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ACCOMPANIMENT TO GOVERNMENT RESOLUTION, HOME DEPARTMENT

(Political), No- 555-H/37 dated the 7th May 1942.

         

In exercise of the powers conferred by section 20 of the criminal Tribes Act, 1942, Government are pleased to make the following to rule 47 of the Sindh criminal Tribes Rules, 1937, Published under Government notification No. 303-H (Political), dated the 27th January 1937:-----

(1) Add the following words at the end of sub rule (2) of rule 47:---

“The District Magistrate may at any time, for sufficient reason, re-register such person.”

 

(2) In sub-rule (3) of the rule insert the following words after the words “ his powers under this rule” :----

 

“except the power to re-register a person under sub-rule (2).”

 

 

 

Accompaniment to Government Resolution, General Department No. 303-H

Dated the 2nd, July 1941

*******

No. 242 of 1940

Office of the Advocate General of Sindh

Karachi, 2nd July- 1941

Returned with compliments

            Under section 10 (1) (b), the accused had notify any. Absence or intended absence from his residence in the manner prescribed by rules.
           

Section 20 empowers a provincial Government to make rules to carry out the purpose and objects of the act. The power to make rules is not limited to the purposes and objects referred to in sub-clauses (a) to (0), but is general as is clear from the words of clause 2 of section 20.

            In presence of this power the Government has made rule 16, paragraph (1) of which provides that a registered member has to notify his absence only if he intends to absence himself for one or more nights and this means that there is no obligation on him to notify his intended absence for any lesser period. It os not easy to understand why to explanation to the rule was added, but presumably it was intended to emphasize that absence during day time was not to be taken into account.

No inference can be drawn from this explanation that absence during any time, however short it may be, between the hours of 8 p.m. and sunrise would be breach of the rule, as such an inference would be inconsistent with paragraph (1) of the rule.

            I am therefore of opinion that the judgment of the learned judge is correct.

 

                                                                                    Sd/- Partabrai D. Punwani.

                                                                                    Advocat General for Sindh   

 

 

No. 6609/III/M.O.2

General Headquarters India

General Staff Branch,

New Delhi, the 22nd June 1942

To,

                        Headquarters,

                        North Western Army,             (20)

                        Eastern Army,                         (20)

                        Southern Army,          (20)

Central Command       (20)

 

1.      The chief Martial Law administrator in upper Sindh has represented that officers both individually and in parties, who have no specified duties in connection with upper Sindh force, are entering the Martial Law area both by the rail and road and carriying out reconnai ssance and moving about the area without his knowledge.

 

2.      It is represented that such individuals are running a great personal risk and, apart from danger to themselves may create situations which the chief Martial law administrator is anxious to avoid.

 

3.      Instructions should therefore be issued by commands/ Districts/ Other Headquarters concerned that any officers or parties entering the Martial Law area, with the sole exception or those in district trainst on duty by rail, must give prior notice to H.Q. upper Sindh Force, Hyderabad Sindh of:----

(a)    The date, time and place of arrival in the area.

(b)   The reason for which they have come

(c)    The route they propose to follow and the plases they intend to visit.

(d)   The duration of their stay in the area.    

 

4.      Any office or party which has been unable to give such adnance information will report their arrival from the railway station at which the enter the area and remain there until arrangements have been made for them. Individuals or parties entering by road will similarly report to the nearest Military Post for instructions.

5.      The deification of the Martial Law area is given in appendix “A”. this is liable to extension from time to time and all concerned are responsible for ascertaining to the nature of such extensions.

6.      An Indian Army order will shortly be issued on this subject.

7.      The contains of this memendourm is being brought to the notice of Provincal Government in respect of Civil Officers and to the Allied Authories concerned as regards personnel of Allied Forces in India.

