THE MAJORITY ACT, 1875

ACT No. IX OF 1875

( For the Statement of Objects and Reasons, see Gazette of India, 1874, Pt. V, p. 153 ; for Proceedings in Council, see ibid., Supplement, p. 668, and Extra Supplement, dated 12th May, 1874, p. 4, and ibid. ,1875, Supplement, p.333. It has been applied to Phulera in the Excluded Area of Upper Tarawal to the extent the Act is applicable in the N.‑W. F. P., subject to certain modifica tions, see N.‑W. F. P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. It has been extended to the Excluded Area of Upper Tan awal other than (N: W. F. P.) Phulera by the N: W. F. P. (Upper Tanawal) (Excludcd Area) Laws Regulation, 1950 and declared to be in force in that area with effect from 1st June, 1951, see N.‑W. F. P. Gazette, Extraordinary, dated 1st June, 1951.

This Act has been declared to be in force in Baluchistan, by the British, Baluchistan Laws Regulation, 1913 (2 of 1913).

It has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950); and also applied in the Federat ed Areas of Baluchistan see Gazette of India,1937, Pt. 1, p.1499.)

[2nd March, 1875]

An Act to amend the Law respecting the age of majority.

Preamble. WHEREAS, in the case of persons domiciled in ( Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for "the Provinces and the Capital of the Federation" which had been subs. by A. O., 1949, Arts. 3(2) and 4, for "British India".)[Pakistan), It is expedient to prolong the period of nonage, and to attain more uniformity and certainty respecting the age of majority than now exists ; It is hereby enacted as follows:‑

1. Short title. This Act may be called the ( The word " Indian " omitted by A. O., 1949, Sch.) Majority Act, 1875.

( The original para. as amended by A. O., 1937, A. O., 1949, Arts. 3(2) and 4, and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., has been subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), to read as above.) Local extent[It extends to the whole of Pakistan; ]

and it shall come into force and

  1. Nothing herein contained shall affect‑

(a) the capacity of any person to act in the following matters (namely),‑marriage, dower, divorce and adoption ;

(b) the religion or religious rites and usages of any class of ( Subs. by A. O., 1961, Art. 2 and Seh., for "Her Majesty's subjects in" (with effect from the 23rd March, 1956).) [citizens of] ( Subs. by A. O., 1949, Sch., for "India".)[Pakistan] ; or

(c) the capacity of any person who before this Act comes into force has attained majority under the law applicable to him

3.Age of majority persons domiciled in Pakistan. Subject as aforesaid, ( Subs. by the Guardians and Wards Act, 1890 (8 of 1890) s 32, for "every minor of whose person or property a guardian has been or shall be appointed by any Court of Justice, and every minor under the jurisdiction of any Court of Wards".) [every minor of whose person or property or both a guardian, other than a guardian for a suit within of the meaning of Chapter XXXI of the Code of Civil Procedure**(** See now the Code of Civil Procedure, 1908 (5 of 1908), Sch. I, Order XXXII.) , has 1882. been or shall be appointed or declared by any Court of Justice before the minor has attained the age of eighteen years, and every minor of whose property the superintendence has been or shall be assumed by any Court of Wards before the minor has attained that age] shall, notwithstanding anything contained in the Indian Succession Act (No. X of 1865)( See now the Succession Act, 1925 (39 of 1925).) or in any other enactment, be deemed to have attained his majority when he shall have completed his age of twenty‑one years and not before.

Subject as aforesaid, every other person domiciled in ( Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for "the Provinces and the Capital of the Federation", which had been subs. by A. O., 1949, Arts. 3(2) and 4, for "British India".)[Pakis tan] shall be deemed to have attained his majority when he shall have completed his age of eighteen years and not before.

4. Age of majority how computed. In computing the age of any person, the day on which he was born is to be included as a whole day, and he shall be deemed to have attained majority, if he falls within the first paragraph of section 3, at the beginning of the twenty‑first anniversary of that day, and if he falls within the second paragraph of section 3, at the beginning of the eighteenth anniversary of that day.

Illustrations

(a) Z is born in ( Subs. by A. O., 1949, Sch., for "British India".) [the Provinces] on the first day of January ( Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for "1850".) [1949], and has a ( Subs. ibid., for "British Indian". ) [Pakistan] domicile. A guardian, of his person is appointed by a court of justice. Z attains majority at the first moment of the first day of January ( Subs. ibid., for "1871".)[1970].

(b) Z is born in () [the Provinces] on the twenty‑ninth day of February ( Subs. by the Federal Laws (Revision and Declaratjon) Act, 1951 (26 of 1951), s. 4 and III Sch. ibid., for 1852. Subs. Ibid., for British Indian. ) [1948] and has a ( Subs. Ibid., for British Indian. ) [Pakistan] domicile. A guardian of his property is ap pointed by a Court of Justice: Z attains majority at the first moment of the twenty‑eighth day of February ( Subs. ibid., for"1873 ")[1969].

(c) Z is born on the first, day of January ( Subs. ibid., for "1850 ") [1948]. He acquires a domicile in ( Subs. by A. O , 1949, Sch., for "British India".) [the Provinces]. No guardian is appointed of his person or property by any Court of Justice, nor is he under the jurisdiction of any Court of Wards. Z attains majority at the first moment of the first day of January ( Subs. ibld., for " 1868",)[1966].

Discussion

    Be the first to comment and start a discussion!

© 2020 PakistanLaw.pk, All rights reserved.