(Act III of
1900)
[2 February 1900]
An Act to consolidate the law relating toprisoners confined
by order of a Court
WHEREAS it is expedient to consolidate the law relating to
prisoners confined by order of a Court;
It is hereby
enacted as follows:---
PART I
PRELIMINARY
1. Short title and extent.— (1) This Act may be called the Prisoners’ Act, 1900;
2. Definitions.— In this Act, unless there is anything repugnant in the
subject or context,—
(a) “Court” includes a Coroner and any officer
lawfully exercising civil, criminal or revenue jurisdiction; and
(b) “prison” includes any place which has been
declared by the [4][4][Provincial Government], by general or special order, to be
a subsidiary jail.
PART II
GENERAL
3. Officers incharge of prisons to detain
persons duly committed to their custody.—
The officer incharge of a prison shall receive and detain all persons duly
committed to his custody, under this Act or otherwise, by any Court, according
to the exigency of any writ, warrant or order by which such person has been
committed, or until such person is discharged or removed in due course of law.
4. Officers incharge of prisons to return
writs, etc., after execution or discharge.—
The officer incharge of a prison shall forthwith, after the execution of every
such writ, order or warrant as aforesaid other than a warrant of commitment for
trial, or after the discharge of the person committed thereby, return such
writ, order or warrant to the Court by which the same was issued or made,
together with a certificate, endorsed thereon and signed by him, showing how
the same has been executed, or why the person committed thereby has been
discharged from custody before the execution thereof.
PART III
[PRISONERS IN THE PRESIDENCY-TOWNS].
Omitted by the Adaptation of Central Acts and Ordinances
Order, 1949 (G.G.O. 4 of 1949), Schedule.
PART IV
14. References in
this Part to prisons, etc., to be construed as referring also to Reformatory
Schools.— In this Part all references to
prisons or to imprisonment or confinement shall be construed as referring also
to Reformatory Schools or to detention therein.
15. Power for
officers incharge of prisons to give effect to sentences of certain Courts.— (1) Officers in charge of prisons
[6][6][* * *] may give effect to any sentence or order or warrant for the detention of any person passed or issued—
[6][6][* * *] may give effect to any sentence or order or warrant for the detention of any person passed or issued—
(a) by any court or tribunal acting, whether within
or without [7][7][the Provinces [8][8][* * *], under the general or special authority of [9][9][the [10][10][Federal Government], or of any Provincial Government, or
of the Government of Burma] [11][11][or of any Court or tribunal which was before the
twenty-third day of March, 1956, acting under the general or special authority
of Her Majesty, or of the Crown Representative]; or
(i) if the presiding Judge, or if the Court or
tribunal consists of two or more Judges, at least one of the Judges, is an
officer of the [13][13][Government] authorised to sit as such Judge [14][14][by the State or the Ruler thereof] or by [15][15][the [16][16][Federal Government] or the Crown Representative], and
(ii) if the reception, detention or imprisonment [17][17][* * *] in any provinces [18][18][* * *] of persons sentenced by any such Court or
tribunal has been authorised by general or special order by [19][19][* * *] the [20][20][Provincial Government] [21][21][* * *]; or
(c) by any other Court or tribunal [22][22][in any Acceding State ],
with the previous sanction [23][23][* * *] of the [24][24][Provincial Government] in the case of each such
sentence, order or warrant:
[25][25][Provided that effect shall not be given to any sentence
or order or warrant for detention passed or issued by any Court or tribunal in Burma
(2) Where a Court or tribunal of such a [26][26][Ruler] or State has passed a sentence which cannot be
executed without the concurrence of an officer of the [27][27][Government] and such sentence has been considered on the
merits and confirmed by any such officer specially authorised in that behalf,
such sentence, and any order or warrant issued in pursuance thereof, shall be
deemed to be the sentence, order or warrant of a Court or tribunal acting under
the authority of [28][28][the [29][29][Federal Government] or the Crown Representative].
