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Punjab Laws Act, 1872

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THE PUNJAB LAWS ACT, 1872

SCHEDULE I ENACTMENTS DECLARED TO BE IN FORCE

SCHEDULE II ENACTMENTS REPEALED

THE PUNJAB LAWS ACT, 1872

Act No IV OF 1872

[28th March, 1872]

An Act for declaring which of certain rules, laws and regulations have the force of law in the Punjab and for other purposes.

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 lIndian Councils Act, 1861; 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:—

Section 1. Short title

This Act may be called the Punjab Laws Act, 1872.

Section 2. Local extent

It extends to the 2territories 3[comprised in the Punjab], but not so as to alter the effect of any regulations made for any parts of the said territories under the 1Statute 33 Vict., cap. 3, section 1;

Commencement, and it shall come into force on the first day of June, 1872.

Section 3. Enactments in force

The Regulations, Acts and Orders specified in the First Schedule hereto annexed are in force in 4[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 [Enactments repealed.]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), s. 3 and Sch. II.

CIVIL JUDICATURE

[5] Section 5. Decisions 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) 6[Where the parties are not Muslims, 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) 7* * *

1Rep. by the Government of India Act.

2Rep. in the territories now forming the N.W.F.P. by the N.W.F.P. Law and Justice Regulation, 1901 (7 of 1901), s. 5. 3The original words “now under the administration of the Lieutenant Governor of the Punjab” were first subs. by A. O., 1949, Sch. and then amended by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8, to read as above.

4Subs. by Act 26 of 1951, s. 8, for” West Punjab” which had been subs. by A.O., 1949, for” the Punjab”.

5Subs. by the Punjab Laws (Amdt) Act, 1878 (12 of 1878), s. 1, for the original section 5. The provisions of this section have been rep. in so far as they are inconsistent with those of the Muslim Personal Law (Shariat) Application Act, 1937 (26 of 1937), see ibid., s. 6.

6Subs. by the Federal Laws, (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for “Any custom”.

7Certain words omitted ibid.

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.]

Section 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.

Section 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.

1* * * * *

18, 8A, 8B and 8C. [Regarding descent of Jaghirs] Rep. by the Punjab Jaghirs Act, 1941 (Punjab Act V of 1941), s. 13.

PRE-EMPTION

9 to 20. Rep. by the Punjab Pre-emption Act, 1905 (Punjab Act II of 1905), s. 2 (I).

DECREES CONCERNING LAND

21. [Copy of decrees affecting land to be forwarded to Deputy Commissioner.] Rep. by the Punjab Land Revenue Act, 1887 (XVII of 1887).

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

34 to 38. Rep. by the Punjab Court of Wards Act, 1903 (Punjab Act II of 1903), s. 2 (I).

CRIMINAL JUDICATURE

239. [Pakistan Penal Code to apply to offences committed previous to 1st January, 1862. Saving of privileges conferred on certain Chiefs.] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of1981), s. 3 and IInd Sch.

[3] Section 39A. Power to establish a system of village-watchmen and municipal watchmen, and to make rules

4[The Provincial Government] may establish a system of village-watchmen or municipal watchmen in any part of the 5[Punjab], and in furtherance of this object may, from time to time, make rules to provide for the following matters:—

1The heading “Descent of Jaghirs” preceding Ss. 8, 8A, 8B and 8C which were subs. by the Punjab Descent of Jaghirs Act, 1900 (Punjab Act 4 of 1900), s. 2, for the original section 8, was subsequently repealed, together with the said sections, by the Punjab Jaghirs Act, 1941 (Punjab Act 5 of 1941), s. 13. 2This section was previously amended by A.O.,1937.

3Ss. 39A and 39B were subs. by the Punjab Laws (Amdt) Act, 1881 (24 of 1881), s. 2, for the ss. 39A and 39B which had been ins. by the Punjab Laws Amdt Act, 1875 (15 of 1875), s. 2.

4Subs. by A. O. 1937, for “The L.G.”.

5Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. for “territories under its administration” (with effect from the 14th October, 1955).

(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 1[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 for 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 vi1lages 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 these 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

1Subs. by A. O. 1937, for “The L.G.”.

(l) the efficient working of the system of village-watchmen or municipal watchmen;

Provided—

first, 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.

Section 39B. Obligation to assist watchman and headman

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.

Person obstructing watchman or headman may be arrested without warrant.—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 1[the Provincial Government].]

[2] Section 39C. Power to direct local taxation for payment of police enrolled under Act V of 1861

Whenever it seems to l[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 3Act V of 1861, 1[the Provincial Government] may direct that the said service shall be so performed, and may also, 4* * * direct that the charges for the time being fixed by such Government on account of such service shall be defrayed by taxes to be levied in such town or village.

Section 39D. Notice of taxes proposed to be levied

When l[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.

Objections to taxation.—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.

Procedure thereon.—After the expiry of fifteen days from the publication of the notice, the Deputy Commissioner may submit for the information of l[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 1[the Provincial Government].

1Subs. by A.O., 1937, for “the L.G.”

2Ss. 39C to 39G were ins. by the Punjab Laws Amdt. Act, 1875 (15 of 1875), s. 2. 3The Police Act. 4The words “subject to the control of the G.G. in C.” rep. by A.O.,1937.

Section 39E. Power to fix rates of tax

When any such tax has been so approved by l[the Provincial Government], the Deputy Commissioner may from time to time, subject to such rules consistent with this Act as 1[the Provincial Government] may from time to time prescribe, determine the rates at which it is to be levied.