 

 

Id/-

                                                                        For CHIEF OF THE GENERAL STAFF

 

     

 

 

 

Accompaniment to Government Resolution, Home Department (Proper), No. 303-H

Dated the 2nd, July 1941

*******

GOVERNMENT OF SINDH

Home Department (Proper)

Sindh Secretariat, Karachi, 2nd July- 1941

 

            No. 303-H – In exercise of the powers conferred by section 20 of the criminal Tribes Act, 1924, (VI of 1924), the Government of Sindh are pleased to make the following amendment in Sindh Criminal Tribes Rules, 1937, Published under Government Notification No. 303-H (Political) dated the 27th January 1937:-

For the words:-

            “For one or more nights”

Occurring in rule 16 (1) of the sindh criminal Tribes Rules,

Substitute the words.

            “Any night or part there of”

     And for the explanation to the afore said rule the following may be substituted:-

            “Explanation:- “ Night means the time between the hours of sunset and sun rise:.

 

 

 

                                                                        By order of his Excellency the Governor,

 

                                                                                                C.B.B CELL

                                                                        CHIEF SECRETARY TO GOVERNOR

 

 

                                                                                    Martial Law Area Sindh

                                                                                    Civil Officers- Movements of  in the

 

GOVERNMENT OF SINDH

Home Department (Special)

Resolution No. 174-H (S)

Sindh Secretariat, Karachi, 13th July 1942

 

            Letter No. 6609/III/G.S.M.O.2, dated the 3rd July 1942 from the Government of India, Defence Department (Army Branch):-

            “I am directed to forward for such action as may be considered necessary, a copy of General Headquarters memorandum No. 6609 / III/ M.O.2, dated the 22nd June 1942”.

            RESOLUTION:- A copy of the Government of India letter should be forwarded to the officers and Department addressed below for information and guidance.

 

 

                                                                        By order of the Governor of Sindh,

 

                                                                                    (C.B.B  CELL)

                                                                        Chief Secretary to Government

 

To,

o   The Inspector General of Police, Sindh

o   All District Magistrates

o   The Secretary to the Governor of Sindh

o   All Superintendents of Police, (Including Sindh C.I.D and Sindh Railways)

o   The Registrar Chief Court of Sindh

o   The Criminal Tribes Settlement Officer, Sindh, Sukkur

o   The Head of Departments

o   All department of the secretariat

·         Printed as an accompaniment to this Resolution

 

 

 

Memorandum No. S. C. R. 1973. Dated the 6th December 1940,

From the Inspector General of Police, Sindh

“Undersigned presents compliments to the Assistant Secretary to the Government of Sindh, Home Department and with reference to his No. 2372-H/40, dated the 29th October, 1940, on the Subject noted above, has the honour to state that according to rule 16 of the Sindh C.T Rules, 1937, a registered member of a criminal Tribe notified under Section 10(1) (b) has to notify his absence when he intends to absence himself from his resident for one or more nights. Absence for a period of less then a night without notification would not therefore, is a branch of the rule.

As “night” however has not been defined in the rule, it is suggested that the following addition be made at the end of the explanation to Rule 16:-

            “A night, in the rule, shall be the period between 8 p.m. and sunrise.”

            Letter No. C. T. Misc. 22/1841, dated the 26th November 1040, from the criminal Tribes Settlement Officer.

            “ With reference to your No. 2372-H/40, dated the 29th October 1940, I have the honour to stste that the stay of a Criminal Tribe member at his residence for the whole night is essitional in the interest of general Administration. The explanation to rule 16 read with the wordings of rule 22(iv) makes his intention quite clear. Therefore to remove this ambiguity in the exiting rule 16, the words “a portion or” may be added in the 3rd line of this rule after the word “for” and before the word”one”.

                                                ****************

RESOLUTION:-  1. The accompanying Notification should be published in the Sindh Government Gazette.

2. The oriental Translator to Government should be requested to translate the Notification into Sindhi and forward the translation to the Publisher, Sindh Government Gazette, for publication in the Gazette,

 

                                                                        By order of his Excellency the Governor, 

                                                                                                C.B.B Cell

                                                                                    Chief Secretary to Government

G.R., H.D (Poll), No. 303-H Dated the 2nd July 1941.

To,

o   The Inspector General of Police, Sindh

o   All District Magistrates

o   All District Superintendents

o   All Superintendents of Police, Sindh

o   The Oriental Translator to Government of Sindh

o   The Publisher, Sindh Government Gazette.