16. Warrant of
officer of such Court to be sufficient authority.— A warrant under the official signature of an officer of
such Court or tribunal as is referred to in section 15 shall be sufficient
authority for holding any person in confinement, or for sending any person for
transportation, in pursuance of the sentence passed upon him.
17. Procedure where
officer incharge of prison doubts the legality of warrant sent to him for
execution under this Part.—
(1) Where an officer incharge of a prison doubts the legality of a warrant or
order sent to him for execution under this Part, or the competency of the person
whose official seal or signature is affixed thereto to pass the sentence and
issue the warrant or order, he shall refer the matter to the [30][30][Provincial Government], by whose order on the case he and
all other public officers shall be guided as to the future disposal of the
prisoner.
(2) Pending a reference made under
sub-section (1), the prisoner shall be detained in such manner and with such
restrictions or mitigations as may be specified in the warrant or order.
18. Execution
in the Provinces, etc., of certain capital sentences not ordinarily executable
there.— (1) Where a [31][31][Court established by the authority of the [32][32][Federal Government]] exercising, in or with respect to
territory beyond the limits of [33][33][the Provinces [34][34][* * *]], jurisdiction which [35][35][the [36][36][Government]] has in such territory,—
(a) has sentenced any person to death, and,
(b) being of opinion that such sentence should,
by reason of there being in such territory no secure place for the confinement
of such person or no suitable appliances for his execution in a decent and
humane manner, be executed in [37][37][the Provinces
[38][38][* * *]], has issued its warrant for the execution of such sentence to the officer incharge of a prison in [39][39][the Provinces [40][40][* * *]],
[38][38][* * *]], has issued its warrant for the execution of such sentence to the officer incharge of a prison in [39][39][the Provinces [40][40][* * *]],
such officer shall, on receipt of the warrant, cause the
execution to be carried out at such place as may be prescribed therein in the
same manner and subject to the same conditions in all respects as if it were a
warrant duly issued under the provisions of section 381 of the Code of Criminal
Procedure, 1898[41][41].
(2) The prisons of which the officers
incharge are to execute sentences under any such warrants as aforesaid [42][42][shall in each Province be such as the Provincial
Government] may, by general or special order, direct.
(3) A Court shall be [43][43][deemed, for the purposes of this section, to be a Court
established by the [44][44][Federal Government]] if the presiding Judge, or if the
Court consists of two or more Judges, at least one of the Judges, is an officer
of the [45][45][Government] authorised to act as such Judge [46][46][by any Acceding State] or the Ruler thereof or the [47][47][Federal Government]:
Provided
that every warrant issued under this sub-section by any such tribunal shall, if
the tribunal consists of more than one Judge, be signed by a Judge who is an
officer of the [48][48][Government] authorised as aforesaid.
PART V
[PERSONS UNDER SENTENCE OF PENAL
SERVITUDE]
Omitted
by the Criminal Law (Extinction of Discriminatory Privileges Act, 1949) (II of
1950), Schedule.
PART VI
REMOVAL OF PRISONERS
28. References in
this Part to prisons, etc., to be construed as referring also to Reformatory
Schools.— In this Part, all references to
prisons or to imprisonment or confinement shall be construed as referring also
to Reformatory Schools or to detention therein.
[49][49][29. Removal of prisoners.— (1) The [50][50][Provincial Government] may, by general or special order,
provide for the removal of any prisoner confined in a prison—
(a) under sentence of death, or
(b) under, or in lieu of, a sentence of
imprisonment or transportation, or
(d) in default of giving security for keeping the
peace or for maintaining good behaviour,
to any other
prison in [53][53][the province, or, with the consent of the Provincial
Government concerned, to any prison in [54][54][the other Province]], [55][55][or, with the consent of the [56][56]Central Government] to any prison maintained [57][57][by it or under its authority] in any part of [58][58][Pakistan
[59][59][(2) Subject to
the orders, and under the control of the Provincial Government the Director of
Prisons may, in the like manner provide for the removal of any prisoner
confined as aforesaid in a prison situate in the area for which he is appointed
to any of the prison in such area].
