PUNJAB LAWS ACT, 1872
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THE PUNJAB LAWS ACT, 1872 (IV OF 1872)
SCHEDULE I ENACTMENTS DECLARED TO BE IN FORCE SCHEDULE II [Enactments Repealed]
TEXT 1THE PUNJAB LAWS ACT, 1872 (IV of 1872) [4th April, 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 twenty-five of the “2Indian Councils’ Act, 18613;” 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 4territories 5[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 6Statute 33 Vic., c.3, s.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 7[the Punjab] to the extent specified in the third column of the said schedule.
1For 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.”
This Act was published in the Punjab Gazette, dated 4.4.1872, pages 483-494.
2Repealed by the Government of India Act, 1919. 324 & 25 Vict., c.67. 4Repealed in the territories now forming the N.W.F.P. by the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901). 5The original words “now under the administration of the Lieutenant-Governor of the Punjab” were first substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Article 3 & the Schedule; and then amended by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 951); and published in the Gazette of Pakistan (Extraordinary), dated 12.5.1951, pages 340-388, section 4 and Schedule III, to read as above. 6Repealed by the Government of India Act, 1919.
7Substituted for the words “West Punjab” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951); and published in the Gazette of Pakistan (Extraordinary), dated 12.5.1951, pages 340-388, section 4 and Schedule III, which had been substituted for the words “the Punjab” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Article 3 & the Schedule.
[8] Section 4. Enactments repealed
* * * * * * * * *] CIVIL JUDICATURE
[9] 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) 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].
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. 10[* * * *] 11[8, 8A, 8B and 8C. [Regarding descent of Jaghirs.-* * * * * * * *] PRE-EMPTION 12[9 to 20.- * * * * * * * *] DECREES CONCERNING LAND
[13] Section 21. Copy of decrees affecting land to be forwarded to Deputy Commissioner
* * * * *]
8 Repealed by the Second Repealing and Amending Act, 1914 (XVII of 1914); and published in the Gazette of India, Part IV, dated 19.9.1914, section 3 and Schedule II.
9 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.
10 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); and was first published in the Government Gazette (Extraordinary), Punjab dated 3.3.1941, s.13. 11 Ibid. 12 Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act II of 1905), section 2 (1).
INSOLVENCY 14[22 to 32. — * * * * * * * * ]
[15] Section 33. Saving of previous insolvency proceedings
* * * * * * * * * * * * *]. MINORS AND THE COURT OF WARDS 16[34 to 38. — * * * * * * * * * * * * * * * * * * * * * ] CRIMINAL JUDICATURE
Section 39. 17[Pakistan] Penal Code to apply to offences committed previous to 1st January, 1862 — Saving of privileges conferred on certain Chiefs
The provisions of the 18[Pakistan] Penal Code19, 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 20[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 21[Federal] Government], or by the Board of Administration for the affairs of the Punjab, nor any indemnity or pardon granted by competent authority.
[22] Section 39A. Power to establish a system of village-watchmen and municipal watchmen, and to make rules
23[The Provincial Government] may establish a system of village-watchmen or municipal watchmen in any part of the 24[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;
13 Repealed by the Punjab Land Revenue Act, 1887 (XVII of 1887). 14 Repealed by the Provincial Insolvency Act, 1907 (III of 1907). 15 Repealed by the Amending Act, 1891 (XII of 1891). 16 Repealed by the Punjab Court of Wards Act, 1903 (Punjab Act II of 1903) dated 2.6.1903, see section 2 (1) and the Schedule.
17 Substituted for the words “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Article 3 & the Schedule
18 Substituted for the words “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Article 3 & the Schedule 19 XLV of 1860.
20 Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table see Article 3 & the Schedule I.
21 Substituted for the words “Central” by the Punjab Laws (Adaptation) Order, 1974 (Punjab. A.O. 1 of 1974); and published in the Punjab Gazette (Extraordinary) dated 20.11.1974, pages 1425-A to 1425-PP, at entry No.2 of Part I of the Schedule.
