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  "title": "Metal Tokens Act, 1889",
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  "text": "Page 1 of 4 \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE METAL TOKENS ACT, 1889 \r\n \r\n \r\n \r\nCONTENTS \r\n \r\n1. Title and extent. \r\n2.  Definition. \r\n3.  Prohibition of making by private persons of pieces of metal to be used as money. \r\n4.  Penalty for unlawful making, issue or possession of such pieces. \r\n5.  Cognizance of offences under the last foregoing section. \r\n6.  Application of certain of the foregoing provisions of this Act to importation of pieces of \r\n metal for use as money. \r\n7.  Addition to section 98, Act X of 1882. \r\n8.  Prohibition of receipt by local authorities and railways as money of m etal which is not \r\n coin. \r\n9.  Amendment of section 28 of the Indian Penal Code. \r\n \r\n \r\n \r\n\r\n \r\nPage 2 of 4 \r\n \r\nTHE METAL TOKENS ACT, 1889 \r\n \r\n1\r\nACT NO. I OF 1889 \r\n \r\n[1st February, 1889] \r\n \r\nAn Act for the Protection of Coinage and other purposes \r\n \r\n WHEREAS it is expedient to prohibit the making, or the Possession for issue or the issue, \r\nby private persons, of pieces of metal for use as money; \r\n \r\n And whereas it is also expedient to amend section 28 of the Pakistan Penal Code (XLV of \r\n1860);  \r\n  It is hereby enacted as follows:— \r\n \r\n 1. Title and extent.—(1) This Act may be called the Metal Tokens Act, 1889. \r\n \r\n 2\r\n[(2) It extends to the whole of Pakistan]; \r\n3\r\n* \r\n \r\n 3[*  *  *  *  *  *  *] \r\n \r\n 2. Definition. In this Act “issue” means to put a piece of metal into circulation for the first time \r\nfor use as money in 4[Pakistan] such piece having been made in contravention of this Act or brought \r\ninto 4[Pakistan] by 5[air, sea or land] in contravention of any notification for the time being in force \r\nunder section 6[16 of the customs Act, 1969 (IV of 1969)]. \r\n \r\n 3. Prohibition of making by private persons of pieces of metal to be used as money. No \r\npiece of copper or bronze or of any other metal or mixed metal, which, whether stamped or unstamped, \r\nis intended to be used as money, shall be made except by the authority of the 7[Federal Government]. \r\n \r\n 4. Penalty for unlawful making, issue or possession of such pieces.—(1) In either of the \r\nfollowing cases, namely:— \r\n \r\n(a)  if any person makes in contravention of the last foregoing section, or issues \r\nor attempts to issue, any such piece as is mentioned in that section, \r\n \r\n(b)  if, after the expiration of three months from the commencement of this Act, \r\nany person has in his possession, custody or control any such piece as is \r\nmentioned in the last foregoing section, with intent to issue the piece, \r\n \r\n 1For Statement of Objects and Reasons, see Gazette of India, 1888, Pt. V; p 19; for Report of the Select Committee. see ibid., 1889, Pt. IV. \r\n p. 3; and for Debates in Council, see ibid., 1888, Pt. VI, pp 40 and 81, and ibid., 1889, Pt. VI, pp. 3 and 9. \r\n 2Sub-section (2) as amended by A. O., 1949, Arts. 3(2) and 4, has been subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of \r\n 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n 3The word “and” at the end of sub -section (2), and sub-section (3), were rep. by the Repealing and Amending Act, 1914 (10 of 1914), s. 3 \r\n and Sch. II. \r\n 4Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), of “the Provinces and the Capital of the Federation” \r\n which had been subs. by A. O., 1949, Arts. 3(2) and 4, for “British India”. \r\n 5Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for “sea or by land”. \r\n 6Subs. ibid., for “19 of the Sea Customs Act, 1878”. \r\n 7Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”, which was previously subs. by A. O., 1937, for “G. G. in C .”, to read \r\n as above. \r\n \r\nPage 3 of 4 \r\n \r\nthe person shall be punished, \r\n \r\n(i)  if he has not been previously convicted under this section, with \r\nimprisonment which may extend to one year, or with fine, or with both; \r\nor, \r\n \r\n(ii)  if he has been previously convicted under this section, with \r\nimprisonment which may extend to three years, or with fine, or with \r\nboth. \r\n \r\n (2) If any person is convicted of an offence under sub-section (1), he shall, in addition to \r\nany other punishment to which he may be sentenced, forfeit all such pieces as aforesaid, and all \r\ninstruments and materials for the making of such pieces, which may have been found in his \r\npossession, custody or control. \r\n \r\n (3) If in the trial of any such offence the question arises whether any piece of metal or mixed \r\nmetal was intended to be used or to be issued for use as money, the burden of proving that the piece \r\nwas not intended to be so used or issued shall lie on the accused person. \r\n \r\n 5. Cognizance of offences under the last foregoing section.—(1) The offence of \r\nmaking, in contravention of section 3, any such piece as is mentioned in that section shall be a \r\ncognizable offence. \r\n \r\n (2) Notwithstanding anything in the 1[Code of Criminal Procedure, 1898], (V of 1898) no \r\nother offence punishable under section 4 shall be a cognizable offence, or 2* * * be taken cognizance \r\nof by any Magistrate, except a District Magistrate or Sub-Divisional Magistrate, without the previous \r\nsanction of the District Magistrate or Sub-Divisional Magistrate. \r\n \r\n 6. Application of certain of the foregoing provisions of this Act to importation of pieces \r\nof metal for use as money. 3[If at any time the Federal Government sees fit, by notification under \r\nsection 16 of the Customs Act, 1969, (IV of 1969) to prohibit to restrict the bringing by air, sea or \r\nland into Pakistan of any such pieces of metal as are mentioned in section 3, it may by notification \r\ndirect that any person contravening the prohibition or restriction shall be liable to the punishment to \r\nwhich he would be liable if he were convicted under this Act of making such pieces in Pakistan, \r\ninstead of to the penalty mentioned in section 156 of the Customs Act, 1969 (IV of 1969), and that \r\nthe provisions of sub-section (3) of section 4 and sub-section (1) of section 5, or of either sub-\r\nsection, in relation to the offence of making such pieces shall, notwithstanding anything in the \r\nCustoms Act, 1969, apply, so far as they can be made applicable, to the offence of contravening the \r\nprohibition or restriction notified under section 16 of that Act.] \r\n \r\n 7. [Addition to section 98, Act X of 1882.] Rep. by the Code of Criminal Procedure, 1898 \r\n(V of 1898). \r\n \r\n \r\n \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for “Code of Criminal Procedure, 1882”. \r\n2The words “beyond the limits of a presidency town” omitted by A. O., 1949, Sch. \r\n3Section 6 subs. by Ord. 27 of 1981, s. 3 and 2nd Sch. \r\n \r\n \r\nPage 4 of 4 \r\n \r\n 8. Prohibition of receipt by local authorities and railways as money of metal which is not \r\ncoin.—(1) No piece of metal which is not coin as defined in the Pakistan Penal Code (XLV of 1860) \r\nshall be received as money by or on behalf of any railway-administration or local authority. \r\n \r\n (2) If any person on behalf of a railway-administration, or on behalf of a local authority, or on \r\nbehalf of the lessee of the collection of any toll or other impost leviable by a railway is \r\nadministration or local authority, receives as money any piece of metal which is not such coin as \r\naforesaid, he shall be punished with fine which may extend to ten rupees. \r\n \r\n 9. [Amendment of section 28 of the Indian Penal Code.] Rep. by the Repealing Act, 1938 \r\n(I of 1938), s. 2 and Sch. \r\n \r\n \r\n___________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: 05-09-2024",
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