Kazis Act, 1880

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THE KAZIS ACT, 1880
 
 
 
CONTNETS
 
1.
 
Short title
 
Local 
e
xtent
 
2. 
 
Power to appoint Kazis for any local area
 
3. 
 
Naib Kazis
 
4. 
 
Nothing in act to confer judicial or administrative powers; or to render
 
the presence of Kazi 
necessary
; or to prevent any one acting as Kazi
 
 
 
 
 
 

 
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THE KAZIS ACT, 1880
 
1
ACT No. XII OF 1880
 
[
9th July, 1880
] 
 
An Act for the appointment of persons to the office of Kazi
 
WHEREAS by the preamble to Act No. XI of 1864 
2
(An Act to repeal the law relating to the 
offices of Hindu and Muhammadan Law Officers and to the offices of Kazi
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ul
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Kuzaat and of Kazi, and 
to abolish the former offices) 
it was (among other things) declared 
that it was inexpedient that the 
appointment of the Kazi
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ul
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Kuzaat, or of City, Town of Pargana Kazis, should be made by the 
Government, and by the same Act the enactments relating to the appointment by the Government of 
the said officers were repealed; an
d 
 
whereas by the usage of the Muhammadan community in some parts of 
3
[Pakistan] the presence 
of Kazis appointed by the Government is required at the celebration of marriages and the performance 
of certain other rites and ceremonies, and it is therefore ex
pedient that the Government should again 
be empowered to appoint persons to the office of Kazi; It is hereby enacted as follows:
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1. Short title. 
This Act may be called the Kazis Act, 1880; 
 
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Local Extent. 
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* * * 
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[The] 
7
[Provincial Government] may from time to time, by notification 
in the official Gazette, extend it to the whole or any part of the territories under its adniinistration
8
. 
 
2. Power to appoint Kazis for any local area. 
Wherever it appears to the 
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[Provincial
 
Government] that any considerable number of the 
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[Muslims] resident in any local area desire that one 
or more Kazis should be appointed for such local area, the 
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[Provincial Government] may, if it thinks 
fit, after consulting the principal 
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[Muslim] resi
dents of such local area, select one or more fit persons 
and appoint him or them to be Kazis for such local area. 
 
If any question arises whether any person has been rightly appointed Kazi under this section, 
the decision thereof by the 
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[Provincial Govern
ment] shall be conclusive. 
 
The 
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[Provincial Government] may, if it thinks fit, suspend or remove any Kazi appointed under 
this section who is guilty of any misconduct in the execution of his office, or who is for a continuous 
period of six months absent f
rom the local area for which he is appointed, or leaves such local area for 
the purpose of residing elsewhere, or is declared an insolvent, or desires to be discharged from the 
office, or who refuses or becomes in the opinion of the 
7
[Provincial Government
] unfit, or personally 
incapable, to discharge the duties of the office. 
 
1
For Statement of Objects and Reasons, 
see 
Gazette of India, 1880 Pt. V., p.21 ; for the Report of the Select Committee, 
see ibid. 
Pt. V., p. 203 ; for 
discussions in Council, 
see ibid., 
Supplement, pp. 345, 356 and 1203. 
 
This Act has been repealed to the extent of Islamabad Capital Territory 
see 
Ordinance No. 27 of 1981, s. 4 and 3rd Sch. 
 
2
Rep. by the Repealing Act, 1868 (8 of 1868). 
 
3
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch (with effect from the 14th October,
 
1955), for “the Provinces 
and the Capital of the Federation” which had been subs. b
y A.O., 1949, Arts. 3 (2) and 4, for “British India”. 
 
4
The words “and it shall come into force at once” rep. by the Repealing and Amending Act, 1914 (10 of 1914). 
 
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The words “It extends, in the first instance, only to the territories administered by the 
Governor of Fort Saint George in Council. But’ omitted by A. O., 
1949, Sch. 
 
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Subs. 
ibid., 
for “any other”. 
 
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Subs. by A.O., 1937, for “L. G”. 
 
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The Act has been extended to certain places in the Punjab, 
see 
local Rules and orders. 
 
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Subs. by F.A.O., 1975,
 
Art. 2 and Table, for “Muhammadans”. 
 
10
Subs. 
ibid., 
for “Muhammadan”. 
 
 
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3. Naib Kazis. 
Any Kazi appointed under this Act may appoint one or more persons as his naib 
or naibs to act in his place in all or any of the matters appertaining to his office throu
ghout the whole 
or in any portion of the local area for which he is appointed, and may suspend or remove any naib so 
appointed. 
 
When any Kazi is suspended or removed under section 2, his naib or naibs (if any) shall be 
deemed to be suspended or removed, a
s the case may be. 
 
4. Nothing in act to confer judicial or administrative powers; or to render
 
the presence of 
Kazi necessary
; or to prevent any one acting as Kazi. 
Nothing herein contained, and no appointment 
made hereunder, shall be deemed
—
 
 
(a) 
 
to confer any judicial or administrative powers on any Kazi or Naib Kazi 
appointed hereunder; or 
 
(b) 
 
to render the presence of a Kazi or Naib Kazi necessary at the celebration of any 
marriage or the performance of any rite or ceremony; or 
 
(
c) 
 
to preven
t any person discharging any of the functions of a Kazi. 
 
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Date: 16
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09
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2024