Section 39F. Power to make rules for collection of taxes

l[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-OFPICERS

Section 40. Provincial Government may confer powers of Police-officer

1[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, 2[and may withdraw any powers so conferred].

TRACK LAW

Section 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. If such headman or watchman do 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 that 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.

Appeal to High Court.—An appeal against all convictions under this section shall lie to the 3[High Court of West Pakistan].

Fine may be awarded to injured parties, and fee to tracker.—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

lSubs. by A.O., 1937, for “the L.G.”.

2Ins. by the Punjab Laws (Amdt.) Act, 1878 (12 of 1878), s.5.

3The original words “Chief Court” were first subs. by A.O., 1949, and then amended by the Central Laws (Statute Reform) Ordinance, 1960, (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), to read as above.

Section 43. Control of slaughter of kine and sale of beef

The slaughter of kine and the sale of beef shall not take place except 1* * * subject to rules to be from time to time, either generally or in any particular instance, prescribed by 2[the Provincial Government].

ARMED MEN AND FOREIGN VAGRANTS

Section 44. 3[Control of entry into towns of bands of armed men.] Omitted by the Federal Laws

(Revision and Declaration) Ordinance, 1981 (XXVII of1981), s. 3 and IInd Sch.

Section 45. 4[Powers of Magistrate of District as to foreign vagrants.] Omitted by the Federal Laws

(Revision and Declaration) Ordinance, 1981 (XXVII of 1981) s. 3 and IInd Sch.

Section 46. 4[Surveillance, etc., of band failing to comply with Magistrate’s Order.] Omitted by the

Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and IInd Sch.

MISCELLANEOUS

Section 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 5* * * subject to rules to be from time to time either generally or in any particular instance, prescribed by 2[the Provincial Government].

Section 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 6[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 7[the government concerned].

49. [Growing, selling or keeping opium.] Rep. by the Opium Act, 1878 (I of 1878), s. 2 and

Sch.

[8] Section 50. Power to make rules as to matters mentioned in sections 43 to 48

2[The Provincial Government] may from time to time make rules as to the matters mentioned in 9[sections 43,47 and 48] inclusive.

Existing rules.—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.

Section 50A. Conditions of validity of rules hereafter made under this Act

10[Rules made under this Act shall not be valid unless]:

1The words “with the consent and” rep. by the Punjab Laws (Amdt.) Act, 1878 (12 of 1878), s. 6.

2Subs. by A.O., 1937, for “the L.G.”.

3This section was previously amended by Act, 12 of 1878, s. 6 and A.O., 1937. 4This section was amended by A.O., 1937. 5The words “with the consent and” rep. by the Punjab Laws (Amdt.) Act, 1878 (12 of 1878), s. 6. 6The original words “the Government”. were first subs. .by, A.O., 1937 and then amended by A.O.,1961, Art. 2 (with effect from the 23rd March, 1956), to read as above. 7The original words the L,G.” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art.2 and Sch.(with effect from the 23rd March, 1956), to read as above. 8Ss 50, 50A and 50B were subs. by the Punjab Laws Amdt. Act, 1875 (15 of 1875), s. 3, for the original s. 50.

9Subs. by “the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and. IInd Sch. for “sections 43 to.48” which had been subs.

by the Amending Act, 1891 (12 of 1891), s. 2 and Sch. II, for “sections forty three to forty-nine”.

10Subs. by A.O., 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 subs. by the Decentralization Act, 1914 (4 of 1914), for the words “No” and” valid “, respectively.

(a) they are consistent with the laws for the time being in force in 1[the Punjab];

(b) they are published in the official Gazette;

2* * * * * * *

[3] Section 50B. Penalties for beach of rules

Whoever breaks any rule made by the Provincial Government under this Act shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to fifty rupees, or with both.]

Section 51. [Republication of rules and orders] Omitted by the Federal Laws (Revision and

Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and IInd Sch.

52. [Recovery of advances made by Government.] Rep.by the Northern India Takkavi Act, 1879 (X of 1879).

4SCHEDULE I

ENACTMENTS DECLARED TO BE IN FORCE

Explanation.— This schedule does not refer to any Act which is in its terms applicable to 5[the Punjab], or which has been extended to 5[the Punjab] by competent authority.

No. and year Title Extent to which the enactment is in force

6Reg. 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. 7* * * * * * *

Reg. XVII of 1806 A Regulation for extending to the province of Benares the Rates of Interest of 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 Sales of Land, under Deeds of bai-bil-wuffa Kutcubaleb, or other similar designation. Sections 7 and 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 7* * * * * * * *

1Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8, for “West Punjab” which had been subs. by A.O., 1949, Sch., for “the Punjab “.

2CI. (c) of s. 5A rep. by Act 4 of 1914. 3Section 50 B as amended by Act 12 of 1878, s. 7, A.O., 1937, has been subs. by Ordinance 27 of 1981, s. 3 and IInd Sch. 4As so much of Act 4 of 1872 as related to Bengal Regulations 5 of 1817 and 20 of 1825 and Acts 40 of 1858 and 17 of 1861 was repealed by Acts 6 of 1878, 10 of 1882, 8 of 1890 and 12 of 1891, respectively, the references to those Regulations and Acts in the Schedule are omitted.

5Subs. by Act 26 of 1951, for “West Punjab” which had been subs. by A.O., 1949, Sch., for “the Punjab”.

