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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
-----
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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|
11-Apr-1856 | 09 | The Indian Bills of Lading Act 1856 | https://www.indiacode.nic.in/bitstream/123456789/2278/5/A1856-9.pdf | central | # THE INDIAN BILLS OF LADING ACT, 1856
_____________
ARRANGEMENT OF SECTIONS
__________
Preamble
SECTIONS
1. Rights under bills of lading to vest in consignee or endorsee.
2. Not to affect right of stoppage in transitu or claims for freight.
3. Bill of lading in hands of consignee, etc., conclusive evidence of the shipment as
against master, etc.
1
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1THE INDIAN BILLS OF LADING ACT, 1856
# ACT NO. 9 OF 1856
An Act to amend the Law relating to Bills of Lading.
[11th April, 1856.]
**Preamble.—WHEREAS** by the custom of merchants a bill of lading of goods being
transferable by endorsement, the property in the goods may thereby pass to the endorsee, but
nevertheless all rights in respect of the contract contained in the bill of lading continue in
the original shipper or owner, and it is expedient that such rights should pass with the
property; and whereas it frequently happens that the goods in respect of which bills of
lading purport to be signed have not been laden on board, and it is proper that such bills of
lading in the hands of a bona fide holder for value should not be questioned by the master or
other person signing the same, on the ground of the goods not having been laden as
aforesaid: It is enacted as follows:—
**1. Rights under bills of lading to vest in consignee or endorsee.—Every consignee**
of goods named in a bill of lading, and every endorsee of a bill of lading to whom the
property in the goods therein mentioned shall pass, upon or by reason of such consignment
or endorsement shall have transferred to and vested in him all rights of suit, and be subject
to the same liabilities in respect of such goods as if the contract contained in the bill of
lading had been made with himself.
**2. Not to affect right of stoppage** _in transitu_ **or claims for freight.—Nothing** herein
contained shall prejudice or affect any right of stoppage _in transit,_ _[2] or any right to claim_
freight against the original shipper or owner, or any liability of the consignee or endorsee by
reason or in consequence of his being such consignee or endorsee, or of his receipt of the
goods by reason or in consequence of such consignment or endorsement.
**3. Bill of lading in hands of consignee, etc., conclusive evidence of the shipment as**
**against master, etc.—Every** bill of lading in the hands of a consignee or endorsee for
valuable consideration, representing goods to have been shipped on board a vessel, shall be
conclusive evidence of such shipment as, against the master or other person signing the same,
notwithstanding that such good or some part thereof may not have been so shipped, unless
such holder of the bill of lading shall have had actual notice at the time of receiving the same
that the goods had not in fact been laden on board:
Provided that the master or other person so signing may exonerate himself in respect of
such misrepresentation, by showing that it was caused without any default on his part, and
wholly by the fraud of the shipper, or of the holder, or some person under whom the
holder claims.
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897), s. 2 and Sch.
This Act is based on the Bills of Lading Act, 1855 (18 and 19 Vict., c. 111).
It has been declared to be in force in the whole of India except Part B States and the Scheduled Districts, by the Laws Local
Extent Act, 1874 (15 of 1874), s. 3.
Extended to former Part B States by Act 18 of 1949, s. 4.
Extended to Union territory of Pondicherry by Act 26 of 1968, s. 3 and Sch.
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 district, see Calcutta Gazette, 1899, Pt. I, p. 44), and Manbhum, and
Pargana Dhalbhum and the Kolhan in the District of Singhbhurn, see Gazette of India, 1881, Pt. I, p. 504.
Assam (except the North Lushai Hills), see Gazette of India, 1897, Pt. I, p. 299.
2. As to stoppage in transit, see the Indian Contract Act, 1872 (9 of 1872), ss. 99-106.
2
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|
23-Aug-1856 | 18 | The Calcutta Land-Revenue Act, 1856 | https://www.indiacode.nic.in/bitstream/123456789/19028/1/A1856-18.pdf | central | # THE CALCUTTA LAND – REVENUE ACT, 1856
__________
ARRANGEMENT OF SECTIONS
_
__________
SECTIONS.
1. Regulations modified.
2. Collection of Stamp Duty in Calcutta to be ordinarily in charge of the Collector.
3. Collector may entrust any part of his duties to his Deputy.
-----
# THE CALCUTTA LAND – REVENUE ACT, 1856
ACT NO. 18 OF 1856
PASSED BY THE LEGISLATIVE COUNCIL OF INDIA.
(Received the assent of the Governor General on the 23rd August, 1856.)
# AN ACT relating to the administration of the Public Revenues in the Town of Calcutta.
**Preamble: —WHEREAS it is expedient that the Collector of Calcutta should have charge of the**
collection of the Stamp Duty within the town of Calcutta, and that he should have power to employ any
Deputy Collector subordinate to him, in the performance of any art of the duties of his office: — It is enacted
as follows: —
**I. Regulations modified : — Such part of Section VI, Regulation XII, 1826 of the Bengal Code, and**
such part of Section VI of a Rule Ordinance and Regulation for the Town of Calcutta, made and passed on
the 14[th] day of June 1827, as prescribe that an Officer being a Civil Servant of the Honorable Company
shall be specially appointed by the Governor General in Council to take charge of the collection of the
Stamp Duty within the City of Calcutta, are declared subject to the following modification.
**II. Collection of Stamp Duty in Calcutta to be ordinarily in charge of the Collector:** — The
collection of the Stamp Duty within the Town of Calcutta shall ordinarily, and unless the Lieutenant
Governor of Bengal shall otherwise direct, be in the charge of the Collector of Calcutta.
**III. Collector may entrust any part of his duties to his Deputy : — It shall be lawful for the Collector**
of Calcutta to employ any Deputy Collector subordinate to him, in the performance of any part of the duties
of his office under the said Regulation, or under Act XI of 1849, or Act XXIII of 1850; and all Rules,
Regulations, and Acts relating to the office of Deputy Collector, shall be of the same force within the Town
of Calcutta as in other parts of the territories subject to the Presidency of Fort William in Bengal.
_______
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|
9-Feb-1857 | 04 | The Tobacco Duty (Town of Bombay) Act, 1857 | https://www.indiacode.nic.in/bitstream/123456789/19100/1/A1857-4.pdf | central | THE TOBACCO DUTY (TOWN OF BOMBAY) ACT, 1857
________
ARRANGEMENT OF SECTIONS
**________**
**SECTIONS.**
1. Laws Repealed.
2. Municipal Duty on Tobacco intended for consumption in Bombay.
3. Municipal when payable.
4. Duty if not paid on importation, to be paid on removal from warehouse for consumption.
Remission of Municipal Duty on re-exportation.
5. Bombay a warehousing port for Tobacco.
6. Power for collection and enforcing payment of the Municipal Duty.
7. Tobacco not to be imported otherwise than by Sea. Landing places to be prescribed.
8. Exemption from Duty.
9. Permit necessary for removal of Tobacco. Proviso.
10. No Permit for removal from warehouse of less than a bale. Proviso.
11. License for retail sale of Tobacco.
12. What to be deemed a retail sale.
13. Retail sale to be only at the place mentioned in the license. Name of licensed dealer to be
affixed to shop.
14. Monthly returns of stock to be made by retail dealers.
15. Retail dealer to made entry in a book, of weight, &c., of all Tobacco received. Inspection of
book.
16. Search-warrant.
17. Power to arrest and detain. To search vehicles, &c.,
18. Confiscation of Tobacco illegally imported, removed, & e. Mitigation of penalty.
19. Penalty for illegal importation, removal, sale, or possession. Revocation of license.
20. Levy of fines, adjudication, and sale of confiscations.
21. Interpretation.
SCHEDULE A.
1
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# THE TOBACCO DUTY (TOWN OF BOMBAY) ACT, 1857.
_________
ACT NO. 4 OF 1857.
**_________**
**PASSED BY THE LEGISLATIVE COUNCIL OF INDIA.**
**(Received the assent of the Governor General on the 9[th] of February 1857.)**
AN ACT to amend the law relating to the duties payable on Tobacco, and the retail sale and warehousing
_thereof in the Town of Bombay._
**Preamble.— WHEREAS it is expedient to amend the Law relating to the duties payable on Tobacco**
and the retail sale and warehousing of that article in the Town of Bombay: It is hereby Preamble. enacted
as follows : —
**I. Laws repealed. — Chapters V, VI, VII and VIII of Regulation XXI. 1827 of the Bombay Code, and**
Act XXIV of 1850, are hereby repealed, but not so as to revive any other Regulation or Act thereby repealed.
**II. Municipal Duty on Tobacco intended for consumption in Bombay. — All Tobacco (except such**
small quantities as are hereinafter mentioned) imported from any place into the Town of Bombay and
intended for consumption therein shall be liable to a duty of seven Rupees and eight annas per maund of
forty seers of eighty tolas to the seer, which duty is hereinafter called the Municipal Duty; and such duty
shall be leviable in addition to any Customs Duty prescribed by Law.
