THE PUNJAB LAWS ACT, 1872

Year : 1872

[Act, No. 4 of 1872]
[28th March, 1872 ]

PREAMBLE

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

WHERES certain rules, laws and regulations, made heretofore for the Punjab, acquired the force of law under the provisions of section 25 of the [Rep. by the Government of India Act, 1915.] [Indian Councils Act, 1861]and whereas it is expedient to declare which of the said rules, laws and regulations shall henceforth be in force in the Punjab, and to amend, 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 territories [Subs. by the A.O.1948 for " now under the administration of the Lieutenant-Governor of the Punjab ".] [constituting the States of Punjab and Delhi], but not so as to alter the effect of any regulations made for any parts of the said territories under the [Statute 33 Vice, ch.3.co section 1; and it shall come into force on the present day of June, 1872.Commencement.

Section -3 Enactments in force

The Regulations, Acts and orders specified in the First Schedule hereto annexed are in force in the.[Subs., ibid., for " Punjab ".] [States of Punjab and m Delhi] to the extent specified in the third column of the said Schedule.

Section -4  Enactments repealed

Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914), section 3 and Sch. II. Civil Judicature [Subs. by Act 12 of 1878, sectiion 1, for the original section 5.The provisions of this section have been rep. in so far as they are inconsistent with those of the Muslim Personal Law (Shariat) Application Act, 1937 (26 of 1937): see section 6, and Sch. II..]

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, can bastardy, family relations, wills, legacies, gifts, partitions, or any ac 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 (Civil Judicature. Descent of jaghirs. Preemption. Decrees cerning land. Insolvency. Minors and the Court of Wards): has not been by this or any other enactment altered abolished. and has not been declared to be void by competent authority;

(b) The Muhammadan law, in cases where the parties Muhammadans, and the Hindu law, in cases where parties are Hindus, except in so far as such law has be altered or abolished by legislative enactment, or opposed to the provisions of this Act, or has been modified by any such custom as is above referred to.

Section -6 Decisions cases not specially provided for

In cases not otherwise specially provided for, the Judges so decide according to justice. equity and good conscience.

Section -7 Local customs and mercantile usages when vaild

All local customs and mercantile usages shall be regarded valid, unless they are contrary to justice, equity or good conscience or have, before the passing of this Act, been declared to be void be any competent authority.

Section -8 Repealed

[Sections 8,8A,8B and 8C.which had been subs, for section 8 by the Punjab Descent of Jaghirs Act, 1900 (Pun.4 of 1900), section 2, and the heading "Decent of Jaghirs" were rep. by the Punjab Jaghirs Act, 1941 (Pun.5 of 1941)section 13.]

8A Repealed

[Sections 8,8A,8B and 8C.which had been subs, for section 8 by the Punjab Descent of Jaghirs Act, 1900 (Pun.4 of 1900), section 2, and the heading "Decent of Jaghirs" were rep. by the Punjab Jaghirs Act, 1941 (Pun.5 of 1941)section 13.]

8B Repealed

[Sections 8,8A,8B and 8C.which had been subs, for section 8 by the Punjab Descent of Jaghirs Act, 1900 (Pun.4 of 1900), section 2, and the heading "Decent of Jaghirs" were rep. by the Punjab Jaghirs Act, 1941 (Pun.5 of 1941)section.13.]

8C Repealed

[Sections 8,8A,8B and 8C.which had been subs, for section 8 by the Punjab Descent of Jaghirs Act, 1900 (Pun.4 of 1900), section 2, and the heading "Decent of Jaghirs" were rep. by the Punjab Jaghirs Act, 1941 (Pun.5 of 1941) section.13.]

Section -9 Repealed

Rep. by the Punjab Preemption Act, 1905 (Punjab Act of 1905), section 2(1).

Section -10 Repealed

Rep. by the Punjab Preemption Act, 1905 (Punjab Act of 1905), section 2(1).

Section -11 Repealed

Rep. by the Punjab Preemption Act, 1905 (Punjab Act of 1905), section 2(1).

Section -12 Repealed

Rep. by the Punjab Preemption Act, 1905 (Punjab Act of 1905), section 2(1).

Section -13 Repealed

Rep. by the Punjab Preemption Act, 1905 (Punjab Act of 1905), section 2(1).

Section -14 Repealed

Rep. by the Punjab Preemption Act, 1905 (Punjab Act of 1905), section 2(1).

Section -15 Repealed

Rep. by the Punjab Preemption Act, 1905 (Punjab Act of 1905), section 2(1).

Section -16 Repealed

Rep. by the Punjab Preemption Act, 1905 (Punjab Act of 1905), section 2(1).

Section -17 Repealed

Rep. by the Punjab Preemption Act, 1905 (Punjab Act of 1905), section 2(1).

Section -18 Repealed

Rep. by the Punjab Preemption Act, 1905 (Punjab Act of 1905), section 2(1).