[60][60][(3) The [61][61]Central Government may, by general or special order,
provide for the removal of any prisoner or class of prisoners confined in any
prison to any other prison in Pakistan maintained by or under the authority of
the [62][62]Central Government or of a Provincial Government with the
consent [63][63][* * *] of the Provincial Government concerned].
30. Lunatic
prisoners how to be dealt with.—
Where it appears to the [64][64][Provincial Government] that any person detained or
imprisoned under any order or sentence of any Court is of unsound mind, the [65][65][Provincial Government] may, by a warrant setting forth the
grounds of belief that the person is of unsound mind, order his removal to a
lunatic asylum or other place of safe custody within the province, there to be
kept and treated as the [66][66][Provincial Government] directs during the remainder of the
term for which he has been ordered or sentenced to be detained or imprisoned,
or if on the expiration of that term it is certified by a medical officer that
it is necessary for the safety of the prisoner or others that he should be
further detained under medical care or treatment, then until he is discharged
according to law.
(2) Where it appears to the [67][67][Provincial Government] that the prisoner has become of
sound mind, the [68][68][Provincial Government] shall, by a warrant directed to
the person having charge of the prisoner, if still liable to be kept in custody,
remand him to the prison from which he was removed, or to another prison within
the Province, or, if the prisoner is no longer liable to be kept in custody,
order him to be discharged.
(3) The provisions of section 9 of the
Lunatic Asylums Act, 1858[69][69], shall apply to every person confined in a lunatic asylum
under sub-section (1) after the expiration of the term for which he was ordered
or sentenced to be detained or imprisoned; and the time during which a prisoner
is confined in a lunatic asylum under that sub-section shall be reckoned as
part of the term of detention or imprisonment which he may have been ordered or
sentenced by the Court to undergo.
[70][70][(4) In any case
in which the [71][71][Provincial Government] is competent under sub-section (1) to
order the removal of a prisoner to a lunatic asylum or other place of safe
custody within the Province, the [72][72][Provincial Government] may order his removal to any such
asylum or place within [73][73][the other Province] or within [74][74][any Acceding State] by agreement with the [75][75][Provincial Government] of such other Province or with [76][76][such State or the Ruler thereof], as the case may be; and
the provisions of this section respecting the custody, detention remand and
discharge of a prisoner removed under sub-section (1) shall, so far as they can
be made applicable, apply to a prisoner removed under this sub-section].
31. [Removal
of prisoners from territories under one Local Government to territories under
another]. Repealed by the Amending Act, 1903 (I of 1903),section 4 and Schedule
III.
PART VII
PERSONS UNDER SENTENCE OF
TRANSPORTATION
32. Appointment of
places for confinement of persons under sentence of transportation and removal
thereto.— [77][77][(1)] The [78][78][Provincial Government] may appoint places within [79][79][the Province] to which persons under sentence of
transportation shall be sent; and the [80][80][Provincial Government], or some officer duly authorised in
this behalf by the [81][81][Provincial Government], shall give orders for the removal of
such persons to the places so appointed, except when sentence of transportation
is passed on a person already undergoing transportation under a sentence
previously passed for another offence.
[82][82][(2) In any case in
which the [83][83][Provincial Government] is competent under sub-section
(1) to appoint places within the Provinces and to order the removal thereto of
persons under sentence of transportation, the [84][84][Provincial Government] may appoint such places in [85][85][the other Province] by agreement with the [86][86][Provincial Government] of that Province and may by like
agreement give orders or duly authorise some officer to give orders for the
removal thereto of such persons].
PART VIII
DISCHARGE OF PRISONERS
33. Release, on
recognizance, by order of High Court, of prisoner recommended for pardon.— [87][87][A High Court], may, in any case in which it has recommended
to [88][88][the President] the granting of a free pardon to any
prisoner, permit him to be at liberty on his own recognizance.
