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14-Mar-1838 | 05 | The Bengal Bonded Warehouse Association Act, 1838 | https://www.indiacode.nic.in/bitstream/123456789/19097/1/a1838-5.pdf | central | # THE BENGAL BONDED WAREHOUSE ASSOCIATION ACT
_______
ARRANGEMENT OF SECTIONS
________
SECTIONS.
[1. Incorporation.](https://www.scconline.com/Members/BrowseResult.aspx#FS1)
[2. Power to sue and be sued, and to acquire, hold and transfer property.](https://www.scconline.com/Members/BrowseResult.aspx#FS2)
[3. Capital Stock and shares.](https://www.scconline.com/Members/BrowseResult.aspx#FS3)
[4. Registering of names of proprietors. Register to be open to inspection.](https://www.scconline.com/Members/BrowseResult.aspx#FS4)
[5. Share-certificates.](https://www.scconline.com/Members/BrowseResult.aspx#FS5)
[6. Transfer of shares.](https://www.scconline.com/Members/BrowseResult.aspx#FS6)
[7. Proprietors of shares to be members of Association.](https://www.scconline.com/Members/BrowseResult.aspx#FS7)
[8. First Directors of Association.](https://www.scconline.com/Members/BrowseResult.aspx#FS8)
[9. Removal and election of Directors.](https://www.scconline.com/Members/BrowseResult.aspx#FS9)
[10. Directors to go out by rotation.](https://www.scconline.com/Members/BrowseResult.aspx#FS10)
[11. Election of successor, when Director ceases to be so otherwise than by rotation.](https://www.scconline.com/Members/BrowseResult.aspx#FS11)
[12. [Repealed].](https://www.scconline.com/Members/BrowseResult.aspx#FS12)
[13. Directors to be residents of Bengal Presidency.](https://www.scconline.com/Members/BrowseResult.aspx#FS13)
[14. [Repealed].](https://www.scconline.com/Members/BrowseResult.aspx#FS14)
[15. Adjournment of ordinary meetings.](https://www.scconline.com/Members/BrowseResult.aspx#FS15)
[16. Extraordinary general meetings.](https://www.scconline.com/Members/BrowseResult.aspx#FS16)
[17. Voting at general meetings Qualification for voting.](https://www.scconline.com/Members/BrowseResult.aspx#FS17)
[18. Number of votes to which proprietors entitled.](https://www.scconline.com/Members/BrowseResult.aspx#FS18)
[19. Votes of joint proprietors shares.](https://www.scconline.com/Members/BrowseResult.aspx#FS19)
[20. Voting by proxy.](https://www.scconline.com/Members/BrowseResult.aspx#FS20)
[21. Authority of Directors.](https://www.scconline.com/Members/BrowseResult.aspx#FS21)
[22. Calls for share money.](https://www.scconline.com/Members/BrowseResult.aspx#FS22)
[23. Interest to run on each call. Application of dividend in satisfaction of unpaid calls.](https://www.scconline.com/Members/BrowseResult.aspx#FS23)
1
-----
[24. Power to refuse to register transfer by defaulting proprietor. Power to sell shares to satisfy](https://www.scconline.com/Members/BrowseResult.aspx#FS24)
calls, and issue fresh certificates.
[25. Extension of Act 25 of 1836 to warehouses of Association.](https://www.scconline.com/Members/BrowseResult.aspx#FS25)
[26. Power to give general security for payment of import and export duties.](https://www.scconline.com/Members/BrowseResult.aspx#FS26)
[27. Rates for warehousing.](https://www.scconline.com/Members/BrowseResult.aspx#FS27)
[28. Certificates of deposit, transferable by endorsement.](https://www.scconline.com/Members/BrowseResult.aspx#FS28)
[29. Suits against Association.](https://www.scconline.com/Members/BrowseResult.aspx#FS29)
[30. Joint Stock of Association.](https://www.scconline.com/Members/BrowseResult.aspx#FS30)
[31. Individual members not to be liable.](https://www.scconline.com/Members/BrowseResult.aspx#FS31)
[32. [Repealed].](https://www.scconline.com/Members/BrowseResult.aspx#FS32)
[33. Increase of Capital Stock.](https://www.scconline.com/Members/BrowseResult.aspx#FS33)
[34. Option to original proprietors to subscribe in first instance.](https://www.scconline.com/Members/BrowseResult.aspx#FS34)
[35. Provisions of Act to apply to additional Stock.](https://www.scconline.com/Members/BrowseResult.aspx#FS35)
[36. East India Company to have right of pre-emption.](https://www.scconline.com/Members/BrowseResult.aspx#FS36)
[37. Dissolution of Association by order of the Governor General in Council.](https://www.scconline.com/Members/BrowseResult.aspx#FS37)
[38. Dissolution of Association by resolution of proprietors.](https://www.scconline.com/Members/BrowseResult.aspx#FS38)
[39. Division of property on dissolution.](https://www.scconline.com/Members/BrowseResult.aspx#FS39)
SHEDULE NO. I
SHEDULE NO. II
2
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# THE BENGAL BONDED WAREHOUSE ASSOCIATION ACT, 1838
ACT NO. 5 OF 1838
[14th March, 1838.]
**[1. Incorporation.—It is hereby enacted, that the persons whose names appear in the Schedule](https://www.scconline.com/Members/BrowseResult.aspx#BS1)**
No. 1, hereunto annexed, shall, from the 14th day of March, 1838, form a corporate body for the
Warehousing of Goods, either in bond or otherwise, by the name of the Bengal Bonded Warehouse
Association.
**[2. Power to sue and be sued, and to acquire, hold and transfer property.—[1] * * * The said](https://www.scconline.com/Members/BrowseResult.aspx#BS2)**
Association shall sue and be sued by its corporate name, and shall use such common seal as the
Directors of the said Association shall from time to time appoint, and may acquire, may hold
absolutely, may hold by way of pledge, and may transfer, any description of property whatever.
**[3. Capital Stock and shares.—[1]* * * The sum of Rs. 10,00,000 subscribed for the purpose of the](https://www.scconline.com/Members/BrowseResult.aspx#BS3)**
said Association by the persons hereby incorporated, shall be the Capital Stock of the said
Association, and shall be divided into 2,000 shares of 500 Rupees each, and [2]* * * every one of the
persons hereby incorporated shall have one share of such Capital Stock for every 500 Rupees which
such person shall have subscribed.
**[4. Registering of names of proprietors.—[1] * * * The Directors of the said Association shall](https://www.scconline.com/Members/BrowseResult.aspx#BS4)**
cause the names, additions, and places of residence of the proprietors of shares in the said Capital
Stock, and the number of shares held by each proprietor, to be registered in a book, and the said
shares shall in such book be numbered, beginning from No. 1, and such book shall be kept at the
office of the said Association,
**Register to be open to inspection.—and shall there be open to the inspection of all persons**
during the usual hours of business.
**[5. Share-certificates.—[1 ]* * * A certificate signed by three Directors of the said Association shall](https://www.scconline.com/Members/BrowseResult.aspx#BS5)**
[be delivered to every proprietor of the said Capital Stock, and [2]* * * it shall be at the option of every](https://www.scconline.com/Members/BrowseResult.aspx#FN0006)
proprietor of several shares to receive one certificate for all the shares of such proprietor, or one
certificate for each of those shares or several certificates, each of which may be for any number of
those shares.
**[6. Transfer of shares.—[3] * * * Any share or shares of the said Capital Stock may be transferred](https://www.scconline.com/Members/BrowseResult.aspx#BS6)**
by indorsement made on the certificate for such share or shares by the proprietor of such share or
shares, or by the Attorney of such proprietor duly authorized thereunto; provided always, that such
indorsement shall specify the name of the party to whom the transfer is made; and provided also that
no such indorsement shall be effectual to transfer any such share or shares until such indorsement
shall have been registered in a Register to be kept for that purpose at the office of the said
Association, and until a note of such registration, and of the date thereof, shall have been made on the
back of the indorsed certificate under the hand of an officer appointed for that purpose by the
Directors of the said Association.
1. The words “And it is hereby enacted, that” omitted by Act 12 of 1891, s. 2 and Sch. I.
2. The word “that” omitted by s. 2 and Sch. I ibid.
3. The words “And it is hereby enacted, that” omitted by Act 12 of 1891, s. 2 and Sch. I.
3
-----
**[7. Proprietors of shares to be members of Association.—[1] * * * Every proprietor of a share of](https://www.scconline.com/Members/BrowseResult.aspx#BS7)**
the said Capital Stock, who shall cease to be a proprietor of such Stock, shall cease to be a member of
the corporation created by this Act; and [2]* * * every person who shall become a proprietor of the said
Capital Stock, shall become a member of the corporation created by this Act; and shall, in respect of
his share or shares of the said Capital Stock, be under the same liabilities under which an original
proprietor of the said Capital Stock would be.
**[8. First Directors of Association.—[1]* * * The business of the said Association shall be managed](https://www.scconline.com/Members/BrowseResult.aspx#BS8)**
by six Directors, and [2]* * * Francis Macnaghten, Joseph Walker, Jasper Ouseley, Richard Howe
Cockerell, Alexander Colvin, Joseph Willis, and James Church, Esquires, shall be the first Directors
of the said Association.
**[9. Removal and election of Directors.—[1]* * * Every Director of the said Association may be](https://www.scconline.com/Members/BrowseResult.aspx#BS9)**
removed by a general meeting of the proprietors, and [2]* * * every future Director of the said
Association shall be elected by such a general meeting.
**[10. Directors to go out by rotation.—[1]* * * A rotation among the Directors of the said](https://www.scconline.com/Members/BrowseResult.aspx#BS10)**
Association shall be settled by lot, so that two of the said Directors may go out of office on the
[Monday following the 15th day of May, in every year, and [2]* * * on the Monday following the](https://www.scconline.com/Members/BrowseResult.aspx#FN0015)
15th day of May, in every year, a general meeting of proprietors shall be held, at which two Directors
shall be chosen, and that no Director going out by such rotation shall be capable of being re-elected,
till the Monday after the 15th of May in the year next following.
**[11. Election of successor, when Director ceases](https://www.scconline.com/Members/BrowseResult.aspx#BS11)** **[to be so, otherwise than by rotation.—[1]* * *](https://www.scconline.com/Members/BrowseResult.aspx#FN0016)**
If any Director of the said Association shall cease to be a Director, otherwise than by the operation of
the rule of rotation aforesaid, the Directors of the said Association shall, with all convenient speed
after such public notice as is hereinafter directed, call an extraordinary general meeting of the
proprietors for the purpose of choosing a successor and such successor shall come into the same place
in the rotation aforesaid in which the Director whom he has succeeded was.
**[12. [Qualifications of Directors.]—[Repealed by Act 5 of 1854, Section 1.]](https://www.scconline.com/Members/BrowseResult.aspx#BS12)**
**[13. Directors to be residents of Bengal Presidency.—[1]* * * No person shall be capable of being](https://www.scconline.com/Members/BrowseResult.aspx#BS13)**
a Director of the said Association, unless he be resident within the Territories subject to the
Presidency of Fort William in Bengal.
**[14. [Ordinary](https://www.scconline.com/Members/BrowseResult.aspx#BS14)** _meetings.]—[Repealed by Act 5 of 1854, Section 1.]_
**[15. Adjournment of ordinary meetings.—[1]* * * Any ordinary general meeting of the said](https://www.scconline.com/Members/BrowseResult.aspx#BS15)**
Association may adjourn itself to a future day, and may, on the day to which it shall have so
adjourned itself, resume its proceedings, and transact any business which it would have been
competent to transact on the day when it originally assembled.
**[16. Extraordinary general meetings.—[1]* * * Extraordinary general meetings of the said](https://www.scconline.com/Members/BrowseResult.aspx#BS16)**
Association shall be held according to such rules as may be made for that purpose, in the Bye-laws of
the said Association; provided always, that no such extraordinary general meeting shall be held
without a previous notice of not less than fourteen days, which notice shall be published in not less
than two newspapers printed at Calcutta.
**[17. Voting at general meetings.—[1]* * * At General Meetings of the Proprietors, every election](https://www.scconline.com/Members/BrowseResult.aspx#BS17)**
and question shall be decided by a majority of votes; and **[Qualifications for voting.—[2]* * * no](https://www.scconline.com/Members/BrowseResult.aspx#FN0021)**
1. The words “And it is hereby enacted, that” omitted by Act 12 of 1891, s. 2 and Sch. I.
2. The word “that” omitted by s. 2 and Sch. I, ibid.
4
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proprietor shall be allowed to vote unless he be possessed of two or more shares of the Capital Stock
of the said Association, which shares shall have been registered in his name not less than three
calendar months before.
**[18. Number of votes to which proprietors are entitled.—[1]* * * At such general meetings, no](https://www.scconline.com/Members/BrowseResult.aspx#BS18)**
proprietor shall have more than eight votes, and [2]* * * the proprietors shall vote according to the
following scale:—
2 Shares shall entitle to 1 vote.
4 ” ” ” ” 2 votes.
6 ” ” ” ” 3 ”
10 ” ” ” ” 4 ”
20 ” ” ” ” 6 ”
35 ” ” ” ” 7 ”
50 ” ” ” ” 8 ”
**[19. Votes of joint proprietors shares.—[1]* * * If more persons than one, being partners in trade,](https://www.scconline.com/Members/BrowseResult.aspx#BS19)**
shall be joint proprietors of two or more shares of the said Capital Stock, and shall agree to give a
joint vote or joint votes, such joint vote or joint votes, shall be received in all respects as the vote or
votes of a single proprietor would be received.
**[20. Voting by proxy.—[1]* * * Every proprietor entitled to vote at any general meeting may give a](https://www.scconline.com/Members/BrowseResult.aspx#BS20)**
proxy in writing, general or special, limited or unlimited, and signed by himself or by his attorney
[duly authorized thereunto, to any other proprietor; and [2]* * * the proprietor to whom the proxy is](https://www.scconline.com/Members/BrowseResult.aspx#FN0026)
given, may vote on behalf of the proprietor who had given the proxy, according to the terms of such
proxy.
**[21. Authority of Directors.—[1]* * * The Directors of the said Association shall have authority to](https://www.scconline.com/Members/BrowseResult.aspx#BS21)**
expend the money of the said Association for the purpose of purchasing and erecting warehouses, and
of warehousing and bonding goods therein, and to make and fulfil contracts for the said purpose, and
to appoint and remove such servants as may be necessary for the said purpose and generally to
manage all the concerns of the said Association, subject to such rules as may be laid down in the
Bye-laws of the said Association, and to keep the seal of the said Association, and to use the said seal
in the affairs of the said Association, provided always, that the said seal shall never be affixed to any
instrument except in the presence and by the consent of three Directors, who shall sign their names on
every such instrument in token of their presence and consent.
**[22. Calls for share money.—[1]* * * The Directors of the said Association shall have authority to](https://www.scconline.com/Members/BrowseResult.aspx#BS22)**
call on the proprietors to pay such instalment or instalments as shall, together with the instalments
already
1. The words “And it is hereby enacted, that” omitted by Act 12 of 1891, s. 2 and Sch. I.
2. The word “that” omitted by s. 2 and Sch. I, ibid.
5
|following sc|cale:—|Col3|Col4|Col5|Col6|Col7|
|---|---|---|---|---|---|---|
|2|Shares|shall|entitle|to|1|vote.|
|4|”|”|”|”|2|votes.|
|6|”|”|”|”|3|”|
|10|”|”|”|”|4|”|
|20|”|”|”|”|6|”|
|35|”|”|”|”|7|”|
|50|”|”|”|”|8|”|
-----
paid, amount to a sum not exceeding 50 per cent. on each share; and [1]* * * no further call shall be
made, except in consequence of a vote of a general meeting of the proprietors, authorising such
further call; provided always that no proprietor shall be called upon to pay more in proportion to his
share in the Capital Stock than any other proprietor.
**[23. Interest to run on each call.—[2]* * * If any proprietor shall not pay any instalment which he](https://www.scconline.com/Members/BrowseResult.aspx#BS23)**
is lawfully called upon to pay, in the manner described in the last section, on the day appointed for
such payment, the said Association shall have a claim against such proprietor for interest on the
deficient sum, after the rate of 10 per cent. per annum; and
**Application of dividend in satisfaction of unpaid calls.—[1]* * * it shall be lawful for the**
Directors of the said Association to apply, in satisfaction of such instalment and of such interest, any
dividend due to such proprietor, placing every dividend so applied to the credit of such proprietor with
the said Association.
**[24. Power to refuse to register transfer by defaulting proprietor.—[2]* * * It shall be lawful for](https://www.scconline.com/Members/BrowseResult.aspx#BS24)**
the Directors of the said Association to refuse to register the transfer of any share belonging to any
proprietor who shall not have paid such instalment and interest as aforesaid; and [1]* * * in case such
instalment and interest shall not be paid within two months after notice to pay the same has been
given by the said Directors to such proprietor, or to his attorney or attorneys duly authorised, it shall
be lawful for the said Directors to sell by public sale the share or shares of such proprietor, to such an
extent as may be sufficient to satisfy such instalment and interest, and to grant, upon such sale,
**Power to sell shares to satisfy calls, and issue fresh certificates.—a new certificate or new**
certificates to the purchaser of such share or shares whereupon the former certificate or certificates for
such share or shares shall become void, and if there be any surplus after such instalment and interest
have been satisfied, such surplus shall be paid on demand to the proprietor of such share or shares,
and shall, till demand, be credited in the books of the said Association to such proprietor, but no
interest shall run thereon.
**[25. Extension of Act 25 of 1836 to warehouses of Association.—[2]* * * All the provisions](https://www.scconline.com/Members/BrowseResult.aspx#BS25)**
of [3]Act 25 of 1836, of the Governor General of India in council, relating to private licensed
Warehouses, shall be applicable to all Warehouses wherein the said Association shall receive bonded
Goods.
**[26. Power to give general security for payment of import and export duties.—[2]* * * It shall](https://www.scconline.com/Members/BrowseResult.aspx#BS26)**
be lawful for the said Association to give general security, by bond, under the seal of the said
Association, for payment of the full duties of importation on Goods, lodged in any Warehouse of the
said Association, or for the due exportation of such Goods; and if the said Association shall give such
bond, no security shall be required from any other party to the same effect.
**[27. Rates for warehousing.—[2]* * * The Directors of the said Association shall, from time to](https://www.scconline.com/Members/BrowseResult.aspx#BS27)**
time, fix the rates at which the said Association will Warehouse Goods and receive Goods at its
Wharfs, and [1]* * * a table of such rates shall be placed at every Warehouse and Wharf of the said
Association.
**[28. Certificates of deposit, transferable by endorsement.—[2]* * * As often as any Goods are](https://www.scconline.com/Members/BrowseResult.aspx#BS28)**
lodged in any Warehouse of the said Association, the Secretary of the said Association shall deliver a
1. The word “that” omitted by Act 12 of 1891, s. 2 and Sch. I.
2. The words “And it is hereby enacted, that” omitted by s. 2 and Sch. I, ibid.
3. Rep. by the Repealing Act, 1873 (12 of 1873).
6
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warrant signed by him as such Secretary, to the person lodging such Goods, which warrant shall be, as
nearly as possible, in the form set forth in Schedule II annexed to this Act, and such warrant shall be
transferable by indorsement, and shall entitle any person to whom it may have been so transferred by
endorsement, to receive the Goods specified in such warrant on the same terms on which the person
who originally lodged those Goods would have been entitled to receive the same.
**[29. Suits against Association.—[1]* * * All suits brought against the said Association shall be](https://www.scconline.com/Members/BrowseResult.aspx#BS29)**
brought in the Supreme Court of Judicature at Fort William in Bengal and not elsewhere.
**[30. Joint Stock of Association.—[1] * * * All the Joint Stock of the said Association of what kind](https://www.scconline.com/Members/BrowseResult.aspx#BS30)**
or description soever, and all the Land, Warehouses, Messuages, Tenements, Hereditaments, Premises
and Property acquired therewith, of which the said Association shall become in any manner
possessed, entitled to, or interested in, shall be held and enjoyed by the Proprietors thereof, and their
successors respectively, as Personal Estate, or as in the nature of Chattel Interests, and not as, or in the
nature of, Real Estate.
**[31. Individual members not to be liable.—[1]* * * In order to define the liability of Proprietors or](https://www.scconline.com/Members/BrowseResult.aspx#BS31)**
shares, and to save harmless themselves and their respective Heirs, Executors, Administrators,
Representatives and Assigns, no Proprietor, his Heirs, Executors, Administrators, Representatives or
Assigns, shall be personally liable to any person or persons whatsoever by reason of being a
Proprietor in any event, or for or on account of any acts, deeds, contracts or liabilities of the said
Association, or of the Directors or Secretary thereof respectively, or under or by virtue of any
judgment or decree in any action or suit, but [2]* * * the party or parties having any legal or equitable
demand or claim for or on the account last aforesaid, or having obtained such judgment or decree as
last aforesaid, shall and may only recover the amount of such demand, claim, judgment or decree
from and out of or to the whole extent of the paid up Capital, accumulated Funds, Lands, Messuages,
Tenements, Hereditaments and Premises whatsoever and wheresoever, which may at the time belong
to the said Association, or to which they may at the time be entitled.
