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  "title": "PRISONERS ACT, 1900",
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  "text": "``  \r\nPrisoners \r\n1900:  Act III \r\nCONTENTS \r\nPART I \r\nPreliminary \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nPART II \r\nGeneral \r\n3. Officers in charge of prisons to detain persons duly committed to their custody \r\n4. Officers in charge of prisons to return writs, etc., after execution or discharge \r\nPART III \r\nOmitted \r\nPART IV \r\nExecution of Sentences \r\n 14. References in this Part to prisons, etc., to be construed as referring also to \r\nReformatory Schools \r\n 15. Power for officers in charge of prisons to give effect to sentences of certain \r\nCourts \r\n 16. Warrant of officer of such Court to be sufficient authority \r\n 17. Procedure where officer in charge of prison doubts the legality of warrant sent \r\nto him for execution under this Part \r\n 18. Execution in the Provinces  of certain capital sentences not ordinarily \r\nexecutable there \r\nPART V \r\nOmitted \r\nPART VI \r\nRemoval of Prisoners \r\n 28. References in this Part to prisons, etc., to be construed as referring  also to \r\nReformatory Schools \r\n 29. Removal of prisoners \r\n 30. Lunatic prisoners how to be dealt with \r\n 31. Repealed \r\nPART VII  \r\nPersons under Sentence of Transportation \r\n 32. Appointment of places for confinement of persons under sentence of \r\ntransportation and removal thereto \r\nPART VIII  \r\nDischarge of Prisoners \r\n 33. Release, on recognizance, by order of H igh Court, of prisoner recommended \r\nfor pardon \r\n(III of 1900) \r\nTHE PRISONERS ACT, 1900 \r\nPART IX \r\nProvisions for requiring the attendance \r\nof Prisoners and obtaining their evidence \r\nAttendance of Prisoners in Court \r\n 34. References in this Part to prisons, etc., to be construed as referring also to \r\nReformatory Schools \r\n 35. Power for Civil Courts to require appearance of prisoner to give evidence \r\n 36. District Judge in certain cases to countersign orders made under section 35 \r\n 37. Power for certain Criminal Courts to require attendance of prisoner to give \r\nevidence or answer to charge \r\n 38. Order to be transmitted through Magistrate of the district or sub -division in \r\nwhich person is confined \r\n 39. Procedure where removal is desired of person confined more than one \r\nhundred miles from place where evidence is required \r\n 40. Persons confined beyond limits of appellate jurisdiction of High Court \r\n 41. Prisoner to be brought up \r\n 42. Power to Government to exempt certain prisoners from operation of this Part \r\n 43. Officer in charge of prison when to abstain from carrying out orders \r\nCommissions for examination of Prisoners \r\n 44. Commissions for examination of prisoners \r\n 45. Commissions for examination of prisoners beyond limits of appellate \r\njurisdiction of High Court \r\n 46. Commission how to be directed \r\nService of Process on Prisoners \r\n 47. Process how served on prisoners \r\n 48. Process served to be transmitted at prisoner's request \r\nMiscellaneous \r\n 49. Omitted \r\n 50. Deposit of costs \r\n 51. Power to make rules under this Part \r\n 52. Power to declare who shall be deemed officer in charge of prison \r\n 53. Repealed \r\nTHE FIRST SCHEDULE \r\nTHE SECOND SCHEDULE \r\nTHE THIRD SCHEDULE – [Repealed] \r\n \r\nTEXT \r\n1\r\nTHE PRISONERS ACT, 1900 \r\n(III of 1900) \r\n[15 February 1900] \r\nAn \r\nAct \r\nto consolidate the law relating to Prisoners confined by order of a Court. \r\nWHEREAS it is expedient to consolidate the law relating to prisoners confined by \r\norder of a Court; \r\nIt is hereby enacted as follows:– \r\nPART I \r\nPreliminary \r\n1.  Short title, extent and commencement .– (1) This Act may be called the Prisoners \r\nAct, 1900.  \r\n   \r\n2\r\n[(2) It extends to the whole of Pakistan.] \r\n3\r\n[(3) *  *  *  *  *  *  *  *  *  *  *  * * * * * * *] \r\n2.  Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n(a) “Court” includes a Coroner and any officer lawfully exercising civil, criminal or \r\nrevenue jurisdiction; and \r\n(b) “prison” includes any place which has been declared by the \r\n4\r\n[Provincial \r\nGovernment], by general or special order, to be a subsidiary jail. \r\nPART II \r\nGeneral \r\n3.  Officers  in charge of prisons to detain persons duly committed to their \r\ncustody.– The officer in charge of a prison shall receive and detain all persons duly \r\ncommitted to his custody, under this Act or otherwise, by any Court, according to the \r\n                                                \r\n1This Act was published in the Gazette of India, Part IV, dated: 15 February 1900, pp. 5 -14. For Statement of Objects and \r\nReasons, see Gazette of India, 1899, Part V, p. 101; for report of the Select Committee, see ibid., 1900, p. 23; for proceedings \r\nin Council, see ibid., 1899, Part VI, pp. 102 and 242; ibid., 1900, p. 21. \r\n2Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June \r\n1960; and, was published in th e Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the \r\nSecond Schedule: it came into force on 14 October 1955.  Certain words were substituted  by the Federal Laws (Revision and \r\nDeclaration) Act, 1951 (XXVI of 1951), publi shed in the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340 -388, \r\ns. 4 read with the Third Schedule. It was earlier substituted  by the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith the Schedule. \r\n3Repealed by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India, dated: 21 March 1914, pp. \r\n47-59, s. 3 read with Second Schedule. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\nexigency of any writ, warrant, or order by which such person has been committed, or until \r\nsuch person is discharged or removed in due course of law. \r\n4.  Officers in charge of prisons to return writs, etc., after execution or discharge.– \r\nThe officer in charge of a prison shall forthwith,  after the execution of every such writ, order \r\nor warrant as aforesaid other than a warrant of commitment for trial, or after the discharge of \r\nthe person committed thereby, return such writ, order or warrant to the Court by which the \r\nsame was issued or mad e, together with a certificate, endorsed thereon and signed by him, \r\nshowing how the same has been executed, or why the person committed thereby has been \r\ndischarged from custody before the execution thereof. \r\n1\r\n[PART III \r\nPrisoners in the Presidency-towns. * * * * * * *] \r\nPART IV \r\n2\r\n[Execution of Sentences] \r\n14.  References in this Part to prisons, etc., to be construed as referring also to \r\nReformatory Schools .– In this Part all references to prisons or to imprisonment or \r\nconfinement shall be construed as referring also to Reformatory Schools or to detention \r\ntherein. \r\n15.  Power for officers in charge of prisons to give effect to sentences of certain \r\nCourts.