PUNJAB LAWS ACT, 1872

S.1 Short title.

This Act may be called the Punjab Laws Act, 1872.

S.2 Local extent

       It extends to the territories 1[constituting the 2[(States of 3[Punjab) and (Delhi)] but not so as to alter the effect of any regulations made for any parts of the said territories under the 4[Statute] 33, Viet, cap. 3, section 1 ; and it shall come into force on the first day of June, 1872.
       1. Subs. for the words "now under the administration of the Provincial Government of the Punjab" by Indian Independence (Adaptation of Central Acts and Ordinances) Order. 1948.
       2. Subs. for the word "Provinces" by Adaptation of Laws Order 1950.
       3. Subs. for the Words East Punjab" by Adaptation of Laws Order 1950. Now the territories specified in sub-section (1) of Section 5 of the Punjab Reorganisation Act, 1966, vide A. O.1968,
       4. R

S.3 Commencement.

       The Regulations, Acts and Orders specified in the First Schedule hereto annexed are in force in the 1[States of 2(Punjab) and Delhi] to the extent specified in the third column of the said Schedule.

       1. Subs. for the word Provinces" by Adaptation of Laws Order, 1950.
       2. Subs. for the words "East Punjab" by Adaptation of Laws Order, 1950. Now the territories specified in sub-section (1) of section 5 of the Punjab Re-Organisation Act, 1966, vide A.O. 1968.

S.4 Enactments in force.

       Repealed by Act No. XVII of 1914, S. 3 and Second Schedule.

       1[5. Decisions in certain cases to be according to Native law.
       In questions regarding succession, special property of females , betrothal, marriage, divorce, dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, gifts, partitions, or any religious usage or institution, the rule of decision shall be -
       (a) Any custom applicable to the parties concerned, which is not contrary to justice, equity or good conscience, and has nut been by this or any other enactment altered or abolished, and has not been declared to be void by any competent authority;
       (b) the Muhammadan Law, incases where the parties are

S.6 Decisions in cases and specially provided for.

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

S.7 Local customs and mercantile usages when valid.

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

S.8 .

1[ * * * * ]
1. Sections S, 8-A, 83-B. and 8-C (subsumed for the original section 8 by section 2 of the Punjab Act IV of 1900) were repealed together with the headings thereto, by Punjab Act, V of 1941.

S.8(A) .

S.8(B) .

S.8(C) .

S.9 to 20 .

1[* * * ]
1. Repealed by Punjab Act II of 1905, Sec. 2(1).

S.21 Copy of decrees affecting land to be forwarded to Deputy Commissioner.

1[* * * *]
1. Repealed by Act XVII of 1887, Schedule.

S.22 to 32 .

1[ * * *]
1. Repealed by Act III of 1907, Schedule.

S.33 Saving of previous insolvency proceedings

1[* * *]
1. Repealed by Act XII of 1891, Schedule.

S.34 to 38 .

1[ * * * * *]
1. Repealed by Punjab Act II of 1905, Schedule.

S.39 Indian Penal Code to apply to offences committed previous to 1st January, 1862.

       The provisions of the Indian Penal Code, with the exception of Chapter VI, shall be applicable to all offences committed before first January, 1862, in territory which was, at the time of the commission of such offence, subject to the 1[State] Government of 2[Punjab].
       Provided that nothing contained in this section shall affect any privilege conferred on certain Chiefs in Punjab by the 3[Central Government], or by the Board of Administration for the affairs of the Punjab, nor any indemnity or pardon granted by competent authority.
       1. Subs. for "Provincial by Adaptation of Laws Order, 1950.
       2. Subs. for the words "East Punjab" which had been inserted for the word "the Punjab" by the Indian. (Adaptation of Existing Indian Laws) Order, 1947, by the Adaptation of Law

S.39(A) Power to establish system of village watchmen and municipal watchmen, and to make rules.

       The 2[State Government] may establish a system of village watchmen or municipal watchmen in any part of the territories under its administration, and in furtherence of this object may, from time to time, make rules to provide for the following matters :-
       (a) the definition of the limits of watchmens beats ;
       (b) the determination of the several grades of watchmen, and the number of each grade to be appointed to each beat ;
       (c) the appointment, suspension, dismissal and resignation of watchmen of each grade ;
       (d) the equipment and discipline of, and the control and supervision over, such watchmen;
       (e) the conferring upon them, and the exerc

S.39(B) Obligation to assist watchmen and headmen.

       Every person is bound to render to a village watchman, or municipal watchman, or village headman discharging the duties of a Police officer under the rules made here-under, all the assistance which he is bound to render to a Police Officer.
       Person obstructing watchman or headman may be arrested without warrant.-Any person who obstructs such watchman or headman in the discharge of such duties -may be arrested without warrant by a Police Officer or by any watchman or village headman empowered in this behalf by the 1[State Government].
       1. Subs, for "Central Government" (which was subs, for "State Government by A.O. 1968) by A.O. 1973. The word "State" was subs. for the word "Provincial by Adaptation of Laws Order, 1950,

S.39(C) Power to direct local taxation for payment of police enrolled under Act V of 1961.