**[32. [Bye-laws.]—[Repealed by Act 5 of 1854, Section 1.]](https://www.scconline.com/Members/BrowseResult.aspx#BS32)**
**[33. Increase of Capital Stock.—[1]* * * It shall be lawful for the said Association to increase its](https://www.scconline.com/Members/BrowseResult.aspx#BS33)**
Capital Stock; provided always that no such increase shall take place unless it be authorized by a vote
of two extraordinary general meetings of Proprietors specially convened for that purpose, of which
meetings the second shall be held not less than three calendar months after the first.
**[34. Option to original proprietors to subscribe in first instance.—[1]* * * In the event of such](https://www.scconline.com/Members/BrowseResult.aspx#BS34)**
increase, the Proprietors of the original Stock shall not be bound to subscribe, but shall in the first
instance have the option of subscribing for the increased Capital Stock in proportion to the share
which each has of the original Capital Stock; and so much of the additional Capital Stock as shall not
be subscribed for by the said Proprietors of the original stock, within one year after the passing of the
final resolution for the increase, shall be open to the public, and be sold, for the benefit of the said
Association, by public sale.
**[35. Provisions of Act to apply to additional Stock.—[1]* * * All the rules laid down in this Act](https://www.scconline.com/Members/BrowseResult.aspx#BS35)**
respecting the original Capital Stock of the said Association, shall be applicable to any additional
Stock which may be subscribed in the manner hereinbefore described.
**[36. East India Company to have right of pre-emption.— [1]* * * If the said Association shall be](https://www.scconline.com/Members/BrowseResult.aspx#BS36)**
desirous to dispose of any premises purchased by the said Association from the East India Company,
1. The words “And it is hereby enacted, that” omitted by Act 12 of 1891, s. 2 and Sch. I.
2. The words “that” omitted by Act 12 of 1891, s. 2 and Sch. I.
7
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the said East India Company shall the right of pre-emption, and the price shall be fixed by two
appraisers, the one named on the part of the said East India Company, and the other by the Directors
of the said Association; and if the said appraisers shall not agree on a price, the price shall be fixed by
an umpire named by the said appraisers.
[37. [Dissolution of Association by order of the Governor General in Council.]—[Repealed by Act](https://www.scconline.com/Members/BrowseResult.aspx#BS37)
_5 of 1854, Section 1.]_
**[38. Dissolution of Association by resolution of proprietors.—[1]* * * The said Association may](https://www.scconline.com/Members/BrowseResult.aspx#BS38)**
at any time be dissolved by a resolution to that effect of two-thirds in number and value of the
proprietors qualified to vote at two successive extraordinary meetings specially called for the purpose
of taking into consideration the expediency of such dissolution; provided that not less than three
months shall have elapsed between the first and second of such two extraordinary meetings.
**[39. Division of property on dissolution.—[1]* * * Whenever the dissolution of the said](https://www.scconline.com/Members/BrowseResult.aspx#BS39)**
Association shall be ordered either by the [2][Central Government], or by a vote of the said Association,
the Directors of the said Association shall cause all the property of the said Association to be
converted into money, and shall divide whatever surplus may remain after satisfying the debts of the
said Association among the proprietors in proportion to the shares which the proprietors have in the
Capital Stock of the said Association; and after such distribution the said Association shall forthwith
be dissolved.
1. The words “And it is hereby enacted, that” omitted by Act 12 of 1891, s. 2 and Sch. I.
2. Subs. by the A.O. 1937, for “Governor General of India in Council”.
8
-----
SCHEDULE NO. I
LIST OF PROPRIETORS OF SHARES
W. Barrington, Captain
T. C. Robertson
Ramdas Dey.
Bonomalee Mullick.
A. Muller.
Charles Trebeck.
T. Bowring.
J. W. Alexander.
T.B. Swinhoe.
Robert Swinhoe.
A. Dobbs.
John Watson.
Taraneechurn
Chatterjee.
G. Herklots, Junior.
F. O. Wells.
C. Lancaster.
C. Lancaster, Trustee
for Mrs. Cornish's
Marriage Settlement.
George Dougal.
John Richards.
Bruce, Shand & Co.
G.W. A. Lloyd, Lt.-Col.
9
|R. H. Cockerell.|W. Barrington, Captain|W. Freeth, Captain.|
|---|---|---|
|W. Speir.|T. C. Robertson|James Colquhoun.|
|W. Martin|Ramdas Dey.|James Church.|
|R. Speir.|Bonomalee Mullick.|Edward Harding.|
|T. Spier.|A. Muller.|Henry Moore.|
|J. S. Brownrigg.|Charles Trebeck.|R. Watson.|
|J. Cockerell.|T. Bowring.|Mrs. B. Betty.|
|G.G.de H. Larpent.|J. W. Alexander.|Henry Mackenzie.|
|J. St. Pourcain.|T.B. Swinhoe.|Adam Scott and Co.|
|J. M. Dove.|Robert Swinhoe.|Holodhur Chowdry.|
|Gungapersaud Gossain.|A. Dobbs.|Charles S. Gover.|
|Ramchunder Seal.|John Watson.|K.B. Mackenzie.|
|J. Willis.|Taraneechurn|S.R. Crawford.|
|W. Earle.|Chatterjee.|T.A. Shaw.|
|D. Willis.|G. Herklots, Junior.|W.A. Shaw.|
|T. Willis.|F. O. Wells.|H. Walters.|
|J. Master.|C. Lancaster.|J. Innes.|
|G. C. S. Master, Lieut.|C. Lancaster, Trustee|W. Adam.|
|Trustees of Mrs.|for Mrs. Cornish's|Joseph Worthington.|
|Limond's Marriage|Marriage Settlement.|James Cullen.|
|Settlement.|George Dougal.|J.C. Palmer.|
|J. W. J. Ouseley,|John Richards.|A. Colvin.|
|Captain.|Bruce, Shand & Co.|W. Ainslie.|
|G.A. Prinsep.|G.W. A. Lloyd, Lt.-Col.|H. Cowie.|
-----
A. Irvine, Major. Gocul Doss. William Bruce,
Trustee
W. A. Peacock. A. S. Stopford. for Mrs. Col. Lloyd.
J. A. Moore, Major. A. Beattie. W. Ryland.
T.W. Burt. Wilson Frith & Co. M. Hughes, Captain.
William Braddon. G.C. Arbuthnot. Annundchunder
Mitter.
Francis Macnaghten. A. Jackson. J.A. Walker.
Carr, Tagore and Co. A. S. Gladsone. T. Hyde Gardiner.
W. Carr, Trustee for Mrs. Dick's J. Craigie, Lieut.-Col. J.C. Owen.
Marriage Settlement.
J. Williams. Doorgachurn Bose.
J.B. Higginson. Rajkissore Lahory.
Robert Lyall. Megnarain Roy. Gourmohun Coondoo.
Moheshchunder Mitter. Ramnarain Mookerjee. S. Hornby.
Prawnkisto Doss. Doorgachurn Mookerjee. Hurrischunder Bose.
Conai Lal and Mukun Lal. Gowrichurn Mookerjee. Ramsoonder Mullick.
I.B. Biss. Rajchunder Ghose.
J. Rostan, Junior. J.S. Biss. Radanauth Dutt.
J. H. Rostan. Rogoonath Coonlo. H. Barrow.
Madobchunder Sandell. W. F. Gibbon. Godadhur Mitter.
Dyalchaund Bysack. J. Cock. E. D'Cruz.
Gopeekissen Paul. H.F. King. Goluckchunder Dur.
Ditto for Mrs. A.G. Glass. James Hill. Luckinarain Day.
W. Rushton. T. Blechynden.
Ditto for E.B. Squire, Junior. A. J. Sturmer. W. Stacy.
10
|T. S. Anquetil, Lt.-Col.|J. Ranken, M.D.|Charles C. Bruce.|
|---|---|---|
|W.H. Martin.|Brijobullub Doss &|Debnarain Day.|
|A. Irvine, Major.|Gocul Doss.|William Bruce, Trustee|
|W. A. Peacock.|A. S. Stopford.|for Mrs. Col. Lloyd.|
|J. A. Moore, Major.|A. Beattie.|W. Ryland.|
|T.W. Burt.|Wilson Frith & Co.|M. Hughes, Captain.|
|William Braddon.|G.C. Arbuthnot.|Annundchunder Mitter.|
|Francis Macnaghten.|A. Jackson.|J.A. Walker.|
|Carr, Tagore and Co.|A. S. Gladsone.|T. Hyde Gardiner.|
|W. Carr, Trustee for Mrs. Dick's Marriage Settlement.|J. Craigie, Lieut.-Col. J. Williams. J.B. Higginson.|J.C. Owen. Doorgachurn Bose. Rajkissore Lahory.|
|Robert Lyall.|Megnarain Roy.|Gourmohun Coondoo.|
|Moheshchunder Mitter.|Ramnarain Mookerjee.|S. Hornby.|
|Prawnkisto Doss.|Doorgachurn Mookerjee.|Hurrischunder Bose.|
|Conai Lal and Mukun Lal.|Gowrichurn Mookerjee.|Ramsoonder Mullick.|
||I.B. Biss.|Rajchunder Ghose.|
|J. Rostan, Junior.|J.S. Biss.|Radanauth Dutt.|
|J. H. Rostan.|Rogoonath Coonlo.|H. Barrow.|
|Madobchunder Sandell.|W. F. Gibbon.|Godadhur Mitter.|
|Dyalchaund Bysack.|J. Cock.|E. D'Cruz.|
|Gopeekissen Paul.|H.F. King.|Goluckchunder Dur.|
|Ditto for Mrs. A.G. Glass.|James Hill.|Luckinarain Day.|
||W. Rushton.|T. Blechynden.|
|Ditto for E.B. Squire, Junior.|A. J. Sturmer.|W. Stacy.|
-----
Colville, Gilmore & Co. Hurrimohun Mookerjee. J.D.' M. Sinaes, in
Trust
Alexander Rogers. Mohunchunder Ghose. for Miss J.F. Speed.
J.H. Crawford. Horrimohun Banorjee. Gorachaund Bose.
A. Porteous. Kistnomohun Seal. J.E. Dunn.
J. Mackey & Co. Hurrochunder Bose. D. W. H. Speed.
James Mackenzie. J.P. Marcus. Rajkissen Dey.
P. J. Sarkies. Mrs. Bruce. Jomejoy Bhose.
G. Collier. Miss L.W. Bruce.
R. Bird. Joseph Bruce.
11
|Col1|Boloram Day.|J. George.|
|---|---|---|
|Charles Lyall.|Obhoychurn Mookerjee.|Mrs. C. Shelverton.|
|John Lyall.|Bolychaund Bysack.|C. Shelverton.|
|David Lyall.|Mrs. Sarah Moss.|Cassinauth Banorjee.|
|W.T. Dawes.|W. Barrett.|P.S. D'Rozario.|
|Colville, Gilmore & Co.|Hurrimohun Mookerjee.|J.D.' M. Sinaes, in Trust|
|Alexander Rogers.|Mohunchunder Ghose.|for Miss J.F. Speed.|
|J.H. Crawford.|Horrimohun Banorjee.|Gorachaund Bose.|
|A. Porteous.|Kistnomohun Seal.|J.E. Dunn.|
|J. Mackey & Co.|Hurrochunder Bose.|D. W. H. Speed.|
|James Mackenzie.|J.P. Marcus.|Rajkissen Dey.|
|P. J. Sarkies.|Mrs. Bruce.|Jomejoy Bhose.|
|G. Collier.|Miss L.W. Bruce.||
|R. Bird.|Joseph Bruce.||
-----
SCHEDULE NO. II
CALCUTTA BENGAL BONDED WAREHOUSE ASSOCIATION
I do hereby certify that………………………… have deposited in the Warehouse of the
Association the undermentioned Goods…………………………. which Goods, the Association
engage on demand, after payment of rent and incidental charges and Government dues or customs
chargeable thereon, to deliver to the said……………………….. or their Assigns, or to the holder of
this warrant to whom it may be transferred by indorsement.
_Secretary._
———
12
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|
27-Aug-1838 | 19 | The Coasting vessels Act, 1838 | https://www.indiacode.nic.in/bitstream/123456789/2260/4/a1838-19.pdf | central | # THE COASTING-VESSELS ACT, 1838
__________
ARRANGEMENT OF SECTIONS
____________
SECTIONS
1. Extent.
2. Rules as to coasting and other vessels belonging to any citizen of
India.
3. Marking or branding vessels with name of place and number.
Owner to paint name and number.
4. Registry of name, number and burthen.
Registry by whom to be made, Fresh registration.
5. Owners to apply for registry.
Information of registry at subordinate port.
6. Officers to perform duty of marking and branding.
7. Owner to obtain certificate of registry. Replacing lost certificate.
8. Sealing certificate.
9. [Repealed.].
10. Fees for certificates.
11. Fees to be credited to Government.
12. Production of certificate on demand.
13. Penalty for neglect to comply with rules.
Recovery of penalties.
14. Power to direct compensation for trouble in seizing.
15. [Repealed.].
SCHEDULE.
1
-----
1[THE 2*** COASTING-VESSELS ACT, 1838]
# ACT NO. 19 OF 1838
[27th August, 1838.]
**3 [1. Extent.—This Act extends in the first instance 4 [to the territories which,**
immediately before the 1st November, 1956, were comprised in the States] of Bombay,
Saurashtra and Kutch, but the Central Government may, by notification in the Offici al
Gazette, extend it to any other State [5][or part of a State] which has a sea-coast.]
**2.** **Rules as to coasting and other vessels belonging to any citizen of India.—**
6***The following rules shall be in force with respect to vessels belonging to 7[any citizen
of India] [8]***, and employed on the coasts of [9][any State] [5][or part of a State] to which this
Act extends] or in trading coastwise, as also with respect to fishing-vessels and harbourcraft belonging to [10][any such citizen].
**3. Marking or branding vessels with name of place and number.—[11]*** Every such**
vessel employed as aforesaid, fishing-vessel and harbour-craft shall be marked or branded
with the name of the place to which she belongs, and also with a number assigned for the
same by the officer authorised to make such registry as is hereinafter mentioned.
**Owner to paint name and number—and the owner or owners of such vessel employed s aforesaid,**
fishing-vessel and harbour-craft shall cause such name and number to be panted in black paint upon a
white ground on each quarter of such vessel employed or aforesaid fishing-vessel and harbour-craft, in
English figures and letters, each figure anti letter being six inches in length.
**4.** **Registry of name, number and burthen.—** [11]*** The name and number of every
such vessels employed as aforesaid, fishing-vessel and harbour-craft, and her burthen,
and also the name or names of the owner or owners thereof, shall be registered in a took
to be kept for that purpose by the person hereinafter directed to make such registry.
**Registry by whom to be made, Fresh registration.—At Bombay such registry**
shall be made by the [12] [Principal Officer, Mercantile Marine Department], and at
other places [13]*** by the [14][Commissioner of Customs] at such places respectively, or by such other
person as sha11 be appointed by the [15][Central Government] to act at such places respectively, in the
execution of this Act; and whenever any change shall take place in the burthen of such vessel employed
1. Short title given by the Bombay Short Titles Act, 1921 (Born. Act 2 of 1921).
This Act was declared by the Laws Local Extent Act, 1874 (15 of 1874), s. 5, to be in force in the whole of the Bombay
Presidency, except the Scheduled Districts.
This Act has been repealed in so far as it applies to sea-going ships fitted with mechanical means of propulsion and to
sailing vessels by the Merchant Shipping Act, 1958 (44 of 1958), s. 461 and Sch.
The Act came into force in Pondicherry vide Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-1963).
The Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962 and Sch. (w.e.f. 1-2-1965) and
to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-1968).
2. The word “Bombay” omitted by Act 22 of 1952, s. 3.
3. Ins. by s. 4, ibid. Original s. 1 was rep. by Act 14 of 1870, s. 1 and Sch., Pt. II.
4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “to the States”.
5. Ins., ibid.
6. The words and figures “And it is hereby enacted, that from the said first day of November, 1838” rep. by Act 16 of 1874, s. 1
and Sch., Pt. I.
7. Subs. by the A. O. 1950, for “any of Her Majesty’s subjects”.
8. The words “residing within the State of Bombay” omitted by Act 22 of 1952, s. 5.
9. Subs. by s. 5, ibid., for “the said State”.
10. Subs. by the A. O. 1950, for “any of the same Her Majesty’s subjects”.
11. The words “And it is hereby enacted, that” rep. by Act. 16 of 1874, s. 1 and Sch., Pt. I.
12. Subs. by the A. O. 1950 (as amended by C. O. 29, dated 4-4-1951), for “Master-Attendant” (w.e.f. 26-1-1950).
13. The words “within the said State” omitted by Act 22 of 1952, s. 6.
14. Subs. by Act 22 of 1995, s. 82.
15. Subs. by the A. 0. 1937, for “Government of Bombay”.
2
-----
as aforesaid, fishing-vessel or harbour-craft, or in the name or names of the owner or owners thereof,
such registry shall be made again:
Provided, however, that it shall not be lawful to give any name to such vessel employed as
aforesaid, fishing-vessel or harbour-craft, other than that by which she was first registered.
**5. Owners to apply for registry.—[1]*** The owner or owners of every such vessel employed**
as aforesaid, fishing-vessel and harbour-craft shall apply to the person authorised to make such
registry in respect of the same, in order to have such registry as aforesaid made, or in order to
have such registry made again as aforesaid.
**Information of registry at subordinate port.—And whenever such vessel employed as**
aforesaid, fishing-vessel or harbour-craft is registered at a subordinate port, information thereof,
and of the number there assigned to her, shall immediately be given by the registering officer to
the [2][Principal Officer, Mercantile Marine Department] at Bombay.
**6. Officers to perform duty of marking and branding.—[1]*** The duty of marking or branding and**
of ascertaining the burthen of such vessels employed as aforesaid, fishing-vessels and harbour-craft, at
Bombay, shall be performed by the [2][Principal Officer, Mercantile Marine Department]; and at all other
places [3]***the duty of marking or branding and of ascertaining the burthen of such vessels employed as
aforesaid, fishing-vessels and harbour-craft shall be performed by the [4][Commissioner of Customs]
at such places respectively, or by such other persons as shall be appointed by the [5][Central Government]
to act at such places respectively, in the execution of this Act.
**7. Owner to obtain certificate of registry. Replacing lost certificate.—[1]***The owner or**
owners of every such vessel employed as aforesaid, fishing-vessel and harbour-craft shall apply for
and obtain a certificate of registry from the person authorised to make such registry as aforesaid, and
such certificate shall be in the form specified in the Schedule appended to this Act; and in the case of
any certificate being lost or destroyed, a renewed certificate may be obtained in the same manner and
on payment of the fees hereinafter mentioned.
**8. Sealing certificate.—[1]***** Such certificate of registry shall be scaled with the seal of the
6[Government of India], - and shall be signed by the person authorised to make such registry.
**9. [Dates for commencement of certificate and registration.] Rep. by the Repealing Act 1876 (12 of**
1876), s. 1 and Sch., Pt. I.
7[10. Fees for certificates.—The owner or owners of such vessels employed as aforesaid fishing
vessels and harbour-craft being excepted) on being registered as aforesaid, shall pay—
for each certificate of registry for a vessel not exceeding 5 tons burthen, the fee of . . .1 rupee;
for each certificate for a vessel exceeding 5 tons burthen and not exceeding 25 tons burthen,
the fee of . . . . . . . . . . . . . . .5 rupees;
for each certificate for a vessel exceeding 25 tons burthen and not exceeding 100 tons burthen,
the fee of. . . . . . . . . . . . . . . . . . 7 rupees;
and for each certificate for a vessel of 100 tons or greater burthen, per ton, the fee of . . 2 annas.]
**11. Fees to be credited to Government.—[1]*** The person or persons so authorised to make such**
registry as aforesaid shall receive the fees payable for the same, and shall pay such fees to such oilier as
1. The words “And it is hereby enacted, that” rep. by Act 16 of 1874, s. 1 and Sch., Pt. I.
2. Subs. by A.O. 1950 (as amended by C. O. 29, dated 4-4-1951), for “Master-Attendent” (w.e.f. 26-1-1952).
3. The words “within the State of Bombay” omitted by Act 22 of 1952, s. 7.
4. Subs. by Act 22 of 1995, s. 82.
5. Subs. by the A. O. 1937, for “Government of Bombay”.
6. Subs. by the A. O. 1950, for “East India Company”.
7. Subs. by Act 22 of 1952, s. 8, for section 10.
3
-----
1 [the Central Government] shall appoint; the same to be carried to the credit of 2 [the Central
Government]:
3[Provided that any such fees as immediately before the commencement of 4[the Constitution]
were, under this Act as then in force to be carried to the credit of the [5][Provincial Government]
shall be paid to such officer as the State Government may appoint and be carried to the credit of
that Government.]