PART IX
PROVISIONS FOR REQUIRING THE ATTENDANCE OF PRISONERS AND
OBTAINING THEIR EVIDENCE
Attendance of prisoners in court
34. References in
this Part to prisons, etc. to be construed as referring also to Reformatory
Schools.— In this Part, all references to
prisons or to imprisonment or confinement shall be construed as referring also
to Reformatory Schools or to detention therein.
35. Power for Civil
Courts to require appearance of prisoner to give evidence.— Subject to the provisions of section 39, any Civil Court
may, if it thinks that the evidence of any person confined in any prison within
the local limits of its appellate jurisdiction, if it is a High Court, or, if
it is not a High Court, then within the local limits of the appellate
jurisdiction of the High Court to which it is subordinate, is material in any
matter pending before it, make an order in the form set forth in the first
schedule, directed to the officer incharge of the prison.
36. District Judge
in certain cases to countersign orders made under section 35.— (1) Where an order under section 35 is made in any civil
matter pending—
(a) in a Court subordinate to the District
Judge, or
it shall not be forwarded to the officer to whom it is
directed, or acted upon by him, until it has been submitted to, and
countersigned by,—
(i) the District Judge to which the Court is
subordinate, or
(ii) the District Judge within the local limits of
whose jurisdiction the Court of Small Causes is situate.
(2) Every
order submitted to the District Judge under sub-section (1) shall be
accompanied by a statement, under the hand of the Judge of the subordinate
Court or Court of Small Causes, as the case may be, of the facts which in his
opinion render the order necessary, and the District Judge may, after
considering such statement, decline to countersign the order.
37. Power
for certain Criminal Courts to require attendance of prisoner to give evidence
or answer to charge.— Subject to the provisions of section 39, any Criminal
Court may, if it thinks that the evidence of any person confined in any prison
within the local limits of its appellate jurisdiction, if it is a High Court,
or, if it is not a High Court, then within the local limits of the appellate
jurisdiction of the High Court to which it is subordinate, is material in any
matter pending before it, or if a charge of an offence against such person is
made or pending, make an order in the form set forth in the first or second
schedule, as the case may be, directed to the officer incharge of the prison:
Provided
that if such Criminal Court is inferior to the Court of a Magistrate of the
first class, the order shall be submitted to, and countersigned by, the [90][90][Sessions Judge] to
whose Court such Criminal Court is subordinate or within the local limits of
whose jurisdiction such Criminal Court is situated.
38. Order to be
transmitted through Magistrate of the district or sub-division in which person
is confined.— Where any
person, for whose attendance an order as in this Part provided is made, is
confined in any district other than that in which the Court making or
countersigning the order is situate, the order shall be sent by the Court by
which it is made or countersigned to the [91][91][Sessions Judge or] Magistrate
within the local limits of whose jurisdiction the person is confined, and that [92][92][Court] shall
cause it to be delivered to the officer incharge of the prison in which the
person is confined.
39. Procedure where
removal is desired of person confined more than one hundred miles from place
where evidence is required.—
(1) Where a person is confined [93][93][* * *] in a prison more than one hundred miles distant from
the place where any Court, subordinate to a High Court, in which his evidence
is required, is held, the Judge or presiding officer of the Court in which the
evidence is so required shall, if he thinks that such person should be removed
under this Part for the purpose of giving evidence in such Court, and if the
prison is within the local limits of the appellate jurisdiction of the High
Court to which such Court is subordinate, apply in writing to the High Court,
and the High Court may, if it thinks fit, make an order in the form set forth
in the first schedule, directed to the officer incharge of the prison.
(2) The High Court making an order under
sub-section (1) shall send it to the [94][94][Sessions Judge or] Magistrate
within the local limits of whose jurisdiction the person named therein is
confined,
[95][95][* * *] and such [96][96][Court] [97][97][* * *] shall cause it to be delivered to the officer incharge of the prison in which the person is confined.