**III. Municipal Duty when payable.** **—The said Municipal Duty may be paid at the option of the**
importer, either on the importation of the Tobacco, or after it has been warehoused as hereinafter provided.
**IV. Duty if not paid on importation, to be paid on removal from warehouse for consumption.**
**Remission of Municipal Duty on re-exportation. — If the said Municipal Duty is not paid on importation,**
the Tobacco shall be warehoused in a public of licensed warehouse within the meaning of Act XXV of
1836; and the importer shall pay such duty on the said Tobacco on its removal from the warehouse for
consumption in the said Town. When Tobacco so warehoused is re-exported to any place beyond the limits
of the said Town, the whole of the said Municipal Duty shall be remitted.
**V. Bombay a warehousing port for Tobacco. — The Port of Bombay shall, after the passing of this**
Act, be held to be a warehousing port within the meaning of Act. XXV of 1836, so far as regards the
warehousing of Tobacco; and the provisions of the said Act, so far as the same are applicable, shall be
applied to the warehousing of Tobacco in the said Town. The Import Duty in the said Act mentioned shall,
as to Tobacco, include the Municipal Duty leviable under this Act.
**VI. Powers for collection and enforcing payment of the Municipal Duty. —The Commissioner of**
Customs, Salt, and Opium, and Officers of Customs, shall have all the same powers and authorities for
collecting and enforcing payment of the said Municipal Duty in addition to the powers and authorities
specified in this Act, as they now have or shall have in respect of duties of Customs.
**VII. Tobacco not to be imported otherwise than by Sea. Landing places to be prescribed. —It**
shall not be lawful, without the permission of the Commissioner of Customs, Salt, and Opium, or other
Officer empowered by Government to grant such permission, to bring any Tobacco or any preparation
thereof into Bombay otherwise than by sea, nor to land the same at any other landing places than such as
may from time to time be prescribed by the Government of Bombay.
2
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**VIII. Exemption from Duty. —The foregoing provisions of this Act shall not be applicable to such**
small quantities of Tobacco (not exceeding in weight four seers of eighty tolas to the seer) as are intended
for the private consumption of the importer.
**IX. Permit necessary for removal of Tobacco. Proviso. — It shall not be lawful to remove any**
Tobacco from one place to another within the said Town, not to carry or convey the same on any
thoroughfare in the said Town, not to carry the same in any vessel or boat of less than forty candies burthen
in any of the creeks or waters adjacent to the said Town, without a Permit from the Commissioner of
Customs Salt and Opium, which Permit shall be in the form of Schedule A to this Act annexed, or to the
like effect :any such Permit shall be in force only between sunrise and sunset of the day for which it is
granted. Provided always, that it shall be lawful to convey without a Permit any Tobacco so far as may be
necessary for the lawful importation thereof according to the provisions of this Act, and also small quantities
of Tobacco, not exceeding in weight four seers of eighty tolas to the ser, for personal or domestic use.
**X. No Permit for removal from warehouse of less than a bale. Proviso. —No Permit shall be**
granted for the removal from warehouse of any quantity of Tobacco less than an entire bale or package.
Provided that, when Tobacco is to be removed for consumption in the said Town, the Commissioner of
Customs, salt and Opium may give permission to open any bale or package previous to removal, and to set
aside such portion thereof as may be refuse or waste ; and the said refuse or waste may be re-exported,
under the rules for the re-export of Tobacco, at any time within one month from the date of such permission,
or, if it be not so re-exported, may be destroyed by order of the Commissioner.
**XI. License for retail sale of Tobacco. —It shall not be lawful for any person to sell or offer for sale**
by retail any Tobacco in the said town without a license from the Commissioner of Customs, Salt and
Opium or other Officer duly empowered by Government in that behalf, which license shall be in force for
a period of twelve Calendar months from the date thereof, unless the person to whom the license is granted
shall be deprived thereof under the provisions of this Act. A fee of one Rupee shall be paid for every such
license.
**XII. What to be deems retail sale. —Any sale of Tobacco not exceeding in weight fourteen seers of**
eighty tolas to the seer shall be deemed to be a retail sale within the meaning of this Act.
**XIII. Retail sale to be only at the place mentioned in the license. Name of licensed dealer to be**
**affixed to shop. — It shall not be lawful for any licensed retail dealer in Tobacco to carry on the retail sale**
of the same, or to keep any store of the same, except at such shop or other premises as may be specified in
his license ; and the name of every retail dealer in Tobacco, together with the number of his license, shall
be written or painted in English, Guzerati, and Maharatti, in plain and legible characters of not less than
one inch in height, on a board to be affixed in a conspicuous manner in the front of the shop or premises
where such retail sale is carried on.
**XIV. Monthly returns of stock to be made by retail dealers. — Every retail dealer in Tobacco shall,**
on or before the tenth day a of each month, make to the Commissioner of Customs, Salt, and Opium, or
other Officers as aforesaid, a separate return for each shop or place of sale for which he holds a license,
showing the quantity of Tobacco on hand therein at the beginning of the preceding month, the quantity
received during such month, and the persons from whom, and the dates on which, he received it, and the
stock remaining at the close of such month; and any retail dealer who refuses or neglects to make such
return, or makes a false return, shall be liable be deprived of his license by the said Commissioner or other
Officer aforesaid, and to pay a fine not exceeding two hundred Rupees.
**XV. Retail dealer to make entry in a book, of weight, &c., of all Tobacco received. Inspection of**
**book. —Every retail dealer in Tobacco shall, on the same day on which he shall receive any Tobacco into**
any such shop or place of sale, enter in a book to be kept for that purpose, the weight of such Tobacco, the
day on which he receives the same, and the name of the person from whom, and the place from which, he
receives it ; and such book shall be open to the inspection of the Commissioner of Customs, Salt, and
3
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Opium, or other Officer as aforesaid, or of any person authorized by the Commissioner or such Officer to
inspect the same; and the Commissioner or other Officer or person as aforesaid inspecting the said book
may make any minute therein, or any extract therefrom, which he shall think fit ; and any retail dealer who
neglects or refuses to comply with the provisions of this Section, shall for every offence be liable to be
deprived of his license by the said Commissioner or other Officer as aforesaid, and to pay a fine not
exceeding two hundred Rupees.
**XVI. Search-warrant. —The Commissioner of Customs, Salt, and Opium, or other Officer as**
aforesaid, may issue a warrant under his hand and seal to any public Officer, commanding him to enter and
search between sunrise and sunset any building or place to be specified in the warrant in which Tobacco
may be deposited under the provisions of this Act, or in which the Commissioner or other Officers aforesaid
has been credibly in formed, which information shall be taken down in writing that Tobacco is deposited
contrary to the provisions of this Act, and to seize and take away from thence any Tobacco or other articles
subject to confiscation under this Act.
**XVII. Power to arrest and detain. To search vehicles, &c. —The Commissioner of Customs, Salt,**
and Opium, or other Officer as aforesaid, or any public Officer authorized by the Commissioner or such
Officer, may arrest and detain any person carrying or having charge of any Tobacco liable to confiscation
under this Act, and may detain and search any vessel or package, and any boat or vehicle, containing or
conveying, or supposed to contain or convey, any such Tobacco.
**XVIII. Confiscation of Tobacco illegally imported, removed, &c. Mitigation of penalty. —All**
Tobacco imported into the said Town or removed from one place to another or kept within the said Town,
or found in the possession of any person in the said Town selling or offering any portion thereof for sale,
contrary to the provisions of this Act, and every vessel in which such Tobacco is contained, and every
vehicle, boat, or animal employed with the consent and knowledge of the owner or his servant in conveying
the same—shall be liable to confiscation. Provided always, that it shall be lawful for the adjudicating Officer
to mitigate the penalty of confiscation herein provided, by commuting the same to the payment of any fine
not exceeding the value of the goods liable to confiscation; and every such fine may be enforced, if
necessary, by the sale of the goods liable to confiscation.
**XIX. Penalty for illegal importation, removal, sale, or possession. Revocation of license. —Any**
person, who shall illegally import, remove, or sell in the said Town, any Tobacco, or who shall knowingly
have in his possession any Tobacco subject to confiscation under this Act, shall be liable to a fine not
exceeding ten times the value of such Tobacco; and if the offender is a licensed retail dealer, he shall be
liable to be deprived of his license by the Commissioner of Customs, Salt, and Opium, or other Officer as
aforesaid.
**XX. Levy of fines and adjudication and sale of confiscations. —All confiscations and fines under**
this Act may be adjudicate and levied by any Magistrate of Police for the Town of Bombay. Goods adjudged
liable to confiscation shall be sold under warrant of the Magistrate.
**XXI. Interpretation. —The following words and expressions in this Act shall have the meanings**
hereby assigned to them, unless there be something in the context repugnant to such construction: —
The words “Town of Bombay” shall include all places within the Islands of Bombay and Colaba.
Words importing the singular number shall include the plural number, and words importing the plural
number shall include the singular number.
Words importing the masculine gender shall include females.