22 Sections 39A and 39B were substituted by the Punjab laws (Amendment) Act, 1881 (XXIV of 1881), for the original Sections 39A and 39B which had been inserted by the Punjab Laws Amendment Act, 1875 (XV of 1875).
23 Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & the Schedule I.
24 Substituted for the words “territories under its administration” by the Central laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in the Gazette of Pakistan (Extraordinary) dated 9.6.1960, pages 725-845, 2nd Schedule (with effect from the 14th October, 1955).
(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 25[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 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
(l) the efficient working of the system of village-watchmen or municipal watchmen:
Provided—
25 Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & the Schedule I.
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.
Section 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 26[the Provincial Government].
[27] Section 39C. Power to direct local taxation for payment of police enrolled under Act V of 1861
Whenever it seems to 28[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 29Act V of 1861, 30[the Provincial Government] may direct that the said service shall be so performed, and may also, 31[***] direct that the charges for the time being fixed by such the 32[Provincial 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
Objections to taxation — Procedure thereon.— When 33[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.
26 Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & the Schedule I.
27 Sections 39C to 39G were Inserted by the Punjab laws Amendment Act, 1875 (XV of 1875)
28 Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & the Schedule I.
29 The Police Act, 1861.
30 Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & the Schedule I.
31 The words “subject to the control of the Governor-General in Council” by the Government of India (Adaptation of Indian
Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & the Schedule I.
32 Substituted ibid., for the words “ Local Government”.
33 Substituted ibid., for the words “Government”.
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 34[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 35[the Provincial Government].
Section 39E. Power to fix rates of tax
When any such tax has been so approved by 36[the Provincial Government], the Deputy Commissioner may from time to time, subject to such rules consistent with this Act as 37[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
38[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. 39[Validation clause.— * * * * * * * * * * * * * * ]. HONORARY POLICE OFFICERS
40. 40[Provincial Government] may invest any person with powers of Police Officer. —The 41[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, 42[and may withdraw any power 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
34 Ibid. 35 Ibid. 36 Ibid. 37 Ibid.
38 Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & the Schedule I.
39 Repealed by the Amending Act, 1891 (XII of 1891).
40 Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations.
41 Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations.
42 Inserted by the Punjab Laws (Amendment) Act, 1878 (I of 1878).
person following such tracks may call upon any Headman or Village Watchman in such village to assist in carrying on tracks.
Section 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 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 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 43[Lahore High Court, Lahore].
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 to the said Magistrate seems fit. SLAUGHTER OF KINE
43. 44[Control of Slaughter of Kine and sale of beef.— * * * * * * * * * * * * * * * * *].
ARMED MEN AND FOREIGN VAGRANTS
Section 44. Control of entry into towns of bands of armed men
No band of armed men shall enter into any city or town, except 45[***] subject to rules to be from time to time, either generally or in any particular instance, prescribed by the 46[Provincial Government].
Section 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
43 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 published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Article 3 & the Schedule; and then amended for the words “at Lahore” the words of “West Pakistan” was substituted by the Central Laws (Statute Reform) Ordinance, 1960, (XXI of 1960), and finally substituted for the words “High Court of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974); and published in the Punjab Gazette (Extraordinary) dated 20.11.1974, pages 1425-A to 1425-PP, entry No.2 of Part I of the Schedule. 44 Repealed by the Punjab Ordinance VIII of 1970. 45 The words “with the consent and” repealed by the Punjab Laws (Amendment) Act, 1878 (XII of 1878).
46 Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations.
occasion a breach of the peace or to commit any offence under the 47[Pakistan] Penal Code48, 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.
Section 46. Surveillance, &c., 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 the 49[Provincial Government], and the 50[Provincial Government] may give such directions for the surveillance, control or deportation of such band, as to it seems fit. MISCELLANEOUS
Section 47. Regulation of 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 51[***] subject to rules to be from time to time, either generally or in any particular instance, prescribed by the 52[Provincial Government].
Section 48. of 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 53[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 54[the government concerned].
49. 55[Growing, selling or keeping opium. — * ** * * * * * * * * * * * *].