– (1) Officers in charge of prisons \r\n3\r\n[* * *] may give effect to any sentence or order or \r\nwarrant for the detention of any person passed or issued– \r\n(a) by any Court or tribunal acting, whether within or without \r\n4\r\n[the Provinces \r\n5\r\n[* * * * \r\n* *] ], under the general or special authority of \r\n6\r\n[ \r\n7\r\n[the \r\n8\r\n[Federal] Government], or \r\nof any Provincial Government, or of the Government of Burma] \r\n9\r\n[or of any Court \r\nor tribunal which was before the twenty-third day of March, 1956, acting under \r\nthe general or special authority of He r Majesty, or of the Crown \r\nRepresentative], or \r\n                                                \r\n1Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n2Substituted ibid., for the heading “PRISONERS OUTSIDE THE PRESIDENCY-TOWNS”. \r\n3The words “outside the Presidency-towns” were omitted ibid. \r\n4Substituted ibid., for the words “British India”, Article 3(2) read with Article 4. \r\n5The expression “and the Federal Territory of Karachi” was omitted by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 \r\nof 1964); made by the President on 27 May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May \r\n1964, pp. 251c-251aap, Article 2 read with the Schedule.  The words “Federal Territory of Karachi” were earlier substituted for \r\nthe words “Capital of the Federation” by the Repealing and Amending Ordinance, 1961 (I of 1961), published in the Gazette of \r\nPakistan (Extraordinary), dated: 24 January 1961, pp. 71-101, s. 3 read with the Second Schedule.  \r\n6Substituted for the expression  “Her Majesty, or of the Central Government , or of the Crown representative,”  by the Central \r\nLaws (Adaption) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of \r\nthe State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: \r\n24 January 1961, pp. 102-163, Article 2 read with the Schedule: it came into force on 23 March 1956.  \r\n7Substituted for the expression “of the Governor General in Council, or of any Local Government”  by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 3 read with the First Schedule. \r\n8Substituted for the word “Central ” by the Punjab Laws (Adaptation) Order, 1974 (P b. O. No. 1 of 1974), published in the \r\nPunjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425 -A to 1425 -PP, Article 2 read with the  Schedule: it came \r\ninto force on 14 August 1973. \r\n9Inserted by the Central Laws (Adaption) Order, 1961 (P.  O. No. 1 of 1961); made by the Minister exercising the functions of \r\nPresident under Article 2 of the State Arrangements Order, 1959 on 21 January 1961 ; and, was published in the Gazette of \r\nPakistan (Extraordinary), dated: 24 January 1961, pp. 102-163, Article 2 read with the Schedule: it came into force on 23 March \r\n1956.  \r\n(b) by any Court or tribunal in \r\n1\r\n[any \r\n2\r\n[Acceding State] ]– \r\n(i) if the presiding Judge, or if the Court or tribunal consists of two or \r\nmore Judges, at least one of the Judges, is an officer of the \r\n3\r\n[Government] authorized to sit as such Judge \r\n4\r\n[by the State or the \r\nRuler thereof] or by \r\n5\r\n[the \r\n6\r\n[Federal] Government or the Crown \r\nRepresentative], and \r\n(ii) if the reception, detention or imprisonment \r\n7\r\n[* * * *] in any province \r\n8\r\n[* * *] \r\nof persons sentenced by any such Court, or tribunal has been \r\nauthorized by general or special order by  \r\n9\r\n[* * * * * *] the \r\n10\r\n[Provincial \r\nGovernment], \r\n11\r\n[* * * * *], or \r\n(c) by any other Court or tribunal  \r\n12\r\n[in any \r\n13\r\n[Acceding State] ], with the previous \r\nsanction \r\n14\r\n[* * * * * * *] of the \r\n15\r\n[Provincial Government] in the case of each such \r\nsentence, order or warrant. \r\n16\r\n[Provided that effect shall not be given to any sentence or order or warrant \r\nfor detention passed or issued by any Court or tribunal in Burma without the \r\nprevious sanction of the Provincial Government concerned.] \r\n(2)  Where a Court or tribunal of such a \r\n17\r\n[Ruler] or State has passed a sentence \r\nwhich cannot be executed without the concurrence of an officer of the \r\n1\r\n[Government], and \r\n                                                \r\n1Substituted for the expression “the territories of any Native Prince, or State in India” by the Government of India (Adaptation of \r\nIndian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with \r\nthe First Schedule. \r\n2Substituted for the words “Indian State” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), published in \r\nthe Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 4 read with the Third Schedule. \r\n3Substituted for the words “Crown” by the Central Laws (Adaption) Order, 19 61 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956.  It was earlier substituted for the words “British Government” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), da ted: 1 April 1937, pp. 75 -344, \r\nArticle 3 read with the First Schedule. \r\n4Ibid., for the words “by the Native Prince or State”. \r\n5Substituted for the words “the Governor -General in Council” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n6Substituted for the word “Central ”  by the Punjab Laws (Adaptation) Order, 1974 (P b. O. No. 1 of 1974), published in the \r\nPunjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425 -A to 1425 -PP, Article 2 read with the Schedule: it came \r\ninto force on 14 August 1973. \r\n7The words “in British India or” were omitted  by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n8The words “of British India” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of \r\n1949), pub lished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the \r\nSchedule. \r\n9The words “the Governor-General in Council or” were omitted by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n10Substituted ibid., for the words “Local Government”, Article 4 read with the Table of General Adaptations. \r\n11The words “as the case may be” were omitted ibid., Article 3 read with the First Schedule. \r\n12Substituted ibid., for the words “in the territories of any Native Prince or State in India”.  \r\n13Substituted for the words “Indian State” by the Federal Laws (Revision and Declaration) Act , 1951 (XXVI of 1951), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 4 read with the Third Schedule. \r\n14The words “of the Governor General in Council or” were omitted by the Government of India (Adaptation of India n Laws) \r\nOrder, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the First \r\nSchedule. \r\n15Substituted ibid., for the words “Local Government”, Article 4 read with the Table of General Adaptations. \r\n16Inserted ibid., Article 3 read with the First Schedule. \r\n17Substituted ibid., for the words “Native Prince”. \r\nsuch sentence has been considered on the merits and c onfirmed by any such officer \r\nspecially authorised in that behalf, such sentence, and any order or warrant issued in \r\npursuance thereof, shall be deemed to be the sentence, order or warrant of a Court or \r\ntribunal acting under the authority of \r\n2\r\n[the \r\n3\r\n[Federal] Government or the Crown \r\nRepresentative]. \r\n16.  Warrant of officer of such Court to be sufficient authority .– A warrant under the \r\nofficial signature of an officer of such Court or tribunal as is referred to in section 15 shall be \r\nsufficient authority for ho lding any person in confinement, or for sending any person for \r\ntransportation, in pursuance of the sentence passed upon him. \r\n17.  Procedure where officer in charge of prison doubts the legality of warrant sent \r\nto him for execution under this Part .