 

 

Recommendations of the

Reorganization committee

Train Escorts

----***----

GOVERNMENT OF SINDH

Home Department

Resolution No.869-H/38(II)

Sindh secretariat,

Karachi, 5th May 1941.

 

Read paragraph 173(4) of the Report of the Reorganization committee regarding Police-escorts in passenger trains.

         

Letter No.3607, dated the 19th April, from the inspector General of Police, Sindh.

         

           “In continuation of my letter No.2528, dated the 18th March1939, on the subject noted above, I have the honour to report that in order that there should be two men on duty with each passanger train, the no of men required will be 60,

 

          8 men                                                                   10 Dn./101 up.

        Kotri to Karachi                                                    192 Dn./ 0 up.

        Karachi to kotri                                                     8 Dn./ 191 up. And

                                                                                      52 Dn./7 up.

          8 men

Hyderabad to Padidan                                                   19 up/ 192 Dn

Padidan to hayderabad                                                  9 up/ 8 Dn

                                                                                     191 up/ 8 Dn

                                                                                      7 up/ 20 Dn

        8 men at sakrand

Travelling with trains on                                              497 up/ 475 up

freedom lines                                                                 289 up/ 473 Dn

                                                                                       287 up/ 498 Dn

                                                                                       290 Dn

                                                                                       498 Dn / 497 up

         

8 men                                                                   191 up/ 8 Dn

Padidan to Rohri                                                  19 up / 10 Dn

Rohri to Padidan                                                  7 up / 192 Dn

                                                                             9 up / 20 Dn

 

          8 men

Sukkur to Reti                                                     10 Dn / 8 Dn

Rahimyarkhan or                                                 7 up / 9 up

Khanpur, to Ruk and                                             50 Dn / 20 Dn

Rohri and Back                                                      91 up / 191 up

                                                                               102 Dn

                                                                             192 Dn./ 92 Dn

                                                                             101 Up / 49 up

                                                                             19 up

                                                                             53 Up / 9 Up / 49 Up

                                                                             48 Dn / 10 Dn / 54 Dn

 

 

         

8 men                                                                   52 Dn and return by 195

Ruk to Dadu and                                                           the next day

To Dodapur and back                                                    174 Dn / 51 up

                                                                             92 Dn / 173 up & 174 Dn

                                                                             From Ruk to Larkana and by

                                                                             481 up  upto Dodapur.

                                                                             (Narrow angle line) return

                                                                             From Dodapur by 482 Dn  to

                                                                             Larkana and thence by 135

                                                                             Up to Ruk.

 

          8 men

Jacobabad to Ruk                                                10 Dn./   52 Dn

Ruk to Jacobabad                                                191 up./ 53 Up

                                                                             54 Dn.  /  192 Dn

                                                                             173 up     9 up

 

          4 men
Dadu to Kotri                                                                174 Dn. / 173 up

Kotri to dadu                                                                 52 Dn. /   9 up

 

          4 men

Jodhpur Railway                                                  48 Dn. / 61 up

                                                                             10Dn . / 47 up

___________________

60 men     Total

___________________

 

          The number of men at present employed on this city in 32 men. The number of additional men that would be required is 32 inclusive of 15 percent. Reserve on 28 (60 - 32).

         

Read Government Memorandum, Home Department, No.869/2 dated the first August 1940, the Inspector General of Police Sindh.

 

Read letter No. 10696 dated the 11th September from Inspector General of Police Sindh.

 

Letter No. 1135, dated the 1st February 1941, from Inspector General of Police Sindh.

 

“ I have the honour to forward herewith, in continued of my letter No.10696, dated the 11th September 1940, of the S.P, Sindh Railway

‘ Letter No.142, dated 8/10 in which has asked for an additional staff of 9 men in addition to the number, viz: 32, originally proposed in my letter No. 3607, dated the 19th April, 1939. These men were not included in the original proposals as the following lines have been subsequently opened:-

(1) Khanro – Nawabshah.