[95][95][* * *] and such [96][96][Court] [97][97][* * *] shall cause it to be delivered to the officer incharge of the prison in which the person is confined.
40. Persons confined
beyond limits of appellate jurisdiction of High Court.— Where a person is confined in a prison beyond the local
limits of the appellate jurisdiction of a High Court, any Judge of such Court
may, if he thinks that such person should be removed under this Part for the
purpose of answering a charge of an offence or of giving evidence in any
criminal matter in such Court or in any Court subordinate thereto; apply in
writing to the [98][98][Provincial Government] of the territories within which the
prison is situate, and the [99][99][Provincial Government] may, [100][100][* * *] direct that the person be so removed, subject to
such rules regulating the escort of prisoners as the [101][101][Provincial Government] may prescribe.
41. Prisoner to be
brought up.— Upon delivery of any order under
this Part to the officer incharge of the person in which the person named
therein is confined, that officer shall cause him to be taken to the Court in
which his attendance is required , so as to be present in the Court at the time
in such order mentioned, and shall cause him to be detained in custody in or
near the Court until he has been examined or until the Judge or presiding officer
of the Court authorises him to be taken back to the prison in which he was
confined.
42. Power to
Government to exempt certain prisoners from operation of this Part.— [102][102][* * *] The [103][103][Provincial Government] may, by notification in [104][104][* * *] the [105][105][Official Gazette], [106][106][* * *] direct that any person or any class of persons shall
not be removed from the prison in which he or they may be confined; and
thereupon, and so long as such notification remains in force, the provisions of
this Part, other than those contained in sections 44 to 46, shall not apply to
such person or class of persons.
43. Officer incharge
of prison when to abstain from carrying out order.— In any of the following cases, that is to say,—
(a) where the person named in any order made
under section 35, section 37 or section 39 appears to be, from sickness or
other infirmity, unfit to be removed, the officer incharge of the prison in
which he is confined, shall apply to the [107][107][Sessions Judge or] Magistrate
within the local limits of whose jurisdiction the prison is situate, and if
such [108][108][Court],
by writing under his hand, declares himself to be of opinion that the person
named in the order is, from sickness or other infirmity, unfit to be removed;
or
(b) where the person named in any such order is
under committal for trial; or
(c) where the person named in any such order is
under a remand pending trial or pending a preliminary investigation; or
(d) where the person named in any such order is
in custody for a period which would expire before the expiration of the time
required for removing him under this Part and for taking him back to the prison
in which he is confined;
the officer incharge of the prison shall abstain from
carrying out the order, and shall send to the Court from which the order has
been issued a statement of the reason for so abstaining;
Provided
that such officer as aforesaid shall not so abstain where—
(i) the order has been made under section 37; and
(ii) the person named in the order is confined
under committal for trial, or under a remand pending trial or pending a
preliminary investigation, and does not appear to be, from sickness or other
infirmity unfit to be removed; and
(iii) the place, where the evidence of the person
named in the order is required, is not more than five miles distant from the
prison in which he is confined.
Commissions for examination of prisoners
44. Commissions for
examination of prisoners.—
In any of the following cases, that is to say,—
(a) where it appears to any Civil Court that the
evidence of a person confined in any prison within the local limits of the
appellate jurisdiction of such Court, if it is a High Court, or if it is not a
High Court, then within the local limits of the appellate jurisdiction of the
High Court to which it is subordinate, who, for any of the causes mentioned in
section 42 or section 43, cannot be removed, is material in any matter pending
before it; or
(b) where it appears to any such Court as
aforesaid that the evidence of a person confined in any prison so situate and
more than ten miles distant from the place at which such Court is held, is
material in any such matter; or
(c) where the District Judge declines, under
section 36, to countersign an order for removal;
the Court may, if it thinks fit, issue a commission, under
the provisions of the Code of Civil Procedure[109][109], for the examination of the person in the prison in which
he is confined.