– (1) Where an officer in charge of a prison doubts \r\nthe legality of a warrant or order sent to him for execution under this Part, or the competency \r\nof the person whose official seal or signature is affixed thereto to pass the sentence and \r\nissue the warrant or order,  he shall refer the matter to the \r\n4\r\n[Provincial Government], by \r\nwhose order on the case he and all other public officers shall be guided as to the future \r\ndisposal of the prisoner. \r\n(2)  Pending a reference made under sub -section (1), the prisoner shall be \r\ndetained in such manner and with such restrictions or mitigations as may be specified in the \r\nwarrant or order. \r\n18.  Execution in \r\n5\r\n[the Provinces ] of certain capital sentences not ordinarily \r\nexecutable there .– (1) Where a \r\n6\r\n[Court established by the authority of the \r\n7\r\n[Federal] \r\nGovernment] exercising, in or with respect to territory beyond the limits of \r\n8\r\n[the Provinces \r\n9\r\n[* * * \r\n* * *]], jurisdiction which \r\n10\r\n[the \r\n11\r\n[Government] ] has in such territory,– \r\n                                                                                                                                                  \r\n1Substituted for the word “Crown”  by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary ), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956.  It was earlier substituted for the words “British Government” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937, published in th e Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 3 read with the First Schedule. \r\n2Substituted for the words “the Governor -General in Council” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n3Substituted f or the word “Central ” by the Punjab Laws (Adaptation) Order, 1974 (P b. O. No. 1 of 1974), published in the \r\nPunjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425 -A to 1425 -PP, Article 2 read with the Schedule: it came \r\ninto force on 14 August 1973. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n5Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3(2) read with Article 4. \r\n6Ibid., for the words “British Court”, Article 3 read with the Schedule. \r\n7Substituted for the w ord “Central ” by the Punjab Laws (Adaptation) O rder, 1974 (P b. O. No. 1 of 1974), published in the \r\nPunjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425 -A to 1425 -PP, Article 2 read with the Schedule: it came \r\ninto force on 14 August 1973. \r\n8Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3(2) read with Article 4. \r\n9The expression “and the Federal Territory of Karachi” was omitted by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 \r\nof 1964); made by the President on 27 May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May \r\n1964, pp. 251c-251aap, Article 2 read with the Schedule.   The words “Federal Territory of Karachi” were earlier substituted for \r\nthe words “Capital of the Federation” by the Repealing and Amending Ordinance, 1961 (I of 1961), published in the Gazette of \r\nPakistan (Extraordinary), dated: 24 January 1961, pp. 71-101, s. 3 read with the Second Schedule. \r\n10Substituted for the words “the Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n11Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 Januar y 1961; and, was \r\n(a)  has sentenced any person to death, and,  \r\n(b) being of opinion that such sentence should, by reason of there being in such \r\nterritory no secure place for the confinement of such person or no suitable \r\nappliances for his execution in a decent and humane manner, be executed in \r\n1\r\n[the Provinces \r\n2\r\n[* * *] ], has issued its warrant for the execution of such sentence \r\nto the officer in charge of a prison in \r\n3\r\n[the Provinces \r\n4\r\n[* * *] ],  \r\nsuch officer shall, on receipt of the warrant, cause the execution to be carried out at \r\nsuch place as may be prescribed therein in the same manner and subject to the same \r\nconditions in all respects as if it were a warrant duly issued under the provisions of se ction \r\n381 of the Code of Criminal Procedure, 1898\r\n5\r\n. \r\n(2)  The prisons of which the officers in  charge are to execute sentences under \r\nany such warrants as aforesaid \r\n6\r\n[shall in each Province be such as the Provincial \r\nGovernment] may, by general or special order, direct. \r\n(3)  A Court shall be \r\n7\r\n[deemed, for the purposes of this section, to be a Court \r\nestablished by the \r\n8\r\n[Federal] Government ] if the presiding Judge, or if  the  Court  consists  of  \r\ntwo  or more Judges, at least one of the Judges, is  an  officer  of   the \r\n9\r\n[Government]  authorized   \r\nto  act   as  such  Judge  \r\n10\r\n[by any \r\n11\r\n[Acceding State] ] or the Ruler thereof or the \r\n1\r\n[Federal] Government \r\n2\r\n[* * * *] ]: \r\n                                                                                                                                                  \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. \r\n1Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp.223-283, Article 3(2) read with Article 4. \r\n2The words “and the Federal Territory of Karachi” were omitted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), \r\npublished in the Gazette of Pakistan (Extraordina ry), dated: 28 May 1964, pp. 251c to 251 aap, Article 2 and Schedule. The \r\nwords “Federal Territory of Karachi” were earlier substituted for the words “Capital of th e Federation” by the Repealing and \r\nAmending Ordinance, 1961 (I of 1961), published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 71 -\r\n101, s. 3 read with the Second Schedule. \r\n3Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3(2) read with Article 4. \r\n4The words and brackets “and the Federal Territory of Karachi”  were omitted by the Central Adaptation of Laws Order, 1964 \r\n(P.O. 1 of 1964), published in the Gazette of Pakistan (Extraordinary), dated 28 May 1964, pp.251 c to 251 aap, Article 2 rea d \r\nwith the Schedule. The words in crotchets were substituted for the wo rds “Capital of the Federation” by the Repealing and \r\nAmending Ordinance, 1961 (I of 1961), published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 71 -\r\n101, s. 3 read with the Second Schedule. \r\n5V of 1898. \r\n6Substituted for the words  “shall be such as the Governor -General in Council or a Local Government authori sed by the \r\nGovernor General in Council in this behalf” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n7Substituted for the words “deemed to be a British Court for the purposes of this section”  by the Adaptation of Central Acts and \r\nOrdinances Order, 1949 (G.G.O. No. 4 of 1949), publishe d in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, \r\npp. 223-283, Article 3 read with the Schedule. \r\n8Substituted for the word “Central ” by the Punjab Laws  (Adaptation) Order, 1974 (P b. O. No. 1 of 1974), published in the \r\nPunjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425-A to 1425-PP, Article 2 read with the Schedule. \r\n9Substituted for the word “Crown” by the Central  Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); \r\nmade by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 \r\nJanuary 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 \r\nread with the Schedule: it came into force on 23 March 1956.  