**12. Production of certificate on demand.—** [6]*** The owner or owners or commander
of every such vessel employed as aforesaid, fishing-vessel and harbour-craft shall
produce, on demand thereof by any officer of the Customs [7]*** or by any officer of the
8*** Navy, the certificate so directed to be applied for and obtained, in respect of such
vessel employed as aforesaid, fishing-vessel or harbour-craft, as above mentioned.
**13.** **Penalty for neglect to comply with rules.—** [6]*** Incase any such vessel employed as
aforesaid, fishing-vessel or harbour-craft shall not be so marked or branded in all respects as hereinbefore
directed, or in case the name and number of any such vessel employed as afford said, fishing-vessel or
harbour-craft shall not be so painted, or shall not continue so painted on such vessel employed as
aforesaid, fishing-vessel or harbour-craft, in all respects as herein-before directed;
or in case any such vessel employed as aforesaid, fishing-vessel or harbour-craft shall not be furnished
with such certificate as hereinbefore specified, or in case the owner or owners or commander of any such
vessel employed as aforesaid, fishing-vessel or harbour-craft shall not produce such certificate on demand
thereof as hereinbefore directed;
the owner or owners of every such vessel employed as aforesaid shall be subject to a fine of ten times
the amount of the fees payable in respect of the certificate of registry of such vessel, the same being a
vessel for the certificate of the registration of which any fee is payable; and the owner or owners of any
such fishing-vessel or harbour-craft shall be subject to a fine of ten rupees;
**Recovery of penalties—which fines may be recovered on conviction before any**
Magistrate [9] *** hiving jurisdiction, [7]*** by sale of such vessel, fishing-vessel or harbour-craft,
her furniture, ammunition, tackle and apparel;
**Penalty on repetition of default—and such fines shall be payable as often as the owner or**
owners or commander of any such vessel employed as aforesaid, fishing-vessel or harbour-craft
shall make such default as aforesaid: Provided every such subsequent default be made after the
expiration of one month from the date of the last conviction.
**14.** **Power to direct compensation for trouble in seizing.—[6]***** The [10] [Central
Government] may direct compensation for trouble and diligence in seizing such vessel
employed as aforesaid, fishing-vessel or harbour-craft, guns, furniture, tackle, ammunition
and apparel, as last mentioned, to be made, out of the proceeds of such seizure to the person
or persons who shall have seized the same, to such amount, in such manner and in such
shares or proportions, as to the said [11][Central Government] shall seem meet.
1. Subs. by the A. O. 1937, for “the Governor of Bombay in Council”.
2. Subs., ibid., for “the Government of Bombay”.
3. Ins., ibid.
4. Subs. by the A. O. 1950, for “Part III of the Government of India Act, 1935”.
5. Subs. ibid., for “Local Government”.
6. The words “And it is hereby enacted, that” rep. by Act 16 of 1874, s. 1 and Sch., Pt. I.
7. The words “within the said State” omitted by Act 22 of 1952, s. 6.
8. The word “Indian” rep. by Act 12 of 1876, s. 1 and Sch., Pt. I.
9. The words “Justice of the Peace, or person exercising the powers of a Magistrate” rep. by Act 12 of 1876, s. 1 and Sch., Pt. I.
10. Subs. by the A. O. 1937, for “Governor of Bombay in Council”.
11. Subs., ibid., for “Governor in Council”.
4
-----
**15. [Port-clearance.] Rep. partly by the Repealing Act,** 1874 (16 of1874), s. 1 and Sch.,
_Pt. I, and partly by the Repealing Act,_ 1876 (12 of 1876), s. 1 and Sch., Pt. I.
5
-----
SCHEDULE
This is to certify that _(here insert the names, occupation and residence of the owners)_
having declared that (he _or_ they) are sole owner or owners of the vessel (fishing-vessel _or_
harbour-craft) called _(the name) which is of the burthen of_ _(number of [1][tons])and that the said_
vessel (fishing-vessel _or_ harbour-craft) was _(where and when built),_ the said vessel (fishingvessel or harbour-craft) has been duly registered at the port of (name of port).
Certified under my hand.
_(Signature of Officer)_
_________
1. Subs. by Act 22 of 1952, s. 9, for “Bombay khandls”.
6
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|
18-Mar-1839 | 07 | The Madras Rent and Revenue Sales Act, 1839 | https://www.indiacode.nic.in/bitstream/123456789/19545/1/a1839-07.pdf | central | THE MADRAS RENT AND REVENUE SALES ACT, 1839
________________
ARRANGEMENT OF SECTIONS
____________
SECTIONS
1. [Repealed.].
2. Tahsildars empowered to sell property distrained.
3. Control of tahsildars in exercise of such power.
4. [Repealed.].
5. Fees for selling property to be credited to Government.
6. Delegation of tahsildars powers.
1
-----
# ACT NO. VII OF 1839[1]
[THE MADRAS RENT AND REVENUE SALES ACT, 1839.]
**1. [Repeal of Reg. XXVIII of 1802, s. 23] Rep., Act XIV of 1874.**
# [18th March, 1839.]
**2. Tahsildars empowered to sell property distrained.—2**** All tahsildars within the territories**
subject to the Presidency of Fort St. George shall be vested with the powers of Commissioners for the sale
of property distrained for arrears of rent or of revenue, and shall be subject to all rules and provisions to
which by any law or regulation such Commissioners are subject.
**3. Control of tahsildars in exercise of such power.—Provided always that in respect of the exercise**
of those powers tahsildars shall be subject to the control and superintendence of the Collector, and shall
not be subject to the authority of the Zila Judge, except in the case of any judicial proceedings.
**4. [Their liabilities in exercise of same power.]** _Rep. by the Repealing and Amending Act, 1891_
(XII of 1891).
**5. Fees for selling property to be credited to Government.—Provided also that tahsildars shall not**
be entitled to any fee or commission for selling such distrained property; but that all fees or commission
which may be now lawfully taken by Commissioners for the sale of such distrained property shall be
taken and carried to the account of Government.
**6. Delegation of tahsildars powers.—And it is herby enacted that tahsildars shall have authority,**
subject to the orders of the Collector, to delegate the powers vested in them by the second section of this
Act to any public servants placed under their authority; and that the provisions of 3[sections 3 and 5] of
this Act shall apply to all public servants to whom those powers shall have so delegated in the same
manner as they apply to tahsildars.
***
1. The short title was given by the Repealing and Amending Act, 1901 (XI of 1901).
This Act was declared to be in force in the whole of the Madras Presidency, except the Scheduled Districts, by the Laws Local
Extent Act, 1874 (XV of 1874), s. 4. General Acts, Vol. II.
It was extended, under s. 5 of the Scheduled Districts Act, 1874, to the Scheduled Districts in Ganjam and Vizagapatam—see
Gazette of India, 1898, Pt. I, p. 872 ; and to the Scheduled Districts in Godawari except the Xugar Tahiq—see ibid, 1910, Pt. I, p.
1161.
2. The words “And it is hereby enacted that from the said day” were repealed by the Repealing Act, 1873 (XII of 1873).
3. The words and figures in square brackets have been substituted for the words “the three last proceeding sections” by the
Amending Act, 1801 (XII of 1891). General Acts, Vol. IV.
2
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|
28-Oct-1842 | 13 | The Revenue, Bombay, 1842 | https://www.indiacode.nic.in/bitstream/123456789/18945/1/a1842-13.pdf | central | # THE REVENUE, BOMBAY, 1842
__________
ACT NO.13 OF 1842
_________
_Passed by the Hon’ble the President of the Council of India in Council, on the 28[th] of October, 1842, with_
_the assent of the Right hon’ble the Governor General of India._
An Act to enable the holders of Revenue which has been alienated to them by the State, to collect that
Revenue within the Presidency of Bombay.
**I. Whereas it is expedient to authorize the grant by the Governor in Council of Bombay, at his**
discretion, of Commissions to certain Jageerdars, and others, by virtue of which such persons shall posses
increased powers for collecting the Revenue due to them; —
It is hereby enacted, that it shall be lawful for the Governor in Council of Bombay, to grant any
Jageerdar, Surinjamdar, Inamdar, or other person holding Lands or Villages the Revenue of which has been
alienated to him by the State, a Commission conferring upon him authority for the collection of such
Revenue by the powers hereinafter mentioned, or such of them as shall be specified in the Commission in
addition to the powers now exercisable by law.
**II. And it is hereby enacted, that such Commission, which shall be drawn out according to the form of**
the annexed Schedule A, shall be granted or withheld, and, when granted, shall be liable to be withdrawn
at the pleasure of Government, and that it may, if the Governor in Council of Bombay see fit, be issued to
one or more Agents of such holder of alienated Revenue as well as to the holder in person.
**III. And it is hereby enacted, that the holder of such Commission shall have authority to demand**
security for the payment of the Revenue, in respect of the Lands or Villages specified in the Commission,
and if the same be not furnished, to take such precaution as the Collector is authorized to make under
Section XI, Regulation XVII, of 1827, Bombay Code.
**IV. And it is hereby enacted, that the holder of such Commission shall have authority to send Mohussuls**
on Defaulters under the Provisions of Clauses 2,3, and 5, Section XII, Regulation XVII of 1827, Bombay
Code, provided that one foot Mohussul only be employed in each case, and that the Mohussulee shall cease
on the enforcement of any other remedy for the collection of the Revenue, except the taking of such security
as aforesaid.
**V. And it is hereby enacted, that the holder of any such Commission shall be authorized to attach the**
property of persons making default in the payment of such Revenue as aforesaid, making an immediate
report to the Collector or his Assistant of the his having done so, and should the demand on account of
which the attachment may be made appear to the Collector or his Assistant to be just, he shall give orders
for the sale of such property, and the sale shall be conducted agreeably to the Provisions of clause VII,
Section XII, Regulation XVII, of 1827, Bombay Code, except in cases in which the holder of the
Commission by whom the attachment has been made shall be a Jageerdar, Surinjamdar or Inamdar, vested
by Regulation XIII, of 1830, with Civil jurisdiction and with power to execute his own decrees or his
1
-----
Agents, when the sale shall be conducted by him and not by the Collector and his subordinate Revenue
Officers.
**VI. And it is hereby enacted, that all compulsory process under this Act shall cease on the alleged**
defaulter furnishing security to the holder of the Commission or to the Collector or Assistant Collector of
the District, to institute a suit within 15 days in a competent Court for the purpose of trying the demand
and to pay the amount which may be decreed against him with costs and interest in such Court, provided
that such suits in which any one of the privileged classes established by Regulation XXIX, of 1827, Sections
III, and IV, and by Regulation VII, of 1830, Bombay Code, may be the defendant, shall be tried before the
Collector and his Assistants, any thing in Regulations I, and XVI, of 1831, notwithstanding. And any holder
of any such Commission as aforesaid by himself or his Agents proceeding with any compulsory process
under this Act after the furnishing of such security as aforesaid, or after the due tender thereof, shall forfeit
three times the amount of the Revenue sought to be recovered by such compulsory process.
**VII. And it is hereby enacted, that if the Revenue or rent payable to a Jageerdar or other holder of**
Government alienated lands or villages shall have been fixed by a Government Officer before the grant of
the Land in free tenure, or if the rent or Revenue tendered by any Ryut or other person be at the usual rate
payable according to the custom of the Village and Purgunna as declared by the Koolkurnee and other
Local Officers of Revenue, the enforcement of a demand by any holder of a Commission under this Act of
an excess of rent or Revenue beyond the amount due as above provided shall be deemed to the extortion,
and the person against whom such demand shall have been enforced shall obtain upon any judgement being
passed after regular or summary trial three times the amount of any such excessive demand as damages for
the same. Provided, however, that nothing herein prescribed or contained shall prevent a holder of
alienated Lands or Villages from instituting a suit in any court of competent jurisdiction for the purpose
of establishing his claim to re-assess the Lands or re-settle the Revenue of any Ryut or other who may be
paying less than the full Juma to which he is justly liable, and upon such holder obtaining a decree
adjudging to him such power the demand made by him under such decree, shall, if conformable thereto be
deemed a legal demand for arrears, and shall be leviable by the same process as is above arrears.
**VIII. And it is hereby enacted, that the power conferred by such Commission shall extend to the**
enforcement of the payment of the Revenue of the current season and of the season next immediately
preceding, and not to that of former years.
2
-----
SCHEDULE A.
Form of Commission to be used to a holder of alienated Revenue or his Agent for
enabling him to recover such Revenue
SEAL
The Governor in Council of Bombay by virtue of the powers vested in him by Act XIII, of 1842,
is pleased to confer on you ---------------------------- (Jageerdar, & c., or Agent, & c., as the case may be)
power to realize all Revenue demands due to you (or to your principal) from the Villages and Lands
specified in this Commission in the manner prescribed in ( or in Sections -----------------of) this Act.
The Villages and Lands over which the power thus conferred upon you extends are as follows:
(Here enter the description.)
The within delegated power is vested in you during the pleasure and subject to the re-call of the
said Governor in Council.
# _______________
3
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|
16-Dec-1842 | 17 | The Revenue Commissioners, Bombay Act, 1842 | https://www.indiacode.nic.in/bitstream/123456789/18946/1/a1842-17.pdf | central | # THE REVENUE COMMISSIONERS, BOMBAY ACT, 1842
ACT NO. 17 OF 1842.
_----------------------------_
_Passed by the Hon’ble the President of the Council of India in Council, on the 16th of December, 1842,_
_with the assent of the Right hon’ble the Governor General of India._
# An Act relative to the number and powers of the Revenue Commissioner under the Presidency of
Bombay.
**I. It is hereby enacted, that so much of Regulation V, of 180, of the Bombay Code, as provides that one**
Revenue Commissioner shall be appointed for the Territory subordinate to Bombay, and that the Southern
Maharatta Country shall be excluded from his jurisdiction, is repealed.
**II. And it is hereby enacted, that one or more Revenue Commissioners shall be appointed for the whole**
of the Territory composing the Presidency of Bombay, each of whom shall be vested with all the powers
possessed by the single Revenue Commissioner, under Regulation V, 1830, and shall be empowered to act
within the Presidency of Bombay, or over such portion as the Governor in Council of Bombay may, from
time to time, prescribe by a Order published in the Gazette.
**III. And it he hereby enacted, that each Revenue Commissioner shall have such number of Deputies**
and Assistants, as the Governor in Council may deem it expedient to appoint.
-----------------------------------------------
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|
7-Jan-1846 | 03 | The Boundary-Marks, Bombay 1846 | https://www.indiacode.nic.in/bitstream/123456789/18943/1/a1846-3.pdf | central | # THE BOUNDARY-MARKS, BOMBAY 1846
ACT NO. III OF 1846
# Passed by the Hon’ble the President of the Council of India in Council on the 7[th] January
1846, with the assent of the Right Hon’ble the Governor General of India.
An Act for the establishment and maintenance of field boundary marks in the Presidency of
Bombay.
WHEREAS it is desirable, with a view to the better definition and security of landed property, the
prevention of encroachments and disputes, and the identification of lands assessed to, or exempted from,
the public revenue, that provision should be made for the establishment and maintenance of permanent
marks to distinguish the boundaries of fields:
**I.** It is hereby enacted, that it shall be lawful, within the territories subject to the Presidency of
Bombay, for such Revenue Officers as the Governor in Council may entrust with that authority to require
that marks be erected and maintained by the Owners or Occupants on the boundaries of fields, of such
materials, and in such number as may appear to such Officers sufficient for permanently distinguishing
the limits of those fields.
**II. And it is hereby enacted, that the requisition shall be served on the persons owning or occupying**
each field according to the form A. annexed to this Act, and in the event of these persons not being found
in the Village, that the said requisition shall be posted at the Village Chowree or other conspicuous place
in the Village, which shall be held to be a sufficient service.
**III. And it is hereby enacted, that in default of the Owners or Occupants of the fields complying with**
the requisition, the said Revenue Officers shall give directions for the erection and repair of such field
boundary marks, the cost of which shall be equitably apportioned on the fields which they serve to
distinguish, and shall be charged to the persons possessing a right of ownership or occupancy in such
fields, or if there are no such persons forthcoming, to the revenues of the Village in which the fields are
situated.
**IV. And it is hereby enacted, that no person being out of possession and claiming a right of ownership**
or occupancy in fields, the cost of erecting or maintaining whose boundary marks has been charged to the
revenues of the Village, in consequence of his neglecting to defray the same, shall have his claim allowed
until he makes good all sums so charged.
**V. And it is hereby enacted, that any person who may be convicted of wilfully erasing, removing, or**
injuring field boundary marks, shall be laible to a fine not exceeding Fifty Rupees for each mark so
erased, removed, or injured, one half of which fine may be awarded on conviction to the informer, and the
other half shall be chargeable with the cost of restoring the mark.
**VI. And it is hereby enacted, that authority for the assessment and realization of sums due under the**
provisions of this Act, whether as provide for the erection and maintenance of field boundary marks, and
shall be exercised by them in conformity with the rules prescribed for the assessment and realization of
Revenue demands in general, and that the proceedings of those Officers in all such matters shall be
-----
recorded in writing, and shall be subject to appeal to the Revenue Authorities to whom they are
subordinate.
______
FORM A.
Whereas you are the Owner (Occupant as the case may be) of the field
In the Village of you are hereby required to fix boundary
marks to the said field (by ridging or raising mounds of earth at the angles, or in such other mode as may
be determined) or to repair its present boundary, within days from this date, in default of which the
same will be done by the Government Officers, and the cost recovered from you under Act III. of 1846.
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|
23-Sep-1848 | 20 | The Bengal Land Holder's Attendance Act, 1848 | https://www.indiacode.nic.in/bitstream/123456789/18942/1/a1848-20.pdf | central | # THE BENGAL LAND HOLDER’ ATTENDANCE ACT, 1848
ACT NO. XX OF 1848
_Passed by the Governor General of India in Council on the 23d September 1848._
# An Act for the establishment and maintenance of field boundary marks in the Presidency of
Bombay.
WHEREAS by sundry Regulations of the Bengal Code, provision is made for the imposition of a daily
fine, by the Board of Revenue or other authority exercising the powers of that Board, on any proprietor or
farmer of land subject to the provisions contained in the said several Regulations, who, when duly
summoned by the Collector or other Officer exercising the power of Collector, shall omit or refuse to
attend, or to cause his Officer or Agent to attend, or to furnish the accounts or documents required, and
shall not shew sufficient cause for such omission ; and it is further provided that the fine, when confirmed
by Government, is to be levied by same process as is prescribed for the recovery of arrears of revenue ;
and whereas in many cases, by the delay thus occasioned, the whole burden of the penalty is greatly
increased beyond what would be necessary, if summary power were given to the Officer by whom the
requisition is made, to impose and levy reasonable fines, subject to review by the Commissioner of
Revenue and other superior authority, It is enacted as follows:
**I. If any proprietor or farmer of land shall omit or refuse to attend, or to cause his Officer or Agent to**
attend, when duly summoned by the Collector, in any case specified in any of the said Regulations, by the
time prescribed in the notice issued by the Collector, or shall omit or refuse to furnish the accounts or
documents required, and shall not shew sufficient cause for such omission, the Collector may impose of
his own authority such daily fine, to be payable daily until compliance with the requisition, as he may
think adequate to the situation and circumstances in life or the defaulter, not exceeding in any case the
daily fine of fifty Rupees: and the amount of such fine, accruing due from time to time may be levied
without further confirmation, by the same process as is prescribed for the recovery of arrears of revenue.
**II. The Collector shall forthwith report the imposition of every such fine, and the amount thereof, and**
also from time to time the amount levied, to the Commissioner of Revenue, who shall report the same for
the information of the local Government.
**III. Every order passed by a Collector under this Act shall be appealable in the usual manner to the**
Commissioner of Revenue, and other superior authority ; but no such appeal shall avail to prevent the
levy of any fine so imposed pending the appeal.
**IV. Whenever the amount levied under any such order, issued for any default by authority of a**
Collector under this Act, shall have exceeded five hundred Rupees, the Collector shall report the case
specially to the Commissioner of Revenue ; and no further levy for such default shall be made otherwise
than by authority of the Commissioner of Revenue.
**V. Nothing in this Act contained shall be deemed to repeal the power of imposing daily fines and of**
levying the fines so imposed in the manner prescribed by the said several Regulations.
**VI. The word “Collector” used in this Act shall be taken to mean any person lawfully exercising the**
powers of a Collector.
**VII. This Act shall not extend to the North West Provinces of the Presidency of Bengal.**
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|
26-May-1849 | 10 | The Madras Board of Revenue,1849 | https://www.indiacode.nic.in/bitstream/123456789/19544/1/a1849-10.pdf | central | # MADRAS.—BOARD OF REVENUE.
ACT NO. X OF 1849.
[Passed on the 26[th] May,1849.]