45. Commissions for
examination of prisoners beyond limits of appellate jurisdiction of High
Court.— Where it appears to a High Court
that the evidence of a person confined in a prison beyond the local limits of
its appellate jurisdiction is material in any civil matter pending before it or
before any Court subordinate to it, the High Court may, if it thinks fit, issue
a commission under the provisions of the Code of Civil Procedure[110][110], for the examination of the person in the prison in which
he is confined.
46. Commission
how to be directed.— Every commission for the examination of a person issued
under section 44 or section 45 shall be directed to the District Judge within
the local limits of whose jurisdiction the prison in which the person is
confined is situated, and the District Judge shall commit the execution of the
commission to the officer incharge of the prison, or to such other person as he
may think fit.
Service of process on prisoners
47. Process how
served on prisoners.—
When any process directed to any person confined in any prison is issued from
any Criminal or Revenue Court, it may be served by exhibiting to the officer
incharge of the prison the original of the process and depositing with him a
copy thereof.
48. Process served
to be transmitted at prisoner’s request.—
(1) Every officer incharge of a prison upon whom service is made under section
47 shall, as soon as may be, cause the copy of the process deposited with him
to be shown and explained to the person to whom it is directed, and shall
thereupon endorse upon the process and sign a certificate to the effect that such
person as aforesaid is confined in the prison under his charge and has been
shown and had explained to him a copy of the process.
(2) Such certificate as aforesaid shall be prima facie evidence of the service of
the process, and, if the person to whom the process is directed requests that
the copy shown and explained to him be sent to any other person and provides
the cost of sending it by post, the officer incharge of the prison shall cause
it to be so sent.
Miscellaneous
49. [Application
of Part in certain cases]. Omitted by the Adaptation of Central Acts and
Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule.
50. Deposit of
costs.— No order in any civil matter shall
be made by a Court under any of the provisions of this Part until the amount of
the costs and charges of the execution of such order (to be determined by the
Court) is deposited in such Court:
Provided
that, if upon any application for such order it appears to the Court to which
the application is made, that the applicant has not sufficient means to meet
the said costs and charges, the Court may pay the same out of any fund
applicable to the contingent expenses of such Court, and every sum so expended
may be recovered by the [111][111][Provincial Government] from any person ordered by the Court
to pay the same, as if it were costs in a suit recoverable under the [112][112]Code of Civil Procedure 1882.
51. Power to make
rules under this Part.—
(1) The [113][113][Provincial Government] [114][114][* * *] may make rules—
(a) for regulating the escort of prisoners to and
from Courts in which their attendance is required and for their custody during
the period of such attendance;
(b) for regulating the amount to be allowed for
the costs and charges of such escort; and
(c) for the guidance of officers in all other
matters connected with the enforcement of this Part.
(2) All rules made under sub-section (1)
shall be published in the [115][115][official Gazette] [116][116][* * *] and shall, from the date of such publication, have
the same force as if enacted by this Act.
52. Power to declare
who shall be deemed officer incharge of prison.— The [117][117][Provincial Government] may declare what officer shall, for
the purposes of this Part, be deemed to be the officer incharge of a prison.
53. [Repeals]
Repealed by the Repealing and Amending
Act, 1914 (X of 1914), section 3 and Schedule II.
THE FIRST SCHEDULE
(See
section 35 and 37)
Court of ___________________________________________________
To the officer incharge of the_________________________________
(state name of prison).
You are
hereby required to produce _________, now a prisoner in _________, under safe
and sure conduct before the Court of ________ at _______ on the ________ day of
__________ next by _________ of the clock in the forenoon of the same day,
there to give evidence in a matter now pending before the said Court, and after
the said _______ has then and there given his evidence before the said Court or
the said Court has dispensed with his further attendance, cause him to be
conveyed under safe and sure conduct back to the prison.
The ________________________ day of ___________________________
A.B.
(Countersigned) C.D.