[56] Section 50. Power to make rules as to matters mentioned in sections 43 to 48
Existing rules.— 57[The Provincial Government] may from time to time make rules as to the matters mentioned in 58[sections 43 to 48] inclusive.
47 Substituted for the words “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Article 3 & the Schedule.
48 XLV of 1860.
49 Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations.
50 Ibid. 51 The words “with the consent and” repealed by the Punjab Laws (Amendment) Act, 1878 (XII of 1878)
52 Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations.
53 The original words “the Government” were first substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, see Article 3 & the Schedule I, 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. 54 The original words “the Local Government” were first Substituted for “the government for whose purposes the land is vested in His Majesty” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, see Article 3 & the Schedule I 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. 55 Repealed by the Opium Act, 1878 (I of 1878), section 2 and Schedule. 56 Sections 50, 50A and 50B were substituted by the Punjab Laws Amendment Act, 1875 (XIV of 1875), for the original section
50.
57 Substituted for the words “the Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations.
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
59[Rules made under this Act shall not be valid unless]:-
(a) they are consistent with the laws for the time being in force in 60[the Punjab];
(b) they are published in the official Gazette; 61[(c) * * * * * * * * * * * ]
Section 50B. Penalties for breach of such rules
62[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].
[63] Section 51. Republication of rules and orders
All rules which the 64[Provincial Government] is empowered to issue under this Act, and all circulars issued by the 65[Lahore High Court, Lahore], shall be republished from time to time by the 66[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].
58 Substituted by the Amending Act, 1891 (XII of 1891), for “sections forty-three to forty-nine”.
59 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, , w.e.f. 1.4.1937, see Article 3 & the Schedule I, 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.
60 Substituted for the words “West Punjab” by the Federal laws (Revision and Declaration) Act, 1951 (XXVI of 1951) dated 10.5.1951, section 4 and Schedule III, which had been substituted for the words “the Punjab” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Article 3 & the Schedule.
61 Cl. (c) of section 50A repealed by the Punjab Codes (Amendment) Act, 1914 (IV of 1914).
62 Substituted for the words “the Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, see Article 4 & Table of General Adaptations, as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937.
63 Substituted by the Punjab Laws (Amendment) Act, 1910 (I of 1910), for the original section 51.
64 Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations.
65 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 published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Article 3 & the Schedule; and then amended for the words “at Lahore” the words of “West Pakistan” was substituted by the Central Laws (Statute Reform) Ordinance, 1960, (XXI of 1960), and finally substituted for the words “High Court of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974); and published in the Punjab Gazette (Extraordinary) dated 20.11.1974, pages 1425-A to 1425-PP, entry No.2 of Part I of the Schedule.
66 Substituted for the words “the Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, see Article 3 & the Schedule I, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[67] Section 52. Recovery of advances made by Government
* * * * * * * * * * * * *].
67 Repealed by the Northern India Takkavi Act, 1879 (X of 1879).
SCHEDULE I
ENACTMENTS DECLARED TO BE IN FORCE Explanation— This schedule does not refer to any Act which is in its terms applicable to 68[the Punjab], or which has been extended to 69[the Punjab] by competent authority.
Number 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. 70[*** *** **]
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 Kutchbaleb, or other similar designation. Sections seven and eight
Reg. V. of 1817. A Regulation for declaring the Rights of Government and of Individuals with respect to bidden Treasure, and for prescribing the Rules to be observed on the Discovery of such Treasure. The whole.
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.
68 Substituted for “West Punjab” by the Federal laws (Revision and Declaration) Act, 1951 (XXVI of 1951), dated 10.5.1951, section 4 and Schedule III, which had been substituted for the words “the Punjab” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Article 3 & the Schedule.
69 Ibid. 70 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).
71[** * * * * **] .. 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.
SCHEDULE II
72 [ENACTMENTS REPEALED]
71 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). 72 Repealed by the Second Repealing and Amending Act, 1914 (XVII of 1914); and published in the Gazette of India, Part IV, dated 19.9.1914, section 3 and Schedule II.
