39. Indian Penal Code to apply to offences committed previous to 1st January, 1862. - Saving of privileges conferred on certain chiefs.
- The provisions of the [Indian Penal Code] [Unrepealed Central Acts, Vol. I.], 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] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government of [Punjab] [Substituted for the words 'East Punjab' which had been inserted for the word 'the Punjab' by the India (Adaptation of existing Indian Laws), Order, 1947 by the Adaptation of Laws Order, 1950.]:Provided that nothing contained in this section shall affect any privilege conferred on certain Chiefs in [Punjab] [Substituted for the words 'East Punjab' which had been inserted for the word 'the Punjab' by the India (Adaptation of existing Indian Laws), Order, 1947by the Adaptation of Laws Order, 1950.] by the [Central Government] [Substituted for the words 'Governor-General in Council' by the Government of India (Adaptation of Indian Laws) Order, 1937.], or by the Board of Administration for the affairs of the Punjab, nor any indemnity or pardon granted by competent authority.[39A. Power to establish a 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 part of the territories under its administration, and in furtherance of its 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 watchman, 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 watchmen 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 realization 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:ProvidedIstly, 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 a manner and subject to such reasonable conditions as may be prescribed by such rules;