**__________**
4
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SCHEDULE A.
_Form of Permit._
No.
A. B. has been permitted to remove from (Custom House or licensed warehouse or shop No. _situated_
_in Kabadavie street to warehouse or shop No. in Bazar street) the under-mentioned quantity of Tobacco_
between sunrise and sunset on the day of in the year.
(Signed) --------------
_Commissioner of Customs, Salt, and Opium._
5
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|
4-Mar-1859 | 05 | The Bengal Ghatwali Land Act, 1859 | https://www.indiacode.nic.in/bitstream/123456789/19042/1/a1859-05.pdf | central | # THE BENGAL GHATWALI LAND ACT, 1859
# _______
# ARRANGEMENT OF SECTIONS
# ________
SECTIONS
1. Ghatwals of Beerbhoom to have the same right of granting leases as is allowed to other
proprietors of lands.
2. Court of Wards and Revenue authorities to have the like power in certain causes.
1
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# THE BENGAL GHATWALI LANDS ACT, 1859
# ACT NO. V OF 1859
Passed by the Legislative Council of India
(Received the assent of the Governor General on the 4th March, 1859.)
_An Act to empower the holder of Ghatwalee lands in the District of Beerbhoom to grant leases_
_extending beyond the period of their own possession._
**Preamble.—WHEREAS it has been held that the Ghatwals of the District of Beerbhoom who pay the**
revenue of their lands directly to Government under the provisions of Regulation XXIX. 1814 of the
Bengal Code have not the power of alienating their lands; and whereas, for the development of the
mineral resources of the country in which the said Ghatwalee lands are situate, and for the improvement
of the said lands, it is expedient that the power of granting leases for periods not limited by the term of
their own possession, should in certain cases be extended to the possessors of such lands; It is enacted as
follows: —
**I. Ghatwals of Beerbhoom to have the same right of granting leases as is allowed to other**
**proprietors of lands.—Ghatwals holding lands in the District of Beerbhoom under the provisions of the**
aforesaid Regulation, shall have the same power of granting leases for any period which they may deem
most conducive to the improvement of their tenures, as is allowed by law to the proprietors of other lands.
**Proviso. Provided that no lease of Ghatwalee lands for any** period extending beyond the life-time or
incumbency of the grantor of the lease shall be valid and binding on the successors of the grantor, unless
the same shall be granted for the working of mines, or for the clearing of jungle, or for the erection of
dwelling houses or manufactories, or for tanks, canals, and similar works; and shall be approved by the
Commissioner of the Division, such approval being certified by an endorsement on the lease under the
signature of the Commissioner.
**II. Court of Wards and Revenue authorities to have the like power in certain cases. —If any of**
the said Ghatwalee lands be at any time under the superintendence of the Court of Wards, or otherwise
subject to the direct control of the Officers of Government, it shall be lawful for the Court of Wards or the
Commissioner to grant leases for any such purpose as aforesaid; and every lease so granted shall be valid
and binding on all future possessors of the said lands, anything in the existing law to the contrary
notwithstanding.
_______
2
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|
4-May-1859 | 11 | The Bengal Land Revenue Sales Act, 1859 | https://www.indiacode.nic.in/bitstream/123456789/19227/1/a1859-11.pdf | central | # THE BENGAL LAND REVENUE SALES ACT, 1859
____________
ARRANGEMENT OF SECTIONS.
____________
# SECTIONS.
1. Laws repealed.
2. What is an arrear of revenue.
3. Latest day of payment.
4. In Sylhet, personal property of defaulters may in the first instance be distrained and sold.
5. Proviso in the case of certain descriptions of arrears.
6. Notifications of sale to be issued, and no tender after latest day of payment to stop the sale.
7. Notice to ryots, &.
8. Claims against Government held by a defaulter not to invalidate a sale.
9. Deposits receivable from persons not proprietors.
10.Separation of shares held in common, by the opening of a separate account.
11.Separation of shares consisting of specific portions of land, by the opening of a separate
account.
12. If objection be made, parties to be referred to the Civil Court.
13. Sale of separate shares.
14. Entire estate may be sold under certain conditions.
15. Deposit for the protection of an estate from sale.
16. Withdrawal of the deposit.
17. Estates under Court of Wards or attachment.
18. Estates may be specially exempted from sale.
19. Sales where to be made.
20. Adjournment of sales.
21. Order of selling.
22. Deposit on account of purchase money.
23. Full payment of purchase money.
24. Re-sale.
25. Appeals.
26. Annulment of sale in special cases.
27. Sales when final.
28. Certificate of sales.
29. Delivery of possession.
30. Liability of purchaser.
31. Application of purchase money.
32. Notification of annulment of sale.
33. Jurisdiction of Civil Courts in suits to annul sales.
34. Effects of annulment by decree of Court of sales under this Act.
35. If sale annulled purchase money to be refunded.
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36. Suit brought to oust a purchaser on the ground that the purchase was made for another
person, to be dismissen.
37. Rights of a purchaser of a permanently settled estate sold for its own arrears.
38. Registration of talookdaree tenurs created after settlement and held for terms of years.
39. Common and special registry.
40. Application for registry.
41. Procedure on application for common registry.
42. Procedure on application for special registry.
43. Registration of leases of certain lands.
44. Registration of old tenures.
45. Time for application for registry of tenures and farms.
46. Expenses of measurement, survey, or local enquiry.
47. Civil Court not competent to order entry in the special register.
48. Suit for the cancelment of the registry of a tenure or farm.
49. Proceedings of Revenue Authorities in the registration of tenures, &c.
50. Effect of entry in the special register.
51. Protection of talookdaree tenures pending enquity, in case of sale of parent estate for arrears
of revenue.
52. Rights of a purchaser of an estate not permanently settled sold for its own arrears.
53. Rights of a purchaser being a sharer in any estate.
And of a purchaser of an estate not sold for its own arrears.
54. Rights of purchasers of shares of estate.
55. Recovery of arrears due to defaulters.
56. Punishment for contempt.
57. Default in making deposit to be considered a contempt.
58. Government may purchase at a sale.
59. Fees and charges demandable by Collector.
60. Regulations VII. 1822 and IX. 1825 to be in force in certain estates.
61. Interpretation.
62. Application and commencement of this Act.
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# THE BENGAL LAND REVENUE SALES ACT, 1859
ACT NO. XI OF 1859.
PASSED BY THE LEGISLATIVE COUNCIL OF INDIA.
_(Received the assent of the Govenor Geneml on the 4th May 1859.)_
# An Act to improve the law relating to sales of Land for arrears of Revenue in the Lower Provinces under the Bengal Presidency.
WHEREAS it is expedient to discontinue the practice of obtaining the previous sanction of the Board
of Revenue to sales of estates for arrears of revenue, or other demands of Government, in the province of
Cuttack: and whereas it is just that a person having a lien upon an estate, and paying the money necessary
to protect it from sale for arrears of revenue, should be reasonably secured: and whereas it is expedient to
afford sharers in estates, who duly pay their shares of the Sudder jumma of their estates, easy means of
protecting their shares from sale by reason of the default of their co-sharers: and whereas it is expedient to
afford landholders, particularly absentees, facilities in guarding against the accidental sale of their estates
for arrears of revenue by reason of the neglect or fraud of their agents: and whereas it is expedient to
provide for the voluntary registration of dependent talooks existing at the time of settlement: and whereas
it is expedient to protect the holders of registered under-tenures created since the settlement, and not
resumable by the grantors or their representatives, from loss by the avoidance of their tenures on the
occasion of a sale of the superior estate for arrears of public revenue, when the arrears can be realized by
such sale: and to give absolute security to such tenures by special registry, when shown to be held at rents
sufficient for the security of the revenue : and it is therefore proper for the above and other purposes, to
improve the law relating to sales of land for arrears of revenue in the Provinces of Bengal, Behar and
Orissa: It is enacted as follows :—
**I. Laws repealed.—Regulation X. 1818 (relating to collection of the public revenue from proprietors**
_and farmers of land in the District of Cuttack, &c) is hereby repealed; and from the date of the passing of_
this law, Act I of 1845 (regarding sales of land for arrears of revenue), except in so far as it repeals other
laws, and except in regard to sales made or advertised, to arrears and other demands realizable, and to
suits commenced and acts done, under authority thereof—shall cease to have effect in the Lower
Provinces of Bengal.
**II. What is an arrear of revenue.—If the whole or a portion of a kist or instalment of any month of**
the era according to which the settlement and kistbundee of any mehal have been regulated, be unpaid on
the first of the following month of such era, the sum so remaining unpaid shall be considered an arrear of
revenue.