Section -19 Repealed

Rep. by the Punjab Preemption Act, 1905 (Punjab Act of 1905), section 2(1).

Section -20 Repealed

Rep. by the Punjab Preemption Act, 1905 (Punjab Act of 1905), section2(1).

Section -21 Copy of decrees affecting land to be forwarded to Deputy Commissioner. [Repealed]

Rep. by the Punjab and Revenue Act, 1887 (17 of 1887).

Section -22 Repealed

Rep. by the Provincial Insolvency Act, 1907 (3 of 1907).

Section -23 Repealed

Rep. by the Provincial Insolvency Act, 1907 (3 of 1907).

Section -24 Repealed

Rep. by the Provincial Insolvency Act, 1907 (3 of 1907).

Section -25 Repealed

Rep. by the Provincial Insolvency Act, 1907 (3 of 1907).

Section -26 Repealed

Rep. by the Provincial Insolvency Act, 1907 (3 of 1907).

Section -27 Repealed

Rep. by the Provincial Insolvency Act, 1907 (3 of 1907).

Section -28 Repealed

Rep. by the Provincial Insolvency Act, 1907 (3 of 1907).

Section -29 Repealed

Rep. by the Provincial Insolvency Act, 1907 (3 of 1907).

Section -30 Repealed

Rep. by the Provincial Insolvency Act, 1907 (3 of 1907).

Section -31 Repealed

Rep. by the Provincial Insolvency Act, 1907 (3 of 1907).

Section -32 Repealed

Rep. by the Provincial Insolvency Act, 1907 (3 of 1907).

Section -33 Saving of previous insolvency proceedings.Repealed

Rep. by to Amending Act, 1891 (12 of 1891).

Section -34 Repealed

Rep. by the Punjab Court of Wards Act, 1903(Punjab Act 2 of 1903), section 2(1)

Section -35 Repealed

Rep. by the Punjab Court of Wards Act, 1903(Punjab Act 2 of 1903), section 2(1)

Section -36 Repealed

Rep. by the Punjab Court of Wards Act, 1903(Punjab Act 2 of 1903), section 2(1)

Section -37 Repealed

Rep. by the Punjab Court of Wards Act, 1903(Punjab Act 2 of 1903), section 2(1)

Section -38 Repealed

Rep. by the Punjab Court of Wards Act, 1903(Punjab Act 2 of 1903), section 2(1)

Section -39 Indian Penal Code to apply to offences committed previous to 1st January, 1862

The provisions of the Indian Penal Code, with the exception of Chapter VI, shall be applicable to all offences committed before first January, 1862, 45 of 1860.in territory which was, at the time of the commission of such offence, subject to the State Government of the Punjab: Saving of privileges conferred on certain Chiefs.-

Provided that nothing contained in this section shall affect any privilege conferred on certain Chiefs in the Punjab by the Central Government, or by the Board of Administration for the affairs of the Punjab, nor any indemnity or pardon granted by competent authority.

39A - Power to establish system of village-watchmen and municipal-watchmen, and to make rules

[Sections. 39A and 39B were subs. by Act 24 of 1881, section.2, for sections. 39A and 39B.]

The State Government may establish a system of village watchmen or municipal watchmen in any part of the territories under; its administration, 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;

(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 the State Government thinks fit;

(g) The exercise of authority over, and the rendering of aid to such watch men 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 watchmen, of any of the duties of a village-watchman in aid of, or substitution for, such watchman;

(i) The exercise, by such village-headmen for the purpose 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

(I) The efficient working of the system of village-watchmen or municipal watchmen:

Provided-

first, that the rules to be made regarding the appointment of village watchmen shall allow to the headmen of the villages comprised in the beat to which such a watchman is to be appointed a power of nomination to be exercised in such 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 this section with regard to village-watchmen shall include provisions for recording and securing due consideration of the views and opinions on the matters therein referred to of the headmen of the villages comprised in each beat.

39B - Obligation to assist watchmen and headmen

[Sections. 39A and 39B were subs. by Act 24 of 1881, section.2, for sections. 39A and 39B.]

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 here under all the assistance which he is bound to render to a police-officer Person obstructing watchman or headman may be arrested without warrant.-

Any person who obstructs such watchman or headman in the discharge of such duties may be arrested without warrant by a police officer or by any watchman or village-headman empowered in this or behalf by the State Government.
 
39C - Power to direct local taxation for payment of police enrolled under Act 5 of 1861

[Sections. 39C to 39G were ins. by Act 15 of 1875, section.2.]

Whenever it seems to the State Government expedient Power that the duties of watch-and-ward and other internal police-service direct of any town or village not corrprised 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 uncle, police-officers enrolled under.F.N.612.[The Police Act.] Act V of 1861, the State Government may direct that the said service shall be so performed, and may also [The words " subject to the control of the G. G. in C." rep. by the A.O.1937.] direct that the charges for the time being fixed by such Government on account of such service shall be defrayed by taxes to be levied in such town or village.