THE FAMILY COURTS ACT 1964

THE FAMILY COURTS ACT, 1964

Act XXXV of 1964

C O N T E N T S

SECTION HEADING

1. Short title, extent and commencement.

2. Definitions.

3. Establishment of Family Courts.

4. Qualifications of Judge.

5. Jurisdiction.

6. Place of sittings.

7. Institution of suits.

8. Intimation to defendant.

9. Written statement.

10. Pre-trial proceedings.

11. Recording of evidence.

12. Conclusion of trial.

12A. Cases to be disposed of within a specified period.

13. Enforcement of decrees.

14. Appeals.

15. Power of Family Court to summon witnesses.

16. Contempt of Family Courts.

17. Provisions of Evidence Act and Code of Civil Procedure not to apply.

17A. Suit for maintenance.

17B. Power of the Court to issue Commission.

18. Appearance through agents.

19. Court fee.

20. Family Court as Judicial Magistrate.

21. Provisions of Muslim Family Laws Ordinance, 1961 not affected.

21A. Interim order pending suit.

21B. Intimation to Arbitration Council.

22. Bar on the issue of injunctions by Family Court.

23. Validity of marriages registered under the Muslim Family Laws Ordinance, 1961, not to be questioned by Family Courts.

24. Family Courts to inform Union Councils of cases not registered under the Muslim Family Laws Ordinance, 1961.

25. Family Court deemed to be a District Court for purposes of Guardians and Wards Act, 1890.

25A. Transfer of cases.

25B. Stay of proceedings by the High Court and District Courts.

26. Power to make rules.

SCHEDULE


[1]THE FAMILY COURTS ACT, 1964

(Act XXXV of 1964)

18 July 1964

An Act to make provision for the establishment of Family Courts.

Preamble.– WHEREAS it is expedient to make provision for the establishment of Family Courts for the expeditious settlement and disposal of disputes relating to marriage and family affairs and for matters connected therewith;

It is hereby enacted as follows:-

1. Short title, extent and commencement.– (1) This Act may be called the [2][* * *] Family Courts Act, 1964.

[3][(2) It shall extend to whole of the Punjab.]

(3) It shall come into force in such area or areas and on such date or dates as Government may, by notification in the official Gazette, specify in this behalf.

[4][(4) Nothing in this Act shall apply to any suit or any application under the Guardians and Wards Act, 1890, pending for trial or hearing in any Court immediately before the coming into force of this Act, and all such suits and applications shall be heard and disposed of as if this Act was not in force.

(5) Any suit, or any application under the Guardians and Wards Act, 1890, which was pending for trial or hearing in any Court immediately before the coming into force of this Act, and which has been dismissed solely on the ground that such suit or application is to be tried by a Family Court established under this Act, shall, notwithstanding anything to the contrary contained in any law, on petition made to it in that behalf by any party to the suit or application, be tried and heard by such Court from the stage at which such suit or application had reached at the time of its dismissal.]

2. Definitions.– [5][(1)] In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say–

(a) “Arbitration Council” and “Chairman” shall have the meanings respectively assigned to them in the Muslim Family Laws Ordinance, 1961;

(b) “Family Court” means a Court constituted under this Act;

[6][(c) “Government” means Government of the Punjab;]

(d) “party” shall include any person whose presence as such is considered necessary for a proper decision of the dispute and whom the Family Court adds as a party to such dispute;

(e) “prescribed” means prescribed by rules made under this Act [7][;]

[8][(f) “Schedule” means the Schedule appended to the Act; and

(g) “Union Council” means a Union Council, Municipal Committee, Cantonment Board, Union Administration or, in case of absence of any of these local governments in a local area, any other comparable body or authority constituted under any law relating to the local governments or local authorities.]

[9][(2) Words and expressions used in this Act but not herein defined, shall have the meanings respectively assigned to them in the Code of Civil Procedure, 1908.]

[10][3. Establishment of Family Courts.– (1) Government shall establish one or more Family Courts in each District or at such other place or places as it may deem necessary and appoint a Judge for each of such Court:

Provided that at least one Family Court in each District, shall be presided over by a woman Judge to be appointed within a period of six months or within such period as the [11][Government may extend].

(2) A woman Judge may be appointed for more than one District and in such cases the woman Judge may sit for the disposal of cases at such place or places in either District, as the [12][*] Government may specify.

(3) Government shall, in consultation with the High Court, appoint as many woman Judges as may be necessary for the purposes of sub-section (1).]

[13][4. Qualifications of Judge.– No person shall be appointed as a Judge of a Family Court unless he is or has been [14][or is qualified to be appointed as] a District Judge, an Additional District Judge, [15][a Civil Judge or a Qazi appointed under the Dastur-ul-Amal Diwani, Riasat Kalat].

5. Jurisdiction.– [16][1] Subject to the provisions of the Muslim Family Laws Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in [17][Part I of the Schedule].

[18][(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), the Family Court shall have jurisdiction to try the offences specified in Part II of the Schedule, where one of the spouses is victim of an offence committed by the other.]

[19][(3) The Government may amend the Schedule through addition, deletion or substitution of any entry in the Schedule.]

6. Place of sittings.– Subject to any general or special orders of Government in this behalf a Family Court shall hold its sittings at such place or places within [20][the District or area for which it is established] as may be specified by the District Judge.

7. Institution of suits.– (1) Every suit before a Family Court shall be instituted by the presentation of a plaint or in such other manner and in such Court as may be prescribed.

(2) The plaint shall contain all [21][material] facts relating to the dispute and shall contain a Schedule giving the number of witnesses intended to be produced in support of the plaint, the names and addresses of the witnesses and brief summary of the facts to which they would depose:

[22][Provided that a plaint for dissolution of marriage may contain all claims relating to dowry, maintenance, dower, personal property and belongings of wife, custody of children and visitation rights of parents to meet their children:]

Provided [23][further] that parties may, with the permission of the Court, call any witness at any later stage, if the Court considers such evidence expedient in the interest of justice.

[24][(3) (i) Where a plaintiff sues or relies upon a document in his possession or power, he shall produce it in court when the plaint is presented, and shall at the same time, deliver the document or a copy thereof to be filed with the plaint.

(ii) Where he relies on any other document not in his possession or power, as evidence in support of his claim, he shall enter such documents in a list to be appended to the plaint [25][giving reasons of relevancy of these documents to the claim in the plaint].]

(4) The plaint shall be accompanied by as many duplicate copies thereof including the Schedule and the lists of documents referred to in sub-section (3), as there are defendants in the suit, for service upon the defendants.

[26][8. Intimation to defendant.– (1) When a plaint is presented to a Family Court, it shall:

(a) fix a date which shall not be more than fifteen days for the appearance of the defendant;

(b) within two days of the presentation of the plaint, sent a notice or summons of the suit to a defendant through a process serving agency of the Family Court, registered post acknowledgment due, electronically or through courier, together with a copy of the plaint, a copy of the schedule referred to in subsection (2) of section 7 and copies of the documents and a list of documents referred to in subsection (3) of section 7; and

(c) direct that the notice or summons issued under clause (b) also be served through affixation and shall simultaneously issue a proclamation in a newspaper.

(2) While issuing the notice or summons to a defendant, the Family Court shall require the defendant to submit a written statement on the day mentioned in the notice or summons.]

[27][9. Written statement.– [28][(1) On the date fixed under section 8, the defendant shall appear before the Family Court and file the written statement, a list of witnesses and gist of evidence, and in case the written statement is not filed on that date, the Family Court may, for any sufficient reasons which prevented the defendant from submitting the written statement, allow the defendant to submit the written statement and other documents on the next date which shall not exceed fifteen days from that date.]

[29][(la) A defendant husband may, where no earlier suit for restitution of conjugal rights is pending, claim for a decree of restitution of conjugal rights in his written statement to a suit for dissolution of marriage or maintenance, which shall be deemed as a plaint and no separate suit shall lie for it.

(1b) A defendant wife may, in the written statement to a suit for restitution of conjugal rights, make a claim for dissolution of marriage including khula which shall be deemed as a plaint and no separate suit shall lie for it: Provided that the proviso to sub-section (4) of Section 10 shall apply where the decree for dissolution of marriage is to be passed on the ground of khula.]

(2) Where a defendant relies upon a document in his possession or power, he shall produce it or copy thereof in the Court alongwith the written statement.

(3) Where he relies on any other document, not in his possession or power, as evidence in support of his written statement, he shall enter such documents in a list to be appended to the written statement [30][giving reasons of relevancy of these documents to the defence in the written statement].

(4) Copies of the written statement, list of witnesses and precis of evidence referred to in sub-section (1) and the documents referred to in sub-section (2) shall be given to the plaintiff, his agent or advocate present in the Court.

(5) If the defendant fails to appear on the date fixed by the Family Court for his appearance, then–

(a) if it is proved that the summons or notice was duly served on the defendant, the Family Court may proceed ex parte; provided that where the Family Court has adjourned the hearing of the suit ex parte, and defendant at or before such hearing appears and assigns good cause for his previous non-appearance, he may, upon such terms as the Family Court directs, be heared in answer to the suit as if he had appeared on the day fixed for his appearance; and

(b) if it is not proved that the defendant was duly served as provided in sub-section (4) of section 8, the Family Court shall issue fresh summons and notices to the defendant and cause the same to be served in the manner provided in clauses (b) and (c) of sub-section (1) of section 8.

[31][(5A) If the defendant fails to submit the written statement on or before the date under subsection (1), the defence of the defendant shall stand struck off and the Family Court shall decide the case under the law.]

(6) In any case in which a decree is passed ex parte against a defendant under this Act, he may apply within [32][thirty days of the service of notice under sub-section (7) of the passing of the decree] to the Family Court by which the decree was passed for an order to set it aside, and if he satisfies the Family Court that he was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was heard or called for hearing, the Family Court shall, after service of notice on the plaintiff, and on such terms as to costs as it deems fit, make an order for setting aside the decree as against him, and shall appoint a day for proceeding with the suit; provided that where the decree is of such a nature that it cannot be set aside as against such defendant only, it may be set aside against all or any of the other defendants also.]

[33][(7) The notice of passing of the ex-parte decree referred to in sub-section (6) shall be sent to the defendant by the Family Court together with a certified copy of the decree within three days of the passing of the decree, through process server or by registered post, acknowledgement due, or through courier service or any other mode or manner as it may deem fit.

(8) Service of notice and its accompaniment in the manner provided in sub-section (7) shall be deemed to be due service of the notice and decree on the defendant.]

10. Pre-trial proceedings.– [34][(1) When the written statement is filed, the Court shall fix an early date for a pre-trial hearing of the case.]

(2) On the date so fixed, the Court shall examine the plaint, the written statement (if any) and the precis of evidence and documents filed by the parties and shall also, if it so deems fit, hear the parties and their counsel.

[35][(3) The Family Court may, at the pre-trial stage, ascertain the precise points of controversy between the parties and attempt to effect compromise between the parties.]

[36][(4) Subject to subsection (5), if compromise is not possible between the parties, the Family Court may, if necessary, frame precise points of controversy and record evidence of the parties.]

[37][(5) In a suit for dissolution of marriage, if reconciliation fails, the Family Court shall immediately pass a decree for dissolution of marriage and, in case of dissolution of marriage through khula, may direct the wife to surrender up to fifty percent of her deferred dower or up to twenty-five percent of her admitted prompt dower to the husband.]

[38][(6) Subject to subsection (5), in the decree for dissolution of marriage, the Family Court shall direct the husband to pay whole or part of the outstanding deferred dower to the wife.]

11. Recording of evidence.– (1) On the date fixed for [39][recording of the evidence] the Family Court shall examine the witnesses produced by the parties in such order as it deems fit.

[40][(1A) The Family Court shall record or cause to be recorded, the substance of the statement of a witness or may record or cause to be recorded, the statement of a witness through audio or video recording.]

(2) The Court shall not issue any summons for the appearance of any witness unless, within three days of the framing of issues, any party intimates the Court that it desires a witness to be summoned through the Court and the Court is satisfied that it is not possible or practicable for such party to produce the witness.

[41][(3) The witnesses shall give their evidence in their own words:

Provided that the parties or their counsel may further examine, cross-examine or re-examine the witnesses:

Provided further that the Family Court may forbid any question which it regards as indecent, scandalous or frivolous or which appears to it to be intended to insult or annoy or needlessly offensive in form.]

[42][(3A) The Family Court may, if it so deems fit, put any question to any witness for the purposes of elucidation of any point which it considers material in the case.]

(4) The Family Court may permit the evidence of any witness to be given by means of an affidavit:

Provided that if the Court deems fit it may call such witness for the purpose of examination in accordance with sub-section (3).

12. Conclusion of trial.– (1) After the close of evidence of both sides, the Family Court shall make another effort to effect a compromise or reconciliation between the parties [43][within a period not exceeding fifteen days].

(2) If such compromise or reconciliation is not possible, the Family Court shall announce its judgement and give a decree.

[44][12A. Cases to be disposed of within a specified period.– The Family Court shall dispose of a case, including a suit for dissolution of marriage, within a period of six months from the date of institution:

Provided that where a case is not disposed of within six months, either party shall have a right to make an application to the High Court for necessary direction as the High Court may deem fit.]

13. Enforcement of decrees.– (1) The Family Court shall pass a decree in such form and in such manner as may be prescribed, and shall enter its particulars in the prescribed register.

(2) If any money is paid or any property is delivered in the presence of the Family Court, in satisfaction of the decree, it shall enter the fact of payment [45][or] the delivery of property, as the case may be, in the aforesaid register.

(3) Where a decree relates to the payment of money and the decretal amount is not paid within time specified by the Court [46][not exceeding thirty days], the same shall, if the Court so directs be recovered as arrears of land revenue, and on recovery shall be paid to the decree-holder.

(4) The decree shall be executed by the Court, passing it or by such other Civil Court as the District Judge may, by special or general order, direct.

(5) A Family Court may, if it so deems fit, direct that any money to be paid under a decree passed by it be paid in such installments as it deems fit.

14. Appeals.– [47][(1) Notwithstanding anything provided in any other law for the time being in force, a decision given or a decree passed by a Family Court shall be appealable–

(a) to the High Court, where the Family Court is presided over by a District Judge, an Additional District Judge or a person notified by Government to be of the rank and status of a District Judge or an Additional District Judge; and

(b) to the District Court, in any other case.]

(2) No appeal shall lie from a decree passed by Family Court–

(a) for dissolution of marriage, except in the case of dissolution for reasons specified in clause (a) of item (viii) of section 2 of the Dissolution of Muslim Marriages Act, 1939;

(b) for dower [48][or dowry] not exceeding rupees [49][one hundred thousand];

(c) for maintenance of rupees [50][five thousand] or less per month.

[51][(3) No appeal or revision shall lie against an interim order passed by a Family Court.

(4) The appellate Court referred to in sub-section (1) shall dispose of the appeal within a period of four months.]

15. Power of Family Court to summon witnesses.– (1) A Family Court may issue summons to any person to appear and give evidence, or to produce or cause the production of any document:

Provided that–

(a) no person who is exempt from personal appearance in a Court under sub-section (1) of section 133 of the Code of Civil Procedure, 1908, shall be required to appear in person;

(b) a Family Court may refuse to summon a witness or to enforce a summons already issued against a witness when, in the opinion of the Court, the attendance of the witness cannot be procured without such delay, expense or inconvenience as in the circumstances would be unreasonable.

(2) If any person to whom a Family Court has issued summons to appear and give evidence or to cause the production of any document before it, willfully disobeys such summons, the Family Court may take cognizance of such disobedience, and after giving such opportunity to explain, sentence him to a fine [52][of five thousand] rupees.

16. Contempt of Family Courts.– A person shall be guilty of contempt of the Family Court if he without lawful excuse–

(a) offers any insult to the Family Court; or

(b) causes an interruption in the work of the Family Court; or

[53][(bb) misbehaves with any person in the Court premises or uses abusive language; threats or uses physical force or intimidates in any form; or]

(c) refuses to answer any question put by the Family Court, which he is bound to answer; or

(d) refuses to take oath to state the truth or to sign any statement made by him in the Family Court;

and the Family Court may forthwith try such person for such contempt and sentence him to a fine not exceeding rupees [54][two thousand].

17. Provisions of Evidence Act and Code of Civil Procedure not to apply.– (1) Save as otherwise expressly provided by or under this Act, the provisions of the [55][Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984)], and the Code of Civil Procedure, 1908, [56][except sections 10 and 11,] shall not apply to proceedings before any Family Court [57][in respect of Part I of Schedule].

(2) Sections 8 to 11 of the Oaths Act, 1872, shall apply to all proceedings before the Family Courts.

[58][17A. Suit for maintenance.– (1) In a suit for maintenance, the Family Court shall, on the date of the first appearance of the defendant, fix interim monthly maintenance for wife or a child and if the defendant fails to pay the maintenance by fourteen day of each month, the defence of the defendant shall stand struck off and the Family Court shall decree the suit for maintenance on the basis of averments in the plaint and other supporting documents on record of the case.

(2) In a decree for maintenance, the Family Court may:

(a) fix an amount of maintenance higher than the amount prayed for in the plaint due to afflux of time or any other relevant circumstances; and

(b) prescribe the annual increase in the maintenance.

(3) If the Family Court does not prescribe the annual increase in the maintenance, the maintenance fixed by the Court shall automatically stand increased at the rate of ten percent each year.

(4) For purposes of fixing the maintenance, the Family Court may summon the relevant documentary evidence from any organization, body or authority to determine the estate and resources of the defendant.]

[59][17B. Power of the Court to issue Commission.– Subject to such conditions and limitations as may be prescribed, the Court may issue a Commission to,-

(a) examine any person;

(b) make a local investigation; and

(c) inspect any property or document.]

18. Appearance through agents.– If a person required under this Act to appear before a Family Court, otherwise than as a witness, is a pardah nashin lady, the Family Court may permit her to be represented by a duly authorised agent.

[60][19. Court fee.– Notwithstanding anything contained in the Court Fees Act, 1870 (VII of 1870), the Court fee to be paid on any plaint or memorandum of appeal shall be rupees fifteen for any kind of suit or appeal under this Act.]

[61][20. Family Court as Judicial Magistrate.– (1) A Family Court shall be deemed as the Judicial Magistrate of the first class under the Code of Criminal Procedure, 1898 (V of 1898) for taking cognizance and trial of any offence under this Act; the Muslim Family Laws Ordinance, 1961 (VIII of 1961); and, the Child Marriage Restraint Act, 1929 (XIX of 1929).

(2) A Family Court shall conduct the trial of an offence under subsection (1) in accordance with the provisions of Chapter XXII of the Code of Criminal Procedure, 1898 (V of 1898) relating to the summary trials.

(3) An offence other than contempt of a Family Court shall be cognizable on the complaint of the Union Council, Arbitration Council or the aggrieved party.]

[62][21. Provisions of Muslim Family Laws Ordinance, 1961 not affected.– Nothing in this Act shall be deemed to affect any of the provisions of Muslims Family Laws Ordinance, 1961, or the rules made thereunder.]

[63][21A. Interim order pending suit.– The Family Court may pass an interim order to preserve and protect any property in dispute in a suit .and any other property of a party to the suit, the preservation of which is considered necessary for satisfaction of the decree, if and when passed.]

[64][21B. Intimation to Arbitration Council.– If a Family Court decrees dissolution of a Muslim marriage, the Family Court shall immediately but not later than three days from the decree send by registered post or other means a certified copy of the decree to the concerned Chairman of the Arbitration Council and upon receipt of the decree, the Chairman shall proceed as if he had received intimation of Talaq under the Muslim Family Laws Ordinance, 1961 (VIII of 1961).]

22. Bar on the issue of injunctions by Family Court.– A Family Court shall not have the power to issue an injunction to, or stay any proceedings pending before, a Chairman or an Arbitration Council.

23. Validity of marriages registered under the Muslim Family Laws Ordinance, 1961, not to be questioned by Family Courts.– A Family Court shall not question the validity of any marriage registered in accordance with the provisions of the Muslim Family Laws Ordinance, 1961, nor shall any evidence in regard thereto be admissible before such Court.

24. Family Courts to inform Union Councils of cases not registered under the Muslim Family Laws Ordinance, 1961.– If in any proceedings before a Family Court it is brought to the notice of the Court that a marriage solemnized under the Muslim Law after the coming into force of the Muslim Family Laws Ordinance, 1961, has not been registered in accordance with the provisions of the said Ordinance and the rules framed thereunder, the Court shall communicate such fact in writing to the Union Council for the area where the marriage was solemnized.

25. Family Court deemed to be a District Court for purposes of Guardians and Wards Act, 1890.– A Family Court shall be deemed to be a District Court for the purposes of the Guardians and Wards Act, 1890, and notwithstanding anything contained in this Act, shall, in dealing with matters specified in that Act, follow the procedure prescribed in that Act.

[65][25A. Transfer of cases.– (1) Notwithstanding anything contained in any law the High Court may, either on the application of any party or of its own accord, by an order in writing–

(a) transfer any suit or proceeding under this Act from one Family Court to another Family Court in the same district or from a Family Court of one district to a Family Court of another district; and

(b) transfer any appeal or proceeding under this Act, from the District Court of one district to the District Court of another district.

(2) A District Court may, either on the application of any party or of its own accord, by an order in writing, transfer any suit or proceeding under this Act from one Family Court to another Family Court in a district or to itself and dispose it of as a Family Court.

[66][(2a) Where a Family Court remains vacant or the presiding officer remains on leave or absent for any reason, except due to vacations, for more than thirty days a District Court may, either on the application of any party or of its own accord, by order in writing, transfer any suit or proceeding from such Family Court to another Family Court in a District or to itself and disposed it of as a Family Court.

(2b) On the application of any of the parties and after notice to. the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the Supreme Court may at any stage transfer any suit, appeal or other proceedings under this Act pending before a Court in one Province to a Court in another Province, competent to try or dispose of the same.]

(3) Any Court to which a suit, appeal or proceeding is transferred under the preceding sub-sections, shall, notwithstanding anything contained in this Act, have the jurisdiction to dispose it of in the manner as if it were instituted or filed before it:

Provided that on the transfer of a suit, it shall not be necessary to commence the proceedings before the succeeding Judge de novo unless the Judge, for reasons to be recorded in writing directs otherwise.]

[67][25B. Stay of proceedings by the High Court and District Courts.– Any suit, appeal or proceeding under this Act, may be stayed–

(a) by the District Court, if the suit or proceeding is pending before a Family Court within its jurisdiction; and

(b) by the High Court, in the case of any suit, appeal or proceeding [68][:] ]

[69][Provided that the stay application shall be finally decided by the District Court or the High Court, as the case may be, within thirty days failing which the interim stay order shall cease to be operative.]

26. Power to make rules.– (1) Government may, by notification in the official Gazette, make rules to carry into effect the provisions of this Act.

(2) Without prejudice to the generality of the provisions contained in sub-section (1), the rules so made may, among other matters, provide for the procedure, which shall not be inconsistent with the provisions of this Act, to be followed by the Family Courts.

SCHEDULE

[SEE SECTION 5]

[70][PART I]

1. Dissolution of marriage [71][including Khula].

2. Dower.

3. Maintenance.

4. Restitution of conjugal rights.

5. Custody of children [72][and the visitation rights of parents to meet them].

6. Guardianship.

[73][7. Jactitation of marriage.]

[74][8. Dowry.]

[75][9. The personal property and belongings of a wife and a child living with his mother.

10. Any other matter arising out of the Nikahnama.]

[76][PART II

Offences and aid and abetment thereof under Section 337A (i), 337F (i),341, 342, 343, 344, 345, 346, 352 and 509 of the Pakistan Penal Code (Act XLV of l860)]


footnote:

[1]For statement of objects and reasons see Gazette of West Pakistan (Extraordinary), dated 6th April, 1964, pages 1153-P to 1155-W.

This Act was passed by the West Pakistan Assembly on 30th June, 1964; assented to by the Governor of West Pakistan on 14th July, 1964; and, published in the West Pakistan Gazette (Extraordinary), dated 18th July, 1964, pages 2427-34.

[2]The words “West Pakistan” omitted by the Family Court (Amendment) Act, 1996 (Federal Act X of 1996).

[3]Substituted by the Family Courts (Amendment) Act 2015 (XI of 2015) for the following:

“(2) It extends to the whole of [Pakistan].”

The word “Pakistan” was earlier substituted by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975), for “the Province of West Pakistan except the Tribal Areas”.

[4]Added by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).

[5]Section 2 re-numbered as sub-section (1) of that section by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).

[6]Substituted by the Family Courts (Amendment) Act 2015 (XI of 2015) for the following:

“(c) “Government means [the Provincial Government].”

The words “the Provincial Government” were earlier substituted by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975), for “the Government of West Pakistan”.

[7]Substituted for the full-stop by the Family Courts (Amendment) Act 2015 (XI of 2015).

[8]Inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).

[9]New sub-section (2) added by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).

[10]Substituted by the West Pakistan Family Courts (Amendment) Act, 1994 (Federal Act XXI of 1994).

[11]Substituted by the Family Courts (Amendment) Act 2015 (XI of 2015) for “Federal Government may, on the request of Provincial Government, extend”.

[12]The word “Provincial” omitted by the Family Courts (Amendment) Act 2015 (XI of 2015).

[13]Substituted by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).

[14]Inserted by the West Pakistan Family Courts (Amendment) Act, 1994 (Federal Act XXI of 1994).

[15]Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), for “a Civil Judge”.

[16]Section 5 re-numbered as sub-section (1) by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[17]Substituted for “the Schedule” by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[18]New sub-section (2) added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[19]The following sub-section (3) was added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002) and substituted by the Family Courts (Amendment) Act 2015 (XI of 2015):

“(3) The High Court may, with the approval of the Government, amend the Schedule so as to alter, delete or add any entry thereto.”

[20]Substituted by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), for “the Districts”.

[21]Inserted by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).

[22]Inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[23]Inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[24]Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).

[25]Added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[26]The following section 8, having been previously substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), and successively been amended by various enactments, was substituted by the Family Courts (Amendment) Act 2015 (XI of 2015):

“8. Intimation to defendants.– (1) When a plaint is presented to a Family Court, it–

(a) [shall] fix a date [* *] of not more than thirty days for the appearance of the defendant;

(b) shall issue summons to the defendant to appear on a date specified therein;

[(c) shall, within three days of the presentation of the plaint, send to each defendant, by registered post, acknowledgment due, [or by courier service or by both] a notice of the suit, together with a copy of the plaint, a copy of the Schedule referred to in sub-section (2) of section 7 and copies of the documents and a list of documents referred to in sub-section (3) of the said section].

(2) Every summons issued under clause (b) of sub-section (1) shall be accompanied by a copy of the plaint, a copy of the Schedule referred to in sub-section (2) of section 7, and copies of the documents and list of documents referred to in sub-section (3) of the said section.

[(3) * * ** * * *]

(4) Service of the plaint and its accompaniments in the manner provided in clause (b) or clause (c) of sub-section (1) shall be deemed to be due service of the plaint upon the defendant.

(5) Every notice and its accompaniments under clause (c) of sub-section (1) shall be served at the expense of the plaintiff. The postal charges for such service shall be deposited by the plaintiff at the time of filing the plaint.

(6) Summons issued under clause (b) of sub-section (1) shall be served in the manner provided in the Code of Civil Procedure, 1908, Order V, Rules 9, 10, 11, 16, 17, 18, 19, [20,] 21, 23, 24, 26, 27, 28 and 29. The cost of such summons shall be assessed and paid as for summons issued under the Code of Civil Procedure, 1908.

Explanation– [* * * *]”

[27]Substituted by the West Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971).

[28]Substituted by the Family Courts (Amendment) Act 2015 (XI of 2015) for the following:

“(1) On the date fixed-under clause (a) of sub-section (1) of section 8, the plaintiff and the defendant shall appear before the Family Court and the defendant shall file his written statement, and attach therewith a list of his witnesses alongwith a precis of the evidence that each witness is expected to give.”

[29]New subsections (1a) and (1b) inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[30]Added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[31]Inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).

[32]Substituted for the words “reasonable time of the passing thereof” by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[33]New sub-sections (7) and (8) added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[34]Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).

[35]Substituted by the Family Courts (Amendment) Act 2015 (XI of 2015) for the following:

“(3) At the pre-trial, the Court shall ascertain the points at issue between the parties and attempt to effect a compromise or reconciliation between the parties, if this be possible.”

[36]Substituted by the Family Courts (Amendment) Act 2015 (XI of 2015) for the following:

“(4) If no compromise or reconciliation is possible the Court shall frame the issues in the case and fix a date for recording of evidence:

Provided that notwithstanding any decision or judgment of any Court or tribunal, the Family Court in a suit for dissolution of marriage, if reconciliation fails, shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the Haq Mehr received by the wife in consideration of marriage at the time of marriage.”

[37]New sub-section (5) inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).

[38]New sub-section (6) inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).

[39]Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), for “the hearing of the evidence”.

[40]New sub-section (1A) inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).

[41]Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).

[42]Added by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).

[43]Added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[44]The following section 12A was added by the Family Courts (Amendment) Act, 1996 (Federal Act X of 1996) and substituted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002):

“12A. Certain cases to be disposed of within a specified period.– Notwithstanding anything contained hereinbefore, a suit for dissolution of marriage shall finally be disposed of within a period of four months from its institution:

Provided that where an appeal lies against the dissolution of marriage, such appeal shall be disposed of within four months.”

[45]Substituted, for the word “and”, by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).

[46]Inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[47]Substituted by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).

[48]Inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[49]Substituted previously by the Family Courts (Amendment) Ordinance 2002 (LV of 2002) for “fifteen thousand” and then by the Family Courts (Amendment) Act 2015 (XI of 2015) for “thirty thousand”.

[50]Substituted previously by the Family Courts (Amendment) Ordinance 2002 (LV of 2002) for “five hundred” and then by the Family Courts (Amendment) Act 2015 (XI of 2015) for “one thousand”.

[51]New sub-sections (3) and (4) added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[52]Substituted for “not exceeding one thousand” by the Family Courts (Amendment) Act 2015 (XI of 2015).

[53]Inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[54]Substituted for the word “two hundred” by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[55]Substituted for “Evidence Act, 1872” by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[56]Inserted by the West Pakistan Family Courts (Amendment) Act, 1967 (XV of 1967).

[57]Added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[58]The following new section 17A was inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002) and substituted by the Family Courts (Amendment) Act 2015 (XI of 2015):

“17A. Interim order for maintenance.– At any stage of proceedings in a suit for maintenance, the Family Court may pass an interim order for maintenance, whereunder the payment shall be made by the fourteenth of each month, failing which the Court may strike off the defence of the defendant and decree the suit.”

[59]New section added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[60]Substituted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002) for the following:

“19. Court fees.– Notwithstanding anything to the contrary contained in the Court Fees Act, 1872, the court fees to be paid on any plaint filed before a Family Court shall be rupee [fifteen] for any kind of suit.”

The word in crotchets was earlier substituted by the Punjab Finance Act, 1973 (XIV of 1973), for “one”.

[61] Section 20 substituted by the Family Courts (Amendment) Act 2015 (XI of 2015).

At the time of first substitution by the Family Courts (Amendment) Ordinance 2002 (LV of 2002), the original section 20 read as under:

“20. Investment of powers of Magistrates on Judges.– Government may invest any Judge of a Family Court with powers of Magistrate First Class to [make order for maintenance] under section 488 of the Code of Criminal Procedure, 1898.”

[Note: The words in crotchets had been substituted by the Punjab Finance Act, 1973 (XIV of 1973), for “to hear the case”.]

After substitution by the Family Courts (Amendment) Ordinance 2002 (LV of 2002), section 20 read as under:

“20. Family Court to exercise the powers of the Judicial Magistrate.– A Family Court shall have and exercise all the powers of a Judicial Magistrate of the First Class under the Code of Criminal Procedure, 1898 (Act V of 1898).”

[62]Substituted by the West Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971).

[63]New section inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[64]New section inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).

[65]Added by the West Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971).

[66]New sub-sections (2a) and (2b) inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[67]Added by the West Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971).

[68]Substituted for the full-stop by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[69]Added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[70]Inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[71]Inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[72]Added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[73]Added by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).

[74]Added by the Family Courts (Amendment) Act, 1997 (Federal Act VII of 1997).

Note: This amendment shall not effect pending cases (section 3 ibid).

[75]The following new entry 9 was added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002) and substituted by the Family Courts (Amendment) Act 2015 (XI of 2015):

“9. Personal property and belongings of a wife.”

[76]Added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

THE PUNJAB BAIT-UL-MAL ACT 1991

THE PUNJAB BAIT-UL-MAL ACT, 1991

Act VII of 1991

C O N T E N T S

SECTION HEADING

1. Short title, extent and commencement.

2. Bait-ul-Mal Council.

3. Functions of the Council.

4. Punjab Bait-ul-Mal.

5. Utilisation of the Bait-ul-Mal.

6. Business of the Council.

7. Appointment of Committees.

8. Staff of the Council.

9. Delegation of powers.

10. Accounts and Audit.

11. Laying of Annual Report before the Assembly.

12. Power to make rules.

13. Dissolution of the Council.

14. Repeal.


[1]THE PUNJAB BAIT-UL-MAL ACT, 1991

(Act VII of 1991)

[30 March 1991]

An Act to provide for the establishment of a

charitable fund to be known as the Punjab Bait-ul-Mal.

Preamble.– Whereas it is expedient to provide for the establishment of a charitable fund to be known as the Punjab Bait-ul-Mal;

It is hereby enacted as follows:-

1. Short title, extent and commencement.– (1) This Act may be called the Punjab Bait-ul-Mal Act 1991.

(2) It extends to the whole of the Punjab.

(3) It shall come into force at once.

[2][2. Bait-ul-Mal Council.– (1) The Government may by notification establish a Council to be called the Punjab Bait-ul-Mal Council and may, at any time, reconstitute it.

(2) The Council shall be a body corporate with power to acquire and hold property and shall sue and be sued by the said name.

(3) The Council shall consist of an Ameen who shall be the head of the Council, and not more than fourteen official and non-official members [3][including at least four women].

(4) The Government shall nominate the Ameen and after consultation with the Ameen the Government shall nominate the other members of the Council.

(5) The non-official members shall be honorary and in majority and shall be persons who are renowned social workers or who are eminent in the field of education or health or who are committed to the cause of public welfare.

(6) Subject to the provisions of sub-sections (1) and (7), the Ameen and non-official members shall hold office for a term of three years and shall be eligible for re-nomination for another term of three years, but no person shall hold office of Ameen or member for more than two terms.

(7) A non-official member, including the Ameen may be removed by the Government on the ground of misconduct.

(8) The Government may increase or decrease the number of members of the Council.]

3. Functions of the Council.– The Council shall administer the Punjab Bait-ul-Mal and shall perform such other functions in relation to the Bait-ul-Mal as the Government may assign to it.

4. Punjab Bait-ul-Mal.– The Government may establish a fund to be known as the Punjab Bait-ul-Mal to which shall be credited–

(a) grants from the Government, the Federal Government, Local Bodies and International Islamic Agencies; and

(b) voluntary donations including Sadqaat, Khairat and Atiat.

5. Utilisation of the Bait-ul-Mal.– (1) The Bait-ul-Mal shall be administered by the Council in the manner prescribed and shall be utilised for the following purposes, namely–

(i) relief and rehabilitation of the poor and the needy particularly poor widows and orphans;

(ii) educational assistance to the poor and deserving students;

(iii) medical assistance to the poor;

(iv) charitable purposes;

(v) any other purpose of public utility particularly where the beneficiaries would be the disadvantaged sections of the society; and

(vi) any other purpose approved by the Council.

(2) Subject to the general supervision and control of the Council, the distribution of Bait-ul-Mal Fund shall be carried out by the District Bait-ul-Mal Committees to be constituted by the Council for this purpose in such manner as the Council may determine.

6. Business of the Council.– The meetings and the business of the Council shall be conducted in such manner and in accordance with such procedure as may be prescribed and until such procedure is prescribed in such manner as the Ameen may direct.

7. Appointment of Committees.– (1) The Council may appoint such Committees consisting of such of its members and for the performance of such functions of the Council as it may deem fit [4][:]

[5][Provided that the Government may reconstitute a Committee at any time.]

(2) The Council may, if it considers it necessary, co-opt any person to a Committee.

[6][(3) Members of the District Bait-ul-Mal Committees shall be persons who are renowned social workers or who are eminent in the field of education or health or who are committed to the cause of public welfare.]

8. Staff of the Council.– The Council may appoint for the performance of its functions such employees as it may consider necessary, on such terms and conditions, as may be prescribed.

9. Delegation of powers.– The Council may delegate all or any of its powers under this Act to any of its members either unconditionally or subject to such conditions as it may specify.

10. Accounts and Audit.– (1) The accounts of the Bait-ul-Mal shall be audited by an Auditor who is a Chartered Accountant within the meaning of the Chartered Accounts Ordinance 1961 and is appointed by the Council for the purpose.

(2) The Council shall produce all books of accounts and documents and furnish such explanation and information as the Auditor may require for the purposes of audit.

11. Laying of Annual Report before the Assembly.– (1) The Council shall, not later than 15th day of March in each year, prepare report as to the work done by it during the preceding year ending on the 31st day of December and submit the report to the Governor.

(2) The Governor shall cause a copy of the report to be laid before the Provincial Assembly.

12. Power to make rules.– The Council may make rules for carrying out the purposes of this Act.

13. Dissolution of the Council.– The Government may, by notification in the official Gazette, dissolve the Council and make such incidental and consequential orders as may be necessary for the purpose.

14. Repeal.– The Punjab Bait-ul-Mal Ordinance 1991 (III of 1991), is hereby repealed.


footnotes:

[1]This Act was passed by the Punjab Assembly on 18th March, 1991; assented to by the Governor of the Punjab on 26th March, 1991; and, was published in the Punjab Gazette (Extraordinary), dated 30th March, 1991, pages 853-855.

[2]Substituted by the Punjab Bait-ul-Mal (Amendment) Act, 1994 (VII of 1994).

[3]Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014).

[4]Full stop replaced by colon by the Punjab Bait-ul-Mal (Amendment) Act, 1994 (VII of 1994).

[5]Added ibid.

[6]Added by the Punjab Bait-ul-Mal (Amendment) Act, 1994 (VII of 1994).


 

THE PRISONS ACT 1894

THE PRISONS ACT, 1894 [Pakistan]

Act IX of 1894

C O N T E N T S

CHAPTER I

PRELIMINARY

SECTIONS

1. Title, extent and commencement.

2. [Repealed]

3. Definitions.

CHAPTER II

MAINTENANCE AND

OFFICERS OF PRISONS

4. Accommodation for prisoners.

5. Directors of Prisons.

6. Officers of prisons.

7. Temporary accommodation for prisoners.

CHAPTER III

DUTIES OF OFFICERS

Generally

8. Control and duties of officers of prisons.

9. Officers not to have business dealings with prisoners.

10. Officers not-to be interested in prison-contracts.

Superintendent

11. Superintendent.

12. Records to be kept by Superintendent.

Medical Officer

13. Duties of Medical Officer.

14. Medical Officer to report in certain cases.

15. Report on death of prisoner.

Jailer

16. Jailer.

17. Jailer to give notice of death of prisoner.

18. Responsibility of Jailer.

19. Jailer to be present at night.

20. Powers of Deputy and Assistant Jailers.

Subordinate Officers

21. Duties of gate-keeper.

22. Subordinate officers not to be absent without leave.

23. Convict Officers.

CHAPTER IV

ADMISSION, REMOVAL AND

DISCHARGE OF PRISONERS

24. Prisoners to be examined on admission.

25. Effects of prisoners.

26. Removal and discharge of prisoners.

CHAPTER V

DISCIPLINE OF PRISONERS

27. Separation of prisoners.

28. Association and segregation of prisoners.

29. Solitary confinement.

30. Prisoners under sentence of death.

CHAPTER VI

FOOD, CLOTHING AND BEDDING

OF CIVIL AND UNCONVICTED

CRIMINAL PRISONERS

31. Maintenance of certain prisoners from private sources.

32. Restriction on transfer of food and clothing between certain prisoners.

33. Supply of clothing and bedding to civil and unconvicted criminal prisoners.

CHAPTER VII

EMPLOYMENT OF PRISONERS

34. Employment of civil prisoners.

35. Employment of criminal prisoners.

36. Employment of criminal prisoners sentenced to simple imprisonment.

CHAPTER VIII

HEALTH OF PRISONERS

37. Sick prisoners.

38. Record of directions of Medical Officers.

39. Hospital.

CHAPTER IX

VISITS TO PRISONERS

40. Visits to civil and unconvicted criminal prisoners.

41. Search of visitors.

CHAPTER X

OFFENCES IN RELATION

TO PRISONS

42. Penalty for introduction or removal of prohibited articles into or from prison and communication with prisoners.

43. Power to arrest for offence under section 42.

44. Publication of penalties.

CHAPTER XI

PRISON-OFFENCES

45. Prison-offences.

46. Punishment of such offences.

47. Plurality of punishments under section 46.

48. Award of punishments under sections 46 and 47.

49. Punishments to be in accordance with foregoing sections.

50. Medical Officer to certify to fitness of prisoner for punishment.

51. Entries in punishment-book.

52. Procedure on committal of heinous offence.

53. Whipping.

54. Offences by prison subordinates.

CHAPTER XII

MISCELLANEOUS

55. Extramural custody, control and employment of prisoners.

56. Confinement in irons.

57. Confinement of prisoner under sentence of transportation in irons.

58. Prisoners not to be ironed by Jailer except under necessity.

59. Power to make rules.

60. [Repealed]

61. Exhibition of copies of rules.

62. Exercise of powers of Superintendent and Medical Officer.

THE SCHEDULE

[Repealed]


[1]THE PRISONS ACT, 1894

(Act IX of 1894)

[22 March 1894]

An Act to amend the law relating to Prisons.