**III. Latest day of payment.—Upon the promulgation of this Act, the Board of Revenue at Calcutta**
shall determine upon what dates all arrears of revenue and all demands which, by the Regulations and
Acts in force, are directed to be realized in the same manner as arrears of revenue, shall be paid up in each
district under their jurisdiction, in default of which payment the estates ill arrear in those districts, except
as hereinafter provided, shall be sold at public auction to the highest bidder. And the said Board shall give
notice of the dates so fixed in the official Gazette, and shall direct corresponding publication to be made,
as far as regards each district in the language of that district, in the Office of the Collector or other Officer
duly authorized to hold sales under this Act, in the Courts of the Judge, Magistrate, (or Joint Magistrate,
as the case may be,) and Moonsiffs, and at every Thannah station of that district; and the dates so fixed
shall not be changed except by the said Board by advertisement and notification, in the manner above
described, to be issued at least three months before the close of the official year preceding that in which
the new date is, or dates are, to take effect.
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**IV. In Sylhet, personal property of defaulters may in the first instance be distrained and sold.—**
Provided that in the district of Sylhet, the Collector may be authorized by the Board of Revenue to
proceed in the first instance by the distress and sale of the personal property of defaulters, instead of by
the sale of their estates.
**V. Proviso in the case of certain descriptions of arrears.—Provided always that no estate, and no**
share or interest in any estate, shall be sold for the recovery of arrears or demands of the descriptions
mentioned below, otherwise than after a notification in the language of the district specifying the nature
and amount of the arrear or demand, and the latest date on which payment thereof shall be received, shall
have been affixed for a period of not less than fifteen clear days preceding the date fixed for payment
according to Section III of this Act, in the Office of the Collector or other Officer duly authorized to hold
sales under this Act, in the Court of the Judge within whose jurisdiction the land advertised lies, and in
the Moonsiff’s Court and Police thannah of the division in which the estate or share of an estate to which
the notification relates is situated; or is the estate or share of an estate be situated within the jurisdiction of
more than one Moonsiff’s Court or Police Thannah, in some one or more of such Courts or Thannas ; and
also at the cutcherry of the malgoozar or owner of the estate or share of an estate, or at some conspicuous
place upon the estate or share of an estate, the same to be certified by the peon or other person employed
for the purpose.
_First. Arrears other than those of the current year, or of the year immediately preceding._
_Secondly. Arrears due on account of estates other than that to be sold._
_Thirdly._ Arrears of estates under attachment by order of any judicial authority, or managed by the
Collector in accordance with such order.
_Fourthly. Arrears due on account of tuccavee, poolbundee, or other demands not being land revenue,_
but recoverable by the same process as arrears of land revenue.
**VI. Notifications of sale to be issued, and no tender after latest day of payment to stop the**
**sale.—The Collector or other Officer duly authorized to hold sales under this Act shall, as soon as**
possible after the latest day of payment fixed in the manner prescribed in Section III of this Act, issue
notifications in the language of the district, to be affixed in his own Office and in the Court of the Judge
of the district, specifying the estates or shares of estates which will be sold as aforesaid, and the day on
which the sale of the same will commence, which day shall not be less than fifteen or more than thirty
clear days from the date of affixing the notification in the Office of the Collector or other Officer as
aforesaid. And if the Government revenue of any estate or share: of an estate to be sold, exceed the sum
of five hundred Rupees, a notification of the sale of such estate or share of an estate shall be published in
the official Gazette. Except as hereinafter provided, all estates or shares of estates so specific shall, on the
day notified for sale, or on the day or days following, be put up to public auction by and in the presence of
the Collector or other Officer as aforesaid, and shall be sold to the highest bidder. And no payment, or
tender of payment, made after sunset of the said latest day of payment, shall bar or interfere with the sale,
either at the time of sale or after its conclusion.
**VII. Notice to ryots, &c.—Whenever an estate or share of an estate is notified for sale as provided by**
Section VI of this Act, the Collector or other Officer as aforesaid shall affix a proclamation in the
language of the district, in his own Office, and as soon thereafter as may be in the Moonsiffs' Courts and
Police Thannahs within which the estate or share of an estate, or any part of it, is situated, and also at the
cutcherry of the malgoozar or the owner of the estate or share of an estate, or at some conspicuous place
upon the estate or share of an estate, forbidding the ryots and under tenants to pay to the defaulting
proprietor any rent which has fallen due after the day fixed for the last day of payment, on pain of not
being entitled to credit in their accounts with the purchaser for any sums so paid.
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**VIII. Claims against Government held by a defaulter not to invalidate a sale.—No claim to**
abatement or remission of revenue, unless the same shall have been allowed by the authority of
Government, and no private demand or cause of action whatever, held or supposed to be held by any
defaulter against Government, shall bar or render void or voidable a sale under this Act; nor shall the plea
that money belonging to the defaulter, and sufficient to pay the arrear of revenue due, was in the
Collector's hands, bar or render void or voidable a sale under this Act, unless such money stand in the
defaulter's name alone and without dispute, and unless, after application in due time made by the
defaulter, or after the written agreement provided for in Section XV of this Act, the Collector shall have
neglected, or refused on insufficient grounds, to transfer it in payment of the arrear of revenue due.
**IX. Deposits receivable from persons not proprietors.—The Collector or other Officer as aforesaid**
shall, at any time before sunset of the latest day of payment determined according to Section III of this
Act, receive as a deposit from any person not being a proprietor of the estate or share of an estate in
arrear, the amount of the arrear of revenue due, to be credited in payment of the arrear at sunset as
aforesaid, unless before that time the arrear shall have been paid by a defaulting proprietor of the estate.
And in case the person so depositing, whose money shall have been credited in the manner aforesaid,
shall be a party in a suit pending before a Court of Justice for the possession of the estate or share from
which the arrear is due, or any part thereof, it shall be competent to the said Court to order the said party
to be put into temporary possession of the said estate or share or part thereof, subject to the rules in force
for taking security in the cases of parties in Civil suits. And if the person so depositing, whose money
shall have been credited as aforesaid, shall prove before a competent Civil Court that the deposit was
made in order to protect an interest of the said person, which would have been endangered or damaged by
the sale, or which he believed in good faith would have been endangered or damaged by the sale, he shall
be entitled to recover the amount of the deposit, with or without interest as the Court may determine, from
the defaulting proprietor, And if the party so depositing, whose money shall have been credited as
aforesaid, shall prove before such a Court that the deposit was necessary in order to protect any lien he
had on the estate or share or part thereof, the amount so credited shall be added to the amount of the
original lien.
**X. Separation of sharesheld in common, by the opening of a separate account.—When a recorded**
sharer of a joint estate, held in common tenancy, desires to pay his shares of the government revenue
separately, he may submit to the Collector a written application to that effect. The application must
contain a specification of the share held in the estate by the applicant. The Collector shall then cause to be
published in his own Office, in the Court of the Judge, Magistrate (or Join Magistrate, as the case may
be,) and Moonsiffs, and in the Police Thannahs in whose jurisdiction the estate or any part thereof is
situated, as well as on some conspicuous part of the estate itself, a copy of the application made to him. If,
within six weeks from the date of the publication of these notices, no objection is made by any other
recorded sharer, the Collector shall open a separate account with the applicant, and shall credit separately
to his share all payments made by him on account of it. The date on which the collector his sanction to the
opening of a separate account, shall be held to be that from which the separate liabilities of the share of
the applicant commence.
**XI. Separation of shares consisting of specific portions of land, by the opening of a separate**
**account.—When a recorded sharer of a joint estate, whose share consists of a specific portion of the land**
of the estate, desires to pay his share of the Government revenue separately, he may submit to the
Collector a written application to that effect. The application must contain a specification of the land
comprised in his share, and of the boundaries and extent thereof, together with a statement of the amount
of sudder jumma heretofore paid on account of it. On the receipt of this application, the Collector shall
cause it to be published ill the manner prescribed for publication of notice in the last preceding Section. In
the event of no objection being urged by any recorded co-sharer within six weeks from the time of
publication, the Collector shall open a separate account with the applicant, and shall credit separately to
his share all payments made by him on account of it. The date on which the Collector records his sanction
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to the opening of a separate account, shall be held to be that from which the separate liabilities of the
share of the applicant commence.
**XII. If objection be made, parties to be referred to the Civil Court.—If any recorded proprietor of**
the estate, whether the same be held in common tenancy or otherwise, object that the applicant has no
right to the share claimed by him, or that his interest in the estate is less or other than that claimed by him,
or if the application be in respect of a specific portion of the land of an estate, that the amount of sudder
jumma stated by the applicant to have been heretofore paid on account of such portion of land, is not the
amount which has been recognized by the other sharers as the jumma thereof, the Collector shall refer the
parties to the Civil Court, and shall suspend proceedings until the question at issue is judicially
determined.
**XIII. Sale of separate shares.— Whenever the Collector shall have ordered a separate account or**
accounts to be kept for one or more shares, if the estate shall become liable to sale for arrears of revenue,
the Collector or other Officer as aforesaid in the first place shall put up to sale only that share or those
shares of the estate from which, according to the separate accounts, an arrear of revenue may be due. In
all such cases notice of the intention of excluding the share or shares from which no arrear is due shall be
given in the advertisement of sale prescribed in Section VI of this Act. The share or shares sold, together
with the share or shares excluded from the sale, shall continue to constitute one integral estate, the share
or shares sold being charged with the separate portion or the aggregate of the several separate portions of
jumma assigned thereto.