(2) Dodapur – Jacobabad.

I would, therefore, request that Government be moved to sanction the entertainment of 41 men in all, including the 15% reserve.

 

         

The cost statement is attached.”

 

1.     RESOLUTION:-  Government are pleased to sanction the entertainment of 41 additional constables including 5 constables are sick and leave reserve, for escort duty in passenger train inn Sindh.

 

2.     Sanction is also accorded to the incurring of an expenditure not exceeding Rs. 3075 (Rupees Three Thousand and seventy five).

 

3.     The Inspector General of Police should be requested to point out the source from which the extra expenditure will be met.

 

 

By order of His Excellency the Governor,

 

     S.H. Raza

                   Deputy Secretary to Government

G.R., II S.Nc.869-H/38 (II),              Dated the 5th May 1941

 

To,

o   The Inspector General of Police, Sindh

o   All District Magistrates

o   All District Superintendents

o   All Superintendents of Police, Sindh Railways

o   The General Manager, North western Railways, Lahore

o   The General Manager, J. B Railways, Jodhpur

o   The finance Department (Consulted)

o   The comptroller, Sindh (through Finance Department)

 

 

 

SINDH CRIMINAL TRIBES RULES, 1937

Amendment of rule 16 (1) of the---

 

                                 GOVERNMENT OF SINDH

                                                                        HOME DEPARTMENT (Political)

                                                                        Resolution No.303-H,

                                                                        KARACHI, 2nd July 1941.

 

            Government memorandum, Home department (Political), No. 2372-H/40, dated the 29th October 1940.

            “The undersigned presents compliments to the Inspector General of Police”, 

            Criminal Tribes settlements officer, and is directed to state one. Haji Hayat son of Gulsher, a member of the criminal Tribe residing in the Thar Parker District, was cancelled under setion 22(2) (a) of the criminal tribe act, 1942, as he was found absent by the police on the night of 3rd february 1040 at 10:00 p.m. in contravention of the provisions of rules, 1937. He was convicted by the sindh criminal Tribes rules, 1937. He was convicted by the lower court but was acquitted in appeal by the sessions court. The session Judge remarking as under:-

1.                  “ According to my opinion, the words absence from his residence in this clause ( Section 10 – 1- b of the act) imply absence for at least some time A day or at least some hour it does not mean that the appellant could not go out of his house and absence him self from his house for a few hours.

2.      The district magistrate at the instance of the police moved Giovernment to perfor an appeal against the acquittal orders of the sessions judge rolying on the explanation to rule 16.

3.      In consultation with the Advocate General, Government have come to the conclusion that temporary absent for an hour or two during the night does not infrings the conditions specified in section 10 (1) (b) of the act. At the same this there seems to be some ambiguity about the explation to rule 16 of the rules but the explation does not suggest that temporary absence for even shoprt period is not permissible during the night.* A copy of the opinion expressed by the advocate General is enclosed.

4.      The Inspector General of Police is criminal tribes settlement officers now requested to express his opnion weather he considers it necessary to make any amendment to rule 16, read with the explanation to that rule, in order to remove the exiting ambigulity, and , if so submit the necessary draft moment.     

 

 

TO BE PUBLISHED IN THE SINDH GOVERNMENT GAZETTE PART

(EXTRA ORDINARY)

                                 GOVERNMENT OF SINDH

                                                          HOME DEPARTMENT (SPECIAL)

                                                          SINDH SECRETARIATS

                                                          KARACHI, 29th April 1941.

 

NOTIFICATION

No. P.A. 138       

                   In exercise for the power conferred by clause (c) of sub rule (1) of rule 40 of the defence of india rules made under section 2 of the defence defecne of India Act. 1939, the Governor of sindh hereby declares to be forbitted to his Majesty all copies, where ever found all the leaf let printed in Urdu entitled “ Pakistan ya Islamabad” purported to have been issued by Muhammad Yousif Yakub of chakirwara, Liyara quarter, Karachi, and printed at the fine art latho works, New Chali Karachi and all other documents containing remits, copies or translations or extracts from, the said leaflet in as much as the said leaflet constitutes a “ prejudicial with in the meeting of rule 34 (7) read Rule 34 (6) (f) the said rules.