_Recites expediency of empowering G. to depute one Member of Board of Revenue to perform duties_
_of Board in any districts,&c._
1. Enacts, G. in C. of Fort St. G. may depute Member of Revenue Board to Perform in any district,
_duties of Board collectively._
2, 3. _Empowers Commissioner so deputed to exercise all powers mentioned in Commission,_
(3) Commission to be published in Gazette.
4. Correspondence,&c. under Commission to be deposited with and deemed Records of Board of
_Revenue._
An Act for appointing a Commissioner of Revenue at Madras .
Whereas it is expedient that the Governor of Fort St. George in Council should be empowered to
depute a Member of the Board of Revenue, to perform in any of the Districts of that Presidency all or
any of the duties which, by the General Regulations and Laws of the Presidency, belong to the Board
of Revenue collectively, It is enacted as follows:
**I. The Governor of Fort St. George in Council may, from time to time, whenever he shall see fit,**
depute a member of the Board of Revenue to perform alone, in any of the Districts of that Presidency,
all or any of the duties which, by the General Regulations and Laws of the Presidency, belong to the
Board of Revenue collectively.
**II. When a special Commission shall be given to a Member of the Board of Revenue under this**
Act, the Member of the Board named therein shall, by virtue thereof, be empowered to exercise,
within the limits of his Commission, all the powers and duties which by Law are vested in the Board
of Revenue collectively, without exception, or subject to any exceptions or restrictions, which shall be
prescribed in such Commission; and all Regulations and Acts concerning the Board of Revenue shall
be deemed to apply to the said Commissioner within the limits of his Commission, and with regard to
all things concerning the Revenue of the Districts included in it, so far as is necessary to give full
effect to his Commission and to this Act.
**III. Every such Commission shall be published in the Fort St. George Gazette, and the**
Commissioner shall enter on his Office from the date of such publication; and in like manner the
revocation or other determination of any such Commission shall be published in the Fort St. George
Gazette.
**IV. The correspondence and other documents belonging to any such Commission shall be**
deposited on the determination there of, in the Office of the Board of Revenue, and shall be deemed
records of the said Board.
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|
14-Jun-1850 | 25 | The Forfeited Deposits Act, 1850 | https://www.indiacode.nic.in/bitstream/123456789/19030/4/aa1850-25.pdf | central | # THE FORFEITED DEPOSITS ACT, 1850
## ____________
# ARRANGEMENT OF SECTIONS
## __________
SECTIONS
1. Repeals.
2. Application of forfeited deposits.
-----
1[THE FORFEITED DEPOSITS ACT, 1850]
## ACT NO. 25 OF 1850
[14th June, 1850.]
# An Act for the forfeiture to Government of deposits made on incomplete sales of land under
2Regulation 8, 1819 3***.
## WHEREAS patnidars [4]*** fraudulently avail themselves of the [5]provision in section 9, Regulation
8, 1819, of the Bengal Code [6]*** that forfeited deposits at sales of land [7]*** for arrears of rent shall be applied as if they were purchase-money.
1. [Repeals.] Rep. by the Repealing Act, 1870 (14 of 1870), s. 1 and Sch. Pt. II.
2. Application of forfeited deposits.—Any such forfeited deposit shall be applied to defray the
expenses of the sale, and the surplus shall be forfeited to Government.
1. Short title given by the amending Act 1897 (5 of 1897), s. 4 and Sch. III.
The Act has been declared, by notification under the schedule Districts Act, 1874 (14 of 1874), s. 3, to be in force in the
Districts of Hazaribagh, Ranchi, Palamau and Manbhum and Pargana Dhalbhum and the Kolhan in the District of Singbhum in the
Chota Nagpur Division, See Gazette of India, 1881, Pt. I, p. 504.
The Act has also been declared to be in force in the Sonthal Parganas by the Sonthal Parganas Settlement Regulation, 1872 (3
of 1872), s. 3 (1) and Sch.
2. The Bengal Patni Taluks Regulations, 1819.
3. The words and figures “and Act 4, 1846” rep. by Act 12 of 1891, s. 2 and Sch. I, Pt. I.
4. The words “and judgment-debtors,” rep. by s. 2 and Sch. I, Pt. I, ibid.
5. The provision referred to rep. by s. 1 of the present Act.
6. The words and figures “and in section 5, Act 4, 1846,” rep. by Act 12 of 1891, s. 2 and Sch. I, Pt. I.
7 The words “in execution of decrees or” rep by s 2 and Sch I Pt I ibid
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|
21-Jun-1850 | 26 | The Improvements in Towns Act, 1850 | https://www.indiacode.nic.in/bitstream/123456789/19031/1/a1850-26.pdf | central | # THE IMPROVEMENTS IN TOWNS ACT, 1850
ACT NO. XXVI OF 1850
[Passed on _the 21st June, 1850.]_
**1. Repeals. Act 10, 1842.**
**2. Act may be put in force by order of Local Government wherever inhabitants desire it.**
**3, 4.** _Notice of application to Government to be advertised in order that inhabitants may declare their_
_wishes, and (4) decision of Local Government herein to be final._
**5.** _Act to come in force from publication of order, and order to be conclusive, & c._
**6, 7.** _Commission formed of Magistrate and inhabitants to be appointed by Government, who shall_
_make rules, & c. for furtherance of Act : and (7) the rules shall be for objects in Act specified._
**8.** _Empowers Commissioners to make necessary contracts and apply the taxes._
**9.** _Commissioners not to be personally laible on contracts but only for misapplication of monies and_
_gross neglect._
**10.** _Act 10, 1839, for recovery of fines to apply to taxes, & c. under this Act._
**11.** _No rate or assessment to be invalid for defect of form, & c._
**12.** _All moveable property on the assessed premises to be liable for taxes._
**13.** _Account of receipts and disbursements to be submitted annually to Local Government._
**14.** _Empowers Government to suspend the operation of the Act._
# An Act to enable improvements to be made in Towns.
Whereas Act X. 1842, was passed for enabling the inhabitants of any place of public resort or residence,
under the Presidency of Fort William, not within the Town of Calcutta, to make better provision for
purposes connected with public health and convenience, but the said Act has proved ineffectual for the
purpose, and it is expedient to amend the provisions thereof, and to extend the like powers to the inhabitants
of Town in the other Presidencies under the Government of the East india Company, It is enacted as follows:
**I. Act X. 1842, is repealed.**
**II. If it shall appear to the Governor or Governor in Council, or Lieutenant Governor, of any Presidency**
or Place within the Territories under the Government of the East India Company, that the inhabitants of any
Town or Suburb, not within the Town of Calcutta, Madras, or Bombay, are desirous of making better
provision for making, repairing, cleaning, lighting, or watching any public streets, roads, drains, or tanks,
or for the prevention of nuisances, or for improving the said Town or Suburb in any other manner, the said
Governor or Governor in Council, or Lieutenant Governor, may order this Act to be put in force within
such Town or Suburb.
**III. Whenever any application shall be made to the Government for putting this Act in force in any**
Town or Suburb, notice thereof shall be given in the Government Gazette of the Presidency, or place, and
also by proclamation within such Town or Suburb, setting forth the purposes of the application, and giving
reasonable time for all inhabitants of such Town or Suburb, who are minded to declare themselves for or
against the adoption of this Act therein, for such purposes or any of them.
**IV. The Governor or Governor in Council, or Lieutenant Governor, shall take all such declarations into**
due consideration, and after the time allowed for receiving the same, shall make a final order, which shall
be published in the Government Gazette, and also notified by proclamation within such Town or Suburb,
to the effect that the application appears, or does not appear, to be according to the wishes of the inhabitants,
either wholly, or in respect to one or more of the purposes in respect of which it is made ; and if the whole
or any part of it shall appear to be according to the wishes of the inhabitants, then that this Act shall be
thenceforth in force in such town or Suburb, for such purposes only as shall be mentioned in the Order.
**V. Whenever any such order shall order shall be made and published as aforesaid, this Act shall come**
into force within the said Town or Suburb, for such purposes as are mentioned in the Order, and the making
-----
and publication of the said Order shall be conclusive evidence that the provisions of this Act have been
complied with, and that it is thenceforth in force within the said Town or Suburb, for such purposes as are
mentioned in the Order.
**VI. Whenever this Act shall come into force in any Town or Suburb, the Governor or Governor in**
Council, or Lieutenant Governor, shall appoint the Magistrate and such number of the inhabitants thereof
as to him shall appear necessary, to be Commissioners for putting the Act in force, and shall give authority
to them to prepare Rules for more effectually accomplishing the purposes for which they are appointed;
which Rules, when approved by the Governor or Governor in Council, or Lieutenant Governors, shall be
of the same force within the said Town or Suburb, until altered or rescinded as hereinafter provided, as if
they were inserted in this Act. And the said Governor or Governor in Council, or Lieutenant Governor, may
remove any of the Commissioners and appoint others, and may fill up vacancies occurring among the
Commissioners in such manner as may seem to him fit.
**VII. The Rules to be prepared by the said Commissioners shall provide, among other things, for those**
following, that is to say:
1. The appointment and management of all necessary Officers and Servants of the Commissioners, and
the salaries to be allowed to them.
2. The definition of the persons of property within the Town or Suburb to be taxed for raising the monies
necessary for the purpose of this Act, whether by House Assessment or Town Duties, or otherwise, the
amount or rate of the taxes to be imposed, the manner of raising and collecting them, and ensuring the
safety and due application of them when collected.
3. The manner in which from time to time the Rules in force are to be amended or rescinded, and new
Rules are to be made, with the approval in every case of the Governor or Governor in Council, or Lieutenant
Governor.
4. The definition and prohibition of nuisances within the Town or Suburb.
5. The imposition of reasonable penalties for breach of any Rule made by the Commissioners, not
exceeding Fifty Rupees, or in the case of continuing nuisance, not exceeding Five Rupees for every day
that such nuisance is continued.
**VIII. The Commissioners appointed from time to time shall have full power to make all necessary**
contracts, for the purposes of this Act, and apply the taxes raised as aforesaid in the necessary works, and
in payment of their Officers and Servants, and in the other expenses incident to the execution of this Act
within the said Town or Suburb.
**IX. No Commissioner shall be personally liable for any contract made by the Commissioners on behalf**
of the inhabitants of such Town or Suburb ; but every Commissioner shall be laible for any misapplication
of the monies collected, to which he shall have been knowingly party or privy, or which shall have happened
through gross neglect of his duty and shall be liable to be sued for the same as for money due to, and the
suit of the East india Company.
**X. The powers of Act II. 1839, for the recovery of fines, shall be applied for the recovery of all arrears**
of taxes and penalties under this Act ; and every Magistrate shall put in force the powers of the said Act II.
1839 for that purpose, whenever thereunto required by the Commissioners, or any of their Officers deputed
by them for the purposes of enforcing payment of arrears of taxed imposed under this Act.
**XI. No rate on property made under this Act shall be invalid for defect of form : and it shall be enough**
in any such rate on property, or any Assessment of value for the purpose of making such rate, if the property
rated or assessed shall be so described as to be generally known ; and it shall not be necessary to name the
owner or occupier thereof.
**XII. All moveable property found in any house or building or upon any land assessed under this Act**
may be seized and sold by warrant of a Magistrate for payment of any arrear of tax laid on such house,
building or land under this Act.
**XIII. All Commissioners acting in execution of this Act shall, on or before the last day of April in every**
year, make up and send to the Governor or Governor in Council, or Lieutenant Governor, an account of all
works executed by them, and of all sums received and spent by them in the foregoing year, in such form
-----
and with such vouchers as the Governor or Governor in Council, or Lieutenant Governor, shall from time
order.
**XIV. The Governor or Governor in Council, or Lieutenant Governor may, at any time, suspend the**
operation of this Act in any town or Suburb, and appoint any person or persons to examine and report upon
the behavior of the Commissioners, or any of them, or their Officers in the execution of this Act.
__________
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|
4-Jun-1851 | 08 | The Indian Tolls Act, 1851 | https://www.indiacode.nic.in/bitstream/123456789/2274/1/a1851-8.pdf | central | # THE INDIAN TOLLS ACT, 1851
_________
ARRANGEMENT OF SECTIONS
_________
PREAMBLE
SECTIONS
1. [Repealed.].
1A. Extent.
2. Power to cause levy of tolls on roads and bridges within certain rates, and to appoint collectors.
Collectors’ responsibilities.
3. Their powers for recovery of toll.
Release of seized property on tender of dues.
4. Exemptions from payment of toll.
5. Assistance of collectors by Police-officers.
6. Penalty for offences under Act. Compensation to person aggrieved. Saving of his right to sue.
7. Exhibition of table of tolls, and statement of penalties.
8. Application of proceeds of tolls.
_SCHEDULE.—[Repealed.]._
-----
# THE INDIAN TOLLS ACT, 1851[1]
ACT NO. 8 OF 1851
An Act for enabling Government to levy Tolls on Public Roads and Bridges.
[4th July, 1851.]
**Preamble.—WHEREAS it is expedient to enable Government to levy tolls upon roads and bridges; it**
is enacted as follows:—
**1. [Repeal of Acts].—Rep. by the Repealing Act, 1870 (14 of 1870), s. 1 and the Schedule, Part** _II._
2[1A. Extent.—This Act extends to the territories administered on the fourth of July, eighteen
hundred and fifty-one, by the Governor of the Presidency of Fort William in Bengal, the LieutenantGovernor of North-Western Provinces of Bengal and the Governor of the Presidency of Fort St. George in
Council.]
**2. Power to cause levy of tolls on roads and bridges within certain rates, and to appoint**
**collectors. Collectors’ responsibilities.—[3][The State Government] may cause such rates of toll, [4]*** as**
5[it thinks fit], to be levied upon any road or bridge which has been, or shall hereafter be, made or
repaired [6][at the expense of the Central or any State Government]; and may place the collection of such
tolls under the management of such persons as may appear to [7][it] proper: and all persons employed in the
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
This Act should be read with the Indian Tolls Act, 1864 (15 of 1864), and the Indian Tolls Act, 1888 (8 of 1888).
This Act has been amended in Assam by Assam Act 3 of 1931 and Act 1 of 1932; C. P. by C.P. Act 8 of 1932, Madras by
Madras Act 6 of 1938, Act 14 of 1942 and Act 26 of 1950.
This Act is deemed to be in force throughout the territories administered by the Lieutenant-Governor of the Punjab on the 5th
September, 1888 and to have been in force, from the 21st August 1857, in the territories for the time being administered as part of
the Punjab.
It has been extended under s. 3 of Act 15 of 1864 to Ajmer and Merwara, see Gazette of India, 1889, Pt. II, p. 562.
It has been declared to be in force in the C.P. and the Sambalpur District by the C. P. Laws Act, 1875 (20 of 1875), s. 3; in
the Sonthal Parganas by the Sonthal Parganas Settlement Regulation, 1872 (3 of 1872), s. 3.
It has been declared, by notification under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the
following Scheduled Districts, namely:—
The Districts of Hazaribagh,
Lohardaga (now the Ranchi District,
_see Calcutta Gazette, 1899, Pt. I, p. 44),_
and Manbhum, and Pargana Dhalbhum and
Kolhan in the District of Singbhum. . . _See Gazette of India,_ 1881, Pt. I, p. 504.
The District of Lahaul . . . . . Ditto 1886, Pt. I, p. 301.
It has been extended by notification under s. 5 of the last mentioned Act to the Scheduled District of Coorg, see Gazette of
India, 1878, Pt. I, p. 45; to the Scheduled Districts in Ganjam and Vizagapatam, see _ibid., 1899, Pt. I, p. 720; to the Ducharti and_
Guditeru Muttahs, Yellavaram taluk, East Godavari Agency, see Notification No. 110, dated 22nd April, 1927, Fort St. George
Gazette, 1927, Pt. I, p. 661, and to the District of Darjeeling, see Calcutta Gazette, 1934, Pt. I, p. 179.
It has been repealed in the Presidency of Bombay, to which it originally applied by the Bombay Tolls Act 1875 (Bom. Act 3
of 1875), s. 1 and has also been amended in Assam by Assam Acts 3 of 1931 and 1 of 1932; C.P. by C. P. Act 8 of 1932; and
Madras by Madras Acts 6 of 1938 and 14 of 1942.
It has been repealed in Mysore by Mysore Act 29 of 1958.
The Act has been extended to the whole of Madhya Pradesh by M.P. Act 23 of 1958 and to the Union territory of
Pondicherry by Act 26 of 1968, s. 3 and the Schedule.
The Act has been amended in its application to Uttar Pradesh by U.P. Act 5 of 1957, Andhra Pradesh by A.P. Act 17 of
1975 and West Bengal by W.B. Act 18 of 1978.
2. Ins. by the A.O. 1937.
3. Subs. by ibid., for “The Governor of the Presidency of Fort William in Bengal, the Lieutenant-Governor of the North-Western
Provinces of Bengal and the Governor of the Presidency of Fort St. George in Council”. The words “and the Governor of the
Presidency of Bombay in Council” had been rep. by Act 8 of 1888, s. 5.
The authority of the Provincial Government in any Province of India not specified in s. 1A to which this Act and the Indian
Tolls Act, 1864 (15 of 1864), may be or have been extended, is to be the same as if it had been originally specified in s. 2. See
the Indian Tolls Act, 1888 (8 of 1888), s. 2(1).
4. The words “not exceeding the rates mentioned in the Schedule annexed to this Act” omitted by Act 38 of 1920, s. 2 and
the First Schedule.
5. Subs. by the A.O. 1937, for “they respectively think fit”.
6. Subs., ibid., for “at the expense of the Govt.”.
7. Subs., ibid., for “them”.
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management and collection of such tolls shall be liable to the same responsibilities as would belong to
them if employed in the collection of the land revenue.
**STATE AMENDMENT**
**Orissa**
**Amendment of section 2.—In section 2 of the Indian Tolls Act, 1851(8 of 1851) in its application to**
the State of Orissa, for the words “at the expense of the Central or any State Government”, the words “at
the expense of the Central or any State Government or any Corporation, Statutory Body, Company, Firm
or person authorized by the State Government for this purpose” shall be substituted.
[Vide the Orissa Act 7 of 1999, s. 2]
**3. Their powers for recovery of toll.—In case of non-payment of any such toll on demand, the**
officers appointed to collect the same may seize any of the carriages or animals on which it is chargeable,
or any part of their burden of sufficient value to defray the toll; and, if any toll remains undischarged for
twenty-four hours, with the cost arising from such seizure, the case shall be brought before the officer
appointed to superintend the collection of the said toll, who may sell the property seized for discharge of
the toll, and all expenses occasioned by such non-payment, seizure and sale, and cause any balance that
may remain to be returned, on demand, to the owner of the property; and the said officer, on receipt of the
property, shall forthwith issue a notice that, at noon of the next day, exclusive of Sunday, or any closed
holiday, he will sell the property by auction:
**Release of seized property on tender of dues.—Provided that, if, at any time before the sale has**
actually begun, the person whose property, has been seized shall tender the amount of all the expenses
incurred, and of double the toll payable by him, the said officer shall forthwith release the property
seized.
**4. Exemptions from payment of toll.—No tolls shall be paid for the passage [1]*** of Police-officers**
on duty, or of any person or property in their custody, but no other exemption from payment of the toll
levied under this Act shall be allowed.
**STATE AMENDMENT**
**Orissa**
**Amendment of section 4.—In section 4 of the Indian Tolls Act, 1851 (8 of 1851), in its application**
to the State of Orissa, after the words “shall be paid for the passage of” the words “the State Government
Vehicles on Government duty and” shall be inserted.
[Vide the Orissa Act 13 of 1987, s. 2]
**5. Assistance of collectors by Police-officers.—All Police-officers shall be bound to assist the toll-**
collectors, when required, in the execution of this Act; and, for that purpose, shall have the same power
which they have in the exercise of their common police-duties.
**6. Penalty for offences under Act. Compensation to person aggrieved. Saving of his right to**
**sue.—Every person, other than the persons appointed to collect the tolls under this Act, who shall levy or**
demand any toll on any public road or bridge, or for passing through any bazar situated thereon, and also
every person who shall unlawfully and extortionately demand, or take any other or higher toll than the
lawful toll, or under colour of this Act seize or sell any property knowing such seizure or sale to be to
lawful, or in any manner unlawfully extort money or any valuable thing from any person under colour of
this Act, shall be liable on conviction before a Magistrate to imprisonment for any term not exceeding six
calendar months, or to fine not exceeding two hundred rupees, any part of which fine may be awarded by
the Magistrate to the person aggrieved; but this remedy shall not be deemed to bar or affect his right to
have redress by suit in the Civil Court [2]***.
**7. Exhibition of table of tolls, and statement of penalties.—A table of the tolls authorized to be**
taken at any toll-gate or station shall be put up in a conspicuous place near such gate or station legibly
1. The words “of troops and military stores and equipages on their march or” rep. by Act 2 of 1901, s. 8 and the Schedule.