THE SECOND SCHEDULE
(See
section 37)
Court of ___________________________________________________
To the officer incharge of the_________________________________
(state name of prison).
You are
hereby required to produce _________, now a prisoner in _________, under safe
and sure conduct before the Court of ________ at _______ on the ________ day of
__________ next by _________ of the clock in the forenoon of the same day,
there to answer a charge now pending before the said Court, and after such
charge has been disposed of or the said Court has dispensed with his further
attendance, cause him to be conveyed under safe and sure conduct back to the
said prison.
The ________________________ day of ___________________________
A.B.
(Countersigned) C.D.
[THE THIRD SCHEDULE]. Repealed by the Repealing and Amending
Act, 1914 (X of 1914), section 3 and Schedule II.
[1][1]For
statement of objects and reasons, see
Gazette of India, 1899, Pt. V, p. 101; for report of the Select Committee, see ibid., 1900, p. 23; for proceedings
in Council, see ibid., 1899, Pt. VI,
pp. 102 and 242; ibid., 1900, p. 21.
[2][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 original
sub-section (2) as amended by the Repealing and Amending Act, 1914 (X of 1914),
the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949),
and the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951).
[3][3]Sub-section
(3) repealed by the Repealing and Amending Act, 1914 (X of 1914), section 3 and
Schedule II.
[4][4]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[5][5]Substituted by the Adaptation of Central Acts and Ordinances Order, 1949
(G.G.O. 4 of 1949), Schedule, for the original heading “PRISONERS OUTSIDE THE
PRESIDENCY-TOWN”.
[7][7]Substituted
the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for “British India ”.
[8][8]The words
“and the [Federal Territory of Karachi],” omitted by the Central Adaptation of
Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule the words in
crotchets were substituted by the Repealing and Amending Ordinance, 1961 (I of
1961), section 3 and 2nd Schedule, for “Capital of the Federation”.
[9][9]The original
words, “Her Majesty, or of the Governor-general in Council, of any Local
Government”, have successively been amended 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 by the Central Laws
(Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 and Schedule (with effect
from the 23rd March, 1956), to read as above.
[10][10]Substituted
by the Punjab Laws (Adaptation) Order, 1974
(Pb. A. O. 1 of 1974), for “Central Government”.
[11][11]Inserted by
the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 and
Schedule (with effect from the 23rd March, 1956).
[12][12]The original
words, “the territories of any Native Prince or State in India”, have been
amended 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 the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of
1951), section 4 and III Schedule, to read as above.
[13][13]Substituted
by the Central Laws (Adaptation) Order, 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 “British
Government”.
[14][14]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[22][22]The original words, “the territories of any Native Prince or State in
India”, have been amended 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 the Federal Laws (Revision and Declaration)
Act, 1951 (XXVI of 1951), section 4 and III Schedule, to read as above.
[27][27]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 “British Government”.
[28][28]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[29][29]Substituted
by the Punjab Laws (Adaptation) Order, 1974
(Pb. A. O. 1 of 1974), for “Central Government”.
[30][30]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[31][31]Substituted
by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of
1949), Schedule, for “British Court ”.
[34][34]The words,
“and the [Federal Territory of Karachi]”, omitted by the Central Adaptation of
Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule. The words in
crotchets were substituted by the Repealing and Amending Ordinance, 1961 (I of
1961), section 3 and 2nd Schedule, for “Capital of the Federation”.
[38][38]The words,
“and the [Federal Territory of Karachi]”, omitted by the Central Adaptation of
Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule. The words in
crotchets were substituted by the Repealing and Amending Ordinance, 1961 (I of
1961), section 3 and 2nd Schedule, for “Capital of the Federation”.
[40][40]The words,
“and the [Federal Territory of Karachi]”, omitted by the Central Adaptation of
Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule. The words in
crotchets were substituted by the Repealing and Amending Ordinance, 1961 (I of
1961), section 3 and 2nd Schedule, for “Capital of the Federation”.
