Mar 11, 2008

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 Repealed by the Repealing and Amending Act, 1914 (X of 1914), section 3 and Schedule II.

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.

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).

Sub-section (3) repealed by the Repealing and Amending Act, 1914 (X of 1914), section 3 and Schedule II.

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 “Local Government”.

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”.

The words “outside the Presidency-towns”, omitted, ibid.

Substituted the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for “British India”.

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”.

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.

Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.

Inserted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 and Schedule (with effect from the 23rd March, 1956).

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.

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”.

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 “by the Native Prince or State”.

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 “the Governor-General in Council”.

Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974) for “Central Government”.

The words, “in British India or” repealed, ibid.

The words, “of British India”, omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule

The words, “the Governor-General in Council or”, repealed 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.

Substituted ibid., for “Local Government”.

The words, “as the case may be”, repealed, ibid.

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.

The words, “the Governor-General in Council or”, repealed 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.

Substituted ibid., for “Local Government”.

Inserted ibid.

Substituted ibid., for “Native Prince”.

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”.

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 “the G.G. in C”.

Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.

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 “Local Government”.

Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, for “British Court”.

Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.

Substituted the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3 (2) and 4, for “British India”.

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”.

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 “the G.G. in C”.

Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2, for “Crown” (with effect from the 23rd March, 1956).

Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for “British India”.

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”.

Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for “British India”.

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”.

V of 1898.

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 “shall be such as the G.G. in C. or a L.G. authorised by the G.G. in C. in this behalf”.

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”.

Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.

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”.

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.

Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.

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”.

Substituted by the Amending Act, 1903 (I of 1903), section 3 and Schedule II.

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 “G.G. in C”.

The word “or”, deleted by Notification No: Prs. I (M) 1572, dated 6th July, 1977.

Added ibid.

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.

Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule, for “any other Province”.

Added by the Prisoners (Amendment) Ordinance, 1942 (XV of 1942).

Now ‘Federal Government’, see P.O. 4 of 1975.

Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), for “by him or under his authority”.

Substituted by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), section 4 and III Schedule, for “India”.

Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962).

Added by Act XVII of 1953.

Now “Federal Government” see P.O. 4 of 1975.

Ibid.

The words “where such other prison is situated in a Province not being a Chief Commissioner’s Province”, omitted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule.

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 “Local Government”.

Ibid.

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 “Local Government”.

Ibid.

Ibid.

XXXVI of 1858.

Substituted by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and Schedule I.

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 “Local Government”.

Ibid.

Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for “any other Province”.

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.

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 “Local Government”.

Substituted, ibid., for “such Native Prince or State”,

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.

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 “Local Government”.

Substituted by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and Schedule I, for “British India”.

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 “Local Government”.

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 “Local Government”.

Inserted by the Devolution Act, 1920 (XXXVIII of 1920) section 2 and Schedule I.

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 “Local Government”.

Ibid.

Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for “any other Province”.

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 “Local Government”.

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”.

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).

The words, “outside a Presidency Town”, omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).

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.

Ibid., for the words “District or Sub-divisional”.

Ibid., for the word “Magistrate”.

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).

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.

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.

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.

The words, “or Commissioner”, omitted, by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule.

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 “Local Government”.

Ibid.

The words, “if it thinks fit” deleted by the Prisoners (Punjab Amendment) Ordinance, 1984 (XXVIII of 1984).

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 “G.G. in C”.

The words “the G.G. in C. or” repealed by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and Schedule I.

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 “Local Government”.

The words “the Gazette of India or” repealed by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and Schedule I.

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 “local official Gazette”.

The words “as the case may be”, repealed by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and Schedule I.

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.

Ibid., for the word “Magistrate”.

XIV of 1882, subsequently replaced by the Code of Civil Procedure 1908 (V of 1908).

Ibid.

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 “Govt”.

Now the Code of Civil Procedure, 1908 (V of 1908).

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 “Local Government”.

The words, “and in cases arising under section 40, the G.G. in C”., repealed ibid.

Substituted ibid., for “local official Gazette”.

The words, “or the Gazette of India, as the case may be”, repealed, ibid.

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 “Local Government”.