WHEREAS it is expedient to amend the law relating to prisons in [2][Pakistan], and to provide rules for the regulation of such prisons;

It is hereby enacted as follows:-

CHAPTER I

PRELIMINARY

1. Title, extent and commencement.— (1) This Act may be called the Prisons Act, 1894.

[3][(2) It extends to the whole of Pakistan]

(3) It shall come into force on the first day of July, 1894.

(4) Nothing in this Act shall apply to civil jails in [4][Sind] and the [5][Karachi Division], and those jails shall continue to be administered under the provisions of section 9 to 16 (both inclusive) of [6]Bombay Act II of 1874, as amended by subsequent enactments.

2. [Repeal]. Repealed by the Repealing Act, 1938 (1 of 1938), section 2 and Schedule.

3. Definitions.— In this Act—

(1) “prison” means any jail or place used permanently or temporarily under the general or special orders of a [7][Provincial Government] for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include—

(a) any place for the confinement of prisoners who are exclusively in the custody of the police;

(b) any place specially appointed by the [8][Provincial Government] under section 541 of the [9]Code of Criminal Procedure, 1882; or

(c) any place which has been declared by the [10][Provincial Government], by general or special order, to be a subsidiary jail:

(2) “criminal prisoner” means any prisoner duly committed to custody under the writ, warrant or order of any Court or authority exercising criminal jurisdiction, or by order of a Court-martial:

(3) “convicted criminal prisoner” means any criminal prisoner under sentence of a Court or Court-martial, and includes a person detained in prison under the provisions of Chapter VIII of the [11]Code of Criminal Procedure, 1882, or under the [12]Prisoners Act, 1871:

(4) “civil prisoner” means any prisoner who is not a criminal prisoner:

(5) “remission system” means the rules for the time being in force regulating the award of marks to, and the consequent shortening of sentences of, prisoners in jails:

(6) “history-ticket” means the ticket exhibiting such information as is required in respect of each prisoner by this Act or the rules thereunder;

(7) and (7-A) [13][* * *].

(8) “medical subordinate” means an Assistant Surgeon, Apothecary or qualified hospital Assistant: and

(9) “prohibited article” means an article the introduction or removal of which into or out of a prison is prohibited by any rule under this Act.

CHAPTER II

MAINTENANCE AND OFFICERS OF PRISONS

4. Accommodation for prisoners.— The [14][Provincial Government] shall provide, for the prisoners in the territories under such Government, accommodation in prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respect of the separation of prisoners.

[15][5. Directors of Prisons.— Directors of Prisons shall be appointed for the areas to be defined by the Provincial Government, and shall exercise, subject to the orders of the Provincial Government, the general control and superintendence of prisons and the staff employed in the prisons in the respective areas for which they are appointed].

6. Officers of prisons.— For every prison there shall be a superintendent, a Medical Officer (who may also be the Superintendent), a Medical Subordinate, a Jailer and such other officers as the [16][Provincial Government] thinks necessary:

[17][* * * * * * * * * * * * *]

[18][Provided further that in the Punjab the [19][Provincial Government] may appoint for any prison a Deputy Superintendent instead of a Jailer, and an Assistant Superintendent instead of a Deputy or Assistant Jailer, and these officers when so appointed shall exercise the same powers, shall discharge the same duties, and shall be subject to the same disabilities as Jailers and Deputy or Assistant Jailers respectively].

7. Temporary accommodation for prisoners.— Whenever it appears to the [20][Director of Prisons] that the number of prisoners in any prison is greater than can conveniently or safely be kept therein, and it is not convenient to transfer the excess number to some other prison,

or whenever from the outbreak of epidemic disease within any prison, or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners,

provision shall be made, by such officer and in such manner as the [21][Provincial Government] may direct, for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison.

CHAPTER III

DUTIES OF OFFICERS

Generally

8. Control and duties of officers of prisons.— All officers of a prison shall obey the directions of the Superintendent; all officers subordinate to the Jailer shall perform such duties as may be imposed on them by the Jailer with the sanction of the Superintendent or be prescribed by rules under section [22][59].

9. Officers not to have business dealings with prisoners.— No officer of a prison shall sell or let, nor shall any person in trust for or employed by him, sell or let or derive any benefit from selling or letting, any article to any prisoner or have any money or other business dealings directly or indirectly with any prisoner.

10. Officers not-to be interested in prison-contracts.— No officer of a prison shall, nor shall any person in trust for or employed by him, have any interest, direct or indirect, in any contract for the supply of the prison; nor shall he derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to a prisoner.

Superintendent

11. Superintendent.— (1) Subject to the orders of the [23][Director of Prisons] the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.

(2) Subject to such general or special directions as may be given by the [24][Provincial Government], the Superintendent of a prison other than a central prison or a prison situated in a presidency-town shall obey all orders not inconsistent with this Act or any rule thereunder which may be given respecting the prison by the District Magistrate, and shall report to the [25][Director of Prisons] all such orders and the action taken thereon.

12. Records to be kept by Superintendent.— The Superintendent shall keep, or cause to be kept, the following records:-

(1) a register of prisoners admitted;

(2) a book showing when each prisoner is to be released;

(3) a punishment-book for the entry of the punishments inflicted on prisoners for prison-offences;

(4) a visitors’ book for the entry of any observations made by the visitors touching any matters connected with the administration of the prison;

(5) a record of the money and other articles taken from prisoners;

and all such other records as may be prescribed by rules under section 59 [26][* * *]

Medical Officer

13. Duties of Medical Officer.— Subject to the control of the Superintendent, the Medical Officer shall have charge of the sanitary administration of the prison, and shall perform such duties as may be prescribed by rules made by the [27][Provincial Government] under section [28][59].

14. Medical Officer to report in certain cases.— Whenever the Medical Officer has reason to believe that the mind of a prisoner is, or is likely to be, injuriously affected by the discipline or treatment to which he is subjected, the Medical Officer shall report the case in writing to the Superintendent, together with such observations as he may think proper.

This report, with the orders of the Superintendent thereon, shall forthwith be sent to the [29][Director of Prisons] for information.

15. Report on death of prisoner.— On the death of any prisoner, the Medical Officer shall forthwith record in a register the following particulars, so far as they can be ascertained, namely:

(1) the day on which the deceased first complained of illness or was observed to be ill,

(2) the labour, if any, on which he was engaged on that day,

(3) the scale of his diet on that day,

(4) the day on which he was admitted to hospital,

(5) the day on which the Medical Officer was first informed of the illness,

(6) the nature of the disease,

(7) when the deceased was last seen before his death by the Medical Officer or Medical Subordinate,

(8) when the prisoner died, and

(9) (in cases where a post-mortem examination is made) an account of the appearances after death,

together with any special remarks that appear to the Medical Officer to be required.

Jailer

16. Jailer.— (1) The Jailer shall reside in the prison, unless the Superintendent permits him in writing to reside elsewhere.

(2) The Jailer shall not, without the [30][Director of Prisons’] sanction in writing, be concerned in any other employment.

17. Jailer to give notice of death of prisoner.— Upon the death of a prisoner, the Jailer shall give immediate notice thereof to the Superintendent and the Medical Subordinate.

18. Responsibility of Jailer.— The Jailer shall be responsible for the safe custody of the records to be kept under section 12, for the commitment warrants and all other documents confined to his care, and for the money and other articles taken from prisoners.

19. Jailer to be present at night.— The Jailer shall not be absent from the prison for a night without permission in writing from the Superintendent; but, if absent without leave for a night from unavoidable necessity, he shall immediately report the fact and the cause of it to the Superintendent.

20. Powers of Deputy and Assistant Jailers.— Where a Deputy Jailer or Assistant Jailer is appointed to a prison, he shall, subject to the orders of the Superintendent, be competent to perform any of the duties, and be subject to all the responsibilities, of a Jailer under this Act or any rule thereunder.

Subordinate Officers

21. Duties of gate-keeper.— The officer acting as gate-keeper, or any other officer of the prison, may examine anything carried in or out of the prison, and may stop and search or cause to be searched any person suspected of bringing any prohibited article into or out of the prison, or of carrying out any property belonging to the prison, and if any such article or property be found, shall give immediate notice thereof to the Jailer.

22. Subordinate officers not to be absent without leave.— Officers subordinate to the Jailer shall not be absent from the prison without leave from the Superintendent or from the Jailer.

23. Convict Officers.— Prisoners who have been appointed as officers of prisons shall be deemed to be public servants within the meaning of the Pakistan Penal Code.

CHAPTER IV

ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS

24. Prisoners to be examined on admission.— (1) Whenever a prisoner is admitted into prison, he shall be searched, and all weapons and prohibited articles shall be taken from him.

(2) Every criminal prisoner shall also, as soon as possible after admission, be examined under the general or special orders of the Medical Officer, who shall enter or cause to be entered in a book, to be kept by the Jailer, a record of the state of the prisoner’s health, and of any wounds or marks on his person, the class of labour he is fit for if sentenced to rigorous imprisonment, and any observations which the Medical Officer thinks fit to add.

(3) In the case of female prisoners the search and examination shall be carried out by the matron under the general or special orders of the Medical Officer.

25. Effects of prisoners.— All money or other articles in respect whereof no order of a competent Court has been made, and which may with proper authority be brought into the prison by any criminal prisoner or sent to the prison for his use, shall be placed in the custody of the Jailer.

26. Removal and discharge of prisoners.— (1) All prisoners, previously to being removed to any other prison, shall be examined by the Medical Officer.

(2) No prisoner shall be removed from one prison to another unless the Medical Officer certifies that the prisoner is free from any illness rendering him unfit for removal.

(3) No prisoner shall be discharged against his will from prison, if labouring under any acute or dangerous distemper, nor until, in the opinion of the Medical Officer, such discharge is safe.

CHAPTER V

DISCIPLINE OF PRISONERS

27. Separation of prisoners.— The requisitions of this Act with respect to the separation of prisoners are as follows:-

(1) in a prison containing female as well as male prisoners, the females shall be imprisoned in separate buildings, or separate parts of the same building, in such manner as to prevent their seeing, or conversing or holding any intercourse with, the male prisoners;

(2) in a prison where male prisoners under the age of [31][twenty-one] are confined, means shall be provided for separating them altogether from the other prisoners and for separating those of them who have arrived at the age of puberty from those who have not;

(3) unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners; and

(4) civil prisoners shall be kept apart from criminal prisoners.

28. Association and segregation of prisoners.— Subject to the requirements of the last foregoing section, convicted criminal prisoners may be confined in association or individually in cells or partly in one way and partly in the other.

29. Solitary confinement.— No cell shall be used for solitary confinement unless it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and every prisoner so confined in a cell for more than twenty-four hours, whether as a punishment or otherwise, shall be visited at least once a day by the Medical Officer or Medical Subordinate.

30. Prisoners under sentence of death.— (1) Every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by order of, the Jailer and all articles shall be taken from him which the Jailer deems it dangerous or inexpedient to leave in his possession.

(2) Every such prisoner shall be confined in a cell apart from all other prisoners, and shall be placed, by day and by night, under the charge of a guard.

CHAPTER VI

FOOD, CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL PRISONERS

31. Maintenance of certain prisoners from private sources.— A civil prisoner or an unconvicted criminal prisoner shall be permitted to maintain himself, and to purchase, or receive from private sources at proper hours, food, clothing, bedding or other necessaries, but subject to examination and to such rules as may be approved by the [32][Director of Prisons].

32. Restriction on transfer of food and clothing between certain prisoners.— No part of any food, clothing, bedding or other necessaries belonging to any civil or unconvicted criminal prisoner shall be given, hired or sold to any other prisoner; and any prisoner transgressing the provisions of this section shall lose the privilege of purchasing food or receiving it from private sources, for such time as the Superintendent thinks proper.

33. Supply of clothing and bedding to civil and unconvicted criminal prisoners.— (1) Every civil prisoner and unconvicted criminal prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the Superintendent with such clothing and bedding as may be necessary.

(2) When any civil prisoner has been committed to prison in execution of a decree in favour of a private person, such person, or his representative, shall, within forty-eight hours after the receipt by him of a demand in writing pay to the Superintendent the cost of the clothing and bedding so supplied to the prisoner; and in default of such payment the prisoner may be released.

CHAPTER VII

EMPLOYMENT OF PRISONERS

34. Employment of civil prisoners.— (1) Civil prisoners may, with the Superintendent’s permission, work and follow any trade or profession.

(2) Civil prisoners finding their own implements, and not maintained at the expense of the prison shall be allowed to receive the whole of their earnings; but the earnings of such as are furnished with implements or are maintained at the expense of the prison shall be subject to a deduction to be determined by the Superintendent, for the use of implements and the cost of maintenance.

35. Employment of criminal prisoners.— (1) No criminal prisoner sentenced to labour or employed on labour at his own desire shall, except on an emergency with the sanction in writing of the Superintendent, be kept to labour for more than nine hours in any one day.

(2) The Medical Officer shall from time to time examine the labouring prisoners while they are employed, and shall at least once in every fortnight cause to be recorded upon the history-ticket of each prisoner employed on labour the weight of such prisoner at the time.

(3) When the Medical Officer is of opinion that the health of any prisoner suffers from employment on any kind or class of labour, such prisoner shall not be employed on that labour but shall be placed on such other kind or class of labour as the Medical Officer may consider suited for him.

36. Employment of criminal prisoners sentenced to simple imprisonment.— Provision shall be made by the Superintendent for the employment (as long as they so desire) of all criminal prisoners sentenced to simple imprisonment; but no prisoner not sentenced to rigorous imprisonment shall be punished for neglect of work excepting by such alteration in the scale of diet as may be established by the rules of the prison in the case of neglect of work by such a prisoner.

CHAPTER VIII

HEALTH OF PRISONERS

37. Sick prisoners.— (1) The names of prisoners desiring to see the Medical Subordinate or appearing out of health in mind or body shall, without delay, be reported by the officer in immediate charge of such prisoners to the Jailer.

(2) The Jailer shall, without delay, call the attention of the Medical Subordinate to any prisoners desiring to see him, or who is ill, or whose state of mind or body appears to require attention, and shall carry into effect all written directions given by the Medical Officer or Medical Subordinate respecting alterations of the discipline or treatment of any such prisoner.

38. Record of directions of Medical Officers.— All directions given by the Medical Officer or Medical Subordinate in relation to any prisoner, with the exception of orders for the supply of medicines or directions relating to such matters as are carried into effect by the Medical Officer himself or under his superintendence, shall be entered day by day in the prisoner’s history-ticket or in such other record as the [33][Provincial Government] may by rule direct, and the Jailer shall make an entry in its proper place stating in respect of each direction the fact of its having been or not having been complied with, accompanied by such observations, if any, as the Jailer thinks fit to make, and the date of the entry.

39. Hospital.— In every prison an hospital or proper place for the reception of sick prisoners shall be provided.

CHAPTER IX

VISITS TO PRISONERS

40. Visits to civil and unconvicted criminal prisoners.— Due provision shall be made for the admission, at proper times and under proper restrictions, into every prison of persons with whom civil or unconvicted criminal prisoners may desire to communicate, care being taken that so far as may be consistent with the interests of justice, prisoners under trial may see their duly qualified legal advisers without the presence of any other person.

41. Search of visitors.— (1) The Jailer may demand the name and address of any visitor to a prisoner, and, when the Jailer has any ground for suspicion, may search any visitor, or cause him to be searched but the search shall not be made in the presence of any prisoner or of another visitor.

(2) In case of any such visitor refusing to permit himself to be searched, the Jailer may deny him admission; and the grounds of such proceeding, with the particulars thereof, shall be entered in such record as the [34][Provincial Government] may direct.

CHAPTER X

OFFENCES IN RELATION TO PRISONS

42. Penalty for introduction or removal of prohibited articles into or from prison and communication with prisoners.— Whoever, contrary to any rule under section [35][59] introduces or removes or attempts by any means whatever to introduce or remove, into or from any prison, or supplies or attempts to supply to any prisoner outside the limits of a prison, any prohibited article,

and every officer of a prison who, contrary to any such rule, knowingly suffers any such article to be introduced into or removed from any prison, to be possessed by any prisoner, or to be supplied to any prisoner outside the limits of a prison,

and whoever, contrary to any such rules, communicates or attempts to communicate with any prisoner,

and whoever abets any offence made punishable by this section,

shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding six months, or to fine not exceeding two hundred rupees, or to both.

43. Power to arrest for offence under section 42.— When any person, in the presence of any officer of a prison, commits any offence specified in the last foregoing section, and refuses on demand of such officer to state his name and residence, or gives a name or residence which such officer knows, or has reason to believe, to be false, such officer may arrest him, and shall without unnecessary delay make him over to a Police-officer, and thereupon such Police-officer shall proceed as if the offence had been committed in his presence.

44. Publication of penalties.— The Superintendent shall cause to be affixed, in a conspicuous place outside the prison, a notice in English and the Vernacular setting forth the acts prohibited under section 42 and the penalties incurred by their commission.

CHAPTER XI

PRISON-OFFENCES

45. Prison-offences.— The following acts are declared to be prison-offences when committed by a prisoner:-

(1) such wilful disobedience to any regulation of the prison as shall have been declared by rules made under section 59 to be a prison-offence;

(2) any assault or use of criminal force;

(3) the use of insulting or threatening language;

(4) immoral or indecent or disorderly behaviour;

(5) wilfully disabling himself from labour;

(6) contumaciously refusing to work;

(7) filing, cutting, altering or removing handcuffs, fetters or bars without due authority;

(8) wilful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment.

(9) wilful mismanagement of work by any prisoner sentenced to rigorous imprisonment;

(10) wilful damage to prison-property;

(11) tampering with or defacing history-tickets, records or documents;

(12) receiving, possessing or transferring any prohibited article;

(13) feigning illness;

(14) wilfully bringing a false accusation against any officer or prisoner;

(15) omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any fire, any plot or conspiracy, any escape, attempt or preparation to escape, and any attack or preparation for attack upon any prisoner or prison-official; and

(16) conspiring to escape, or to assist in escaping, or to commit any other of the offences aforesaid.

46. Punishment of such offences.— The Superintendent may examine any person touching any such offence, and determine thereupon, and punish such offence by-

(1) a formal warning:

Explanation— A formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment book and on the prisoner’s history-ticket;

(2) change of labour to some more irksome or severe form [36][for such period as may be prescribed by rules made by the [37][Provincial Government];

(3) hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment;

(4) such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the [38][Provincial Government];

(5) the substitution of gunny or other coarse fabric for clothing of other material, not being woollen, for a period which shall not exceed three months;

(6) imposition of handcuffs of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the [39][Provincial Government];

(7) imposition of fetters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the [40][Provincial Government];

(8) separate confinement for any period not exceeding [41][three] months;

Explanation— Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hour’s exercise per diem and to have his meals in association with one or more other prisoners;

(9) penal diet, that is, restriction of diet in such manner and subject to such conditions regarding labour as may be prescribed by the [42][Provincial Government]:

Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety-six consecutive hours, and shall not be repeated except for a fresh offence nor until after an interval of one week;

(10) cellular confinement for any period not exceeding fourteen days:

Provided that after each period of cellular confinement an interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary confinement:

Explanation— Cellular confinement means such confinement with or without labour as entirely secludes a prisoner from communication with, but not from sight of, other prisoners;

[43][* * * * * * * * * * * * *]

[44][(11)] penal diet as defined in clause (9) combined with [45][cellular] confinement [46][* * *];

[47][(12)] whipping, provided that the number of stripes shall not exceed thirty:

Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping.

47. Plurality of punishments under section 46.— [48][(1)] Any two of the punishments enumerated in the last foregoing section may be awarded for any such offence in combination, subject to the following exceptions, namely:-

(1) formal warning shall not be combined with any other punishment except loss of privileges under clause (4) of that section;

(2) penal diet shall not be combined with change of labour under clause (2) of that section, nor shall any additional period of penal diet awarded singly be combined with any period of penal diet awarded in combination with [49][cellular] confinement;

[50][(3) cellular confinement shall not be combined with separate confinement, so as to prolong the total period of seclusion to which the prisoner shall be liable];

(4) whipping shall not be combined with any other form of punishment except cellular [51][and] separate confinement and loss of privilege admissible under the remission system;

[52][(5) no punishment will be combined with any other punishment in contravention of rules made by the [53][Provincial Government].]

[54][(2) No punishment shall be awarded for any such offence so as to combine, with the punishment awarded for any other such offence, two of the punishments which may not be awarded in combination for any such offence].

48. Award of punishments under sections 46 and 47.— (1) The Superintendent shall have power to award any of the punishments enumerated in the two last foregoing sections, subject, in the case of separate confinement for a period exceeding one month, to the previous confirmation of the [55][Director of Prisons].

(2) No officer subordinate to the Superintendent shall have power to award any punishment whatever.

49. Punishments to be in accordance with foregoing sections.— Except by order of a Court of Justice, no punishment other than the punishments specified in the foregoing sections shall be inflicted on any prisoner, and no punishment shall be inflicted on any prisoner otherwise than in accordance with the provisions of those sections.

50. Medical Officer to certify to fitness of prisoner for punishment.— (1) No punishment of penal diet, either singly or in combination, or of whipping, or of change of labour under section 46, clause (2), shall be executed until the prisoner to whom such punishment has been awarded has been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify accordingly in the appropriate column of the punishment-book prescribed in section 12.

(2) If he considers the prisoner unfit to undergo the punishment, he shall in like manner record his opinion in writing and shall state whether the prisoner is absolutely unfit for punishment of the kind awarded, or whether he considers any modification necessary.

(3) in the latter case he shall state what extent of punishment he thinks the prisoner can undergo without injury to his health.

51. Entries in punishment-book.— (1) In the punishment-book prescribed in section 12 there shall be recorded, in respect of every punishment inflicted, the prisoner’s name, register number and the class (whether habitual or not) to which he belongs, the prison-offence of which he was guilty, the date on which such prison-offence was committed, the number of previous prison-offences recorded against the prisoner, and the date of his last prison-offence, the punishment awarded, and the date of infliction.

(2) In the case of every serious prison-offence, the names of the witnesses proving the offence shall be recorded, and, in the case of offences for which whipping is awarded, the Superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner, and the finding with the reasons therefor.

(3) Against the entries relating to each punishment the Jailer and Superintendent shall affix their initials as evidence of the correctness of the entries.

52. Procedure on committal of heinous offence.— If any prisoner is guilty of any offence against prison-discipline which, by reason of his having frequently committed such offences or otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class [56][* * *] having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46:

[57][Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any Magistrate of the first class [58][* * *]:] and

Provided also that no person shall be punished twice for the same offence.

53. Whipping.— (1) No punishment of whipping shall be inflicted in instalments, or except in the presence of the Superintendent and Medical Officer or Medical Subordinate.

(2) Whipping shall be inflicted with a light ratan not less than half an inch in diameter on the buttocks, and in case of prisoners under the age of sixteen it shall be inflicted, in the way of school discipline, with a lighter ratan.

54. Offences by prison subordinates.— (1) Every Jailer or officer of a prison subordinate to him who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority or who shall withdraw from the duties of his office without permission, or without having given previous notice in writing of his intention for the period of two months, or who shall wilfully overstay any leave granted to him, or who shall engage without authority in any employment other than his prison-duty, or who shall be guilty of cowardice, shall be liable, on conviction before a Magistrate, to fine not exceeding two hundred rupees, or to imprisonment for a period not exceeding three months, or to both.

(2) No person shall under this section be punished twice for the same offence.

CHAPTER XII

MISCELLANEOUS

55. Extramural custody, control and employment of prisoners.— A prisoner, when being taken to or from any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of a prison-officer belonging to such prison, shall be deemed to be in prison shall be subject to all the same incidents as if he were actually in prison.

56. Confinement in irons.— Whenever the Superintendent considers it necessary (with reference either to the state of the prison or the character of the prisoners) for the safe custody of any prisoners that they should be confined in irons, he may, subject to such rules and instructions as may be laid down by the [59][Director of Prisons] with the sanction of the [60][Provincial Government], so confine them.

57. Confinement of prisoner under sentence of transportation in irons.— (1) Prisoners under sentence of [61][imprisonment for life] may, subject to any rules made under section [62][59], be confined in fetters for the first three months after admission to prison.

(2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the [63][Director of Prisons] for sanction to their retention for the period for which he considers their retention necessary, and the [64][Director of Prisons] may sanction such retention accordingly.

58. Prisoners not to be ironed by Jailer except under necessity.— No prisoner shall be put in irons or under mechanical restraint by the Jailer of his own authority, except in case of urgent necessity, in which case notice thereof shall be forthwith given to the superintendent.

59. Power to make rules.— [65][The Provincial Government] may make rules consistent with this Act—

(1) defining the act which shall constitute prison-offences;

(2) determining the classification of prison-offences into serious and minor offences;

(3) fixing the punishments admissible under this Act which shall be awardable for commission of prison-offences or classes thereof;

(4) declaring the circumstances in which acts constituting both a prison-offence and an offence under the Pakistan Penal Code may or may not be dealt with as a prison-offence;

(5) for the award of marks and the shortening of sentences; [66][so, however, that a sentence of imprisonment for life is not shortened to a period of imprisonment less than 15 years];

(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape;

(7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released;

[67][(8) for the classification of prisons, and description and construction of wards, cells and other places of detention;

(9) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons];

(10) for the government of prisons and for the appointment of all officers appointed under this Act;

(11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost;

(12) for the employment, instruction and control of convicts within or without prisons;

(13) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited;

(14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour;

(15) for regulating the disposal of the proceeds of the employment of prisoners;

(16) for regulating the confinement in fetters of prisoners sentenced to [68][imprisonment for life];

(17) for the classification and the separation of prisoners;

(18) for regulating the confinement of convicted criminal prisoners under section 28;

(19) for the preparation and maintenance of history-tickets;

(20) for the selection and appointment of prisoners as officers of prisons;

(21) for rewards for good conduct;

(22) for regulating the transfer of prisoners whose term of [69][imprisonment for life or shorter] or imprisonment is about to expire; subject, however, to the consent of the Provincial Government of any other Province to which a prisoner is to be transferred;

(23) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;

(24) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;

(25) for the appointment and guidance of visitors of prisons;

(26) for extending any or all of the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the [70]Code of Criminal Procedure, 1882, and to the officers employed, and the prisoners confined, therein;

(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners; and

(28) generally for carrying into effect the purposes of this Act.

60. [Power of Local Government to make rules]. Repealed by A.O., 1937.

61. Exhibition of copies of rules.— Copies of rules, under [71][section 59] so far as they affect the government of prisons, shall be exhibited, both in English and in the Vernacular, in some place to which all persons employed within a prison have access.

62. Exercise of powers of Superintendent and Medical Officer.— All or any of the powers and duties conferred and imposed by this Act on a Superintendent or Medical Officer may in his absence be exercised and performed by such other officer as the [72][Provincial Government] may appoint in this behalf either by name or by his official designation.

THE SCHEDULE-[ENACTMENTS REPEALED]. Repealed by the Repealing Act, 1938 (I of 1938), section 2 and Schedule.


footnotes:

[1]For statement of objects and reasons, see Gazette of India, 1894, Pt V, p.14; for Report of the Select Committee, see ibid., p. 63, and for Proceedings in Council, see ibid., Pt. VI, pp. 10, 21, 93, 126 and 139.

This Act has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modification, see ibid N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.

It has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. III of 1950), and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.

It has been extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area with effect from 1st June, 1951 see N.W.F.P. Gazette, Extraordinary, dated 1st June, 1951.

[2]Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3 (2) and 4, for “British India”.

[3]Substituted ibid., for the existing sub-section (2), as amended by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951).

[4]Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, for “the Presidency of Bombay outside the City of Bombay”.

[5]Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule, for “Federal Territory of Karachi” which had been Substituted by the Repealing and Amending Ordinance, 1961 (I of 1961), section 3 and 2nd Schedule, for “Capital of the Federation”.

[6]The Civil Jails Act, 1874.

[7]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[8]Ibid.

[9]X of 1882, subsequently substituted by the Code of Criminal Procedure, 1898.

[10]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[11]X of 1882, subsequently replaced by the Code of Criminal Procedure, 1898.

[12]V of 1871, subsequently replaced by the Prisons Act, 1900.

[13]Clause (7-A) was inserted by the Prisons (West Pakistan Amendment) Act, 1958 (XLI of 1958); however, this clause and clause (7) were deleted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962).

[14]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[15]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962).

[16]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[17]Deleted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).

[18]Added by the Prisons (Punjab Amendment) Act, 1926 (IX of 1926).

[19]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[20]Substituted, for “Inspector General”, by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962).

[21]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[22]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “60”.

[23]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.

[24]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[25]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.

[26]The words and figures “or section 60” repealed by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[27]Substituted ibid., for “Local Government”.

[28]Substituted ibid., for “60”.

[29]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.

[30]Ibid.

[31]Substituted by the Prisons (Amendment), Act, 1930 (VI of 1930), section 2, for “eighteen”.

[32]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.

[33]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[34]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[35]Substituted ibid., for “60”.

[36]Inserted by section 2(a) of the Prisons (Amendment) Act, 1925 (XVII of 1925).

[37]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[38]Ibid.

[39]Ibid.

[40]Ibid.

[41]Substituted by the Prisons (Amendment) Act, 1925 (XVII of 1925), for “Six”.

[42]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[43]Original clause (11) was repealed and clauses (12) and (13) were renumbered as (11) and (12), respectively, by the Prisons (Amendment) Act, 1925 (XVII of 1925).

[44]Ibid.

[45]Substituted ibid., for “solitary”.

[46]The words “as defined in clause (11)”, repealed ibid.

[47]Re-numbered ibid.

[48]The original section 47 was renumbered as section 47 (1), by the Prisons (Amendment) Act, 1925 (XVII of 1925).

[49]Substituted ibid., section 2, for “solitary”.

[50]Substituted ibid., section 3.

[51]Substituted by the Repealing and Amending Act, 1914 (X of 1914), section 2 and schedule I, for “or”.

[52]Inserted by the Prisons (Amendment) Act, 1925 (XVII of 1925).

[53]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[54]Inserted by the Prisons (Amendment) Act, 1925 (XVII of 1925).

[55]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962)., for “Inspector General”.

[56]The words “or Presidency Magistrate” which were Inserted by the Prisons (Amendment) Act, 1910 (XIII of 1910), section 2 (1), omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).

[57]Substituted by the Prisons (Amendment) Act, 1910 (XIII of 1910), section 2(2) for the original proviso.

[58]The words “and by a Chief Presidency Magistrate to any other Presidency Magistrate” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).

[59]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.

[60]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[61]Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), for “transportation”.

[62]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “60”.

[63]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.

[64]Ibid.

[65]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “The G.G. in C. may for any part of British India, and each Local Government with the previous sanction of the G.G. in C. may for the territories under its administration”.

[66]Inserted by the Law Reforms Ordinance, 1972 (XII of 1972).

[67]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for the original clauses (8) and (9).

[68]Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), for “transportation”.

[69]Ibid.

[70]X of 1882, subsequently replaced by the Code of Criminal Procedure, 1898 (V of 1898).

[71]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “sections 59 and 60”.

[72]Substituted ibid., for “Local Government”.


Connected: THE PRISONERS ACT, 1900

THE MUSLIM FAMILY LAWS ORDINANCE 1961

THE MUSLIM FAMILY LAWS ORDINANCE 1961

(VIII of 1961)

C O N T E N T S

SECTION HEADING

1. Short title, extent, application and commencement.

2. Definitions.

3. Ordinance to override other laws, etc.

4. Succession.

5. Registration of marriages.

6. Polygamy.

7. Talaq.

8. Dissolution of marriage otherwise than by talaq.

9. Maintenance.

10. Dower.

11. Power to make rules.

12. [Omitted]

13. [Omitted]


[1]THE MUSLIM FAMILY LAWS ORDINANCE 1961

(VIII of 1961)

[2nd March 1961]

An Ordinance to give effect to certain recommendations of the Commission on Marriage and Family Laws

WHEREAS it is expedient to give effect to certain recommendations of the Commission on Marriage and Family Laws;

NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:

1. Short title, extent, application and commencement.– (1) This Ordinance may be called the Muslim Family Laws Ordinance, 1961.

(2) It extends to the whole of [2][the Punjab], and applies to all Muslim citizens of Pakistan, wherever they may be.

[3][(3) It shall come into force at once.]

[4][2. Definitions.- In this Ordinance:

(a) “Arbitration Council” means a body consisting of the Chairman and representative of each of the parties to a matter under the Ordinance; and, in case any party fails to nominate a representative within the prescribed time, the body formed without such representative shall be the Arbitration Council;

(b) “Chairman” means the Chairman of a Union Council, Union Administration or Municipal Committee or any officer authorized by the Government to discharge the functions of the Chairman under the Ordinance and where the Chairman is a non-Muslim or he himself wishes to make an application to the Arbitration Council, or is, owing to illness or any other reason, unable to discharge the functions of the Chairman, the Arbitration Council shall select one of its Muslim members as Chairman;

(c) “Government” means Government of the Punjab;

(d) “prescribed” means prescribed by rules made under this Ordinance; and

(e) “Union Council” means a Union Council, Municipal Committee, Cantonment Board, a Union Administration or, in case of absence of any of these local governments in a local area, any other comparable body constituted under any law relating to the local governments or local authorities.]

3. Ordinance to override other laws, etc.– (1) The provisions of this Ordinance shall have effect notwithstanding any law, custom or usage, and the registration of Muslim marriages shall take place only in accordance with those provisions.

(2) For the removal of doubt, it is hereby declared that the provisions of the Arbitration Act, 1940[5], the Code of Civil Procedure, 1908[6], and any other law regulating the procedure of courts shall not apply to any Arbitration Council.

4. Succession.– In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive.

5. Registration of marriages.– (1) Every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this Ordinance.

[7][(2) For the purpose of registration of marriages under this Ordinance, the Union Council shall grant licenses to one or more persons, to be called Nikah Registrars.]

(3) Every marriage not solemnized by the Nikah Registrar shall, for the purpose of registration under this Ordinance, be reported to him by the person who has solemnized such marriage.

(4) Whoever contravenes the provisions of sub-section (3) shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

(5) The form of nikahnama, the registers to be maintained by Nikah Registrars, the records to be preserved by Union Councils, the manner in which marriages shall be registered and copies of nikahnama shall be supplied to the parties, and the fees to be charged therefor, shall be such as may be prescribed.

(6) Any person may, on payment of the prescribed fee, if any, inspect at the office of the Union Council the record preserved under sub-section (5), or obtain a copy of any entry therein.

6. Polygamy.– (1) No man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under sub-section (1) shall be submitted to the Chairman in the prescribed manner, together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.

[8][(2A) The Nikah Registrar or the person who solemnizes a Nikah shall accurately fill all the columns of the nikahnama form with specific answers of the bride or the bridegroom.]

(3) On receipt of the application under sub-section (2), the Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for.

[9][(4) If a person contravenes the provision of:

(i) subsection (2A), he shall be punished to simple imprisonment for a term which may extend to one month and fine of twenty five thousand rupees; and

(ii) subsection (3), he shall be punished to simple imprisonment for a term which may extend to three months and fine of one hundred thousand rupees.]

(5) Any man who contracts another marriage without the permission of the Arbitration Council shall,

(a) pay immediately the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and

[10][(b) on conviction upon complaint be punishable with the simple imprisonment which may extend to one year and with fine of five hundred thousand rupees.]

7. Talaq.– (1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.

(2) Whoever, contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

(3) Save as provided in sub-section (5), a talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman.

(4) Within thirty days of the receipt of notice under sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.

(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effect until the period mentioned in sub-section [11][(3)] or the pregnancy, whichever be later, ends.

(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.

8. Dissolution of marriage otherwise than by talaq.– Where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolves the marriage otherwise than by talaq, the provisions of section 7 shall, mutatis mutandis and so far as applicable, apply.

9. Maintenance.– (1) If any husband fails to maintain his wife adequately, or where there are more wives than one, fails to maintain them equitably, the wife, or all or any of the wives, may, in addition to seeking any other legal remedy available, apply to the Chairman who shall constitute an Arbitration Council to determine the matter, and the Arbitration Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband.

[12][(1A) If a father fails to maintain his child, the mother or grandmother of the child may, in addition to seeking any other legal remedy, apply to the Chairman who shall constitute an Arbitration Council and the Arbitration Council may issue a certificate specifying the amount which shall be paid by the father as maintenance of the child.]

(2) A husband or wife may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision of the certificate, [13][to the Collector] concerned and his decision shall be final and shall not be called in question in any Court.

(3) Any amount payable under sub-section (1) or (2), if not paid in due time, shall be recoverable as arrears of land revenue [14][:]

[15][Provided that the Commissioner of a Division may, on an application made in this behalf and for reasons to be recorded, transfer an application for revision of the certificate from a Collector to any other Collector, or to a Director, Local Government, or to an Additional Commissioner in his Division.]

10. Dower.– Where no details about the mode of payment of dower are specified in the nikahnama or the marriage contract, the entire amount of the dower shall be presumed to be payable on demand.

11. Power to make rules.- (1) The [16][[17][Federal Government] in respect of the Cantonment areas and the Provincial Government in respect of other areas] may make rules to carry into effect the purposes of this Ordinance.

(2) In making rules under this section, [18][such Government] may provide that a breach of any of the rules shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

(3) Rules made under this section shall be published in the official Gazette, and shall thereupon have effect as if enacted in this Ordinance.

[19][12. * * * * *]

[20][13. * * * * *]


footnote:

[1]In pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President of Pakistan was pleased to make and promulgate this Ordinance which was published in the Gazette of Pakistan, 1961 (Extraordinary), dated 15 July 1961, p. 1128.

This Ordinance was originally in the Federal ambit, however, the subject on which this law was enacted devolved to the provinces by virtue of 18th Amendment in the Constitution, hence, it was adapted, with amendments, for the province of the Punjab by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015).

[2]Substituted for the word “Pakistan” by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015).

[3]Substituted by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015) for the following:

“(3) It shall come into force on such date as the [Federal Government] may, by notification in the official Gazette, appoint in this behalf.”

The words in crotchets were earlier substituted for “Central Government” by the Federal Adaptation Order 1975, Art. 2 and Table (w.e.f. 28th July 1975).

[4]Substituted by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015) for the following:

“2. Definitions.– In this Ordinance, unless there is anything repugnant in the subject or context:

(a) ‘Arbitration Council’ means a body consisting of the Chairman and representative of each of the parties to a matter deal with in this Ordinance:

Provided that where any party fails to nominate a representative within the prescribed time, the body formed without such representative shall be the Arbitration Council;

(b) ‘Chairman’ means the Chairman of the Union Council or a person appointed by the Central or a Provincial Government, or by an officer authorized in that behalf by any such Government, to discharge the functions of Chairman under this Ordinance:

Provided that where the Chairman of the Union Council is non-Muslim or he himself wishes to make an application to ‘the Arbitration Council, or is owing to illness or any other reason, unable to discharge the functions of Chairman, the Council shall select one of its Muslim members as Chairman for the purposes of this Ordinance;

(c) ‘Prescribed’ means prescribed by rules made under section 11;

(d) ‘Union Council’ means the Union Council or the Town Committee constituted under the Basic Democracies Order, 1959 (P.O (No, 18 of 1959), and having in the matter jurisdiction as prescribed;

(e) ‘Ward,’ mean a ward within a Union or Town as defined in the aforesaid Order.”

[5]X of 1940

[6]V of 1908

[7]Substituted by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015) for the following:

“(2) For the purpose of registration of marriages under this Ordinance, the Union Council shall grant licences to one or more persons, to be called Nikah Registrars, but in no case shall more than one Nikah Registrar be licensed for any one Ward.”

[8]New sub-section (2A) inserted by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015).

[9]Substituted by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015) for the following:

“(4) In deciding the application, the Arbitration Council shall record its reasons for the decision, and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision [to the Collector] concerned and his decision shall be final and shall not be called in question in any Court.”

The words in crotchets were earlier substituted for “, in the case of West Pakistan to the Collector and, in the case of East Pakistan, to the Sub-Divisional Officer” by the Federal Adaptation Order 1975, Art. 2 and Sch (w.e.f. 28th July 1975).

[10]Substituted by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015) for the following:

“(b) on conviction upon complaint be punishable with simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.”

[11]Substituted for “(2)”, by the Muslim Family Laws (Second Amendment) Ordinance 1961 (XXX of 1961).

[12]New sub-section (1A) inserted by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015).

[13]Substituted for “, in the case of West Pakistan to the Collector and, in the case of East Pakistan, to the Sub-Divisional Officer” by the Federal Adaptation Order 1975, Art. 2 and Sch (w.e.f. 28th July 1975).

[14]Substituted for the full-stop by the Muslim Family Laws (Punjab Amendment) Act, 1975 (XI of 1975).

[15]Proviso added by the Muslim Family Laws (Punjab Amendment) Act, 1975 (XI of 1975).

[16]Substituted for “Provincial Government”, by the Central Adaptation of Laws Order, 1964, Art 2 & Sch.

[17]Substituted for “Central Government”, by the Federal Adaptation Order 1975, Art 2 and Table (w.e.f. 28th July 1975).

[18]Substituted for “ the Provincial Government”, by the Central Adaptation of Laws Order, 1964, Art 2 & Sch.

