Representation Of People Act, 1976

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THE SYSTEM OF SARDARI (ABOLITION) ACT, 1976. 
 
ACT NO. XL OF 1976 
 
[19th May, 1976] 
 
An Act to provide for the abolition of the system of Sardari and for matters ancillary 
thereto. 
 
WHEREAS the system of Sardari, prevalent in certain parts of Pakistan, is the worst 
remnant of the oppressive feudal and tribal system which, being derogatory to human dignity 
and freedom, is repugnant to the spirit of democracy and equality as enunciated by Islam and 
enshrined  in  the  Constitution  of  the  Islamic  Republic  of  Pakistan  and  opposed  to  the 
economic advancement of the people; 
 
AND  WHEREAS  the Proclamation of Emergency referred to in Article 280 of the 
Constitution of the Islamic Republic of Pakistan is in force; 
It is hereby enacted as follows:— 
1. Short title, Commencement and application.—(1) This Act may be called the 
System of Sardari (Abolition) Act, 1976. 
 
(2) It extends to the whole of Pakistan. 
(3) It shall come into force at once. 
2. Definition. In this Act, unless there is anything repugnant in the subject or context, 
"Sardar "means a person who is recognized as a Sardar, Tumandar or Chief of the tribe or 
who, under any custom or usage or otherwise, exercises any of the powers, or enjoys any of 
the privileges, mentioned in section 3. 
 
3. Abolition of system of Sardari. Notwithstanding any custom or usage, as from the 
commencement of this Act, the system of Sardari shall stand abolished and no person shall— 
 
(a)       exercise any judicial powers not expressly conferred on him by or under any 
law for the time being in force; or 
 
(b)       maintain any private jail ; or 
 
(c)       save as provided in the Code of C riminal Procedure, 1898 (Act V of 1898) or 
any other law for the time being in force, arrest or keep in custody any person; 
or 
 
(d)       t ake free labour from any person or compel any person to labour against his 
will; or 
 
 
 
'For Statement of Objects and Reasons, see Gaz., of P., 1976, Ext., Pt. Ill, p. 487. 
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(e)      demand or receive, by reason of being or having been a sardar, any tribute or 
any other payment, whether in cash or in kind; or 
 
(f)        be in possession of, or derive any benefit from, any land belonging to a tribe, 
by reason of being or having been a Sardar of the tribe. 
 
4. Saving. Nothing in  this Act shall be deemed to prevent the Government from 
granting to any person such individual service allowance as it may deem fit and requiring 
such person to discharge such duties and perform such functions as Government may from 
time to time direct. 
 
5. Penalty. Whoever contravenes any provision of this Act shall be punishable with 
imprisonment of either description for a term which may extend to three years, or with fine 
which may extend to ten thousand rupees, or with- both. 
 
6. Repeal. The System of Sardari, (Abolition) Ordinance, 1976 (XV of 1976) is 
hereby repealed.