 

                                                By order of  His Excellency the Governor

 

                                                 Deputy Secretary of the Government of Sindh,

To,

The Publisher, Sindh Government Gazette, who is requested to supply five copies of the notification to Home Department (Special)

The Inspector General of Police, Sindh

All District Magistrates, (Larkana)

All District Superintendents of Police

  The Superintendents of Police, Sindh C. I. D

The oriental Translator the Government of Sindh

 

 

Sindh Criminal Tril

                                    Amendments in it

GOVERNMENT OF SINDH

Home department (Political)

Resolution No. 555-H /37

Sindh Secretaries Karachi, 7th May 1942

Read-----

            Government Resolution, Home Department, No 555-/H (37) dated the 2nd March 1942; and

1.      Letter No 15, dated the 2nd April 1942, from the criminal Tribes settlement Officer, Sindh, Sukkur (Mr. Inayatullah M. Shaikh).

RESOLUTION:--- The accompanying notification should be published in Sindh Government Gazette.

2.      The Oriental Translator to Government should be requested to translate the notification into Sindhi and the Translation to the Publisher, Sindh Government Gazette, for publication in the Sindh Government Gazette.

 

 

By order of His Excellency Governor,

 

 

                  C.   B.   B.    CELL,

      Chief Secretary to Government

 

 

To,

The inspector General of Police, Sindh

All Disterict Magastraite

All superindents of Police

 The oriental teranslator to Government

The Superidentant Government Printing and Stationary, Sindh

The Crimainal Tribes Settlement officer, Sindh

 

 

                                                                                                            Prisoners

                                                                                      Premature release of with a

                                                                                      Relieving over crowing

GOVERNMENT OF SINDH

HOME DEPARTMENT

RESOLUTION NO, 2154-H / 40 (IV)

Sindh Secretariat Karachi, 22nd June, 1942

Read correspondence ending white unofficial reference No. 35, dated the 8th June 1942.

 RESOLUTION:---- In exercise of the powers conferred by section 401, criminal Procedures code, Govt: are placed to remit the unexpired portions of the sentence imposed upon the prisoners named in the accompanying list* and to direct that the prisoners should be released unconditionally from the prisoners concerned, under intimation to Government, Subject to the condition that such prisoners as are also sentenced to the should be released only after they have paid such fine in full. 

 

 

 

                                                                             By order of the Governor of Sindh,

                                                                                     

                                                                                           C.B.B Cell

                                                                                 Chief Secretary to Government

 

To,

The Chief Administrator, Marital Law Hyderabad (Consulted)

The Inspector General of Police, Sindh

The Inspector General of Prisons, Sindh

All District Magistrates

 All Superintendents of Police

All Superintendents of prisons

Accompaniment to Government Resolution, Home Department

No. 2154-H/40 (IV), dated 22nd June 1942.

Central Prison, Hyderabad


 


  S .No:                 Name:        

  S .No:                 Name:                               