[19] The following section 12 omitted by the Federal Laws (Revision and Declaration) Ordinance 1981 (XXVII of 1981), s.3 and Sch II.

“12. Amendment of Child Marriage Restraint Act, 1929 (XIX of 1929).– In the Child Marriage Restraint Act. 1929 (XIX of 1929)-

(1) In section 2; —

(a) in clause (a) for the word ‘fourteen’ the word sixteen’ shall be substituted ;

(b) in clause (c), the word ‘and’ shall be omitted, and

(c) in clause (d), for the full-stop at the end, a comma shall be substituted and thereafter the following new clause (e) shall be added, namely :-

(e) ‘Union Council’ means the Union Council or the Town Committee constituted under the Basic Democracies Order, 1959 (P.O. No. 18 of 1959), within whose jurisdiction a child marriage is or is about to be solemnized.’

(2) Section 3 shall be omitted.

(3) In section 4, for words ‘twenty-one’ the word ‘eighteen’ shall be substituted.

(4) In section 9, after the words ‘under this Act’, the words ‘except on a complaint made by the Union Council, or if there is no Union Council in the area, by such authority as the Provincial Government may in this behalf prescribe, and such cognizance shall in no case be taken’ shall be inserted ; and

(5) Section 11 shall be omitted.”

[20] The following section 13 omitted by the Federal Laws (Revision and Declaration) Ordinance 1981 (XXVII of 1981), s.3 and Sch II.

“13. Amendment of the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939) .– In the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939), in section 2:

(a) After clause (ii), the following new clause (ii-a) shall be inserted, namely

“(ii-a) that the husband has taken any additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;” and

(b) In clause (vii), for the word ‘fifteen’ the word ‘sixteen’ shall be substituted.”


THE MUSLIM FAMILY LAWS (PUNJAB AMENDMENT) ACT, 1975

(Pb Act XI of 1975)

C O N T E N T S

SECTIONS

1. Short title, extent and commencement.

2. Amendment of section 9 of Ordinance No. VIII of 1961.

[1]THE MUSLIM FAMILY LAWS (PUNJAB AMENDMENT) ACT, 1975

(Pb Act XI of 1975)

[11 March 1975]

An Act further to amend the Muslim Family Laws Ordinance, 1961, in its application to the Province of the Punjab

Preamble.— WHEREAS it is expedient further to amend the Muslim Family Laws Ordinance, 1961, in its application to the Province of the Punjab, in the manner hereinafter appearing;

It is hereby enacted as follows:-

1. Short title, extent and commencement.— (1) This Act may be called the Muslim Family Laws (Punjab Amendment) Act, 1975.

(2) It shall extend to the whole of the Punjab.

(3) It shall come into force at once.

2. Amendment of section 9 of Ordinance No. VIII of 1961.— In the Muslim Family Laws Ordinance, 1961, in its application to the Province of the Punjab, in section 9, in sub-section (2), the full-stop occurring at the end shall be replaced by a colon and thereafter the following proviso shall be added, namely:-

“Provided that the Commissioner of a Division may, on an application made in this behalf and for reasons to be recorded, transfer an application, for revision of the certificate from a Collector to any other Collector, or Commissioner in his Division”.

[1]This Act was passed by the Punjab Assembly on 14th February 1975; assented to by the Governor of the Punjab on 11th March, 1975 and, published in the Punjab Gazette (Extraordinary), dated 11th March, 1975, pages 167-C to 167-D.


 

THE MUSIC IN MUSLIM SHRINES ACT 1942

THE MUSIC IN MUSLIM SHRINES ACT, 1942 [Pakistan]

(Punjab Act VII of 1942)

C O N T E N T S

SECTIONS

1. Short title and extent.

2. Definitions.

3. Punishment for singing or dancing in Muslim Shrines.

4. Punishment for abetment.

5. Procedure.


[1]THE MUSIC IN MUSLIM SHRINES ACT, 1942

(Punjab Act VII of 1942)

[1 May 1942]

An Act to restrict singing and dancing in Muslim Shrines

It is hereby enacted as follows:-

1. Short title and extent.— (1) This Act may be called the Music in Muslim Shrines Act, 1942.

(2) It extends to the whole of the Punjab.

2. Definitions.— For the purposes of this Act the expression “Muslim Shrine” shall mean a shrine of a recognised Muslim saint and shall include the premises of the shrine and the premises owned by and attached to the shrine.

3. Punishment for singing or dancing in Muslim Shrines.— If any woman or girl sings to the accompaniment of a musical instrument or dances with or without a musical instrument in a Muslim Shrine, she shall be guilty of an offence under this Act and shall be liable on conviction to be punished with fine not exceeding five hundred rupees or with imprisonment of either description for a term not exceeding six months or with both such fine and imprisonment.

4. Punishment for abetment.— If any person abets an offence punishable under the last preceding section, he shall, whether such offence be or be not committed in consequence of such abetment, and notwithstanding anything contained in section 116 of the [2][Pakistan] Penal Code[3], be liable on conviction to be punished with the punishment provided for the offence.

6. Procedure.— An offence punishable under this Act shall be cognizable, bailable, non-compoundable and triable by a magistrate of the first class.


[1]For statement of objects and reasons, see Punjab Government Gazette, 1941, Part V, page 37; for Report of the Select Committee, see ibid., 1941, pages 56-57 and ibid., 1942, pages 13-16; for Proceedings in Assembly, see Punjab Legislative Assembly Debates, Volume IX page 852, Volume XIV, pages 782-89 and Volume XVIII, pages 251-52 and 674-87.

This Act received the assent of the Governor-General on 25th April, 1942, and was published in the Punjab Gazette (Extraordinary), dated: 1st May, 1942.

[2]Substituted, for the word “Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), section 2, Schedule I, Part II.

[3]XLV of 1860.


 

THE POLICE ORDER 2002

THE POLICE ORDER 2002 – Pakistan

(C.E. Order No.22 of 2002)

C O N T E N T S

ARTICLE HEADING

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

RESPONSIBILITIES AND DUTIES OF THE POLICE

3. Attitude and responsibilities of police towards the public.

4. Duties of police.

5. Emergency duties of police with regard to essential services.

CHAPTER III

CONSTITUTION AND ORGANIZATION OF THE POLICE

6. Separate police establishment for each general police area.

7. Constitution of police.

8. Police to be organized on functional basis.

9. Superintendence of police.

10. Administration of the police.

11. Posting of Provincial Police Officer, Capital City Police Officer and Head of Federal Law Enforcement Agency.

12. Term of office of Provincial Police Officer, Capital City Police Officer and Head of a Federal Law Enforcement Agency.

13. Posting of Additional Inspectors General of Police.

14. Appointment of experts.

15. Posting of City Police Officer and District Police Officer.

16. Administration of police in a district.

17. Posting of Deputy Inspector General, Senior Superintendent, Superintendent, Assistant Superintendent, Deputy Superintendent.

18. Separation of investigation function.

18A. Transfer of investigation.

19. Appointment of Director of Police Communications etc.

20. Posting of heads of police training institutions.

21. Constitution of regions and divisions etc.

22. Transfer to other police establishment.

23. Appointment of junior ranks.

24. Oath or affirmation by members of police.

25. Certificate of appointment.

26. Suspension of police officer.

27. General powers of Provincial Police Officer etc.

28. Powers of Provincial Police Officer, Capital City Police Officer and City Police Officer concerning police accounts.

29. Appointment of special police officers.

30. Appointment of additional police.

31. Ministerial staff etc.

CHAPTER IV

RESPONSIBILITIES OF THE HEAD OF DISTRICT POLICE

32. Policing Plan.

33. Relationship of District Police with Zila Nazim etc.

34. Police support to Government functionaries, etc.

35. Responsibility on complaints of neglect and excesses by police.

36. Reference to Police Complaints Authority.

CHAPTER V

DISTRICT PUBLIC SAFETY COMMISSION

37. Establishment.

38. Composition.

39. Appointment of Chairperson.

40. Meeting in the absence of the Chairperson.

41. Selection of independent members.

42. Functions of the Selection Panel.

43. Selection criteria of independent members.

44. Functions of the District Public Safety Commission.

45. Terms of members of the District Public Safety Commission.

46. Removal of members.

47. Meetings and conduct of business of the District Public Safety Commission.

48. Secretariat.

CHAPTER VI

CAPITAL CITY DISTRICT PUBLIC SAFETY COMMISSION

49. Establishment.

50. Composition.

51. Appointment of Chairperson.

52. Meeting in the absence of the Chairperson.

53. Selection of independent members.

54. Functions of the Selection Panel.

55. Selection criteria of independent members.

56. Functions of the Capital City District Public Safety Commission.

57. Terms of members of the Capital City District Public Safety Commission.

58. Removal of members.

59. Meetings and conduct of business of the Capital City District Pubic Safety Commission.

60. Secretariat.

CHAPTER VII

ISLAMABAD DISTRICT PUBLIC SAFETY COMMISSION

61. Establishment.

62. Composition.

63. Appointment of Chairperson.

64. Meeting in the absence of the Chairperson.

65. Selection of independent members.

66. Functions of the Selection Panel.

67. Selection criteria of independent members.

68. Functions of Islamabad District Public Safety Commission.

69. Terms of members of the Islamabad District Public Safety Commission.

70. Removal of members.

71. Meetings and conduct of business of the Islamabad District Public Safety Commission.

72. Secretariat.

CHAPTER VIII

THE PROVINCIAL PUBLIC SAFETY COMMISSION

73. Establishment.

74. Composition.

75. Appointment of Chairperson.

76. Meeting in the absence of the Chairperson.

77. Selection of independent members.

78. Functions of the Selection Panel.

79. Selection criteria of independent members.

80. Functions of the Provincial Public Safety Commission.

81. Terms of members of the Provincial Public Safety Commission.

82. Removal of members.

83. Meetings and conduct of business of the Provincial Public Safety Commission.

84. Secretariat.

CHAPTER IX

THE NATIONAL PUBLIC SAFETY COMMISSION

85. Establishment.

86. Composition.

87. Appointment of Chairperson.

88. Meeting in the absence of the Chairperson.

89. Selection of independent members.

90. Functions of the Selection Panel.

91. Selection criteria of independent members.

92. Functions of the National Public Safety Commission.

93. Terms of members of the National Public Safety Commission.

94. Removal of members.

95. Meetings and conduct of business of the National Public Safety Commission.

96. Secretariat.

CHAPTER X

POLICE COMPLAINTS AUTHORITIES

97. Establishment of Federal Police Complaints Authority.

98. Composition.

99. Criteria and terms of the members.

100. Functions of the Federal Police Complaints Authority.

101. Secretariat.

102. Removal of the members.

103. Establishment of Provincial Police Complaints Authority.

104. Composition.

105. Criteria and terms of the members.

106. Functions of the Provincial Police Complaints Authority.

107. Secretariat.

108. Removal of the members.

CHAPTER XI

CRIMINAL JUSTICE COORDINATION COMMITTEE

109. Establishment.

110. Composition.

111. Functions of the Criminal Justice Coordination Committee.

CHAPTER XII

REGULATION, CONTROL AND DISCIPLINE OF THE POLICE

112. Rule making by Provincial Police Officer or Islamabad Capital City Police Officer.

113. Punishments.

114. Code of Conduct.

115. Police officer at any time liable to be called for duty.

116. Withdrawal from duty and resignation, etc.

117. Police officer not to engage in any other employment.

CHAPTER XIII

POWERS TO ISSUE ORDERS

118. Power to issue orders.

119. Power to give direction to the public.

120. Regulation of public assemblies and processions and licensing of same.

121. Powers with regard to assemblies and processions violating the conditions of licence.

122. Power to prohibit certain acts for prevention of disorder.

123. Power to give directions against serious disorder at places of amusement, etc.

124. Erecting of barriers in streets, etc.

125. Power to search suspected persons or vehicles in street, etc.

CHAPTER XIV

SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SECURITY

126. Employment of additional police to keep peace.

127. Employment of additional police at the cost of organizers, etc.

128. Compensation for injury caused by unlawful assembly.

129. Recovery of amount payable under Articles 126 and 127.

130. Recovered amount to go to treasury.

131. Banning of use of dress resembling uniform of police or armed forces.

132. Control of camps, parades, etc.

133. Authority of Head of District Police over the village police.

CHAPTER XV

RESPONSIBILITIES OF POLICE IN RELATION TO UNCLAIMED PROPERTY

134. Police to make inventory of unclaimed property, etc.

135. Procedure for disposal of unclaimed property.

136. Delivery of property to person entitled.

137. Disposal of property, if no claimant appears.

CHAPTER XVI

OFFENCES AND PUNISHMENTS

138. Causing mischief in street by animal or vehicle.

139. Causing obstruction in a street.

140. Wilful or negligent conduct in respect of dogs.

141. Penalty for offences under Articles 138 to 140.

142. Suffering disorderly conduct.

143. Penalty for contravening orders, etc. under Article 118.

144. Penalties for contravention of order, etc. under Article 119 and Articles 122 and 123.

145. Penalty for contravention of orders under Articles 131 and 132.

146. Penalty for obtaining employment as a police officer through fraudulent means.

147. Warning to first offender.

148. Defiling water in public wells, etc.

149. False alarm of fire, etc.

150. Penalty for contravention of orders made under Article 124.

151. Penalty for unauthorized use of police uniform.

152. Penalty for frivolous or vexatious complaint.

153. Certain offences to be cognizable.

154. Power to try offences summarily.

CHAPTER XVII

OFFENCES BY AND PUNISHMENTS FOR POLICE OFFICERS

155. Penalty for certain types of misconduct by police officers.

156. Penalty for vexatious entry, search, arrest, seizure of property, torture, etc.

157. Penalty for unnecessary delay in producing arrested persons in courts.

CHAPTER XVIII

NATIONAL POLICE MANAGEMENT BOARD

158. Establishment.

159. Composition.

160. Functions of the National Police Management Board.

161. Meeting and conduct of business of the Board.

162. National Police Bureau.

CHAPTER XIX

MISCELLANEOUS

163. Provision of advice and assistance to International Organizations etc.

164. Coordination by Federal Government.

165. Constitution of Promotion Boards etc.

166. Criminal Statistics and reports.

167. Maintenance of Daily Diary at a police station.

168. Citizen Police Liaison Committees.

169. Public Safety Fund.

170. Officers holding charge of or succeeding to vacancies competent to exercise powers.

171. No police officer to be liable to any penalty or payment of damages on account of acts done in good faith in pursuance of duty.

172. Suits or prosecutions in respect of acts done under colour of duty not to be entertained if not instituted within the prescribed period.

173. Notice of suit to be given with sufficient description of wrong complained of.

174. Licences and written permissions to specify conditions, etc.

175. Revocation of licence or permission.

176. When licence or permission is revoked, the grantee would be deemed to be without licence.

177. Grantee to produce licence and written permission when required.

178. Public notices how to be given.

179. Consent of competent authority how to be proved.

180. Signature on notices may be stamped.

181. Persons interested may apply to annul, reverse or alter any rule or order.

182. Notification of rules and regulations in the official Gazette.

183. Powers to prosecute under any other law not affected.

184. [Omitted].

185. Repeal and savings.

186. Existing police deemed to be constituted under this Order.

187. Power to remove difficulties.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE


[1]THE POLICE ORDER 2002

(C.E. Order No.22 of 2002)

14 August 2002

An Order to reconstruct and regulate the police;

WHEREAS the police has an obligation and duty to function according to the Constitution, law, and democratic aspirations of the people;

AND WHEREAS such functioning of the police requires it to be professional, service-oriented, and accountable to the people;

AND WHEREAS it is expedient to redefine the police role, its duties and responsibilities;

AND WHEREAS it is necessary to reconstruct the police for efficient prevention and detection of crime, and maintenance of public order;

AND WHEREAS the Chief Executive is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No.1 of 1999, and in exercise of all powers enabling him in that behalf, the Chief Executive of the Islamic Republic of Pakistan is pleased to make and promulgate the following Order:-

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.– (1) This Order may be called the Police Order, 2002.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once [2][except in the Islamabad Capital Territory where it shall come into force on the date the local government assume office in the said territory.]

2. Definitions.– (1) In this Order, unless the context otherwise requires,–

(i) ‘Administration’ includes management of administrative, operational and financial functions;

(ii) ‘Capital City Police Officer’ means the head of police of a general police area of the capital city district who is not below the rank of Additional Inspector General of Police and is posted under Article 11;

(iii) ‘City Police Officer’ means the head of police of a general police area of the city district who is not below the rank of Deputy Inspector General of Police and is posted under Article 15;

(iv) ‘Code’ means the Code of Criminal Procedure, 1898 (Act V of 1898);

(v) ‘Commission’ means a Public Safety Commission established under this Order at the national, provincial, or district level;

(vi) ‘District’ means the district as defined in a Local Government Law;

(vii) ‘District Police Officer’ means the head of police of a district who is not below the rank of Senior Superintendent of Police and is posted under Article 15;

(viii) ‘Federal Law Enforcement Agencies’ include Federal Investigation Agency, Pakistan Railway Police, Anti-narcotics Force, Pakistan Motorway and Highway Police, Islamabad Police, Frontier Constabulary, and any other Federal or Provincial organization notified as such by the Government from time to time;

(ix) ‘General Police Area’ means a capital city district, a part of a province, or any territory for which separate police is established under Article 6;

(x) ‘Government’ means the appropriate Government;

(xi) ‘Head of District Police’ means a District Police Officer, City Police Officer or a Capital City Police Officer;

(xii) ‘junior ranks’ means members of the police of and below the rank of Inspector as set out in the First Schedule;

(xiii) ‘person’ includes community, a company, or corporation;

(xiv) ‘Place’ includes–

(a) any building, tent, booth or other structure, whether permanent or temporary; and

(b) any area, whether enclosed or open;

(xv) ‘place of public amusement’ means any place where music, singing, dancing or game or any other amusement, diversion, or recreation or the means of carrying on the same is provided etc. to which the public are admitted either on payment of money or with the intention that money may be collected from those admitted;

(xvi) ‘place of public entertainment’ means any place of boarding and lodging to which public are admitted by any person owning, or having any interest in, or managing, such place;

(xvii) ‘Provincial Police Officer’ means head of the police of a general police area of the rank of Inspector General of Police posted under Article 11;

(xviii) ‘Police Officer’ means a member of the police who is subject to this Order;

(xix) ‘Police or Police Establishment’ means the police referred to in Article 6 and includes–

(a) all persons appointed as special police officers or additional police officers under this Order; and

(b) all other employees of the police;

(xx) ‘prescribed’ means prescribed by rules made under this Order;

(xxi) ‘property’ means any moveable property, money or valuable security;

(xxii) ‘public place’ means any place to which the public may have access;

(xxiii) ‘rules’ means rules made under this Order;

(xxiv) ‘schedule’ means a schedule to this Order;

(xxv) ‘senior ranks’ means members of the police above the rank of Inspector as set out in the First Schedule;

(xxvi) ‘street’ includes any highway, bridge, way, causeway, arch, road, lane, footway, square, alley or passage, whether or not it is a thoroughfare and to which the public have access, whether permanently or temporarily; and

(xxvii) ‘vehicle’ includes any conveyance of any description mechanically propelled or otherwise.

(2) All references in respect of District Superintendent of Police in any law in force shall mean Head of District Police posted under Article 11 and Article 15.

CHAPTER II

RESPONSIBILITIES AND DUTIES OF THE POLICE

3. Attitude and responsibilities of police towards the public.– It shall be the duty of every police officer to–

(a) behave with the members of the public with due decorum and courtesy;

(b) promote amity;

(c) guide and assist members of the public particularly the poor, disabled or physically weak and children who are either lost or find themselves helpless on the streets or other public places; and

(d) aid individuals who are in danger of physical harm particularly women and children.

4. Duties of police– (1) Subject to law, it shall be the duty of every police officer to–

(a) protect life, property and liberty of citizens;

(b) preserve and promote public peace;

(c) ensure that the rights and privileges, under the law, of a person taken in custody, are protected;

(d) prevent the commission of offences and public nuisance;

(e) collect and communicate intelligence affecting public peace and crime in general;

(f) keep order and prevent obstruction on public roads and in the public streets and thoroughfares at fairs and all other places of public resort and in the neighbourhood of and at the places of public worship;

(g) regulate and control traffic on public roads and streets;

(h) take charge of all unclaimed property and to prepare its inventory;

(i) detect and bring offenders to justice;

(j) apprehend all persons whom he is legally authorised to apprehend and for whose apprehension, sufficient grounds exist;

(k) ensure that the information about the arrest of a person is promptly communicated to a person of his choice;

(l) enter and inspect without a warrant on reliable information any public place, shop or gaming-house where alcoholic drinks or narcotics are sold or weapons are illegally stored and other public places of resort of loose and disorderly characters;

(m) obey and promptly execute all lawful orders;

(n) perform other duties and exercise powers as are conferred by this Order, the Code or any other law for the time being in force;

(o) aid and co-operate with other agencies for the prevention of destruction of public property by violence, fire, or natural calamities;

(p) assist in preventing members of public from exploitation by any person or organized groups;

(q) take charge of lunatics at large to prevent them from causing harm to themselves or other members of the public and their property; and

(r) prevent harassment of women and children in public places.

(2) Police officer shall make every effort to–

(a) afford relief to people in distress situations, particularly in respect of women and children;

(b) provide assistance to victims of road accidents;

(c) assist accident victims or their heirs or their dependants, where applicable, with such information and documents as would facilitate their compensation claims; and

(d) cause awareness among the victims of road accidents of their rights and privileges.

(3) It shall be the duty of a police officer to lay information before a competent court and to apply for a summons, warrant, search warrant or such other legal process as may, by law, be issued against any person suspected of committing an offence.

5. Emergency duties of police with regard to essential services.– (1) The Government may, in an emergency, by notification in the official Gazette, declare any specified service to be an essential service to the community.

(2) Upon a declaration being made under clause (1) and so long as it remains in force, it shall be the duty of every police officer to obey any lawful order given by a senior police officer in relation to the declaration.

CHAPTER III

CONSTITUTION AND ORGANIZATION OF THE POLICE

6. Separate police establishment for each general police area.– The Government shall maintain a separate police establishment for every general police area.

7. Constitution of police.– (1) The police establishment for each general police area shall consist of such numbers in the senior and junior ranks and have such organization as the Government may from time to time determine.

(2) The recruitment criteria, pay and allowances and all other conditions of service of the police shall be such as the Government may from time to time determine.

[3][(3) The recruitment in the police other than ministerial and specialist cadres shall be in the rank of Constable, Sub-Inspector and Assistant Superintendent of Police.]

[4][(3a) The selection for direct recruitment in the rank of Constable shall be made on the basis of district of domicile.

(3b) The selection for direct recruitment in the rank of Sub-Inspector shall be made through Punjab Public Service Commission on the basis of police region in which district of domicile of the candidate is located and shall not exceed fifty percent of total posts in the rank of Sub-Inspector.

(3c) Subject to the rules–

(a) twenty-five percent of the quota reserved for departmental promotion to the rank of Sub-Inspector shall be filled through selection-on-merit by Punjab Public Service Commission from amongst police officers holding bachelor’s degree in the rank of Head Constable and Assistant Sub-Inspector; and

(b) twenty-five percent departmental promotions to the rank of Assistant Sub-Inspector shall be made through selection-on-merit by Punjab Public Service Commission from amongst police officers holding bachelor’s degree in the rank of Constable and Head Constable.]

(4) The recruitment in the rank of Assistant Superintendent of Police shall be through the Federal Public Service Commission on all Pakistan basis.

(5) [5][* * * * * * * * * * *]

(6) Every police officer while on police duty shall have all the powers and privileges of a police officer throughout Pakistan and be liable to serve at any time in any branch, division, bureau and section.

8. Police to be organized on functional basis.– (1) The police establishment constituted under Article 7 shall, as far as practicable, be organised on functional basis into branches, divisions, bureaus and sections.

(2) The branches, divisions, bureaus and sections referred to in clause (1) may include–

(a) Investigation;

(b) Intelligence;

(c) Watch and Ward;

(d) Reserve Police;

(e) Police Accountability;

(f) Personnel Management;

(g) Education and Training;

(h) Finance and Internal Audit;

(i) Crime Prevention;

(j) Crime against Women;

(k) Traffic Planning and Management;

(l) Criminal Identification;

(m) Information Technology;

(n) Transport;

(o) Research and Development;

(p) Legal Affairs;

(q) Welfare;

(r) Estate Management.

(3) The specialist investigators shall be operationally responsible to the officer in-charge of the investigation branch.

(4) Every police officer shall be liable for posting to any branch, division, bureau and section, or anywhere in or outside the police.

(5) Posting to any specialist branch, division, bureau or section shall be subject to necessary training and experience in accordance with the rules.

9. Superintendence of police.– (1) The superintendence of police throughout a general police area shall vest in the appropriate Government.

(2) The power of superintendence under clause (1) shall be so exercised as to ensure that police performs its duties efficiently and strictly in accordance with law.

10. Administration of the police.– (1) Administration of police in a general police area shall vest in the Provincial Police Officer, Capital City Police Officer or City Police Officer posted under Article 11, or Article 15, as the case may be.

(2) The Provincial Police Officer, Capital City Police Officer and City Police Officer, as the case may be, shall exercise such powers and perform such functions and duties and shall have such responsibilities as may be provided by or under this Order and any other law for the time being in force.

(3) The police officers mentioned in clause (1) may for direction and control issue standing orders not inconsistent with the Order or rules made hereunder for the efficient functioning of the police.

(4) Provincial Police Officer shall prepare a provincial annual policing plan for review by the Provincial Public Safety Commission. The plan shall include–

(a) objectives of policing;

(b) financial resources likely to be available during the year;

(c) targets; and

(d) mechanism for achieving these targets.

11. Posting of Provincial Police Officer, Capital City Police Officer and Head of Federal Law Enforcement Agency.– (1) The Provincial Government shall, out of a panel of three police officers recommended [6][***] by the Federal Government, post a police officer of the rank of Inspector General of Police as Provincial Police Officer of the Province:

Provided that before a police officer is posted as Provincial Police Officer under clause (1), the Federal Government shall place his services at the disposal of the Provincial Government.

(2) The Federal Government in the case of Islamabad Capital Territory and the Provincial Government in the case of Capital City District shall post a police officer not below the rank of Additional Inspector General of Police as Capital City Police Officer out of three officers recommended by the National Public Safety Commission, or on the recommendation of the Provincial Police Officer, as the case may be.

(3) The Federal Government shall, out of a panel of three suitable police officers recommended by the National Public Safety Commission post head of a Federal Investigation Agency, Pakistan Railway Police, Pakistan Motorway and Highway Police and Frontier Constabulary.

(4) During temporary absence of the police officers mentioned under clause (1) and clause (2) the next senior officer may exercise all or any of the powers, perform all or any of the functions and duties, and discharge all or any of the responsibilities of the Provincial Police Officer, or Capital City Police Officer, as the case may be.

(5) The Provincial Police Officer, posted under clause (1) shall have administrative and financial powers as ex-officio Secretary to the Provincial Government and other powers under this Order, or any other law for the time being in force and Islamabad Capital City Police Officer posted under clause (2) shall have the same administrative and financial powers.

(6) Subject to job description of each post under the rules, the police officers mentioned in clauses (1) and (2) may, by a general or special order, empower any officer subordinate to him to exercise and perform all or any of the powers, functions or duties to be exercised or performed under this Order.

12. Term of office of Provincial Police Officer, Capital City Police Officer and Head of a Federal Law Enforcement Agency.– (1) The term of office of Provincial Police Officer, Capital City Police Officer and Head of a Federal Law Enforcement Agency posted under Article 11 shall be three years from the date of his posting.

(2) The Provincial Government, with agreement of Provincial Public Safety Commission and the Capital City Public Safety Commission may transfer the Provincial Police Officer or Capital City Police Officer before the expiry of his tenure, as the case may be.

(3) The Provincial Government or the respective Public Safety Commission may initiate the case of premature transfer of the officers mentioned in clause (2) for unsatisfactory performance of duties.

(4) The Federal Government may with the agreement of National Public Safety Commission transfer Islamabad Capital City Police Officer and Head of a Federal Law Enforcement Agency before the expiry of his tenure.

(5) The Federal Government or the National Public Safety Commission may initiate premature transfer of the officer mentioned in clause (4) for unsatisfactory performance of duties:

Provided that before premature transfer of the officers mentioned in clause (3) and clause (5) the appropriate Commission shall give the concerned officer an opportunity of being heard in person.

(6) The Federal Government may, with the agreement of the National Public Safety Commission, recall a Provincial Police Officer or the Capital City Police Officer.

13. Posting of Additional Inspectors General of Police.– The Government may post such number of Additional Inspectors General of Police to assist the Provincial Police Officer, or Capital City Police Officer, as the case may be, in the efficient performance of his duties as it may deem fit, in consultation with the Provincial Police Officer, or Capital City Police Officer, as the case may be.

14. Appointment of experts.– (1) The Government may, on recommendation of the appropriate Public Service Commission, appoint one or more experts to assist the Provincial Police Officer and Capital City Police Officer or City Police Officer.

(2) The qualifications, eligibility, terms and conditions of service of experts shall be as prescribed.

15. Posting of City Police Officer and District Police Officer.– (1) The Provincial Police Officer may post a City Police Officer for a city district notified as a general police area and the District Police Officer in a district within a general police area in consultation with the Government.

(2) The term of office of City Police Officer or District Police Officer, as the case may be, shall be three years from the date of his posting.

(3) The City Police Officer or District Police Officer may be transferred before completion of normal tenure of three years on specific grounds such as inefficiency and ineffectiveness with the concurrence both of the Zila Nazim and the District Public Safety Commission, after he has been heard in person by the District Public Safety Commission.

16. Administration of police in a district.– (1) Subject to this Order, the administration of police throughout a district, other than a capital city district and a city district, shall vest in a District Police Officer posted under Article 15.

(2) The District Police Officer may delegate any of his powers and functions conferred on him to a Superintendent of Police, Assistant or Deputy Superintendent of Police posted under Article 17.

(3) The Capital City Police Officer and the City Police Officer shall have administrative and financial powers of the head of an attached department.

(4) A Capital City Police Officer posted under Article 11 and a City Police Officer posted under Article 15 shall exercise the powers vested in them under clause (3) above and Article 10 subject to the operational control by the Provincial Police Officer.

17. Posting of Deputy Inspector General, Senior Superintendent, Superintendent, Assistant Superintendent, Deputy Superintendent.– (1) Subject to this Order, the Government shall post in consultation with Provincial Police Officer, or Capital City Police Officer, as the case may be, for any part of a general police area or for police headquarters, such number of Deputy Inspectors General of Police as it may deem fit.

(2) Provincial Police Officer or the Capital City Police Officer shall post Senior Superintendents, Superintendents, Assistant and Deputy Superintendents of Police in the general police area.

(3) Every officer posted under clause (1) and clause (2) shall exercise and perform such powers, functions and duties, as assigned to him under this Order, or any other law for the time being in force.

[7][18. Separation of investigation function.– (1) There shall be separation of investigation from other functions of the Police.

(2) Subject to clause (3), the District Investigation Branch shall investigate, under the supervision of the Head of District Investigation Branch, all cases registered in the District.

(3) The Provincial Police Officer may notify the offences which shall be investigated by the investigation officer in the police station under the supervision of the officer-in-charge of the police station and if an offence in a case is required to be investigated by the District Investigation Branch then the entire case shall be investigated by the District Investigation Branch.

(4) The District Investigation Branch, other than in the Capital City District or a City District, shall be headed by a police officer not below the rank of a Superintendent of Police and shall consist of such other police officers as the Provincial Police Officer may determine.

(5) In the Capital City District and a City District, the District Investigation Branch shall be headed by a police officer not below the rank of Deputy Inspector General of Police and Senior Superintendent of Police respectively and shall consist of such other police officers as the Provincial Police Officer may determine.

(6) In order to institute functional specialization in each District, the Provincial Police Officer shall determine the investigation organization and jurisdictions, as and when required, at the level of the District, City District, Capital City District or a division within a City District or the Capital City District.

(7) The members of District Investigation Branch shall not form part of any police station and, as far as possible, the District Investigation Branch shall comprise several specialized wings, each wing being responsible for investigation of one or more types of cases.

(8) The Head of District Investigation Branch shall be directly responsible to the Head of District Police.

(9) The supervisory officers–

(a) shall ensure timely completion and verification of investigation; and

(b) may summon the investigation officer or team of officers, review the case file, evaluate the evidence and, in that case, shall issue instructions to the investigation officer or team of officers in the form of case diary.

(10) A supervisory officer not below the rank of a Deputy Superintendent of Police may verify the correctness of the investigation and accuracy of conclusions of investigation by writing a case diary before submission of report in the court.

(11) An officer-in-charge of the police station shall, immediately after receiving information of an offence, inform the District Investigation Branch of the offence which is required to be investigated by the District Investigation Branch.

(12) If the Head of District Investigation Branch is of the opinion that a case under investigation with the District Investigation Branch is not in its jurisdiction, he shall, under intimation to the Head of District Police, send the case for further investigation to the officer-in-charge of the police station.

(13) If the officer-in-charge of the police station is, for reasons to be recorded, of the opinion that a case under investigation by the police station staff is required to be investigated by the District Investigation Branch, he shall, under intimation to the Head of District Police, send the case for further investigation to the District Investigation Branch.

(14) Except in case of an emergency notified by the Provincial Police Officer for a specified period, the members of District Investigation Branch shall not be employed for duties other than investigation.]

[8][18A. Transfer of investigation.– (1) Within seven working days of the filing of an application, the Head of District Police may, after obtaining opinion of the District Standing Board and for reasons to be recorded in writing, transfer investigation of a case from the investigation officer to any other investigation officer or a team of investigation officers of a rank equal to or higher than the rank of the previous investigation officer.

(2) If the Head of District Police has decided an application for transfer of investigation, the Regional Police Officer may, within seven working days of the filing of an application, after obtaining opinion of the Regional Standing Board and for reasons to be recorded in writing, transfer investigation of a case from the investigation officer or a team of investigation officers to any other investigation officer or a team of investigation officers of a rank equal to or higher than the rank of the previous investigation officer or officers.

(3) If a Regional Police Officer has decided an application for transfer of an investigation, the Provincial Police Officer may, within thirty days of filing of an application, after obtaining opinion of a Standing Review Board, transfer investigation of a case to an investigation officer or a team of investigation officers of a rank equal to or higher than the rank of the previous investigation officer or officers.

(4) A case under investigation with a District Investigation Branch may only be transferred to another officer or a team of officers of the District Investigation Branch, Regional Investigation Branch or Provincial Investigation Branch.

(5) For the purpose of this Article–

(a) ‘District Standing Board’ means the District Standing Board constituted by the Head of District Police consisting of a Superintendent of Police as chairperson and two officers not below the rank of Deputy Superintendent of Police as members;

(b) ‘Regional Standing Board’ means the Regional Standing Board constituted by the Regional Police Officer consisting of a Superintendent of Police as chairperson and two Superintendents of Police as members;

(c) ‘Standing Review Board’ means the Standing Review Board constituted by the Provincial Police Officer consisting of a Deputy Inspector General of Police as chairperson and two officers not below the rank of Superintendent of Police as members; and

(d) reference to Head of District Police and Regional Police Officer in the case of Capital City District shall be construed to mean the Head of District Investigation Branch of the Capital City and the Capital City Police Officer, respectively.]

19. Appointment of Director of Police Communications etc.– Subject to rules, Provincial Police Officer, or Capital City Police Officer, or City Police Officer, as the case may be, may appoint Director of Wireless, Motor Transport and Computer for the whole of the general police area or for any part thereof and such number of officers and staff as may be determined from time to time.

20. Posting of heads of police training institutions.– (1) The Federal Government shall post a police officer of the rank of Inspector General of Police as Commandant of the National Police Academy.

(2) Provincial Police Officer or Capital City Police Officer may post an officer not below the rank of Deputy Inspector General of Police as Commandant of the police training college and an officer not below the rank of Senior Superintendent of Police as Principal of each police training school within the general police area under his charge.

21. Constitution of regions and divisions etc.– (1) The Provincial Police Officer may, with the approval of the Government, constitute police regions.

(2) Within the budgetary allocations, Provincial Police Officer, Capital City Police Officer, or the City Police Officer, as the case may be, may–

(a) divide districts into police divisions, sub-divisions and police stations;

(b) sub-divide the police stations into police posts; and

(c) define the limits and extent of such divisions, sub-divisions, police stations and police posts:

Provided that the limits and extent of such divisions, police stations and police posts shall, as far as practicable, be coterminous with the limits of Tehsils, or Town in a city district and Unions.

(3) A police region under clause (1) shall be headed by a police officer not below the rank of Deputy Inspector General of Police:

Provided that where the size of police establishment is more than ten thousand the region shall be headed by a police officer not below the rank of Additional Inspector General of Police.

(4) A police division shall be under an officer not below the rank of a Superintendent of Police; a police sub-division under an officer not below the rank of an Assistant or Deputy Superintendent of Police; and a police station shall be under an officer of the rank of Inspector [9][or Sub-Inspector] of Police:

Provided that an officer of the rank of Assistant Superintendent of Police may be posted as head of a police station, assisted by Inspectors [10][or Sub-Inspectors] as officer incharge in selected police stations.

22. Transfer to other police establishment.– Subject to rules, the appropriate Government may transfer any police officer appointed under this Order from police constituted for one general police area to another.

23. Appointment of junior ranks.– Subject to rules, Head of District Police shall be the appointing authority for junior ranks.

24. Oath or affirmation by members of police.– (1) Every member of the police shall on appointment make and subscribe before Provincial Police Officer or Capital City Police Officer or City Police Officer, or head of a training institution, an oath or affirmation according to the form set out in the Second Schedule.

(2) Assistant Superintendents of Police shall make and subscribe to the said oath or affirmation before Commandant, National Police Academy.

25. Certificate of appointment.– (1) Officers of junior ranks shall on appointment receive a certificate in the form provided in the Third Schedule. The certificate shall be issued under the seal of such officer as Provincial Police Officer or Capital City Police Officer or City Police Officer may by general or special order direct.

(2) A certificate of appointment shall become null and void whenever the police officer named therein ceases to belong to the police.

26. Suspension of police officer.– (1) Subject to rules, the authority or an officer authorised in this behalf by the authority shall have power to suspend a member of police.

(2) The powers and functions vested in a member of police shall remain suspended while such officer is under suspension:

Provided that notwithstanding his suspension such member shall not cease to be a member of police and shall continue to be subject to the control of the same authorities to which he would have been, but for his suspension.

27. General powers of Provincial Police Officer etc.– Subject to this Order and rules made there-under, Provincial Police Officer and Head of District Police, as the case may be, shall within their respective spheres of authority, direct and regulate all matters of recruitment, training, postings, transfers, promotions, arms, drill, discipline, clothing, distribution of duties, and any other matter concerning the efficient fulfilment of duties by the police under his control.

28. Powers of Provincial Police Officer, Capital City Police Officer and City Police Officer concerning police accounts.– (1) Provincial Police Officer, Capital City Police Officer or City Police Officer shall have authority to investigate and regulate all matters of accounts connected with the police and all persons concerned shall be bound to give reasonable aid and facilities in conducting such investigation and to conform to his orders consequent thereto.

(2) The power of Provincial Police Officer, Capital City Police Officer and City Police Officer to regulate accounts under clause (1) shall be without prejudice to the Auditor General’s authority to audit police accounts.

29. Appointment of special police officers.– (1) Subject to rules, Head of District Police may appoint special police officers for special purposes or occasions when the police available to him is not sufficient to assist the police under his command.

(2) Every special police officer so appointed shall, on appointment–

(a) receive a certificate in the prescribed form;

(b) have the same powers, and immunities and be liable to the same duties and responsibilities and be subject to the same authorities as a regular police officer.

30. Appointment of additional police.– (1) City Police Officer and District Police Officer subject to the approval of the Provincial Police Officer, and Capital City Police Officer may appoint additional police officers of such rank and for such time as he may deem fit for the purposes stated in their employment orders.

(2) Every additional police officer so appointed shall on appointment–

(a) receive a certificate in a form approved by Provincial Police Officer or Capital City Police Officer or City Police Officer, as the case may be;

(b) be vested with all or any of the powers, privileges and duties of a police officer;

(c) be subject to orders of the Capital City Police Officer, City Police Officer and District Police Officer.

(3) The employment of additional police may be made at the request of any person reasonably requiring such police and the cost of such employment shall be recovered in such manner as provided under this Order or rules made there under.

31. Ministerial staff etc.– (1) Subject to rules, Provincial Police Officer, Capital City Police Officer and City Police Officer, as the case may be, may appoint ministerial staff and other employees to assist the police.

(2) Any person employed under clause (1) shall be under the direction and control of Provincial Police Officer, Capital City Police Officer, or City Police Officer, as the case may be.

(3) The powers of direction and control referred to in clause (2) shall include the powers of discipline and dismissal.

(4) Subject to rules, Provincial Police Officer, Capital City Police Officer or City Police Officer, as the case may be, may delegate his powers and authority under this Article to an officer of appropriate rank.

CHAPTER IV

RESPONSIBILITIES OF THE HEAD OF DISTRICT POLICE

32. Policing Plan.– (1) Head of District Police shall prepare an annual Policing Plan consistent with Provincial Policing Plan wherever applicable in consultation with the Zila Nazim in the prescribed manner.

(2) The Policing Plan shall include–

(a) objectives of policing;

(b) financial resources likely to be available during the year;

(c) targets; and

(d) mechanism for achieving these targets.