6So much of Act 4 of 1872 as relates to Bengal Regulations 1 of 1798 and 17 of 1806 will be repealed when the Transfer of Property Act, 1882 (4 of 1882), is extended to the Punjab, see Act 4 of 1882, ss.1,2 and Sch. 7So much of the first Schedule as relates to Bengal State Offences Regulation, 1804, (10 of 1804), was repealed by Act 4 of 1922.

SCHEDULE II

[Enactments Repealed]

Rep. by the Second Repealing and Amending Act, 1914 (XVII of 1914)

________________________________

Date: 16-09-2024

No. and year

Title

Extent to which the enactment is in force.

. .

Rules for the conservancy of Forests and Jungles in the Hill Districts of the Punjab Territories, Sanctioned by the Governor General in Council in letter of the Secretary to the Government of India, No. 1789, 21st May, 1855.

The whole

Print contents from the source
CONTENTS
 
 
PREAMBLE.
 
 
1. 
 
Short title
.
 
 
2. 
 
Local extent
.
 
 
3. 
 
Enactments in force
.
 
 
4. 
 
[
Repealed
]
 
 
 
CIVIL JUDICATURE
 
 
5. 
 
Decisions in certain cases to be according to Native law
.
 
 
6. 
 
Decisions in cases not specially p
rovided for
.
 
 
7. 
 
Local customs and mercantile usages when valid
.
 
 
8
.
 
 
8A, 8B and 8C
.
 
[
Repealed
]
 
 
PRE
-
EMPTION
 
 
9 to 20
.
 
[
Repealed
]
 
 
DECREES CONCERNING LAND
 
 
21.
 
[
Repealed
]
 
 
INSOLVENCY
 
 
22 to 3
3
.
.
 
[
Repealed
]
 
 
 

 
Page 
2
 
of 
11
 
 
MINORS AND THE COURT OF WARDS
 
 
34 to 38.
 
[
Repea
led
].
 
 
CRIMINAL JUDICATURE
 
 
39.
 
[
Omitted
]
 
 
39A.
 
Power to establish a system of village
-
watchmen and municipal watchmen, and to make 
 
rule
.
 
 
39B. 
 
Obligation to assist watchman and headman
.
 
 
 
Person obstructing watchman or headman may be arrested without wa
rrant
.
 
 
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 c
ollection of taxes.
 
 
39G.
 
[
Repealed
]
 
 
HONORARY POLICE
-
OFPICERS
 
 
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 a
t offence or escape
.
 
L
imit to fine
.
 
Appeal to High Court
 
 
Fine may be awarded to injured parties, and fee to tracker
.
 
 
SLAUGHTER OF KINE
 
 
43. 
 
Control of slaughter of kine and sale of beef
.
 
 
ARMED MEN AND FOREIGN VAGRANTS
 
 
44. 
 
[
Omitted
]
 
 
 
Page 
3
 
of 
11
 
 
45. 
 
[
Omitted
]
 
 
4
6.
 
 
[
Omitted
]
 
 
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. 
 
Conditi
ons of validity of rules hereafter made under this Act
 
 
50B. 
 
Penalties for beach of rules.
 
 
51. 
 
[
Omitted
]
 
 
 
52. 
 
[
Repealed
]
Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 0e3c529b63b6a30a1e9be5f3a38db05d4cdf7030ac5a7815b4dc4e6e3c31555a.

Page 
1
 
of 
11
 
 
 
 
 
 
 
THE PUNJAB LAWS ACT, 1872
 
 
 
 
CONTENTS
 
 
PREAMBLE.
 
 
1. 
 
Short title
.
 
 
2. 
 
Local extent
.
 
 
3. 
 
Enactments in force
.
 
 
4. 
 
[
Repealed
]
 
 
 
CIVIL JUDICATURE
 
 
5. 
 
Decisions in certain cases to be according to Native law
.
 
 
6. 
 
Decisions in cases not specially p
rovided for
.
 
 
7. 
 
Local customs and mercantile usages when valid
.
 
 
8
.
 
 
8A, 8B and 8C
.
 
[
Repealed
]
 
 
PRE
-
EMPTION
 
 
9 to 20
.
 
[
Repealed
]
 
 
DECREES CONCERNING LAND
 
 
21.
 
[
Repealed
]
 
 
INSOLVENCY
 
 
22 to 3
3
.
.
 
[
Repealed
]
 
 
 

 
Page 
2
 
of 
11
 
 
MINORS AND THE COURT OF WARDS
 
 
34 to 38.
 
[
Repea
led
].
 
 
CRIMINAL JUDICATURE
 
 
39.
 
[
Omitted
]
 
 
39A.
 
Power to establish a system of village
-
watchmen and municipal watchmen, and to make 
 
rule
.
 
 
39B. 
 
Obligation to assist watchman and headman
.
 
 
 
Person obstructing watchman or headman may be arrested without wa
rrant
.
 
 
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 c
ollection of taxes.
 
 
39G.
 
[
Repealed
]
 
 
HONORARY POLICE
-
OFPICERS
 
 
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 a
t offence or escape
.
 
L
imit to fine
.
 
Appeal to High Court
 
 
Fine may be awarded to injured parties, and fee to tracker
.
 
 
SLAUGHTER OF KINE
 
 
43. 
 
Control of slaughter of kine and sale of beef
.
 