Print contents from the source
CONTENTS 1. Short title 2. Local extent — Commencement 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 provided for 7. Local customs and mercantile usages when valid 8. [Repealed] 8A. [Repealed] 8B. [Repealed] 8C. [Repealed] PRE-EMPTION 9-20. [Repealed] DECREES CONCERNING LAND 21. [Repealed] INSOLVENCY 22-32. [Repealed] 33. [Repealed] MINORS AND THE COURT OF WARDS 30-38. [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 invest any person with 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, &c., of band failing to comply with Magistrate's order MISCELLANEOUS 47. Regulation of crossing of streams on buoys or skins 48. of use of pasturage or natural product of Government land 49. [Repealed] 50. Power to make rules as to matters ment ioned 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]
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THE PUNJAB LAWS ACT, 1872
(IV OF 1872)
CONTENTS
1. Short title
2. Local extent — Commencement
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 provided for
7. Local customs and mercantile usages when valid
8. [Repealed]
8A. [Repealed]
8B. [Repealed]
8C. [Repealed]
PRE-EMPTION
9-20. [Repealed]
DECREES CONCERNING LAND
21. [Repealed]
INSOLVENCY
22-32. [Repealed]
33. [Repealed]
MINORS AND THE COURT OF WARDS
30-38. [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 invest any person with 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, &c., of band failing to comply with Magistrate's order
MISCELLANEOUS
47. Regulation of crossing of streams on buoys or skins
48. of use of pasturage or natural product of Government land
49. [Repealed]
50. Power to make rules as to matters ment ioned 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
[Enactments Repealed]
TEXT
1THE PUNJAB LAWS ACT, 1872
(IV of 1872)
[4th April, 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
twenty-five of the “2Indian Councils ’ Act, 1861 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. — It extends to the 4territories 5[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 6Statute 33 Vic., c.3, s.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
First Schedule hereto annexed are in force in 7[the Punjab] to the extent specified in
the third column of the said schedule.
1For 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.”
This Act was published in the Punjab Gazette, dated 4.4.1872, pages 483-494.
2Repealed by the Government of India Act, 1919.
324 & 25 Vict., c.67.
4Repealed in the territories now forming the N.W.F.P. by the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901).
5The original words “now under the administration of the Lieutenant -Governor of the Punjab” were first substituted by the
Adaptation of C entral Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan, dated
28.3.1949, pages 223-283, see Article 3 & the Schedule; and then amended by the Federal Laws (Revision and Declaration)
Act, 1951 (XXVI of 951) ; and published in the Gazette of Pakistan (Extraordinary) , dated 12.5.1951, pages 340-388, section 4
and Schedule III, to read as above.
6Repealed by the Government of India Act, 1919.
7Substituted for the words “West Punjab” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951) ; and
published in the Gazette of Pakistan (Extraordinary) , dated 12.5.1951, pages 340-388, section 4 and Schedule III, which had
been substituted for the words “the Punjab” by the Adaptation of Central Acts and Ordina nces Order, 1949 (G.G.O. 4 of 1949);
and published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Article 3 & the Schedule.
8[4. Enactments repealed.— * * * * * * * * *]
CIVIL JUDICATURE
9[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) any custom applicable to the parties concerned, which is not contrary
to justice, equity or good conscienc e, 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 H indus, 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.
10[*** *]
11[8, 8A, 8B and 8C. [Regarding descent of Jaghirs.-* * * * * * * *]
PRE-EMPTION
12[9 to 20.- * * * * * * * *]
DECREES CONCERNING LAND
13[21. Copy of decrees affecting land to be forwarded to Deputy Commissioner. — * *
* * *]
8 Repealed by the Second Repealing and Amending Act, 1914 (XVII of 1914) ; and published in the Gazette of India , Part IV,
dated 19.9.1914, section 3 and Schedule II.
9 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.
10 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 A ct, 1941 (Punjab Act V of 1941); and was first published in the Government Gazette (Extraordinary),
Punjab dated 3.3.1941, s.13.
11 Ibid.
12 Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act II of 1905), section 2 (1).