(3) Head of District Police shall obtain the approval of the plan from the appropriate Public Safety Commission and send copies of the approved plan to Zila Nazim, Tehsil or Town Nazim, Provincial Government, Provincial Public Safety Commission and Provincial Police Officer and in case of Islamabad Capital Territory to Zila Nazim, Islamabad District Public Safety Commission, National Public Safety Commission and Federal Government.

(4) Head of District Police shall prepare a report on the policing of the district during the year and send it to the District Public Safety Commission by end of August.

33. Relationship of District Police with Zila Nazim etc.– (1) Subject to the provisions of this Order, Head of District Police shall be responsible to the Zila Nazim for police functions under this Order but shall not include administration of the district police, investigation of criminal cases and police functions relating to prosecution, which shall rest with the police:

Provided that Zila Nazim may visit a police station to find out if any person is under unlawful detention and in appropriate cases may also direct action in accordance with law having regard to the facts and circumstances of the case.

(2) In case of a difference of opinion between the Zila Nazim and the Provincial Government on any matter concerning the district police, the decision of the Provincial Government shall prevail.

34. Police support to Government functionaries, etc.– (1) Any functionary of the Federal Government, Provincial Government, any statutory body or any body or corporation owned, set up or controlled by any such Government or in which such Government has a controlling share or interest, District Government, Tehsil or Town Municipal Administration or Union Administration, or Cantonment Board may for the discharge of his official duties which in his opinion require police assistance, ask for police support from the concerned police authority of the area and such authority shall provide the requisite support:

Provided that, if for any reason, the police authority is unable to provide the police support requested under this clause it shall forthwith bring the matter through its channel of command to the notice of Head of District Police who shall make arrangement for provision of police support and, where he is unable to provide such support, he shall inform the Zila Nazim accordingly:

Provided further that before making a report to the higher officer, each officer in the chain of command shall make an effort to provide the requisite police support:

Provided also that where any police officer is of the opinion that the request for police support is unnecessary, unlawful or mala fide, he shall, through his channel of command, report to Head of District Police who may seek recourse to the appropriate Public Safety Commission and in that case the decision of the Public Safety Commission shall prevail.

(2) Where the Zila Nazim so directs, the District Coordination Officer shall be responsible for coordination of police support by Head of District Police to the District Government, Tehsil Municipal Administration, Union Administration and Cantonment Board in exigencies threatening law and order, natural calamities and emergencies.

(3) In case of an unlawful or mala fide order issued by any authority, the Head of District Police shall seek recourse to the appropriate Public Safety Commission whose decision shall prevail.

35. Responsibility on complaints of neglect and excesses by police.– (1) Where the Zila Nazim on the basis of any complaint or information has reason to believe that any police official has committed an act of neglect, failure or excess, or the Union Public Safety Committee on its own motion or on receipt of a complaint from an aggrieved person reports to the Zila Nazim about police neglect, failure or excess, the Zila Nazim may direct Head of District Police to take remedial measures, including registration of First Information Report in a cognizable offence in appropriate cases within the period specified by him and the Zila Nazim shall inform the appropriate Public Safety Commission accordingly.

(2) Head of District Police or the concerned competent authority shall immediately take remedial measures, and may suspend the concerned official where necessary, initiate an enquiry and take appropriate action in accordance with law.

(3) Head of District Police shall without delay inform the Zila Nazim and appropriate Public Safety Commission of the action taken by him pursuant to the directions given under clause (1) and forward a copy of the final report of enquiry within forty five days of such directions.

36. Reference to Police Complaints Authority.– Head of District Police and Head of Federal Law Enforcement Agency shall inform the Provincial Police Complaints Authority or the Federal Police Complaint Authority, as the case may be, of any incident or a complaint of rape, death or serious injury to any person in police custody.

CHAPTER V

DISTRICT PUBLIC SAFETY COMMISSION

37. Establishment.– The Provincial Government shall establish a District Public Safety Commission in each district consisting of 8,10 or 12 members depending upon the area and population of the district.

38. Composition.– (1) Half of the members of the District Public Safety Commission shall be elected by the Zila Council, from amongst its councillors on the basis of each member casting only one vote in favour of any contesting candidate through secret ballot.

(2) The other half comprising independent members shall be appointed by the Governor from a list of names recommended by the District Selection Panel.

(3) One third of both the elected and the independent members of the District Public Safety Commission shall be women.

(4) The Naib Zila Nazim shall request the Chairperson of the District Selection Panel to conduct the election of the members of the District Public Safety Commission referred to in clause (1).

(5) The appointment of members shall be notified in the official Gazette.

39. Appointment of Chairperson.– (1) The Chairperson shall be elected by the members from amongst themselves annually alternating between independent and elected members.

(2) The Chairperson shall preside over the meetings of the Commission.

40. Meeting in the absence of the Chairperson.– In the absence of the Chairperson the District Public Safety Commission shall elect one of its member to preside over a meeting.

41. Selection of independent members.– (1) There shall be a Selection Panel for independent members consisting of District and Sessions Judge who shall be its Chairperson and one nominee each of the Provincial Government and the District Government:

Provided that such nominee shall not be elected representative or public servant.

(2) The selection of independent members shall be by consensus.

(3) The selection process shall be completed within thirty days from the commencement of the selection process.

(4) Independent members shall be of impeccable integrity and proven professional competence in such fields as social work, law, administration, education, corporate sector, etc.

42. Functions of the Selection Panel.– The selection panel shall invite applications or nominations from the public for selection of independent members, and after interviewing eligible and willing candidates, forward names of persons twice the number of appointments to be made to the Governor of the Province.

43. Selection criteria of independent members.– A person shall be disqualified from becoming a member of District Public Safety Commission if he–

(a) is an activist of any political party or has held any representative office or has remained a public servant in the six months immediately preceding such appointment;

(b) is found suffering from physical or mental incapacity or illness;

(c) is declared a bankrupt, loan defaulter or tax evader;

(d) is not a citizen of Pakistan;

(e) holds an office of profit in the service of Pakistan;

(f) is in the service of any statutory body or any other body which is owned or controlled by the Government or in which the Government has a controlling share or interest;

(g) has been dismissed, removed or compulsorily retired from the service of Pakistan on grounds of corruption or any other form of misconduct;

(h) is convicted of a criminal offence;

(i) has any conflict of interest; or

(j) is involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society.

44. Functions of the District Public Safety Commission.– The District Public Safety Commission shall perform the following functions including those related to complaints against the police:-

(a) approve an annual Local Policing Plan prepared by the District Police Officer in consultation with the Zila Nazim setting out the arrangements for the policing during the year:

Provided that such Policing Plan shall include–

(i) a statement of the financial resources expected to be made available by the Provincial Government; and

(ii) performance targets for the year and their delivery mechanism;

(b) evaluate the delivery of performance targets contained in the Local Policing Plan on quarterly basis and send half-yearly reports to Zila Nazim, Tehsil Nazim, Provincial Government, Provincial Public Safety Commission and Provincial Police Officer;

(c) encourage police-public cooperation;

(d) provide recourse to District Police Officer or City Police Officer for reporting against any unlawful or mala fide order or request for police support from any authority received by him or any officer subordinate to him and give a decision thereon which shall prevail;

(e) refer the matter in writing to the Provincial Government for appropriate action where the District Public Safety Commission is satisfied that a collusive relationship detrimental to the interest of the people exists between the Zila Nazim and District Police Officer or City Police Officer:

Provided that before making such report the District Police Officer or City Police Officer and the Zila Nazim shall be given an opportunity to be heard in person to explain their respective positions;

(f) direct the District Police Officer or City Police Officer as to disposal of unclaimed property under clause (4) of Article 135.

(g) direct the District Police Officer or City Police Officer in writing, where the District Public Safety Commission has reasons to believe that the head of the police station has unjustifiably refused or avoided to register any First Information Report, to conduct an inquiry into the matter and cause the registration of the First Information Report under section 154 of the Code, if any cognizable case is made out from the allegations of the complainant and report to the District Public Safety Commission within forty-eight hours the action taken by him;

(h) on receipt of a complaint of excess by a police officer–

(i) direct the District Police Officer or City Police Officer in writing to take appropriate action and submit a report within a specified period; or

(ii) conduct a fact finding enquiry through two or more of its members, and in case the complaint is found correct, send its report and direct District Police Officer to suspend the defaulting police officer and take departmental action against him in accordance with the rules;

(iii) report the matter to the Provincial Police Officer, Provincial Government or the Police Complaints Authority for appropriate action if the District Police Officer does not submit a report or take action on the direction given by the District Public Safety Commission;

(i) direct the District Police Officer in writing to enquire into a complaint of neglect in general or by a functionary of a district police and take appropriate action and report within the specified period.

(j) on a complaint of excess committed by any member of Federal Law Enforcement Agency and civil armed forces acting in support of the district police, require the appropriate authority of the concerned department in writing to take remedial action and report within a specified period. If no action is taken by the concerned authority, a reference may be made by the District Public Safety Commissions to the head of concerned organization or the Federal Complaints Authority for appropriate action.

45. Terms of members of the District Public Safety Commission.– (1) The term of office of a member shall be three years unless he resigns at any time before the expiry of his term or ceases to be a member of the Zila Council.

(2) No member shall be eligible for a second term.

(3) Members shall be paid TA and DA for attending meetings, as per rules.

(4) Independent members may be paid honoraria as per rules.

(5) Members shall be Justices of Peace within the district in accordance with the Code.

46. Removal of members.– The Governor on his own volition or on the recommendation of the District Public Safety Commission may remove a member from office if he–

(a) ceases to be a citizen of Pakistan;

(b) is found suffering from physical or mental incapacity or illness;

(c) is guilty of misconduct;

(d) is found to have dealt with any matter in which he had a conflict of interest;

(e) is convicted of a criminal offence;

(f) is declared a bankrupt, loan defaulter or tax evader;

(g) is involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society;

(h) brings the District Public Safety Commission into disrepute;

(i) fails to attend its three consecutive meetings without any reasonable cause.

47. Meetings and conduct of business of the District Public Safety Commission.– (1) The business of the District Public Safety Commission shall be conducted by the Commission in a meeting.

(2) The meeting may be convened by the Chairperson or on the requisition of three members.

(3) Quorum for a meeting of the District Public Safety Commission shall be two third of its total membership.

(4) Members shall attend meetings of the Commission as and when required for which at least a week’s notice, with agenda, shall be given. There shall be minimum of one meeting in a month provided an emergency meeting may be held at a short notice not exceeding twenty four hours.

(5) Decisions of the Commission shall be by simple majority.

(6) District Police Officer or City Police Officer or in their absence their deputy may be invited to attend a meeting, which he shall attend.

(7) The Commission may invite any expert for consultations on specific issues.

(8) The Commission may frame rules of procedure for the conduct of business.

48. Secretariat.– (1) The Government shall establish a permanent secretariat of the District Public Safety Commission.

(2) The Secretariat shall be headed by an officer of BPS 17 who shall be appointed in consultation with the Commission by the Provincial Government.

(3) The Secretariat shall consist of such number of officers and staff as the Government may, in consultation with the Commission, determine from time to time.

CHAPTER VI

CAPITAL CITY DISTRICT PUBLIC SAFETY COMMISSION

49. Establishment.– The Provincial Government shall establish a Capital City District Public Safety Commission in each district consisting 12 members depending upon the area and population of the district.

50. Composition.– (1) Three members of the Capital City District Public Safety Commission shall be elected by the Zila Council, from amongst its councillors on the basis of each member casting only one vote in favour of any contesting candidate through secret ballot.

(2) Three members shall be nominated by the Speaker of the Provincial Assembly from amongst its members two from the treasury and one from the opposition in consultation with the Leader of the House and the Leader of the Opposition.

(3) The remaining six members shall be independent members and shall be appointed by the Governor from a list of names recommended by the Capital City District Selection Panel.

(4) One third of both the elected and independent members of the Commission shall be women.

(5) The Naib Zila Nazim shall request the Chairperson of the Capital City District Selection Panel to conduct the election of the members of the Capital City District Public Safety Commission referred to in clause (1).

(6) The appointment of members shall be notified in the official Gazette.

51. Appointment of Chairperson.– (1) The Chairperson shall be elected by the members from amongst themselves annually alternating between independent and elected members.

(2) The Chairperson shall preside over the meetings of the Commission.

52. Meeting in the absence of the Chairperson.– In the absence of the Chairperson the Capital City District Public Safety Commission shall elect one of its member to preside over a meeting.

53. Selection of independent members.– (1) There shall be a Selection Panel for independent members consisting of Chief Justice of High Court who shall be its Chairperson and one nominee each of the Provincial Government and the District Government:

Provided that such nominee shall not be elected representative or public servant.

(2) The selection of independent members shall be by consensus.

(3) The selection process shall be completed within thirty days from the commencement of the selection process.

(4) Independent members shall be of impeccable integrity and proven professional competence in such fields as social work, law, administration, education, corporate sector, etc.

54. Functions of the Selection Panel.– The Selection Panel shall invite applications or nominations from the public for selection of independent members, and after interviewing eligible and willing candidates, forward names of persons twice the number of appointments to be made to the Governor of the Province.

55. Selection criteria of independent members.– A person shall be disqualified from becoming a member of District Public Safety Commission if he–

(a) is an activist of any political party or has held any representative office or has remained a public servant in the six months immediately preceding such appointment; or

(b) is found suffering from physical or mental incapacity or illness; or

(c) is declared a bankrupt, loan defaulter or tax evader; or

(d) is not a citizen of Pakistan; or

(e) holds an office of profit in the service of Pakistan; or

(f) is in the service of any statutory body or any other body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or

(g) has been dismissed, removed or compulsorily retired from the service of Pakistan on grounds of corruption or any other form of misconduct; or

(h) is convicted of a criminal offence; or

(i) has any conflict of interest; or

(j) is involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society.

56. Functions of the Capital City District Public Safety Commission.– The Capital City District Public Safety Commission shall perform the following functions of Public Safety and Complaints Authority:-

(a) approve an annual Local Policing Plan prepared by the Capital City Police Officer in consultation with the Zila Nazim setting out the arrangements for the policing during the year:

Provided that such Policing Plan shall include–

(i) a statement of the financial resources expected to be made available by the Provincial Government; and

(ii) performance targets for the year and their delivery mechanism;

(b) evaluate the delivery of performance targets contained in the Local Policing Plan on quarterly basis and send half-yearly reports to Zila Nazim, Tehsil Nazim, Provincial Government, Provincial Public Safety Commission and Provincial Police Officer;

(c) encourage police-public cooperation;

(d) provide recourse to Capital City Police Officer for reporting against any unlawful or mala fide order or request for police support from any authority received by him or any officer subordinate to him and give a decision thereon which shall prevail;

(e) refer the matter in writing to the Provincial Government for appropriate action where the Capital City District Public Safety Commission is satisfied that a collusive relationship detrimental to the interest of the people exists between the Zila Nazim and Capital City Police Officer:

Provided that before making such report the Capital City Police Officer and the Zila Nazim shall be given an opportunity to be heard in person to explain their respective positions;

(f) direct the Capital City Police Officer as to disposal of unclaimed property under clause (4) of Article 135.

(g) direct the Capital City Police Officer in writing, where the Capital City District Public Safety Commission has reasons to believe that the head of the police station has unjustifiably refused or avoided to register any First Information Report, to conduct an inquiry into the matter and cause the registration of the First Information Report under section 154 of the Code, if any cognizable case is made out from the allegations of the complainant and report to the Capital City District Public Safety Commission within forty-eight hours the action taken by him;

(h) on receipt of a complaint of excess by a police officer–

(i) direct the Capital City District Police Officer in writing to take appropriate action and submit a report within a specified period; or

(ii) conduct a fact finding enquiry through two or more of its members, and in case the complaint is found correct, send its report and direct Capital City District Police Officer to suspend the defaulting police officer and take departmental action against him in accordance with the rules;

(iii) report the matter to the Provincial Government or the Police Complaints Authority for appropriate action if the Capital City District Police Officer does not submit a report or take action on the direction given by the Capital City Public Safety Commission;

(i) direct the Capital City District Police Officer in writing to enquire into a complaint of neglect in general or by a functionary of a district police and take appropriate action and report within the specified period;

(j) on a complaint of excess committed by any member of Federal Law Enforcement Agency and civil armed forces acting in support of the district police, require the appropriate authority of the concerned department in writing to take remedial action and report within a specified period. If no action is taken by the concerned authority, a reference may be made by the Capital City District Public Safety Commission to the head of concerned organization or the Federal Complaints Authority for appropriate action.

57. Terms of members of the Capital City District Public Safety Commission.– (1) The term of office of a member shall be three years unless he resigns at any time before the expiry of his term or ceases to be a member of the Provincial Assembly or the Zila Council.

(2) No member shall be eligible for a second term.

(3) Members shall be paid TA and DA for attending meetings, as per rules.

(4) Independent members may be paid honoraria as per rules.

(5) Members shall be Justices of Peace within the district in accordance with the Code.

58. Removal of members.– The Governor on his own volition or on the recommendation of the Capital City District Public Safety Commission may remove a member from office if he–

(a) ceases to be a citizen of Pakistan;

(b) is found suffering from physical or mental incapacity or illness;

(c) is guilty of misconduct;

(d) is found to have dealt with any matter in which he had a conflict of interest;

(e) is convicted of a criminal offence;

(f) is declared a bankrupt, loan defaulter or tax evader;

(g) is involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society;

(h) brings the Capital City District Public Safety Commission into disrepute;

(i) fails to attend its three consecutive meetings without any reasonable cause.

59. Meetings and conduct of business of the Capital City District Pubic Safety Commission.– (1) The business of the Capital City District Public Safety Commission shall be conducted by the Commission in a meeting.

(2) The meeting may be convened by the Chairperson or on the requisition of three members.

(3) Quorum for the meeting of the Capital City District Commission shall be two-third of its membership.

(4) Members shall attend meetings of the Commission as and when required for which at least a week’s notice, with agenda, shall be given. There shall be minimum of one meeting in a month provided an emergency meeting may be held at a short notice not exceeding twenty four hours.

(5) Decisions of the Commission shall be by simple majority.

(6) Capital City Police Officer and in his absence his deputy may be invited to attend a meeting which he shall attend.

(7) The Commission may invite any expert for consultations on specific issues.

(8) The Commission may frame rules of procedures for the conduct of business.

60. Secretariat.– (1) The Government shall establish a permanent secretariat of the Capital City District Public Safety Commission.

(2) The Secretariat shall be headed by an officer of BPS 17 who shall be appointed in consultation with the Commission by the Provincial Government.

(3) The Secretariat shall consist of such number of officers and staff as the Government may, in consultation with the Commission, determine from time to time.

CHAPTER VII

ISLAMABAD DISTRICT PUBLIC SAFETY COMMISSION

61. Establishment.– The Federal Government shall establish Islamabad District Public Safety Commission for Islamabad Capital Territory consisting of 12 members.

62. Composition.– (1) Three members of the Islamabad District Public Safety Commission shall be elected by the District Council, from amongst its councillors on the basis of each member casting only one vote in favour of any contesting candidate through secret ballot.

(2) Three members shall be nominated by the Speaker of National Assembly from amongst its members two from the treasury and one from the opposition in consultation with the Leader of the House and the Leader of the Opposition.

(3) The remaining six members shall be independent members and shall be appointed by the President from a list of names recommended by the Islamabad District Selection Panel.

(4) One third of both the elected and independent members of the Islamabad District Public Safety Commission shall be women.

(5) The Naib Zila Nazim shall request the Chairperson of the Islamabad District Selection Panel to conduct the election of the members of the Islamabad District Public Safety Commission referred to in clause (1).

(6) The appointment of members shall be notified in the official Gazette.

63. Appointment of Chairperson.– (1) The Chairperson shall be elected by the members from amongst themselves annually alternating between independent and elected members.

(2) The Chairperson shall preside over the meetings of the Commission.

64. Meeting in the absence of the Chairperson.– In the absence of the Chairperson, Islamabad District Public Safety Commission shall elect one of its member to preside over a meeting.

65. Selection of independent members.– (1) There shall be a Selection Panel for independent members consisting of Chief Justice of the High Court who shall be its Chairperson and one nominee each of the Federal Government and the District Government:

Provided that such nominee shall not be elected representative or public servant.

(2) The selection of independent members shall be by consensus.

(3) The selection process shall be completed within thirty days from the commencement of the selection process.

(4) Independent members shall be of impeccable integrity and proven professional competence in such fields as social work, law, administration, education, corporate sector, etc.

66. Functions of the Selection Panel.– The selection panel shall invite applications or nominations from the public for selection of independent members, and after interviewing eligible and willing candidates, forward names of persons twice the number of appointments to be made to the President.

67. Selection criteria of independent members.– A person shall be disqualified from becoming a member of Islamabad District Public Safety Commission if he–

(a) is an activist of any political party or has held any representative office or has remained a public servant in the six months immediately preceding such appointment; or

(b) is found suffering from physical or mental incapacity or illness; or

(c) is declared a bankrupt, loan defaulter or tax evader; or

(d) is not a citizen of Pakistan; or

(e) holds an office of profit in the service of Pakistan; or

(f) in the service of any statutory body or any other body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or

(g) has been dismissed, removed or compulsorily retired from the service of Pakistan on grounds of corruption or any other form of misconduct; or

(h) is convicted of a criminal offence; or

(i) has any conflict of interest; or

(j) is involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society.

68. Functions of Islamabad District Public Safety Commission.– The Islamabad District Public Safety Commission shall perform the following functions of Public Safety and Complaints Authority:-

(a) approve an annual Local Policing Plan prepared by the Capital City Police Officer in consultation with the Zila Nazim setting out the arrangements for the policing during the year:

Provided that such Policing Plan shall include–

(i) a statement of the financial resources expected to be made available by the Federal Government; and

(ii) performance targets for the year and their delivery mechanism;

(b) evaluate the delivery of performance targets contained in the Local Policing Plan on quarterly basis and send half- yearly reports to Zila Nazim, Tehsil Nazim, Federal Government and National Public Safety Commission;

(c) encourage police-public cooperation;

(d) provide recourse to Capital City Police Officer for reporting against any unlawful or mala fide order or request for police support from any authority received by him or any officer subordinate to him and give a decision thereon which shall prevail;

(e) refer the matter in writing to the Federal Government for appropriate action where the Islamabad District Public Safety Commission is satisfied that a collusive relationship detrimental to the interest of the people exists between the Zila Nazim and Capital City Police Officer:

Provided that before making such report the Capital City Police Officer and the Zila Nazim shall be given an opportunity to be heard in person to explain their respective positions;

(f) direct the Capital City Police Officer as to disposal of unclaimed property under clause (4) of Article 135;

(g) direct the Capital City Police Officer in writing, where the Islamabad District Public Safety Commission has reasons to believe that the head of the police station has unjustifiably refused or avoided to register any First Information Report, to conduct an inquiry into the matter and cause the registration of the First Information Report under section 154 of the Code, if any cognizable case is made out from the allegations of the complainant and report to the Islamabad District Public Safety Commission within forty-eight hours the action taken by him;

(h) on receipt of a complaint of excess by a police officer–

(i) direct the Capital City Police Officer in writing to take appropriate action and submit a report within a specified period; or

(ii) conduct a fact finding enquiry through two or more of its members, and in case the complaint is found correct, send its report and direct Capital City Police Officer to suspend the defaulting police officer and take departmental action against him in accordance with the rules;

(iii) report the matter to the Federal government or the Federal Police Complaints authority for appropriate action if the Capital City Police Officer does not submit a report or take action on the direction given by the Islamabad District Public Safety Commission;

(i) Direct the Capital City Police Officer in writing to enquire into a complaint of neglect in general or by a functionary of a district police and take appropriate action and report within the specified period;

(j) on a complaint of excess committed by any member of Federal Law Enforcement Agency and civil armed forces acting in support of the Islamabad district police, require the appropriate authority of the concerned department in writing to take remedial action and report within a specified period. If no action is taken by the concerned authority, a reference may be made by the Islamabad District Public Safety Commission to the head of concerned organization or the Federal Complaints Authority for appropriate action.

69. Terms of members of the Islamabad District Public Safety Commission.– (1) The term of office of a member shall be three years unless he resigns at any time before the expiry of his term or ceases to be a member of the National Assembly or the Zila Council.

(2) No member shall be eligible for a second term.

(3) Members shall be paid TA and DA for attending meetings, as per rules.

(4) Independent members may be paid honoraria as per rules.

(5) Members shall be Justice of Peace within the district in accordance with the Code.

70. Removal of members.– The President on his own volition or on the recommendation of Islamabad District Public Safety Commission may remove a member from office if he–

(a) ceases to be a citizen of Pakistan;

(b) is found suffering from physical or mental incapacity or illness;

(c) is guilty of misconduct;

(d) is found to have dealt with any matter in which he had a conflict of interest;

(e) is convicted of a criminal offence;

(f) is declared a bankrupt, loan defaulter or tax evader;

(g) is involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society;

(h) brings the Islamabad Public Safety Commission into disrepute;

(i) fails to attend its three consecutive meetings without any reasonable cause.

71. Meetings and conduct of business of the Islamabad District Public Safety Commission.– (1) The business of Islamabad District Public Safety Commission shall be conducted by the Commission in a meeting.

(2) The meeting may be convened by the Chairperson or on the requisition of three members.

(3) Quorum for the meeting of the Commission shall be two-third of its membership.

(4) Members shall attend meetings of the Commission as and when required for which at least a week’s notice, with agenda, shall be given. There shall be minimum of one meeting in a month provided an emergency meeting may be held at a short notice not exceeding twenty four hours.

(5) Decisions of the Commission shall be by a simple majority.

(6) Capital City Police Officer or in his absence his deputy may be invited to attend a meeting which he shall attend.

(7) The Commission may invite any expert for consultations on specific issues.

(8) The Commission may frame rules of procedure for the conduct of business.

72. Secretariat.– (1) The Government shall establish a permanent secretariat of Islamabad District Public Safety Commission.

(2) The Secretariat shall be headed by an officer of BPS 17 who shall be appointed in consultation with the Commission by the Government.

(3) The Secretariat shall consist of such number of officers and staff as the Government may in consultation with the Commission, determine from time to time.

CHAPTER VIII

THE PROVINCIAL PUBLIC SAFETY COMMISSION

73. Establishment.– There shall be a Provincial Public Safety Commission, consisting of twelve members and the ex-officio Chairperson.

74. Composition.– (1) Half of the members of the Provincial Public Safety Commission shall be nominated by the Speaker of the Provincial Assembly from amongst its members three each from the treasury and opposition in consultation with the Leader of the House and the Leader of the Opposition:

Provided that at least two members shall be women.

(2) The other half comprising independent members shall be appointed by the Governor from a list of names recommended by the Provincial Selection Panel:

Provided that at least two members shall be women.

(3) Notwithstanding any thing contained in clause (1), independent members appointed under clause (2) shall constitute the Provincial Public Safety Commission when the Provincial Assembly is not in existence.

(4) The appointment of members shall be notified in the official Gazette.

75. Appointment of Chairperson.– (1) The Provincial Home Minister will be the ex-officio Chairperson of the Provincial Public Safety Commission.

(2) The Chairperson shall preside over the meetings of the Provincial Public Safety Commission.

76. Meeting in the absence of the Chairperson.– In the absence of the Chairperson, the Provincial Public Safety Commission shall elect one of its member to preside over a meeting.

77. Selection of independent members.– (1) There shall be a Selection Panel for independent members consisting of Chief Justice of the High Court who shall be its Chairperson and one nominee each of the Governor and the Chief Minister:

Provided that such nominee shall not be elected representative or public servant.

(2) The selection of independent members shall be by consensus.

(3) The selection process shall be completed within thirty days from the commencement of the selection process.

(4) Independent members shall be of impeccable integrity and proven professional competence in such fields as social work, law, administration, education, corporate sector, etc.

78. Functions of the Selection Panel.– The selection panel shall invite applications or nominations from the public for selection of independent members, and after interviewing eligible and willing candidates, forward names of persons twice the number of appointments to be made to the Governor.

79. Selection criteria of independent members.– A person shall be disqualified from becoming a member of Provincial Public Safety Commission if he–

(a) is an activist of any political party or has held any representative office or has remained a public servant in the six months immediately preceding such appointment;

(b) is found suffering from physical or mental incapacity or illness;

(c) is declared a bankrupt, loan defaulter or tax evader;

(d) is not a citizen of Pakistan;

(e) holds an office of profit in the service of Pakistan;

(f) is in the service of any statutory body or any other body which is owned or controlled by the Government or in which the Government has a controlling share or interest;

(g) has been dismissed, removed or compulsorily retired from the service of Pakistan on grounds of corruption or any other form of misconduct; or

(h) is convicted of a criminal offence;

(i) has any conflict of interest; or

(j) is involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society.

80. Functions of the Provincial Public Safety Commission.– (1) Subject to this Order, the Provincial Public Safety Commission shall–

(a) provide guidelines on the policy of the government to Provincial Police Officer and Capital City Police Officers for promoting integrity, efficiency and effectiveness of police;

(b) take steps to prevent the police from carrying out any unlawful or mala fide orders or directions from any authority to any functionary of the police throughout the Province and in case such orders are brought to the notice of the commission it shall have the powers to intervene and its decision shall prevail; and

(c) facilitate the establishment and functioning of Citizen Police Liaison Committees in accordance with Article 168.

(2) Without prejudice to its role under sub-section (1) the Commission shall perform the following specific responsibilities–

(a) co‑ordinate the functioning of Public Safety Commissions within the Province;

(b) recommend to the Government premature transfer of Provincial Police Officer before completion of normal tenure of three years for unsatisfactory performance of duties:

Provided that before making such recommendation the Provincial Public Safety Commission shall give the concerned police officer an opportunity to be heard in person;

(c) recommend to the government for grants to various police establishments within the province, for enhancing their capability to handle public order;

(d) assist the police establishment in securing assistance from other police establishments and law enforcement agencies by approaching the other Provincial and National Public Safety Commissions;

(e) determine in consultation with the Provincial Police Officer objectives for the policing of the Province for each financial year;

(f) oversee the implementation of the Provincial Policing Plan prepared by Provincial Police Officer and approved and published by the Provincial Government. The plan shall include–

(i) a statement of the financial resources expected to be made available by the Government; and

(ii) performance targets for the year and their delivery mechanism;

(g) evaluate the delivery of performance targets on quarterly basis;

(h) require the Provincial Police Officer to submit by end of August each year a general report in a manner prescribed by the Provincial Public Safety Commission which shall be published;

(i) submit an annual report to the Government and the Provincial Assembly that shall include the following:-

(i) an abstract concerning performance of the Provincial Public Safety Commission during the year;

(ii) a report on the functioning of the Police Establishments;

(iii) a report on matters connected with general law and order in the Province;

(j) recommend reforms for modernization of laws and procedure in respect of police, prosecution, prisons and probation service;

(k) evaluate the performance of the District and Capital City Public Safety Commissions on annual basis. If on the basis of the evaluation conducted by the Provincial Public Safety Commission, the performance of the Commission is found unsatisfactory, it may recommend the dissolution of such Commission and on dissolution of the Commission the Government shall reconstitute the same in accordance with the provisions of this Order within forty five days of such decision;

(l) conduct enquiry on the recommendation of a Zila Council through a resolution passed by two third majority of its total membership for the dissolution of the relevant Public Safety Commission on grounds of unsatisfactory performance of the said commission, establish veracity or otherwise of the grounds of recommendation for rejection or onward transmission to the Provincial Government for the dissolution of the said Public Safety Commission. Where the government dissolves the relevant Public Safety Commission it will reconstitute the same in accordance with the provisions of this Order within forty five days of such decision;

(m) perform functions of the relevant Public Safety Commission during the period it stands dissolved;

(n) consider the proposals made by Provincial Police Officer or National Police Management Board and give its recommendations to the government;

(o) recommend essential criminal justice reforms; and

(p) perform such other functions with regard to public order and safeguarding public interest, as may be assigned by the government to it for the purpose under any law for the time being in force including Prosecution, Prisons and Probation services.

81. Terms of members of the Provincial Public Safety Commission.– (1) The term of office of a member shall be the same as that of the Provincial Assembly unless he resigns at any time before the expiry of his term, or ceases to be a member of the Provincial Assembly.

(2) No member shall be eligible for a second term.

(3) Members shall be paid TA and DA for attending meetings, as per rules.

(4) Independent members may be paid honoraria as per rules.

(5) Members shall be Justices of Peace in accordance with the Code.

82. Removal of members.– The Governor on his own volition or on the recommendation of the Provincial Public Safety Commission may remove a member from office if he–

(a) ceases to be a citizen of Pakistan;

(b) is found suffering from physical or mental incapacity or illness;

(c) is guilty of misconduct;

(d) is found to have dealt with any matter in which he had a conflict of interest;

(e) is convicted of a criminal offence;

(f) is declared a bankrupt, loan defaulter or tax evader;

(g) is involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society;

(h) brings the Provincial Public Safety Commission into disrepute;

(i) fails to attend its three consecutive meetings without any reasonable cause.

83. Meetings and conduct of business of the Provincial Public Safety Commission.– (1) The business of the Provincial Public Safety Commission shall be conducted by the Commission in a meeting.

(2) The meeting may be convened by the chairperson or on the requisition of three members.

(3) Quorum for the meeting of the Commission shall be two-third of its membership.

(4) Members shall attend meetings of the Commission as and when required for which at least a week’s notice, with agenda, shall be given. There shall be minimum of one meeting in a month; provided an emergency meeting may be held at a short notice not exceeding twenty four hours.

(5) The ex officio Chairperson shall not have the right of vote, except in case of a tie.

(6) Decisions of the Commission shall be by simple majority.

(7) The Commission may hold public consultations as and when required.

(8) The Provincial Police Officer and heads of prosecution service, prison and probation departments shall attend meetings of the Commission as non-voting members, when invited.

(9) The Commission may invite any expert for consultations on specific issues.

(10) The Commission may frame rules of procedure for the conduct of business.

84. Secretariat.– (1) The Government shall establish a permanent secretariat of the Provincial Public Safety Commission.

(2) The Secretariat shall be headed by a Director of the rank of Senior Superintendent of Police who shall be appointed by the Provincial Government in consultation with the Commission.

(3) The Secretariat shall consist of such number of officers and staff as the Government may, in consultation with the Commission, determine from time to time.

(4) The Secretariat shall be attached to the Provincial Law Department for purposes of budget and for matters pertaining to the Provincial Assembly.

CHAPTER IX

THE NATIONAL PUBLIC SAFETY COMMISSION

85. Establishment.– There shall be a National Public Safety Commission consisting of twelve members and the ex officio Chairperson.

86. Composition.– (1) Half of the members of the National Public Safety Commission shall be nominated by the Speaker of the National Assembly from amongst its members three each from the treasury and the opposition in consultation with the Leader of the House and the Leader of the Opposition:

Provided that at least one member shall belong to each Province, and to Islamabad Capital Territory:

Provided further that at least two members shall be women.

(2) The other half comprising independent members shall be appointed by the President from a list of names recommended by the National Selection Panel:

Provided that at least one member shall belong to each Province, and to Islamabad Capital Territory:

Provided further that at least two members shall be women.

(3) Notwithstanding anything contained in clause (1), independent members appointed under clause (2) shall constitute the National Public Safety Commission when the National Assembly is not in existence.

(4) The appointment of members shall be notified in the official Gazette.

87. Appointment of Chairperson.– (1) The Federal Interior Minister will be ex-officio Chairperson of the National Public Safety Commission.

(2) The Chairperson shall preside over the meetings.

88. Meeting in the absence of the Chairperson.– In the absence of the Chairperson, the National Public Safety Commission shall elect one of its member to preside over a meeting.

89. Selection of independent members.– (1) There shall be a Selection Panel for independent members consisting of Chief Justice of Supreme Court of Pakistan who shall be its Chairperson and one nominee each of President and Prime Minister:

Provided that such nominee shall not be elected representative or public servant.

(2) The selection of independent members shall be by consensus.

(3) The selection process shall be completed within thirty days from the commencement of the selection process.

(4) Independent members shall be of impeccable integrity and proven professional competence in such fields as social work, law, administration, education, corporate sector, etc.

90. Functions of the Selection Panel.– The selection panel shall invite applications or nominations from the public for selection of independent members, and after interviewing eligible and willing candidates, forward names of persons twice the number of appointments to be made to the President of Pakistan.

91. Selection criteria of independent members.– A person shall be disqualified from becoming a member of National Public Safety Commission if he–

(a) is an activist of any political party or has held any representative office or has remained a public servant in the six months immediately preceding such appointment; or

(b) is found suffering from physical or mental incapacity or illness; or

(c) is declared a bankrupt, loan defaulter or tax evader;

(d) is not a citizen of Pakistan;

(e) holds an office of profit in the service of Pakistan;

(f) is in the service of any statutory body or any other body which is owned or controlled by the Government or in which the Government has a controlling share or interest;

(g) has been dismissed, removed or compulsorily retired from the service of Pakistan on grounds of corruption or any other form of misconduct;

(h) is convicted of a criminal offence;

(i) has any conflict of interest; or

(j) is involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society.

92. Functions of the National Public Safety Commission.– (1) In the performance of its duties the National Public Safety Commission shall oversee the functioning of the Federal Investigation Agency, Pakistan Railways Police, Anti-narcotics Force, Frontier Constabulary Pakistan Motorway and Highway Police, any other Federal Law Enforcement Agency and Anti-smuggling Wing of Customs exercising police powers.

(2) Facilitate the establishment and functioning of Citizen Police Liaison Committees in accordance with Article 168.

(3) Without prejudice to its role under clause (1), the National Public Safety Commission shall perform the following functions:-

(a) recommend to the Federal Government panels of three police officers for the appointment of Capital City Police Officer for Islamabad and for the appointment of head of Federal Investigation Agency, Pakistan Railways Police, Pakistan Motorway and Highway Police and Frontier Constabulary;

(b) recommend to the Provincial Government panels of three police officers for the appointment of a Provincial Police Officer;

(c) recommend to the Federal Government premature transfer of Capital City Police Officer for Islamabad and head of a Federal Law Enforcement Agency before completion of normal tenure of three years for unsatisfactory performance of duties; provided that before making such recommendation the National Public Safety Commission shall give the concerned officer an opportunity to be heard in person;

(d) oversee implementation of plans prepared by heads of the respective law enforcement agencies and approved and published by the Government, setting out arrangements for achieving objectives during the year. The plans shall include–

(i) a statement of financial resources expected to be made available by the Government; and

(ii) performance targets for the year and their delivery mechanism;

(e) evaluate the delivery of performance targets on quarterly basis;

(f) require heads of the relevant Federal Law Enforcement agency to submit to the National Public Safety Commission, by end of August each year, a general report in a manner prescribed by the National Public Safety Commission, which shall be published;

(g) submit an annual report to the Government and the Parliament that shall include the following:-

(i) an abstract concerning performance of the National Public Safety Commission during the year;

(ii) a report on the functioning of the Federal Law Enforcement Agencies; and

(iii) a report on matters connected with general law and order in the country;

(h) recommend reforms for modernization of laws and procedure in respect of police, prosecution, prisons and probation services;

(i) facilitate coordination among the Provincial Public Safety Commissions;

(j) evaluate the performance of the Islamabad District Public Safety Commission on annual basis. If on the basis of the evaluation conducted by the National Public Safety Commission, the performance of the Commission is found unsatisfactory, the Government may dissolve the Islamabad District Public Safety Commission and reconstitute the commission in accordance with the provisions of this Order within forty five days of such decision;

(k) conduct enquiry on the recommendation of Islamabad Zila Council through a resolution passed by two third majority of its total membership for the dissolution of the Islamabad District Public Safety Commission on grounds of unsatisfactory performance of the said Commission, establish veracity or otherwise of the grounds of recommendation for rejection or onward transmission to the Federal Government for the dissolution of the said Public Safety Commission;

(l) perform functions of the Islamabad District Public Safety Commission during the period it stands dissolved;

(m) consider the proposals of the National Police Management Board and give its recommendations to the Government; and

(n) perform such other functions with regard to public safety and safeguarding interest of the people, as may be assigned by the Government to it for the purpose under any law for the time being in force in particular pertaining to the Prosecution, Prisons and Probation services.

93. Terms of members of the National Public Safety Commission.– (1) The term of office of a member shall be the same as that of the National Assembly unless he resigns or is removed from office at any time before the expiry of his term or ceases to be a member of the National Assembly.

(2) No member shall be eligible for a second term.

(3) Members shall be paid TA and DA for attending meetings, as per rules.

(4) Independent members may be paid honoraria as per rules.

(5) Members shall be Justices of Peace in accordance with the Code.

94. Removal of members.– The President on his own volition or on the recommendation of the National Public Safety Commission may remove a member from office if he–

(a) ceases to be a citizen of Pakistan;

(b) is found suffering from physical or mental incapacity or illness;

(c) is guilty of misconduct;

(d) is found to have dealt with any matter in which he had a conflict of interest;

(e) is convicted of a criminal offence;

(f) is declared a bankrupt, loan defaulter or tax evader;

(g) is involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society;

(h) brings the National Public Safety Commission into disrepute;

(i) fails to attend its three consecutive meetings without any reasonable cause.

95. Meetings and conduct of business of the National Public Safety Commission.– (1) The business of the National Public Safety Commission shall be conducted by the Commission in a meeting.

(2) The meeting may be convened by the Chairperson or on the requisition of three members.

(3) Quorum for the meeting of the Commission shall be two-third of its membership.