 
ARMED MEN AND FOREIGN VAGRANTS
 
 
44. 
 
[
Omitted
]
 
 
 
Page 
3
 
of 
11
 
 
45. 
 
[
Omitted
]
 
 
4
6.
 
 
[
Omitted
]
 
 
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. 
 
Conditi
ons of validity of rules hereafter made under this Act
 
 
50B. 
 
Penalties for beach of rules.
 
 
51. 
 
[
Omitted
]
 
 
 
52. 
 
[
Repealed
]
 
 
SCHEDULE I
 
ENACTMENTS DECLARED TO BE IN FORCE
 
 
SCHEDULE II
 
ENACTMENTS REPEALED
 
 
 
 
Page 
4
 
of 
11
 
 
THE
 
PUNJAB
 
LAWS
 
ACT,
 
1872
 
 
Act
 
No
 
IV
 
OF
 
1872
 
 
[
28
th
 
March,
 
1872]
 
 
An
 
Act
 
for
 
declaring
 
which
 
of
 
certain
 
rules,
 
laws
 
and
 
regulations
 
have
 
the
 
force
 
of
 
law
 
in
 
the
 
Punjab
 
and
 
for
 
other
 
purposes
.
 
 
 
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
 
l
Indian
 
Councils
 
Act,
 
1861;
 
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,
 
con
solidate
 
or
 
repeal
 
others
 
of
 
the
 
sa
id
 
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.
 
It
 
extends
 
to
 
the
 
2
territories
 
3
[comprised
 
in
 
the
 
Punjab],
 
but
 
not
 
so
 
as
 
to
 
alter
 
the
 
effect
 
of
 
any
 
r
egulations
 
made
 
for
 
any
 
parts
 
of
 
the
 
said
 
territories
 
under
 
the
 
1
Statute
 
33
 
Vict.,
 
cap.
 
3,
 
section
 
1;
 
 
 
Commencement,
 
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
 
F
irst
 
Schedule
 
hereto
 
annexed
 
are
 
in
 
force
 
in
 
4
[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),
 
s.
 
3
 
and
 
Sch.
 
II.
 
 
CIVIL
 
JUDICATURE
 
 
 
5
[
5.
 
Decisions
 
in
 
certain
 
cases
 
to
 
be
 
according
 
to
 
Native
 
law.
—
In
 
questions
 
regarding
 
succession,
 
special
 
property
 
of
 
females
 
betrothal,
 
marriage,
 
divorce,
 
dower,
 
adoption,
 
guardian
ship,
 
minority,
 
bastardy,
 
family
 
relations,
 
wills,
 
legacies,
 
gifts,
 
par
titions,
 
or
 
any
 
religious
 
usage
 
or
 
institution,
 
the
 
rule
 
of
 
decision
 
shall
 
be
—
 
 
(a)
 
 
6
[Where
 
the
 
parties
 
are
 
not
 
Muslims,
 
any
 
custom]
 
applicable
 
to
 
the
 
parties
 
concerned,
 
which
 
is
 
not
 
con
trary
 
to
 
justice,
 
equity
 
or
 
good
 
conscience,
 
and
 
has
 
not
 
been
 
by
 
thi
s
 
or
 
any
 
other
 
enactment
 
altered
 
or
 
abolis
hed,
 
and
 
has
 
not
 
been
 
declared
 
to
 
be
 
void
 
by
 
any
 
com
petent
 
authority;
 
 
(b)
 
 
7
*
 
*
 
*
 
 
1
Rep. by the Government of India Act.
 
2
Rep. in the territories now forming the N.W.F.P. by the N.W.F.P. Law and Justice Regulati
on, 1901 (7 of 1901), s. 5.
 
3
The original words “now under the administration of the Lieutenant Governor of the Punjab” were first subs. by A. O., 1949, S
ch. and then amen
ded 
by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8, to 
read as above.
 
4
Subs. by Act 26 of 1951, s. 8, for” West Punjab” which had been subs. by A.O., 1949, for” the Punjab”.
 
5
Subs. by the Punjab Laws (Amdt) Act, 1878 (12 of 1878), s. 1, for the original section 5. The provisions of this section have
 
been rep. 
in so far as they 
are inconsistent with those of the Muslim Personal Law (Shariat) Application Act, 1937 (26 of 1937), 
see ibid
., s. 6.
 
6
Subs. by the Federal Laws, (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for
 
“
Any custom”
.
 
7
Certain words omitted 
ibid
.
 
 
Page 
5
 
of 
11
 
 
 
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
 
cons
cience,
 
or
 
have,
 
before
 
the
 
passing
 
of
 
this
 
Act,
 
been
 
declared
 
to
 
be
 
void
 
by
 
any
 
competent
 
authority.
 
 
 
1
*
 
       
*
 
       
*
 
       
*
 
      
 
*
 
 
 
1
8,
 
8A,
 
8B
 
and
 
8C
.
 
[Regarding
 
descent
 
of
 
Jaghirs]
 
Rep.
 
by
 
the
 
Punjab
 
Jaghirs
 
Act,
 
1941
 
(Punjab
 
Act
 
V
 
of
 
1941),
 
s.
 
13.
 
 
PRE
-
EMPTION
 
 
 
9
 
to
 
20
.
 
Rep.
 
by
 
the
 
Punjab
 
Pre
-
emption
 
Act,
 
1905
 
(Punjab
 
Act
 
II
 
of
 
1905),
 
s.
 
2
 
(I).
 