2. The words “of the Zillah” rep. by Act 12 of 1876, s. 1 and the Schedule, Part. I.
-----
written or printed in English words and figures, and also in those of the vernacular language of the
district, to which shall be annexed, written or printed in like manner, a statement of the penalties for
refusing to pay the tolls and for taking any lawful toll.
**8. Application of proceeds of tolls.—The tolls levied under this Act shall be deemed public revenue**
1***.
[SCHEDULE.] Rep. by the Devolution Act, 1920 (38 of 1920), s. 2 and the First Schedule.
_________
1. The words “but the net proceeds thereof shall be applied wholly to the construction, repair and maintenance roads and bridges
within the presidency in which they are levied” omitted by the A.O. 1937.
-----
|
14-Nov-1851 | 12 | The Madras City Land Revenue Act, 1851 | https://www.indiacode.nic.in/bitstream/123456789/19032/1/a1851-12.pdf | central | # THE MADRAS CITY LAND REVENUE ACT, 1851
ACT NO. 12 OF 1851
[Passed on the 14th November, 1851.]
1. Assessable lands in Madras not assessed, to be assessed at customary rates.
2. Lakhiraj tenures of sixty years standing and none of less to be valid.
3. Collector to determine rate of assessment, subject to an appeal.
4, 5, 6. _Collector may have rent-paying lands measured to ascertain the exactness of assessed_
_quantity : and (5) order an abatement when assessed at too much ; and (6) an increase when assessed at_
_too little._
7. After demand in writing, rent may be recovered by distress and sale of goods and chattels. Collector
_may appoint bailiffs and appraisers to make and appraise, &c. distresses._
8. Rent paid to East India Company by under tenant may be deducted by him from his own rent.
9. _Land revenue or rent of East India Company to have priority over all other claims as respects_
_property liable._
10. Distress to proceed notwithstanding liability disputed, unless amount is deposited.
11. Arrears of rent removeable for six years after due or after acknowledgement in writing.
12. Claim to hold land rent free to be referred by Collector to Board, if disallowed by Board, land to
_be assessed, subject to Civil Suit._
13. Obstructing Collector, &c. to be punishable by fine and in default of payment by imprisonment.
14. Collector may punish contempts.
15. Collector to act under superior revenue authorities.
16. Ground rents of East India Company to be deemed revenue within 21 Geo. 3 Cap. 70.
17. Actions for trespass or injury committed under color of Act to be tried in East India Company’s
_Courts, &c. and no action to lie more than 6 months after cause arose._
18. Interprets the words “Collector” and Board of Revenue.
An Act for securing the Land Revenue of Madras.
Whereas it is expedient that the land revenue accruing due to the East India Company at Madras, within
the limits of the Town of Madras as defined in Section XII., Regulation II. of 1802., of the Madras Code,
should be ascertained and collected in as summary a manner as in other parts of the territories under the
Government of the East India Company, It is enacted as follows:
**I. All assessable lands not the property of the East India Company, within the limits of the Town**
Madras, as defined in Section XII., Regulation II. of 1802, of the Madras Code, of which the rate of
assessment is not known, or which have not heretofore been assessed, shall be assessed at the rates
customarily charged upon lands of a similar description in the neighbourhood according as they may be
situated description in the neighbourhood according as they may be situated respectively within or without
the walls of Black Town.
**II. Lakiraj tenures of land in Madras, of which uninterrupted possession has been held under alleged**
grants, exempt or partially exempt from assessment for sixty years, shall be valid : no other lakiraj tenures
of land in Madras shall be deemed valid, unless the same are or shall be held under an unexpired grant from
the British Government.
**III. The Collector of Madras shall determine the rate of assessment to be laid on assessable land under**
Section I. of this Act, with reference to the rate assessed upon other land of a similar description in the
neighbourhood, subject to an appeal to the Board of Revenue, to be made within six months from the
notification by the Collector of the assessment fixed by him. The decision of the Board of Revenue upon
such appeal shall be final.
-----
**IV. The Collector may order any assessable land, or land already assessed, or charged with a rent**
payable to the East India Company, to be measured, for the purpose of determining the amount of
assessment to be imposed, or, in the case of land already assessed or charged with a rent, for the purpose of
ascertaining whether the actual dimensions, and the dimensions upon which the amount of assessment or
rent, was calculated, correspond.
**V. Whenever, upon the measurement of any land under the preceding Section, it shall be found that the**
dimensions upon which the amount of assessment or rent was calculated exceed the actual dimensions, a
proportionate abatement shall be made for the excess, on the demand of the party entitle to claim it.
**VI. On the other hand, when the actual dimensions exceed the dimensions upon which the amount of**
assessment or rent was calculated, the excess shall be charged at the same rate as the rest of the land, the
possession being left undisturbed. Provided that, when it shall appear that the excess has been earned by
the surreptitious usurpation of ground belonging to another tenure, the act of the Collector in assessing it
shall not prejudice the holder of such other tenure in any effort he may make to recover the ground usurped
from it. An appeal shall lie to the Board of Revenue against any extra assessment or additional rent charged
by the Collector for excess by measurement under this Section, if preferred within six months from the date
of the Collector's order. Upon each appeal the decision of the Board of Revenue shall be final.
**VII. If any owner of assessed land or any person holding land subject to a rent payable to the East India**
Company, shall upon the written demand of the Collector, refuse or neglect to pay any sum at which the
land is assessed, or with which it is charged as rent, the Collector may levy the same by distress and sale of
the goods and chattels, wherever found, of such owners or lessee; or, after written demand upon the tenant
or occupier, and of his refusal or neglect to pay the sum lawfully demanded, by distress and sale of any
goods and chattels found Upon the land, in the manner appointed for regulating distresses for small rents
in Calcutta by Act VII. of 1847, extended to Madras by Section 89, Act IX. of 1850, and for the purpose of
any such distress and sale, the Collector shall have all the powers of a Judge of the Court of Small Causes
under Section 89, Act IX. of 1850 aforesaid; and the Collector shall have power to appoint any of his
Officers to perform the duties of Bailiffs and Appraisers, and of the Chief Clerk of the said Court, as
provided by the said Act VII. of 1847, and all the provisions of the said Act relating to the Commissioners
for the recovery of small debts and their Court shall be deemed to apply to the said Collector and his Office
in the execution of this Act.
**VIII. In the case of payment by any tenant of occupier not holding immediately under the East India**
Company, or the seizure and sale of his property, he may deduct the amount of the payment or levy from
the next payment of rent to his landlord.
**IX. The claim of the East India Company for land revenue or rent has priority over all other claims**
upon the land, or to which property distrained upon the land may be liable.
**X. If the Collector's claim for arrears of rent is disputed, the process of distraint and sale shall not be**
stayed unless the amount claimed be lodged with the Collector.
**XI. Arrears of rent or revenue due to the East India Company and recoverable within six years next**
after the same are due, or next after an acknowledgment of the same in writing has been given by the person
by whom the same is payable, or his Agent, and not afterwards.
**XII. When a claim to hold land lakiraj, or free of assessment, shall be set up under this Act, the**
Collector shall inquire into the claim; taking such evidence as the claimant may offer, or the public records
supply; and shall report his proceedings in the case for the consideration of the Board of Revenue. If the
Board of Revenue are satisfied of the validity of the claim, they shall make an order accordingly, and such
order shall be final. If they are not satisfied of the validity of the claim, they shall direct the Collector to
assess the land, leaving the claimant to contest the Collector's demand in the Civil Courts, as herein
provided.
**XIII. Any person obstructing or molesting the Collector, or any of his subordinate officers in the**
execution of their duty, shall, on conviction before a Magistrate of the Town of Madras, be liable to a fine
not exceeding five hundred rupees, and, in default of payment, to imprisonment in the common gaol for a
term not exceeding six months, or until the fine is sooner paid.
-----
**XIV. The Collector may punish any contempt committed in his presence in open cutcherry or office,**
by fine not exceeding two hundred rupees, and, in default of payment, by imprisonment in the common
gaol for a term not exceeding one month. From every such order of fine or imprisonment an appeal shall
lie to the Board of Revenue, whose decision shall be final.
**XV. The Collector shall act in the execution of this Act, under the usual control of the superior revenue**
authorities.
**XVI. The ground rents payable to the East India Company from lands in Madras are revenue within**
the meaning of the Act of Parliament, 21 Geo. III. Cap. 70; and the Supreme Court of Judicature established
by Royal Charter at Madras has not any civil jurisdiction concerning the said ground rents, or concerning
any thing ordered or done in the assessment or collection thereof.
**XVII. All actions concerning any trespass or injury committed by any revenue officer, acting under**
colour of this Act, or concerning any claim in respect of any goods taken by, or any monies paid to, any
revenue officer under this Act, or concerning any claim of rent or revenue on the part of the East India
Company under this Act, shall be tried and determined in the Civil Courts established by the East India
Company, in the Zillah of Chingleput, notwithstanding that the cause of action in respect of which such
action is brought, arose, or the defendant therein reside, within the limits of the Town of Madras, and every
such action shall be brought within six months after the cause of action arose, and not afterwards.
**XVIII. The words “Collector” and “Board of Revenue” used in this Act, shall be taken to mean any**
person or persons lawfully appointed to exercise the powers vested in the Collector and Board of Revenue
respectively under this Act.
_________
-----
|
13-Feb-1852 | 11 | The Bombay Rent-free Estates Act, 1851 | https://www.indiacode.nic.in/bitstream/123456789/19027/1/a1852-11.pdf | central | # THE BOMABY RENT-FREE ESTATES ACT, 1852
ACT NO. XI OF 1852
[Passed on _the 13th February, 1852.]_
_Recites expediency of providing means of settling claims against Government in certain districts : and_
_that rules of Bombay R. 17, 1827, Chap. 9, 10, and R. 6, 1833, Cl. 1. Do not apply to districts not under_
_Government Regulations: enacts._
**1.** _No order of Government regarding title to lands in any of the non-regulation districts shall be_
_questioned in any Court of law on ground of inconsistency with this Act._
**2, 3.** _Governor of Bombay may appoint in recited districts an Inam Commissioner with assistants :_
_who (3) shall discharge their duties according to rules in Schedule to this Act._
**4.** _Claims to exemption shall be determined according to Rules in Schedule B._
**5. Each Inam Commissioner to have same authority for examination of witnesses and taking evidence**
_and inflicting penalties as the Civil Courts._
**6.** _Bribery, extortion and generally all act of abuse under the Commission shall be punishable as_
_criminal offences without prejudice to civil remedy._
**7. No decision of Inam Commissioner, & c. shall be questioned in Court of law.**
assistants.
_Rule 1. Defines the functions of the Inam Commissioner and his assistants._
_Rule 2._ _Gives appeal against orders of Assistant Commissioner._
_Rule 3. And subsequent rules prescribe the mode of proceeding to establish claims._
_Schedule B. Rules for adjudication of title to estates claimed as Inam._
_Rule 1. Confines all Inams already declared permanent by competent authority competency of officer_
_shall be decided if questioned._
_Rule 2. Land to be hereditary if expressly made so by Sunnud, provided, (1) that Sunnud was made by_
_competent authority; (2) that no illegal conditions are attached to the tenure; and (3) that is was not reoked,_
_& c._
_Rule 3. An uninterrupted holding for 60 years before the introduction of heir in possession all the time._
_The right not to descend on heirs y adoption, not on female heirs._
_Rule 4. Lands held for 40 years in the male line to continue to be held for one more generation; but not_
_by an adopted heir; (1) what shall be sufficient proof of authorized possession ; (2)claim to be allowed_
_unless to grounds of it be disproved; and (3) what shall be deemed the time of the introduction of British_
_Government._
_Rule 5. None so numbered._
_Rule 6. Exemptions not protected by above rules to be abolished on demise of incumbent: and (1) bond_
_fide holder to be deemed incumbent; (2) this privilege not to extend to persons holding by fraud._
_Rule 7. Lands held for support of Mosques, & c. not to be resumed. (4) if they have been enjoyed for_
_40 years; (5) What shall be deemed sufficient proof of enjoyment ; (6) but this rule not to apply in favor of_
_private holdings (7) see the provision._
_Rule 8. Lands held under on official tenure intended to be permanent not to be resumed; but this rule_
_is subject to several complicated provisions, not capable of abridgment._
_Rule 9. On resumption of lands a moiety may be continued to widows of last incumbent, &c. in case of_
_destitution._
_Rule 10. Makes discretionary with Government to apply these rules to certain specified kinds of lands._
_Rule 11. Empowers the G. in C. to relax the rules ; who also shall interpret them._
-----
An Act for the Adjudication of Titles to certain Estates claimed to be wholly or partially Rent-free in
the Presidency of Bombay.
WHEREAS in the Territories of the Deccan Kandeish, and Southern Mahratta Country, and in other
Districts more recently annexed to the Bombay Presidency, claims against Government on account of Inams
and other Estates wholly or partially exempt from payment of Land Revenue are excepted from the
cognizance of the ordinary Civil Courts, and incapable of being justly disposed of under the Rules for the
determination of Titles, and the Rules of Procedure contained in Chapters IX. and X. of Regulation XVII.
of 1827 of the Bombay Code and their Supplements; and whereas it is desirable that the said claims should
be tried and determined without further delay. It is declared and enacted as follows:
**I. The Rules in Chapters IX. and X. of Regulation XVII. of 1827, and in Clause 1 of Regulation**
VI. of 1833 of the Bombay Code, do not apply to any of the Districts of the Bombay Presidency which
were not brought under the General Regulations of Government by Regulation XXVIII. of 1827 of the
Bombay Code; and no order hitherto passed regarding the continuance or resumption of lands in any of the
said Districts held or claimed from Government as wholly or partially free of assessment, shall be liable to
be questioned in any Court of Law, on the grounds of any interpretation nr construction of the Law, which
may be inconsistent with the declarations made and the rules prescribed by this enactment.
**II. The Governor of Bombay in Council may appoint in any Zillah or other division of the Territories**
subject to the Presidency of Bombay, which were not brought under the General Regulations of
Government by the said Regulation XXVIII. of 1827, an Inam Commissioner with so many Assistants, and
such subordinate Establishment, as may be necessary for the purposes hereinafter mentioned.
**III. The duties of each Inam Commissioner and his Assistants shah be discharged according to the**
Rules in Schedule A. annexed to this Act.
**IV. In the adjudication of claims to exempt lands or interests therein, the titles of claimants shall he**
determined by the Rules in Schedule B. annexed to this Act.
**V. Each Inam Commissioner sand his Assistants shall have the same authority to procure the attendance**
of witnesses, and to take evidence, as now is, or from time to time may be, by Law vested in the ordinary
Civil Courts; and so far as concerns the penalties for not giving evidence, for false testimony, for resistance
of process, contempts, and other like matters, connected with cases under cognizance by any one of the said
Officers, his Office shall be held to be a Court of Civil Jurisdiction of the same authority as the superior
Civil Court of the Zillah or District in which his Office from time to time shall be established. Provided
that all complaints against, or appeals from the proceedings of the Inam Commissioner or any of his
Assistants, in exercise of the authority conferred on them respectively by this Section, shall be made under
the second Rule of Schedule A. annexed to this Act, and shall not be cognizable by any other authority or
in any other manner than as therein specified.
**VI. Bribery, extortion, and generally all acts of abuse, or misapplication of authority, or other**
misconduct, committed by any Officer belonging to the Establishment of the Inam Commission, or
temporarily employed therein under the provisions of this enactment, shall be punishable as criminal
offences with fine and ordinary imprisonment without labour for a period not exceeding five years, and the
receipt of a present, directly or indirectly, by any such Officer from any person against whom or in whose
behalf he may be officially employed, shall be considered extortion. And no penalty or punishment
adjudicated under this Clause shall preclude any other Civil prosecution to which the offender may be
liable.
**VII. No decision or order of the Inam Commissioner, or of any of his Assistants, or of the Governor in**
Council, under the provisions of this enactment, so long as the same shall be in force under such provisions,
shall be questioned or avoided in any Court of Law; and no Commissioner or Assistant Commissioner, or
-----
other person acting under the provisions of this Act, shall be liable to be sued in any Civil Court for any
act bonâ fide done or ordered to be done by him in pursuance of the said provisions.
_________
-----
# SCHEDULE A
Rules for defining the duties of each Inam commissioner and his assistants
1. The duty of the Inam Commissioner and his Assistants shall be to investigate, in the manner
prescribed by this enactment, the titles of persons holding or claiming against Government the possession
or enjoyment of Inams or Jagheers, or any interest therein, or claiming exemption from the payment of
Land Revenue, and generally to act according to the instructions of Government in all matters not
specifically provided for in this enactment.
2. All orders of the Assistant Commissioners shall be appealable to the Inam Commissioner, who shall
also have the authority of revising and of modifying, reversing or annulling, if necessary, their orders and
proceedings, and the orders and proceedings of the Inam Commissioner shall be in like manner appealable
to, and subject to modification, reversal, or annulment by the Governor of Bombay in Council, whose orders
shall in every case be final.
3. The Inam Commissioner or his Assistants shall receive from the persons holding or claiming to hold
lands or any interest therein exempt from the payment of Revenue, statements explaining the nature of the
title by which the lands or interests are so held, and shall take and record the evidence offered in support of
such statements.
4. These statements may be received, either directly by the Officers of the Inam Commission, or through
the medium of the Revenue Authority of the Talooka in which the land or interest so held or claimed as
exempt is situated; or in which the alleged proprietor resides, without any previous procedure, except a
general invitation to such landholders of a District who shall hold or claim to hold lands exempt as aforesaid
to state the nature of their titles.
5. But when such general invitation is not sufficiently attended to, a notice may be issued to any party
holding or claiming to hold any lands or any interest therein wholly or partially exempt as aforesaid,
requiring him personally, or by his Agent, to shew his title. The notice issued in such cases shall state the
nature of the investigation which is intended, and shall call upon the alleged proprietor of the exempt lands
or interest held or claimed to be held exempt as aforesaid, to attend either personally or by an authorized
Agent, at a specified place, and within a specified period, (which shall never be less than two months from
the date of the notice being served,) to explain the nature of his title to hold such lands or interest exempt
as aforesaid, and to produce all the evidence forthcoming to prove it. The notice shall further explain that a
failure to comply with its terms will render the land, or interest to which it relates, liable to attachment.
6. The notice shall be served upon the party holding or claiming to hold the land or interest exempt as
aforesaid, or, if his place of residence be not known, upon the person acting for him, or in default of such,
upon the person in charge of the land or interest.
7. If such persons cannot be found, a notice shall be posted in the Office of the Native Revenue Officer
of the District, and in the Chouree, or most public place of the village, where the land or interest under
inquiry is situated, calling on any person who may claim as proprietor to appear, either personally or by his
Agent, to prove his title within six months from the date of the notice, under penalty of the attachment of
the land or interest, and on failure of the appearance of a claimant, the land or interest shall be liable to
attachment.
8. The attachment provided for by Rules 5 and 7 shall be enforced by the Collector or Chief Revenue
Authority of the District in which the land to which it relates is situated, at the written requisition of the
Inam Commissioner or his Assistant, which shall be a sufficient warrant to the Collector for the attachment
of the land, and for the collection of the rents accruing therefrom on account of Government during its
attachment.
9. As soon as possible after the receipt of the statements in each District, and of the evidence by which
they are supported, they shall be tested by the entries in the Government accounts and State records, and
-----
by any other evidence procurable, whether in favor of Government or of the claimants, and decisions shall
then be passed on them as to the continuance, resumption, or full or partial assessment of the lands.
10. In cases where the notices provided for in Sections V. and VII. fail to procure the attendance of the
persons to whom they are addressed, and no claimant appears to prosecute his claim, the Commissioner or
Assistant Commissioner shall proceed to ascertain the facts of the case from such evidence as may he
forthcoming or procurable, and shall pronounce such decision thereupon as to him shall seem just regarding
the lands or interests to which the notices referred.
11. An attachment enforced under Rule 8 shall be removed by the Collector or Chief Revenue Authority
by whom it was made, on receipt of a communication from the Inam Commissioner or his Assistant,
certifying that he considers the attachment to be no longer necessary; but the rents collected from the land
during its attachment shall in no case be restored to the alleged proprietor, except under the general or
special instructions of Government.
12. Certified copies of decisions, made according to the provisions of Rule 9, shall be delivered as soon
as possible after each decision is passed, to the persons on whose claims the decision shall have been
pronounced, or their agents; and copies of all decisions made in the absence of any claimant, according to
the provisions of Rule 10, shall he sent to the Mamlutdar, or other Revenue manager of the talook in which
the lands to which they relate are situated, who shall deliver them to the parties affected by them, should
they be discoverable, or otherwise cause them to be publicly posted in the village to which the lands in
question belong.
13. Decisions, affecting any lands or any interests therein, passed under this enactment, shall be carried
into execution by the Collector or Chief Revenue Authority of the District in which the lands to which they
relate are situated, at the requisition of the Inam Commissioner or his Assistant, in any manner which may,
from time to time, be prescribed by the Governor of Bombay in Council.