(4) Members shall attend meetings of the National Public Safety Commission as and when required for which at least a week’s notice, with agenda, shall be given. There shall be minimum of one meeting in a month, provided an emergency meeting may be held at a short notice not exceeding twenty four hours.

(5) The ex officio Chairperson will not have the right of vote, except in case of a tie.

(6) Decisions of the Commission shall be by simple majority.

(7) The Commission may hold public consultations as and when required.

(8) Heads of law enforcement agencies, prosecution service, prison and probation services will attend meetings of the Commission as non-voting members, when invited.

(9) The Commission may invite any expert for consultations on specific issues.

(10) The Commission may frame rules of procedure for the conduct of the business.

96. Secretariat.– National Police Bureau referred to in Article 162 shall function as the secretariat of the National Public Safety Commission.

CHAPTER X

POLICE COMPLAINTS AUTHORITIES

97. Establishment of Federal Police Complaints Authority.– The Government shall establish a Federal Police Complaints Authority for enquiring into serious complaints against the members of Federal Law Enforcement Agencies.

98. Composition.– (1) The Federal Police Complaints Authority shall consist of a Chairperson and six members.

(2) The President shall appoint the Chairperson of the Federal Police Complaints Authority.

(3) The Government shall appoint the members of the Federal Police Complaints Authority on the recommendation of the Federal Public Service Commission.

99. Criteria and terms of the members.– (1) The members of the Federal Police Complaints Authority shall be eminent persons of impeccable integrity with skills, knowledge and experience in such fields as may be specified by the Government.

(2) Persons may be appointed as whole-time or part-time members of the Authority.

(3) A person shall not be appointed for a period of more than three years.

(4) No member or the Chairperson shall be eligible for a second term.

100. Functions of the Federal Police Complaints Authority.– The Federal Police Complaints Authority shall perform the following functions:-

(a) receive from District Public Safety Commission or an aggrieved person in writing on an affidavit complaint of neglect, excess or misconduct against Islamabad Capital Territory Police Officer or any member of any Federal Law Enforcement Agency;

(b) process the complaint and refer the ordinary cases to an appropriate authority for action and report and in serious cases initiate action on its own;

(c) receive from the Islamabad District Public Safety Commission or the Capital City District Police Officer or Head of a Federal Law Enforcement Agency any report of death, rape or serious injury to any person in police custody and take steps to preserve evidence relating to such incident;

(d) request the Chief Justice of the High Court, in serious cases, to appoint a District and Sessions Judge for a judicial enquiry;

(e) appoint in appropriate cases a police officer belonging to the Federal Law Enforcement Agencies who is senior in rank to the officer complained against as an inquiry officer, and supervise the inquiry proceedings;

(f) send a copy of the report to the competent authority and direct him for departmental action based on the findings of the enquiry or registration of a criminal case as appropriate and direct the competent authority to submit a report about the action taken on the findings of the report;

(g) inform the complainant of the outcome of the enquiry in writing as soon as possible;

(h) where the Federal Police Complaints Authority is not satisfied with the order in cases referred under clause (f), it may send a report to the next higher authority for revision of the order by the awarding officer and the process be repeated till it is considered by the final authority;

(i) in case of any frivolous, false or vexatious complaint, initiate legal action against the complainant;

(j) recommend disciplinary action against an enquiry officer for willful neglect or mishandling of an enquiry;

(k) prepare and send to the Government an annual report on matters relating generally to its functions, including any matter to which it considers attention of the Government may be drawn by reason of gravity or other exceptional circumstances, for laying the report before Parliament;

(l) establish when necessary in consultation with the Federal Government, regional offices anywhere in the country or with the agreement of the Provincial Government designate Provincial Police Complaints Authority or District Public Safety Commission to deal with the complaints of excess or neglect.

101. Secretariat.– (1) The Government shall establish a permanent secretariat of the Authority.

(2) The Secretariat shall be headed by an officer not below BS 19 who shall be appointed in consultation with the Authority.

(3) The organization of the secretariat and functions of officers and staff shall be determined by the Authority.

(4) The secretariat shall consist of such number of officers and staff as the Government may in consultation with the Authority determine from time to time.

(5) The terms and conditions of service of the staff of the Authority shall be determined by the Government in consultation with the Authority.

102. Removal of the members.– The procedure of the removal of the Chairperson and members of the Federal Police Complaints Authority shall be the same as for the members of the Federal Public Service Commission.

103. Establishment of Provincial Police Complaints Authority.– The Government shall establish a Provincial Police Complaints Authority for enquiring into serious complaints against the police.

104. Composition.– (1) The Provincial Police Complaints Authority shall consist of a Chairperson and six members.

(2) The Governor shall appoint the Chairperson of the Provincial Police Complaints Authority.

(3) The Government shall appoint the members of the Provincial Police Complaints Authority on the recommendation of the Provincial Public Service Commission.

105. Criteria and terms of the members.– (1) The members of the Provincial Police Complaints Authority shall be eminent persons of impeccable integrity with skills, knowledge and experience in such fields as may be specified by the Government.

(2) Persons may be appointed as whole-time or part-time members of the Authority.

(3) A person shall not be appointed for a period of more than three years.

(4) No member or the Chairperson shall be eligible for a second term.

106. Functions of the Provincial Police Complaints Authority.– The Provincial Police Complaints Authority shall perform the following functions:-

(a) receive from District Public Safety Commission or an aggrieved person in writing on an affidavit, complaint of neglect, excess or misconduct against a Police Officer;

(b) process the complaint and refer the ordinary cases to an appropriate authority for action and report and in serious cases initiate action on its own;

(c) receive from the District Public Safety Commission or Head of District Police any report of death, rape or serious injury to any person in police custody and take steps to preserve evidence relating to such incident and request the Chief Justice of the High Court under intimation to the Government to appoint a Judge not below the District and Sessions Judge for a judicial enquiry;

(d) may appoint in appropriate cases a police officer of the same district or of a different district who is senior in rank to the officer complained against as an inquiry officer, and supervise the inquiry proceedings;

(e) send a copy of the report to the competent authority and direct him for departmental action based on the findings of the enquiry or registration of a criminal case as appropriate and direct the competent authority to submit a report about the action taken on the findings of the report;

(f) inform the complainant of the outcome of the enquiry in writing as soon as possible;

(g) where the Provincial Police Complaints Authority is not satisfied with the order in cases referred under clause (e), it may send a report to the next higher authority for revision of the order by the awarding officer and the process be repeated till it is considered by the final authority;

(h) in case of any frivolous, or vexatious complaint, initiate legal action against the complainant;

(i) may recommend disciplinary action against an enquiry officer for willful neglect or mishandling of an enquiry;

(j) prepare and send to the Government an annual report on matters relating generally to its functions, including any matter to which it considers attention of the Government may be drawn by reason of gravity or other exceptional circumstances, for laying the report before Provincial Assembly;

(k) may in consultation with the Provincial Government establish regional offices anywhere in the Province.

107. Secretariat.– (1) The Government shall establish a permanent secretariat of the Authority.

(2) The Secretariat shall be headed by an officer not below BS 19 who shall be appointed in consultation with the Authority.

(3) The organization of the Secretariat and functions of officers and staff shall be determined by the Authority.

(4) The Secretariat shall consist of such number of officers and staff as the Government may in consultation with the Authority determine from time to time.

(5) The terms and conditions of service of the staff of the Authority shall be determined by the Government in consultation with the Authority.

108. Removal of the members.– The procedure of the removal of the Chairperson and members of the Provincial Police Complaints Authority shall be the same as for the members of the Provincial Public Service Commission.

CHAPTER XI

CRIMINAL JUSTICE COORDINATION COMMITTEE

109. Establishment.– There shall be a Criminal Justice Coordination Committee in a district.

110. Composition.– The Criminal Justice Coordination Committee shall consist of–

(a) District and Sessions Judge (Chairperson);

(b) Head of District Police;

(c) District Public Prosecutor;

(d) District Superintendent Jail;

(e) District Probation Officer;

(f) District Parole Officer;

(g) Head of Investigation (Secretary).

111. Functions of the Criminal Justice Coordination Committee.– (1) The Criminal Justice Coordination Committee shall–

(a) keep under review the operation of the criminal justice system and work towards the improvement of the system as a whole;

(b) promote understanding, co-operation and coordination in the administration of the criminal justice system;

(c) exchange information and give advance notice of local developments, which may affect other parts of the system;

(d) formulate co-ordinated priorities and plans to give effect to locally agreed policies;

(e) raise relevant issues with the appropriate authorities;

(f) promote the spread of good practices; and

(g) review the implementation of any decisions taken by the Criminal Justice Coordination Committee.

(2) The meeting of the Criminal Justice Coordination Committee shall be held at least once a month. The secretary of the committee shall record the minutes of the meetings.

CHAPTER XII

REGULATION, CONTROL AND DISCIPLINE OF THE POLICE

112. Rule making by Provincial Police Officer or Islamabad Capital City Police Officer.–Provincial Police Officer, or Islamabad Capital City Police Officer, as the case may be, with the prior approval of the Government, may by notification in the official Gazette, make rules for carrying into effect the provisions of this Order.

113. Punishments.– Subject to the rules, a member of the police may at any time be suspended, dismissed, compulsorily retired, reduced in rank or pay, within a time scale, fined, censured or awarded any other punishment in the prescribed manner.

114. Code of Conduct.– (1) Provincial Police Officer and Capital City Police Officer shall issue Code of Conduct to regulate police practices in respect of–

(a) the exercise by police officers of statutory powers of stop and search;

(b) the searching of premises by police officers and the seizure of property found by police officers on persons or premises;

(c) the detention, treatment and questioning of persons by police officers; and

(d) the identification of persons by police officers.

(2) Subject to rules, a police officer contravening the Code of Conduct may be awarded one or more punishments provided under Article 113.

115. Police officer at any time liable to be called for duty.– A police officer when off-duty, on leave or under suspension shall be liable to be called for duty.

116. Withdrawal from duty and resignation, etc.– (1) No Police officer shall withdraw from the duties of his office unless expressly allowed to do so in writing by Head of District Police or by some other officer authorised to grant such permission

Explanation.– A police officer who being absent on leave fails without reasonable cause to report for duty on the expiration of such leave shall be deemed within the meaning of this Article to withdraw himself from the duties of his office.

(2) No police officer shall resign his office unless he has given to his superior officer notice in writing for a period of not less than two months of his intention to resign.

117. Police officer not to engage in any other employment.– No police officer shall engage in any private employment while he is a member of the police establishment.

CHAPTER XIII

POWERS TO ISSUE ORDERS

118. Power to issue orders.– The Head of District Police may, in an emergency, for the maintenance of public order or preventing public nuisance, issue orders to give effect to the provisions of any Municipal law, rules or bye-laws for the time being in force.

119. Power to give direction to the public.– Subject to rules, a police officer not below the rank of a Sub-Inspector may, give such directions as may be necessary to–

(a) direct the conduct and behaviour or actions of persons constituting processions or assemblies on roads or streets;

(b) prevent obstructions–

(i) on the occasion of processions and assemblies;

(ii) in the neighbourhood of places of worship during the time of worship; and

(iii) when a street or public place or place of public resort may be thronged or liable to be obstructed;

(c) keep order on streets, mosques, churches or other places of worship and places of public resort when these may be thronged or liable to be obstructed.

120. Regulation of public assemblies and processions and licensing of same.– (1) Head of District Police or Assistant or Deputy Superintendent of Police may as occasion require, direct the conduct of assemblies and processions on public roads, or in public streets or thoroughfares and prescribe the routes by which and the times at which, such processions may pass.

(2) He may also, on being satisfied that it is intended by any persons or class of persons to convene or collect any assembly in any such road, street or thoroughfare, or to form a procession which would, in his judgement, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such processions shall apply for a licence.

(3) On such application being made, he may issue a licence specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted to take place and otherwise giving effect to this Article:

Provided that no fee shall be charged on the application for, or grant of any such licence.

121. Powers with regard to assemblies and processions violating the conditions of licence.– (1) Head of District Police or Assistant or Deputy Superintendent of Police or Inspector of Police or an officer in-charge of a police station may stop any procession which violates the conditions of a licence granted under the last foregoing Article, and may order it or any assembly which violates any such conditions as aforesaid to disperse.

(2) Any procession or assembly, which neglects or refuses to obey any order given under clause (1) shall be deemed to be an unlawful assembly.

122. Power to prohibit certain acts for prevention of disorder.– (1) Head of District Police may, whenever and for such time as he may consider necessary but not exceeding two days by notification publicly promulgated or addressed to individuals prohibit in any urban or rural area, the carrying of arms, cudgels, swords, spears, bludgeons, guns, knives, sticks, lathis or any other article, which is capable of being used for causing physical violence and the carrying of any corrosive substance or explosives, the carrying, collection or preparation of stones or other missiles or instruments of means of casting or impelling missiles.

(2) If any person goes armed with any article as is referred to in clause (1), such article shall be liable to be seized from him by a police officer.

123. Power to give directions against serious disorder at places of amusement, etc.– (1) For the purpose of preventing serious disorder or breach of the law or imminent danger to those assembled at any place of public amusement or at any assembly or meeting to which the public are invited or which is open to the public, any police officer of the rank of Assistant Sub Inspector or above, present at such place of public amusement, or such assembly or meeting, may subject to such rules, regulations or orders as may have been lawfully made, give such reasonable directions as to the mode of admission of the public to, and lawful conduct of the proceedings and the maintaining of the public safety, at such place of amusement or such assembly or meeting as he thinks necessary and all persons shall be bound to conform to every such reasonable direction.

(2) Every police officer while on duty shall have free access to any place of public amusement, assembly or meeting for the purpose of giving effect to the provisions of clause (1) and to any direction made there under.

124. Erecting of barriers in streets, etc.– Any police officer may in an emergency temporarily close any street or public place through erection of barriers or other means, to prohibit persons or vehicles from entering such area.

125. Power to search suspected persons or vehicles in street, etc.– When in a street or a place of public resort a police officer on reasonable grounds suspects a person or a vehicle to be carrying any article unlawfully obtained or possessed or likely to be used in the commission of an offence, he may search such person or vehicle; and if the account given by such person or possessor of the vehicle appears to be false or suspicious, he may detain such article after recording in writing the grounds of such action and issue a receipt in the prescribed form and report the facts to the officer in-charge of the police station for informing the court for proceeding according to law against the person.

CHAPTER XIV

SPECIAL MEASURES FOR MAINTENANCE OF

PUBLIC ORDER AND SECURITY

126. Employment of additional police to keep peace.– (1) Capital City Police Officer or City Police Officer and District Police Officer subject to approval of Provincial Police Officer may on application of any person depute any additional number of police to keep the peace, to preserve order, to enforce any provisions of this Order, or any other law, in respect of any particular class or classes of offences or to perform any other duties imposed on the police.

(2) Subject to rules, such additional police shall be employed at the cost of the person making the application.

(3) If the person upon whose application such additional police are employed gives one week’s notice for the withdrawal of the said police, he shall be relieved from the cost thereof at the expiration of such notice.

(4) If there is any dispute on payment, Head of District Police on an application by the aggrieved party may refer the matter to the Government for final decision.

127. Employment of additional police at the cost of organizers, etc.– (1) Whenever it appears to Head of District Police that–

(a) any large work which is being carried on, or any public amusement, or event at any place is likely to impede the traffic or to attract a large number of people; or

(b) the behaviour or a reasonable apprehension of the behaviour of the persons employed on any railway, canal or other public work, or in or upon any manufactory or other commercial concern under construction or in operation at any place, necessitates the employment of additional police at such place;

he may depute such number of additional police to the said place for so long as the necessity to employ the additional police shall appear to be expedient.

(2) Subject to rules, the cost of such additional police shall be borne by the organisers of such events or employers of such works or concerns, as the case may be, at rates approved by the appropriate government from time to time.

128. Compensation for injury caused by unlawful assembly.– When any loss or damage is caused to any property or when death or grievous hurt is caused to any person or persons, by anything done in furtherance of the common object of an unlawful assembly, the trial court may determine the amount of compensation which, in its opinion should be paid by members of the unlawful assembly to any person or persons in respect of the loss or damage or death or grievous hurt caused.

129. Recovery of amount payable under Articles 126 and 127.– Any amount payable under Article 126 and Article 127 shall be recovered in the same manner as if it were arrears of land revenue.

130. Recovered amount to go to treasury.– Amounts payable under Article 126 and Article 127 shall be credited to the treasury.

131. Banning of use of dress resembling uniform of police or armed forces.– (1) If Provincial Police Officer or the Capital City Police Officer or City Police Officer is satisfied that the wearing in public, by any member of any body, association or organization, of any dress or article of apparel resembling the uniform worn by police or members of the Armed Forces or any uniformed force constituted by or under any law for the time being in force, is likely to prejudice the security of the state or the maintenance of public order, he may by a special order prohibit or restrict the wearing or display, in public of any such dress or article of apparel by any member of such body or association or organization.

(2) Every order under clause (1) shall be published in the official Gazette.

Explanation.– For the purpose of clause (1) a dress or article of apparel shall be deemed to have been worn or displayed in public if it is worn or displayed in any place to which the public have access.

132. Control of camps, parades, etc.– If Head of District Police is satisfied that it is necessary in the interest of maintenance of public order, he may by a special order prohibit or restrict throughout the district or any part thereof all meetings and assemblies of persons for the purpose of training in the use of arms or taking part in any such camp, parade or procession.

133. Authority of Head of District Police over the village police.– Head of District Police shall for the purpose of carrying this Order into effect, exercise authority and control over village watchmen or village police officers.

CHAPTER XV

RESPONSIBILITIES OF POLICE

IN RELATION TO UNCLAIMED PROPERTY

  1. Police to make inventory of unclaimed property, etc.– It shall be the duty of every police officer to take charge and make inventory of any unclaimed property found by, or made over to him, and furnish a copy of the inventory to Head of District Police without delay, who shall send a copy of the same to District Public Safety Commission.

135. Procedure for disposal of unclaimed property.– (1) Where any property has been taken charge of under Article 134, Head of District Police shall issue a proclamation within fifteen days in the prescribed manner specifying the articles of which such property consists and requiring that any person who may have a claim thereto shall appear before him or some other officer not below the rank of Assistant Superintendent of Police or Deputy Superintendent of Police especially authorised in this behalf and establish his claim within three months from the date of such proclamation.

(2) If the property, or any part thereof, is subject to speedy and natural decay or if the property appears to be of the value of less than one thousand rupees, it may forthwith be disposed off in the prescribed manner under the orders of Head of District Police and the net proceeds of such sale shall be dealt with in the manner provided in Articles 136 and 137.

(3) Where any person who has a claim to the property is required by the proclamation under clause (1) to appear before an officer authorised by the Head of District Police and establish his claim, such officer shall forward the record of the proceedings to the Head of District Police.

(4) Head of District Police shall follow the directions of the District Public Safety Commission in disposal of property under clause (3).

136. Delivery of property to person entitled.– (1) Head of District Police on being satisfied of the title of any claimant to the possession or administration of the property specified in the proclamation issued under clause (1) of Article 135 order the same to be delivered to him.

(2) In case where there is more than one claimant to the same property the matter shall be referred by the Head of District Police to the competent court.

137. Disposal of property, if no claimant appears.– If no person establishes his claim to such property within the period specified in the proclamation, the property, or such part thereof as has not already been sold under clause (2) of Article 135 shall, with the approval of appropriate Public Safety Commission, be disposed off in the prescribed manner and the proceeds shall be deposited in the treasury.

CHAPTER XVI

OFFENCES AND PUNISHMENTS

138. Causing mischief in street by animal or vehicle.– No person shall cause damage, injury, danger, alarm or mischief in any street or public place by negligent or reckless driving or by driving any vehicle or animal laden with timber, poles or other unwieldy articles through a street or public place contrary to any regulation.

139. Causing obstruction in a street.– No person shall cause obstruction in any street or public place–

(a) by allowing any animal or vehicle, which has to be loaded or unloaded, or take up or set down passengers, to remain or stand in the street or the public place longer than may be necessary for such purpose; or

(b) by leaving any vehicle standing or fastening any cattle in the street or the public place; or

(c) by using any part of a street or public place as a halting place for vehicles or cattle; or

(d) by causing obstruction in any other manner.

140. Wilful or negligent conduct in respect of dogs.– No person shall in any street or public place–

(a) let loose any dog wilfully or negligently so as to cause danger, injury, alarm or annoyance; or

(b) suffer a ferocious dog to be at large without a muzzle; or

(c) set on a dog to attack any person or horse or other animal.

141. Penalty for offences under Articles 138 to 140.– Any person who contravenes any of the provisions of Articles 138 to 140 shall, on conviction, be punished with fine, which may extend to ten thousand rupees, or, in default of payment, with imprisonment for a term not exceeding thirty days.

142. Suffering disorderly conduct.– Whoever being the keeper of any place of public amusement or public entertainment, knowingly permits or suffers disorderly behaviour or any gambling or any other criminal act, whatsoever, in such place, shall, on conviction be punished with fine which may extend to ten thousand rupees.

143. Penalty for contravening orders, etc. under Article 118.– Whoever contravenes or abets the contravention of any order made under Article 118 or any of the condition of the licence issued under such regulations shall on conviction be fined up to ten thousand rupees.

144. Penalties for contravention of order, etc. under Article 119 and Articles 122 and 123.– (1) Whoever contravenes, disobeys, opposes or fails to conform to any order given by a police officer under Article 119, and Article 123 shall, on conviction, be punished with fine, which may extend to ten thousand rupees.

(2) Whoever contravenes a notification or an order made under clause (1) of Article 122 shall be punished with imprisonment for a term which shall not be less than three months but may extend to two years and with fine up to one hundred thousands rupees.

145. Penalty for contravention of orders under Articles 131 and 132.– Whoever contravenes any order made under Article 131 and Article 132 shall, on conviction, be punished with imprisonment for a term, which may extend to three years, or with fine up to one hundred thousand rupees, or with both.

146. Penalty for obtaining employment as a police officer through fraudulent means.– Any person who makes a false statement or a statement which is misleading in material particulars or uses a false document for the purpose of obtaining employment as a police officer shall on conviction be punished with imprisonment for a term which may extend to one year, or with fine up to fifty thousand rupees, or with both.

147. Warning to first offender.– It shall be lawful for Head of District Police or any other officer authorized by him not below the rank of Inspector, to request the relevant court to issue in lieu of prosecution, a warning in writing to the accused in relation to first commission of any offence mentioned in Articles 138 to 140:

Provided that for any subsequent offence mentioned in this Article the offender on conviction will be awarded at least half of the prescribed punishment.

148. Defiling water in public wells, etc.– Whoever shall defile or cause to be defiled water in any public well, tank, reservoir, pond, pool, aqueduct or part of a river, stream, nullah or other source or means of water supply, so as to render the same unfit for the purpose for which it is set apart, shall on conviction be punished with imprisonment for a term which may extend to six months or with fine which may extend to thirty thousand rupees, or with both.

149. False alarm of fire, etc.– Whoever knowingly gives or causes to be given a false alarm of fire to the fire brigade or to any officer or fireman thereof shall on conviction be punished with imprisonment for a term which may extend to three months or with fine which may extend to fifteen thousand rupees, or with both.

150. Penalty for contravention of orders made under Article 124.– Whoever contravenes, or abets the contravention of any order made under Article 124 shall, on conviction, be punished with imprisonment which may extend to three months, or with fine which may extend to ten thousand rupees or with both.

151. Penalty for unauthorized use of police uniform.– If any person not being a member of the police wears without authorisation, the uniform of police or any dress having the appearance or bearing any of the distinctive marks of police uniform, he shall, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine up to one hundred thousand rupees, or with both.

152. Penalty for frivolous or vexatious complaint.– Any person who files a complaint against the police, which on enquiry by the Police Complaints Authority is held frivolous or vexatious, shall be punished on conviction with imprisonment for six months, or with fine, which may extend to fifty thousand rupees, or with both.

153. Certain offences to be cognizable.– Notwithstanding anything contained in the Code, offences falling under Articles 148 to 152 shall be cognizable.

154. Power to try offences summarily.– The court trying offences under this chapter shall have power to try such offences summarily in accordance with the procedure laid down for summary trial in the Code.

CHAPTER XVII

OFFENCES BY AND PUNISHMENTS

FOR POLICE OFFICERS

155. Penalty for certain types of misconduct by police officers.– (1) Any police officer who–

(a) makes for obtaining release from service as police officer, a false statement or a statement which is misleading in material particulars or uses a false document for the purpose;

(b) is guilty of cowardice, or being a police officer of junior rank, resigns his office or withdraws himself from duties without permission;

(c) is guilty of any wilful breach or neglect of any provision of law or of any rule or regulation or any order which he is bound to observe or obey;

(d) is guilty of any violation of duty;

(e) is found in a state of intoxication, while on duty;

(f) malingers or feigns or voluntarily causes hurt to himself with the intention to render himself unfit for duty;

(g) is grossly insubordinate to his superior officer or uses criminal force against a superior officer; or

(h) engages himself or participates in any demonstration, procession or strike or resorts to or in any way abets any form of strike or coercion or physical duress to force any authority to concede anything,

shall, on conviction, for every such offence be punished with imprisonment for a term which may extend to three years and with fine.

(2) Prosecution under this Article shall require a report on writing by an officer authorized in this behalf under the rules.

156. Penalty for vexatious entry, search, arrest, seizure of property, torture, etc.– Whoever, being a police officer–

(a) without lawful authority, or reasonable cause, enters or searches or causes to be entered or searched any building, vessel, tent or place;

(b) vexatiously and unnecessarily seizes the property of any person;

(c) vexatiously and unnecessarily detains, searches or arrests any person; or

(d) inflicts torture or violence to any person in his custody;

shall, for every such offence, on conviction, be punished with imprisonment for a term, which may extend to five years and with fine.

157. Penalty for unnecessary delay in producing arrested persons in courts.– Any police officer who vexatiously and unnecessarily delays the forwarding to a court or to any other authority to whom he is legally bound to forward any arrested person, shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine.

CHAPTER XVIII

NATIONAL POLICE MANAGEMENT BOARD

158. Establishment.– The Federal Government shall establish National Police Management Board.

159. Composition.– The National Police Management Board shall consist of the following heads of the police establishments and the Federal Law Enforcement Agencies:-

(a) Provincial Police Officers of Punjab, Sindh, NWFP and Balochistan;

(b) Inspectors General of Railways Police, Pakistan Motorway and Highway Police, Northern Areas and AJK;

(c) Capital City Police Officers of Islamabad, Lahore, Karachi, Peshawar and Quetta;

(d) Directors General of Federal Investigation Agency and Anti Narcotics Force;

(e) Commandants of National Police Academy and Frontier Constabulary;

(f) Director General of National Police Bureau (Member Secretary); and

(g) any other member that the Federal Government may nominate.

160. Functions of the National Police Management Board.– The National Police Management Board shall perform the following functions, namely:-

(a) advise the Federal and Provincial Governments on matters concerning general planning, development and standardisation of administration, education and training, gender sensitisation, communications, criminal identification facilities, criminal statistics and equipment of police and other law enforcement agencies;

(b) identify and arrange research in the areas of criminology, terrorism, sectarian and ethnic violence, drug trafficking, organised crime, inter-provincial crime, crime having international dimensions, etc.;

(c) recommend Federal Government grants to various police organizations and Federal Law Enforcement Agencies for enhancing their operational capabilities;

(d) recommend steps for securing inter‑governmental and inter-agency assistance to ensure a comprehensive and cohesive arrangement for crime control and internal security;

(e) recommend to the Federal and Provincial Governments standards of recruitment, appointment, promotions, transfers, tenure and discipline;

(f) develop standing operating procedures based on internationally accepted good practices for adoption by the Police and Law Enforcement Agencies in the country to improve their performance; and

(g) any other duties that the Federal Government may assign to it.

161. Meeting and conduct of business of the Board.– (1) Normally two meetings shall be held in a year. Meetings may, however, be convened by the Secretary of the Board on the requisition by half of the members of the Board.

(2) Quorum for the meeting will be three quarters of the total membership and no participation by proxy shall be allowed.

(3) Members shall attend the meetings as and when required for which at least one month’s notice, with agenda shall be given.

(4) The meetings shall be presided over by the senior most member present.

(5) The Board may invite any expert for consultations.

162. National Police Bureau.– (1) A National Police Bureau headed by a Director General not below the rank of Additional Inspector General of Police shall be established.

(2) The National Police Bureau shall function as permanent secretariat of the National Public Safety Commission and the National Police Management Board.

(3) The Government shall determine the organization of the National Police Bureau and provide such number of staff as it may determine from time to time.

(4) The National Police Bureau shall perform research and development functions as assigned to it by the National Police Management Board and the National Public Safety Commission.

(5) Perform such other functions as may be assigned to it by the Government.

(6) The National Police Bureau as secretariat to the National Public Safety Commission shall function independently but for all other functions the Bureau shall be under the Interior Division.

CHAPTER XIX

MISCELLANEOUS

163. Provision of advice and assistance to International Organizations etc.– The Police may provide advice and assistance to an International Organization or to any other person or body engaged in investigation of criminal cases outside Pakistan with the permission of the Government.

164. Coordination by Federal Government.– The Federal Government shall coordinate for the purpose of efficiency in the police administration among general police areas falling under the Federal or the Provincial governments.

165. Constitution of Promotion Boards etc.– Subject to rules, promotion of police officers of the provincial police shall be made on the recommendations of the departmental promotion committees/promotion boards:

Provided that the departmental promotion committees/promotion boards shall be headed by an officer not below the rank of–

(a) Assistant Superintendent of Police or Deputy Superintendent of Police for promotion to the rank of Head Constable;

(b) Superintendent of Police for promotion to the rank of Assistant Sub-Inspector and Sub-Inspector;

(c) Deputy Inspector General of Police for promotion to the rank of Inspector.

(d) Additional Inspector General of Police for promotion to the rank of Deputy Superintendent of Police; and

(e) Inspector General for promotion to the rank of Superintendent of Police.

166. Criminal Statistics and reports.– (1) The Provincial Government shall at such times and in such form as the Federal Government may direct, transmit statistic and reports to the Federal Government with respect to officers, offenders, criminal proceedings and the state of law and order in the Province as the Federal Government may require.

(2) The Federal Government shall cause a consolidated abstract of the information transmitted to it under clause (1) to be prepared and laid before the National Assembly.

(3) The Federal Government may require a Provincial Government to submit reports on such matters as may be specified in the requirements on matters connected with police performance.

(4) A requirement under clause (3) may specify the form in which a report is to be submitted.

(5) The Provincial Government may direct the submission of such reports and returns by the Provincial Police Officers and other police officers as it may deem proper and may prescribe the form in which such returns shall be made.

167. Maintenance of Daily Diary at a police station.– (1) A register of Daily Diary shall be maintained at every police station in such form as shall, from time to time, be prescribed and to record therein the names of all complainants, persons arrested, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of the witnesses who shall have been examined.

(2) The District and Sessions Judge of the district may call for and inspect such Diary.

168. Citizen Police Liaison Committees.– The Government may establish Citizen Police Liaison Committees as voluntary, self financing and autonomous bodies, in consultation with National Public Safety Commission or Provincial Public Safety Commission, as the case may be, for–

(a) training and capacity building of Public Safety Commission;

(b) developing mechanism for liaison between aggrieved citizens and police for providing relief; and

(c) assistance to Public Safety Commissions, Police Complaints Authority and the police for the expeditious and judicious discharge of their duties.

169. Public Safety Fund.– (1) The Government may, by notification in the official Gazette, constitute Public Safety Fund at the Provincial and District levels consisting of–

(a) Grants made by the Federal Government, the Provincial Government and the District Governments to the police.

(b) Contributions made in cash or kind by the public for the improvement of police service delivery to be credited to District Public Safety Fund.

(2) The Provincial Government may credit one-half of the sums of the traffic fines to the Provincial Public Safety Fund.

(3) All receipts mentioned in sub-clauses (a) and (b) of clause (1) and clause (2) may be credited to the Provincial or District Public Safety Fund as the case may be under a Head of Account in the Public Account duly authorised by the Controller General of Accounts.

(4) The Fund shall be non-lapsable.

(5) Accounts shall be kept of payments made into or out of this fund, which shall be audited by the Auditor General at the end of each financial year.

(6) The Public Safety Fund at Provincial level shall be operated by the Provincial Public Safety Commission and at the district level by the District Public Safety Commission subject to any rules and regulations made under this Order.

(7) The Public Safety Fund shall be applied for the purpose of–

(a) improving facilities for public and service delivery at police stations;

(b) improving traffic police; and

(c) rewarding police officers for good performance.

170. Officers holding charge of or succeeding to vacancies competent to exercise powers.– Wherever in consequence of the office of Head of District Police becoming vacant, any officer who holds charge of such post or succeeds either temporarily or permanently to his office under the orders of the competent appointing authority, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by this Order on Capital City Police Officer, City Police Officer or District Police Officer.

171. No police officer to be liable to any penalty or payment of damages on account of acts done in good faith in pursuance of duty.– No police officer shall be liable to any penalty or to payment of damages on account of an act done in good faith in pursuance or intended pursuance of any duty imposed or any authority conferred on him by any provision of this Order or any other law for the time being in force or any rule, order or direction made or given therein.

172. Suits or prosecutions in respect of acts done under colour of duty not to be entertained if not instituted within the prescribed period.– In case of an alleged offence by a police officer, or a wrong alleged to have been done by him or by any act done under colour of duty or in exercise of any such duty or authority of this Order or when it shall appear to the Court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained, or shall be dismissed, if instituted after more than six months from the date of the action complained of.

173. Notice of suit to be given with sufficient description of wrong complained of.– (1) In the case of an intended suit on account of an alleged wrong referred to in Article 172 by a police officer, the person intending to sue shall give two month’s notice as prescribed in section 80 of Civil Procedure Code 1908, of the intended suit with sufficient description of the wrong complained of.

(2) The provisions of section 80 of the Civil Procedure Code, 1908, shall mutatis mutandis apply to the notice referred to in clause (1).

174. Licences and written permissions to specify conditions, etc.– Any licence or written permission granted under the provisions of this Order shall specify the period, locality, conditions and restrictions subject to which the same is granted and shall be given under the signature of the competent authority.

175. Revocation of licence or permission.– Any licence or written permission granted under this Order may at any time be suspended or revoked by the competent authority after due notice if any of its conditions or restrictions is infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence in any matter to which such licence or permission relates.

176. When licence or permission is revoked, the grantee would be deemed to be without licence.– When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was granted shall, for all purposes of this Order, be deemed to be without a licence or written permission, until the order for suspending or revoking the same is cancelled, or until the same is renewed, as the case may be.

177. Grantee to produce licence and written permission when required.– Every person to whom any such licence or written permission has been granted, shall, while the same remains in force, at all reasonable time, produce the same if so required by a police officer.

178. Public notices how to be given.– Any public notice required to be given under any of the provisions of this Order shall be in writing under the signature of a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums, or by advertising the same in local newspapers in regional languages and English or Urdu, as the said authority may deem fit, or by electronic media, or by any two or more of these means and by any other means it may think suitable.

179. Consent of competent authority how to be proved.– Whenever under this Order, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of a competent authority, a written document signed by the competent authority purporting to convey or set forth such consent, approval, declaration, opinion or satisfaction shall be evidence thereof.

180. Signature on notices may be stamped.– Every licence, written permission, notice or other document, not being a summons or warrant or search warrant, required by this Order, or by any rule hereunder, to bear the stamp and the signature of Head of District Police and it shall be deemed to be properly signed if it is a facsimile of the document bearing his signature.

181. Persons interested may apply to annul, reverse or alter any rule or order.– In the case of any rule or order made under an authority conferred by this Order and requiring the public or a particular class of persons to perform some duty or act, or to conduct or order themselves or those under their control in a manner therein described, it shall be competent for any interested person to apply to the authority issuing such rule or order to annul, reverse or alter the rule or order aforesaid on the ground of its being unlawful, oppressive or unreasonable:

Provided that the appropriate government shall exercise jurisdiction for revision against such orders.

182. Notification of rules and regulations in the official Gazette.– Every rule and regulation made under this Order shall be made by notification in the official Gazette.

183. Powers to prosecute under any other law not affected.– Nothing contained in this Order shall be construed to prevent any person from being prosecuted under any other law for the time being in force for any offence made punishable under this Order.

184. [11][* * * * * * * * * * * *]

185. Repeal and savings.– (1) The Police Act, 1861 (V of 1861), hereinafter referred to as the said Act, is hereby repealed:

Provided that–

(a) all rules prescribed, appointments made, powers conferred, orders made or passed, consent, permit, permission of licences given, summons or warrants issued or served, persons arrested or detained or discharged on bail or bond, search warrants issued, bond forfeited, penalty incurred under the said Act shall, so far as they are consistent with this Order, be deemed to have been respectively prescribed, made, conferred, given, passed, served, arrested, detained, discharged, forfeited and incurred hereunder;

(b) all references made to the said Act or in any law or instrument shall be construed as references to the corresponding provisions of this Order.

(2) Notwithstanding the repeal of the said Act, the repeal shall not–

(a) affect the validity, invalidity, effect or consequence of anything duly done or suffered under the said Act;

(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under the said Act;

(c) affect any penalty, forfeiture or punishment incurred or inflicted in respect of any act or offence committed against the said Act;

(d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the said Act has not been repealed; and

(e) affect any proceeding pending in any court or before any authority under the said Act, and any such proceeding and any appeal or revision arising out of such proceeding shall be continued, instituted or disposed of, as if the said Act had not been repealed.

186. Existing police deemed to be constituted under this Order.– Without prejudice to the provisions contained in Article 185, the police functioning in the Provinces and in Islamabad Capital Territory immediately before the commencement of this Order shall on such commencement be deemed to be police constituted under this Order.

187. Power to remove difficulties.– (1) If any difficulty arises in giving effect to the provisions of this Order, the Government may, by notification in the official Gazette, make such provisions as appear to be necessary or expedient for removing the difficulty:

Provided that no such notification shall be issued after the expiry of two years from the commencement of this Order.

(2) Every notification issued under this Article shall be laid before the Parliament or the Provincial Assembly, as the case may be.


FIRST SCHEDULE

SENIOR AND JUNIOR RANKS

[Article 2 (xii) and Article 2 (xxv)]

1. Senior Police Ranks–

(i) Inspector-General

(ii) Additional Inspector General

(iii) Deputy Inspector General

(iv) Assistant Inspector General/Senior Superintendent

(v) Superintendent

(vi) Assistant Superintendent/Deputy Superintendent

2. Junior Police Ranks–

(i) Inspector

(ii) Sub-Inspector

(iii) Assistant Sub-Inspector

(iv) Head Constable

(v) Constable

SECOND SCHEDULE

(ARTICLE 24)

FORM OF OATH OR AFFIRMATION BY MEMBERS OF POLICE

I ___________________ do hereby swear/solemnly affirm that I shall be faithful and bear true allegiance to Pakistan and to the Constitution of the Islamic Republic of Pakistan; that as member of the Police I shall honestly, impartially and truly serve the people without fear, favour or affection, malice or ill-will; that I will to the best of my ability, skill and knowledge discharge, according to law, such functions and duties as may be entrusted to me as a member of the police and in such a manner as to uphold and protect the dignity and rights of the citizens; that I shall abide by the principles contained in the Code of Conduct for police officers.

THIRD SCHEDULE

(ARTICLE 25)

CERTIFICATE OF APPOINTMENT

SEAL

No _____________________

Certificate of appointment issued under Article 25 of the Police Order, 2002, Mr. __________________________________ has been appointed ____________________ and is invested with the powers, functions and privileges of a police officer under Article _______ of Police Order, 2002, in the Capital City District _____/City District________/District Police/ Area _____________ under the charge of Provincial Police Officer/ Capital City Police Officer________/City Police Officer______________ on this day of _________.

Signature_______________

Designation_____________

[1]Pursuant to proclamation of Emergency of 14 October 1999, and the Provisional Constitution Order No.1 of 1999, as amended, and in exercise of all powers enabling him in that behalf, the Chief Executive of the Islamic Republic of Pakistan, made and promulgated this Order which was published in the Gazette of Pakistan (Extraordinary) dated 14 August 2002, pages 945-1022.

This Order was originally in the Federal ambit, however, the subject on which this Ordinance was promulgated devolved to the provinces by virtue of 18th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the Punjab by the Punjab Boilers and Pressure Vessels (Amendment) Act 2013 (XX of 2013).

[2]Inserted by the Police (Amendment) Order 2002 (Chief Executive’s Order No.36 of 2002), dated 13 November 2002, effective from 14 August 2002.

[3]Substituted by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013).

[4]Inserted by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013).

[5]Omitted by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013).

[6]The expression “by the National Public Safety Commission from a list provided” omitted by the Police Order (Amendment) Act 2017 (XIII of 2017).

[7]Substituted by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013).

[8]Inserted by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013).

[9]Inserted by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013).

[10]Inserted by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013).

[11]Article 184 “Power to amend” omitted by the Punjab Police Order (Amendment) Act 2013 (XXI of 2013).


 

THE LAND REFORMS REGULATION 1972

THE LAND REFORMS REGULATION 1972 [Punjab]

PART I-PRELIMINARY

1. Short title, extent and commencement.

2. Definitions

3. Regulation to override other laws etc.

PART II-CONSTITUTION AND POWERS OF LAND COMMISSIONS

4. Constitution of Land Commissions and their powers.

4-A.Constitution of Federal Land Commission etc.

