Lists Of British Enactments In Force In Native States, Northern India 1891 Comprising The Native States In Bengal, Assam, Burma, The North-Western Provinces And The Panjab, the Native States Of Kashmir And Nepal, And The Native States in Baluchistan Corrected Up To The 20th May 1891

· 1891 · Public domain (published pre-1930) · archive.org ↗

194 [Part VI,

2CHAPTER V.—~DERA GHAZI KHAN FRONTIER TRACTS. APPENDIX— concluded.

3Notification applying enactments and arranging for administration of Criminal

4Justice—concluded.

5‘*(3) The word ‘class’ as used in sub-section (2) includes any persons who may be collectively

6described in a notification under, this section as persons exempt from the provisions of this

7Regulation.”

8(b) Section 2 and section 7, sub-section (2), shall be omitted.

9(c) For clause (2) of section 3 the following shall be substituted :—

10*¢(2) ‘Commissioner’ means the Commissioner of the Derajat Division ; and

11“(3) ‘Deputy Commissioner’ means the Deputy Commissioner of the Dera Ghazi Khan

12Distriot.”

13(d) For sub-section 1 of section 10 the following shall be substituted :—

14* When the Deputy Commissioner thinks it expedient that any dispute should be settled in the

15manner provided by this section, he may make an order in writing stating the grounds of his opi-

16nion and referring the dispute to a Council of Elders.”

17PART II.

18For the purposes of the exercise of Criminal Jurisdiction as regards the aforesaid tracts—

19(1) (a2) The Deputy Commissioner for the time being of the Dera Ghazi Khan District, as re-

20gards those tracts, shall exercise the powers of a District Magistrate as described in the Code of

21Criminal Procedure, and may try any offence or pass any sentence which a District Magistrate spe-

22cially empowered under section 30 of that Code may try or pass ; and

23(3) Every Magistrate having for the time being any jurisdiction within the Dera Ghazi Khan

24District shall exercise the like jurisdiction as regards those tracta :

25Provided that, if in any case in which the complainant (if any) and the acoused person or all

26the acoused persons are not British subjects, the Deputy Commissioner or any such Magistrate

27deems it expedient for political reasons to decline to exercise the powers so conferred on him, it

28shall be in his discretion to do so, subject to any direction which may be issued by the Commissioner

29of the Derajat Division or by the Lieutenant-Governor of the Panjab and its Dependencies.

30(2) The Commissionoe for the time being of the Derajat Division shall be the Sessions Judge

31and his Court the Court of Session, as regards the said tracts.

32(3) The functions of the High Court as a Court of Reference and Revision shall be discharged

33by the Lieutenant-Governor of the Panjab and ite Dependencies.

34(4) All other functions of the High Court shall be discharged by the Court of Seagion.

35(6) This Part of this Notification applies to all proceedings except proceedings against European

36British subjects or persons jointly charged with European British subjects.

37[See Gazette of India, 1889, Pt. I, p. 627.]