**XIV. Entire estate may be sold under certain conditions.—If in any case of sale held according to**
the provisions of the last preceding Section, the highest offer for the share exposed to sale shall not equal
the amount of arrear due thereupon to the date of sale the Collector or other Officer as aforesaid shall stop
the sale, and shall declare that the entire estate will be put up to sale for arrear of revenue at a future
date, unless the other recorded sharer or sharers, or one or more of them, shall within ten days purchase
the share in arrear by paying to Government the whole arrear due from such share. If such purchase be
completed, the collector or other officer as aforesaid shall give such certificate and delivery of possession
as are provided for in Sections XXVIII and XXIX of this Act, to the purchaser or purchasers, who shall
have the same rights as if the share had been purchased by him or them at the sale. If no such purchase be
made within ten days as aforesaid, the entire estate shall be sold, after notification for such period and
publication in such manner as if proscribed in Section VI of this Act.
**XV. Deposit for the protection of an estate from sale.—If any recorded proprietor or co-partner of**
an estate shall deposit with the Collector money, or Government securities, endorsed and made payable to
the order of the Collector, and shall sign an agreement pledging the same to Government by way of
security for the jumma of the entire estate and authorizing the Collector to apply to the payment of any
arrear of revenue that may become due from that estate the whole or any portion of the said money or
securities that may be necessary for that purpose, then in the case of any arrear of revenue due from the
said estate not being paid before sunset of the latest day of payment fixed under III of this Act, the
Collector shall apply to the payment of such arrear the said money or securities, as may be necessary ; and
for this purpose the Collector shall first apply any money that may be in his hands and any interest that
may be due upon such securities, and may then sell and transfer the securities, for any balance that may
remain, And so long as any money or securities as aforesaid, sufficient to cover any arrear that may fall
due, shall remain and he available as aforesaid, the estate for the protection of which the said deposit was
made shall be exempted from sale for arrears of revenue. All monies and securities so deposited shall be
exempt from attachment otherwise than in execution of a decree of a Civil Court.
**XVI. Withdrawal of the deposit.—It shall be competent to the person making a deposit under the**
provision of the last preceding Section, or his representative or assignee, at any time to withdraw the
deposit and to revoke the pledge of the same.
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**XVII. Estates under Court of Wards or under attachment—No estate shall be liable to sale for the**
recovery of arrears which have accrued during the period of its being. under the of the Court
of Wards; and no estate the sole property of a minor or minors and descended to him or them by the
regular course of inheritance duly notified to the Collector for the information of the Court of Wards, but
of which .the Court of Wards has not assumed the management under Regulation VI. 1822, shall be sold
for arrears of revenue accruing subsequently to his or their succession to the same, until the minor or
minors, or one of them, shall have attained the full age of eighteen years. And no estate held under
attachment by the revenue authorities otherwise than by order of a judicial authority, shall be liable to sale
for arrears accruing whilst it was so held under attachment. And no estate held under attachment or
managed by a Revenue Officer, in pursuance of an order of a judicial authority, shall be liable to sale for
the recovery of arrears of revenue accruing during the period of such attachment or management until
after the end of the year in which such arrears accrued.
**XVIII. Estates may be specially exempted from sale.—It shall be competent to the Collector or**
other Officer as aforesaid, at any time before the sale of an estate or share of an estate shall have
commenced, to exempt such estate or share from sale ; and in like manner it shall be competent to the
Commissioner of Revenue, at any time before the sale of an estate or share of an estate shall have
commenced, to exempt such estate or share from sale, by a special order to the Collector or other Officer
as aforesaid to that effect in each case; and no such sale shall be legal if held after· the receipt of such
order of exemption.
**Proviso.—Provided, however, and it is hereby enacted, that the Collector or other Officer as aforesaid**
or the Commissioner shall duly record in a proceeding the teas on for granting such exemption ; and
provided also that an order for exemption so issued by the Commissioner shall not affect the legality of a
sale which may have taken place before the receipt by the Collector or other Officer as aforesaid of the
order of exemption.
**XIX. Sales where to be made.—Sales shall ordinarily be made by the Collector or other Officer as**
aforesaid in the land revenue Office at the Sudder Station of the District: provided, however, that it shal1
be competent to the Board of Revenue to prescribe a place for holding sales other than such Office
whenever they shall consider it beneficial to the parties concerned.
**XX. Adjournment of sales.— In case the Collector or other Officer as aforesaid shall be unable from**
Sickness, from occurrence of a holiday, or from any other cause, to commence the sale on the day of sale
fixed as aforesaid ; or if, having commenced it, he be unable, from any cause, to
complete it; he shall be competent to adjourn it to the next day following, not being Sunday or other close
holiday, recording his reasons for such adjournment, forwarding a copy of such record to the
Commissioner of Revenue, and announcing the adjournment by a written proclamation stuck up in his
cutcherry ; and so on, from day to day, until he shall be able to commence upon, or to complete the sale;
but, with the exception of adjournments so made, recorded, and reported, each sale shall invariably be
made on the day of sale fixed in the manner aforesaid.
**XXI. Order of selling.—On the day of sale fixed according to Section VI of this Act sales shall**
proceed in regular order ; the estate to be sold bearing the lowest number on the towjee or register in use
in the Collector’s Office of the district being put up first, and so on, in regular sequence; and it shall not
be lawful for the Collector or other Officer as aforesaid to put up any estate out of its regular order by
number, except where it may be necessary to do so 011 default of deposit, as provided in Section XXII of
this Act.
**XXII. Deposit oil account of purchase money.—The party who shall be declared the purchaser of an**
estate or share of an estate at any such public sale as aforesaid, shall be required to deposit or
immediately or as soon after the conclusion of the sale of the estate at share as the Collector or other
Officer as aforesaid may think necessary, either in cash Bank of Bengal Notes or Post Bills or
Government Securities to be valued at the market rate of the day, duly endorsed, twenty percent on the
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amount of his bid and in default of such deposit, the estate or share shall forthwith be put up again and
sold.
**XXIII. Full payment of purchase money.—The full amount of purchase money shall be made good**
by the purchaser before sunset of the thirtieth day from that on which the sale of the estate or share of all
estate bought by him took place, reckoning that day as one of the thirty ; or if the thirtieth day be a
Sunday Or other close holiday, then on the first office day after the thirtieth: and in default of payment
within the prescribed period as aforesaid, the deposit shall be forfeited to Government, the estate or share
shall be resold, and the defaulting purchaser shall forfeit all claim to the estate or share, or to any part of
the sum for which it may subsequently be sold. And in the event of the proceeds of the sale which may be
eventually consummated being less than the price bid by the defaulting bidder aforesaid, the difference
shall be leviable from him by any process authorized for realizing an arrear of public revenue, and such
difference shall be considered to be a part of the purchase money and shall be dealt with in the manner
hereinafter prescribe for the disposal thereof.
**XXIV. Re-sale.—When default is made in the payment of purchase money a notification of the**
intended re-sale shall be published for the period and in the manner prescribed in Section VI of this Act,
but such notification shall not be published until the expiration of three clear days after the day on which
the default shall have occurred ; and if the Payment or tender of payment of the arrear on account of
which the estate or share was first sold, and of any arrear which may have subsequently become : due
shall be made by or on behalf of the proprietor of the estate or share before sunset of the third day, the
issue of the notification of re-sale shall be stayed. The rules contained in the last preceding Section shall
be applicable to every such re-sale. Provided that if default of payment of purchase money shall occur
more than once, the amount to be recovered from the defaulting bidders shall be the difference between
the highest bid and the proceeds of the sale eventually consummated, which amount may be levied in
manner aforesaid from any of the defaulting bidders to the extent of the amount by which his bid exceeds
the amount realized.
**XXV. Appeals.—It shall be lawful for the Commissioner of Revenue to receive an appeal against may**
sale made under this Act, if preferred to him on or before the fifteenth day from the date of sale,
reckoning as in Section XXIII, or if preferred to the Collector or other Officer as aforesaid for
transmission to the Commissioner, on or before the tenth day from the day of sale, and not
otherwise; and the Commissioner shall be competent in every case of appeal so preferred to annul any
sale of an estate or share of an estate made under this Act, which shall appear to him not to have been
conducted according to the provisions of this Act, awarding at compensation for his loss, if the sale shall
have been occasioned by neglect of the proprietor, such compensation not to exceed the interest, at the
highest rate of the current Government Securities of its being retained in the Collector’s Office ; and the
order of the Commissioner shall in such cases be final.
**XXVI. Annulment of sale in special cases.—It shall be competent to the Commissioner of Revenue,**
on the ground of hardship or injustice, to suspend the passing of final orders in any case of appeal from a
sale, and to represent the case to the Board of Revenue, who, if they see cause, may recommend to the
local Government to annul the sale ; and the local Government in any such case may annul the sale and
cause the estate or share of an estate to be restored to the proprietor on such conditions as may appear
equitable and proper.