       Whenever it seems to the 2[State Government] expendient that the duties of watch-and-ward and other internal police service of any town or village not comprised within the limits of a municipality or within the limits of a village watchmans beat as defined under the power conferred by section 39-A should be performed by Police-Officers enrolled under Act V of 1961, the 2[State Government] may direct that the said service shall be so performed and may also, 3[* *****] direct that the charges for the time being fixed by such 2[State Government] on account of such service shall be defrayed by taxes to be levied in such town or village.
       1. Sec. 39-C to 39-G were inserted by Act XV of 1875, Sec. 2.
       2. Subs. for "Central Government" (which was subs, for the State Government by A.

S.39(D) Notice of taxes proposed to be levied.

       When the 1[State Government] has, under section 39-C, directed that taxes shall be levied in any town or village, the Deputy Commissioner may from time to time issue a public notice in such town or village explaining the nature of the taxes he proposes to levy.
       Objections to taxation.-Any inhabitant of such town or village objecting to the taxation thus proposed may, within fifteen days from the publication of such notice, send his objection in writing to the Deputy Commissioner.
       Procedure thereon.-After the expiry o fifteen days from the publication of the notice, the Deputy Commissioner may submit for the information of the 1[State Government] report of the proposal made by him. Such report shall contain specific mention of the objections (if any) urged to his proposal and his opinion on such objections

S.39(E) Power to fix rates of tax.

When any such tax has been so approved by the 1[State Government], the Deputy Commissioner may, from time to time, subject to such rules consistent with this Act as the 1[State Government] may from time to time prescribe, determine the rates at which it is to be levied.
1. Subs. for "Central Government" (which was subs. for the State Government by A.O. 1968) by A.O. 1973. The word State was subs, for Provincial by Adaptation of Laws Order, 1950.

S.39(F) Power to make rules for collection of taxes.

The 1[State Government] may from time to time make rules to provide for the collection of such taxes by any process available for the realisation of the revenue and to regulate the application and mode of accounting for the same.
1. Subs. for "Central Government" (which was subs. for the State Government by A.O. 1968) by A.O. 1973. The word State was subs, for Provincial by Adaptation of Laws Order, 1950.

S.39(G) Validation Clause.

1[* * *]
1. Repealed by Act No. XII of 1891, schedule.

S.40 1[State Government] may confer powers of Police Officers.

       The 1[State Government] may, if it thinks fit, confer on any person any of the powers which may be exercised by a Police Officer under any Act for the time being in force 2[and may withdraw any powers so conferred.]
       1. Subs. for "Central Government" (which was subs, for "state Government" by A. O. 1968) by A.O. 1973. The word State" was subs, for "Provincial" by Adaptation of Laws Order,1950.
       2. Added by the Punjab Laws (Amendment) Act, 1878 (XII of 1878) Sec. 8.

S.41 Trackers may call for assistance in carrying on tracks.

When an offence is, has been, or may reasonably be supposed to have been committed, and the tracks of the persons who may reasonably be supposed to have committed such offence, or of any animal or other property reasonably supposed to be connected with such
offence, are followed to a spot within the immediate vicinity of a village the person following such tracks may call upon any head-man or village-watchman in such village to assist in carrying on the tracks.

S.42 Penalty for withholding assistance or conniving at offence or escape.

If such headman or watchman do not forthwith give such assistance, or if the inhabitants of such village do not afford full opportunity for search in their houses for the offenders, or if, from the circumstances of the case, there shall appear good reason to believe that the inhabitants of such village, or any of them, were conniving at the offence or at the escape of the offenders, and such offenders cannot be traced beyond the village, the Magistrate of the District may, with the previous sanction of the Commissioner of the Division, inflict a fine upon such village not exceeding five hundred rupees, except in the case of stolen property over five hundred rupees in value, in which case the fine shall not exceed the value of such property.
Appeal to High Court.-An appeal against all convictions under this section shall lie to the 1[High co

S.43 Control of slaughter of kine and sale of beef.

       The slaughter of kine and the sale of beef shall hot take place except 1[****] subject to rules to be, from time to time, either generally or in any particular instance, prescribed by the 2[ State Government.]
       1. The words "with the consent and" were omitted by the Punjab Laws (Amendment) Act, 1878 (XII of 1878), Sec. 6.
       2. Subs. for the expression "Central Government" which was subs. for "State Government" by A.O. 1968) by A.O. 1973. The word "State" was subs, for the word "Provincial" by the Adaptation of Laws Order, 1950.

S.44 Control of entry into towns of bands of armed men.