 
DECREES
 
CONCERNING
 
LAND
 
 
 
21.
 
[Copy
 
of
 
decrees
 
affecting
 
land
 
to
 
be
 
forwarded
 
to
 
Deputy
 
Commissioner.]
 
Rep.
 
by
 
the
 
Punjab
 
Land
 
Revenue
 
Act,
 
1887
 
(XVII
 
of
 
1887).
 
 
INSOLVENCY
 
 
 
22
 
to
 
32.
 
Rep.
 
by
 
the
 
Provincial
 
Insolvency
 
Act,
 
1907
 
(III
 
of
 
1907).
 
 
 
33.
 
[Saving
 
of
 
previous
 
insolvency
 
P
roceedings.]
 
Rep.
 
by
 
the
 
Amending
 
Act,
 
1891
 
(XII
 
of
 
1891).
 
 
MINORS
 
AND
 
THE
 
COURT
 
OF
 
WARDS
 
 
 
34
 
to
 
38.
 
Rep.
 
by
 
the
 
Punjab
 
Court
 
of
 
Wards
 
Act,
 
1903
 
(Punjab
 
Act
 
II
 
of
 
1903),
 
s.
 
2
 
(I).
 
 
CRIMINAL
 
JUDICATURE
 
 
 
2
39.
 
[Pakistan
 
Penal
 
Code
 
to
 
apply
 
to
 
offences
 
commi
tted
 
previous
 
to
 
1st
 
January,
 
1862.
 
Saving
 
of
 
privileges
 
conferred
 
on
 
certain
 
Chiefs.]
 
Omitted
 
by
 
the
 
Federal
 
Laws
 
(Revision
 
and
 
Declaration)
 
Ordinance,
 
1981
 
(XXVII
 
of1981),
 
s.
 
3
 
and
 
II
nd
 
Sch.
 
 
 
3
[39
A. 
Power to establish a system of village
-
watchmen and mu
nicipal watchmen, and to 
make rules.
—
4
[The Provincial Government] may establish a system of village
-
watchmen or 
municipal watchmen in any part of the 
5
[Punjab], and in furtherance of this object may, from time to 
time, make rules to provide for the followi
ng matters:
—
 
 
1
The
 
heading
 
“Descent
 
of
 
Jaghirs”
 
preceding
 
Ss.
 
8,
 
8A,
 
8B
 
and
 
8C
 
which
 
were
 
subs.
 
by
 
the
 
Punjab
 
Descent
 
of
 
Jaghirs
 
Act,
 
1900
 
(Punjab
 
Act
 
4
 
of
 
1900),
 
s.
 
2,
 
for
 
the
 
original
 
section
 
8,
 
was
 
subsequently
 
repealed,
 
together
 
with
 
the
 
said
 
sections
,
 
by
 
the
 
Punjab
 
Jaghirs
 
Act,
 
1941
 
 
(Punjab
 
Act
 
5
 
of
 
1941),
 
s.
 
13.
 
2
This
 
section
 
was
 
previously
 
amended
 
by
 
A.O.,1937.
 
3
Ss. 39A and 39B were subs. by the Punjab Laws (Amdt) Act, 1881 (24 of 1881), s. 2, for the ss. 39A and 39B which had been ins
. by the Punj
ab Laws 
Amdt Act, 1875 (15 of 1875), s. 2.
 
4
Subs. by A. O. 1937, for “The L.G.”.
 
5
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. for “territories under its adminis
tration” (with effect from 
the 14th October, 1955
).
 
 
 
 
Page 
6
 
of 
11
 
 
(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
 
ea
ch
 
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
 
a
nd
 
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
 
bea
ts,
 
as
 
1
[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
 
p
erformance,
 
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
 
for
 
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,
 
a
s
 
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
 
con
nected
 
with
 
the
 
vil
lage
-
watchman
-
system
 
shall
 
be
 
pro
vided
 
for,
 
whether
 
out
 
of
 
cesses
 
or
 
funds
 
already
 
leviable
 
or
 
available
 
in
 
the
 
vi1lages
 
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
 
r
esorting
 
to,
 
such
 
villages,
 
or
 
partly
 
in
 
one
 
of
 
these
 
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
 
realisa
tion
 
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
 
 
 
 
1
Subs. by A. O. 1937, for “The L.G.”.
 
 
Page 
7
 
of 
11
 
 
 
(l)
 
 
the
 
efficient
 
working
 
of
 
the
 
system
 
of
 
village
-
watchmen
 
or
 
municipal
 
watchmen;
 
 
 
Provided
—
 
 
 
first
,
 
th
at
 
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
 
watch
man
 
is
 
to
 
be
 
appointed
 
a
 
power
 
of
 
nomination,
 
to
 
be
 
exercised
 
in
 
such
 
a
 
manner
 
and
 
subject
 
to
 
such
 
reason
able
 
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
 
watchman
 
and
 
headman.
—
Every
 
person
 
is
 
bound
 
to
 
render
 
to
 
a
 
village
-
watchman,
 
or
 
municipal
 
watchman,
 
or
 
village
-
headman
 
discharging
 
the
 
du
ties
 
of
 
a
 
Police
-
officer
 
under
 
the
 
rules
 
made
 
hereunder,
 
all
 
the
 
assistance
 
which
 
he
 
is
 
bound
 
to
 
render
 
to
 
a
 
Police
-
officer.
 