**XXVII. Sales when final.—All sales of which the purchase money has been paid up as prescribed in**
Section XXIII of this Act, and against which no appeal shall have been preferred, shall be final and
conclusive at noon of the thirtieth day from the day of sale, reckoning the said day of sale as the first of
the said thirty days. And sales against which all appeal may have been preferred, and dismissed by the
Commissioner, shall be final and conclusive from the date of such dismissal, if more than thirty days from
the day of sale, or if less, then at noon of the thirtieth day as above provided.
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**XXVIII. Certificate of sales.—Immediately upon a sale becoming final and conclusive, the Collector**
or other Officer as aforesaid shall give to the purchaser a certificate of title in the form prescribed in
Schedule A annexed to this Act. And the said certificate shall be deemed in any Court of Justice sufficient
evidence of the title to the estate or share of an estate sold being vested in the person or persons named
from the date specified ; and the Collector shall also notify such transfer by written proclamation in his
own Officer and in the Courts of the Moonsiffs and Police Thannahs within whose jurisdiction any part of
the estate or share sold shall be situated.
**XXIX. Delivery of possession.—The Collector or other Officer as aforesaid shall order delivery of**
possession of the estate or share purchased to be made by removing any person who may refuse to vacate
the same, and by proclamation to the occupants of the property by beat of drum or in such other mode as
may be customary, at some convenient place or places; and by affixing a copy of the certificate at the
Mal cutchery or in some conspicuous place of the estate or share of an estate purchased.
**XXX. Liability of purchaser.—The party certified as the proprietor of an estate or share of an estate**
by purchase under this Act, shall be answerable for all instalments of the revenue of Government which
may fall due after the latest day of payment aforesaid.
**XXXI. Application of purchase money.—The Collector shall apply the purchase money first to the**
liquidation of all arrears due upon the latest day of payment from the estate or share of an estate sold; and
secondly to the liquidation of all outstanding demands debited to the estate or share of an estate in the
public accounts of the District; holding the residue, if any, in deposit on account of the late recorded
proprietor or proprietors of the estate share of an estate sold or their heirs or representatives to be paid to
his or their receipt on demand in the manner following : to wit, in shares proportioned to their recorded
interest in the estate or share of an estate sold, if such distinction of shares were recorded, or if not, then
as an aggregate sum to the whole body of proprietors upon their joint receipt. And if before payment to
the late proprietor or proprietors of any surplus that may remain of the purchase money, the same be
claimed by any creditor in satisfaction of a debt, such surplus shall not be payable to such claimant, nor
shall it be withheld from the proprietor, except under precept of a Civil Court.
**XXXII. Notification of annulment of sale.—The annulment by a Commissioner or by Government**
of a sale made under this Act shall be publicly notified by the Collector or other Officer as aforesaid, in
the same manner as the becoming final and conclusive of sales is required to be notified by Section
XXVIII of this Act; and the amount of deposit and balance of purchase money shall be forthwith returned
to the purchaser with interest thereon at the highest rates of the current public Securities; which shall be
paid by the Government, unless the proprietor shall have become liable for the same under the provisions
of Section XXV or Section XXVI of this Act.
**XXXIII. Jurisdiction of Civil Courts in suits to annul sales.—No sale for arrears of revenue or**
other demands realizable in the same manner as arrears of revenue are realizable made after the passing of
this Act, shall be annulled by a Court of Justice, except upon the ground of its having been made contrary
to the provisions of this Act, and then only on proof that the plaintiff has sustained substantial injury by
reason of the irregularity complained of: and no such sale shall be annulled upon such ground, unless such
ground shall have been declared and specified in an appeal made to the Commissioner under Section
XXV of this Act: and no suit to annul a sale made under this Act shall be received by any Court of Justice
unless it shall be instituted within one year from the date of the sale becoming final and conclusive as
provided in Section XXVII of this Act: and no person shall be entitled to contest the legality of a sale,
after having received any portion of the purchase money.
**Proviso.—Provided, however, that nothing in this Act contained shall be construed to debar any**
person considering himself wronged by any act or omission connected with a sale under this Act, from his
remedy in a personal action for damages against the person by whose act or omission he considers
himself to have been wronged.
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**XXXIV. Effects of annulment by decree of Courts of sales under this Act.—If a sale made under**
this Act be annulled by a final decree of a Civil Court application for the execution of such decree shall be
made within six months after the date thereof, otherwise the party in whose favor such decree was passed
shall lose all benefit therefrom. And no order for restoring such decreeholder to possession shall be
passed until any amount of surplus purchase money that may have been paid away by order of a Civil
Court be repaid by him, with interest at the highest rate of the current Government Securities. And if such
party shall neglect to pay any amount so recoverable, within six months from the date of such final
decree, he shall lose all benefit therefrom.
**XXXV. If sale annulled, purchase money to be refunded.—In the event of a sale being annulled by**
a final decree of a Court of Justice, and the former proprietor being restored to possession, the purchase
money shall be refunded to the purchaser by Government, together with interest at the highest rate of the
current public securities.
**XXXVI. Suit brought to oust a purchaser on the ground that the purchase was made for another**
**person, to be dismissed.—Any suit brought to oust the certified purchaser as aforesaid on the ground**
that the purchase was made on behalf of another person not the certified purchaser, or on behalf partly of
himself and partly of another person, though by agreement the name of the certified purchaser was used,
shall be dismissed with costs.
**XXXVII. Rights of a purchaser of a permanently settled estate sold for its own**
**arrears.— The purchaser .of an entire estate in the permanently settled Districts of Bengal, Behar, and**
Orissa, sold under this Act for the recovery of arrears due on account of the same, shall acquire the estate
free from all encumbrances which may have been imposed upon it after the time of settlement; and shall
be entitled to avoid and annul all under-tenures and forthwith to eject all undertenants, with the following
exceptions:
_First._ Istemraree or mokurreree tenures which have been held at a fixed rent from the time of the
permanent settlement.
_Secondly._ Tenures existing at the time of settlement, which have not been held at a fixed rent.
Provided always that the rents of such tenures shall be liable to enhancement under any law for the time
being in force for the enhancement of the rent of such tenures.
_Thirdly._ Talookdaree and other similar tenures created since the time of settlement and held
immediately of the proprietors of estates, and farms for terms of years so held, when such tenures and
farms have been duly registered under the provisions of this Act.
_Fourthly. Leases of lands whereon dwelling houses, manufactories, or other permanent buildings have_
been erected, or whereon gardens, plantations, tanks, wells, canals, places of worship, or burning or
burying grounds have been made, or wherein mines have been sunk.
And such a purchaser as is aforesaid shall be entitled to proceed in the manner prescribed by any law
for the time being in force for the enhancement of the rent of any land coming within the fourth class of
exceptions above made, if he can prove the same to have been held at what was originally an unfair rent,
and if the same shall not have been held at a fixed rent, equal to the rent of good arable land, for a term
exceeding twelve years; but not otherwise.
**Proviso.—Provided always that nothing in this Section contained shall be construed to entitle any**
such purchaser as aforesaid to eject any ryot having a right of occupancy at a fixed rent or at a rent
assessable according to fixed rules under the laws in force, or to enhance the rent of any such ryot
otherwise than in the manner prescribed by such laws, or otherwise than the former proprietor,
irrespectively of all engagements made since the time of settlement, may have been entitled to do.
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**XXXVIII. Registration of talook daree tenures created after settlement and held for terms of**
**years.—The following rules for the registration of talookdaree and other similar tenure created since the**
time of settlement, and held immediately of the proprietors of estates, and of farms for terms of years so
held, shall be observed.
**XXXIX. Common and special registry.—There shall be two sets of registers, one for common**
registry and one for special registry. Common registry shall secure such tenures and farms against any
auction purchaser at a sale for arrears of revenue except the Government. Special registry shall secure
such tenures and farms against any auction purchaser at a sale for arrears of revenue including the
Government.
**XL. Application for registry.—The holder of any talookdaree, other similar tenure, such as is**
described in Section XXXVIII of this Act, desirous of registering it, shall apply by petition to the
Collector of the District to which the estate belongs. The application shall state when description of
registry is desired, and shall contain the following particulars so far as the same are ascertainable:—
1. The Pergunnah or pergunnahs in which the tenure is situated.
2. The nature of tenure.
3. The name or names of the billage or villages whereof the land is composed, or wherein it is
situated.
4. The area of the land comprised in the tenure, with its boundaries in complete detail.
5. The amount of rent payable annually for the tenure, and whether the rent is fixed for a rent of
years or in perpetuity, and the duties, if any, required to be performed on account of it.
6. The date of the deed constituting the tenure, or the date when the tenure was created.
7. The name of the proprietor who created the tenure.
8. The name of the original holder of the tenure.
9. The name of the present possessor, and if he be not the original holder, the mode in which he
succeeded to the tenure, whether by inheritance, gift, purchase, or otherwise, and whether he holds
jointly or solely.