INSOLVENCY
14[22 to 32. — * * * * * * * * ]
15[33. Saving of previous insolvency proceedings. — * * * * * * * * * * * * *].
MINORS AND THE COURT OF WARDS
16[34 to 38. — * * * * * * * * * * * * * * * * * * * * * ]
CRIMINAL JUDICATURE
39. 17[Pakistan] Penal Code to apply to offences committed previous to 1st
January, 1862 — Saving of privileges conferred on certain Chiefs. — The
provisions of the 18[Pakistan] Penal Code 19, 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 20[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 21[Federal] Government], or by the
Board of Administration for the affairs of the Punjab, nor any indemnity or pardon
granted by competent authority.
22[39A. Power to establish a system of village -watchmen and municipal
watchmen, and to make rules.— 23[The Provincial Government] may establish a system
of village-watchmen or municipal watchmen in any part of the 24[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;
13 Repealed by the Punjab Land Revenue Act, 1887 (XVII of 1887).
14 Repealed by the Provincial Insolvency Act, 1907 (III of 1907).
15 Repealed by the Amending Act, 1891 (XII of 1891).
16 Repealed by the Punjab Court of Wards Act, 1903 (Punjab Act II of 1903) dated 2.6.1903 , see section 2 (1) and the
Schedule.
17 Substituted for the words “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and
published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Article 3 & the Schedule
18 Substituted for the words “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and
published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Article 3 & the Schedule
19 XLV of 1860.
20 Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published
in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table see Article 3 & the Schedule I.
21 Substituted for the words “Central” by the Punjab Laws (Adaptation) Order, 1974 (Punjab. A.O. 1 of 1974); and published in
the Punjab Gazette (Extraordinary) dated 20.11.1974, pages 1425-A to 1425-PP, at entry No.2 of Part I of the Schedule.
22 Sections 39A and 39B were substituted by the Punjab laws (Amendment) Act, 1881 (XXIV of 1881), for the original Sections
39A and 39B which had been inserted by the Punjab Laws Amendment Act, 1875 (XV of 1875).
23 Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published
in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & the Schedule I.
24 Substituted for the words “territories under its administration” by the Central laws (Statute Reform) Ordinance, 1960 (XXI of
1960); and published in the Gazette of Pakistan (Extraordinary) dated 9.6.1960, pages 725 -845, 2nd Schedule (with effect from
the 14th October, 1955).
(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 25[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 th e 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 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
(l) the efficient working of the system of village -watchmen or municipal
watchmen:
Provided—
25 Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published
in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & the Schedule I.
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 t he 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 watchma n 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 26[the Provincial Government].
27[39C. Power to direct local taxation for payment of police enrolled under Act V
of 1861. — Whenever it seems to 28[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 29Act V of 1861, 30[the Provincial Government] may
direct that the said service shall be so performed, and may also, 31[***] direct that the
charges for the time being fixed by such the 32[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 33[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.
26 Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published
in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & the Schedule I.
27 Sections 39C to 39G were Inserted by the Punjab laws Amendment Act, 1875 (XV of 1875)
28 Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published
in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & the Schedule I.
29 The Police Act, 1861.
30 Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published
in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & the Schedule I.
31 The words “ subject to the control of the Governor -General in Council ” by the Government of India (Adaptation of Indian
Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & the
Schedule I.
32 Substituted ibid., for the words “ Local Government”.
33 Substituted ibid., for the words “Government”.
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 34[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
35[the Provincial Government].
39E. Power to fix rates of tax. — When any such tax has been so approved by
36[the Provincial Government], the Deputy Comm issioner may from time to time,
subject to such rules consistent with this Act as 37[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. — 38[The Provin cial
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. 39[Validation clause.— * * * * * * * * * * * * * * ].
HONORARY POLICE OFFICERS
40. 40[Provincial Government] may invest any person with powers of Police
Officer. —The 41[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, 42[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 commi tted, 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
34 Ibid.
35 Ibid.
36 Ibid.
37 Ibid.
38 Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published
in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & the Schedule I.
39 Repealed by the Amending Act, 1891 (XII of 1891).
40 Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations.
41 Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations.