5. Delegation of powers.

6. Power to make Rules

PART III-RESTRICTIONS ON OWNERSHIP AND POSSESSION OF LAND

7. Certain transfers void.

8. Limits on individual holdings.

9. Share in Shamilat

10. Acquisition of Land by Government Servants.

11. Choice and exchange of areas

PART IV-OBTAINING OF DECLARATIONS AND VESTING OF EXCESS LAND IN GOVERNMENT

12. Declarations

13. Vesting in Government of excess land

14. Resumption in case of exchange of land allotted in the border areas

15. Stud and live-stock farms

16. Shikargahs.

17. Religious, charitable and educational societies, institutions and trusts

PART V-UTILIZATION OF SURRENDERED AND RESUMED LAND

18. Grant of land to tenants

19. Utilisation of land under orchards, studs or live-stock farms.

20. Utilisation of land under resumed Shikargahs.

21. Utilisation of land resumed from religious, charitable and educational societies.

PART VI-IMPARTIBILITY AND RESTRICTIONS ON ALIENATION OF HOLDINGS

22. Restrictions on partition of joint holdings

23. Management of impartible joint holdings

24. Restrictions on alienation of holdings

PART VII-TENANTS

25. Rights of tenants

PART VIII-MISCELLANEOUS

26. Bar of jurisdiction

27. Indemnity

28. Grantees of land under the repealed Regulation not to pay installments

PART IX-REVISION, PUNISHMENT AND PROCEDURE

29. Revisional powers of the Federal Government

30. Offences and penalties

31. Cognizance of offences

32. Repeal and saving


[1]THE LAND REFORMS REGULATION, 1972

Regulation No.115

Whereas Islam enjoins equitable distribution of wealth and economic powers and abhors their concentration in a few hands;

And whereas it is in the supreme national interest to improve the economic well-being of the peasantry, by making agriculture a profitable vocation;

Now, therefore, the Chief Martial Law Administrator is pleased to make the following Regulation.

PART I–PRELIMINARY

1. Short title, extent and commencement.– (1) This Regulation may be called the Land Reforms Regulation, 1972.

(2) It extends to the provinces of Baluchistan, the North-West Frontier, Punjab, Sind and the Islamabad capital territory, but shall not apply to the centrally administered tribal areas.

(3) It shall come into force at once.

2. Definitions.– In this Regulation, unless there is anything repugnant in the subject or context,–

(1) ‘Commission’ means a Land Commission constituted under Paragraph 4.

(2) ‘Economic holding’ means,–

(a) Except for the purposes of paragraphs 22 and 24,–

(i) in the Provinces of Sind and Baluchistan an area, whether or not within one estate or mauza or deh, sixty-four acres of land,

(ii) elsewhere, an area, whether or not within one estate or mauza or deh, two squares or two rectangles or fifty acres, whichever is more; and

(b) For the purposes of paragraphs 22 and 24, an area specified in sub-clause (A) comprised within one estate or mauza or deh.

(3) “Government” means in relation to the Islamabad capital territory, the Central Government, and in relation to a province, the Government of that province;

(4) “Land” means land which is not occupied as the site of a town, village, factory or industrial establishment, and is occupied or has been or can be let for agricultural purposes or for purposes allied or subservient to agriculture, and includes the sites of buildings and other structures on such land;

(5) “Orchard” means land under fruit trees planted to a density of twenty-five trees or more per acre grown and maintained by human effort;

(6) “Owner” includes a person deemed to be an owner under sub-section (4) of section 184 of the West Pakistan Land Revenue Act, 1967 (W.P. Act XVII of 1967);

(7) “Person” includes a religious, educational or charitable institution, every trust, whether public or private, a Hindu undivided family, a company or association or body of individuals, and a co–operative or other society, but does not include a local authority, a university established by law, a body incorporated by a central or provincial law, [2][a co-operative farming society registered under the Co-operative Farming Ordinance, 1976 (XXII of 1976), or a livestock farm or an educational institution exempted by the Government] from the operation of this Regulation;

(8) “Prescribed” means prescribed by rules made under this Regulation;

(9) “President” means the President of Pakistan;

(10) “Produce Index Unit” means the measure in terms of which the comparative productivity of an area of land of a particular kind in a particular assessment circle or area is computed and expressed for the purposes of the schemes relating to the resettlement of displaced persons on land, or was determined under the provisions of sub-paragraph (10) of paragraph 2 of the Repealed Regulation. And, in respect of an assessment circle or area where no such unit was determined, such measure as may be determined by the Commission for the province within which such assessment circle or area is situated;

(11) “Repealed Regulation” means the West Pakistan Land Reforms Regulation (Regulation 64 of 1959); [3][* * *]

(12) “Subsistence holding” means an area of thirty-two acres of land in the Province of Baluchistan, sixteen acres of land in the Province of Sind and half a square or half a rectangle or twelve and half acres of land, whichever is more, elsewhere:

Provided that for the purposes of paragraphs 22 and 24, a “subsistence holding” shall mean such holding comprising an area or areas within one estate or “Mauza” or “Deh” [4][; and]

[5][(13) “tenant’ means a person who holds land under another person, and is, or, but for a special contact, would be, liable to pay rent for that land to that other person and includes the predecessors and successors-in-interest of such person, but does not include–

(a) a mortgagee of the rights of a land-owner; or

(b) a person holding any land under the Federal Government or a Provincial Government, or under any statutory authority or corporation set up by any such Government as may be notified by it in this behalf; or

(c) a person to whom a holding has been transferred, or an estate or holding has been let in farm, for the recovery of an arrear of land revenue or of a sum recoverable as such an arrear; or

(d) a lessee, whether cultivating the land himself or through another person.]

3. Regulation to override other laws etc.– The provisions of this Regulation, and any rule or order made thereunder, shall have effect notwithstanding anything to the contrary in any other law, or in any order or decree of a Court or tribunal or other authority, or in any rule or custom or usage, or in any contract, instrument, deed or other document.

PART II–CONSTITUTION AND POWERS OF LAND COMMISSIONS

4. Constitution of Land Commissions and their powers.– (1) For carrying out the purposes of this Regulation, there shall be constituted for each Province a Commission to be known as the Land Commission of the Province concerned, consisting of the Governor of that Province, who shall be its Chairman, and not more than three members, to be appointed by the [6][Chief Minister.]

(2) The Commission for the Province of the Punjab shall also be the Commission for the Islamabad capital territory.

(3) A Commission of a Province shall have all the powers necessary for the implementation of this Regulation within the Province.

(4) A Commission may nominate one of its members to be the Chief Land Commissioner, who shall, subject to such directions as may from time to time be given by the Commission, be responsible for the implementation of this Regulation.

(5) Each Commission may set up organizations and appoint officers, authorities and persons, and confer powers on, and assign duties to them.

(6) Where any dispute arises in carrying into effect the provisions of this Regulation, it shall be referred to the Commission for the province within which such dispute arises, and the decision of the Commission thereon shall be final.

(7) Where any dispute or difference arises between two or more Commissions with respect to any provision of, or any matter connected with this regulation, it shall be referred to the [7][Federal Government] whose decision thereon shall be final.

(8) Where any matter is not provided for in this Regulation, or any difficulty arises in giving effect to the purposes of this Regulation, a Commission may, with the approval or on the direction of, the [8][Federal Government] make such provisions in respect thereof as it thinks fit, or as may be directed by the [9][Federal Government] and such order shall be deemed to form a part of this Regulation and have effect accordingly.

[10][4-A. Constitution of Federal Land Commission etc.– (1) For the purposes of this Regulation, there shall be constituted a Commission to be known as the Federal Land Commission, consisting of a Federal Minister nominated by the Federal Government, who shall be its Chairman, and not more than three members to be appointed by the Federal Government.

(2) The Federal Land Commission shall exercise and perform all such powers and functions as may be necessary for the implementation of this Regulation throughout the areas to which it extends and shall, in particular,–

(i) assist the Federal Government in deciding any dispute or difference referred to in sub-paragraph (7) of paragraph 4 and in giving any approval or direction under sub-paragraph (8) of that paragraph;

(ii) assist the Federal Government in the exercise of its revision powers under paragraph 29;

(iii) co-ordinate the work of the different Commissions to ensure that a uniform policy is followed in all the Provinces in implementing the provisions of this Regulation; and

(iv) lay down general guidelines to be observed by the Commissions in carrying out their duties and functions under this Regulation and issue from time to time such instructions as may be considered necessary.

(3) The Federal Land Commission may make rules to regulate its procedure and appoint its own officers and servants and confer powers upon, and assign duties, to them.

(4) The Federal Land Commission may direct that the powers exercisable by it under this paragraph may, subject to such conditions, if any as may be specified by it, be exercised also by any of its members or officers empowered by it in this behalf.]

5. Delegation of powers.– A Commissions may, by notification in the official Gazette, direct that the powers exercisable by it under this Regulation may, subject to such conditions, including provisions as to appeal, revision or review, if any, as may be specified in the notification, be exercised also by any of its members or officers or authorities subordinate to it:

Provided that a Commission shall not delegate its powers under sub–paragraph (2) of paragraph 7 to an officer below the rank of a Commissioner of a Division.

6. Power to make Rules.– A Commission may make rules for carrying out the purposes of this Regulation, including rules on matters relating to or connected with the presentation, hearing and determination of appeals from, and applications for the revision and review of, orders made under this Regulation.

PART III–RESTRICTIONS ON OWNERSHIP AND POSSESSION OF LAND

7. Certain transfers void.– (1) Save as otherwise provided in this Regulation–

(a) The transfer of any land, and the creation of any right or interest in or encumbrance on any land, made in any manner whatsoever in respect of any area, on or after the twentieth day of December 1971, by any person holding immediately before that date an area of more than one hundred and fifty acres of irrigated land or three hundred acres of unirrigated land or an area equivalent to fifteen thousand units (calculated on the basis of classification of soil as entered in the revenue records for kharif 1969 and rabi 1969-1970), whichever shall be greater, shall be and shall be deemed always to have been void, and the land so transferred or encumbered shall be deemed to have been owned or possessed, as the case may be, by the person by whom it was owned or possessed immediately before that date:

Provided that in the case of a person to whom the provisions of sub-paragraph (2) of paragraph 8 apply, no such transfer or creation of any right or interest or encumbrance shall be void unless he was holding on the said date an area more than eighteen thousand produce index units.

(b) save in case where the Commission is satisfied that it was a bona fide transaction, the transfer of any land and the creation of any right or interest in or encumbrance on any land, made in any manner whatsoever, by any person holding on first March 1967, an area equivalent to more than fifteen thousand produce index units (calculated on the basis of classification of soil as entered in the revenue records for kharif 1966 and rabi 1966–67), shall be and shall be deemed always to have been void, and the land so transferred or the land on which the right, interest or encumbrance was so created shall be, and shall be deemed always to have been, owned or possessed, as the case may be, by the person by whom it was owned or possessed immediately before that date:

[11][Provided that any transfer of land or creation of any right or interest in or encumbrance on any land by way of gift by a person to whom this clause applies shall, subject to the next succeeding proviso in no case be held by the Commission to be a bona fide transaction:

Provided further that nothing in this clause shall apply to–

(i) any transfer of land or creation of any right or interest in or encumbrance on any land, by way of gift or otherwise, made by a person in favour of his heirs; or

(ii) any transfer of land or right or interest therein by way of gift, made by a person in favour of his widowed or unmarried sister, who has not received her due share of inheritance of ancestral land; or

(iii) any transaction whereby any land was alienated in exchange for an area of land equivalent to the same or substantially same produce index units as the land alienated;]

Explanation I.– For the purposes of this sub-paragraph and paragraph 10, an heir shall mean the owner’s wife or wives, sons, daughters, father, mother and sons and daughters of a deceased son or daughter.

[12][ Explanation II.– * * * * * * *]

Explanation III.– In determining whether a transaction referred to in clause (b) of paragraph (1) was bona fide or otherwise, the Commission shall, among other matters, take into consideration the following factors:–

(i) Whether adequate consideration has been paid by or on behalf of the person in whose favour the transfer has been made or any right, interest or encumbrance has been created;

(ii) under whose management the land has remained which is claimed to have been transferred or in respect of which any right, interest or encumbrance has been created;

(iii) who has been paying the land revenue and other charges in respect of such land;

(iv) who has been receiving the rent for or Batai share from such land.

(2) If any question arises whether any transfer or other transaction is or is not void under sub–paragraph (1), the decision of the Commission thereon shall, subject to the provisions of paragraph 29, be final.

(3) Nothing in sub–paragraph (1) shall apply to any transfer of land or the creation of any interest or right or encumbrance on any land made by a person who held on twentieth December 1971, land in excess of the permissible limits under paragraph 8, after he has surrendered to Government, in accordance with the provisions of this Regulation, the land in excess of such limits.

8. Limits on individual holdings.– (1) Save as otherwise provided in this Regulation, no person shall, at any time, own or in any capacity possess land in excess of one hundred and fifty acres of irrigated land or three hundred acres of unirrigated land, or irrigated and unirrigated land the aggregate area of which exceeds one hundred and fifty acres of irrigated land (one acre of irrigated land being reckoned as equivalent to two acres of unirrigated land), or an area equivalent to fifteen thousand produce index units of land, whichever shall be greater.

(2) Notwithstanding the provisions of sub–paragraph (1), an owner may retain, out of the area of land he was holding immediately before the commencement of this Regulation, such additional area, if any, which would bring the total area retained by him to the equivalent of eighteen thousand produce index units, if on the twentieth of December 1971.–

(i) he owned an agricultural tractor, certified to be in good working order by an officer authorized by the Commission in this behalf; or

(ii) there was installed on his land a tube–well, of not, less than ten horse–power.

[13][(3) Any person, who, at any time before the commencement of this Regulation but not earlier than the twenty–fifth day of December 1971, became the owner of an agricultural tractor certified as provided in clause (i) of sub–paragraph (2) or had installed on his land a tubewell of not less than ten horse–power, or at any time after the commencement of this Regulation becomes the owner of such a tractor or installs on his land such a tubewell, shall, notwithstanding, the provisions of sub–paragraph (1), be entitled, after becoming the owner of such tractor or having installed such a tubewell, to acquire, possess or own such additional area as would bring the total area possessed of owned by him to the equivalent of fourteen thousand produce index units:

Provided that a person who on the twentieth day of December, 1971 was in possession of an area of land equivalent to more than twelve thousand additional area of land under this sub–paragraph until he has surrended to Government land in excess of area equivalent to twelve thousand produce index units.]

9. Share in Shamilat.– (1) A person owning or possessing or possessing a share in shamilat shall not be entitled to own or possess any such share if, after surrender of any land under this Regulation, he owns or possesses outside that shamilat, the maximum permissible area of land under paragraph 8.

(2) In case the area owned or possessed by such person, outside the shamilat, after surrender of any land under this Regulation, is less than the maximum area of land that can be owned or possessed under paragraph 8, he shall be entitled to so much share in the shamilat as, together with the other area owned or possessed by him, does not exceed such maximum area.

10. Acquisition of Land by Government servants.– (1) No person who is or has been in the [14][Civil Service] of Pakistan and has at any time between January 1, 1959, and two years of his ceasing to be in [15][Civil Service], acquired any land or any right or interest therein, by any means whatever, either in his own name or in the name of any of his heirs or any other person, shall own or possess any land exceeding 100 acres:

Provided that, subject to the other provisions of this Regulation, any such person may, in addition to 100 acres of land, own or possess any land which has devolved on him by inheritance or any other land, not exceeding the area of the land so inherited, which has been acquired by him, in lieu of the land so inherited, whether by exchange or sale, either in his own name or in the name of any other person.

[16][Explanation.– For the purposes of this sub-paragraph and clause (d) of sub-paragraph (1) of paragraph 12, “civil service of Pakistan” means any civil service, post or office in connection with the affairs of the Federation or a Province, and includes a service as a Judge of the Supreme Court or a High Court Comptroller and Auditor-General, Chief Election Commissioner and Chairman or Member of the Federal or a Provincial Public Service Commission, but does not include service, as President, Governor, Minister of State, or as a Speaker, Deputy Speaker or other Member of the National or a Provincial Assembly.]

(2) Where any person [17][to whom the provisions of sub-paragraph (1) apply] has, within the period specified therein, transferred in favour of any of his heirs or has acquired in the name of any of them any land, and such land continues to be owned or possessed by his heirs, he shall for the purposes of that sub–paragraph be deemed to be the owner of such land.

(3) Nothing in this paragraph shall apply to a person who is serving or has retired as member of [18][the Military, Naval, or Air Forces] of Pakistan.

11. Choice and exchange of areas.– (1) If a person owns or possesses an area of land exceeding the area permitted under this part, he shall select out of his holding the area which he is entitled to retain, and, in doing so, shall, as far as possible, select compact blocks of not less than the size of an economic holding.

(2) If a person owns or possesses an area of land exceeding the area permitted under this part, he may be allowed to interchange the whole or any part of such area with an area owned or possessed by any member of his family, for the purposes of consolidation on the basis of equality of the produce–index value of the area proposed to be interchanged.

[19][Explanation.– For the purpose of this sub–paragraph, ‘family mean husband, wife, parents, children, brothers and sisters.]

PART IV–OBTAINING OF DECLARATIONS AND VESTING OF EXCESS LAND IN GOVERNMENT

12. Declarations.– (1) A Commission may, by order published in the official Gazette, direct the following classes of persons to submit to such authority, in such manner and form and by such date, as may be specified in the order, the following declarations:–

(a) Declarations by persons who on March 1, 1967, owned or possessed land in excess of an area equivalent to 15,000 produce–index units calculated on the basis of classification of soil as entered in the revenue records for kharif, 1966, and rabi, 1966–67.

(b) Declarations by persons who on December 20, 1971, owned or possessed an area in excess of 15,000 produce–index units calculated on the basis of classification of soil as entered in the revenue records for kharif, 1969, and rabi, 1969–70, or irrigated land in excess of 150 acres, whichever shall be greater.

(c) Declarations by persons who have been granted land under the West Pakistan Border Area Regulation, 1959 (Regulation 9 of Zone ‘B’) and have exchanged the whole or any part of such land with any other land.

(d) Declarations by persons in the [20][Civil Service] of Pakistan and other persons to whom the provisions of Paragraph 10 apply, who own or possess land in excess of the permissible limits laid down in the said paragraph.

(e) Declarations by persons who were allowed to retain or were granted lease of any stud or live–stock farms under the repealed Regulation.

[21][(ee) Declarations by persons who, at any time after the commencement of this Regulation, have come, or come, to own or possess land in excess of the area permissible for retention under Part III;]

(f) Such other declarations as may be required by the Commission.

(2) Where a person who is required to make a declaration under this paragraph owns or possesses land in more than one Province, he shall make the declaration to the Commission for the Province where he permanently resides, and the said Commission shall have the authority to call for any information concerning the said declaration from any other Province where the declarant owns or possesses land, and to pass orders thereon.

13. Vesting in Government of excess land.– (1) Land in excess of the area permissible for retention under Part III shall vest absolutely in Government free from any encumbrance or charge and without payment of any compensation.

(2) Any encumbrance or charge existing on land surrendered by a person, which vests in Government under sub–paragraph (1) shall be deemed to have been transferred to the land retained by such person under Part III.

[22][(3) Where any person is in possession of, or is holding, land in excess of the area permissible for retention under Part III so much of such excess land as is in his possession as a lessee or mortgagee or is held by him as the landlord of an occupance or a Muqarraridar or as an Ala Malik shall not vest in Government but shall, subject to the other provisions of this Regulation, revert to the lessor or mortgagor, occupancy tenant, Muqarraridar or Adna Malik as the case may be, and shall be deemed to hare so reverted at the commencement of this regulation.]

14. Resumption in case of exchange of land allotted in the border areas.– Where any person to whom any land has been granted under the West Pakistan Border Area Regulation, 1959 (Regulation 9 of Zone B), has exchanged the said land with any other land outside the “border area” as defined in the said Regulation, the land so obtained in exchange by such person shall vest absolutely in Government free from any encumbrance or charge, and without payment of any compensation.

15. Stud and live–stock farms .– (1) All areas under stud or livestock farms, whether state land or otherwise, allowed to be retained under the provisions of paragraph 9 of the Repealed Regulation shall [23][, whether or not the areas are held by the persons who held them at the commencement of that Regulation or by those to whom leases were granted thereunder or any other law] be resumed and vest in Government free from any encumbrance or charge whatsoever:

Provided that where any compensation in respect of any such farm has already been calculated and sanctioned under the provisions of paragraph 17 of the Repealed Regulation, the said compensation shall be payable to the owners of the said farms.

16. Shikargahs.– All areas under shikargahs in the possession or under the management of any person shall be resumed and vest in Government free from any encumbrance or charge whatsoever, and without payment of any compensation.

17. Religious, charitable and educational societies, institutions and trusts.– The provisions of paragraph 8 shall apply to every religious, charitable or educational society or institution and to every trust or wakf, whether public or private:

Provided that nothing in this part shall apply to: (I) Universities established by law: (II) Educational institutions exempted by Government from the operation of this Regulation.

PART V–UTILIZATION OF SURRENDERED AND RESUMED LAND

18. Grant of land to tenants.– (1) Land which vests in Government under the provisions of paragraph 13 or paragraph 15 shall, subject to the other provisions of this paragraph, be granted free of charge to the tenants who are shown in the revenue records to be in cultivating possession of it in [24][Kharif 1971 and Rabi 1971-72] [25][or, in the case of land vesting in Government on the basis of a declaration made pursuant to clause (ee) of sub-paragraph (i) of paragraph 12, to the tenant who is shown in the Revenue Records to be in cultivating possession of it in the year immediately preceding such declaration] [26][:]

[27][Provided that no land shall be granted to tenants who, but for the making of this Regulation, would have been entitled to inherit land from any of the persons from whom land has been resumed under this Regulation.]

(2) Where a tenant who is entitled to the grant of land under sub–paragraph (1) already owns any land, he shall be granted only so much land under the said sub–paragraph which together with the land already owned by him equals an area of a subsistence holding.

(3) Where any land is not shown in the revenue records to be in cultivating possession of any tenant, during [28] [Kharif 1971 and Rabi 1971–72], it shall be granted to such tenant or other persons owning less than a subsistence holding, and on such terms and conditions, as the Government may determine[29][.]

[30][Provided that Government may utilize any such land for such public purpose as it may deem fit.]

(4) Nothing in this paragraph shall apply to orchards [31][or to any state land, granted on installments where any installment in respect of such land remains unpaid.]

19. Utilisation of land under orchards, studs or live–stock farms.– Land under orchards, studs or live–stock farms which is resumed and vests in Government under the provisions of paragraph 15 may be utilized by Government in such manner as it deems fit:

Provided that if in the public interest Government decides to lease out any such land, the person from whom it was resumed shall have the right of first option to the grant of lease [32][of the land resumed from him or of such portion thereof as the Government may determine] [33][of the whole or such part of, or area from, such land, as government amy deem fit] [34][:]

[35][Provided further that if, in the opinion of Government, the performance of such person before the resumption of such land was not satisfactory, the Government may not grant lease of such land or any portion thereof to such person and may lease it out to any other person; and the decision of the Government in this behalf should be final.

Bar of jurisdiction.– A decision of the Government under second proviso to paragraph 19 of the Land Reforms Regulation, 1972, as amended by this Order, shall not be called in question before any court, including the Supreme Court and a High Court, on any ground whatsoever.]

20. Utilisation of land under resumed Shikargahs.– Land under shikargahs resumed under paragraph 16 shall be utilized in such manner as the Government may determine.

21. Utilisation of land resumed from religious, charitable and educational societies.– Land resumed under the provisions of paragraph 17 shall be utilized in such manner as may be prescribed:

Provided that if in the public interest Government decides to lease out any such land, the person from whom it is resumed shall have the right of first option to the grant of the lease [36][of the Land resumed from him or of such portion thereof as the Government may determine] [37][of the whole or such part of, or area from, such land, as Government may deem fit] of the land resumed from him or of such portion thereof as the Government may determine.

PART VI–IMPARTIBILITY AND RESTRICTIONS ON ALIENATION OF HOLDINGS

22. Restrictions on partition of joint holdings.– (1) [38][A joint holding with an area equal to or less than that of a subsistence holding shall not be partitioned except where the joint-holders own, individually or jointly, other land in the same deh or village, and the partition has the effect of every such holder owning, whether individually or jointly, a holding with an area not less than that of a subsistence holding.]

(2) A joint holding larger than a subsistence holding but smaller than an economic holding shall not be partitioned, if partition has the effect of dividing the holding into such parts that any one part added to the area already owned or possessed by the individual co–sharer to whom that part would go becomes less than the area of a subsistence holding.

[39][(3) A joint holding with an area equal to that of an economic holding shall not be partitioned, except where the joint-holders own other land in the same deh or village, and the partition has the effect of such holder owning, whether individually or jointly, a holding with an area not less than that of an economic holding.]

(4) A joint holding with an area greater than that of an economic holding shall not be partitioned in such a way as to leave no individual holding taken together with the area which the owner may already possess equal to an economic holding, or to leave the individual holding of any one of the joint owners less than the area of a subsistence holding.

(5) Partition of land in contravention of this provisions of this paragraph shall be void.

[40][(6) Nothing in this paragraph shall apply to–

(a) holdings which are jointly owned by evacuees and non–evacuees and are required to be partitioned in accordance with the procedure prescribed under any Rehabilitation or Settlement Scheme;

(b) holdings which are jointly owned by owners of land and occupancy tenants or Muqarraridars required to be partitioned in accordance with the procedure prescribed by or under any law for the time being in force;

(c) small strips of land bona fide required for the purpose of building thereon;

(d) joint Khatas when the entire area of a village or deh is redistributed among various land owners as a result of consolidation of holdings; or

(e) a joint holding required to be partitioned for the purpose of separating the land resumed by Government under any of the Land Reforms Laws from the land not so resumed.]

23. Management of impartible joint holdings.– (1) A joint holding the partition of which is not permissible under paragraph 22 shall continue to be managed as a single unit.

(2) In the event of a dispute regarding the management of any such joint holding as aforesaid,–

(a) the co–sharers may select one of themselves by drawing of lots or otherwise, who will manage, on their behalf, the holding, and from whom they will receive their shares of the income; or

(b) if the co–sharers cannot so select, they may request the collector of the district in which such holding is situate to nominate one of the co–sharers to manage as aforesaid.

(3) If in the opinion of the Commission, no arrangement for joint management between the co–sharers is possible, the Commission may acquire the holding on payment of such compensation as may be determined in the prescribed manner.

Explanation.– If a co–sharer is for the time begin a minor or lunatic, his guardian shall be treated as a co–sharer for the purpose of this paragraph.

24. Restrictions on alienation of holdings.– (1) No person owning more than the area of an economic holding shall be allowed to alienate by sale, mortgage, gift or otherwise any portion of his holding which may reduce the size of his holding to an area below the limit of an economic holding:

Provided that such a person may alienate his entire holding.

(2) No person owning an economic holding should be allowed to alienate by sale, mortgage gift or otherwise any portion of his holding:

Provided that such a person may alienate his entire holding.

(3) No person owning more than the area of a subsistence holding but less than an economic holding shall be allowed to alienate by sale, mortgage, gift or otherwise any portion of his holding which may reduce the size of this holding to an area less than the area of subsistence holding:

Provided that such a person may alienate his entire holding.

(4) No person owning an area equal to or less than a subsistence holding shall be allowed to alienate by sale, mortgage, gift or otherwise any part of his holding:

[41][Provided that he may alienate the entire holding or, in the case of a holding which is less than a subsistence holding, he may alienate any part of his holding by way of gift to any of his presumptive heirs or exchange with, or mortgage or otherwise alienate to, other owners or landless tenants of the same village, Deh or Mauza.]

(5) Any alienation made in contravention of the provision of this paragraph shall be void [42][to the extent by which the economic holding or, as the case may be, subsistence holding is reduced.]

[43][(6) Nothing in this paragraph shall apply to–

(a) land, whether cultivable or otherwise, which is bona fide required for the purpose of building thereon and any tenant in possession of such land who refuses to quit after notice, may be evicted under the orders of the Deputy Commissioner;

(b) mortgage of land, without possession, in favour of Government or an institution owned, managed controlled by Government;

(c) the holder of a pre-emption decree in respect of an area less than a subsistence holding;

(d) any land, or part of any land situated within the jurisdiction of a Municipality, a Cantonment Board or an Improvement Trust and included in a House Building Scheme prepared or approved by such body; or

(e) the alienation of land in the Distrits of Attock, Rawalpindi and Jhelum in favour of a person certified by the Deputy Commissioner concerned to have been displaced from Hazara District or Mardan District in consequence of the construction of Tarbela Dam.]

PART VII–TENANTS

25. Rights of tenants.– (1) [44][Subject to the other provisions of this Regulation], a tenant shall not be ejected from his tenancy unless it is established in a revenue Court that he has –

(a) failed to pay the rent in accordance with the terms of his tenancy; or

(b) used the land comprised in the tenancy in a manner which renders it unfit for the purposes for which he held it; or

(c) failed to cultivate or arrange for the cultivation of the land comprised in the tenancy in accordance with the terms thereof, or if there are no express terms in this behalf, in accordance with the customary manner of cultivation in the locality; or

(d) sub–let his tenancy.

(2) The crop grown at any time during Rabi 1971–72 on any land comprised in a tenancy shall, on its maturing, be apportioned between the tenant and the landlord in accordance with the law for the time being in force.

(3) As from Kharif 1972.–

(a) Land revenue and other taxes, cesses, surcharge and levies on land shall be payable by the owner;

(b) The liability for payment of water–rate, and providing seed for any land shall be that of the owner or other person in possession thereof, other than the tenant;

(c) The cost of fertilizers and pesticides required for the land comprised in a tenancy shall be shared equally between the owner and the tenant;

(d) Subject to the other provisions of this Regulation, a tenant have the first right of pre–emption in respect of the land comprised in his tenancy.

(4) No owner or person in possession of any land shall levy any cess on or take any free labour from any of his tenants.

[45][(5) All suits for enforcing the right of pre-emption in respect of land comprised in a tenancy shall be exclusively entertained, heard and decided by the Collector within whose jurisdiction the land in respect of which the right of pre-emption has been claimed is situated and all such suits which may be pending in any Court immediately before the commencement of the Land Reforms (Amendment) Ordinance, 1976, shall, on such commencement, stand transferred to the Collector concerned.]

(6) Any person aggrieved by an order passed by a Collector under the preceding sub–paragraph may, within thirty days of such order, prefer an appeal to Commissioner.

(7) The Board of Revenue may at any time of its own motion or otherwise call for the record of any case or proceedings under this paragraph which is pending or in which a Collector or Commissioner has passed an order, for the purpose of satisfying itself as to the correctness, legality or propriety of such proceedings or order, and may pass such order in relation thereto as it thinks fit:

Provided that no order shall be passed under this sub–paragraph revising or modifying an order affecting any person unless such person has been afforded an opportunity of being heard:

Provided further that the record of any case or proceedings in which a Collector or Commissioner has passed an order shall not be called for under this sub–paragraph on the application of any aggrieved person made after the expiration of thirty days from the date of such order.

(8) For the purposes of this paragraph a Collector, a Commissioner and the Board of Revenue shall be deemed to be a Civil Court and shall have all powers of a Civil Court under any law for the time being in force and the final order passed in such suits shall be deemed to be a decree of a Civil Court and shall be executed as such.

(9) In computing the limitation provided for in sub–paragraph (6) or sub–paragraph (7), the provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of 1908) shall apply.

Explanation.– In this paragraph, “Collector”, “Commissioner” and “Board of Revenue” have the meaning assigned to them in the Punjab Land Revenue Act, 1967 (W.P. Act XVII of 1967).]

PART VIII–MISCELLANEOUS

26. Bar of jurisdiction.– (1) No provision of this Regulation or of any rules or orders made thereunder shall be called in question in any Court, including the High Court and the Supreme Court, or before any authority other than an authority appointed under this Regulation, and no such Court or authority shall have jurisdiction in respect of any matter which the Commission is empowered to determine.

(2) No such Court or authority as aforesaid shall be competent to grant any injunction or other order in relation to any proceeding before the Commission or before any officer exercising any power or discharging any function under this Regulation or the rules or orders made thereunder, or in relation to anything done or intended to be done by or at the instance of the Commission or such officer.

27. Indemnity.– No suit or other legal proceedings shall lie against Government or against any person in respect of anything which is in good faith done or intended to be done under this Regulation.

28. Grantees of land under the repealed Regulation not to pay installments.– A grantee of land under the Repealed Regulation shall be discharged from all liability in respect of any installments payable by him under paragraph 19 of the said Regulation.

[46][Explanation.– For the purposes of this paragraph, “grantee of land” means–

(a) a tenant, or a resident of the Baluch area of Dera Ghazi Khan district referred to in the Pakistan (Punjab Boundary) Order, 1950 (G.G.O. No.2 of 1950), to whom land was granted under the Sale Scheme prescribed under the repealed Regulation; or

(b) a tenant or small land–owner of the village concerned to whom land was granted under the Upgrading Scheme prescribed under the repealed Regulation.]

PART IX–REVISION, PUNISHMENT AND PROCEDURE

[47][29. Revisional powers of the Federal Government.– The Federal Government, or any person authorized by it in that behalf, may at any time, of its or his own motion or otherwise, call for the record of any case or proceedings under this Regulation which is pending or in which a Commission or any other authority appointed under this Regulation, other than the Federal Land Commission constituted under paragraph 4–A, has passed an order, for the purpose of satisfying itself or himself about the correctness, legality or propriety of such an order, and may pass such order in relation thereto as the Federal Government or, as the case may be, such person thinks fit:

Provided that the Federal Government may, from time to time, specify the cases or class of cases in which it desires to pass final orders:

Provided further that no order shall be passed under this paragraph revising or modifying an order affecting any person unless such person has been afforded an opportunity of being heard:

Provided further that the record of any case or proceedings in which a Commission or other authority has passed an order shall not be called for under this paragraph by the Federal Government or the person authorized by it–

(a) of its or his own motion, after the [48][31st day of March, 1976] or

(b) on the application of any aggrieved person made after the expiration of sixty days from the date of such order or from the enactment of the Land Reforms (Amendment) Act, 1973, whichever is later, excluding the time requisite for obtaining a copy of such order.]

30. Offences and penalties.– Whoever contravenes or fails to comply with any of the provisions of this Regulation or the rules or orders made thereunder or fails to make any declaration or furnish any information required by such provisions or willfully furnishes incomplete or false declaration or information, or tampers with any record relevant to the purposes of such provisions, or obstructs any person in the discharge of his duties or functions under such provisions shall be punished with rigorous imprisonment which may extend to seven years, and where a person has been convicted under this paragraph of willfully making or furnishing a false declaration, the Court convicting him may order that all or any immovable property of such person be forfeited to Government.

31. Cognizance of offences.– No Court shall take cognizance of an offence under this Regulation except on a complaint in writing made by order of, or under authority from, the Commission.

32. Repeal and saving.– (1) The West Pakistan Land Reforms Regulation (Regulation 64 of 1959), hereinafter referred to as the said Regulation, is hereby repealed.

(2) Subject to the other provisions of this Regulation, the repeal of the said Regulation shall not affect–

(a) The previous operation of the said Regulation or the validity, invalidity, effect or consequences of anything already done or suffered thereunder;

(b) Any right, title, privilege, obligation or liability, acquired, accrued or incurred thereunder; or

(c) Any penalty, forfeiture or punishment incurred in respect of any offence under the said Regulation; or

(d) Any investigation, legal proceedings or remedy in respect of any such right, title, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceedings, or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment, may be imposed as if this Regulation had not been made.

(3) Any proceedings pending before an authority constituted or appointed under the said Regulation, immediately before the coming into force of this Regulation, shall stand transferred to such authority constituted or appointed under this Regulation as the Commission may, by order publish in the official Gazette, specify in this behalf, and the authority to which such proceedings are transferred shall, in such proceedings, act in accordance with the provisions of the said Regulation, as if it had been appointed under the said Regulation.

[49][(4) Land vesting in Government under the repealed Regulation and not granted to any person before the repeal thereof shall be disposed of or utilized by Government as far as may be in accordance with the provisions of Part V.]


Footnotes:

[1]This regulation was issued by the Chief Martial Law Administrator on 11 March 1972, and was published in the Gazette of Pakistan (Extraordinary), Pages 291-300.

[2]Substituted by the Land Reforms (Amendment) Act 1976 (Federal Act XLVIII of 1976).

[3]The word “and” deleted by the Land Reforms Regulation (Punjab Amendment) Ordinance 1982 (V of 1982).

[4]Substituted ibid for the full-stop.

[5]Added ibid.

[6]Substituted for the word “Governor” by the Land Reforms (Amendment) Act 1974 (Federal Act XXX of 1974).

[7]Substituted for the word “President” by the Land Reforms (Amendment) Act 1973 (Federal Act LXII of 1973).

[8]Ibid.

[9]Ibid.

[10]Added ibid.

[11]Substituted by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[12]Deleted ibid.

[13]Added by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[14]Substituted for the word “Service” by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[15]Ibid for the word “Service”

[16]Added by the Land Reforms (Punjab Amendment) Act 1973 ( XI of 1973.

[17]Substituted ibid for the words “as is referred to in sub-paragraph (1)”.

[18]Substituted for the words “any of the Defence Services” by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[19]Substituted by the Land Reforms (Amendment) Act 1973 (Federal Act LXII of 1973).

[20]Substituted for the word “Service” by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[21]Added by the Land Reforms (Amendment) Act 1974 (Federal Act XXX of 1974).

[22]Added by the land Reforms (Amendment) Act 1976 (Federal Act XLVIII of 1976).

[23]Inserted by the Land Reforms (Amendment) Act 1974 (Federal Act XXX of 1974).

[24]Substituted by the Land Reforms (Amendment) Act 1974 (Federal Act XXX of 1974).

[25]Added ibid.

[26]Substituted ibid.

[27]Added ibid.

[28]Substituted ibid.

[29]Substituted ibid for full-stop.

[30]Added ibid.

[31]Inserted by the Land Reforms (Punjab Amendment)Act 1973 (XI of 1973).

[32]Inserted by the Land Reforms (Amendment) Act 1973 (Federal Act LXII of 1973).

[33]Added by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[34]Substituted for the full-stop by the Land Reforms (Amendment) Order 1984 (P.O.6 of 1984).

[35]Added by the Land Reforms (Amendment) Order 1984 (P.O.6 of 1984).

[36]Inserted by the Land Reforms (Amendment) Act 1973 (Federal Act LXII of 1973).

[37]Added by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[38]Substituted by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[39]Substituted ibid.

[40]Substituted by the Land Reforms Regulation (Punjab Amendment) Ordinance 1982 (V of 1982).

[41]Substituted by the Land Reforms Regulation (Punjab Amendment) Ordinance 1982 (V of 1982).

[42]Inserted ibid.

[43]Substituted ibid.

[44]Substituted for the letter ‘A’ by the Land Reforms (Amendment) Act 1976 (Federal Act XLVIII of 1976).

[45]Added by the Land Reforms Regulation (Punjab Amendment) Ordinance 1982 (V of 1982).

[46]Added by the Land Reforms (Punjab Amendment) Act 1973 (XI of 1973).

[47]Substituted by the Land Reforms (Amendment) Act 1973 (Federal Act LXII of 1973).

[48]Substituted by the Land Reforms (Amendment) Act 1975 (LXXII of 1975).

[49]Added by the Land Reforms (Amendment) Act 1974 (Federal Act XXX of 1974).


 

THE INJURED PERSONS (MEDICAL AID) ACT 2004

THE INJURED PERSONS (MEDICAL AID) ACT 2004 [Pakistan]

(Act XII of 2004)

C O N T E N T S

SECTION HEADING

1. Short title, extent and commencement.

2. Definitions.

3. Injured persons to be treated on priority basis.

4. Non-interference by the police.

5. Consent of relatives not required in certain cases.

6. Shifting of an injured person to another hospital.

7. Hospitals to be notified.

8. The injured person not to be taken to a police station.

9. The person bringing the injured person to hospital not to be harassed.

10. Awareness campaign.

11. Penalty.

12. Cognizance of cases.

13. Instructions.

14. Rule making power.


[1]THE INJURED PERSONS (MEDICAL AID) ACT, 2004

(XII of 2004)

16 December 2004

An Act to make provisions for medical aid

and treatment of injured persons.

WHEREAS there is misconception about the law and procedure with regard to medical aid and treatment of injured persons before completion of medico-legal formalities;

WHEREAS due to this misconception the medical aid and treatment of injured persons is very often delayed and many casualties have occurred because of delayed treatment;

AND WHEREAS it is necessary to make provisions for medical aid and treatment of injured persons to save their lives and protect their health during emergency;

It is hereby enacted as follows:-

1. Short title, extent and commencement.– (1) This Act may be called the Injured Persons (Medical Aid) Act, 2004.

(2) It extends to the whole of [2][the Punjab].

(3) It shall come into force at once.

2. Definitions.– In this Act, unless there is anything repugnant in the subject or context,–

(a) “doctor” means a medical practitioner registered under the Medical and Dental Council Ordinance, 1962 ( XXXII of 1962);

[3][(b) “Government” means Government of the Punjab;]

(c) “hospital” means a hospital notified under section 7; and

(d) “injured person” means a person injured due to traffic accident, assault or any other cause who is in need of an immediate treatment.

3. Injured persons to be treated on priority basis.– Where an injured person is brought to a hospital, he shall be provided medical aid without delay on priority basis over all other medico-legal formalities.

4. Non-interference by the police.– No police official or officer shall interrupt or interfere during the period an injured person is under treatment in a hospital except with the written permission of the Incharge of the hospital:

Provided that such permission shall not be given unless it is necessary in connection with an investigation which may be carried out in the hospital so long as the injured person is under treatment.