It was earlier substituted for the words “British Government” by the \r\nGovernment of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 Apri l \r\n1937, pp. 75-344, Article 3 read with the First Schedule. \r\n10Substituted for the words “by any Native Prince or State in India or by the Governor-General in Council”  by the Government of \r\nIndia (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 3 read with the First Schedule. \r\n11Substituted for the words “Indian State” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 4 read with the Third Schedule. \r\n  Provided that every warrant issued under this sub -section by any such tribunal shall, \r\nif the tribunal consists of more than one Judge, be signed by a Judge who is an officer of the \r\n3\r\n[Government] authorized as aforesaid. \r\n4\r\n[PART V \r\nPersons under Sentence of Penal Servitude] \r\nPART VI \r\nRemoval of Prisoners \r\n28.  References in this Part to prisons, etc., to be construed as referring also to \r\nReformatory Schools .– In this Part, all references to prisons or to imprisonment or \r\nconfinement shall be construed as referring  also to Reformatory Schools or to detention \r\ntherein. \r\n  \r\n5\r\n[29. Removal  of prisoners .– (1) The \r\n6\r\n[Provincial Government]  may, by  general or \r\nspecial order, provide for the removal of any prisoner confined in a prison– \r\n(a) under sentence of death, or \r\n(b) under, or in lieu of, a sentence of imprisonment or transportation, or \r\n(c) in default of payment of a fine, \r\n7\r\n[*] \r\n(d) in default of giving security for keeping the peace or for maintaining good \r\nbehaviour, \r\n8\r\n[(e) unconvicted criminal prisoners], \r\nto any other prison in \r\n9\r\n[the Province, or with the consent of the Provincial Government \r\nconcerned, to any prison in \r\n10\r\n[the other Province] ], \r\n1\r\n[or, with the consent of the \r\n2\r\n[Federal \r\nGovernment], to any prison maintained \r\n3\r\n[by it or under its authority] in any part of \r\n4\r\n[Pakistan].  \r\n                                                                                                                                                  \r\n1Substituted for the word “Central ” by the Punjab Laws (Adaptation) Order, 1974 (P b. O. No. 1 of 1974), published in the \r\nPunjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425 -A to 1425 -PP, Article 2 read with the Schedule: it came \r\ninto force on 14 August 1973. \r\n2The words “or the Crown Representative” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. \r\nNo. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the \r\nSchedule.  \r\n3Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 Jan uary 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956.  It was earlier substituted for the words “British Government” by the Gover nment of India \r\n(Adaptation of Indian Laws) Order, 1937 , published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 3 read with the First Schedule. \r\n4Omitted by the Criminal Law (Extinction of Discriminatory Privileges Act, 1 949) (II of 1950), published in the Gazette of \r\nPakistan (Extraordinary), dated: 13 January 1950, s. 2 read with the Schedule. \r\n5Substituted by the Repealing and Amending Act, 1903 (I of 1903), published in the Government Gazette, Punjab  and its \r\nDependencies, dated: 19 March 1903, pp. 1-111, s. 3 read with the Second Schedule. \r\n6Substituted for the words “Governor General in Council” by  the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n7The word “or” was deleted by Notification No: Prs. I(M)1572, dated: 6 July 1977. \r\n8Added ibid. \r\n9Substituted for the words “British India or to any prison in Berar” by  the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the First Schedule . \r\nThe words “or to any prison in Berar” were earlier added by the Prisoners (Amendment) Act, 1923 (XVII of 1923),  published in \r\nthe Gazette of India, dated: 16 March 1923, s. 2. \r\n10Substituted for the words “any other Province” by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 of 1964); made by \r\nthe President on 27  May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May 1964, pp. 251c -\r\n251aap, Article 2 read with the Schedule. \r\n5\r\n[(2) Subject to the orders, and under the control of the Provincial Government, the \r\nDirector of Prisons may, in the like manner provide for the removal of any prisoner confined \r\nas aforesaid in a prison situate in the area for which h e is appointed to any other prison in \r\nsuch area.] ] \r\n6\r\n[(3) The \r\n7\r\n[Federal Government] may, by general or special order, provide for the \r\nremoval of any prisoner or class of prisoners confined in any prison to any other prison in \r\nPakistan maintained by or under the authority of the \r\n8\r\n[Federal Government] or of a Provincial \r\nGovernment with the consent, \r\n9\r\n[* * * * * * * * * * * * * * * ], of the Provincial Government \r\nconcerned.] ]  \r\n30.  Lunatic prisoners how to be dealt with .– (1) Where it appears to the \r\n10\r\n[Provincial \r\nGovernment] that any person detained or imprisoned under any order or sentence of any \r\nCourt is of unsound mind, the \r\n11\r\n[Provincial Government] may, by a warrant setting forth the \r\ngrounds of belief that the person is of unsound mind, order his removal to a lunatic asylum or \r\nother place of safe custody within the Province, there to be kept and treated as the \r\n12\r\n[Provincial Government] directs during the remainder of the term for which he has been \r\nordered or sentenced to be detained or imprisoned, or, if on the expiration of that term it is \r\ncertified by a medical officer that it is necessary for the safety of the prisoner or others that \r\nhe should be further detained under medical care or treatment, then until he is discharged \r\naccording to law. \r\n(2)  Where it appears to the \r\n13\r\n[Provincial Government] that the prisoner has become \r\nof sound mind, the \r\n14\r\n[Provincial Government] shall, by a warrant directed to the person having \r\ncharge of the prisoner, if still liable to be kept in custody, remand him to the prison from which he \r\n                                                                                                                                                  \r\n1Added by the Prisoners (Amendment) Ordinance, 1942 (XV of 1942) , published in the Gazette of India (Extraordin ary), dated: \r\n21 April 1942, s. 2. \r\n2Substituted for the words “Central Government ” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. They were earlier substituted for the words “Crown Representative” by the Adaptation of Central Acts and \r\nOrdinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 M arch 1949, \r\npp. 223-283, Article 3 read with the Schedule. \r\n3Substituted for the words “by him or under his authority” by the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith the Schedule. \r\n4Substituted for the word “India” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), published in the \r\nGazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 4 read with the Third Schedule. \r\n5Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West \r\nPakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3 