42 Inserted by the Punjab Laws (Amendment) Act, 1878 (I of 1878).
person following such tracks may call upon any Headman or Village Watchman in
such village to assist 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.— 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 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 43[Lahore
High Court, Lahore].
The Magistrate may direct that the fine imposed under this section, or any part
thereof shall be awarded to any persons inju red 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 to the said Magistrate seems fit.
SLAUGHTER OF KINE
43. 44[Control of Slaughter of Kine and sale of beef.— * * * * * * * * * * * * * * * * *].
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 45[***] subject to rules to be from time to
time, either generally or in any particular instance, prescribed by the 46[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
43 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 published in the Gazette of Pakistan, dated 28.3.1949, pages 223 -283, see Article 3 & the Schedule ;
and then amended for the words “at Lahore” the words of “West Pakistan” was s ubstituted by the Central Laws (Statute
Reform) Ordinance, 1960, (XXI of 1960), and finally substituted for the words “High Court of West Pakistan” by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974); and published in the Punjab Gazette (Extr aordinary) dated 20.11.1974,
pages 1425-A to 1425-PP, entry No.2 of Part I of the Schedule.
44 Repealed by the Punjab Ordinance VIII of 1970.
45 The words “with the consent and” repealed by the Punjab Laws (Amendment) Act, 1878 (XII of 1878).
46 Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations.
occasion a breach of the peace or to commit any offence under the 47[Pakistan]
Penal Code48, prohibit such band from enteri ng his district, or, if they are already in
his district, may require them within a given time to leave it.
46. Surveillance, &c., of band failing to comply with Magistrate's order. — If
any such band fail to comply with the orders of the said Magistrate w ithin the
prescribed period, he shall report the matter to the 49[Provincial Government], and
the 50[Provincial Government] may give such directions for the surveillance, control
or deportation of such band, as to it seems fit.
MISCELLANEOUS
47. Regulation of 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 51[***] subject to rules to be from time to time , either generally or in
any particular instance, prescribed by the 52[Provincial Government].
48. of use of pasturage or natural product of Government land. — No person
shall make use of the pasturage or other natural pro duct of any land being the
property of 53[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 54[the
government concerned].
49. 55[Growing, selling or keeping opium. — * ** * * * * * * * * * * * *].
56[50. Power to make rules as to matters mentioned in sections 43 to 48 —
Existing rules. — 57[The Provincial Government] may from time to time make rules
as to the matters mentioned in 58[sections 43 to 48] inclusive.
47 Substituted for the wo rds “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and
published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Article 3 & the Schedule.
48 XLV of 1860.
49 Substituted for the words “Local Governme nt” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations.
50 Ibid.
51 The words “with the consent and” repealed by the Punjab Laws (Amendment) Act, 1878 (XII of 1878)
52 Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations.
53 The original words “the Government” were first substituted by the Government of India (Adaptation of Indian Laws) Order,
1937, w.e.f. 1.4.1937, see Article 3 & the Schedule I, as amended by the Government of In dia (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.
54 The original words “the Local Government” were first Substituted for “the government for whose purposes the land is vested
in His Majesty” by the Government of India (Adaptation of Indian Laws) Order, 1937 , w.e.f. 1.4.1937, see Article 3 & the
Schedule I as amended by the Government of India (Adaptation of Ind ian 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.
55 Repealed by the Opium Act, 1878 (I of 1878), section 2 and Schedule.
56 Sections 50, 50A and 50B were substituted by the Punjab Laws Amendment Act, 1875 (XIV of 1875), for the original section
50.
57 Substituted for the words “the Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations.
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. — 59[Rules
made under this Act shall not be valid unless]:-
(a) they are consistent with the laws for the time being in force in 60[the
Punjab];
(b) they are published in the official Gazette;
61[(c) * * * * * * * * * * * ]
50B. Penalties for breach of such rules. — 62[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].
63[51. Republication of rules and orders. — All rules which the 64[Provincial
Government] is empowered to issue under this Act, and all circulars issued by the
65[Lahore High Court, Lahore], shall be republished from time to time by the 66[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 a dvisable,
shall be embodied therewith, and upon such republication all such rules and circulars
previously issued shall be repealed].