5. Consent of relatives not required in certain cases– Where an injured person requires emergency treatment or operation, the doctor treating or operating the injured person need not wait for the consent of the relatives:

Provided that if the relatives are present it would be preferable that such treatment or operation may be carried out with the consent of such relatives.

6. Shifting of an injured person to another hospital– (1) An injured person shall not be shifted from a hospital until he is stabilized or the requisite treatment is not available in such hospital and while shifting him to another hospital, the doctor concerned shall complete the relevant documents with regard to the clinical conditions of the patient and hand over such documents to the concerned doctor of the receiving hospital.

(2) The record referred to in subsection (1) shall be maintained by the referring hospital as well as the receiving hospital and the incharge of the hospital shall be responsible for ensuring that such record is kept in a safe custody where it cannot be tampered with:

Provided that where necessary an injured person shall not be shifted unless he is accompanied by a doctor of the referring hospital.

7. Hospitals to be notified.– The Government shall, by notification in the official Gazette, notify the Government hospitals having in-patient beds and also having facilities to deal with the emergencies to provide medical aid and treatment to the injured persons:

Provided that in areas where above referred facility is not available a rural health center established by a Government or a local government in that area having facility to deal with the emergencies, may be notified a hospital for the purposes of this Act.

8. The injured person not to be taken to a police station.– (1) Under no circumstances an injured person be taken to a police station before necessary medical aid and treatment is given.

(2) The police officer is bound to ensure that the injured person is treated in a hospital as provided in this Act before any medico-legal procedure is undertaken. The police officer shall not in any way influence the doctor or to give any opinion about the type and details of injury of the injured person.

9. The person bringing the injured person to hospital not to be harassed.– The person who on humanitarian basis, in particular in traffic accident cases, brings an injured person to a hospital shall not be harassed and shall be shown due respect and acknowledged for helping the injured. He should be allowed to leave the hospital after taking down his name, address, telephone number and he shall provide a copy of his National Identity Card within three days; if the same is not immediately available with him or any other proof to the satisfaction of Incharge of the hospital:

Provided that nothing herein contained shall absolve the person bringing an injured person to hospital from any liability under any law for the time being in force for causing injury to such person.

10. Awareness campaign.– An awareness campaign shall be carried out regularly to educate the public, medical professionals and the police about medico-legal procedures.

11. Penalty.– Whoever contravenes or violates the provisions of this Act or the rules made there under shall be punishable with imprisonment which may extend to two years, or with fine not less than ten thousand rupees, or with both, in addition to any other penalty to which he may be liable under any other law for the time being in force:

Provided that where penalty of fine is imposed half of such fine shall be paid to injured person or his heirs, as the case may be, as compensation:

Provided further that the Court may direct the Medical and Dental Council under the Medical and Dental Council Ordinance, 1962 (XXXII of 1962) to cancel the registration of a doctor convicted by the Court.

12. Cognizance of cases.– (1) No Court shall take cognizance of a case under this Act, except upon a complaint made by an officer authorized in writing in this behalf by the Government.

(2) The Government shall notify authorized officers under sub-section (1) within thirty days of the commencement of this Act.

13. Instructions.– The Government may issue instruction from time to time to carry out the purposes of this Act and the defaulting doctor or the police official or officer shall be liable to disciplinary action for contravention of such instructions, besides the penalty to which he may be liable under section 11.

[4][14. Rules making power.– The Government may make rules to carry out the purposes of this Act.]


Footnotes: 

[1]This Act of Majilis-e-Shoora (Parliament) received the assent of the President on 8th December, 2004 and was published in Gazette of Pakistan, Extraordinary, Part I, on 16th December, 2004.

This Act was originally in the Federal ambit, however, the subject on which this law was enacted devolved to the provinces by virtue of 18th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the Punjab by the Injured Persons (Medical Aid) (Amendment) Act 2012 (III of 2012).

[2]Substituted for the word “Pakistan” by the Injured Persons (Medical Aid) (Amendment) Act 2012 (III of 2012).

[3]Substituted ibid.

[4]Substituted by the Injured Persons (Medical Aid) (Amendment) Act 2012 (III of 2012).


 

THE FOREST ACT 1927

THE FOREST ACT, 1927 [Pakisan]

(Act XVI of 1927)

C O N T E N T S

SECTION HEADING

CHAPTER I

PRELIMINARY

1. Short title and extent.

2. Interpretation clause.

CHAPTER II

OF RESERVED FORESTS

3. Powers to reserve forest.

4. Notification by Government.

5. Bar of accrual of forest-rights.

6. Proclamation by Forest Settlement-officer.

7. Inquiry by Forest Settlement-officer.

8. Powers of Forest Settlement-officer.

9. Extinction of rights.

10. Treatment of claims relating to practice of shifting cultivation.

11. Power to acquire land over which right is claimed.

12. Order on claims to rights of pasture or to forest-produce.

13. Record to be made by Forest Settlement-officer.

14. Record where he admits claim.

15. Exercise of rights admitted.

16. Commutation of rights.

17. Appeal from order passed under section 11, section 12, section 15 or section 16.

18. Appeal under section 17.

19. Pleaders.

20. Notification declaring forest reserved.

21. Publication of translation of such notification in neighbourhood of forest.

22. Power to revise arrangement made under section 15 or section 18.

23. No right acquired over reserved forest, except as here provided.

24. Rights not to be alienated without sanction.

25. Power to stop ways and watercourses in reserved forests.

26. Offences relating to reserved forests.

26-A. Removal of encroachments etc., from reserved forests.

27. Power to declare forest no longer reserved.

CHAPTER III

OF VILLAGE-FORESTS

28. Formation of village forests.

28-A. Unclassed forests.

CHAPTER IV

OF PROTECTED FORESTS

29. Protected forests.

30. Power to issue notification reserving trees, etc.

31. Publication of translation of such notification in neighborhood.

32. Power to make rules for protected forests.

33. Offences relating to protected forests.

33-A. Power of Court to convict trespasser.

34. Nothing in this Chapter to prohibit acts done in certain cases.

34-A. Power to declare forest no longer protected.

CHAPTER V

OF THE CONTROL OVER FORESTS AND LANDS

NOT BEING THE PROPERTY OF GOVERNMENT

35. Protection of forests for special purposes.

36. Power to assume management of forests.

37. Expropriation of forests in certain cases.

38. Protection of forests at request of owners.

CHAPTER VI

OF THE DUTY ON TIMBER AND

OTHER FOREST-PRODUCE

39. Power to impose duty on timber and other forest-produce.

40. Limit not to apply to purchase-money or royalty.

CHAPTER VII

OF THE CONTROL OF TIMBER AND

OTHER FOREST-PRODUCE IN TRANSIT

41. Power to make rules to regulate, transit of forest-produce.

41-A. Powers of Government as to movements of timber across Customs frontiers.

42. Penalty for breach of rules made under section 41.

43. Government and Forest-officers not liable for damage to forest-produce at depot.

44. All persons bound to aid in case of accident at depot.

CHAPTER VIII

OF THE COLLECTION OF DRIFT

AND STRANDED TIMBER

45. Certain kinds of timber to be deemed property of Government until title thereto provided, and may be collected accordingly.

46. Notice to claimants of drift timber.

47. Procedure on claim preferred to such timber.

48. Disposal of unclaimed timber.

49. Government and its officers not liable for damage to such timber.

50. Payments to be made by claimant before timber is delivered to him.

51. Power to make rules and prescribe penalties.

CHAPTER IX

PENALTIES AND PROCEDURE

52. Seizure of property liable to confiscation.

53. Power to release property.

54. Procedure thereupon.

55. Forest produce, tools, etc., when liable to confiscation.

56. Disposal on conclusion of trial for forest-offence, of produce in respect of which it was committed.

57. Procedure when offender not known, or cannot be found.

58. Procedure as to perishable property seized under section 52.

59. Appeal from orders under section 55, section 56, or section 57.

60. Property when to vest in Government.

61. Power to release a seized property.

62. Punishment for wrongful seizure.

63. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks.

64. Power to arrest without warrant.

64-A. Procedure relating to arrests, searches, etc.

65. Power to release an arrested person.

66. Power to prevent commission of offence.

67. Powers to try offences summarily.

68. Power to compound offences.

68-A. Reward in forest cases.

69. Presumption that forest-produce belongs to Government.

CHAPTER X

CATTLE-TRESPASS

70. Cattle-Trespass Act, 1871, to apply.

71. Powers to alter fines.

CHAPTER XI

OF FOREST-OFFICERS

72. Government may invest Forest-officers with certain powers.

73. Forest-officers deemed public servants.

74. Indemnity for acts done in good faith.

75. Forest-officers not to trade.

CHAPTER XII

SUBSIDIARY RULES

76. Additional powers to make rules.

77. Penalty for breach of rules.

78. Rules when to have force of law.

CHAPTER XII-A

FOREST COMPANY

78-A. Forest company.

78-B. Procedure for partnership.

CHAPTER XIII

MISCELLANEOUS

79. Persons bound to assist Forest-officers and Police-officers.

80. Management of forests the joint property of Government and other persons.

80-A. Public private partnership.

81. Failure to perform service for which a share in produce of Government forest is enjoyed.

82. Recovery of money due to Government.

83. Lien on forest-produce for such money.

84. Land required under this Act to be deemed to be needed for a public purpose under the Land Acquisition Act, 1894.

85. Recovery of penalties due under bond.

85-A. [Saving for rights of Government] Omitted.

86. Repeals.

THE SCHEDULE

[Repealed]


[1]THE FOREST ACT, 1927

(Act XVI of 1927)

21 September 1927

An Act to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce

WHEREAS it is expedient to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce;

It is hereby enacted as follows:-

CHAPTER I

PRELIMINARY

1. Short title and extent.– (1) This Act may be called the [2][* * *] Forest Act, 1927.

[3][(2) It extends to the Punjab;]

(3) [4][* * * * * * * * * * * *].

[5][2. Interpretation clause.– In this Act–

(a) “cattle” includes ungulate, camel, buffalo, horse, mare, gelding, pony, bull, colt, filly, mule, ass, pig, ram, sheep, lamb, goat, heifer, bullock and cow;

(b) “Code” means Code of Criminal Procedure, 1898 (V of 1898);

(c) “forest’ means a reserved forest, protected forest, unclassed forest and village forest and includes wasteland or rangeland;

[6][(ca) “forest company” means a company established under the Act;]

(d) “forest land” means a piece of land notified by the Government as the forest land to develop, protect and conserve forest and includes a rangeland and wasteland;

(e) “forest land use” means use of a piece of land for development, conservation and preservation of a forest;

(f) “forest offence” means an offence punishable under the Act or the rules;

(g) “forest officer” means a person appointed by the Government as the forest officer;

(h) “forest produce” includes the following, whether found in or brought from a forest–

(i) timber, firewood, charcoal, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahaua seeds (kuth) and myrobolam;

(ii) tree and leaves, flowers, seeds and fruits, and any other part or produce not hereinbefore mentioned, of a tree;

(iii) plant not being a tree (including shrub, grass, creeper, reed, moss, mushroom, herb, medicinal plant and brushwood) and any other part or produce of a plant;

(iv) wild animal and skin, tusk, horn, bone, silk, cocoon, honey, wax and any other part or produce of an animal;

(v) peat, surface soil, rock and mineral (including limestone, laterite, mineral oil, and any other product of mines or quarries);

(vi) natural spring; and

(vii) any other produce which may be notified as forest produce by the Government.

(i) “forest settlement officer” means a person appointed by the Government as the forest settlement officer;

(j) “Government” means the Government of the Punjab;

(k) “private public partnership” means management of a forest as joint venture with a company, individual or entity;

(l) “protected forest” means a forest notified as protected forest under the Act;

(m) “reserve forest” means a forest notified as reserved forest under the Act;

(n) “river” includes any stream, canal, creek or other channel, natural or artificial;

(o) “rules” means the rules made under the Act;

(p) “trespass” means a person or persons entering a forest with tools and equipment helpful in commission of a forest offence;

(q) “timber” includes wood (firewood, brushwood, twig, sawdust, chips), whether obtained by falling of a tree or plant or without it;

(r) “tree” includes a woody plant, palm, bamboo, stump, brushwood and cane;

(s) “unclassed forest” means a wasteland notified as the unclassed forest under the Act;

(t) “village forests” means a forest notified as the village forest under the Act; and

(u) “wasteland” includes an uncultivated or uncultivable land notified as the wasteland by the Government.]

CHAPTER II

OF RESERVED FORESTS

3. Powers to reserve forest.– The [7][Government] may constitute any forest-land or waste-land which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled, a reserved forest in the manner hereinafter provided.

4. Notification by [8][Government].– (1) Whenever it has been decided to constitute any land a reserved forest, the [9][Government] shall issue a notification in the [10][official Gazette]–

(a) declaring that it has been decided to constitute such land a reserved forest;

(b) specifying, as nearly as possible, the situation and limits of such land; and

(c) appointing an officer (hereinafter called “the Forest Settlement-officer”) to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits, or in or over any forest-produce, and to deal with the same as provided in this Chapter.

Explanation– For the purpose of clause (b), it shall be sufficient to describe the limits of the forest by roads, rivers, bridges or other well-known or readily intelligible boundaries.

(2) The officer appointed under clause (c) of sub-section (1) shall ordinarily be a person not holding any forest-office except that of Forest Settlement-officer.

(3) Nothing in this section shall prevent the [11][Government] from appointing any number of officers not exceeding three, not more than one of whom shall be a person holding any forest-office except as aforesaid, to perform the duties of a Forest Settlement-officer under this Act.

5. Bar of accrual of forest-rights.– After the issue of a notification under section 4, no right shall be acquired in or over the land comprised in such notification, except by succession or under a grant or contract in writing made or entered into by or [12][on behalf of the Government] or some person in whom such right was vested when the notification was issued; and no fresh clearings for cultivation or for any other purpose shall be made in such land except in accordance with such rules as may be made by the [13][Government] in this behalf.

6. Proclamation by Forest Settlement-officer.– When a notification has been issued under section 4, the Forest Settlement-officer shall publish in the local vernacular in every town and village in the neighbourhood of the land comprised therein, a proclamation–

(a) specifying, as nearly as possible, the situation and limits of the proposed forest;

(b) explaining the consequences which, as hereinafter provided, will ensue on the reservation of such forest; and

(c) fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right mentioned in section 4 or section 5 within such period either to present to the Forest Settlement-officer a written notice specifying or to appear before him and state, the nature of such right and the amount and particulars of the compensation (if any) claimed in respect thereof.

7. Inquiry by Forest Settlement-officer.– The Forest Settlement-officer shall take down in writing all statements made under section 6, and shall at some convenient place inquire into all claims duly preferred under that section, and the existence of any rights mentioned in section 4 or section 5 and not claimed under section 6 so far as the same may be ascertainable from the records of Government and the evidence of any persons likely to be acquainted with the same.

8. Powers of Forest Settlement-officer.– For the purpose of such inquiry, the Forest Settlement-officer may exercise the following powers, that is to say:-

(a) power to enter, by himself or any officer authorised by him for the purpose, upon any land, and to survey, demarcate and make a map of the same; and

(b) the powers of a Civil Court in the trial of suits.

9. Extinction of rights.– Rights in respect of which no claim has been preferred under section 6, and of the existence of which no knowledge has been acquired by inquiry under section 7, shall be extinguished, unless, before the notification under section 20 is published, the person claiming them satisfies the Forest Settlement-officer that he had sufficient cause for not preferring such claim within the period fixed under section 6.

10. Treatment of claims relating to practice of shifting cultivation.– (1) In the case of a claim relating to the practice of shifting cultivation, the Forest Settlement-officer shall record a statement setting forth the particulars of the claim and of any local rule or order under which the practice is allowed or regulated, and submit the statement to the [14][Government], together with his opinion as to whether the practice should be permitted or prohibited wholly or in part.

(2) On receipt of the statement and opinion, the [15][Government] may make an order permitting or prohibiting the practice wholly or in part.

(3) If such practice is permitted wholly or in part, the Forest Settlement-officer may arrange for its exercise–

(a) by altering the limits of the land under settlement so as to exclude land of sufficient extent, of a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or

(b) by causing certain portions of the land under settlement to be separately demarcated, and giving permission to the claimants to practice shifting cultivation therein under such conditions as he may prescribe.

[16][(3-a) If the admission of any claim, right or interest in a forest is found detrimental to the forest, the Government may acquire the right or interest in accordance with the provisions of the Land Acquisition Act 1894 (I of 1894) and may entrust the powers of Collector under the Land Acquisition Act 1894 (I of 1894) upon a forest settlement officer.]

(4) All arrangements made under sub-section (3) shall be subject to the previous sanction of the [17][Government].

(5) The practice of shifting cultivation shall in all cases be deemed a privilege subject to control, restriction and abolition by the [18][Government].

[19][(6) The forest settlement officer may permit the practice of shifting cultivation for a period not exceeding three years, in case of undeveloped wasteland in order to develop it into a productive forest, in accordance with the provisions of this section.]

11. Power to acquire land over which right is claimed.– (1) In the case of a claim to a right in or over any land other than a right-of-way or right of pasture, or a right to forest-produce or a water-course, the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part.

(2) If such claim is admitted in whole or in part, the Forest Settlement-officer shall either–

(i) exclude such land from the limits of the proposed forest; or

(ii) come to an agreement with the owner thereof for the surrender of his rights; or

(iii) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894[20].

(3) For the purpose of so acquiring such land–

(a) the forest Settlement-officer shall be deemed to be a [21][District Officer (Revenue)] proceeding under the Land Acquisition Act, 1894;

(b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act;

(c) the provisions of the preceding sections of that Act shall be deemed to have been complied with; and

(d) the [22][District Officer (Revenue)], with the consent of the claimant, or the Court, with the consent of both parties, may award compensation in land, or partly in land and partly in money.

12. Order on claims to rights of pasture or to forest-produce.– In the case of a claim to rights of pasture or to forest-produce, the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part.

13. Record to be made by Forest Settlement-officer.– The Forest Settlement-officer, when passing any order under section 12, shall record, so far as may be practicable,–

(a) the name, father’s name, caste, residence and occupation of the person claiming the right; and

(b) the designation, position and area of all fields or groups of fields (if any), and the designation and position of all buildings (if any) in respect of which the exercise of such rights is claimed.

14. Record where he admits claim.– If the Forest Settlement-officer admits in whole or in part any claim under section 12, he shall also record the extent to which the claim is so admitted, specifying the number and description of the cattle which the claimant is from time to time entitled to graze in the forest, the season during which such pasture is permitted, the quantity of timber and other forest-produce which he is from time to time authorised to take or receive, and such other particulars as the case may require. He shall also record whether the timber or other forest-produce obtained by the exercise of the rights claimed may be sold or bartered.

15. Exercise of rights admitted.– (1) After making such record the Forest Settlement-officer shall, to the best of his ability, and having due regard to the maintenance of the reserved forest in respect of which the claim is made, pass such orders as will ensure the continued exercise of the rights so admitted.

(2) For this purpose the Forest Settlement-officer may–

(a) set out some other forest-tract of sufficient extent, and in a locality reasonably convenient, for the purposes of such claimants, and record an order conferring upon them a right of pasture or to forest-produce (as the case may be) to the extent so admitted; or

(b) so alter the limits of the proposed forest as to exclude forest-land of sufficient extent, and in a locality reasonably convenient, for the purposes of the claimants; or

(c) record an order, continuing to such claimants a right of pasture or to forest-produce, as the case may be, to the extent so admitted, at such seasons, within such portions of the proposed forest, and under such rules, as may be made in this behalf by the [23][Government].

16. Commutation of rights.– In case the Forest Settlement-officer finds it impossible, having due regard to the maintenance of the reserved forest, to make such settlement under section 15 as shall ensure the continued exercise of the said rights to the extent so admitted, he shall, subject to such rules as the [24][Government] may make in this behalf, commute such rights, by the payment to such persons of a sum of money in lieu thereof, or by the grant of land, or in such other manner as he thinks fit.

17. Appeal from order passed under section 11, section 12, section 15 or section 16.– Any person who has made a claim under this Act, or any Forest-officer or other person generally or specially empowered by the [25][Government] in this behalf, may, within three months from the date of the order passed on such claim by the Forest Settlement-officer under section 11, section 12, section 15 or section 16, present an appeal from such order to such officer of the Revenue Department, of rank not lower than that of a [26][District Officer (Revenue)], as the [27][Government] may, by notification in the [28][official Gazette], appoint to hear appeals from such orders:

Provided that the [29][Government] may establish a Court (hereinafter called the Forest Court) composed of three persons to be appointed by the [30][Government], and, when the Forest Court has been so established, all such appeals shall be presented to it.

18. Appeal under section 17.– (1) Every appeal under section 17 shall be made by petition in writing, and may be delivered to the Forest Settlement-officer, who shall forward it without delay to the authority competent to hear the same.

(2) If the appeal be to an officer appointed under section 17, it shall be heard in the manner prescribed for the time being for the hearing of appeals in matters relating to land revenue.

(3) If the appeal be to the Forest Court, the Court shall fix a day and a convenient place in the neighbourhood of the proposed forest for hearing the appeal, and shall give notice thereof to the parties, and shall hear such appeal accordingly.

(4) The order passed on the appeal by such officer or Court, or by the majority of the members of such Court, as the case may be, shall, subject to revision by the [31][Government], be final.

19. Pleaders.– The [32][Government], or any person who has made a claim under this Act, may appoint any person to appear, plead and act on its or his behalf before the Forest Settlement-officer, or the appellate officer or Court, in the course of any inquiry or appeal under this Act.

20. Notification declaring forest reserved.– (1) When the following events have occurred, namely:-

(a) the period fixed under section 6 for preferring claims has elapsed, and all claims, if any, made under that section or section 9 have been disposed of by the Forest Settlement-officer;

(b) if any such claims have been made, the period limited by section 17 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the appellate officer or Court; and

(c) all lands (if any) to be included in the proposed forest, which the Forest Settlement-officer has, under section 11, elected to acquire under the Land Acquisition Act, 1894[33], have become vested in the Government under section 16 of that Act,

the [34][Government] shall publish a notification in the [35][official Gazette], specifying definitely, according to boundary-marks erected or otherwise the limits of the forest which is to be reserved, and declaring the same to be reserved from a date fixed by the notification.

(2) From the date so fixed such forest shall be deemed to be a reserved forest.

21. Publication of translation of such notification in neighbourhood of forest.– The Forest-officer shall, before the date fixed by such notification, cause a translation thereof into the local vernacular to be published in every town and village in the neighbourhood of the forest.

22. Power to revise arrangement made under section 15 or section 18.– The [36][Government] may, within five years from the publication of any notification under section 20, revise any arrangement made under section 15 or section 18, and may for this purpose rescind or modify any order made under section 15 or section 18, and direct that any one of the proceedings specified in section 15 be taken in lieu of any other of such proceedings, or that the rights admitted under section 12 be commuted under section 16.

23. No right acquired over reserved forest, except as here provided.– No right of any description shall be acquired in or over a reserved forest except by succession or under a grant or contract in writing made by or [37][on behalf of the Government] or some person in whom such right was vested when the notification under section 20 was issued.

24. Rights not to be alienated without sanction.– (1) Notwithstanding anything contained in section 23, no right continued under clause (c) of sub-section (2) of section 15 shall be alienated by way of grant, sale, lease, mortgage or otherwise, without the sanction of the [38][Government]:

Provided that, when any such right is appendant to any land or house, it may be sold or otherwise alienated with such land or house.

(2) No timber of other forest-produce obtained in exercise of any such right shall be sold or bartered except to such extent as may have been admitted in the order recorded under section 14.

25. Power to stop ways and watercourses in reserved forests.– The Forest-officer may, with the previous sanction of the [39][Government] or of any officer duly authorised by it in this behalf, stop any public or private way or watercourse in a reserved forest, provided that a substitute for the way or water-course so stopped, which the [40][Government] deems to be reasonably convenient, already exists, or has been provided or constructed by the Forest-officer in lieu thereof.

[41][26. Offences relating to reserved forests.– (1) A person, who in a reserved forest–

(a) makes fresh clearing which is prohibited under section 5;

(b) kindles fire or burns fire in the manner which endangers the forest or sets on fire any plant or tree;

(c) causes damage by negligently felling a tree, cutting or dragging any timber;

(d) cuts or damages any plant;

(e) fells, girdles, lops, taps or burns a tree or strips off a bark or leaves of a tree or otherwise damages the same;

(f) quarries stones, mines, minerals, burns lime or charcoal, or collects or removes any forest produce;

(g) constructs any building, structure, hutment or cattle pen;

(h) clears or breaks up any land for cultivation or any other purpose;

(i) encroaches upon the forest land;

(j) causes damage or tempers with barbed wire, or fence erected in or around the forest;

(k) contravenes any rules relating to hunting, shooting, fishing, or setting up traps or snares;

(l) kindles, keeps or carries any fire except during such season as the forest officer may notify in this behalf;

(m) trespasses or pastures cattle, or permits cattle to trespass;

(n) removes or causes damage to the soil, water, natural vegetation (shrubs, herbs and plants), fish, wild animals and wild birds;

(o) damages any structures such as water channel, check dam, embankment, reservoir or pond;

(p) changes the land use for the purpose other than development, preservation or conservation of the forest or park; and

(q) installs a saw mill, charcoal kiln or establishes timber or firewood depot or operates any mechanical aid designed to cut, fashion or convert a tree or timber or fabricates wood into articles of furniture, building materials, joinery or articles of domestic or commercial use in or within five mile radius of the forest;

shall be punished in accordance with the provisions of this section.

(2) If a person contravenes any provision of sub-section (1), the person shall be liable to punishment of imprisonment for a term which may extend to six months or fine mentioned in sub-section (3) or to both.

(3) The value of the damage caused due to the offence and corresponding amount of fine for the offence shall be as follows:-

(a) if the damage is worth one thousand rupees or less, the fine may extend to ten thousand rupees;

(b) if the damage is worth more than one thousand rupees but less than ten thousand rupees, the fine may extend to fifty thousand rupees;

(c) if the damage is worth more than ten thousand rupees but less than twenty-five thousand rupees, the fine may extend to one hundred and fifty thousand rupees;

(d) if the damage is worth more than twenty-five thousand rupees but less than one hundred thousand rupees, the fine may extend to five hundred thousand rupees; and

(e) if the damage is worth more than one hundred thousand rupees, the fine may extend to ten times value of the damage.

(4) If a person commits any offence under this section after sunset and before sunrise or where the person has been previously convicted for a forest offence, the person shall be liable to punishment of imprisonment which may extend to one year or double of the fine mentioned in sub-section (3) or to both.

(5) Nothing in this section shall be deemed as an offence, if the act is done–

(a) with the permission in writing of the forest officer, or in accordance with the rules; and

(b) in exercise of any right under the Act, rules, grant or contract made by the Government.

(6) If fire in a reserved forest is caused willfully or by gross negligence, the Government may suspend exercise of any or all rights of pasture or to forest produce, for such period as it may determine.

(7) The Government may, after affording an opportunity of hearing and for reasons to be recorded in writing, extinguish a right or interest of a person in a reserved forest.

(8) The forest officer shall seize the forest produce in respect of which an offence is committed together with any tool, carriage wagon, cart or other vehicle for transport and anything used in the commission of the offence.]

[42][26-A. Removal of encroachments etc., from reserved forests.– (1) A Court convicting an accused person of an offence under clause (h) of sub-section (1) of section 26 shall direct the accused, if he or any other person on his behalf be in possession of the land in respect of which he is convicted, to deliver possession of the same within such period not exceeding thirty days, as the Court may fix in this behalf, to the prescribed Forest Officer, and to remove within the said period any encroachments which the accused may have put up or erected on such land.

[43][(2) If the Court directs an accused person under sub-section (1) to deliver possession of land in a reserved forest to the prescribed forest officer or to remove the encroachment and the person fails to deliver the possession or remove the encroachment within the specified period, the Court may–

(a) direct ejectment of the person from the land or removal of the encroachment with such force as may be necessary and in such manner as may be prescribed;

(b) impose upon the accused person, a fine which may extend to one thousand rupees for every day, after the period fixed by the Court under the provisions of sub-section (1) has expired and the person remains in possession of the land or fails to remove the encroachment on such land; and

(c) direct the accused person to pay to the Government the expenditure incurred by the Government on removal of the encroachment.]

[44][27. Power to declare forest no longer reserved.– (1) The Government shall not declare or notify a reserved forest or any part of the reserved forest as being no longer reserved forest.

(2) The Government shall not allow change in land use of a reserved forest, except for the purposes of right of way, building of roads and development of a forest park, but the Government shall not allow construction of concrete building or permanent structure in the reserved forest.]

[45][(3) Notwithstanding anything contained in this section, the Government, with the approval of the Provincial Cabinet, may, by notification in the official Gazette, declare a reserved forest or any part of a reserved forest as no longer reserved forest, if the organization requiring reserved forest land:

(a) satisfies the Government with cogent reasons in writing that there is no other option but to use the proposed reserved forest land for purposes of a national project of strategic importance;

(b) provide a substitute plant-able land agreed to by the Government, which is:

(i) equal to or bigger than the reserved forest land;

(ii) in a compact form and is, as far as possible, situated close to the reserved forest land; and

(c) provide funds for immediate forestation and maintenance of the substitute land as may be prescribed.

(4) The Government shall, by notification, declare the substitute land provided under subsection (3) as the reserved forest.]

CHAPTER III

OF VILLAGE-FORESTS

28. Formation of village forests.– (1) The [46][Government] may assign to any village-community the rights of Government to or over any land which has been constituted a reserved forest, and may cancel such assignment. All forests so assigned shall be called village-forests.

[47][(2) The Government may make rules for management of a village-forest, conditions under which the village community may use the forest produce other than timber and pasture and duties of the village community for the protection and improvement of the forest.]

(3) All the provisions of this Act relating to reserved forests shall (so far as they are not inconsistent with the rules so made) apply to village-forests.

[48][28-A. Unclassed forests.– (1) The Government may, by notification, declare a wasteland, not being a reserved forest or protected forest, as unclassed forest.

(2) The Government may, by notification, direct that all or any provisions of this Act relating to a reserved forest or protected forest, shall apply to an unclassed forest.

(3) The Government may make rules for management of an unclassed forest.]

CHAPTER IV

OF PROTECTED FORESTS

29. Protected forests.– (1) The [49][Government] may, by notification in the [50][official Gazette], declare the provisions of this Chapter applicable to any forest-land or waste-land which is not included in a reserved forest, but which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled.

(2) The forest-land and waste-lands comprised in any such notification shall be called a “protected forest”.

(3) No such notification shall be made unless the nature and extent of the rights of Government and of private persons in or over the forest-land or waste-land comprised therein have been inquired into and recorded at a survey or settlement, or in such other manner as the [51][Government] thinks sufficient. Every Such record shall be presumed to be correct until the contrary is proved:

Provided that, if, in the case of any forest-land or wasteland, the [52][Government] thinks that such inquiry and record are necessary, but that they will occupy such length of time as in the meantime to endanger the rights of Government, the [53][Government] may, pending such inquiry and record, declare such land to be a protected forest, but so as not to abridge or affect any existing rights of individuals or communities.

30. Power to issue notification reserving trees, etc.– The [54][Government] may, by notification in the [55][official Gazette],–

(a) declare any trees or class of trees in a protected forest to be reserved from a date fixed by the notification;

(b) declare that any portion of such forest specified in the notification shall be closed for such term, not exceeding thirty years, as the [56][Government] thinks fit, and that the rights of private persons, if any, over such portion shall be suspended during such term, provided that the remainder of such forest be sufficient, and in a locality reasonably convenient, for the due exercise of the rights suspended in the portion so closed; or

(c) prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of lime or charcoal, or the collection or subjection to any manufacturing process, or removal of, any forest-produce in any such forest, and the breaking up or clearing for cultivation, for building, for herding cattle or for any other purpose, of any land in any such forest.

31. Publication of translation of such notification in neighbourhood.– The [57][District Officer (Revenue)] shall cause a translation into the local vernacular of every notification issued under section 30 to be affixed in a conspicuous place in every town and village in the neighbourhood of the forest comprised in the notification.

[58][32. Power to make rules for protected forests.– The Government may make rules to regulate the following matters in relation to a protected forest–

(a) cutting, sawing, conversion and removal of trees and timber, and the collection, manufacture and removal of forest-produce;

(b) granting of licence to an inhabitant of a town or village in the vicinity of the protected forest to use forest produce and withdrawal of the licence;

(c) granting of licence to a person for felling or removing a tree or timber or other forest-produce for the purpose of trade and withdrawal of the licence;

(d) payment that a licensee is required to make in respect of the licence, tree, timber or forest produce;

(e) examination of forest produce passing out of the forest;

(f) clearing or breaking up of land for cultivation or any other purpose;

(g) protection from fire of the timber lying in the forest and a tree reserved under section 30;

(h) cutting of grass and pasturing of cattle;

(i) hunting, shooting, fishing, poisoning water and setting trap or snare;

(j) protection and management of any portion of the forest closed under section 30;

(k) exercise of a right under section 29;

(l) quarrying or mining of stones or minerals, burning of lime or charcoal, collection or removal of any forest produce;

(m) soil, water, natural vegetation, fish, wild animals and wild birds;

(n) change of land use in the forest;

(o) protection of the forest land from encroachment;

(p) water channels, check dams, embankments, reservoirs and ponds;

(q) construction of a building, structure, hutment and cattle pen;

(r) installation of a saw mill or operation of any mechanical aid designed to cut, fashion or convert tree or timber or fabrication of wood into articles of furniture, building material, joinery or articles of domestic or commercial use in the forest or within five miles radius of the forest; and

(s) barbed wire fence in or around the forest.]

[59][33. Offences relating to protected forests.– (1) A person, who in a protected forest–

(a) fells, girdles, lops, taps or burns a tree reserved under section 30, or strips off the bark or leaves from, or otherwise damages, the tree;

(b) contrary to any prohibition under section 30, quarries any stone, or burns any lime or charcoal, or collects, subjects to any manufacturing process, or removes any forest produce;

(c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any other purpose any land of the forest;

(d) sets or kindles fire without taking reasonable precautions to prevent its spreading to any tree reserved under section 30, whether standing, fallen or felled, or to any closed portion of the forest;

(e) leaves any fire burning in the vicinity of any reserved tree or closed portion of the forest;

(f) fells any tree or drags any timber and damages any reserved tree;

(g) permits cattle to damage any reserved tree; and

(h) infringes any rule made under section 32;

shall be punished in accordance with the provisions of this section.

(2) If a person contravenes any provision of sub-section (1), the person shall be liable to punishment of imprisonment for a term which may extend to six months or fine mentioned in sub-section (3) or to both.

(3) The value of the damage caused due to the offence and corresponding amount of fine for the offence shall be as follows:-

(a) if the damage is worth one thousand rupees or less, the fine may extend to ten thousand rupees;

(b) if the damage is worth more than one thousand rupees but less than ten thousand rupees, the fine may extend to fifty thousand rupees;

(c) if the damage is worth more than ten thousand rupees but less than twenty-five thousand rupees, the fine may extend to one hundred and fifty thousand rupees;

(d) if the damage is worth more than twenty-five thousand rupees but less than one hundred thousand rupees, the fine may extend to five hundred thousand rupees; and

(e) if the damage is worth more than one hundred thousand rupees, the fine may extend to ten times value of the damage.

(4) If a person commits any offence under this section after sunset and before sunrise or where the person has been previously convicted for a forest offence, the person shall be liable to punishment of imprisonment which may extend to one year or double of the fine mentioned in sub-section (3) or to both.

(5) Nothing in this section shall be deemed as an offence, if the act is done–

(a) with the permission in writing of the forest officer, or in accordance with the rules; and

(b) in exercise of any right under the Act, rules, grant or contract made by the Government.

(6) If fire in a protected forest is caused willfully or by gross negligence, the Government may suspend exercise of any or all rights of pasture or to forest produce, for such period as it may determine.]

[60][33-A. Power of Court to convict trespasser.– (1) A Court convicting an accused person of an office under clause (c) of sub-section (1) of section 33, shall direct the accused, if he or any other person on his behalf be in possession of the land in respect of which he is convicted to deliver possession of the same within such period not exceeding thirty days as the Court may fix in this behalf, to the prescribed Forest-officer, and to remove within the said period any encroachment which the accused may have put up or erected on such land.

[61][(2) If a person fails to deliver possession of land to the forest officer or to remove the encroachment in contravention of the order of the Court under sub-section (1)–

(a) the Court may order ejectment of the person from the land or removal of the encroachment with such force as may be necessary and in the manner as may be prescribed;

(b) the person shall be liable to fine which may extend to one thousand rupees for every day during which the person remains in possession of the land or fails to remove the encroachment after the expiry of the period fixed by the Court under sub-section (1); and

(c) the Government may recover from the person the expenditures incurred on removal of the encroachment as arrears of land revenue.]]

34. Nothing in this Chapter to prohibit acts done in certain cases.– Nothing in this Chapter shall be deemed to prohibit any act done with the permission in writing of the Forest-officer, or in accordance with rules made under section 32, or except as regards any portion of a forest closed under section 30, or as regards any rights the exercise of which has been suspended under section 33, in the exercise of any right recorded under section 29.

[62][34-A. Power to declare forest no longer protected.– (1) The Government shall not declare or notify a protected forest or any part of the protected forest as being no longer protected forest.

(2) The Government shall not allow change in land use of a protected forest, except for the purposes of right of way, building of roads and development of a forest park, but the Government shall not allow construction of concrete building or permanent structure in the protected forest.]

[63][(3) Notwithstanding anything contained in this section, the Government, with the approval of the Provincial Cabinet, may, by notification in the official Gazette, declare a protected forest or any part of a protected forest as no longer protected forest, if the organization requiring reserved forest land:

(a) satisfies the Government with cogent reasons in writing that there is no other option but to use the proposed protected forest land for purposes of a national project of strategic importance;

(b) provide a substitute plant-able land agreed to by the Government, which is:

(i) equal to or bigger than the protected forest land;

(ii) in a compact form and is, as far as possible, situated close to the protected forest land; and

(c) provide funds for immediate forestation and maintenance of the substitute land as may be prescribed.

(4) The Government shall, by notification, declare the substitute land provided under subsection (3) as the protected forest.]

CHAPTER V

OF THE CONTROL OVER FORESTS AND LANDS

NOT BEING THE PROPERTY OF GOVERNMENT

35. Protection of forests for special purposes.– (1) The [64][Government] may, by notification in the [65][official Gazette], regulate or prohibit in any forest or waste-land–

(a) the breaking up or clearing of land for cultivation;

(b) the pasturing of cattle; or

(c) the firing or clearing of the vegetation;

when such regulation or prohibition appears necessary for any of the following purposes:-

(i) for protection against storms, winds, rolling stones, floods and avalanches;

(ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the prevention of land-slips or of the formation of ravines and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel;

(iii) for the maintenance of a water-supply in springs, rivers and tanks;

(iv) for the protection of roads, bridges, railways and other lines of communication;

(v) for the preservation of the public health.

(2) The [66][Government] may, for any such purpose, construct at its own expense, in or upon any forest or waste-land, such work as it thinks fit.

(3) No notification shall be made under sub-section (1) nor shall any work be begun under sub-section (2), until after the issue of a notice to the owner of such forest or land calling on him to show cause, within a reasonable period to be specified in such notice, why such notification should not be made or work constructed, as the case may be, and until his objections, if any, and any evidence he may produce in support of the same, have been heard by an officer duly appointed in that behalf and have been considered by the [67][Government].

36. Power to assume management of forests.– (1) In case of neglect of, or wilful disobedience to, any regulation or prohibition under section 35, or if the purposes of any work to be constructed under that section so require, the [68][Government] may, after notice in writing to the owner of such forest or land and after considering his objections, if any, place the same under the control of a Forest-officer, and may declare that all or any of the provisions of this Act relating to reserved forests shall apply to such forest or land.

(2) The net profits, if any, arising from the management of such forest or land shall be paid to the said owner.

37. Expropriation of forests in certain cases.– (1) In any case under this Chapter in which the [69][Government] considers that , in lieu of placing the forest or land under the control of a Forest-officer, the same should be acquired for public purposes, the [70][Government] may proceed to acquire it in the manner provided by the Land Acquisition Act, 1894[71].

(2) The owner of any forest or land comprised in any notification under section 35 may, at any time not less than three or more than twelve years from the date thereof, require that such forest or land shall be acquired for public purposes, and the [72][Government] shall acquire such forest or land accordingly.

38. Protection of forests at request of owners.– (1) The owner of any land or, if there be more than one owner thereof, the owners of shares therein amounting in the aggregate to at least two-thirds thereof may, with a view to the formation or conservation of forests thereon, represent in writing to the [73][District Officer (Revenue)] their desire–

(a) that such land be managed on their behalf by the Forest-officer as a reserved or a protected forest on such terms as may be mutually agreed upon; or

(b) that all or any of the provisions of this Act by applied to such land.

(2) In either case, the [74][Government] may, by notification in the [75][official Gazette], apply to such land such provisions of this Act, as it thinks suitable to the circumstances thereof and as may be desired by the applicants.