Holders of such farms as are described in the said Section may apply in like manner for registry of
the same. The application shall contain such of the foregoing particulars as are applicable to farms.
**XLI. Procedure on application for common registry.—When the application is for common**
registry, the Collector shall serve a notice on the recorded proprietor or proprietors of the estate in which
the tenure or farm is situated, or the authorized agent of such proprietor or proprietors, with a copy of the
application annexed; and shall cause a notice, with a copy of the application annexed, to be affixed in his
Office, and at the malcutcherry of the estate in which the tenure or farm is situated, or in such other place
or places as in the opinion of the Collector may be best suited to give publicity to the application,
requiring the proprietor or any party interested, within thirty days from the issue of the said notice, to file
any objections he may have to the registry of the tenure or farm, or to any statement contained in the
application. If within the limited time no objection is made, the Collector shall register the tenure or farm.
If within the limited time an objection is made any recorded proprietor, or by any party interested not
being a proprietor, the Collector shall examine the person so objecting or his authorized agent, and if it
shall appear to him that such person has probable, ground of objection, the Collector shall suspend
proceedings, and shall refer the parties to the Civil Court: otherwise he shall grant the application. If the
decision of the Civil Court be in favor of the applicant, the Collector, on the presentation of a copy of the
final decree, shall register the tenure or farm.
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**XLII. Procedure on application for special registry.—When the application is for special registry,**
the Collector shall serve and issue the notices prescribed in the last proceeding Section. If within the
limited time no objection is made, the Collector shall cause any enquiry that he may deem necessary for
the security of the Government revenue, to be made ; and if he is satisfied that the Government revenue of
the parent estate is sufficient secured so far as it may be affected by the tenure or farm in question, he
shall report the case to the commissioner, who, if also satisfied on that point, shall direct the tenure or
farm to be registered according to the application; otherwise the application shall be rejected. If within the
limited time any recorded proprietor or any party interested not being a proprietor object to the registry,
the Collector shall examine the person so objecting or his authorized agent, and if it shall appear to him
that such person has probable ground of objection, shall suspend proceedings, and shall refer the parties to
the Civil Court; otherwise he shall proceed as if no objection had been made. If the decision of the Civil
Court be in favor of the applicant, the Collector, on the presentation of a copy of the final decree, shall
proceed as above provided for cases in which no objection is made within the limited time.
**XLIII. Registration of leases of certain lands.—Leases of lands of the description specified in the**
fourth exceptional class in Section XXXVII, may be registered, at the option of the holders, in the manner
and under the rules hereinbefore provided for the registry of Talookdaree and other similar tenures.
**XLIV. Registration of old tenures.—Tenures of the first and second exceptional classes in Section**
XXXVII may be registered, at the option of the holders; and when so registered shall be entered only in
the special register. Application for such registry shall contain the particulars specified in Section XL so
far as the same are ascertainable, and notices shall be served and issued in the manner prescribed in
Section XLI. If within the limited time no objection is made by any recorded proprietor or by any party
interested not being a proprietor, the Collector shall make such enquiries as may be necessary to satisfied
him as to the validity of the tenure; and if the result be to satisfy him that the tenure is valid, he shall
report the case to the Commissioner, who, if also satisfied that the tenure is valid, shall direct it to be
entered in the special register; otherwise the application for registry shall be rejected. If within the limited
time any recorded proprietor or other party as aforesaid object to the registry of the tenure, the Collector
shall examine the person so objecting of' his authorized agent, and if it shall appear to him that such
person has probable ground of objection, shall suspend proceedings, and refer the parties to the Civil
Court; otherwise he shall proceed as if no objection had been made. If the decision of the Civil Court be
in favor of the applicant, the Collector, on the presentation of a copy of the final decree, shall proceed as
above provided for cases in which no objection is made within the limited time.
**Proviso.—Provided always that nothing contained in this Section shall be understood as rendering**
registration necessary for the protection of bond fide tenures of the description herein referred to.
**XLV. Time for application for registry of tenures and farms.—Application for registry existing**
tenures and farms must be made within three years after the passing of this Act Application for the
registry of tenures created after the passing of this Act must be made within three months from the date of
the deed constituting the tenure.
**XLVI.** **Expenses of measurement, survey, or local enquiry.—The actual expenses of any**
measurement, survey, or local enquiry made under Sections XLII and XLIV of this Act, shall be borne by
the party who applies for the registry of his tenure or farm; and such party may be required by the
Collector from time to time to make such advances on this account as he may consider necessary.
**XLVII. Civil Court not competent to order entry in the special register.—No Civil Court shall be**
competent to order the Revenue Authorities to enter any tenure or farm in the special register. Provided
always that the refusal of the Revenue Authorities so to register any tenure or farm shall not affect the
title of the holder whatever it may be.
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**XLVIII. Suit for the cancelment of the registry of a tenure or farm.— Subject to the general law**
of limitation, any person thinking himself wronged by the registry of a tenure or farm, may file a suit for
the cancelment of the same.
**XLIX. Proceedings of Revenue Authorities in the registration of tenures.—In the execution of**
their functions in the registration of tenures and farms under this Act, all subordinate Revenue Authorities
shall proceed in accordance with the general instructions which they may receive from the superior
Revenue Authorities to whom they are subordinate, and from the local Government; and all orders passed
under the Sections aforesaid shall be open to appeal in usual course. The order of a Commissioner for the
special registry of a tenure under the provisions of this Act, shall be open at any time within one year
from the date of registry to revision by the Board of Revenue or the local Government, on the ground of
the Government Revenue not having been sufficiently secured or of the invalidity of the tenure, as the
case may be.
**L. Effect of entry in the special register.—Entry in the special register shall be an effectual**
protection of the tenure or farm so registered, unless in a suit instituted by Government in a Civil Court
within the period allowed for suits for the recovery of the public revenue a decree be passed pronouncing
the registration to have been obtained by fraud, to the injury of the Government revenue. Provided that a
tenure or farm in the hands of a _bond fide_ purchaser for value shall not be avoided by reason of such
fraud. But the tenure or farm shall be liable to such amount of rent as would have been fair and equitable
at the time of the special registry thereof, such amount to be fixed by the Collector.
**LI. Protection of talookdaree tenures pending enquiry, in case of sale of parent estate for arrears**
**of revenue.—Tenures and farms of the third exceptional class described in Section XXXVII of this Act,**
for the special registration of which application shall be made within the prescribed time, and in respect of
which the Collector shall have commenced the enquiry prescribed in Section XLII, shall, in case of the
sale of the parent estate for arrears of revenue, be protected pending the duration of such enquiry, and
shall be protected eventually by registration, if the final award of the Revenue Authorities, upon such
application, be in favor of the claimant.
**LII. Rights of a purchaser of an estate not permanently settled sold for its own**
**arrears.— The purchaser of an estate in a district not permanently settled, sold under this Act for the**
recovery of arrears due on account of the same, shall acquire the estate free from all encumbrances which
may have been imposed upon it after the time of settlement, and shall be entitled to avoid and annul all
tenures which may have originated with the defaulter or his predecessors, being representatives or
assignees of the original engager, as well as all agreements with ryots or the like settled or accredited by
the first engager or his representatives, subsequently to the last settlement, as well as all tenures which the
first engager may, under the conditions of his settlement, have been competent to set aside, alter, or
renew, saving always and except leases of lands whereon dwelling houses, manufactories, or other
permanent buildings have been erected, or whereon gardens, plantations, tanks, wells, canals, places of
worship, or burning or burying grounds have been made, wherein mines have been sunk, which leases or
engagements shall, so as the land is duly appropriated to such purposes, and the stipulated rent paid,
continue in force and effect. Provided that nothing contained in this Section shall be construed to entitle
any purchaser of land at a public sale for arrears of revenue to demand a higher rate of rent from any
persons whose tenure or agreement may be annulled as aforesaid, than was demandable by the cases in
which such persons may have held their lands under engagements, stipulating for a lower rate of rent than
would have been justly demandable for the land, or in cases in which it may be proved that, according to
the custom of the pergunnah, mouzah, or other local division, such persons are liable to be called upon for
any new assessment, or other demand not interdicted by the regulations of Government.
**LIII. Rights of a purchaser being a sharer in any estate.—Excepting sharers in estates under**
butwarrah who may have saved their shares from sale under Sections XXXIII and XXXIV Regulation
XIX. 1814, and sharers with whom the Collector, under Sections X and Xl of this Act, has opened
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separate accounts, any recorded or unrecorded proprietor or co-partner, who may purchase the estate of
which he is proprietor or co-partner; or who by re-purchase or otherwise may recover possession of the
said estate, after it has been sold for arrears under this Act; and likewise any purchaser of an estate sold
for arrears or demands other than those accruing upon itself; shall by such purchase acquire the estate
subject to all its encumbrances existing at the time of sale and shall not acquire any rights in respect to
under-tenants or ryots, with were not possessed by the previous proprietor at the time of the sale of the
said estate.