58 Substituted by the Amending Act, 1891 (XII of 1891), for “sections forty-three to forty-nine”.
59 Substituted by the Government of India (Adapt ation of Indian Laws) Order, 1937, , w.e.f. 1.4.1937, see Article 3 & the
Schedule I, 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 conferr ed 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.
60 Substituted for the words “West Punjab” by the Federal laws (Revision and Declaration) Act, 1951 (XXVI of 1951) dated
10.5.1951, section 4 and Schedule III, which had been substituted for the words “the Punjab” by the Adaptation of Central Acts
and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and published in the Gazette of Pakistan, dated 28.3.1949, pages 223 -283,
see Article 3 & the Schedule.
61 Cl. (c) of section 50A repealed by the Punjab Codes (Amendment) Act, 1914 (IV of 1914).
62 Substituted for the words “the Loc al Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ,
w.e.f. 1.4.1937, see Article 4 & Table of General Adaptations , as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937.
63 Substituted by the Punjab Laws (Amendment) Act, 1910 (I of 1910), for the original section 51.
64 Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations.
65 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 published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Article 3 & the Schedule;
and then amended for the words “at Lahore” the words of “West Pakistan” was substituted by the Central Laws (Statute
Reform) Ordinance, 1960, (XXI of 1960), and finally substituted for the words “Hig h Court of West Pakistan” by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974); and published in the Punjab Gazette (Extraordinary) dated 20.11.1974,
pages 1425-A to 1425-PP, entry No.2 of Part I of the Schedule.
66 Substituted for the words “ the Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ,
w.e.f. 1.4.1937, see Article 3 & the Schedule I , as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
67[52. Recovery of advances made by Government.— * * * * * * * * * * * * *].
67 Repealed by the Northern India Takkavi Act, 1879 (X of 1879).
SCHEDULE I
ENACTMENTS DECLARED TO BE IN FORCE
Explanation— This schedule does not refer to any Act which is in its terms
applicable to 68[the Punjab], or which has been extended to 69[the Punjab] by
competent authority.
Number
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.
70[*** *** **]
Reg.
XVII. of
1806.
A Regulation f or 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 Kutchbaleb, or
other similar designation.
Sections seven and eight
Reg. V.
of 1817.
A Regulation for declaring the Rights
of Government and of Individuals with
respect to bidden Treas ure, and for
prescribing the Rules to be observed
on the Discovery of such Treasure.
The whole.
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 dete rmining
Claims to Lands gained by alluvion ,
or by dereliction of a river or the
sea.
The whole.
68 Substituted for “West Punjab” by the Federal laws (Revision and Declaration) Act, 1951 (XXVI of 1951) , dated 10.5.1951,
section 4 and Schedule III , which had been substituted for the words “the Punjab” by the Adap tation of Central Acts and
Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and published in the Gazette of Pakistan, dated 28.3.1949, pages 223 -283, see
Article 3 & the Schedule.
69 Ibid.
70 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).
71[** * * * * **]
.. Rules for the conservancy of
Forests and Jungles in the Hill
Districts of the Punjab Territories
sanctioned by the Governor-General
in Cou ncil in letter of the Secretary
to the Government of India, No.
1789, 21st May, 1855.
The whole.
SCHEDULE II
72 [ENACTMENTS REPEALED]
71 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).