read with the Schedule II. \r\n6Added by the Prisoners (Amendment) Act, 1953 ( XVII of 1953), published in the Gazette of Pakistan (Extraordinary), dated: 1 \r\nMay 1953, p. 91, s. 2. \r\n7Substituted for the words “Central Government” by  the Federal  Adaptation of  Laws Order, 1975  \r\n(P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read \r\nwith the Table of General Adaptations. \r\n8Substituted fo r the words “Central Government”  by  the Federal  Adaptation of  Laws Order, 1975  (P.O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. \r\n9The expression “where such other prison is situated in a Province not being a Chief Commissioner’s Province” was omitted by \r\nthe Central Adaptation of Laws Order, 1964 (P. O. No. 1 of 1964); made by the President on 27 May 1964; and, was published \r\nin the Gazette of Pakistan (Extraordinary), dated: 28 May 1964, pp. 251c-251aap, Article 2 read with the Schedule. \r\n10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n11Ibid. \r\n12Ibid. \r\n13Ibid. \r\n14Ibid. \r\nwas removed, or to another prison within the Province, or, if the prisoner is no longer liable to be \r\nkept in custody, order him to be discharged. \r\n(3)  The provisions of section 9 of the Lunatic Asylums Act, 1858\r\n1\r\n, shall apply to \r\nevery person co nfined in a lunatic asylum under sub -section (1) after the expiration of the \r\nterm for which he was ordered or sentenced to be detained or imprisoned; and the time \r\nduring which a prisoner is confined in a lunatic asylum under that sub -section shall be \r\nreckoned as part of the term of detention or imprisonment which he may have been ordered \r\nor sentenced by the Court to undergo. \r\n2\r\n[(4) In any case in which the \r\n3\r\n[Provincial Government] is competent under sub -\r\nsection (1) to order the removal of a prisoner to a lun atic asylum or other place of safe \r\ncustody within the Province, the \r\n4\r\n[Provincial Government] may order his removal to any such \r\nasylum or place within \r\n5\r\n[the other Province] or within \r\n6\r\n[any \r\n7\r\n[Acceding State] ] by agreement \r\nwith the \r\n8\r\n[Provincial Government] of such other Province or with \r\n9\r\n[such State or the Ruler \r\nthereof], as the case may be; and the provisions of this section respecting the custody, \r\ndetention, remand and discharge of a prisoner removed under sub -section (1) shall, so far \r\nas they can be made applicable, apply to a prisoner removed under this sub-section.] \r\n10\r\n[31.  Removal of prisoners from territories under one Local Government to \r\nterritories under another.– * * * * * * * * * * * *] \r\nPART VII \r\nPersons under Sentence of Transportation \r\n32.  Appointment   of   places   for   confinement   of  persons  under  sentence  of  \r\ntransportation and removal thereto.– \r\n11\r\n[(1)] The \r\n12\r\n[Provincial Government] may appoint \r\nplaces within \r\n13\r\n[the Province] to which persons unde r sentence of transportation shall be \r\n                                                \r\n1XXXVI of 1858. \r\n2Substituted by the Devolution Act, 1920 (XXXVIII of 1920), published in the Government Gazette, Punj ab and its \r\nDependencies, dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n4Ibid. \r\n5Substituted for the words “any other Province” by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 of 1964); made by \r\nthe President on 27 May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May 1964, pp. 251c-\r\n251aap, Article 2 read with the Schedule. \r\n6Substituted for the words “the territories of any Native Prince or State in India” by the Government of India (Adaptation of Indian \r\nLaws) Order, 1937, published in the Gazette of India (Extraordinary), dated:  1 April 1937, pp. 75 -344, Article 3 read with the \r\nFirst Schedule. \r\n7Substituted for the words “Indian State” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), published in \r\nthe Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 4 read with the Third Schedule. \r\n8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n9Substituted ibid., for “such Native Prince or State”, Article 3 read with the First Schedule. . \r\n10Repealed by the Repealing and Amending Act, 1903 (I of 1903), published in the Government Gazette, Punjab and its \r\nDependencies, Part IV, dated: 19 March 1903, pp. 73-111, s. 4 read with the Schedule III. \r\n11Renumbered by the Devolution Act, 1920 (XXXVIII of 1920), published in the Government Gazette, Punj ab and its \r\nDependencies, dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. \r\n12Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the T able of General Adaptations. \r\nThey were earlier substituted for the words “Governor General in Council” by the Devolution Act, 1920 (XXXVIII of 1920), \r\npublished in the Government Gazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127 -153, s. 2 read with \r\nthe First Schedule. \r\n13Substituted for the words “British India” by the Devolution Act, 1920 (XXXVIII of 1920), published in the Government Gazette, \r\nPunjab and its Dependencies, dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. \r\nsent; and the \r\n1\r\n[Provincial Government], or some officer duly authori zed in this behalf by the \r\n2\r\n[Provincial Government], shall give orders for the removal of such persons to the places so \r\nappointed, except when sentence  of transportation is passed on a person already \r\nundergoing transportation under a sentence previously passed for another offence. \r\n3\r\n[(2) In any case in which the \r\n4\r\n[Provincial Government] is competent under sub -\r\nsection (1) to appoint places within the Provinces and to order the removal thereto of persons \r\nunder sentence of transportation, the \r\n5\r\n[Provincial Government] may appoint such places in \r\n6\r\n[the \r\nother Province] by agreement with the \r\n7\r\n[Provincial Government] of that Province and may by like \r\nagreement give orders or duly authorize some officer to give orders for the removal thereto of \r\nsuch persons.] \r\nPART VIII \r\nDischarge of Prisoners \r\n33.  Release, on recognizance, by order of High Court, of prisoner recommended \r\nfor pardon .– \r\n8\r\n[A High Court] may, in any case in which it has recommended to \r\n9\r\n[the \r\nPresident] the granting of a free pardon to any prisoner, permit him to be at liberty on his \r\nown recognizance. \r\nPART IX \r\nProvisions for requiring the attendance \r\nof Prisoners and obtaining their evidence \r\nAttendance of Prisoners in Court \r\n34.  References in this Part to prisons, etc. , to be construed as referring also to \r\nReformatory Schools .– In this Part, all references to prisons or to imprisonment or \r\nconfinement shall be construed as referring also to Reformatory Schools or to detention \r\ntherein. \r\n35.  Power for Civil Courts to require appearance of prisoner to give evidence .