14. In all cases where a person may be desirous of appealing against any decision of the Inam
Commissioner or his Assistants, he shall apply by a petition, addressed to the Authority by whom, according
to Rule 2, his appeal is cognizable, which petition shall be presented to such Authority within one hundred
days from the date of the decree appealed against, a copy of which must accompany the petition of appeal,
and no appeal which is not so made shall be admitted, without proof of the existence of a just and necessary
cause for its not having been preferred in due time; and it is hereby provided, that no decree passed by the
Inam Commissioner or any of his Assistants, shall be liable to be set aside for want of form in the
proceedings, but only for matters affecting the justice of the decision.
**[SCHEDULE B](https://www.scconline.com/Members/BrowseResult.aspx#BS10)**
_[Rules for the adjudication of titles to estates claimed as Inam or exempt from payment of land](https://www.scconline.com/Members/BrowseResult.aspx#BS11)_
_revenue_
**1. Regarding Inams already declared permanent by competent authority since the introduction**
**of the present Government.—All lands held under a specific and absolute declaration by the British**
Government, or any competent officer acting under it, that they were to be continued hereditarily or in
perpetuity exempt, wholly or partially, from the payment of Revenue, are to be so continued according to
the purport of such declaration.
_Provision 1st.—If any question shall arise as to the competency of the officer to make or give such_
declaration as aforesaid, the Commissioner or Assistant Commissioner is to suspend his judgment, and
report the circumstances of the case to the Governor of Bombay in Council, to whom a power is hereby
reserved of determining finally whether such officer was competent to make or give such declaration, and
the Commissioner or Assistant Commissioner, upon receiving the determination of the said Governor in
Council, shall decide accordingly.
-----
**2.** **Regarding claims to per sonal Inams, not yet adjudicated under the present Government.—**
Any land held under a sunnud declaring it to be hereditary, shall be so continued according to the terms of
the sunnud.
_Provision 1st.—Provided that the grant was either made, or specifically recognized, by Authority_
competent to alienate Government Revenue in perpetuity, the question of which recognition and
competency is to be referred to and determined by Government in the manner prescribed by Provision 1[st],
Rule 1.
_Provision 2nd.—And provided that there be nothing in the conditions of the tenure which cannot be_
observed without a breach of the laws of the land, or the rules of public decency.
_Provision 3rd.—And provided that the grant was not afterwards revoked or disallowed, or an alteration_
of its terms ordered or recognized by a competent authority.
3. All lands uninterruptedly held as wholly or partially exempt from assessment for a period of sixty
years before the introduction of the British Government, and then in the authorized possession of a grandson
in male descent, or male heir of the body of such grandson of the original grantee, shall continue to be so
held so long as there shall be in existence any male heir of the body of the person who was incumbent at
the introduction of the British Government, tracing his lineage from such incumbent through male heirs
only.
4. All lands, uninterruptedly held as wholly or partially exempt from assessment, for a period of forty
years before the introduction of the British Government, and then in the authorized possession of a son, or
male heir of the body of a son of the original grantee, are to be continued for one succession further than
that of the person who was incumbent at the introduction of the British Government, that is, until the death
of his last surviving son.
_Provision 1st.—The authorized possession contemplated by Rules 8 and 4 does not involve the_
necessity of proving any specific authority from, or recognition by, the Government or Paramount Power.
The mere entry of the holding, as continued in the genuine accounts of the District Officers (even in those
not audited and passed by the Government of the time being), will be sufficient to bring it under the heads
of “uninterrupted” and “authorized” so far as regards the purposes of this Rule; provided only that there are
no entries in the Collectorate accounts, which shew that the holding of such lands exempt as aforesaid must
have been unauthorized by the Government or Paramount Power.
_Provision 2nd.—If there be not evidence forthcoming to disprove a claimant's assertion that his holding_
has been undisputedly enjoyed for the number of years and descents requisite to fulfil the conditions of
Rules 3 and 4 respectively, his prescriptive right shall be admitted.
Provision 3rd.—The introduction of the British Government is to be reckoned from the time the East
India Company became the Government or Paramount Authority over each District as regards its Inams. In
the Territories ceded by or conquered from the Peshwa, therefore, whether Khalsat Mahals or Serinjams,
&c., held exclusive of Inams, &c., the introduction of the British Government will date from the close of
that of the Peshwa. But in case of the lapse of an independent principality, or of a jagheer more ancient than
the Peshwa's Government, and over the Inams of which he did not claim any authority, the introduction of
the British Government should be reckoned only from the date at which the general management of the
Districts may have come into the hands of the Company, and in case any question shall arise as to the
precise date when the East India Company became the Government over any district, or when the general
management of any District came into their hands, such question shall be referred to and determined by
Government in the manner prescribed by Provision 1st, Rule 1.
6. Land held as wholly exempt from payment of Revenue, or on partial assessment, the possession of
which is not continuable under the preceding Rules, is to be resumed on the demise of the incumbent.
-----
_Provision 1st.—In case the incumbent at the time of the introduction of the British Government may_
have died, the permission to hold for life is to be extended to the person in whose name the land may be
continued, when the investigation is commenced, if there be no fraud apparent, nor other reason for
withholding this indulgence.
_Provision 2nd.—When land is evidently held by fraud recently committed, (as when an Inam which_
was resumed under the late Government has been re-occupied under the present Government without
authority, of as when a pretended Inam is found to have originated. Since the introduction of this
Government with the connivance of District or Village Officers), it shall be at once resumed, not being
continuable under this or any of the preceding Rules.
7. Regarding claims to Inams apparently permanent by the nature of the objects for which they
**are held, and not merely personal.—All lands held for the support of Mosques, Temples, or similar**
Institutions, of the permanent character of which there can be no doubt, are to be continued permanently,
even though their permanent continuance may not have been expressly provided for when they were
granted.
_Provisions 1st, 2nd and 3rd.—The same as the corresponding Provisions of Rule 2 of this Schedule in_
those cases in which Title Deeds or other Records proving the circumstances of the original grant, or its
specific recognition by competent authority, are forthcoming.
_Provision 4th.—When there is no proof forthcoming to shew whether or not an Inam, coming under_
the Provisions of this Rule, was granted, or even specifically recognized by a competent authority, still, if
it has been undisputedly enjoyed for a period of forty years before the introduction of the present
Government, it shall be permanently continued, and enjoyment proved by the mere entry of the Inam, as
continued in genuine accounts of the District Officers, (even in those not passed by the Government of the
time being,) is to be considered sufficiently “uninterrupted” to give an Inam the benefit of this provision, if
there be no entries in the Government accounts which shew that it must have been unauthorized by them.
_Provision 5th.—If the forthcoming records do not go far enough back to test the existence of enjoyment_
of the duration contemplated in Provision 4[th] as establishing full prescriptive title in such Inams, still, if so
far as they do go, they are not opposed to the claimant's assertion that sufficient enjoyment has taken place,
the prescriptive title of the Inam shall be admitted according to his assertions, unless there be other evidence
forthcoming to disprove them.
_Provision 6th.—The peculiar advantages of this Rule shall not apply to the holdings of individuals in_
their own names for the performance of ceremonial worship, claims to which must be decided under the
Rules for personal claims.
_Provision 7th.—When claims of the denomination coming under this Rule are found to be unsupported_
by proof of original valid title, and are proved void of sufficient prescriptive enjoyment, they are to be
adjudicated according to Rule 6.
**8. All lands authorizedly held by an official tenure which it is evident from local usage was meant to**
be hereditary, and has been so considered heretofore, even though there be no sunnuds declaring it to be
so,—for instance, Inams which form the authorized emoluments of any hereditary office, as of Kazees,
Tillage Joshees, &c., and are not merely personal,—are to be continued permanently.
_Provisions 1st, 2nd and 3rd.—The same as the corresponding Provisions of Rule 2 of this Schedule in_
those cases in which Title Deeds or other Records, proving the circumstances of the original grant, or its
specific recognition by competent authority, are forthcoming,
_Provision 4th.—When there is no proof forthcoming to shew whether or not an Inam, coming under_
the provisions of this Rule, was granted or even specifically recognized by competent authority, still if it
has been undisputedly enjoyed as an official and not merely personal holding from the earliest period to
-----
which the forthcoming evidence does relate, it shall be continued permanently as official emolument, unless
the claimant's own statement renders this course improper.
_Provision 5th.—The provisions of this Rule are not in any way to apply to emoluments continued for_
service performed to the State, as the Service Wuttuns of Desaees, Surdesaees, Nargowdas, Deshpandes,
Patells, Coolkurnees, Mhars, Tulwars, whose claims are to be disposed of according to the Rules which are
or may be established for the regulation of such holdings.
_Provision 6th.—It is to be understood that mere length of enjoyment of land as Inam by an official_
person is not of itself sufficient to entitle a claim to be brought under this Rule.
_Provision 7th.—If a holding, claimed under this Rule, be found incapable of permanent continuance_
under it, the claimant shall be allowed the advantages of any of the preceding Rules of this Schedule which
may be applicable to his case.
**9.** **Regarding Provision for the Widows of the last incumbents of resumed holdings.—On the**
resumption of any lands under the Rules of this Schedule a moiety, or other portion may be continued to
the Widows of the last incumbents during their lives, in cases of proved poverty and destitution.
_Provision 1[st].—In the case of a holding, which is recognizable as an hereditary personal Inam, the_
widow of a proprietor who dies without surviving male issue, or other heirs to whom his Inam will of
necessity descend, is by right his sole heir, and during her life, the Inam cannot be regarded as having lapsed
to Government: it should therefore, in such a case, he continued undiminished during the widow's life.
**10.** **Regarding the exception of certain tenures from the application of these Rules.—These Rules**
shall not be necessarily applicable to Jageers, Serinjams, or other tenures for service to Government, or
tenures of a Political nature, the titles and continuance of which shall be determined as heretofore under
such Rules as Government may find it necessary to issue from time to time.
**11. Regarding the modification and interpretation of these Rules.—Any of these Rules may be**
relaxed in favor of claimants under instructions from the Governor of Bombay in Council, in whom shall
also be vested the power of interpreting the precise meaning of any of the Rules respecting which a question
may arise.
-----
|
27-Feb-1852 | 14 | The Extending certain Acts to Straits Settlement , 1852 | https://www.indiacode.nic.in/bitstream/123456789/19543/1/a1852-14.pdf | central | # STRAITS SETTLEMENTS.
ACT No.XIV. OF 1852.
[Passed on the 27[th] February,1852.]
1. Extending Acts 24,1841 and 17,1843 to Straits Settlements.
2. Extending provisions of above Acts relating to Supreme Court to Court of Judicature of Straits
_Settlements._
An Act for extending the provisions of Acts XXIV.of 1841. and XVII. of 1843, to the Straits
Settlement.
Whereas doubts have been entertained whether Acts XXIV. of 1841. and XVII. of 1843, are in
force in the Settlement of Prince of Wales’ Islands, Singapore and Malacca; It is hereby enacted as
follows:
I. The Provisions of Acts XXIV. of 1841, and XVII. of 1843, shall be applicable and in force in the
said Settlement.
II. All provisions contained in Act XXIV. of 1841, and Act XVII. of 1843, relating to Her
Majesty’s Supreme Courts shall be applicable to the Court of Judicature of the said Settlement, and
shall be respectively construed as, if, instead of the words Her Majesty’s Supreme Courts, or Her
Majesty’s Supreme Courts of the repective presidencies, or the Supreme Court of each of the
Presidencies, the words, “the Court of Judicature of prince of Wales’ Island, Singapore and Malacca,”
had been therein mentioned.
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|
15-Apr-1853 | 06 | The Rent Recovery Act, 1853 | https://www.indiacode.nic.in/bitstream/123456789/19039/1/a1853-06.pdf | central | # THE RENT RECOVERY ACT, 1853
ACT NO. VI OF 1853
[Passed on the 15th April,1853.]
_Recites transfer of Summary Suit from Judge to Collector, &c. and doubts in certain cases. Enacts:_
1,2. If lands the subject of sale and under one tenure are situate in 2 Collectorates, the sale to be by
_Collector in whose jurisdiction the greater part lies; and (2) doubt as to the collectorate in which the_
_lands or greater part lie, to be decided by Board of Revenue._
3, 4, 5, 6. Defines the meaning of the word “Collectorate.” And (4) defines independent deputy to be
_a Collector; and (5) who is to be deemed an independent deputy; and (6) authorizes notice of sale to be_
_stuck up at cutcherry of independent deputy._
7. What powers an independent deputy may exercise, and within what parts.
8. Notices to be stuck up at the Adawlut of the Zillah in which sale is to be made.
9. Gives validity to orders, sales, & c. made by improper Collector, and to insufficient notices before
_this Act, unless proceedings to invalidate have been commenced._
10. Extends Act 25, 1850, and B.R. 8, 1819, s. 9, subject to modification under B.R. 7. 1832, s. 16.c.1,
_and Act 25, 1850, to all sales under Act 8, 1835._
# An Act relating to summary suits for arrears of rent, to sales of Putnee Talooks and other
saleable tenures, and to sales of land in satisfaction of Summary Decrees for rent.
Whereas, by Regulation VIII. 1831 of the Bengal Code, the hearing and decision of Summary
Suits or claims relating to arrears or exactions of rents were transferred from the Judges of the Zilah or City Courts to the Collectors of Land Revenue of the several districts; and whereas by Regulation VII. 1832 of the Bengal Code, the conduct of sales of Putnee Talooks and other saleable tenures under Regulations VIII.1819 and I. 1820 of the same Code, and the performance of other acts preparatory to, or connected with, such sales were transferred of the Collector or Deputy Collector, of Land Revenue, or Head Assistant to the Collector or Deputy Collector subject to an appeal as therein provided; and whereas by Act VIII. 1835, the power theretofore vested in the Judge of the Dewanny Adawlut of selling land satisfaction of Summary Decrees for rent was transferred to the Collectors of Land-Revenue, and it was enacted that all sales for the recovery of arrears of rent held under clause 7, section 15, Regulation VII. 1799, should be conducted by the Collector, his Deputy or duty authorized Assistant, and that ten days' notice should be given of such sales by advertisement to be stuck up at the Cutcherry of the Zillah Court or local Adawlut, and that of the Collector ; and whereas it is expedient that Act XXV. 1850, and Section IX. Regulation VIII. 1819, of the Bengal Code, as modified by Clause I, Section XVI. Regulation VII. 1832 of the same Code, and as altered by the said Act XXV. 1850, should be extended to sales under Act VIII. 1835; and whereas doubts may be entertained as to who ought to exercise the jurisdiction transferred by the abovementioned Regulations and Acts, where lands situate within the zillah or other district of one Collector, form part of an entire estate, paying revenue to the Collector of an another Zillah or district;In order therefore to avoid such doubts, and also to define who are the proper Officers to exercise such jurisdictions in cases where lands are situate in a district assigned to an independent Deputy Collector, and also in cases where lands held in putnee, or other tenure, at one entire rent are situate in two or more Collectorates, and to prevent any such decision or sale already made from being held invalid, upon the ground of its having been made by an Officer of a wrong district; It is enacted as follows:
**I. If the lands which may be the subject of any such sale, or to the rent of which any such suit may**
relate, be all situate in one Collectorate, the Collector of such Collectorate is the Collector to conduct the
sale, or to hear and decide the suit. If one Talook or tenure shall comprise lands situate in two or more
Collectorates, or if any lands situate in two or more Collectorates be held under one lease or engagement
-----
or at one entire rent, the Collector, in whose Collectorate the greater part of such lands shall be situate, is
the Collector to conduct the sale of such Talook, or tenure or of such lands, and to hear and decide any
summary suit relating to arrears or exactions of rent in respect thereof.
**II. If a Collector to whom application shall be made to exercise any of the powers above mentioned**
shall entertain any doubt as to whether the lands or the greater part of them are situate within his
collectorate, he shall report the case for the order of the Board to which he is subordinate, and, if ordered
by such Board to proceed in the matter, such order shall be conclusive upon the question of his
jurisdiction.
**III.** The word “Collectorate” in this Act means the zillah or other district to which a Collector is
appointed, and no lands situate beyond the limits of such zillah or district shall be deemed to be situate
within the Collectorate, by reason of their forming part of an estate paying revenue to the Collector
thereof.
**IV.** An independent Deputy Collector may, within his Deputy Collectorate, exercise all the powers
and jurisdictions of a Collector with which he may be entrusted, in the same manner and to the same
extent as a Collector may do within his Collectorate, and with reference to the exercise of such powers
and jurisdictions, his Deputy Collectorate shall be deemed a Collectorate, and he shall be deemed to be a
Collector within the meaning of this Act.
**V. An independent Deputy Collector is an Officer appointed by Government to act as Deputy**
Collector, independently of a Collector, whether his office is one for the receipt of revenue or not.A
Deputy Collectorate is the district within which an independent Deputy Collector is directed
by Government to act.
**VI. In cases of sales by an independent Deputy Collector, under the abovementioned Regulations or**
Act, any notice thereby required to be stuck up at the Cutcherry of the Collector, may be stuck up at
the Cutcherry of the Deputy Collector.
**VII. An independent Deputy Collector may exercise the powers assigned to him over any part of his**
Deputy Collectorate in public Cutcherry, in whatever part of his Deputy Collectorate the same may be
situate or held.
**VIII. Any notice required by the abovementioned Regulations or Act to be given by advertisement to**
be stuck up at the cutcherry of the Zillah Court or local Adawlut shall be stuck up at the Zillah Court or
local Adawlut within the jurisdiction of which the lands to be sold, or the greater portion of them, as the
case may be, shall be situate.
**IX. No order, decision, or sale, made in the discharge of any of the duties aforesaid, under any of the**
aforesaid Regulations, or under the aforesaid Act, before the passing of this Act, shall be disputed, or
deemed invalid, upon the ground that the Collector, Deputy Collector, or other Officer making the same,
was not the Collector, Deputy Collector or Officer of the proper district; or upon the ground that the
Cutcherry, at which notice of such sale was given, was not the Cutcherry of the proper district, unless
proceedings shall, previously to the passing of this Act, have been, commenced, for the purpose of
disputing the validity of such order, decision, or sale upon such ground.
**X.** Act XXV. 1850, and Section IX. Regulation VIII, 1819 of the Bengal Code, as modified by
Clause I, Section XVI. Regulation VII. 1832 of the same Code, except so far as the same has been altered
by the said Act XXV. 1850, are hereby extended to all sales under Act VIII. 1835.
________
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|
15-Jul-1853 | 11 | The Shore Nuisances (Bombay and Kotaba) Act, 1853 | https://www.indiacode.nic.in/bitstream/123456789/19040/1/a1853-11.pdf | central | # THE SHORE NUISANCES (BOMBAY AND KOTABA) ACT, 1853
ACT NO. XI OF1853
[Passed on the 15th July,1853.]
1. Empowers the Collector, & c. to require the removal of Nuisances, &c. in the harbor, &c. and in
_default to abate them himself._
2, 3, 4, _Authorizes the proprietor of the Nuisance on receipt of notice from Collector to apply by_
_petition to Supreme Court, to stop proceedings of Collector, &c. (3) the onus probandi to lie on petitioner_
_to prove his alleged right : (4) petition to be presented within a month, except under special_
_circumstances._
5. Prescribes mode of proceeding in case of no petition being presented or of petition being decided
_against petitioner._
7. Empowers Collector to sell materials of encroachment.
8. Save rights of E.I. Co. as trustees for the Crown, &c.
9. Defines the term “high water mark.”
Schedule. 1. Notice. 2. Warrant.
An Act to facilitate the removal of Nuisances and Encroachments below High-water Mark in the Islands
of Bombay and Colaba.
Whereas there is a large sea-shore in the Islands of Bombay and Colaba, and it is expedient, with a
view to the safe Navigation of the Harbour of Bombay, and to the public interests generally, to facilitate
the removal of nuisances, obstructions and enroachments below high-water mark in the said Harbour, or
upon or about the shores of the said Islands; it is enacted as follows:—
**I.** It shall be lawful for the Collector of Land Revenue at Bombay to give notice requiring the
removal of any nuisance, obstruction or encroachment anywhere below high-water mark in the said
Harbour of Bombay, or upon or about the shore of the said Islands;such notice shall be given by affixing
the same in some conspicuous place on or near to the encroachment, obstruction or nuisance complained
of, and by publication thereof in the _Bombay Government Gazette, andshall State that, unless the_
nuisance, obstruction or encroachment be removed or abated within one month, the same will be removed
or abated by the said Collector;such notice may be in the Form No. 1, in the Schedule to this Act annexed,
or to the like effect.
**II.** If any person shall deny the right of the said Collector to effect such abatement or removal, he
shall, within one month after such notice shall have been given as aforesaid, apply to the Supreme Court
of Judicature at Bombay by petition, setting forth the grounds of his alleged right and praying that the said
Collector may be restrained from causing such abatement or removal; andthe said Court may thereupon
(on the petitioner’s giving sufficient security for costs), fix a time for hearing and adjudicating upon such
petition, and given such directions, and make such orders as the said Court may think just, and the said
Court may also make an order for restraining the alleged nuisance, obstruction or encroachment from
being extended, or from being abated or removed by the said Collector, until after adjudication upon the
said petition, or the dismissal thereof for want of prosecution.
