THE PUNJAB FRONTIER CROSSING REGULATION,
1873.
(REGULATION NO. VII OF 1873).
1[REGULATION VII of 1873.]
[punjab frontier crossing regulation, 1873].
(Published in the Gazette of India of 20th December, 1873,
p. 1014, and in the Punjab Gazette of 25th December, 1873,425)^.
p. 1014, and in the Punjab Gazette of 25th December, 1873,425)^.
whereas by a Resolution
passed by the Secretary of State in Council on the 6th day of October, 1870,
the provisions of the thirty-third of Victoria , chapter 3, section I, were
declared applicable to the Districts of Hazara, Peshawar, Kohat, Bannu, Dera
Ismail Khan and Dera Ghazi Khan.
And whereas the
Lieutenant Governor of the Punjab has proposed to the
Governor-General in Council a draft of the following
Regulation, together with the reasons for proposing tiie same;
And whereas the Governor-General in Council has taken such draft and reasons into consideration, and has approved of such draft, and the same has received the Governor-General 's assent;
And whereas the Governor-General in Council has taken such draft and reasons into consideration, and has approved of such draft, and the same has received the Governor-General 's assent;
In pursuance of the
direction contained in the said section, the said draft is now published in the
Gazette of India, and will be published to the Local Gazette,
and will thereupon have the force of law '•—
REGULATION.
1. (i) No person duly
warned in the manner hereinafter described shall pass out of British Territory
across the Frontier of the Districts of Hazara, Peshawar, Kohat, Bannu, Dera
Ismail Khan and Dera Ghazi Khan.
1.
Slior title 'The Punjab
Frontier Crossing Regulation, 1873,, see Notification No. 13, dated 11th
October, 1875, Gazette of India. 1875, Pt I p. 529.
1873: Act,
VH]
frontier crossing.
1[(2) No British subject
or subject of a State in India, and no inhabitant of any territory under His
Majesty's protection shall pass out of British Territory across the Frontier of
the Districts of Hazara, Peshawar, Kohat, Bannu and Dera Isniaii Khan with the
intention of proceeding into Afghanistan, unless he is in possession of—
(a)
a passport duly endorsed with
permission to cross that Frontier; or
(b) a pass
to cross that Frontier issued under the authority of the 2[Central
Government],
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Persons duly warned
not to cross Frontier warning addressed to individuals, a class or the
public.
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2. A
warning for the purpose of this Regulation, if addressed to an
individual, shall be in writing under the
hand of the 3[Provincial Government], or of the Magistrate
of the district, within which such individual dwells
or may be found, and shall be served upon him in such manner as the 4[Central
Government] may from time to time prescribe; if addressed to a class of
persons or to the public generally, the previous sanction of the
5[Central Government] must be obtained, and this warning shall be
notified s, in the '"[Official
Gazette], and be otherwise published in such manner as
may be directed by the 4[Central Government].
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Penalty for disobeying
warning.
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3. Whoever
disobeys, or attempts to disobey, or abets, xt,v of i860 within the
Meaning of the 7[Pakistan] Penal Code an other person in disobeying or
attempting to disobey 8[any prohibition] contained in the first section of
this Regulation shall be punishable with fine not exceeding five
hundred rupees:
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9[Provided that no proceeding shall be taken under this section against any
person in respect of any disobedience to the prohibition contained in
sub-section (2) of that section, save with the sanction of the authority
competent to issue the requisite passport or pass as the case may be].
The provisions of sections 64, 67, 68, 69 and 70 of the XLVo 7[Pakistan] Penal Code shall apply to all fines imposed under this section.
(1873: Reg: VTI. FRONTIER CROSSING.
The provisions of sections 64, 67, 68, 69 and 70 of the XLVo 7[Pakistan] Penal Code shall apply to all fines imposed under this section.
(1873: Reg: VTI. FRONTIER CROSSING.
4. If any person
disobeys, or attempt to disobey, or abets, within the meaning of the !
[Pakistan] Penal Code, another person in disobeying or attempting to disobey
2[any such prohibition], the 3[Central Government] may order him to remove to
4[such, place within the Punjab or the North-West Frontier Province] as the
-[Central Government] in each case directs.
