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Download PDF file - Human Rights Commission of Pakistan

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The Police Act, 1861 149that such injury as aforesaid had arisen from a riot or unlawful assembly within such area, and that the person whosuffered the injury was himself free from blame in respect <strong>of</strong> the occurrences which led to such injury.(3) It shall be lawful for the Provincial Government, by order, to exempt any persons or class or section <strong>of</strong> such inhabitantsfrom liability to pay any portion <strong>of</strong> such compensation.(4) Every declaration or assessment made or order passed by the Magistrate <strong>of</strong> the district under subsection (2) shallbe subject to revision by the <strong>Commission</strong>er <strong>of</strong> the Division or the Pro-vincial Government, but save as aforesaid shall befinal.(5) No civil suit shall be maintainable in respect <strong>of</strong> any in-jury for which compensation has been awarded under thissec-tion.(6) Explanation. In this section the word “inhabitants” shall have the same meaning as in the last preceding section.18 Section 16 was substituted by The Police (Amendment) Order (XII <strong>of</strong> 2001) dated 13-08-2001. It read as: 16. Recovery <strong>of</strong>moneys payable under sections 13, 14, 15 and 15A, and disposal <strong>of</strong> same when recovered:- (1) All moneys payable undersections 13, 14, 15 and 15A shall be recoverable by the Magistrate <strong>of</strong> the district in the manner provided by sections 386and 387 <strong>of</strong> the Code <strong>of</strong> Criminal Procedure, 1882, for the recovery <strong>of</strong> fines, or by suit in any com-petent Court.(2) Repealed by A. O. 1937.(3) All moneys paid or recovered under section 15A shall be paid by the Magistrate <strong>of</strong> the district to the persons towhom and in the proportions in which the same are payable under that sec-tion.19 Word “Magistrate” substituted by the Police (Amendment) Order, 2001 (7 <strong>of</strong> 2001) dated 13-08-2001.20 Words “and the Magistrate to whom such application is made shall, unless he sees cause to the contrary, comply withthe application” were omitted by the Police (Amendment) Order, 2001 (7 <strong>of</strong> 2001) dated 13-08-2001.21 19. Refusal to serve as special police-<strong>of</strong>ficers:- If any person being appointed a special police <strong>of</strong>ficer as aforesaidshall without sufficient excuse, neglect or refuse to serve as such, or to obey such lawful order or direction asmay be given to him for the performance <strong>of</strong> his duties, he shall be liable, upon conviction before a Magistrate, toa fine not exceeding fifty rupees for every such neglect, refusal or disobedience.22 Before repeal it read as: 21. Village police-<strong>of</strong>ficers:- Nothing in this Act shall affect any hereditary or other village police<strong>of</strong>ficer,unless such <strong>of</strong>ficer shall be enrolled as a police<strong>of</strong>ficer under this Act. When so enrolled, such <strong>of</strong>ficer shall bebound by the provisions <strong>of</strong> the last preceding section. No hereditary or other village police-<strong>of</strong>ficer shall be enrolledwithout his consent and the consent <strong>of</strong> those who have the right <strong>of</strong> nomination.Police chaukidars in the East <strong>Pakistan</strong>:- If any police<strong>of</strong>ficer appointed under Act XX <strong>of</strong> 1856 (to make better provision forthe appointment and maintenance <strong>of</strong> Policechaukidars in Cities, Towns, Stations, Suburbs and Bazars in [East <strong>Pakistan</strong>]is employed out <strong>of</strong> the district for which he shall have been appointed under that Act, he shall not be paid out <strong>of</strong> the rateslevied under the said Act for that district.23 Section 25 was substituted by The Police (Amendment) Order, 2001 (7 <strong>of</strong> 2001) dated 13-08-2001.previously, it read: 25.Police-<strong>of</strong>ficers to take charge <strong>of</strong> unclaimed property and be subject to Magistrate’s orders as to disposal:- It shall be theduty <strong>of</strong> every police<strong>of</strong>ficer to take charge <strong>of</strong> all unclaimed property, and to furnish an inventory there<strong>of</strong> to the Magistrate<strong>of</strong> the district.The police<strong>of</strong>ficers shall be guided as to the disposal <strong>of</strong> such property by such orders as they shall receive from theMagistrate <strong>of</strong> the district.24 Word “Magistrate” substituted by The Police (Amendment) Order, 2001 (7 <strong>of</strong> 2001) dated 13-08-2001.25 Ibid.26 Words “one month” substituted by “six months” vide Ordinance III <strong>of</strong> 194827 Sub-section 2 under section 26 was added by the Police (Amendment) Act, 1895 (8 <strong>of</strong> 1895). The Code <strong>of</strong> CriminalProcedure, 1882 was replaced by Code <strong>of</strong> Criminal Procedure, 1898. Section 525 <strong>of</strong> the Code empowers magistrates todispose <strong>of</strong> perishable property.

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