The Kazis’
Act, 1880
Act No. XII of 1880
[9th July,
1880 ]
An Act
for the appointment of persons to the office of Kazi
Whereas by
the preamble to Act No. XI of 1864 (An Act to repeal the law relating to the
offices of Hindu and Muhammadan Law Officers and to the offices of
Kazi-ul-Kuzaat and of Kazi, and to abolish the former offices) it was (among
other things) declared that it was inexpedient that the appointment of the
Kazi-ul-Kuzaat, or of City, Town or Pargana Kazis, should be made by the Government,
and by the same Act the enactments relating to the appointment by the
Government of the said officers were repealed; and whereas by the usage of the
Muhammadan community in some parts of [Pakistan] the presence of Kazis
appointed by the Government is required at the celebration of marriages and the
performance of certain other rites and ceremonies, and it is therefore
expedient that the Government should again be empowered to appoint persons to
the office of Kazi ; It is hereby enacted as follows:---
1.
Short title. This Act may by called the Kazis’ Act, 1880;
Local
extent. [The] [Provincial Government] may from time to time,
by notification in the official Gazette, extend it to the whole or any part of
the territories under its administration.
2.
Power to appoint Kazis for any
local area. Wherever it appears to the Provincial Government] that any
considerable number of the Muhammadans resident in any a local area desire that
one or more Kazis should be appointed for such local area, the Provincial
Government] may, if it thinks fit, after consulting the principal Muhammadan
residents of such local area, select one or more fit persons and appoint him or
them to be Kazis for such local area.
If any question arises whether any person has been rightly
appointed Kazi under this section, the decision thereof by the Provincial
Government] shall be conclusive.
The Provincial Government] may, if it thinks fit, suspend or
remove any Kazi appointed under this section who is guilty of any misconduct in
the execution of his office, or who is for a continuous period of six months
absent from the local area for which he is appointed, or leaves such local area
for the purpose of residing elsewhere, or is declared an insolvent, or desires
to be discharged from the office, or who refuses or becomes in the opinion of
the Provincial Government] unfit, or personally incapable, to discharge the
duties of the office.
3.
Naib Kazis. Any Kazi
appointed under this Act may appoint one or more persons as his naib or naibs
to act in his place in all or any of the matters appertaining to his office
throughout the whole or in any portion of the local area for which he is
appointed, and may suspend or remove any naib so appointed.
When any Kazi is suspended or removed under section 2, his
naib or naibs (if any) shall be deemed to be suspended or removed, as the case
may be.
4.
Nothing in act to confer judicial
or administrative powers; or to render the presence of Kazi necessary; or to
prevent any one acting as Kazi. Nothing herein contained, and no
appointment made hereunder, shall be deemed,---
(a) to confer any
judicial or administrative powers on any Kazi or Naib Kazi appointed hereunder;
or
(b) to render the
presence of a Kazi or Naib Kazi necessary at the celebration of any marriage or
the performance of any rite or ceremony; or
(c) to prevent any
person discharging any of the functions of a Kazi.
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