5. If any person contravenes any such order, the 5[Provincial Government] or Magistrate of the district within which he is
dwelling or may be found may cause him to be apprehended and
detained in custody until he is released upon such conditions as
the 3 [Central Government] thinks fit.
6. If the 5[Provincial Government] or Magistrate of the district within which any person (whether an European British subject or not) is dwelling or may be found reasonably suspects that he intends to disobey 6[any prohibition applicable to him] contained in the first section of this Regulation, such '[Provincial Government] or Magistrate may require such security for his good behaviour for a period not exceeding six months, as the 7[Provincial Government] or Magistrate may seem sufficient.
The provisions of the 8[Code of Criminal Procedure, section 507 to 516 (both inclusive), shall apply, mutatis mutandis, to all cases under this section.
9[7. For the purpose of any proceeding under this Regulation in respect of any disobedience or attempted disobedience to a prohibition contained in sub-section (2) of section (1) it shall be presumed, until the contrary is proved, that the person crossing or attempting to cross the Frontier without a passport or pass was intending to proceed into Afghanistan].
5. If any person contravenes any such order, the 5[Provincial Government] or Magistrate of the district within which he is
dwelling or may be found may cause him to be apprehended and
detained in custody until he is released upon such conditions as
the 3 [Central Government] thinks fit.
6. If the 5[Provincial Government] or Magistrate of the district within which any person (whether an European British subject or not) is dwelling or may be found reasonably suspects that he intends to disobey 6[any prohibition applicable to him] contained in the first section of this Regulation, such '[Provincial Government] or Magistrate may require such security for his good behaviour for a period not exceeding six months, as the 7[Provincial Government] or Magistrate may seem sufficient.
The provisions of the 8[Code of Criminal Procedure, section 507 to 516 (both inclusive), shall apply, mutatis mutandis, to all cases under this section.
9[7. For the purpose of any proceeding under this Regulation in respect of any disobedience or attempted disobedience to a prohibition contained in sub-section (2) of section (1) it shall be presumed, until the contrary is proved, that the person crossing or attempting to cross the Frontier without a passport or pass was intending to proceed into Afghanistan].
1.
Subs, for the words
"Indian,, by (J.G. O. 4 of 1949, Art. 25. Sch.
2.
Subs. for the
words "the said prohibition,, by North.-West frontier Province Regulation
III of 1927. s. 4-
3. Subs, for "Local Government,. by A. O., 1937, Sch. XI.
4. Subs, for 'such place under the Government of the Lieutenant Governor of the Punjab by A. O., 1937.
5. suds, for the words • Chief Commissioner by A- O., 1937- which were previously subs, for the words 'Commissioner of the division,, by N. W. F. P., Regulation VII of 1901, sec, 3, Sch. I, Part II.
6. Subs, for the words 'the prohibition,, by North-West Frontier Province Regulation III ofl927, s. 5.
7. Subs, for the words "Chief Commissioner,, by A. O., 1937, which were Previously subs, for the words -'Commissioner,, by Reg. VII of 1901, s. 3. "Sch. I, Part II.
8. See now the Co 13 .,!' Criminal Procedure, 1898, (Act V of 1898).
9. inserted by North West Frontier Province Regulation 1 11 of 1927 s. 6.
3. Subs, for "Local Government,. by A. O., 1937, Sch. XI.
4. Subs, for 'such place under the Government of the Lieutenant Governor of the Punjab by A. O., 1937.
5. suds, for the words • Chief Commissioner by A- O., 1937- which were previously subs, for the words 'Commissioner of the division,, by N. W. F. P., Regulation VII of 1901, sec, 3, Sch. I, Part II.
6. Subs, for the words 'the prohibition,, by North-West Frontier Province Regulation III ofl927, s. 5.
7. Subs, for the words "Chief Commissioner,, by A. O., 1937, which were Previously subs, for the words -'Commissioner,, by Reg. VII of 1901, s. 3. "Sch. I, Part II.
8. See now the Co 13 .,!' Criminal Procedure, 1898, (Act V of 1898).
9. inserted by North West Frontier Province Regulation 1 11 of 1927 s. 6.
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