72 Repealed by the Second Repealing and Am ending Act, 1914 (XVII of 1914); and published in the Gazette of India, Part IV,
dated 19.9.1914, section 3 and Schedule II.This law in the library
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ded by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 951) ; and published in the Gazette of Pakistan (Extraordinary) , dated 12.5.1951, pages 340-388, section 4 and Schedule III, to read as above. 6Repealed by the Government of India Act, 1919. 7Substituted for the words “West Punjab” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951) ; and published in the
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” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951) ; and published in the Gazette of Pakistan (Extraordinary) , dated 12.5.1951, pages 340-388, section 4 and Schedule III, which had been substituted for the words “the Punjab” by the Adaptation of Central Acts and Ordina nces Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan, dated 28.3.1949, pages 223-2
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8 Repealed by the Second Repealing and Amending Act, 1914 (XVII of 1914) ; and published in the Gazette of India , Part IV, dated 19.9.1914, section 3 and Schedule II. 9 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
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in the Gazette of India , Part IV, dated 19.9.1914, section 3 and Schedule II. 9 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. 10 The heading “Descent of Ja
Section 6
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f 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. 10 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, togethe
Section 8
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ing “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 A ct, 1941 (Punjab Act V of 1941); and was first published in the Government Gazette (Extraordinary), Punjab dated 3.3.1941, s.13. 11 Ibid.
Section 2(1)
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published in the Government Gazette (Extraordinary), Punjab dated 3.3.1941, s.13. 11 Ibid. 12 Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act II of 1905), section 2 (1). INSOLVENCY 14[22 to 32. — * * * * * * * * ] 15[33. Saving of previous insolvency proceedings. — * * * * * * * * * * * * *]. MINORS AND THE COURT OF WARDS 16[34 to 38. — * * * * * * * * * * * * * * * * * * * * * ]
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(III of 1907). 15 Repealed by the Amending Act, 1891 (XII of 1891). 16 Repealed by the Punjab Court of Wards Act, 1903 (Punjab Act II of 1903) dated 2.6.1903 , see section 2 (1) and the Schedule. 17 Substituted for the words “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and published in the Gazette of Pakistan, dated 28.3.1949, pages 223-283, see Artic
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ce 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 29Act V of 1861, 30[the Provincial Government] may direct that the said service shall be so performed, and may also, 31[***] direct that the charges for the time being f
Section 39C
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vied in such town or village. 39D. Notice of taxes proposed to be levied — Objections to taxation — Procedure thereon.— When 33[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.
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he Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), (with effect from the 23rd March, 1956), to read as above. 55 Repealed by the Opium Act, 1878 (I of 1878), section 2 and Schedule. 56 Sections 50, 50A and 50B were substituted by the Punjab Laws Amendment Act, 1875 (XIV of 1875), for the original section 50. 57 Substituted for the words “the Local Government” by the Government of India (A
Section 50
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pium Act, 1878 (I of 1878), section 2 and Schedule. 56 Sections 50, 50A and 50B were substituted by the Punjab Laws Amendment Act, 1875 (XIV of 1875), for the original section 50. 57 Substituted for the words “the Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Ta
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“ No” and “valid”, respectively. 60 Substituted for the words “West Punjab” by the Federal laws (Revision and Declaration) Act, 1951 (XXVI of 1951) dated 10.5.1951, section 4 and Schedule III, which had been substituted for the words “the Punjab” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and published in the Gazette of Pakistan, dated 28.3.1949, pages 223 -283
Section 50A
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nd Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and published in the Gazette of Pakistan, dated 28.3.1949, pages 223 -283, see Article 3 & the Schedule. 61 Cl. (c) of section 50A repealed by the Punjab Codes (Amendment) Act, 1914 (IV of 1914). 62 Substituted for the words “the Loc al Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , w.e.f. 1.4.1937, see Article 4 & Table
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the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937. 63 Substituted by the Punjab Laws (Amendment) Act, 1910 (I of 1910), for the original section 51. 64 Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table
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68 Substituted for “West Punjab” by the Federal laws (Revision and Declaration) Act, 1951 (XXVI of 1951) , dated 10.5.1951, section 4 and Schedule III , which had been substituted for the words “the Punjab” by the Adap tation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and published in the Gazette of Pakistan, dated 28.3.1949, pages 223 -
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Act, 1922 (IV of 1922). 72 Repealed by the Second Repealing and Am ending Act, 1914 (XVII of 1914); and published in the Gazette of India, Part IV, dated 19.9.1914, section 3 and Schedule II.
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- 193c7167f50e2888c2eeebe2e55b1af0c5158b336b683624a94c8368e926cfed
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- PUNJAB LAWS ACT, 1872
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