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KAZIS ACT, 1880

Act No. XII of 1880

[9th July, 1880]

An Act for the appointment of persons to the office of Kazi

 

Whereas by the preamble to Act No. XI of 1864 (An Act to repeal the law relating to the offices of Hindu and Muhammadan Law Officers and to the offices of Kazi-ul-Kuzaat and of Kazi, and to abolish the former offices) it was (among other things) declared that it was inexpedient that the appointment of the Kazi-ul-Kuzaat, or of City, Town or Pargana Kazis, should be made by the Govern­ment, and by the same Act the enactments relating to the appoint­ment by the Government of the said officers were repealed ; and whereas by the usage of the Muhammadan community in some parts of  [Pakistan] the presence of Kazis appointed by the Government is required at the celebration of marriages and the performance of certain other rites and ceremonies, and it is there­fore expedient that the Government should again be empowered to appoint persons to the office of Kazi ; It is hereby enacted as follows :—

 

1.             Short title. This Act may by called the Kazis Act, 1880 ;

Local extent. [The]  [Provincial Government] may from time to time, by notification in the official Gazette, extend it to the whole or any part of the territories under its administration.

 

2.         Power to appoint Kazis for any local area. Wherever it appears to the Provincial Government] that any considerable number of the Muhammadans resident in any a local area desire that one or more Kazis should be appointed for  such local area, the Provincial Government] may, if it thinks fit, after consulting the principal Muhammadan residents of such local area, select one or more fit persons and appoint him or them to be Kazis for such local area.

If any question arises whether any person has been rightly appointed Kazi under this section, the decision thereof by the Provincial Government] shall be conclusive.

The Provincial Government] may, if it thinks fit, suspend or remove any Kazi appointed under this section who is guilty of any misconduct in the execution of his office, or who is for a continuous period of six months absent from the local area for which he is appointed, or leaves such local area for the purpose of residing elsewhere, or is declared an insolvent, or desires to be discharged from the office, or who refuses or becomes in the opinion of the Provincial Government] unfit, or personally incapable, to dis­charge the duties of the office.

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