[42][42]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[43][43]Substituted
by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of
1949), Schedule, for “deemed to be a British Court
for the purposes of this section”.
[44][44]Substituted
by the Punjab Laws (Adaptation) Order, 1974
(Pb. A. O. 1 of 1974), for “Central Government”.
[45][45]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 “British Government”.
[46][46]The original
words, “by any Native Prince or State in India or by the G.G. in C.”, have been
successively amended 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, the
Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949),
Schedule and the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of
1951), section 4 and 3rd Schedule to read as above.
[47][47]Substituted
by the Punjab Laws (Adaptation) Order, 1974
(Pb. A. O. 1 of 1974), for “Central Government”.
[48][48]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 “British Government”.
[50][50]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[53][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 “British India or to any prison in Berar”. The words, “or to any
prison in Berar ” had been added by the
Prisoners (Amendment) Act, 1923 (XVII of 1923), section 2.
[54][54]Substituted
by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2 and
Schedule, for “any other Province”.
[64][64]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[66][66]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[71][71]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[73][73]Substituted
by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for “any other
Province”.
[74][74]The original
words “the territories of any Native Prince or State in India”, 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 Federal Laws (Revision and Declaration)
Act, 1951 (XXVI of 1951), section 4 and III Schedule, to read as above.
[75][75]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[77][77]Section 32
was re-numbered as sub-section (1) of that section by the Devolution Act, 1920
(XXXVIII of 1920), section 2 and Schedule I.
[78][78]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[79][79]Substituted
by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and Schedule I, for “British India ”.
[80][80]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[81][81]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[83][83]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[85][85]Substituted
by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for “any other
Province”.
[86][86]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[87][87]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 “Any Court
which is a High Court for the purposes of the Government of India Act, 1935”,
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 “Any court established under the Indian
High Courts Act, 1861”.
[88][88]Substituted
by the Central Laws (Adaptation) Order, 1961
(P.O. 1 of 1961), Article 2 and Schedule, for “Her Majesty” (with effect
from the 23rd March, 1956).
[89][89]The words,
“outside a Presidency Town ”, omitted by the
Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
[90][90]Substituted
for the words “District Magistrate” by the Prisoners (Punjab Amendment)
Ordinance, 2001 (XXXIX of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[93][93]The words,
“in a prison within a Presidency-town, or”, omitted by the Adaptation of
Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
[94][94]Substituted
for the words “District or Sub-divisional” by the Prisoners (Punjab Amendment)
Ordinance, 2001 (XXXIX of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[95][95]The words,
“or in the case of a person confined in a prison within a Presidency-town to
the Commissioner of Police”, omitted by the Adaptation of Central Acts and
Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule.
[96][96]Substituted for the word
“Magistrate” by the Prisoners (Punjab
Amendment) Ordinance, 2001 (XXXIX of 2001), which will remain in force
under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article
4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
[97][97]The words,
“or Commissioner”, omitted, by the Adaptation of Central Acts and Ordinances
Order, 1949 (G.G.O. 4 of 1949), Schedule.
[98][98]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[100][100]The words,
“if it thinks fit” deleted by the Prisoners (Punjab Amendment) Ordinance, 1984
(XXVIII of 1984).
[101][101]Substituted by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[102][102]The words
“the G.G. in C. or” repealed by the Devolution Act, 1920 (XXXVIII of 1920),
section 2 and Schedule I.
[103][103]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[104][104]The words
“the Gazette of India or” repealed by the Devolution Act, 1920 (XXXVIII of
1920), section 2 and Schedule I.
[105][105]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[106][106]The words
“as the case may be”, repealed by the Devolution Act, 1920 (XXXVIII of 1920),
section 2 and Schedule I.
[107][107]Substituted for the words
“District or Sub-divisional” by the Prisoners (Punjab Amendment) Ordinance,
2001 (XXXIX of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[111][111]Substituted by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[113][113]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[117][117]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
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