       No band of armed men shall enter into any city or town, except 1[****] subject to rules to be, from time to time, either generally or in any particluar instance, prescribed by the 2[State Government].
       1. The words "with the consent and" were omitted by the Punjab Laws (Amendment) Act, 1878 (XII of 1878), Sec. 6.
       2. Subs. for the expression "Central Government" which was subs. for "State Government" by A.O. 1968) by A.O. 1973. The word "State" was subs. for the word "Provincial" by the Adaptation of Laws Order, 1950.

S.45 Powers of Magistrate of District as to foreign vagrants.

The Magistrate of the District may, if he considers that any band of foreign vagrants is likely to occasion breach of the peace or to commit any offence under the Indian Penal Code, prohibit such band from entering his district; or, if they are already in his district, may require
them within a given time to leave it.

S.46 Surveillances etc., of band failing to comply with Magistrates order

       If any such band fail to comply with the orders of the said Magistrate within the prescribed period, he shall report the matter to the 1[State Government], and the 1[State Government] may give such directions for the surveillance, control or deportation of such band as to it
       seems fit.
       1. Subs. for the expression "Central Government" which was subs. for "State Government" by A.O. 1968) by A.O. 1973. The word "State" was subs. for the word "Provincial" by the Adaptation of Laws Order, 1950.

S.47 Crossing of streams on buoys or skins.

       No person shall cross any river or stream on a buoy or inflated skin, nor shall have in his possession or custody any buoy or skin for the purpose of being used in crossing any river or stream except, 1[****] subject to rules to be, from time to time, either generally or in any
       particular instance prescribed by the 2[State Government.]
       1. The words "with the consent and" Omitted by Act No. XII of 1878.
       2. Subs. for the expression "Central Government" which was subs. for "State Government" by A.O. 1968) by A.O. 1973. The word "State" was subs. for the word "Provincial" by the Adaptation of Laws Order, 1950.

S.48 Use of pasturage or natural product of 1[Government] land.

       No person shall make use of the pasturage or other natural product of any land being the property of the 1[Government] except with the consent and subject to rules to be from time to time, either generally or in any particular instance, prescribed by 2[the Government
       concerned].
       1. Subs. for the word Crown by the Adaptation of Indian Laws Order, JCJM"
       2. Subs. for the words "the Government for whose purpose the land is vested in His Majesty" by Adaptation of Laws Order, 1950.

S.49 Growing, selling, or keeping opium.

1[****]
1. Repealed by Punjab Act No. 1 of 1878.

S.50 Power to make rules as to matter mentioned in sections 43 to 48.

       The 2[State Government] may from time to time make rules as to the matters mentioned in 3[sections 43 to 48] inclusive.
       Existing Rules.- All existing rules upon such matters, which might have been made under this section had it been in force, shall be deemed to have been made hereunder.
       1. Sec. 50, 50-A and 50-B were substituted for the original Sec. 50 by Sec. 3 of the Punjab Laws (Amendment) Act, 1875 (XV of 1875).
       2. Subs. for the expression Central Government (which was subs. for "State Government" by AO. 1968) by A-O. 1973. The word State was subs. for the word "Provincial" by the Adaptation of Laws Order, 1950.
       3. Subs. for the original reference by the Amending Act, 1891 (XTI of 1891).

S.50(A) Conditions of validity of rules hereafter made under this Act.

       1[Rules made under this Act shall not be valid unless] :-
       (a) they are consistent with the laws for the time being in force in the 2[States3] of 4[Punjab] and Delhi].
       (b) they are published in the official Gazette.
       5[****]
       1. Subs. for the words "All rules hereafter made by the Local Government under any power conferred by this Act shall be subject to the control of the Governor-General in Council and no such rules shall be valid unless" by Government of India (Adaptation of Indian Laws)
       Order, 1937.
       2. Subs. for the word Punjab by the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.
   &nbs

S.50(B) Penalty for contravention of rules.-

If any person contravenes the provisions of any rule made by the State Government under this Act, he shall be punishable with imprisonment for a time which may extend to six months, or with fine which may extend to fifty rupees, or with both]
1. Subs. by Punjab Act No. 15 of 1961, Sec. 2,

S.51 Republication of rules and orders.

       All rules which the 2[State Government] is empowered to issue under this Act, and all circulars issued by the 3[High Court of Himachal Pradesh] shall be republished from time to time by the 2[State Government], and upon such republication, shall be arranged in the
       order of their subject-matter, and all such alterations or amendments as may have been made since the last preceding publication thereof, or may have become necessary oradvisable, shall be embodied therewith, and upon such republication all such rules and
       circulars previously issued shall be repealed.]
       1. Subs. for the old Section by Punjab Act I of 1910.
       2. Subs. for the expression "Central Government" (which was subs, fo

S.52 Recovery of advances made by Government

1. Repealed by Act X of 1879.