**III.** Upon the hearing of every such petition, the _onus of proving the alleged right shall be on the_
petitioner.
**IV. No person shall be allowed, after the expiration of such period of one month, to present any such**
petition as aforesaid, unless on satisfactory accounting to the said Court for the delay.
**V.** If no such petition shall be presented within the said period of one month, or if the same be
presented and determined against the right of the petitioner, or be dismissed for want of prosecution, it
shall be lawful for the Collector to cause such abatement or removal as aforesaid, by any person or
persons to be authorized by warrant under his hand, andsuch warrant may be in the Form No. 2 in the
Schedule to this Act annexed, or to the like effect; andthe said Collector, and any person acting under his
-----
warrant, shall not be answerable for any damage unavoidably occasioned in the removal of any such
nuisance, obstruction or encroachment.
**VI. The said Collector may sell the materials of any encroachment or obstruction removed under this**
Act, and may apply the proceeds of sale in or towards payment of the expenses of the removal, and, if any
surplus shall remain, the same be forfeited, and be paid and applied in such manner as the Governor of
Bombay in Council shall direct.
**VII. Nothing in this Act shall prejudice or affect the rights of the East India Company as trustees for**
the Crown in any part of the said Harbour, or of the sea-shore of the said Islands, or preclude or interfere
with any such proceedings, civil or criminal, for abating such nuisances and encroachments as aforesaid,
as might have been had if this Act had not been passed.
**VIII. The words “high-water mark” in this Act shall mean the ordinary line of high-water at monsoon**
tides.
# ________
-----
# SCHEDULE
**FORM NO. 1.**
Form No. 1.
NOTICE is hereby given by the Collector of Land-revenue in Bombay, under Act XI. of 1853, that
(describe the encroachment) is to be removed or abated within one month from the date hereof; otherwise
the same will be removed or abated by the said Collector under the authority of the said Act.Dated
the day of in the year of our Lord
(Signature of Collector.)
_________
Form No. 2.
This Warrant, granted by the Collector of Land-revenue in Bombay, under Act XI. of 1853, is to
authorize of to remove (describe encroachment).
_Dated_ (Signature of Collector.)
———
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|
10-Feb-1854 | 05 | The Bengal Bonded Warehouse Association Act, 1854 | https://www.indiacode.nic.in/bitstream/123456789/19036/1/a1854-05.pdf | central | # THE BENGAL BONDED WAREHOUSE ASSOCIATION ACT, 1854
ACT NO. V OF1854
[Passed on the 10th February,1854.]
1. Repeal ss. 12, 14, 32, and 37, of Act 5 of 1838.
2. Business to be managed by six Directors, three to be quorum.
3. Directors to go out of office before annual meeting of May in new election to be made then, and old
_Directors to be re-eligible._
4. Qualification of Director, 5 shares in his own right.
5. Ordinary General Meeting to be held twice a year, and when : and may declare dividend, but not
_out of capital._
_6. Empowers Association to make By-laws._
7. Corporation may be dissolved after 5 years from date of order to that effect, but no such order to
_be made till after 14th March, 1860._
An Act to amend Act No. V. of 1838, relating to the Bengal Bonded Warehouse Association.
Whereas the Bengal Bonded Warehouse Association are desirous that the provision of Act No. V. of
1838 should be amended, and it appears reasonable that such amendment should be made; It is enacted as
follows:
**I. Section XII. XIV., XXXII. And XXXVII. Of the said Act are hereby repealed.**
**II.The business of the said Association shall be managed by six Directors, three of whom shall from a**
quorum.
**III. The two Directors who are to go out of office by rotation in every year shall go out of office in**
the month of May, before the holding of the ordinary General Meeting of proprietors directed to be
holden in that month, and at such ordinary General Meeting two Directors shall be chosen, and the
Directors so going out of office or either of them shall be capable of being re-elected in the same year at
such General Meeting.
**IV.** No person shall be capable of being a Director of the said Association who shall not be a
proprietor in his own right of Five shares of the Capital Stock of the said Association.
**V. Ordinary General Meetings of the said proprietors shall be held at least twice in every year, that is**
to say, on the second Wednesday in the month of May, and the second Wednesday in the month of
November, and at every such ordinary Meeting the Directors of the said Association shall present a
Report in writing of the state of the affairs of the said Association and a balance sheet; and such General
Meeting may declare a dividend out of the profits of the said Association, provided that no dividend shall
be made which shall diminish the capital of the said Association.
VI. It shall be lawful for the said Association to make Bye-laws for the Regulation of its own
proceedings, which Bye-laws shall be binding only on its own Members and Officers, provided that no
such Bye-law shall be valid till its shall have been approved of by one extraordinary General Meeting of
proprietors specially convened for that purpose, provided also that no such Bye-law shall be valid till it
shall have been confirmed by the Governor of the Presidency of Fort William in Bengal.
# VII. At any time after the 14th day of march 1860, it shall be lawful for the Governor
General of India in Council by an order in council to direct that the said Association shall be dissolved at the expiration of five years from the date of such order, and such order shall of itself have the effect of dissolving the said corporation at the expiration of the said space of five years, except for the purposes mentioned in Section XXXIX., Act No. V. of 1838.
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|
28-Jul-1854 | 16 | The Police, Agra Act, 1854 | https://www.indiacode.nic.in/bitstream/123456789/19038/1/A1854-16.pdf | central | # THE POLICE, AGRA ACT, 1854
____________
# ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Sections III. and VII., Regulation XI. 1831, repealed.
# 2. Darogahs of Police to be subject to Tehseeldars. 3. Regulation XI. 1831, as amended, extended to Benares.
-----
# THE POLICE, AGRA ACT, 1854
ACT NO. XVI OF1854
1. Repeal ss. 3, and 7, of B. R. 11, 1831.
2.Places Darogahs in subordination to Tehseeldar in certain cases.
3.Extends B.R. 11, 1831, as amended to N.W. Provinces.
4. Qualification of Director, 5 shares in his own right.
An Act to amend Regulation XI. of 1831 of the Bengal Code.
[Passed on the 28th July,1854.]
Whereas the provisions of Section III. and Section VII. of Regulation XI. 1831, have been found
inconvenient, and whereas it is expedient that Regulation XI. 1831, as amended by this Act, should be
extended to the whole of the Provinces of Benares ; It is enacted as follows:—
**I. Sections III. and VII., Regulation XI. 1831, repealed.—Section III. and VII., Regulation XI.**
1831 of the Bengal Code are hereby repealed.
**II. Darogahs of Police to be subject to Tehseeldars.—Wherever any Tehseeldar shall have Police**
jurisdiction under the provisions of Section II. of the said Regulation XI. 1831, every Darogah of Police
hereafter appointed within the local limits of the police jurisdiction of such Tehseeldar, shall be
subordinate to, and subject to the control of such Tehseeldar, in his capacity of Chief Police Thannadar.
**III. Regulation XI. 1831, as amended, extended to Benares.—Regulation XI. 1831, as amended**
by this Act, shall extend to the whole of the Province of Benares, and all powers vested by the said
Regulation in the Governor General in Council, may be exercised by the Lieutenant-Governor of the
North-Western Provinces.
# __________
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|
27-Mar-1855 | 12 | The Legal Representatives Suits Act, 1855 | https://www.indiacode.nic.in/bitstream/123456789/2275/1/a1855-12.pdf | central | # THE LEGAL REPRESENTATIVES’ SUITS ACT, 1855
____________
ARRANGEMENT OF SECTIONS
_____________
Preamble.
SECTIONS
1. Executors may sue and be sued in certain cases for wrongs committed in lifetime
of deceased.
# 2. Death of either party not to abate suit. Proviso.
1
-----
1[THE LEGAL REPRESENTATIVES’ SUITS ACT, 1855]
# ACTNO. 12 OF 1855
[27th March, 1855.]
# An Act to enable Executors, Administrators or Representatives to sue and be sued for certain
wrongs.[2]
**Preamble.—WHEREAS it is expedient to enable executors, administrators or representatives in**
certain cases to sue and be sued in respect of certain wrongs which, according to the present law, do not
survive to or against such executors, administrators or representatives; It is enacted as follows:—
**1. Executors may sue and be sued in certain cases for wrongs committed in lifetime of**
**deceased.—An action may be maintained by the executors, administrators or representatives**
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
This Act has been declared to be in force in the whole of India, except Part BStates and the Scheduled Districts, by the
Laws Local Extent Act, 1874 (15 of 1874), s. 3.
The Act has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2andthe
First Schedule (w.e.f. 1-7-1965) and to the (Union Territory of Pondicherry by Act 26 of 1968, s. 3, and
Schedule.
The Act came into force in the State of Sikkim on 1-9-1984 vide Notifn. No. S. O. 653(E), dt. 24-8-1984.
It has also been declared in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of
1936), s. 3 and the Schedule.; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and
Sch.; and in the SonthalParganas by the SonthalParganas Settlement Regulation, 1872 (3 of 1872), s. 3.
It has been declared, by notification under s. 3(a)of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the
following Scheduled Districts, namely:—
West Jalpaiguri _See Gazette of India,_ 1881, Pt. I, p. 74.
The Districts[-]of Hazaribagh,
Lohardaga(now the Ranchi
Disrtict, see Calcutta Gazette, 1899, Pt. I, p.
44), and Manbhum, and ParganaDhalbhum
and the Kolhan in the District of
Singbhum . . . . Ditto 1881, Pt. I, p. 504.
The Scheduled portion of
TheMirzapur District . Ditto 1879, Pt. I, p. 383.
JaunsarBawar . Ditto 1879, Pt. I, p. 382.
The District of Lahaul Ditto 1886, Pt. I, p. 301.
The Scheduled Districts of
the Madhya Pradesh . Ditto 1879, Pt. I, p. 771.
The Scheduled Districts inGanjam and Vizagapatam Ditto 1898, Pt. I, p. 870.
Assam (except the NorthLushai Hills) Ditto 1897, Pt. I, p. 299.
The Porahat Estate in theSingbhum District Ditto 1897, Pt. I, p. 1059.
It has been extended, by notification under s. 5 of the last-mentioned Act, to the following Scheduled Districts,
namely:—
Kumaon and Garhwal . _See Gazette of India,_ 1876, Pt. I, p. 606.
TheTarai of the Province of Agra Ditto 1876, Pt. I, p. 505.
It has been extended to the New Provinces and Merged States,see Act 59 of 1949, and to the States of Tripura, Manipur
and Vindhya Pradesh, see Act 30 of 1950.
2. See the CivilProcedure Act, 1833 (3 and 4 Will. 4, c. 42), s. 2.
2
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of any person deceased, for any wrong committed in the time of such person, which has
occasioned pecuniary loss to his estate, for which wrong an action might have been
maintained by such person, so as such wrong shall have been committed within one year
before his death [1]***; and the damages, when recovered, shall be part of the personal estate
of such person;
and further, an action may be maintained against the executors or administrators or heirs
or representatives of any person deceased for any wrong committed by him in his lifetime
for which he would have been subject to an action, so as such wrong shall have
beencommitted within one year before such person’s death 2 *** and the damages to
be recovered in such action shall, if recovered against an executor or administrator bound to administer
according to the English law, be payable in like order of administration as the simple contract debts of
such person.
**STATE AMENDMENTS**
**Karnataka**
**Amendment of Central Act XII of 1855.—Section 1 of the Legal Representatives’ Suits Act,**
1855 (Central Act XII of 1855) shall be renumbered as section 1A and before the section 1A
as so renumbered, the following section shall be inserted, namely:—
**“1. Short title and extent.—This Act may be called the Legal Representatives’ Suits Act,**
1855.
(2) It extends to the whole of the State of Karnataka”.
[Vide Karnataka 33 of 1978, s. 4].
**2. Death of either party not to abate suit. Proviso.—No action commenced under the**
provisions of this Act shall abate by reason of the death of either party, but the same may be
continued by or against the executors, administrators or representatives of the party deceased:
Provided that, in any case in which any such action shall be continued against the executors,
administrators or representatives of a deceased party, such executors, administrators or re presentatives may set up a want of assets as a defence to the action, either wholly or in part, in
the same manner as if the action had been originally commenced against them.
__________
1.The words “and provided such action shall be brought within one year after the death of such person” rep. by Act 9 of 1871, s.
2 and the First Schedule, see now the Indian Limitation Act, 1963 (36 of 1963).
2. The words “and so as such action shall be commenced within two years after the committing of the wrong” rep. by s. 2 and
the First Schedule ibid, see now Act 36 of 1963.
3
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|
27-Mar-1855 | 13 | The Fatal Accidents Act, 1855 | https://www.indiacode.nic.in/bitstream/123456789/2276/1/A1855-13.pdf | central | # THE FATAL ACCIDENTS ACT, 1855
_______
ARRANGEMENT OF SECTIONS
# _________
Preamble
SECTIONS
1. Short title and extent.
1A. Suit for compensation to the family of a person for loss occasioned to it by his death by
actionable wrong.
2. Not more than one suit to be brought.
Claim for loss to estate may be added.
3. Plaintiff shall deliver particulars, etc.
4. Interpretation clause.
1
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# THE FATAL ACCIDENTS ACT, 1855
ACT NO. 13 OF 1855[1]
[27th March, 1855.]
# An Act to provide compensation to families for loss occasioned by the death of a person
caused by actionable wrong.
**Preamble.—WHEREAS no action or suit is now maintainable in any Court against a person who, by**
his wrongful act, neglect or default, may have caused the death of another person, and it is often-times
right and expedient that the wrong-doer in such case should be answerable in damages for the injury so
caused by him. It is enacted as follows:—
2[1. Short title and extent.—(1) This Act may be called the Fatal Accidents Act, 1855.
(2) It extends to the whole of India [3][***].]
4[1A.] Suit for compensation to the family of a person for loss occasioned to it by his death by
**actionable wrong.—Whenever the death of a person shall be caused by wrongful act, neglect or**
default, and the act, neglect or default is such as would (if death had not ensured) have entitled the
party injured to maintain an action and recover damages in respect thereof, the party who would have
been liable if death had not ensued, shall be liable to an action or suit for damages, notwithstanding the
death of the person injured and although the death shall have been caused under such circumstances as
amount in law to felony or other crime.
5** * Every such action or suit shall be for the benefit of the wife, husband, parent and child, if any,
of the person whose death shall have been so caused, and shall be brought by and in the name of the
executor, administrator or representative of the person deceased;
and in every such action, the Court may give such damages as it may think proportioned to
the loss resulting from such death to the parties respectively, for whom and for whose benefit
such action shall be brought, and the amount so recovered, after deducting all costs and
expenses, including the costs not recovered from the defendant, shall be divided amongst the
before-mentioned parties, or any of them, in such shares as the Court by its judgment or decree
shall direct.
**2. Not more than one suit to be brought.—Provided always that not more than one action or suit**
shall be brought for, and in respect of the same subject-matter of complaint [6]***:
**Claim for loss to the estate may be added.—Provided that, in any such action or suit, the**
executor, administrator or representative of the deceased may insert a claim for, and recover any
pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default,
which sum, when recovered, shall be deemed part of the assets of the estate of the deceased.
**3. Plaintiff shall deliver particulars, etc.—The plaint in any such action or suit shall give a**
full particular of the person or persons for the whom, or on whose behalf, such action or suit shall
be brought, and of the nature of the claim in respect of which damages shall be sought to be
recovered.
1. The Act has been extended to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch., and to the Union
territory of Pondicherry by Act 26 of 1968, s. 3 and Sch.
2. Ins. by Act 3 of 1951, s. 3 and Sch (w.e.f. 1-4-1951).
3. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
4. Original s. 1 re-numbered as s. lA by Act 3 of 1951, s. 3 and Sch. (w.e.f 1-4-1951).
5. The words "And it is enacted further that" omitted by Act 10 of 1914, s. 3 and Second Sch. (w.e.f. 17-3-1914).
6. The words "and that every such action shall be brought within twelve calendar months after the death of such deceased person"
omitted by Act 9 of 1871, s. 2 and First Sch. (w.e.f. 24-3-1871). For limitation, _see_ now the Indian Limitation Act, 1963
(36 of 1963).
2
-----
**4. Interpretation clause.—The following words and expressions are intended to have the meanings**
hereby assigned to them respectively, so far as such meanings are not excluded by the context or by the
nature of the subject-matter; that is to say [1]*** the word “person”, shall apply to bodies politic and
corporate; and the word "parent" shall include father and mother and grand-father and grand-mother; and
the word "child" shall include son and daughter, and grand-son and grand-daughter and step-son and
step-daughter.
_________
1. Certain words omitted by Act 10 of 1914, s. 3 and Second Sch. (w.e.f. 17-3-1914).
3
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|
30-Nov-1855 | 32 | The Bengal Embankment Act, 1855 | https://www.indiacode.nic.in/bitstream/123456789/19037/1/a1855-32.pdf | central | # THE BENGAL EMBANKMENT ACT, 1855
ACT NO. XXXII OF 1855
[Passed on the 30th November, 1855.]
1. Repeal Bengal R. 6, 1806 and B.R. 11, 1829.
2. Defines what embankments are within the Act.
3. 4. Embankments to be under superintendent of embankments; to whom powers are given to take
_charge, &c. change, &c. and enlarge &c. the embankments._
5. Superintendent to give notice to Collector before he removes, changes or enlarges and embankment;
_who (cl. 2,) shall make proclamation; (cl.3,) hear objections, and pass orders if Collector and_
_Superintendent agree: and (cl.4,) orders appealable: (cl.5) subject to appeal, orders to be final._
6. Proprietors bound to maintain embankments, to pay for their maintenance, when.
7. Entitles persons sustaining damage from alterations, to compensation from Collector, and by civil
_action, and amount in admitted claims to be settled by arbitration; and (cl. 2,) provides for appointment of_
_arbitrators: (cl. 3) when there are several claimants : and (cl. 4,) for umpire, and (cl. 5,) for case of refusal_
_of arbitrator to act, &c.; and (cl. 6,) empowers Collector to enforce attendance of arbitrators; and (cl. 7,)_
_on default of arbitration may appoint new arbitrators; and (cl. 8,) to conduct the arbitration; (cl. 9.) and_
_award, and proceedings to be deposited in his office; and (cl. 10,) may defer payment in certain cases; and_
_(cl. 11,) award to be set aside only on grounds of corruption, &c. and (cl. 12,) gives costs to Government;_
_and (cl. 13,) fixes a measure of compensation; but (cl. 14,) excepts from these provisions certain cases of_
_compensation._
8. Provides for making sluices for landholders in embankments; (cl. 2,) officer to report on the proposed
_work; but (cl. 3,) applicant to pay the expense._
9. Sluices to be opened only by public officer, &c.
10. Authorizes the making of temporary water-courses, &c. through embankment.
11. Provides for specifications, &c. of works expense of which belongs to Zemindars, &c. and (cl. 2,)
_provides for accounts being kept._
12. Authorize Sup. to report to Collector houses, &c. the removal of which he deems necessary; and
_(cl. 2,) Collector to give notice to interested parties; and (cl. 3, 4 and 5,) jury to ascertain the value and_
_make award._
13, 14. After award Collector to give notice to parties concerned : and (14) in their default houses, &c.
_May be removed by Collector._
15, 16,17. Establishes penalty for obstructing the removal of houses, &c. and (16) for cutting, &c.
_ambankments; and (17) for damaging embankments by other means._
18. Gives jurisdiction under the Act to Deputy and Assistant Magistates.
19. Empowers Darogahs to inquire.
20. Orders of Magistrate, &c. appealable.
21. Interpretation clause.
# An Act relating to Embankments.
**Preamble. - Whereas the Regulations now in force for the maintenance embankments in the Territories**
under the Government of the Lieutenant-Governor of Bengal, have been found ineffectual for the intended
purposes thereof, and whereas it is desirable that provision should be made for the better supervision and
protection of the same it is enacted as follows:
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**I.** **Regulations Repealed.—Regulation VI. of 1806 and Regulation XI. of 1829, so far as they relate**
to the said Territories, are hereby repealed, except so far as they repeal the whole or part of any other
Regulation, and except as to acts done, offences committed, and liabilities incurred before the passing of
this Act.
**II. What is a public embankment within this Act.—The word “embankment” in this Act means an**
embankment for the purpose of excluding or retaining water; and every embankment which is now kept up,
or may hereafter be kept up, by the officers of the Government, at the expense either of Government or of
any private person, is a public embankment within the meaning hereof.
**III. Who to have superintendence of public embankments.—The Superintendence of the public**
embankments shall be entrusted, subject to the general orders Government, to an Officer who shall be
called the Superintendent of Embankments.
**IV.** **Clause 1.—Superintendent may take charge of any embankment which connecting public**
**_embankments, &c._** _— The Superintendent of Embankments may cause any Embankment which connects_
public embankments, or forms by junction with them part of a line of embankments, or is necessary for the
protection of the neighbouring country, to be taken charge of and kept up by the officers of the Crown.
