THE NATIVE COINAGE ACT, 1876

ACT No. IX OF 1876

[For the statement of objects and Reasons, see Gazette of India, 1876, Pt. V, p. 36 ; for Proceedings in Council, see ibid., Supplement, pp. 178, 192 and 405.]

[28th March, 1876]

An Act to enable the [Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for "Govt. of India".][Government of Pakistan] to declare certain coins of [Subs. ibid., for "Indian States", which had been subs. by A. O., 1937, for "Native States".][Acceding States] to be a legal tender in [Subs. by Ord. 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].

Preamble. WHEREAS it is expedient to enable the [Subs. by A. O., 1949, Sch., for " Governor General in Council".] [Central Government] to declare that a tender of payment of money, if made in certain coins made for or issued by [Subs. ibid., for "Indian States", which had been subs. by A. O., 1937, for "Native States".] [Acceding States], shall be a legal tender in [Subs. by Ord. 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 hereby enacted as follows :‑

1.Short title, Local extent. This Act may be called the Native Coinage Act, 1876,

[Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the original para. as amended by A. O., 1949, Arts. 3(2) and 4.] [It extends to the whole of Pakistan;]

[The words "And it shall come into force at once " rep. by the Repealing and Amending Act, 1914 (10 of 1914).]

2. [Interpretation clause.] Rep. by A.O.,1937.

3.Power to declare that the coins of an Acceding State shall be legal tender. Subject to the provisions of section 4, the [Subs. by A. O., 1937, for "G. G. in C.".] [Central Govern ment] may, from time to time, by notification in the [Subs. ibid., for "Gazette of India".] [official Gazette], declare that a tender of payment of money, if made in the coins, or the coins of any specified metal, made under this Act, for any [Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for " Indian State,, which had been subs. for " Native State " by A. O., 1937.]

[Acceding State], shall be a legal tender 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],

and the provisions of the [Subs. by A. O., 1949, Sch., for "Indian Coinage Act, 1870".] [Pakistan Coinage Act], shall apply to the coins to which such notification refers, so far as such provisions are applicable thereto, and save as expressly provided by such notification.(III of 1906.)

4.When such power may be exercised. The power conferred by the first clause of section 3 shall be exercisable only when the coins referred to in such notification comply with the following conditions (that is to say)‑

in the case of coins of gold, silver or bronze,

(a) their fineness is identical with that for the time being prescribed by law for coins of the [Subs. by A. O.,1937, for "G. of I. ] [Central Govern ment] of the same metal ;

in the case of coins whether of gold, silver, bronze or copper,

(b) they are identical in weight with some coins of the [Subs. by A. O.,1937, for "G. of I. ] [Central Government] of the same metal, which may for the time being be legally coined at any Mint of the [Subs. by A. O.,1937, for "G. of I. ] [Central Government], or bear such relation thereto as is approved by the [Subs. ibid for "G. G. in C."] [Central Government] ;

(c) the devices upon their obverse and reverse differ from the devices on coins now made or issued by any such [Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for " Indian State,, which had been subs. for " Native State " by A. O., 1937.] [Acceding State], and have been approved by the [Subs. ibid for "G. G. in C."] [Central Government] ;

(d) upon each of such coins its value in money of the [Subs. by A. O.,1937, for "G. of I. ] [Central Government] is inscribed in the English language;

(e) the [Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for " Indian State,, which had been subs. for " Native State " by A. O., 1937.] [Acceding State] for which they are coined has undertaken to abstain during a term of not less than thirty years from the date of the notification, from coining in its own Mint gold, silver, bronze, or copper, as the case may be, and has also undertaken that no coins resembling coins for the time being a legal tender 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] shall, after the expiration of the said term, be struck under its authority or with its permission at any place within or without its jurisdic tion ;

(f) such State has formerly declared that a tender of payment of money, if made in coins of the [Subs. by A. O.,1937, for "G. of I. ] [Central Government] of the same metal, shall, in the territories subject to such State, be a legal tender in the cases in which payment made in such coins would, under the law for the time being in force, be a legal tender in [See foot‑note 2 on preceding page.] [Pakistan] ;

(g) such State has also agreed that the law and rules for the time being in force respecting the cutting and breaking of coin of the [Subs. by A. O., 1937, for "G. of .I".] [Central Government] reduced in weight by reasonable wearing or otherwise, or counterfeit, or called in by proclamation, shall apply to the coins made for such State under this Act, and that it will defray the cost of cutting and breaking them ;and

(h) such State has also agreed not to issue the same coins below their nominal value, and not to allow any dis count or other advantage to any person in order to bring them into circulation.

5.Acceding States authorized to send metal to Mint in Pakistan for coinage. It shall be lawful for any such State to send to any Mint in [See foot‑note 2 on preceding page.] [Pakistan] metal to be made into coin under this Act ; and, subject to the Mint Rules for the time being in force, and to the provisions hereinafter contained, the Mint‑master shall receive such metal and convert it into coin, provided that it be fit for coinage.

Nothing herein contained shall be deemed to entitle any such State to have coins made under this Act at any Mint of the [Subs. by A. O., 1937, for "G. of .I".] [Central Government] of any metal which is not for the time being legally coined at such Mint.

6.Power to impose a charge for coinage. The [Subs. ibid., for "G. G. in C.".] [Central Government] may impose on any metal sent to a Mint for coinage under this Act [The words, brackets and figures "the duty (if any) leviable on the same metal under the Indian Coinage Act, 1870, and also" rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 3 and II Sch.] a charge sufficient to defray the expenses of coinage over and above the expenses of assay and refining ; and the Mint‑master shall coin such metal at the charge so imposed.

7.Power to limit number of coins to be made under this Act for any Acceding State. The [Subs. ibid., for "G. G. in C.".] [Central Government] may, from time to time, with reference to the reasonable requirements of the population of any [Subs. by Act 26 of 1951, s. 4 and III Sch., for "Indian State" which had been subs. for " Native State" by A. O., 1937.] [Acceding State], fix the maximum number of any coins of any particular metal that shall be coined under this Act.

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