 
 
Person
 
obstructing
 
watchman
 
or
 
headman
 
may
 
be
 
arrested
 
without
 
warrant.
—
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
 
1
[the
 
Provincial
 
Government].]
 
 
 
2
[
39C.
 
Power
 
to
 
direct
 
local
 
taxation
 
for
 
payment
 
of
 
police
 
enrolled
 
under
 
Act
 
V
 
of
 
1861.
—
Whenever
 
it
 
seems
 
to
 
l
[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
 
3
Act
 
V
 
of
 
1861,
 
1
[the
 
Provincial
 
Government]
 
may
 
direct
 
that
 
the
 
said
 
service
 
shall
 
be
 
so
 
performed,
 
and
 
may
 
also,
 
4
*
 
*
 
*
 
direct
 
that
 
the
 
charges
 
for
 
the
 
time
 
being
 
fixed
 
by
 
such
 
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.
—
When 
l
[the Provincial Government] has, under 
section 39C, directed that ta
xes 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 
pro
poses to levy.
 
 
 
Objections to taxation.
—
Any inhabitant of such town or villag
e 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.
 
 
 
Procedure thereon.
—
After the expiry of fifteen days from the publication of the notice, the 
Deputy Commissioner may submit for the information of 
l
[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 
1
[the Provincial 
Government].
 
 
1
Subs.
 
by
 
A.O.,
 
1937,
 
for
 
“the
 
L.G.”
 
2
Ss.
 
39C
 
to
 
39G
 
were
 
ins.
 
by
 
the
 
Punjab
 
Laws
 
Amdt.
 
Act,
 
1875
 
(15
 
of
 
1875),
 
s.
 
2.
 
3
The
 
Police
 
Act.
 
4
The
 
words
 
“subject
 
to
 
the
 
control
 
of
 
the
 
G.G.
 
in
 
C.”
 
rep.
 
by
 
A.O.,1937.
 
 
Page 
8
 
of 
11
 
 
 
39E.
 
Power
 
to
 
fix
 
rates
 
of
 
tax.
—
When
 
any
 
such
 
tax
 
has
 
been
 
so
 
approved
 
by
 
l
[the
 
Provincial
 
Government],
 
the
 
Deputy
 
Commissioner
 
may
 
from
 
time
 
to
 
time,
 
subject
 
to
 
such
 
rules
 
consistent
 
with
 
this
 
Act
 
as
 
1
[the
 
Provincial
 
Government]
 
may
 
from
 
time
 
to
 
time
 
prescribe,
 
deter
mine
 
the
 
rates
 
at
 
which
 
it
 
is
 
to
 
be
 
levied.
 
 
 
39F
.
 
Power
 
to
 
make
 
rules
 
for
 
collection
 
of
 
taxes.
—
l
[The
 
Provincial
 
Government]
 
may
 
from
 
time
 
to
 
time
 
make
 
rules
 
to
 
provide
 
for
 
the
 
collection
 
o
f
 
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
-
OFPICERS
 
 
 
40.
 
Prov
incial
 
Government
 
may
 
confer
 
powers
 
of
 
Police
-
officer.
 
1
[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,
 
2
[and
 
may
 
withdraw
 
any
 
p
owers
 
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
 
im
mediate
 
vicinity
 
of
 
a
 
village,
 
the
 
person
 
following
 
such
 
tracks
 
may
 
call
 
upon
 
any
 
headman
 
or
 
village
-
watchman
 
in
 
s
uch
 
village
 
to
 
assist
 
in
 
carrying
 
on
 
the
 
tracks.
 
 
 
42.
 
Penalty
 
for
 
withholding
 
assistance
 
or
 
conniving
 
at
 
offence
 
or
 
escape;
 
limit
 
to
 
fine
.
 
If
 
such
 
headman
 
or
 
watchman
 
do
 
not
 
forthwith
 
give
 
such
 
assistance,
 
or
 
if
 
the
 
inhabitants
 
of
 
such
 
village
 
do
 
not
 
affo
rd
 
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 
th
e offenders, and such offenders cannot be traced beyond the village, the Magistrate of that 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.
 
 
 
Appeal to High Court.
—
An appeal against all convictions under this section shall lie to the 
3
[High Court of West Pakistan].
 
 
 
Fine m
ay be awarded to injured parties, and fee to tracker.
—
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
 
 
l
Subs.
 
by
 
A.O.,
 
1937,
 
for
 
“the
 
L.G.”.
 
2
Ins.
 
by
 
the
 
Punjab
 
Laws
 
(Amdt.)
 
Act,
 
1878
 
(12
 
of
 
1878),
 
s.5.
 
3
The original words “Chief Court” were first subs. by A.O., 1949, and then amended by the Central Laws (Statute Reform) Ordina
nce, 1960
, (21 of 
1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), to read as above.
 
 
Page 
9
 
of 
11
 
 
 
43.
 
Control
 
of
 
slaughter
 
of
 
kine
 
and
 
sale
 
of
 
beef.
—
The
 
slaughter
 
of
 
kine
 
and
 
the
 
sale
 
of
 
beef
 
shall
 
not
 
take
 
place
 
except
 
1
*
 
*
 
*
 
subject
 
to
 
rules
 
to
 
be
 
from
 
tim
e
 
to
 
time,
 
either
 
generally
 
or
 
in
 
any
 
particular
 
instance,
 
prescribed
 
by
 
2
[the
 
Provincial
 
Government].
 
