REGULATION NO. VII OF 1873
Whereas by a Resolution passed by the Secretary of State in Council on the 6th day of October, 1870, the provisions of the thirty-third of Victoria , chapter 3, section I, were declared appli¬cable to the Districts of Hazara, Peshawar, Kohat, Bannu, Dera Ismail Khan and Dera Ghazi Khan.
And whereas the Lieutenant Governor of the Punjab has proposed to the Governor-General in Council a draft of the following Regulation, together with the reasons for proposing the same;
And whereas the Governor-General in Council has taken such draft and reasons into consideration, and has approved of such draft, and the same has received the Governor-General ‘s assent;
In pursuance of the direction contained in the said section, the said draft is now published in the Gazette of India, and will be published to the Local Gazette, and will thereupon have the force of law ‘•—
1. Slior title ‘The Punjab Frontier Crossing Regulation, 1873, see Notification No. 13, dated 11th October, 1875, Gazette of India. 1875, Pt I p. 529.
(2) No British subject or subject of a State in India, and no inhabitant of any territory under His Majesty’s protection shall pass out of British Territory across the Frontier of the Districts of Hazara, Peshawar, Kohat, Bannu and Dera Isniaii Khan with the intention of proceeding into Afghanistan, unless he is in possession of—
(a) a passport duly endorsed with permission to cross that Frontier; or
(b) a pass to cross that Frontier issued under the authority of the 2[Central Government],
2. Persons duly warned not to cross Frontier warning addressed to individuals, a class or the public. A warning for the purpose of this Regulation, if addressed to an individual, shall be in writing under the hand of the Provincial Government or of the Magistrate of the district, within which such individual dwells or may be found, and shall be served upon him in such manner as the Central Government may from time to time prescribe; if addressed to a class of persons or to the public generally, the previous sanction of the Central Government must be obtained, and this warning shall be notified, in the, and be otherwise published in such manner as may be directed by the Central Government
3. Penalty for disobeying warning. Whoever disobeys, or attempts to disobey, or abets, xi,v of i860 within the Meaning of the Pakistan Penal Code an other person in disobeying or attempting to disobey any prohibition contained in the first section of this Regulation shall be punishable with fine not exceeding five hundred rupees:
Provided that no proceeding shall be taken under this section against any person in respect of any disobedience to the prohibition contained in sub-section (2) of that section, save with the sanction of the authority competent to issue the requisite passport or pass as the case may be The provisions of sections 64, 67, 68, 69 and 70 of the XLVo 7[Pakistan] Penal Code shall apply to all fines imposed under this section.
4. If any person disobeys, or attempt to disobey, or abets, within the meaning of the ! [Pakistan] Penal Code, another person in disobeying or attempting to disobey 2[any such prohibition], the 3[Central Government] may order him to remove to 4[such, place within the Punjab or the North-West Frontier Province] as the -[Central Government] in each case directs.
5. If any person contravenes any such order, the 5[Provincial Government] or Magistrate of the district within which he is dwelling or may be found may cause him to be apprehended and detained in custody until he is released upon such conditions as
the 3 [Central Government] thinks fit.
6. If the Provincial Government or Magistrate of the district within which any person (whether an European British subject or not) is dwelling or may be found reasonably suspects that he intends to disobey 6[any prohibition applica¬ble to him] contained in the first section of this Regulation, such ‘[Provincial Government] or Magistrate may require such security for his good behaviour for a period not exceeding six months, as the 7[Provincial Government] or Magistrate may seem sufficient.
7. For the purpose of any proceeding under this Regula¬tion in respect of any disobedience or attempted disobedience to a prohibition contained in sub-section (2) of section (1) it shall be presumed, until the contrary is proved, that the person crossing or attempting to cross the Frontier without a passport or pass was intending to proceed into Afghanistan].