– \r\nSubject to the p rovisions of section 39, any Civil Court may, if it thinks that the evidence of \r\nany person confined in any prison within the local limits of its appellate jurisdiction, if it is a \r\n                                                \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Ibid. \r\n3Added by the Devolution Act, 1920 (XXXVIII of 1920), published in the Government Gazette, Punj ab and its Dependencies , \r\ndated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. \r\n4Substituted for the words “Local Government” by th e Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n5Ibid. \r\n6Substituted for the words “any other Province” by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 of 1964); made by \r\nthe President on 27 May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May 1964, pp. 251c -\r\n251aap, Article 2 read with the Schedule. \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n8Substituted for the expression “Any Court which is a High Court for the purposes of the Government of India Act, 1935” by the \r\nCentral Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was \r\npublished in the Gazette of Pak istan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it \r\ncame into force on 14 October 1955.  The said expression was earlier substituted for the expression  “Any court established \r\nunder the Indian High Courts Act, 1861”  by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n9Substituted for the words “Her Majesty”  by the  Central Laws (Adaption) Order,  1961 (P.O. No. 1  \r\nof 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on  \r\n21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102-163, Article 2 \r\nread with the Schedule: it came into force on 23 March 1956.  \r\nHigh Court, or, if it is not a High Court, then within the local limits of t he appellate jurisdiction \r\nof the High Court to which it is subordinate, is material in any matter pending before it, make \r\nan order in the form set forth in the first schedule, directed to the officer in  charge of the \r\nprison. \r\n36.  District Judge in certain c ases to countersign orders made under section 35 .– \r\n(1) Where an order under section 35 is made in any civil matter pending– \r\n(a) in a Court subordinate to the District Judge, or \r\n(b) in a Court of Small Causes \r\n1\r\n[* * *], \r\nit shall not be forwarded to the offic er to whom it is directed, or acted upon by him, \r\nuntil it has been submitted to, and countersigned by,– \r\n(i) the District Judge to which the Court is subordinate, or \r\n(ii) the District Judge within the local limits of whose jurisdiction the Court of \r\nSmall Causes is situate. \r\n(2)  Every order submitted to the District Judge under sub -section (1) shall be \r\naccompanied by a statement, under the hand of the Judge of the subordinate Co urt or Court \r\nof Small Causes, as the case may be, of the facts which in his opinion render the order \r\nnecessary, and the District Judge may, after considering such statement, decline to \r\ncountersign the order. \r\n37.  Power   for   certain   Criminal   Courts  to   require  attendance  of prisoner to \r\ngive evidence or answer to charge .– Subject to the provisions of section 39, any Criminal \r\nCourt may, if it thinks that the evidence of any person confined in any prison within the local \r\nlimits of its appellate jurisdiction, if it is a High Court, or, if it is not a High Court, then within the \r\nlocal limits of the appellate jurisdiction of the High Court to which it is subordinate, is material in \r\nany matter pending before it, or if a charge of an offence against such  person is made or \r\npending, make an order in the form set forth in the first or second schedule, as the case may \r\nbe, directed to the officer in charge of the prison: \r\n  Provided that if such Criminal Court is inferior to the Court of a Magistrate of the firs t \r\nclass, the order shall be submitted to, and countersigned by, the \r\n2\r\n[Sessions Judge] to whose \r\nCourt such Criminal Court is subordinate or within the local limits of whose jurisdiction such \r\nCriminal Court is situated. \r\n38.  Order to be transmitted through Ma gistrate of the district or sub -division in \r\nwhich person is confined .– Where any person, for whose attendance an order as in this \r\nPart provided is made, is confined in any district other than that in which the Court making or \r\ncountersigning the order is si tuate, the order shall be sent by the Court by which it is made \r\nor countersigned to the \r\n3\r\n[Sessions Judge or] Magistrate within the local limits of whose \r\njurisdiction the person is confined, and that \r\n4\r\n[Court] shall cause it to be delivered to the officer \r\nin charge of the prison in which the person is confined. \r\n                                                \r\n1The words “outside a Presidency-town” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. \r\nNo. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the \r\nSchedule. \r\n2Substituted for the words “District Magistrate” by the Prisoners (Punjab Amendment) Ordinance, 2001 (XXXIX of 2001), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 November 2001, pp. 1797-1798, s. 2: the said Ordinance was saved \r\nunder Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth \r\nAmendment) Act, 2010 (X of 2010), published in  the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267 -316, s. \r\n96. \r\n3Ibid., for the words “District or Subdivisional”, s. 3. \r\n4Ibid., for the word “Magistrate”. \r\n39.  Procedure where removal is desired of person confined \r\n1\r\n[* * *] more than one \r\nhundred miles from place where evidence is required .– (1) Where a person is confined \r\n2\r\n[* * *  * * * * ] in a prison more than one hundred miles distant from the place where any \r\nCourt, subordinate to a High Court, in which his evidence is required, is held, the Judge or \r\npresiding officer of the Court in which the evidence is so required shall, if he thinks that such \r\nperson should be removed under this Part for the purpose of giving evidence in such Court, \r\nand if the prison is within the local limits of the appellate jurisdiction of the High Court to \r\nwhich such Court is subordinate, apply in writing to the High Court, and the H igh Court may, \r\nif it thinks fit, make an order in the form set forth in the first schedule, directed to the officer in \r\ncharge of the prison. \r\n(2)  The High Court making an order under sub -section (1) shall send it to the \r\n3\r\n[Sessions Judge or] Magistrate within the local limits of whose jurisdiction the person named \r\ntherein is confined, \r\n4\r\n[* * * * * * * * * * * * * * * * * * * ], and such \r\n5\r\n[Court] \r\n6\r\n[* *] shall cause it to be \r\ndelivered to the officer in charge of the prison in which the person is confined. \r\n40.  Persons confined beyond limits of appellate jurisdiction of High Court .– Where \r\na person is confined in a prison beyond the local limits of the appellate jurisdiction of a High \r\nCourt, any Judge of such Court may, if he thinks that such person should be removed  under \r\nthis Part for the purpose of answering a charge of an offence or of giving evidence in any \r\ncriminal matter in such Court or in any Court subordinate thereto , apply in writing to the \r\n7\r\n[Provincial Government] of the territories within which the prison  is situate, and the \r\n8\r\n[Provincial Government] may, \r\n9\r\n[* * * *], direct that the person be so removed, subject to such \r\nrules regulating the escort of prisoners as the \r\n10\r\n[Provincial Government] may prescribe. \r\n41.  Prisoner to be brought up.