 
ARMED
 
MEN
 
AND
 
FOREIGN
 
VAGRANTS
 
 
 
44.
 
3
[Control
 
of
 
entry
 
into
 
towns
 
of
 
bands
 
of
 
armed
 
men.]
 
Omitted
 
by
 
the
 
Federal
 
Laws
 
(Revision
 
and
 
Declaration)
 
Ordina
nce,
 
1981
 
(XXVII
 
of1981),
 
s.
 
3
 
and
 
IInd
 
Sch.
 
 
 
45.
 
4
[Powers
 
of
 
Magistrate
 
of
 
District
 
as
 
to
 
foreign
 
vagrants.]
 
Omitted
 
by
 
the
 
Federal
 
Laws
 
(Revision
 
and
 
Declaration)
 
Ordinance,
 
1981
 
(XXVII
 
of
 
1981)
 
s.
 
3
 
and
 
IInd
 
Sch.
 
 
 
46.
 
4
[Surveillance,
 
etc.,
 
of
 
band
 
fai
ling
 
to
 
comply
 
with
 
Ma
gistrate’s
 
Order.]
 
Omitted
 
by
 
the
 
Federal
 
Laws
 
(Revision
 
and
 
Dec
laration)
 
Ordinance,
 
1981
 
(XXVII
 
of
 
1981),
 
s.
 
3
 
and
 
IInd
 
Sch.
 
 
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 
5
* * * subject to rules 
to be from time to time either generally or in any particular instance, presc
ribed by 
2
[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 
6
[the Govern
ment], except 
with the consent and subjec
t to rules to be from time to time, either generally or in any particular 
instance, pres
cribed by 
7
[the government concerned].
 
 
 
49.
 
[Growing, selling or keeping opium.] Rep. by the Opium Act, 1878 (I of 1878), s. 2 and 
Sch.
 
 
 
8
[
50.
 
Power to make rules as
 
to matters mentioned in sections 43 to 48.
—
2
[The Provincial 
Government] may from time to time make rules as to the matters mentioned in 
9
[sections 43,47 and 
48] inclusive.
 
 
 
Existing rules.
—
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.
—
10
[Rules made under 
this Act shall not be valid unless]:
 
 
1
The
 
words
 
“with
 
the
 
consent
 
and”
 
rep.
 
by
 
the
 
Punjab
 
Laws
 
(Amdt.)
 
Act,
 
1878
 
(12
 
of
 
1878),
 
s.
 
6.
 
2
Subs. by A.O., 1937, for “the L.G.”.
 
3
This
 
section
 
was
 
previously
 
amended
 
by
 
Act,
 
12
 
of
 
1878,
 
s.
 
6
 
and
 
A.O.,
 
1937.
 
4
This
 
section
 
was
 
amended
 
by
 
A.O.,
 
1937.
 
5
The words “with the consent and” rep. by th
e Punjab Laws (Amdt.) Act, 1878 (12 of 1878), s. 6.
 
6
The original words “the Government”. were first subs. .by, A.O., 1937 and then amended by A.O.,1961, Art. 2 (with effect from
 
the 23
rd
 
March, 1956), 
to read as above.
 
7
The original words the L,G.” were f
irst subs. by A.O., 1937 and then amended by A.O., 1961, Art.2 and Sch.(with effect from the 23rd March, 1956), 
to read as above.
 
8
Ss 50, 50A and 50B were subs. by the Punjab Laws Amdt. Act, 1875 (15 of 1875), s. 3, for the original s. 50.
 
9
Subs. by “the F
ederal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and. IInd Sch. for “sections 43 to.48” which had be
en subs. 
by the Amending Act, 1891 (12 of 1891), s. 2 and Sch. II, for “sections forty three to forty
-
nine”.
 
10
Subs. by A.O., 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 crot
chets were subs. by the Decentralization Act, 1914 
(4 of 
 
1914), for the 
words “No” and” valid “, respectively.
 
 
 
Page 
10
 
of 
11
 
 
(a)
 
 
they
 
are
 
consistent
 
with
 
the
 
laws
 
for
 
the
 
time
 
being
 
in
 
force
 
in
 
1
[the
 
Punjab];
 
 
 
(b)
 
 
they
 
are
 
published
 
in
 
the
 
official
 
Gazette;
 
 
2
*
 
*
 
*
 
*
 
*
 
*
 
*
 
 
 
3
[
50B.
 
Penalties
 
for
 
beach
 
of
 
rules.
—
Who
ever
 
breaks
 
any
 
rule
 
made
 
by
 
the
 
Provincial
 
Government
 
under
 
this
 
Act
 
shall
 
be
 
punished
 
with
 
imprisonment
 
for
 
a
 
term
 
which
 
may
 
extend
 
to
 
six
 
months,
 
or
 
with
 
fine
 
which
 
may
 
extend
 
to
 
fifty
 
rupees,
 
or
 
with
 
both.]
 
 
 
51.
 
[Republication of rules and orders] Omi
tted by the Federal Laws (Revision and 
Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and IInd Sch.
 
 
 
52
.
 
[Recovery of advances made by Government.] Rep.by the Northern India Takkavi Act, 
1879 (X of 1879).
 
 
4
SCHEDULE I
 
 
ENACTMENTS DECLARED TO BE IN FORC
E
 
 
 
Explanation
.
—
 
This schedule does not refer to any Act which is in its terms applicable to 
5
[the Punjab], or which has been ex
tended to 
5
[the Punjab] by competent authority.
 