1.      Muhammad Ali son of Kauro

2.     Budho so of satardino

3.     Jan Muhammad Son of Mir

4.     Ismail son of Alam

5.     Hira alais Hari alias Ghulam Rasool so of Tikam

6.      Hasul son of wahid Buksh

7.      Faizu son of sian dad

8.      Pario so of Sulleman

9.      Jail son of salih

10.                         Alu son of sultan

11.                         Sahibdino son of Ahdi

12.                         Makhi son of Walidad

13.                         Ali buksh son of Mughim

14.                         Muhammad waris son of Gosh Bulsh

15.                         Hamir son of Shabu

16.                         Nuroo son of Hayat

17.                         Sarang son of Jaro

18.                         Illahi Bux Son of Ramzan

19.                         Manoo son of jalan

20.                        Hassan son of Pirandito

21.                         Miro son of saro

22.                         Morio alias waris son of Tooh alias ismail

23.                         Bachal alis bacho son of Budho

24.                         Badal son of kamil

25.                         Muhammad son of jalaldino

26.                         Abdullah Achar

27.                         Shahil khan

28.                         Kamal son of Karim Buksh

29.                         Azizullah Sajan

30.                         Suhrab son of Bahadur

31.                         Wali Muhammad Murad

32.                         Piyaro son of Imam Buksh

33.                         Piyaro son of souzali

34.                         Jamal son of Gharam

35.                        Jaro son of Chibhar

36.                         Jumo son of Miran

37.                         Bajbi son of Aligul

38.                         Muhammad son of lukman

39.                         Shano alis shan Muhammad son of Khair Buksh

40.                         Laldino son of Molidino

41.                         Gulahair son of Mizar

42.                         Jawhar Sulak

43.                         Nibal Allahdino

44.                         Wahid Buksh alis wadho son of Bakhshoo

45.                         Minhan Malang son of Chibhar

46.                         Faiz Muhammad son of Subbat

47.                         Muhammad son of Ismail

48.                         Ghulam son of Mahi

49.                         Haji son of jhugo

50.                         Sahibdino son of Usman

51.                         Abdullah Son of Sahibdino

52.                         Jano son of Bingo

53.                         Punhun Nathram

54.                         Urs son of Manthar

55.                         Jiwan son of Bhagwano

56.                         Ahmed son of jando

57.                         Mahwal son of Jan

58.                         Lukman son of Nangar

59.                         Shamo son of Ghul;am Muhammad

60.                         Khairo son of Haji

61.                         Alim son of Ramzan

62.                         Sardar Khan Sher Muhammad Khan

63.                         Shahzado son of Khudaddad khan

64.                         Morio son of Allahdino

65.                         Silu son of Jumo

66.                         Hussain son of Yaqoob

67.                         Wali Muhammad son of Muhammad Ali

68.                        Jain son of Arab 

69.                         Husain Buksh son of Nindo khan

70.                         Sajan son of Rahu

71.                         Allahdino son of Badal

72.                         Sanghar son of Sanwan

73.                         Reow son of Sahijumal

74.                         Jalu son of Baksh

75.                         Urs son of Achar

76.                         Mataro son of Kaim

77.                          Baksho son of Yousif

78.                         Idali son of Zulfkar

79.                         Aut alis Atta Muhammad son of Ali Muhammad

80.                         Sachu Ishak alias Ahsan

81.                         Chelo son of Hemraj

82.                         Karim Buksh Umed Ali

83.                         Kouro son of jetho

84.                         Manghan son of Pamo

85.                         

86.                         

87.                         

88.                         

89.                         

90.                         

 

 

 


The Sindh Government Gazette

PUBLISHED BY AUTHORITY

 

_____________________________________________________________________________
KARACHI, THURSDAY, MAY, 24th 1945.

Separate pages are given to this part in order that it may be field as a separate compilation.

PART IV

Government of Sindh

Legal Department

Sindh Secretariat, Karachi, 21st May 1945.

[To be translated in Sindhi.]

 

No. S.-18-L. / 44/XV ---- The following Act of the Sindh legislature, having been assented to by the Governor General on the 9th May, 1945, is hereby published for General information.

 

                                                                                                            H. B HINGORANI

                                                                                                     Deputy Secretary to Government

 

Sindh Act No. XI of 1945

                    (First published after having received the assent of the Governor General, in the Sindh Government gazette of the 24th May 1945.)

 

An Act further to amend expident further to damend the Sindh Suppression of Hur outrages Act 1942 (Sindh 1 of 1942), for the purpose hereinafter appearing it is hereby enacted as folloes:---

 

1.      Short title:--- This Act may be called the Sindh suppression of Hur outrages (Second Amendment) Act 1945.

2.      Amendment of preamble to Sindh Act I of 1942---- In the preamble to the Sindh Suppression of Hur outages Act, 1942 (Sindh I of 1942), hereinafter called the said Act, after the word “trial” the words “and punishment” shall be inserted,

3.      Amendment of section 2of Sindh Act I of 1942--- In section 2 of the said Act, for clause 2 (b) the following shall be substituted, namely:----