– Upon delivery of any order under this Part to the officer \r\nin charge of the prison in which the person named therein is confined, that officer shall cause \r\nhim to be taken to the Court in whi ch his attendance is required , so as to be present in the \r\nCourt at the time in such order mentioned, and shall cause him to be detained in custody in \r\n                                                \r\n1The words “in Presidency -town” deemed to be omitted  by virtue of omission of text by the Adaptation of Central Acts and \r\nOrdinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, \r\npp. 223-283, Article 3 read with the Schedule. \r\n2The expression “ in a prison within a Presidency -town, or” were omitted by the Adaptation of Central Acts and Ordinances \r\nOrder, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, \r\nArticle 3 read with the Schedule. \r\n3Substituted for the words “District or Subdivisional” by the Prisoners (Punjab Amendment) Ordinance, 2001 (XXXIX of 2001), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 November 2001, pp. 1797-1798, s. 4: the said Ordinance was saved \r\nunder Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth \r\nAmendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267 -316, s. \r\n96. \r\n4The expression “or, in the case of a person confined in a prison within a Presidency-town, to the Commissioner of Police” were \r\nomitted by  the Adaptation of  Central Acts and Ordinances Order, 1949 (G.G.O.  No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n5Substituted for the word “Magistrate” by the Prisoners (Punjab Amendment) Ordinance, 2001 (XXXIX of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 14 November 2001, pp. 1797-1798, s. 4: the said Ordinance was saved under Article 270AA \r\nof the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X \r\nof 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n6The words “or Commissioner” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of \r\n1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the \r\nSchedule. \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n8Ibid. \r\n9The words “if it thinks fit” were deleted by the Prisoners (Punjab Amendment) Ordinance, 1984 (XXVIII of 1984), published in \r\nthe Punjab Gazette (Extraordinary), dated: 17 December 1984, pp. 2043-2044, s. 2. \r\n10Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\nor near the Court until he has been examined or until the Judge or presiding officer of the \r\nCourt authorizes him to be taken back to the prison in which he was confined. \r\n42.  Power to Government to exempt certain prisoners from operation of this Part .– \r\n1\r\n[* * * * * * ] the \r\n2\r\n[Provincial Government] may, by notification in \r\n3\r\n[* * *  * * ] the \r\n4\r\n[Official \r\nGazette], \r\n5\r\n[* * * * * *] direct that any person or any class of persons shall no t be removed \r\nfrom the prison in which he or they may be confined; and thereupon, and so long as such \r\nnotification remains in force, the provisions of this Part, other than those contained in \r\nsections 44 to 46, shall not apply to such person or class of persons. \r\n43.  Officer in charge of prison when to abstain from carrying out order s.– In any of \r\nthe following cases, that is to say,– \r\n(a) where the person named in any order made under section 35, section 37 or \r\nsection 39 appears to be, from sickness or other infirmity, unfit to be removed, \r\nthe officer in  charge of the prison in which he is confined, shall apply to the \r\n6\r\n[Sessions Judge or] Magistrate within the local limits of whose jurisdiction the \r\nprison is situate, and if such \r\n7\r\n[Court], by writing under his hand, declares \r\nhimself to be of opinion that the person named in the order is, from sickness \r\nor other infirmity, unfit to be removed; or \r\n(b) where the person named in any such order is under committal for trial; or \r\n(c) where the person named in any such order is under a remand pending trial or \r\npending a preliminary investigation; or \r\n(d) where the  person named in any such order is in custody for a period which \r\nwould expire before the expiration of the time required for removing him under \r\nthis Part and for taking him back to the prison in which he is confined; \r\nthe officer in charge of the prison shall abstain from carrying out the order, and shall \r\nsend to the Court from which the order has been issued , a statement of the reason  for so \r\nabstaining: \r\n  Provided that such officer as aforesaid shall not so abstain where– \r\n(i) the order has been made under section 37; and  \r\n(ii) the person named in the order is confined under committal for trial, or under a \r\nremand pending trial or pending a prelim inary investigation, and does not \r\nappear to be, from sickness or other infirmity, unfit to be removed; and \r\n                                                \r\n1The words “The Governor General in Council or” were omitted by the Devolution Act, 1920 (XXXVIII of 1920), published in the \r\nGovernment Gazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3The words “the Gazette of India or” were omitted  by the Devolution Act, 1920 (XXXVIII of 1920), published in the Government \r\nGazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. \r\n4Substituted for th e words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General \r\nAdaptations. \r\n5The expression  “as the case may be ,” was omitted  by the Devolution Act, 1920 (XXXVIII of 1920), published in the \r\nGovernment Gazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. \r\n6Substituted for the words “District  or Sub divisional” by the Prisoners (Punjab Amendment) Ordinance, 2001 (XXXIX of 2001), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 November 2001, pp. 1797-1798, s. 5: the said Ordinance was saved \r\nunder Article 270AA of the Constitution of t he Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth \r\nAmendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267 -316, s. \r\n96. \r\n7Ibid., for the word “Magistrate”. \r\n(iii) the place, where the evidence of the person named in the order is required, is \r\nnot more than five miles distant from the prison in which he is confined. \r\nCommissions for examination of prisoners \r\n44.  Commissions for examination of prisoners.– In any of the following cases, that is \r\nto say,– \r\n(a) where it appears to any Civil Court that the evidence of a person confined in \r\nany prison within the local limits of the appellate jurisdiction of such Court, if it \r\nis a High Court, or if it is not a High Court, then within the local limits of the \r\nappellate jurisdiction of the High Court to which it is subordinate, who, for any \r\nof the causes mentioned in sectio n 42 or section 43, cannot be removed, is \r\nmaterial in any matter pending before it; or \r\n(b) where it appears to any such Court as aforesaid that the evidence of a person \r\nconfined in any prison so situate and more than ten miles distant from the \r\nplace at which such Court is held, is material in any such matter; or \r\n(c) where the District Judge declines, under section 36, to countersign an order \r\nfor removal;  \r\nthe Court may, if it thinks fit, issue a commission, under the provisions of the Code of \r\nCivil Procedure\r\n1\r\n, for the examination of the person in the prison in which he is confined. \r\n45.  