 
No.
 
and
 
year
 
Title
 
Extent
 
to
 
which
 
the
 
enactment
 
is
 
in
 
force
 
6
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.
 
7
*
 
*
 
*
 
*
 
*
 
*
 
*
 
Reg.
 
XVII
 
of
 
1806
 
A
 
Regulation
 
for
 
extending
 
to
 
the
 
province
 
of
 
Benares
 
the
 
Rates
 
of
 
Interest
 
of
 
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
 
Co
nditional
 
Sales
 
of
 
Land,
 
under
 
Deeds
 
of
 
bai
-
bil
-
wuffa
 
Kutcubaleb,
 
or
 
other
 
similar
 
designation.
 
Sections
 
7
 
and
 
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
 
o
bserved
 
in
 
determining
 
Claims
 
to
 
Lands
 
gained
 
by
 
alluvion
 
or
 
by
 
dereliction
 
of
 
a
 
river
 
or
 
the
 
sea.
 
The
 
whole
 
7
*
 
*
 
*
 
*
 
*
 
*
 
*
 
*
 
1
Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8, for “West Punjab” which had been subs. by 
A.
O., 1949, 
Sch., for “the Punjab “.
 
2
CI. (c) of s. 5A rep. by Act 4 of 1914.
 
3
Section 50 B as amended by Act 12 of 1878, s. 7, A.O., 1937, has been subs. by Ordinance 27 of 1981, s. 3 and IInd Sch.
 
4
As so much of Act 4 of 1872 as related to Bengal Regulatio
ns 5 of 1817 and 20 of 1825 and Acts 40 of 1858 and 17 of 1861 was
 
repealed by 
Acts 6 of 1878, 10 of 1882, 8 of 1890 and 12 of 1891, respectively, the references to those Regulations and Acts in the Sched
ule
 
are omitted.
 
5
Subs. by Act 26 of 1951, for “West
 
Punjab” which had been subs. by A.O., 1949, Sch., for “the Punjab”.
 
6
So much of Act 4 of 1872 as relates to Bengal Regulations 1 of 1798 and 17 of 1806 will be repealed when the Transfer of Prop
erty 
 
Act, 
1882 (4 of 1882), is extended to the Punjab, see A
ct 4 of 1882, ss.1,2 and Sch.
 
7
So much of the first Schedule as relates to Bengal State Offences Regulation, 1804, (10 of 1804), was repealed by Act 4 of 19
22.
 
 
 
 
Page 
11
 
of 
11
 
 
  
 
 
 
 
 
 
 
 
SCHEDULE
 
II
 
 
[Enactments
 
Repealed]
 
Rep.
 
by
 
the
 
Second
 
Repealing
 
and
 
Amending
 
Act,
 
1914
 
(XVII
 
of
 
1914)
 
 
________________________________
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 16
-
09
-
2024
 
 
No.
 
and
 
year
 
 
 
 
 
Title
 
 
 
Extent
 
to
 
which
 
the
 
enactment
 
is
 
in
 
force.
 
 
.
 
.
 
 
 
Rules
 
for
 
the
 
conservancy
 
of
 
Forests
 
and
 
Jungles
 
in
 
the
 
Hill
 
Districts
 
of
 
the
 
Punjab
 
Territories,
 
Sanctioned
 
by
 
the
 
Governor
 
General
 
in
 
Council
 
in
 
letter
 
of
 
the
 
Secretary
 
to
 
the
 
Government
 
of
 
India,
 
No.
 
1789,
 
21
st
 
May,
 
1855.
 
 
The
 
whole

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any r egulations made for any parts of the said territories under the 1 Statute 33 Vict., cap. 3, section 1; Commencement, and it shall come into force on the first day of June, 1872. 3. Enactments in force. The Regulations, Acts and

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Section 5

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1951, s. 8, for” West Punjab” which had been subs. by A.O., 1949, for” the Punjab”. 5 Subs. by the Punjab Laws (Amdt) Act, 1878 (12 of 1878), s. 1, for the original section 5. The provisions of this section have been rep. in so far as they are inconsistent with those of the Muslim Personal Law (Shariat) Application Act, 1937 (26 of 1937), see ibid ., s. 6. 6 Subs. by the Federal Laws,

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Section 8

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bs. by the Punjab Descent of Jaghirs Act, 1900 (Punjab Act 4 of 1900), s. 2, for the original section 8, was subsequently repealed, together with the said sections , by the Punjab Jaghirs Act, 1941 (Punjab Act 5 of 1941), s. 13. 2 This

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Section 39A

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unicipality 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 3 Act V of 1861, 1 [the Provincial Government] may direct that the said service shall

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Section 39C

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be levied in such town or village. 39D. Notice of taxes proposed to be levied. — When l [the Provincial Government] has, under section 39C, directed that ta xes 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 pro poses to levy. Ob

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Section 50

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Act, 1951 (26 of 1951), s. 8, for “West Punjab” which had been subs. by A. O., 1949, Sch., for “the Punjab “. 2 CI. (c) of s. 5A rep. by Act 4 of 1914. 3 Section 50 B as amended by Act 12 of 1878, s. 7, A.O., 1937, has been subs. by Ordinance 27 of 1981, s. 3 and IInd Sch. 4 As so much of Act 4 of 1872 as related to Bengal Regulatio ns 5 of 1817 and 20 of 1825 and Acts 40 of 1858 and 1

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