The provisions of the Indian Penal Code (45 of 1860), with the exception of Chapter VI, shall be applicable to all offences committed before first January, 1862, in territory which was, at the time of the commission of such offence, subject to the State Government of the Punjab:
Saving of privileges conferred on certain Chiefs. Provided that nothing contained in this section shall affect any privilege conferred on certain Chiefs in the Punjab by the Central Government, or by the Board of Administration for the affairs of the Punjab, nor any indemnity or pardon granted by competent authority.
10[39-A. Power to establish system of village-watchmen, and municipal-watchmen and to make rules. The State Government may establish a system of village-watchmen or municipal-watchmen in any part of the territories under its administration, and in furtherance of this object may, from time to time, make rules to provide for the following matters:
(a) the definition of the limits of watchmen's beats;
(b) the determination of the several grades of watchmen, and the number of each grade to be appointed to each beat;
(c) the appointment, suspension, dismissal and resignation of watchmen of each grade;
(d) the equipment and discipline of, and the control and supervision over, such watchmen;
(e) the conferring upon them, and the exercise by them, of any powers and the enjoyment by them of any protection or privilege, which may be exercised and enjoyed by a police-officer under any law for the time being in force;
(f) the performance by them of such duties relating to police, sanitation or statistics, or for the benefit of the village communities or municipalities within their respective beats, as the State Government thinks fit;
(g) the exercise of authority over, and the rendering of aid to, such watchmen by headmen of the villages or members of the Municipal Committees of the towns comprised in their respective beats;
(h) the performance, by the headmen of villages comprised in the beat of any watchmen, of any of the duties of a village-watchman in aid of, or substitution for, such watchman;
(i) the exercise, by such village-headmen for the purposes referred to in clauses (g) and (h), or by members of Municipal Committees for the purposes referred to in clause (g) of this section, of any of the powers, and the enjoyment by such headmen or members of any privilege or protection, of a village-watchman, or a municipal-watchman, as the case may be;
(j) the determination of the rate at which, and the mode in which, watchmen shall be paid, and, in the case of village-watchmen, of the mode in which their pay, the expenses of their equipment, and other charges connected with the village-watchman-system shall be provided for, whether out of cesses or funds already leviable or available in the villages comprised in the beat, or by a special tax in money or kind to be imposed on any class of persons residing or owning property in, or resorting to, such villages, or partly in one of these ways and partly in the other;
(k) the collection with or without the aid of the village-headmen, and by any process available for the realisation of the land-revenue, of any tax imposed under clause (j) of this section, and the application of, and the mode of accounting for, the same; and generally for
(l) the efficient working of the system of village-watchmen or municipal-watchmen:
Provided
first, that the rules to be made regarding the appointment of village-watchmen shall allow to the headmen of the villages comprised in the beat to which such a watchman is to be appointed a power of nomination to be exercised in such manner and subject to such reasonable conditions as may be prescribed by such rules;
secondly, that the rules to be made under clause (j) of this section with regard to village-watchmen shall include provisions for recording and securing due consideration of the views and opinions on the matters therein referred to of the headmen of the villages comprised in each beat.
39-B. Obligation to assist watchmen and headmen. Every person is bound to render to a village-watchman, or municipal watchman, or village-headman discharging the duties of a police-officer under the rules made hereunder, all the assistance which he is bound to render to a police-officer.
Person obstructing watchman or headman may be arrested without warrant. Any person who obstructs such watchman or headman in the discharge of such duties may be arrested without warrant by a police-officer or by any watchman or village-headman empowered in this behalf by the State Government.]
11[39-C. Power to direct local taxation for payment of police enrolled under Act 5 of 1861. Whenever it seems to the State Government expedient that the duties of watch-and-ward and other internal police-service of any town or village not comprised within the limits of a municipality or within the limits of a village-watchman's beat as defined under the power conferred by Section 39-A should be performed by police-officers enrolled under 12Act 5 of 1861, the State Government may direct that the said service shall be so performed, and may also 13[* * *] direct that the charges for the time being fixed by such Government on account of such service shall be defrayed by taxes to be levied in such town or village.
39-D. Notice of taxes proposed to be levied. When the State Government has, under Section 39-C, directed that taxes shall be levied in any town or village, the Deputy Commissioner may from time to time issue a public notice in such town or village explaining the nature of the taxes he proposes to levy.
Objections to taxation. Any inhabitant of such town or village objecting to the taxation thus proposed may, within fifteen days from the publication of such notice, send his objection in writing to the Deputy Commissioner.
Procedure thereon. After the expiry of fifteen days from the publication of the notice, the Deputy Commissioner may submit for the information of the State Government a report of the proposal made by him. Such report shall contain specific mention of the objections (if any) urged to his proposal and his opinion on such objections.
No such tax shall be levied until it has, upon such report, been approved by the State Government.
39-E. Power to fix rates of tax. When any such tax has been so approved by the State Government, the Deputy Commissioner may from time to time, subject to such rules consistent with this Act as the State Government may from time to time prescribe, determine the rates at which it is to be levied.
39-F. Power to make rules for collection of taxes. The State Government may from time to time make rules to provide for the collection of such taxes by any process available for the realisation of the land-revenue and to regulate the application and mode of accounting for the same.
39-G. Validation clause. [Repealed by the Amending Act, 1891 (12 of 1891).]
HONORARY POLICE-OFFICERS