“(b)” “Hur” means a person-----

(i)         Who was at the commencement of the Sindh suppression of Hur ourtages (Second Amendement) Act, 1945 registered as a member of the criminal tribe of Hurs or Lurs under the provisions of the criminal tribes Act, 1924 (VI of 1924);

(ii)       Whose name is entered in the register maintained under section 2A/”

4.      Insertion of new section 2A---After section 2 of the said Act, the following new section shall be incerted namely:---

L(IV) 410 IV—33

“2A. (1) An officer not below the rank of a Sub-Divisional Magistrate Special register of specially empowered by the Provisional Governemnt in this Hurs and Lars behalf shall keep and maintain a register in which shall be entered the names of all members of the criminal tribe of Hurs and Lurs resident in the province of Sindh other than those referred to in sub-clause (i) of clause (b) of section 2.

 

(2) before entering the names of any person in the register such officer shall give notice to such person calling upon him to show cause why his name should not be so entered.

 

(3) Every such notice shall be served in the manner laid down in sections 69 to 71 of such person calling upon him to show cause why his name should not be so entered.

 

(4) If such officer is satisfied, after making such inquiry  as he deems fit,

(a) that such person has been served with the notice or, where the notice has not been served, that the notice could not, in spite of all due and reasonable diligence, be served on him, and

(b) That his name should be added to the register,

 He shall enter his name in the register.”

5.      Amendment of section 17 of Sindh Act I of 1942---- In section 4 of the said Act, sub-section (I) and (6) shall be omitted.

6.      Amendment of section 17 of Sindh Act I of 1942--- for subsection (4) of section 17 of  the said act the following shall be substituted namely:---

“(4) The Provisional Government may, by General or special order, transfer a case from one Special Tribual to another Special Tribunal or a case which is triable by a special Tribunal from any criminal court, not being the High court, to a special Tribunal.”

7.      Amendment of section 23 of Sindh Act I of 1942--- In section 23 of the said Act, for the words “ for determining the question of guilt or innocence” the words “ to the trial and punishment” shall be substituted.

8.      Incretion of new section 23 A in Sindh Act I of 1942---- After section 23 of the said Act the following new section shall be inserted, namely:---

        23A Not with standing anything contained in section 234 “Joinder of the code, officers punishable under section 395, 369, 397, and 398 of the Indian Penal code (XLV of 1860) shall be deemed to be of the same kind for the purpose and within the meaning of that section.”

9.      Incretion of new Chapter IIA in Sindh of 1942- After section 23A as so incerted, the following heading and section shall be inserted namely:---

 

CHAPTER IIIA

Enhanced Penalties

        23B. Whoever commits as offence punishable under section 397 of the Indian Penal Code (XLV of I 860) by using any deadly weapon and the deadly weapon used is a fire arm may in lieu of any punishment to which he is liable under the said code, be punished with death.”

10.  Incretion of new section 24A and 24B in Sindh Act I of 1942---After section 24 of the said Act, the following new sections shall be inserted namely:----

       

24A. (1) The High Court or any Session Judge may call for and examine the record of any proceedings before a Magistrate or a Special Judscdiction in which an order has been passed under section 5, or an order of discharge has been passed under section 253 of the code, for the purpose of satisfying itself or himself as to the correctness, legality or propriety of such order.

 

(2) On examining any record undersub section (I) or otherwise, High Court or the Sessions Judge may set as code such order and may-----

 

(a) Where an order has been passed under section5, direct the District Magistraite by himself or by any of the Magistraite subordinate to him to make further enquiry into the matter;

(b) Where as order has been passed under section 253 of the code, direct the special Tribunal trying the case or any other special Tribunal to make further enquiry into the matter;

        Provided that no direction under this sub section for further enquiry shall be made unless the person concerned has had an opportunity of showing cause why such a direction should not be made.

 

(3) The powers execriable under sub section (1) and (2) with respect to any proceddings of a Magistraite under Chapter II of this Act may be exercised also by the District Magistrate to whom such Magistrate is sub-IV-34        

       

 

 

 

 

 

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