**Clause 2.—** **_And remove private embankment endangering a public embankment.— He may also_**
cause any private embankment, which endangers the stability of a public embankment, or obstructs the
beneficial drainage of the country, to be removed.
**Clause 3.—** **_And Change line of any public embankment or make a new embankment.— He may_**
also, when necessary, change the line of any public embankment, or make a new embankment.
**Clause 4.—And enlarging embankment, etc.— He may also enlarge any public embankment, and do**
all acts necessary and proper for the maintenance thereof.
**VI.** **Clause 1.—** **_Before taking charge of private embankments, &c. Superintendent to give notice to_**
**_Collector, who shall issue a proclamation.— Before the Superintendent shall cause any of the works_**
mentioned in the first three clauses of the next preceding Section to be executed, he shall give notice in
writing to the Collector of the district of his intention so to do. Upon the receipt of such notice, the Collector
shall cause a proclamation to be issued, incorporating the substance of the notice, and calling upon all
persons interested, who may be desirous of showing cause against the execution of such works, to appear
before him on a certain day to be named therein.
**Clause 2.—** **_Publication of proclamation.— The proclamation shall be published by affixing the same_**
in the Cutcherry of the Collector, the Mal Cutcherry (if any) of the estate on which the works are intended
to be executed, and on some conspicuous spot in the neighbourhood thereof. The proclamation shall be
published not less than fifteen days before the day appointed for hearing the parties interested.
**Clause 3.— Procedure on appearance of parties.— The Collector shall hear the objections of any**
parties who may appear, and, after recording any evidence which they may adduce, shall communicate the
objections that may be made, together with his opinion thereon, to the Superintendent of Embankments. If
the Superintendent agrees in opinion with the Collector, he shall pass an order accordingly. If he differ from
the Collector, the case shall be referred to the Commissioner of Revenue, who shall pass such orders thereon
as he may deem fit.
**Clause 4. —** **_Appeal from orders of Superintendent and Commissioner of Revenue.— Every such_**
order passed by the Superintendent shall be appealable to the Commissioner of Revenue, and every order
of the Commissioner shall be appealable to the Board of Revenue ; but no appeal shall lie against any order
passed under this section, unless the same be presented within one month form the date of the order.
**Clause 5. —** **_Order not open to revision by Civil Court.—Subject to the right of appeal above-_**
mentioned and to the orders and control of Government, every order passed under this Section shall be final
and shall not be open to revision by any Civil Court, and shall be conclusive as to the necessity of any
works ordered to be executed.
**VI. Maintenance of private embankments taken charge of by the Officers of Government. —**
(1) Whenever the Superintendent of Embankments shall hereafter cause an embankment, which any person
is bound to keep up, to be taken charge of by the officers of Government, the expense of keeping up such
embankment shall be charge to such person, Provided that the amount so charged shall not exceed the
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reasonable expenses of keeping up an embankment in the size and description, which such person was
bound to keep up, notwithstanding the embankment shall have been enlarged or improved by the officers
of Government.
**VII.** **Clause 1. —** **_Compensation for damages sustained under this Act.— When the Superintendent_**
of Embankments shall enlarge or change the line of any embankment, or make a new embankment, or
cause an embankment to be removed, any person sustaining damages thereby, who, but for the passing of
this Act, would be entitled to compensation, may prefer his claim for such compensation to the Collector
of the District, at any time within twelve months after the execution of the work by which he is endamaged,
and the Collector thereupon shall report the case for the orders of the superior Revenue authorities. If the
claim be rejected, the claimant shall not be deprived, by reason of this Act, of any right which he might
otherwise have had, to recover such compensation by a civil action; but such action shall not lie, unless the
claimant shall have first preferred his claim to the Collector within the period above mentioned, nor unless
the suit be brought within a period of one year after notice to the claimant of its rejection. If the claim for
compensation be admitted by the Revenue authorities, and the amount of compensation cannot be agreed
upon, the same shall be settled by arbitration, in the manner hereinafter provided, and in no other manner,
unless by the consent of the claimant and of the superior Revenue authorities.
**Clause 2.—Appointment of arbitrator.—Unless the Collector and the claimant concur in the**
appointment of a single arbitrator, the Collector on the part of Government, and the claimant, shall each
appoint an arbitrator. The appointment shall be in writing, and neither of the said parties shall have power
to revoke the same without the consent of the other.
**Clause 3. —** **_Arbitrator how to be chosen when there are several claimants for compensation._** _—If_
there be several claimants for compensation in respect to the same injury, and they cannot agree in the
appointment of an arbitrator on their behalf, in that case each of them may nominate one person; and the
Collector shall choose by lot out of the person so nominated by the parties, or any of them a person to act
as arbitrator on behalf of the claimants. If only one person shall be so nominated, he shall be the arbitrator
on behalf of the claimants.
**Clause 4. —** **_Appointment of third arbitrator. — When more than a single arbitrator shall be appointed,_**
the arbitrators shall, before they enter upon the matters referred to them, nominate and appoint by writing
a third person to act with them as arbitrator; and in case the arbitrators shall neglect to appoint such third
arbitrator for a period of seven days after having been required so to do, the Collector may appoint such
third arbitrator. If the arbitrators differ in opinion, or if one of them, having received due notice of a meeting
of arbitrators, neglect to attend, any two arbitrators may make an award.
**Clause 5. —** **_Arbitrator refusing or becoming incapable to act, &c. — If any person, on being_**
appointed an arbitrator, shall refuse to act, or after accepting the appointment, shall die or become incapable
of acting, another person shall be appointed in his stead, in the same manner in which the first person was
appointed.
**Clause 6. —** **_Collector empowered to enforce attendance of arbitrators.— After the arbitrators have_**
accepted the appointment, the Collector shall be competent to exercise towards them such powers and
authority, for securing their attendance and the due completion of their award, as the said Collector may
legally exercise towards witness summoned before him, when acting judicially for the purposes of
compelling them to attend and give evidence.
**Clause 7. —** **_In default of award within a specified period, fresh arbitrators may be chosen.— If no_**
award to made within a period to be fixed for that purpose by the Collector, he may order that the matter
shall be referred to another arbitrator or other arbitrators, to be chosen in the same manner and subject to
the same rules as the first.
**Clause 8. —** **_Collector to furnish information to the arbitrators, and to enforce the attendance and_**
**_examination of witnesses, &c.— The Collector shall furnish to the arbitrators, or, so far as may be in his_**
power, procure for them, any information which his records or those of any public department may afford
connected with the subject of enquiry. He shall, on the application of the arbitrators, summon any witnesses
whom the arbitrators may call for, and whom the parties may not be able to produce before them without
such process, and require the persons so summoned to bring and produce before them all such books, papers,
deeds, writings, maps and plans as they shall require. He shall also cause the proper affirmation to be made
and signed by any witness whom the arbitrators may desire to examine upon affirmation, or he may
-----
empower the arbitrators to cause such affirmation to be made and signed before them. Any witness who
shall refuse or omit to appear when duly summoned by the Collector, or who shall appear but shall refuse
to make such affirmation, or who shall refuse to give evidence, shall be liable to the same punishment which
would be incurred under the law by a witness refusing to appear or give evidence before the Collector when
acting judicially. Any person giving intentionally and deliberately a false deposition under an affirmation,
in any case referred to arbitration as above, shall be held to be guilty of perjury, and shall be liable to the
penalties prescribed for that offence by law.
**Clause 9. —** **_Award of arbitrators.— On the close of the inquiry the arbitrators shall deliver a full and_**
complete award, which shall specify the amount of compensation and the party or parties entitled thereto.
The proceedings of the arbitration shall be deposited in the Collector's office; and every party interested
therein shall be entitled to a copy of the award on plain paper under the seal and signature of the Collector,
which copy shall be prima facie evidence thereof.
**Clause 10.** **—** **_Payment of compensation may in certain cases be deferred.— If the right to the_**
compensation awarded shall in any case be doubtful, or if there exists any ground which, in the judgement
of the arbitrators or of the Collector, render it improper to make immediate payment thereof to any of the
claimants, the amount shall be invested in Government securities, and held in deposit until one of the
claimants shall obtain an order of Court for the payment thereof.
**Clause 11. —** **_Reversal or alteration of award.— No award passed under this Section shall be liable_**
to be reversed or altered, except by the decision of a Civil Court on the ground of corruption or misconduct
of the arbitrators and no suit to set aside such an award shall be entertained, unless it be instituted within
three months from the date of the award. In case the award shall be reversed, the matter shall be referred to
another arbitrator or other arbitrators, to be appointed in the same manner as the first.
**Clause 12. —** **_Suits and proceedings against Government, except suits for reversal of awards, to be_**
**_dismissed with cost.— All suits and proceedings instituted against Government in any case in which_**
compensation has been awarded, except suits instituted for the reversal of awards as aforesaid, shall be
dismissed with costs. Proviso.- But nothing herein contained shall affect the right of any party to recover
the amount awarded from any person who may have received the same without any just title thereto.
**Clause 13.—Estimated value of benefit to be set off against compensation to be awarded.— In fixing**
the amount of compensation to which any person may be entitled by reason of any of the acts mentioned in
Clause 1 of this Section, the Court or arbitrators, as the case may be, shall take into consideration whether
any party to the suit or arbitration has derived or will derive, benefit from the act in respect of which the
compensation is claimed, and shall set off the estimated value of such benefit, if any, against the
compensation which would otherwise be decreed or awarded to that party.
**Clause 14.—The provisions of this Section not to apply to cases of compensation in respect to huts,**
**_trees, or crops. — The provisions of this Section shall not be held applicable to cases in which the_**
compensation to be made has reference only to huts, trees, or crops, which it may be necessary to remove
or destroy in enlarging or changing the line of a public embankment. In all such cases the officer in charge
of the public embankments of the district shall report to the Collector, and the Collector shall thereupon
proceed to value and make compensation for such huts, trees and crops, in the manner prescribed in
Section XII. of this Act.
**VIII.** **Clause 1. —Application by land-holder to have a sluice made in a public embankment.—If any**
land-holder, farmer, or cultivator be desirous of having a sluice made in any public embankment for the
purpose of drainage or irrigation, he shall make an application in writing to the Collector of the district in
which such embankment is situate. The application shall contain such particulars of the land to be drained
or irrigated as may enable the officers of the Crown to judge of the advantage which may be derived from
the work, and shall declare as regards an embankment maintained at the expense of the State, whether the
applicant is willing to bear such part, not exceeding half of the cost thereof, as may be determined by the
Provincial Government; and, as regards any other public embankment whether the applicant is willing to
defray the whole or such part of the cost incidental to and attendant on, the proposed work, as may be
determined as aforesaid.
**Clause 2. —** **_Officer in immediate charge of embankments to report on the proposed work.— The_**
Collector shall transmit such application to the Officer in charge of the embankments of the district, who
shall report his opinion thereon to the Superintendent of Embankments, and, if he be of opinion that
-----
compliance with the application is unobjectionable shall annex to his report a plan of the proposed work
and an estimate of the expense of its construction. The Superintendent of Embankments shall pass such
order thereon as he shall think fit, which order shall be final.
**Clause 3.—Upon the applicant engaging to the defray the cost, Collector may issue certificate.— If**
the construction of the proposed sluice receive the approval of the Superintendent of Embankments, the
Collector shall require the applicant to enter into a written agreement to defray the whole or half of the
expense or such portion thereof as may be determined under the provisions of Clause 1 of this section, as
the case may be, and, upon such agreement being executed, shall issue a certificate to the officer in charge
of the public embankments of the district to construct the sluice.
**IX. Opening of sluices. — Sluices constructed in any public embankment shall be opened only by, or**
with the permission of the officer of the immediate charge of the embankment, under such orders, either
general or special, as he may receive from the officer in charge of public embankments of the district or
from the Superintendent of Embankments.
**X. Officer in immediate charge of embankments may authorize temporary water-course, &c. to**
**be made. — Whenever any person is desirous that a temporary watercourse should be made through, or**
that a temporary roadway should be made over any public embankment, or that a temporary dam should be
constructed in any embanked river, he shall apply to the nearest officer of the Embankment Department,
who shall communicate the application to the officer in charge of the public embankments of the district,
and that officer shall pass such orders thereon as he shall think fit, subject to the control of the
Superintendent of Embankments. If the proposed work is to be executed by an officer of the Crown the
applicant, before the commencement of the work, shall enter into a written agreement to defray the expenses
of, and incidental to, making such roadway, or of making and closing or removing such watercourse or
dam. In any case of emergency the officer in immediate charge of an embankment, subject to such general
instructions as he may receive from the officer in charge of the embankments of the district, or from the
Superintendent of Embankments, may cause a temporary watercourse to be made through such
embankment.
**XI. Clause 1. Specifications and estimates for maintaining or improving embankments kept up at**
**_the expense of zamindars to be prepared annually, &c. — Specifications of the work and estimates of the_**
expense which may be required for the maintenance or improvement of embankments kept up at the expense
of zamindars or others shall be prepared as soon after the rains in each year as may be practicable. Copies
of the specifications and estimates shall be transmitted to the office of the Collector, and may be examined
by any person interested in the embankments. Notice of the receipt of the specifications and estimates shall
be posted up in the Collector's office ; and, should any objection be preferred by any such person within a
period of one month from the date of such notice, the Collector shall communicate the objection, with his
own opinion thereupon, to the Superintendent of Embankments, who shall pass such orders as may appear
to him reasonable and proper : Provided, however, that if the objection referred to the construction of sluices
or other new works, any person dissatisfied with the order of the Superintendent may appeal to the
Commissioner, who, subject to the orders of the Board of Revenue and of the Provincial Government may
disallow the construction of the work.
**Clause 2. —** **_Accounts to be forwarded to Collector, who may recover the amount as arrears of_**
**_Government revenue.— The accounts of the actual expense incurred in maintaining or improving_**
embankments kept up at the expense of zamindars or others and in constructing and repairing sluices and
making temporary watercourses or roadways through or over any public embankment, or executing any
other work the expense of which may be chargeable to individuals, shall be prepared as soon as possible
after the completion of such works, and shall, as soon as such accounts shall have received the sanction of
the Superintendent of Embankments, be forwarded to the office of the Collector, and may be there examined
by any person interested. Notice of the receipt of the accounts shall be posted up in the Collector's office;
and if, within one month from the date of such notice, any interested person shall object to the accounts, on
the ground either that the work charged for has not been performed, or that the whole sum charged has not
been expanded, or that the rates of charge are higher than the estimate, the Collector shall inquire into such
objection, and if the objection appears to be well founded, shall communicate the same with his opinion
thereon, to the Superintendent of Embankments. If the Superintendent concurs with the Collector, he shall
pass order accordingly; if he differs, the case shall be reported to the Commissioner whose decision shall
be final. When the objection shall have been finally disposed of, or, if no objection be preferred when a full
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month shall have elapsed from the date of notice, the Collector shall proceed to levy the amount from the
parties liable to pay the same by the process which is or may be in force for the recovery of arrears of
Government revenue.
**XII.** **Clause 1. —** **_Superintendent to report to Collector as to removal of buildings, etc._** **_— Whenever_**
the Superintendent of Embankments shall be of opinion that the removal of any houses, huts or other
buildings, situated between a public embankment and the river, is necessary, he shall make a report to that
effect, accompanied by a detailed statement of the houses, huts or other buildings to be removed, to the
Collector of the district in whose jurisdiction the land on which such houses, huts or other buildings stand,
is situated.
**Clause 2. — Collector to give notice to claimants.** **_— When such report is received the Collector shall_**
cause a notice, containing a general description of the houses, huts or other buildings proposed to be
removed, to be affixed in some conspicuous place upon the land, and to be published by proclamation in
the nearest bazar, calling on all persons claiming a right in such houses, huts or other buildings to appear
in person or by authorized agent at a place to be specified in the notice, on or before a given date, not being
less than fifteen days from the date of such proclamation, in order to make known the amount and particulars
of their claim to compensation to a jury to be appointed in the following manner.
**Clause 3. —** **_Selection of jury._** **_—The Collector shall direct a Deputy Collector or a Principal Officer_**
of his establishment to proceed to the spot, and thereto select three respectable inhabitants of the
neighbourhood, to form with himself, a jury for determine the value of the houses, huts or buildings, and,
if any dispute should arise, the rights of the claimants.
**Clause 4.** **—** **_Proceedings of jury._** **_—The jury shall assess the value of each house, hut or building_**
separately. If in any case they differ, the value shall be assessed according to the opinion of the majority ;
and, if they be equally divided, the Deputy Collector or other officer as aforesaid shall have a casting vote.
**Clause 5. — Award of jury .** **_—Having completed their proceedings, the jury shall make their award,_**
which shall contain a schedule of the houses, huts and buildings, the amount of value assessed on each and
the name of the person or persons entitled to receive the same. The award shall be final and conclusive and
not open to question in the Civil Court : Provided always that any person who was not present at the inquiry,
or whose claim may have been set aside by the jury, may institute a suit for the value of the property claimed
by him against the person to whom payment may have been made under the award.
**XIII. After award, Collector to give notice of payment, and to remove buildings, &c. in 30 days.—**
The Collector, on receiving the award, shall cause a notice to be affixed in some conspicuous place upon
the land, with a citation calling on the parties to appear before him or the Deputy Collector or other officer
aforesaid, in person or by authorised agent, at a certain time and place, and receive the amount so awarded,
and warning them to remove their houses, huts or other buildings within thirty days from the date of such
notice.
**XIV. Collector may remove buildings, &c., at the cost of the owners, in case they neglect to do so**
**themselves.** **_—If, on the expiration of the above stated period, the houses, huts, or other buildings shall_**
have not been previously removed, the Collector shall cause the same to be removed or levelled ; and if any
expense be incurred in removing or levelling the same, the Collector may sell the materials at public auction
in order to defray the charge, delivering any surplus that may remain to the owner.
**XV. Penalty for obstructing officer or person in discharge of duty.** **_— Whoever wilfully obstructs_**
any duly authorised person in removing or levelling any embankment, house, hut or other building shall be
liable to be imprisoned for any time not exceeding six months, with or without labour, at the discretion of
the Magistrate, or to fine not exceeding two hundred rupees, commutable, if not paid, to a period of
imprisonment not exceeding six months, or to both.
**XVI. Penalty for wilful damage to embankment by cutting, etc.** **_— Whoever wilfully, and without_**
due authority cuts through, or attempts to cut through, any embankment, whether public or private, or
destroys, or attempts to destroy, any such embankment, or open any sluice or water-course in any such
embankment, shall be liable, on conviction before a Magistrate, to be imprisoned for a term not exceeding
one year, with or without labour, or to a fine not exceeding two hundred rupees, commutable, if not paid,
to a period of imprisonment not exceeding one year, or to both ; or, if the Magistrate be of opinion that such
punishment is insufficient for the offence, he may commit the offender to the Sessions Court, in which case
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he shall be liable, on conviction, to imprisonment for a period not exceeding seven years, with or without
labour, or to fine, or to both.
**XVII. Penalty for other wilful damage.** **_—Whoever damages any public embankment by making any_**
dam or other obstruction for the purpose of diverting or opposing the current of an embanked river without
the permission of the officer in immediate charge of the embankment, or by refusing or neglecting to remove
any such dam or obstruction at the proper season, or by cutting or otherwise altering the banks of any
embanked river, or by removing the earth from such embankment, or by grazing or tethering any cattle or
animals on any such embankment, or by driving stakes into or cutting or rooting out grass growing on, such
embankment, or by any other wilful act destroys or diminishes the efficiency of such embankment shall be
liable, on conviction before a Magistrate, to simple imprisonment for a term not exceeding six months, or
to a fine not exceeding two hundred rupees, or to both.
**XVIII. Jurisdiction of Deputy or Assistant Magistrate under this Act.** **_—Any Deputy or Assistant_**
Magistrate may take cognizance of offences under this Act, and may punish offenders to the extent of the
power conferred upon him by the Regulations of the Bengal Code, and by the Acts of the Governor General
of India in Council with respect to the punishment of misdemeanors.
**XIX. Provision of Section XIII. Regulation XX. 1817 extended to this Act.** **_—The provision of_**
Section XIII. Regulation XX. Of 1817 shall extend to any charge or information of the offences specified
in Section XVI. of this Act ; and Darogahs and other Police Officers shall enquire into such offences in the
mode and subject to the provisions therein prescribed.
**XX. Right of appeal.** **_—All sentences and orders passed by a Magistrate, Deputy Magistrate or_**
Assistant Magistrate under this Act shall be appealable, subject to the general provisions which regulate
appeals.
**21. Interpretation.** **_—In the construction of this Act, words importing the singular number only shall_**
include the plural, and words importing the plural number only shall include the singular: words importing
the masculine gender only shall include females; the word “Collector” shall mean any Collector, Deputy
Collector or other Revenue Officer in independent charge of any district or portion of a district.
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