CHAPTER VI

OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE

39. Power to impose duty on timber and other forest-produce.– (1) The [76][Government] may levy a duty in such manner, at such places and at such rates as it may declare by notification in the [77][official Gazette] on all timber or other forest-produce–

(a) which is produced in [78][Pakistan], and in respect of which [79][the Government] has any right;

(b) which is brought from any place outside [80][Pakistan] [81][or is transported from or to any place within Pakistan];

[82][* * * * * * * * * * * *]

(2) In every case in which such duty is directed to be levied ad valorem, the [83][Government] may fix by like notification the value on which such duty shall be assessed.

[84][* * * * * * * * * * * * *]

40. Limit not to apply to purchase-money or royalty.– Noting in this Chapter shall be deemed to limit the amount, if any, chargeable as purchase-money or royalty on any timber or other forest-produce, although the same is levied on such timber or produce while in transit, in the same manner as duty is levied.

CHAPTER VII

OF THE CONTROL OF TIMBER AND OTHER

FOREST-PRODUCE IN TRANSIT

41. Power to make rules to regulate, transit of forest-produce.– (1) The control of all rivers and their banks as regards the floating of timber, as well as the control of all timber and other forest-produce in transit by land or water, is vested in the [85][Government], and it may make rules to regulate the transit of all timber and other forest-produce.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may–

(a) prescribe the routes by which alone timber or other forest-produce may be imported, exported or moved into, from or within [86][the Province];

(b) prohibit the import or export or moving of such timber or other produce without a pass from an officer duly authorised to issue the same, or otherwise than in accordance with the conditions of such pass;

(c) provide for the issue, production and return of such passes and for the payment of fees therefor;

(d) provide for the stoppage, reporting examination and marking of timber or other forest-produce in transit, in respect of which there is reason to believe that any money is payable to [87][the Government] on account of the price thereof, or on account of any duty, fee, royalty or charge due thereon, or, to which it is desirable for the purposes of this Act to affix a mark;

(e) provide for the establishment and regulation of depots to which such timber or other produce shall be taken by those incharge of it for examination, or for the payment of such money, or in order that such marks may be affixed to it; and the conditions under which such timber or other produce shall be brought to, stored at and removed from such depots;

(f) prohibit the closing up or obstructing of the channel or banks of any river used for the transit of timber or other forest-produce, and the throwing of grass, brushwood, branches or leaves into any such river or any act which may cause such river to be closed or obstructed;

(g) provide for the prevention or removal of any obstruction of the channel or banks of any such river, and for recovering the cost of such prevention or removal from the person whose acts or negligence necessitated the same;

[88][(h) prohibit absolutely or subject to conditions, within stipulated local limits, the establishment of sawpit, sawmill, charcoal kiln, timber or fire wood depot within five miles radius of the forest, converting, cutting, burning, concealing or making of timber, altering or effacing of any mark on the same or possession or carrying of marking hammer; and]

(i) regulate the use of property marks for timber, and the registration of such marks; prescribe the time for which such registration shall hold good; limit the number of such marks that may be registered by any one person, and provide for the levy of fees for such registration.

(3) The [89][Government] may direct that any rule made under this section shall not apply to any specified class of timber or other forest-produce or to any specified local area.

[90][41-A. Powers of [91][Government] as to movements of timber across Customs frontiers.– Notwithstanding anything in section 41, the [92][Government] may make rules to prescribe the route by which alone timber or other forest-produce may be imported, exported or moved into or from [93][Pakistan] across any customs frontier as defined by the [94][Government], and any rules made under section 41 shall have effect subject to the rules made under this section.]

42. Penalty for breach of rules made under section 41.– [95][(1) If a person contravenes any rule, the Government may prescribe that the person shall be liable to imprisonment which may extend to six months or fine which may extend to one million rupees or to both.]

(2) Such rules may provide that penalties which are double of those mentioned in sub-section (1) may be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority, or where the offender has been previously convicted of a like offence.

43. Government and Forest-officers not liable for damage to forest-produce at depot.– The [96][Government] shall not be responsible for any loss or damage which may occur in respect of any timber or other forest-produce while at a depot established under a rule made under section 41, or while detained elsewhere, for the purposes of this Act; and no Forest-officer shall be responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently.

44. All persons bound to aid in case of accident at depot.– In case of any accident or emergency involving danger to any property at any such depot, every person employed at such depot, whether by the [97][Government] or by any private person, shall render assistance to any Forest-officer or Police-officer demanding his aid in averting such danger or securing such property from damage or loss.

CHAPTER VIII

OF THE COLLECTION OF DRIFT AND STRANDED TIMBER

45. Certain kinds of timber to be deemed property of Government until title thereto provided, and may be collected accordingly.– (1) All timber found adrift, beached, stranded or sunk;

all wood or timber bearing marks which have not been registered in accordance with the rules made under section 41, or on which the marks have been obliterated, altered or defaced by fire or otherwise; and

in such areas as the [98][Government] directs, all unmarked wood and timber;

shall be deemed to be the property of Government, unless and until any person establishes his right and title thereto, as provided in this Chapter.

(2) Such timber may be collected by any Forest-officer or other person entitled to collect the same by virtue of any rule made under section 51, and may be brought to any depot which the Forest-officer may notify as a depot for the reception of drift timber.

(3) The [99][Government] may, by notification in the [100][official Gazette] exempt any class of timber from the provisions of this section.

46. Notice to claimants of drift timber.– Public notice shall from time to time be given by the Forest-officer of timber collected under section 45. Such notice shall contain a description of the timber, and shall require any person claiming the same to present to such officer, within a period not less than two months from the date of such notice, a written statement of such claim.

47. Procedure on claim preferred to such timber.– (1) When any such statement is presented as aforesaid, the Forest-officer may, after making such inquiry as he thinks fit, either reject the claim after recording his reasons for so doing, or deliver the timber to the claimant.

(2) If such timber is claimed by more than one person, the Forest-officer may either deliver the same to any of such persons whom he deems entitled thereto, or may refer the claimants to the Civil Courts, and retain the timber pending the receipt of an order from any such Court for its disposal.

(3) Any person whose claim has been rejected under this section may, within three months from the date of such rejection, institute a suit to recover possession of the timber claimed by him; but no person shall recover any compensation or costs against the [101][Government], or against any Forest-officer, on account of such rejection, or the detention or removal of any timber, or the delivery thereof to any other person under this section.

(4) No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has been delivered, or a suit has been brought, as provided in this section.

48. Disposal of unclaimed timber.– If no such statement is presented as aforesaid, or if the claimant omits to prefer his claim in the manner and within the period fixed by the notice issued under section 46, or on such claim having been so preferred by him and having been rejected, omits to institute a suit to recover possession of such timber within the further period fixed by section 47, the ownership of such timber shall vest in the government, or , when such timber has been delivered to another person under section 47, in such other person free from all encumbrances not created by him.

49. Government and its officers not liable for damage to such timber.– The [102][Government] shall not be responsible for any loss or damage which may occur in respect of any timber collected under section 45, and no Forest-officer shall be responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently.

50. Payments to be made by claimant before timber is delivered to him.– No person shall be entitled to recover possession of any timber collected or delivered as aforesaid until he has paid to the Forest-officer or other person entitled to receive it such sum on account thereof as may be due under any rule made under section 51.

51. Power to make rules and prescribe penalties.– (1) The [103][Government] may make rules to regulate the following matters, namely:-

(a) the salving, collection and disposal of all timber mentioned in section 45;

[104][(b) the use and registration of boats and other vehicles used in salving and collecting timber;]

(c) the amounts to be paid for salving, collecting, moving, storing or disposing of such timber; and

(d) the use and registration of hammers and other instruments to be used for marking such timber.

[105][(2) If a person contravenes any rule made under this section, the Government may prescribe that the person shall be liable to imprisonment which may extend to six months or fine which may extend to one million rupees or to both.]

CHAPTER IX

PENALTIES AND PROCEDURE

52. Seizure of property liable to confiscation.– (1) When there is reason to believe that a forest-offence has been committed in respect of any forest-produce, such produce, together with all tools, boats, [106][vehicles] or cattle used in committing any such offence, may be seized by any Forest-officer or Police-officer.

(2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized, and shall, as soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made:

Provided that, when the forest-produce with respect to which such offence is believed to have been committed is the property of Government, and the offence is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior.

[107][53. Power to release property.– A forest officer, not being below the rank of a Ranger, may release a tool, boat, vehicle or cattle, not being the forest produce, seized under section 52, on the execution of a bond by the owner of the property before the Magistrate, as and when required.]

54. Procedure thereupon.– Upon the receipt of any such report, the Magistrate shall, with all convenient despatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law.

55. Forest produce, tools, etc., when liable to confiscation.– (1) All timber or forest-produce which is not the property of Government and in respect of which a forest-offence has been committed, and all tools, boats, [108][vehicles] and cattle used in committing any forest-offence, shall be liable to confiscation.

(2) Such confiscation may be in addition to any other punishment prescribed for such offence.

56. Disposal on conclusion of trial for forest-offence, of produce in respect of which it was committed.– When the trial of any forest-offence is concluded, any forest-produce in respect of which such offence has been committed shall, if it is the property of Government or has been confiscated, be taken charge of by a Forest-officer, and, in any other case, may be disposed of in such manner as the Court may direct.

57. Procedure when offender not known, or cannot be found.– When the offender is not known or cannot be found the Magistrate may, if he finds that an offence has been committed, order the property in respect of which the offence has been committed to be confiscated and taken charge of by the Forest-officer, or to be made over to the person whom the Magistrate deems to be entitled to the same:

Provided that no such order shall be made until the expiration of one month from the date of seizing such property, or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim.

58. Procedure as to perishable property seized under section 52.– The Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not been sold.

59. Appeal from orders under section 55, section 56, or section 57.– The officer who made the seizure under section 52, or any of his official superiors, or any person claiming to be interested in the property so seized, may , within one month from the date of any order passed under section 55, section 56 or section 57, appeal therefrom to the Court to which orders made by such Magistrate are ordinarily appealable, and the order passed on such appeal shall be final.

60. Property when to vest in Government.– When an order for the confiscation of any property has been passed under section 55 or section 57, as the case may be, and the period limited by section 59 for an appeal from such order has elapsed, and no such appeal has been preferred, or when, on such an appeal being preferred, the appellate Court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the Government free from all encumbrances.

[109][61. Power to release a seized property.– Notwithstanding anything contained in this Chapter, an officer, authorized in this behalf by the Government, may direct immediate release of any property, which is wrongfully seized under this Act, not being the property of the Government.]

62. Punishment for wrongful seizure.– Any Forest-officer or Police-officer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Act shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

[110][63. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks.– (1) If a person, with intent to cause damage or injury to the public or to any other person, or to cause wrongful gain–

(a) knowingly counterfeits upon any timber or standing tree a mark used by a forest officer to indicate that the timber or tree is the property of the Government or of some person, or that it may lawfully be cut or removed by some person; or

(b) alters, defaces or obliterates any such mark placed on a tree or timber by or under the authority of a forest officer; or

(c) alters, moves, destroys or defaces any boundary-mark of a forest or wasteland to which the provisions of this Act are applied;

the person shall be liable to imprisonment for a term which may extend to two years or fine which may extend to one million rupees or to both.

(2) If the offence under this section is committed after sunset and before sunrise or the accused is a previous convict for a forest offence, the accused person shall be liable to double of the penalty prescribed under sub-section (1).]

[111][64. Power to arrest without warrant.– (1) A forest officer, authorized by the Government may, without warrant, arrest a person, who is found committing an offence punishable with imprisonment under this Act.

(2) A forest officer may seize any forest-produce, tool or vehicle used in the commission of an offence under the Act.

(3) The forest officer shall produce the person arrested under the Act before the nearest Magistrate within twenty-four hours of the arrest or release the arrested person on bond or send the arrested person to the nearest police station.

(4) The forest officer shall produce the seized property before the Magistrate.]

[112][64-A. Procedure relating to arrests, searches, etc.– (1) If a forest officer arrests a person or seizes a property, he shall, within twenty-four hours after the arrest or seizure, make a report of the particulars of the arrest or seizure to his immediate superior officer.

(2) A forest officer may, without search warrant, search any vehicle, boat or place, suspected or likely to be used for the commission of an offence under this Act.

(3) The provisions of the Code relating to arrest, seizure and search shall, as nearly as possible, apply to the arrest, seizure and search under the Act.

(4) A forest officer, not below the rank of a divisional forest officer, shall, within ten days of the arrest or seizure, submit a report before the Magistrate in the prescribed manner and such report shall be deemed as the report under section 173 of the Code.

(5) The Magistrate may conduct an enquiry or trial of an offence punishable under the Act in accordance with the procedure prescribed for the enquiry or trial under the Code.]

[113][65. Power to release an arrested person.– A forest officer, not being below the rank of a Ranger, who has arrested any person under this Act, may release the person, if the person executes a bond to appear before the Magistrate, forest officer or officer incharge of the nearest police station.]

66. Power to prevent commission of offence.– Every Forest-officer and Police-officer shall prevent, and may interfere for the purpose of preventing, the commission of any forest-offence.

[114][67. Powers to try offences summarily.– (1) Notwithstanding anything contained in the Code, a Magistrate empowered in this behalf by the Government, may summarily try an offence punishable under this Act and impose a punishment of imprisonment for a term not exceeding six months or fine not exceeding one million rupees or to both.

(2) The Magistrate shall conduct the trial of an offence under the Act in accordance with the provisions of Chapter XXII of the Code relating to the summary trials.]

68. Power to compound offences.– [115][(1) The Government may, by notification, confer power on a forest officer–

(a) to accept from a person against whom a reasonable suspicious exists that he has committed any forest offence, other than an offence specified in section 62 or section 63, a sum of money which is not less than the value of loss to the property of the Government, as compensation for the offence; and

(b) when any property has been seized, not being the property of the Government, to release the property on payment or without payment of compensation, as may be prescribed.]

(2) On the payment of such sum of money, or such value, or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings shall be taken against such person or property.

(3) [116][* * * * * * * * * * *]

[117][68-A. Reward in forest cases.– The Government may, by notification and in the prescribed manner, allow a forest officer to reward a subordinate forest officer from the compensation recovered by the forest officer under section 68 which amount shall not be more than three fourth of the amount of compensation recovered from the person.]

69. Presumption that forest-produce belongs to Government.– When in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest-produce is the property of the Government, such produce shall be presumed to be the property of the Government until the contrary is proved.

CHAPTER X

CATTLE-TRESPASS

70. Cattle-Trespass Act, 1871, to apply.– Cattle trespassing in a reserved forest or in any portion of a protected forest which has been lawfully closed to grazing shall be deemed to be cattle doing damage to a public plantation within the meaning of section 11 of the Cattle-Trespass Act, 1871[118], and may be seized and impounded as such by any Forest-officer or Police-officer.

[119][71. Powers to alter fines.– The Government may, by notification, direct that in lieu of the fines fixed under section 12 of the Cattle-Trespass Act 1871 (I of 1871), the owner or occupant of the cattle, impounded under section 70, shall pay the fines, as the Government deems appropriate but such fines shall not exceed the following amounts:-

for each buffalo or camel one thousand rupees

for each horse, mare, gelding, pony, colt, filly,

mule, bull, bullock, cow or heifer five hundred rupees

for each calf, ass, ram, ewe, sheep, lamb or goat two hundred rupees.]

CHAPTER XI

OF FOREST-OFFICERS

72. [120][Government] may invest Forest-officers with certain powers.– (1) The [121][Government] may invest any Forest-officer with all or any of the following powers, that it to say:-

(a) power to enter upon any land and to survey, demarcate and make a map of the same;

(b) the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects;

(c) power to issue a search-warrant under the Code of Criminal Procedure, 1898[122]; and

(d) power to hold an inquiry into forest-offences, and, in the course of such inquiry, to receive and record evidence.

(2) Any evidence recorded under clause (d) of sub-section (1) shall be admissible in any subsequent trial before a Magistrate, provided that it has been taken in the presence of the accused person.

73. Forest-officers deemed public servants.– All Forest-officers shall be deemed to be public servants within the meaning of the Pakistan Penal Code[123].

74. Indemnity for acts done in good faith.– No suit shall lie against any public servant for anything done by him in good faith under this Act.

75. Forest-officers not to trade.– Except with the permission in writing of the [124][Government], no Forest-officer shall, as principal or agent, trade in timber or other forest-produce, or be or become interested in any lease of any forest or in any contract for working any forest, whether in or outside [125][Pakistan].

CHAPTER XII

SUBSIDIARY RULES

76. Additional powers to make rules.– The [126][Government] may make rules–

(a) to prescribe and limit the powers and duties of any Forest-officer under this Act;

(b) to regulate the rewards to be paid to officers and informers out of the proceeds of fines and confiscation under this Act;

(c) for the preservation, reproduction and disposal of trees and timber belonging to Government, but grown on lands belonging to or in the occupation of private persons; and

(d) generally, to carry out the provisions of this Act.

[127][77. Penalty for breach of rules.– If a person contravenes any rule made under this Act and for which no penalty is provided under the Act, the person shall be liable to imprisonment for a term which may extend to six months or fine which may extend to ten thousand rupees or to both.]

78. Rules when to have force of law.– All rules made by the [128][Government] under this Act shall be published in the [129][official Gazette], and shall thereupon, so far as they are consistent with this Act, have effect as if enacted therein.

[130][CHAPTER XII-A

FOREST COMPANY

78-A. Forest company.– (1) The Government may establish a forest company under the Companies Ordinance, 1984 (XLVII of 1984) to oversee the implementation of public private partnership on assigned forest land or wasteland.

(2) The Government may, by notification in the official Gazette, assign a blank forest land or wasteland owned by the Government to a forest company.

(3) The Government shall not notify a forest land or wasteland under subsection (2) unless the nature and extent of the rights of the Government and of private persons in or over the forest land or wasteland have been inquired into and recorded at a survey or settlement or in such other manner as the Government deems appropriate.

(4) Subject to the Companies Ordinance, 1984 (XLVII of 1984), the Government may constitute the Board of Directors of a forest company with equal representation from public and private sectors to manage functioning of the forest company.

(5) The forest company shall, in addition to its Articles of Association and Memorandum of Association, comply with the provisions of this Act and the rules.

78-B. Procedure for partnership.– (1) The forest company shall invite applications of eligible persons through a public notice, published in at least two national daily newspapers, for public private partnership for the development of forest on the forest land or wasteland.

(2) The eligibility criteria for an applicant shall include:

(a) availability of required technical and other human resource to undertake the project;

(b) financial capacity; and

(c) relevant experience.

(3) The forest company shall execute the afforestation plan in accordance with the Agreement signed with the successful applicant that shall not exceed fifteen years but it may contain provision for extension of the Agreement for one more term of fifteen years subject to satisfactory performance by the applicant.

(4) The forest company and the person occupying a forest land or wasteland under public private partnership shall protect:

(a) the forest land or wasteland from any type of encroachment or use other than the permitted or permissible use under the Agreement, this Act or the rules; and

(b) the forest produce from illegal removal, illegal cultivation or other incidents such as forest fire, insect attack and diseases.

(5) The forest company shall deposit the profit with the Government.

(6) The forest company shall maintain record of forest produce and shall annually submit the record of the forest produce to the Government.

(7) The Government may notify a monitoring committee to monitor and evaluate the afforestation plan of the forest company.

(8) The forest company and the occupant shall rectify any violations to the afforestation plan specified by the monitoring committee within sixty days.

(9) The Government may conduct third party validation to evaluate performance of the forest company or any public private partnership project under the Act.]

CHAPTER XIII

MISCELLANEOUS

79. Persons bound to assist Forest-officers and Police-officers.– (1) Every person who exercises any right in a [131][reserved, protected or unclassed forests], or who is permitted to take any forest-produce from, or to cut and remove timber or to pasture cattle in such forest, and every person who is employed by any such person in such forest, and every person in any village contiguous to such forest who is employed by the [132][Government], or who receives emoluments from the [133][Government] for services to be performed to the community, shall be bound to furnish without unnecessary delay to the nearest Forest-officer or Police-officer any information he may possess respecting the commission of, or intention to commit, any forest-offence, and shall forthwith take steps, whether so required by any Forest-officer or Police-officer or not,–

(a) to extinguish any forest fire in such forest of which he has knowledge or information;

(b) to prevent by any lawful means in his power any fire in the vicinity of such forest of which he has knowledge or information from spreading to such forest,

and shall assist any Forest-officer or Police-officer demanding his aid–

(c) in preventing the commission in such forest of any forest-offence; and

(d) when there is reason to believe that any such offence has been committed in such forest, in discovering and arresting the offender.

(2) Any person who, being bound so to do, without lawful excuse (the burden of proving which shall lie upon such person) fails–

(a) to furnish without unnecessary delay to the nearest Forest-officer or Police-officer any information required by sub-section (1);

(b) to take steps as required by sub-section (1) to extinguish any forest fire in a reserved or protected forest;

(c) to prevent, as required by sub-section (1), any fire in the vicinity of such forest from spreading to such forest; or

(d) to assist any Forest-officer or Police-officer demanding his aid in preventing the commission in such forest of any forest-offence, or, when there is reason to believe that any such offence has been committed in such forest, in discovering and arresting the offender;

shall be punishable with imprisonment for a term [134][which may extend to three months or with fine which may extend to twenty-five thousand rupees or with both].

80. Management of forests the joint property of Government and other persons.– (1) If the Government and any person be jointly interested in any forest or waste-land, or in the whole or any part of the produce thereof, the [135][Government] may either–

(a) undertake the management of such forest, wasteland or produce, accounting to such person for his interest in the same; or

(b) issue such regulations for the management of the forest, waste-land or produce by the person so jointly interested as it deems necessary for the management thereof and the interests of all parties therein.

(2) When the [136][Government] undertakes under clause (a) of sub-section (1) the management of any forest, waste-land or produce, it may, by notification in the [137][official Gazette], declare that any of the provisions contained in Chapters II and IV shall apply to such forest, waste-land or produce, and thereupon such provisions shall apply accordingly.

[138][80-A. Public private partnership.– (1) Subject to the Punjab Public Private Partnership Act 2014 (IX of 2014) and any other law for the time being in force, the Government may itself or through a forest company invite proposals for the development of a forest land or wasteland.

(2) The Government may itself or through a forest company enter into public private partnership for the development, preservation and conservation of a forest land or wasteland.

(3) Subject to the provisions of this Act, the Government may itself or through a forest company permit any person to use a blank forest land or wasteland for increase in the productivity of the forest.

(4) The Government shall not permit use of forest land or wasteland assigned to a forest company for:

(a) construction of any permanent structure; or

(b) change of land use for the purpose other than the development of forest or forest related activities.

(5) Subject to the Punjab Public Private Partnership Act 2014 (IX of 2014) and any other law for the time being in force, the Government or forest company shall enter into a detailed contractual arrangement with any person in accordance with the provision of this section.

(6) If, in the opinion of the Government or forest company, the person has violated any provision of the Act or the contractual arrangement, the Government may, in addition to any other penalty prescribed under the Act, recover possession of the forest land or wasteland from the occupant.

(7) Nothing in this section shall be construed to allow the Government or forest company or any other occupant of the forestland or wasteland to permit or to do an act, which is prohibited or punishable under the Act.]

81. Failure to perform service for which a share in produce of Government forest is enjoyed.– If any person be entitled to a share in the produce of any forest which is the property of Government or over which the Government has proprietary rights or to any part of the forest-produce of which the Government is entitled, upon the condition of duly performing any service connected with such forest, such share shall be liable to confiscation in the event of the fact being established to the satisfaction of the [139][Government] that such service is no longer so performed:

Provided that no such share shall be confiscated until the person entitled thereto, and the evidence, if any, which he may produce in proof of the due performance of such service, have been heard by an officer duly appointed in that behalf by the [140][Government].

82. Recovery of money due to Government.– All money payable to the Government under this Act, or under any rule made under this Act, or on account of the price of any forest-produce, or of expenses incurred in the execution of this Act in respect of such produce, may, if not paid when due, be recovered under the law for the time being in force as if it were an arrear of land-revenue.

83. Lien on forest-produce for such money.– (1) When any such money is payable for or in respect of any forest-produce, the amount thereof shall be deemed to be a first charge on such produce, and such produce may be taken possession of by a Forest-officer until such amount has been paid.

(2) If such amount is not paid when due, the Forest-officer may sell such produce by public auction, and the proceeds of the sale shall be applied first in discharging such amount.

(3) The surplus, if any, if not claimed within two months from the date of the sale by the person entitled thereto, shall be forfeited to [141][Government].

84. Land required under this Act to be deemed to be needed for a public purpose under the Land Acquisition Act, 1894.– Whenever it appears to the [142][Government] that any land is required for any of the purposes of this Act, such land shall be deemed to be needed for a public purpose within the meaning of section 4 of the Land Acquisition Act, 1894[143].

85. Recovery of penalties due under bond.– When any person, in accordance with any provision of this Act, or in compliance with any rule made thereunder, binds himself by any bond or instrument to perform any duty or act, or covenants by any bond or instrument that he, or that he and his servants and agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions thereof may, notwithstanding anything in section 74 of the Contract Act, 1872[144], be recovered from him in case of such breach as if it were an arrear of land-revenue.

[145][85-A. * * * * * * * * * * * * * *]

86. Repeals.– The enactments mentioned in the schedule are hereby repealed to the extent specified in the fourth column thereof.

THE SCHEDULE

[Enactments Repealed]. Repealed by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 and Schedule.


Footnotes :

[1]For statement of objects and reasons, see Gazette of India, 1926, Pt. V. p. 165, and for Report of Select Committee, see ibid., p. 242.

It had been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., and extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and subject to such modifications as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.

[2]The word “Indian”, omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).

[3]The original sub-section (2) has successively been amended by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), the Federal laws (Revision and Declaration) Act, 1951 (XXVI of 1951), the Central laws (Statute Reform) Ordinance, 1960 (XXI of 1960), the Repealing and Amending Ordinance, 1961 (I of 1961), Adaptation Order, 1961 and the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), and, finally, by the Punjab Laws (Adaptation) Order, 1974 (Pb.A.O., 1 of 1974).

[4]Deleted by the Punjab Laws (Adaptation) Order, 1974 (Pb.A.O., 1 of 1974).

[5]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[6]Inserted by the Punjab Forest (Amendment) Act 2016 (XIV of 2016).

[7]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[8]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[9]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[10]Substituted for “local official Gazette”, by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[11]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[12]The original words “on behalf of Govt.” were first substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, 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), Article 2 (with effect from the 23rd March, 1956), to read as above.

[13]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[14]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[15]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[16]Inserted by the Forest (Amendment) Act 2010 (XVII of 2010).

[17]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[18]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[19]Inserted by the Forest (Amendment) Act 2010 (XVII of 2010).

[20]I of 1894.

[21]Substituted for the word “Collector” by the Forest (Amendment) Ordinance, 2001 (XLVI of 2001).

[22]Substituted for the word “Collector” by the Forest (Amendment) Ordinance, 2001 (XLVI of 2001).

[23]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[24]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[25]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[26]Substituted for the word “Collector” by the Forest (Amendment) Ordinance, 2001 (XLVI of 2001).

[27]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[28]Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[29]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[30]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[31]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[32]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[33]I of 1894.

[34]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[35]Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[36]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[37]The original words “on behalf of the Govt.” were first substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, 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), Article 2 (with effect from the 23rd March, 1956), to read as above.

[38]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[39]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[40]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[41]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[42]Substituted by the Forest (West Pakistan Amendment) Act, 1964 (VII of 1964).

[43]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[44]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[45]New subsections (3) and (4) inserted by the Punjab Forest (Amendment) Act 2016 (XXVI of 2016).

[46]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010) for the words “Provincial Government”.

[47]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010) for the words “Provincial Government”.

[48]Inserted by the Forest (Amendment) Act 2010 (XVII of 2010).

[49]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010), for the words “Provincial Government”.

[50]Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[51]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[52]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[53]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[54]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[55]Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[56]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[57]Substituted for the word “Collector” by the Forest (Amendment) Ordinance, 2001 (XLVI of 2001).

[58]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[59]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[60]Added by the Forest (West Pakistan Amendment) Act, 1964 (VII of 1964).

[61]Substituted by the Forest (Amendment) Act, 2010 (XVII of 2010).

[62]Inserted by the Forest (Amendment) Act, 2010 (XVII of 2010).

[63]New subsections (3) and (4) inserted by the Punjab Forest (Amendment) Act 2016 (XXVI of 2016).

[64]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[65]Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[66]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[67]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[68]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[69]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[70]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[71]I of 1894.

[72]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[73]Substituted for the word “Collector” by the Forest (Amendment) Ordinance, 2001 (XLVI of 2001).

[74]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[75]Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[76]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[77]Substituted for “local official Gazette”, by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[78]Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect from the 14th October 1955), for “the Provinces and the Capital of the Federation”, which had been Substituted by Adaptation Order, 1949, for “British India”.

[79]The original words “the Govt.” were first substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, 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), Article 2 (with effect from the 23rd March, 1956), to read as above.

[80]Substituted, by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect from the 14th October 1955), for “the Province and the Capital of the Federation”, which had been substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), for “British India”.

[81]Added by the Forest Laws Amendment Ordinance, 1962 (X of 1962), section 2.

[82]Proviso omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[83]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[84]Sub-sections (3) and (4) omitted by the Forest Laws Amendment Ordinance, 1962 (X of 1962), section 2.

[85]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[86]Substituted for “British India”, by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[87]The original word “Government” was first substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, and then amended by Adaptation Order, 1961, Article 2 (with effect from the 23rd March, 1956), to read as above.

[88]Substituted by the Forest (Amendment) Act, 2010 (XVII of 2010).

[89]Substituted by the Forest (Amendment) Act, 2010 (XVII of 2010) for the words “Provincial Government”.

[90]Section 41-A, inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[91]Substituted for the words “Federal Government”, by the Forest (Amendment) Act 2010 (XVII of 2010).

[92]Substituted for the words “Federal Government”, by the Forest (Amendment) Act 2010 (XVII of 2010).

[93]Substituted, by the Central laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), for “British India”.

[94]Substituted for the words “Federal Government”, by the Forest (Amendment) Act 2010 (XVII of 2010).

[95]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[96]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), for “Crown”, which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for the word “Government”.

[97]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), for “Crown”, which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for the word “Government”.

[98]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[99]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[100]Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[101]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956) for “Crown”, which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Government”.

[102]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956) for “Crown”, which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.

[103]Substituted for the words “Provincial Government”, by the Forest (Amendment) Act 2010 (XVII of 2010).

[104]Substituted for the words “Provincial Government”, by the Forest (Amendment) Act 2010 (XVII of 2010).

[105]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[106]Substituted by the Forest (Punjab Amendment) Act, 1948 (IV of 1948), for “carts”.

[107]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[108]Substituted by the Forest (Punjab Amendment) Act, 1948 (IV of 1948), for “carts”.

[109]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[110]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[111]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[112]Inserted by the Forest (Amendment) Act 2010 (XVII of 2010).

[113]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[114]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[115]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[116]Omitted by the Forest (Amendment) Act 2010 (XVII of 2010).

[117]Inserted by the Forest (Amendment) Act 2010 (XVII of 2010).

[118]I of 1871.

[119]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[120]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010), for the words “Provincial Government”.

[121]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010), for the words “Provincial Government”.

[122]V of 1898.

[123]XLV of 1860.

[124]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[125]Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and Schedule (with effect from 14th October, 1955), for “the Provinces and the Capital of the Federation”, which had been substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), for “British India”.

[126]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[127]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010).

[128]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[129]Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[130] New Chapter inserted by the Punjab Forest (Amendment) Act 2016 (XIV of 2016).

[131]Substituted for the words “reserved or protected forest” by the Forest (Amendment) Act 2010 (XVII of 2010).

[132]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), for “Crown”, which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Government”.

[133]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), for “Crown”, which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Government”.

[134]Substituted for the words “which may extend to one month or with fine which may extend to two hundred rupees or with both” by the Forest (Amendment) Act 2010 (XVII of 2010).

[135]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010), for the words “Provincial Government”.

[136]Substituted by the Forest (Amendment) Act 2010 (XVII of 2010), for the words “Provincial Government”.

[137]Substituted, for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[138]Substituted for the following by the Punjab Forest (Amendment) Act 2016 (XIV of 2016);

“80-A. Public private partnership for development of forests.– (1) Subject to any other law, the Government may invite proposals from the private sector for the development of a forest, forest land or wasteland.

(2) The Government may enter into public private partnership for the development, preservation and conservation of a forest.

(3) Subject to the provisions of this Act, the Government may permit any person to use a forest land or wasteland for–

(a) increase in the productivity of the forest;

(b) developing the forest park without disturbing the natural features of the forest;

(c) developing a forest on a forest land or wasteland; or

(d) developing forest based industry without disturbing the natural features of the forest.

(4) The Government shall not permit use of forest land or wasteland for–

(a) construction of a permanent structure; or

(b) change of land use for the purpose other than development of forest or forest related activities; or

(c) a housing project.

(5) Subject to any other law, the Government shall enter into a detailed contractual arrangement with any person in accordance with the provision of this section.

(6) If, in the opinion of the Government, the person has violated any provision of the Act or the contractual arrangement, the Government may, in addition to any other penalty prescribed under the Act, recover possession of the forest land or wasteland from the person.

(7) Nothing in this section shall be construed to allow the Government or any person to permit or to do an act, which is prohibited or punishable under the Act.”

[139]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[140]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[141]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2, for “His Majesty” (with effect from the 23rd March, 1956).

[142]Substituted for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).

[143]I of 1894.

[144]IX of 1872.

[145]Section 85-A omitted by the Forest (Amendment) Act 2010 (XVII of 2010).


 

THE DEFAMATION ORDINANCE 2002

THE DEFAMATION ORDINANCE 2002 [Pakistan]

(Ordinance LVI of 2002)

C O N T E N T S

SECTION HEADING

1. Short title, extent and commencement.

2. Definitions.

3. Defamation.

4. Defamation Actionable.

5. Defences.

6. Absolute privilege.

7. Qualified privilege.

8. Notice of Action.

9. Remedies.

10. Code of Civil Procedure and Qanun-e-Shahadat Order to Apply.

11. Ordinance not to prejudice action for criminal defamation.

12. Limitation of actions.

13. Trial of Cases.

14. Court to decide the cases expeditiously.

15. Appeal.

16. Power to make rules.


[1]THE DEFAMATION ORDINANCE, 2002

(Ordinance. LVI of 2002)

1 October 2002

An Ordinance to make provisions in respect of defamation.

WHEREAS it is expedient to make provisions in respect of defamation and for matters connected therewith or incidental thereto;

AND WHEREAS, the President is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No.1 of 1999, read with the Provisional Constitution (Amendment) Order No.9 of 1999, and in exercise of all powers enabling him in that behalf, the President of Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:-

1. Short title, extent and commencement.– (1) This Ordinance may be called the Defamation Ordinance, 2002.

[2][(2) It extends to whole of the Punjab.]

(3) It shall come in to force at once.

2. Definitions.– In this Ordinance, unless there is anything repugnant in the subject or context–

(a) [3][* * *].

(b) “Broadcasting” means the dissemination of writings, signs, signals, pictures and sounds of all kinds, including any electronic device, intended to be received by the public either directly or through the medium of relay stations, by means of–

(i) a form of wireless radio-electric communication utilizing Hertzian waves, including radio telegraph and radiotelephone, or

(ii) cables, computers, wires, fibre-optic linkages or laser beams, and “broadcast” has a corresponding meaning;

[4][(bb) “Court” means the District Court;]

(c) “editor” means a person or operator having editorial or, equivalent responsibility for the content of the statement or the decision to publish or circulate it;

[5][(cc) “Government” means Government of the Punjab;]

[6][(d) “newspaper” means a paper containing public news, intelligence or occurrences or remarks or observations or containing only, or principally, advertisements, printed for distribution to the public and published periodically, or in parts or number, and includes such other periodical works as the Government may, by notification in the official Gazette, declare to be newspaper;]

[7][(dd) “Originator” means the initiator of the defamatory statement or any other defamatory act;]

(e) “Publication” means the communication of the words to at least one person other than the person defamed and includes a newspaper or broadcast through the internet or other media; and

(f) “Publisher” means a commercial publisher, that is, a person whose business is issuing material to the public, or a section of public, who issues material containing the statement in the course of that business.

3. Defamation.– (1) Any wrongful act or publication or circulation of a false statement or representation made orally or in written or visual form which injures the reputation of a person, tends to lower him in the estimation of others or tends to reduce him to ridicule, unjust criticism, dislike, contempt or hatred shall be actionable as defamation.

(2) Defamation is of two forms, namely:–

(i) Slander; and

(ii) Libel.

(3) Any false oral statement or representation that amounts to defamation shall be actionable as slander.

(4) Any false written, documentary or visual statement or representation made either by ordinary form or expression or by electronic or other modern means of devices that amounts to defamation shall be actionable as libel.

4. Defamation Actionable.– The publication of defamatory matter is an actionable wrong with out proof of special damage to the person defamed and where defamation is proved, damage shall be presumed.

5. Defences.– In defamation proceedings a person has a defence if he shows that–

(a) he was not the author, editor, publisher or printer of the statement complained of;

(b) the matter commented on is fair and in the public interest and is an expression of opinion and not an assertion of fact and was published in good faith;

(c) it is based on truth and was made for the public good;

(d) assent was given for the publication by the plaintiff;

(e) offer to tender a proper apology and publish the same was made by the defendant but was refused by the plaintiff;

(f) an offer to print or publish a contradiction or denial in the same manner and with the same prominence was made but was refused by the plaintiff;

(g) the matter complained of was privileged communication such as between lawyer and client or between persons having fiduciary relations; and

(h) the matter is converted by absolute or qualified privilege.

6. Absolute privilege.– Any publication of statement made in the Federal or Provincial Legislatures, reports, papers, notes and proceedings ordered to be published by either House of the Parliament or by the Provincial Assemblies, or relating to judicial proceedings ordered to be published by the court or any report, note or matter written or published by or under the authority of Government, shall have the protection of absolute privilege.

Explanation.– In this section legislature includes a local legislature and Court includes any Tribunal or body exercising the judicial powers.

7. Qualified privilege.– Any fair and accurate publication of parliamentary proceedings, or judicial proceedings which the public may attend and statements made to the proper authorities in order to procure the redress of public grievances shall have the protection of qualified privilege.

8. Notice of Action.– No action lies unless the plaintiff has, within two months after the publication of the defamatory matter has come to his notice or knowledge, given to the defendant, fourteen days notice in writing of his intention to bring an action, specifying the defamatory matter complained of.

9. Remedies.– Where defamation shall be proved to have occurred, the Court may pass order directing the defendant to tender an apology, if acceptable to the plaintiff, and publish the same in similar manner and with the same prominence as the defamatory statement made and pay reasonable compensatory damages as general damages with a minimum of Rs.50,000/- (Rupees fifty thousands) [8][* * *] and in addition thereto, any special damage incurred that is proved by the plaintiff to the satisfaction of the Court[9][:]

[10][Provided that in case of the originator the minimum compensatory damages as general damages shall be three hundred thousand rupees.]

10. Code of Civil Procedure and Qanun-e-Shahadat Order to Apply.– The Code of Civil Procedure, 1908 (V of 1908) and the Qanun-e-Shahadat Order, 1984 (P.O. No.10 of 1984) shall mutatis mutandis, apply to the proceedings under this Ordinance.

11. Ordinance not to prejudice action for criminal defamation.– Nothing in this Ordinance shall prejudice any action for criminal libel or slander under any law for time being in force.

12. Limitation of actions.– An action against–

(a) an author, editor, proprietor or publisher of a newspaper,

(b) the owner of a broadcasting station,

(c) an officer, servant or employee of the news paper or broadcasting station; or

(d) any other person;

for defamation contained in the newspaper or broadcast from the station or its publication otherwise shall be taken within six months after the publication of the defamatory matter came to the notice or knowledge of the person defamed.

[11][13. Trial of Cases.– The District Court shall have the jurisdiction to try the cases under this ordinance.]

14. Court to decide the cases expeditiously.– The Court shall decide a case under this Ordinance within a period of [12][ninety days].

[13][15. Appeal.– An appeal against the final decision and decree of the Court shall lie to the High Court within thirty days and the High Court shall decide the appeal within sixty days:

Provided that no appeal shall lie against an interlocutory order of the Court.]

16. Power to make rules.– The [14][* * *] Government may, by notification in the official Gazette, make rules to carry out the purpose of this Ordinance.


Foot Notes: 

[1]In pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No.1 of 1999, read with the Provisional Constitution (Amendment) Order No.9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan promulgated this Ordinance which was published in the Gazette of Pakistan, Extraordinary, 1st October, 2002.

This Ordinance was originally in the Federal ambit, however, the subject on which this law was enacted devolved to the provinces by virtue of 18th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the Punjab by the Defamation (Amendment) Act 2012 (VIII of 2012).

[2]Substituted by the Defamation (Amendment) Act 2012 (VIII of 2012).

[3]Omitted by the Defamation (Amendment) Act, 2004 (Federal Act IX of 2004), s.2.

[4]Inserted by the Defamation (Amendment) Act, 2004 (Federal Act IX of 2004), s.2.

[5]Inserted by the Defamation (Amendment) Act 2012 (VIII of 2012).

[6]Substituted ibid.

[7]Inserted by the Defamation (Amendment) Act, 2004 (Federal Act IX of 2004), s.2.

[8]Omitted by the Defamation (Amendment) Act, 2004 (Federal Act IX of 2004), s.3.

[9]Substituted, ibid, for full-stop.

[10]Inserted ibid.

[11]Substituted ibid, s.4

[12]Ibid, s.5.

[13]Ibid., s.6.

[14]The word “Federal” omitted by the Defamation (Amendment) Act 2012 (VIII of 2012).