Commissions for examination of prisoners beyond limits of appellate \r\njurisdiction of High Court.– Where it appears to a High Court that the evidence of a person \r\nconfined in a prison beyond the local limits of its appellate jurisdiction is material in any civil \r\nmatter pending before it or before any Court subordinate to it, the High Court may, if it thinks \r\nfit, issue a commission , under the provisions of the Code of Civil  Procedure\r\n2\r\n, for the \r\nexamination of the person in the prison in which he is confined. \r\n46.  Commission how to be directed.– Every commission for the examination of a person \r\nissued under section 44 or section 45 shall be directed to the District Judge within the local limits \r\nof whose jurisdiction the prison in which the person is confined is situated, and the District Judge \r\nshall commit the execution of the commission to the officer in charge of the prison, or to such \r\nother person as he may think fit. \r\nService of Process on Prisoners \r\n47.  Process how served on prisoners .– When any process directed to any person \r\nconfined in any pri son is issued from any Criminal or Revenue Court, it may be served by \r\nexhibiting to the officer in charge of the prison the original of the process and depositing with \r\nhim a copy thereof. \r\n48.  Process served to be transmitted at prisoner’s request .– (1) Eve ry officer in  \r\ncharge of a prison upon whom service is made under section 47 shall, as soon as may be, \r\ncause the copy of the process deposited with him to be shown and explained to the person \r\nto whom it is directed, and shall thereupon endorse upon the proc ess and sign a certificate \r\nto the effect that such person as aforesaid is confined in the prison under his charge and has \r\nbeen shown and had explained to him a copy of the process. \r\n(2)  Such certificate as aforesaid shall be prima facie evidence of the serv ice of \r\nthe process, and, if the person to whom the process is directed , requests that the copy \r\n                                                \r\n1XIV of 1882. Subsequently replaced by the Code of Civil Procedure 1908 (V of 1908). \r\n2XIV of 1882. Subsequently replaced by the Code of Civil Procedure 1908 (V of 1908). \r\nshown and explained to him be sent to any other person and provides the cost of sending it \r\nby post, the officer in charge of the prison shall cause it to be so sent. \r\nMiscellaneous \r\n1\r\n[49. Application of Part in certain cases.– * * * * * * * * *] \r\n50.  Deposit of costs.– No order in any civil matter shall be made by a Court under any \r\nof the provisions of this Part until the amount of the costs and charges of the execution of \r\nsuch order (to be determined by the Court) is deposited in such Court: \r\nProvided that, if upon any  application for such order it appears to the Court to which \r\nthe application is made, that the applicant has not sufficient means to meet the said costs \r\nand charges, the Court may pay the same out of any fund applicable to the contingent \r\nexpenses of such C ourt, and every sum so expended may be recovered by the \r\n2\r\n[Provincial \r\nGovernment] from any person ordered by the Court to pay the same, as if it were costs in a \r\nsuit recoverable under the Code of Civil Procedure\r\n3\r\n. \r\n51.  Power to make rules under this Part.– (1) The \r\n4\r\n[Provincial Government], \r\n5\r\n[* * * * * * \r\n* * * *  * * *], may make rules– \r\n(a) for regulating the escort of prisoners to and from Courts in which their \r\nattendance is required and for their custody during the period of such \r\nattendance; \r\n(b) for regulating the amount to be allowed for the costs and charges of such \r\nescort; and \r\n(c) for the guidance of officers in all other matters connected with the \r\nenforcement of this Part. \r\n(2)  All rules made under sub -section (1) shall be published in the \r\n6\r\n[official \r\nGazette] \r\n7\r\n[* * *] , and shall, from the date of such publication, have the same force as if \r\nenacted by this Act. \r\n52.  Power to declare who shall be deemed officer in  charge of prison .– The \r\n8\r\n[Provincial Government] may declare what officer shall, for the purposes of this Part, be \r\ndeemed to be the officer in charge of a prison. \r\n  \r\n9\r\n[53. Repeals.– * * * * * * * * * * * * * * * *] \r\n                                                \r\n1Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n2Substituted for the word “Government”  by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n3Now the Code of Civil Procedure, 1908 (V of 1908). \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Orde r, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n5The expression “and in cases arising under section 40, the Governor G eneral in Council” was omitted ibid., Article 3 read with \r\nthe First Schedule. \r\n6Substituted ibid., for the words “local official Gazette”, Article 4 read with the Table of General Adaptations. \r\n7The expression “or the Gazette of India, as the case may be” was omitted by the Government of India (Adaptation of Indian \r\nLaws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the \r\nFirst Schedule.  \r\n8Substituted ibid., for the words “Local Government”, Article 4 read with the Table of General Adaptations. \r\n9Repealed by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India, dated: 21 March 1914, pp. \r\n47-59, s. 3 read with Second Schedule. \r\nTHE FIRST SCHEDULE \r\n(See sections 35 and 37.) \r\n Court of ________________________. \r\n To the officer in charge of the __________ (state name of prison). \r\n You are hereby required to produce _________, now a prisoner in _________, under \r\nsafe and sure conduct before the Court of ________ at _______ on the ________ day of \r\n__________ next by _________ of the clock in the forenoon of the same day, there  to give \r\nevidence in a matter now pending before the said Court, and after the said _______ has \r\nthen and there given his evidence before the said Court or the said Court has dispensed with \r\nhis further attendance, cause him to be conveyed under safe and sur e conduct back to the \r\nprison. \r\n \r\nThe  _________________  day of ___________________. \r\nA.B. \r\n(Countersigned) C.D. \r\n \r\nTHE SECOND SCHEDULE \r\n(See section 37.) \r\n Court of _________________________. \r\n To the officer in charge of the __________ (state name of prison). \r\n You are hereby required to produce _________, now a prisoner in _________, under \r\nsafe and sure conduct before the Court of ________ at _______ on the ________ day of \r\n__________ next by _________ of the clock in the forenoon of the same day, there to \r\nanswer a charge now pending befor e the said Court, and after such charge has been \r\ndisposed of or the said Court has dispensed with his further attendance, cause him to be \r\nconveyed under safe and sure conduct back to the said prison. \r\n \r\nThe  _________________  day of ___________________. \r\nA.B. \r\n(Countersigned) C.D. \r\n \r\n \r\n1\r\n[THE THIRD SCHEDULE] \r\n \r\n                                                \r\n1Repealed by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India, dated: 21 March 1914, pp. \r\n47-59, s. 3 read with Second Schedule.",
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