**LIV. Rights of purchasers of shares of estate.—When a share or shares of an estate may be sold**
under the provisions of Section XIII or Section XIV, the purchaser shall acquire the share or shares
subject to all encumbrances, and shall not acquire any rights which were not possessed by the previous
owner or owners.
**LV. Recovery of arrears due to defaulters.—Arrears of rent which on the latest day of payment may**
be due to the defaulter from his under-tenants or ryots, shall, in the event of a sale, be recoverable by him
after the said latest day, by any process except distraint which might have been used by him for that
purpose on or before the said latest day.
**LVI. Punishment for contempt.—Any Collector or other Officer as aforesaid conducting a sale**
under this Act shall be competent to punish any contempt committed in his presence in open cutcherry or
office for the time being, by fine, to an extent not exceeding two hundred Rupees, commutable, if not
paid, to imprisonment in the Civil jail for a period not exceeding one month; and the Magistrate to whom
such an offender may be sent by a Collector or other Officer as aforesaid, shall carry his sentence into
effect. Provided that an appeal from any order passed under this Section shall lie to the Revenue
Commissioner, whose decision shall be final.
**LVII. Default in making deposit to be considered a contempt.—-A default to make good a bid by**
making the deposit required by Section XXII of this Act, shall be held to be a contempt.
**LVIII. Government may purchase at a sale.—When an estate is put up for sale under this Act for**
the recovery of arrears of revenue due thereon, if there be no bid, the Collector or other Officer as
aforesaid may purchase the estate on account of the Government for one Rupee, or if the highest bid be
insufficient to cover the said arrears and those subsequently accruing up to the date of sale, the Collector
or other Officer as aforesaid may take or purchase the estate on account of the Government at the highest
amount bid; in both which cases the Government shall acquire the property subject to the provisions of
this Act.
**LIX. Fees and charges demandable by Collector.—The Collector on the part of the Government**
shall be entitled to demand from applicants under Sections X and XI, Sections XV and XVI, and Sections
XL, XLIII, and XLIV of this Act, fees not exceeding the rates specified in Schedule B to this Act
annexed, which schedule shall be taken as part of this Act; and applications under the said Sections shall
not be received unless the said fees are tendered therewith.
**LX. Regulations VII. 1822 and IX. 1825 to be in force in certain estates.—The provisions of**
Regulation VII, 1822 and Regulation IX. 1825 shall be in force in every estate in any part of which a
measurement, survey, or local enquiry may be made under this Act; and in every estate purchased or
taken on account of Government under this Act.
**LXI. Interpretation.—In the construction of this Act the word “Collector” shall include a Deputy**
Collector or other Officer exercising by the authority of Government the powers of a Collector or deputy
Collector.
**LXII. Application of Act.—The operation of this Act shall be confined to such parts of the Lower**
Provinces in the Presidency of Fort William in Bengal as are or shall be subject to the general Regulations
of that Presidency.
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SCHEDULE A.
I certify that A. B has purchased under Act No. XI of 1859 the mehal (or share of a mehal) specified
below, standing in the towjee of the district of and that his purchase took effect on the day of (being the
day after that fixed for last day of payment).
(Signed) D E
_Collector_
__________
SPECIFICATION.
_(if of_ _an entire Mehal.)_
Towjee number
Name of Mehal
Name of the former proprietor
Sudder jumma
_(if of_ _a Share of a Mehal.)_
Towjee number of the entire Mehal
Name of the entire Mehal
Sudder Jumma of the entire Mehal
Description of the share sold
Subordinate Towjee number of the share sold
Name of the former proprietor of the share sold
Sudder Jumma for which the share sold is separately liable.
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SCHEDULE B.
Fees.
For filling an application under Section X or Section XI for opening a separate account for a share of
an entire estate.
If the annual jumma of the share do not exceed 250 Rupees, …………..25 0 0
If the annual jumma of the share exceed 250 Rupees and do not exceed 1000 Rupees, at the rate of ten
per cent upon the jumma.
If the annual jumma of the share exceed 1,000 Rupees, at the rate of ten per cent upon 1,000 Rupees,
and two per cent upon all above that amount.
For filing an application for a deposit of money or Government Securities under Section XV, half
percent. on the amount deposited.
For any interest on Government Securities so deposited, drawn by the Collector, half per cent. of the
amount drawn.
For filling an application for withdrawal of a deposit under Section XVI, half per cent. of the amount
withdrawn.
For filing an application under Section XL, XLIII, or XLIV for the registration of an under-tenure or
farm.
If the annual rent of the under-tenure do not exceed 500 Rupees, 25 0 0
If the annual rent of the under-tenure exceed 500 Rupees and do not exceed 1,000 Rupees, at the rate
of five per cent. upon the rent.
If the annual rent of the under-tenure exceed 1,000 Rupees, at the above rate up to 1,000 Rupees, and
at one per cent. upon all above that amount.
# ___________
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|
6-Jul-1859 | 24 | The Madras District Police Act, 1859 | https://www.indiacode.nic.in/bitstream/123456789/19099/1/a1859-24.pdf | central | # THE MADRAS DISTRICT POLICE ACT, 1859
# _______
# ARRANGEMENT OF SECTIONS
# ________
SECTIONS
1. Interpretation.
2. Laws repealed.
3. Jurisdiction of Officers appointed under Regulation XI, 1816.
4. Superintendence vested in Governor in Council.
5. Inspector-General of Police, &c.
6. Powers of Police, &c.
7. Inspector-General to be appointed a Justice of the Peace. To have the powers of a Magistrate but
to exercise such powers under the orders of Government. District Superintendent may be
appointed a Magistrate. In what cases he may act in that capacity.
8. Constitution of the Force.
9. Inspector-General to control Force and make rules.
10. Appointment and dismissal of Police Officers.
11. Police Officers to receive certificates of Office.
12. Police Superannuation Fund.
13. Additional Police Officers employed at the cost of Individuals.
14. Appointment of additional Force in the neighbourhood of Railway and other works.
15. Payment of money for support of additional Police Force.
16. Special Police Officers.
17. Powers of special Police Officers.
18. Refusal to serve.
19. Police Officers not to resign without leave or two months’ notice.
20. Unlawful assumption of Police functions, personation of Police, &c.
21. Duties of Police Officers.
22. Police Officer may arrest without warrant.
23. Persons arrested without warrant to be taken to Station House until brought before Magistrate or
bailed.
24. Release on bail.
25. Superior Officer of Police may take recognizance for appearance of prosecutor or witness.
26. Condition of recognizance.
27. Remands.
28. Entering drinking shops, &c. without a warrant.
29. Inspection of weights and measures.
30. Police Officer not to receive complaints of petty offences.
31. Police Officers may lay informations, &c.
32. All warrants &c. to be executed by Officers of the Police Force.
33. Warrant to be endorsed.
34. Service of summonses, &c.
35. Warrant without summons.
36. Notification of substance of warrant.
37. Warrant how to be executed.
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SECTIONS
38. No unnecessary restraint.
39. Breaking of outer door of window.
40. Breaking open Zenanah or female apartment.
41. Party arrested to be brought immediately to the authority mentioned in the warrant.
42. No threat or promise, to compel disclosure by party arrested.
43. Police Officer may require assistance. Penalty for refusal to assist.
44. Penalties for neglect of duty &c.
45. Penalty for receiving unauthorized fees, &c.
46. Penalty for extortion, &c.
47. Penalty for obstructing a Police Officer in the execution of his duty.
48. Certain duties of Police Officers within the limits of Towns. Obstructions and nuisances in roads.
49. Regulation of public processions, &c., and of carriages and persons at places of public resort.
Licenses for use of music in streets.
50. Jurisdiction.
51. Liability to prosecution for higher penalties not affected.
52. Levy of fines.
53. Limitation of action.
54. Plea that act was done under a warrant.
55. Operation of Act.
SHEDULE.
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# THE MADRAS DISTRICT POLICE ACT, 1859
# ACT NO. XXIV OF 1859
PASSED BY THE LEGISLATIVE COUNCIL OF INDIA
(Received the assent of the Governor General on the 6th September 1859.)
_An Act for the better regulation of the Police within the Territories subject to the Presidency of Fort_
_St. George._
**Preamble.—WHEREAS it is expedient to make the Police Force throughout the Madras Presidency a**
more efficient instrument at the disposal of the Magistrate for the prevention and detection of crime, and
to re-organize the Police Force and improve the condition of the Village Police: it is enacted as
follows: —
**I. Interpretation.—The following words and expressions in this Act shall have the meanings hereby**
assigned to them, unless there be something in the subject or context repugnant to such construction (that
is to say),
**“Magistrate.” — The word "Magistrate" shall include all persons, within their respective**
jurisdictions, exercising all or any of the powers of a Magistrate;
**“Subordinate.”—The word “Subordinate,” as applied to Police functionaries, shall mean**
District Superintendents and their Assistants.
**“Police.”—The word “Police” shall include General and Village Police, Cuttoobadies,**
Kavilgars, and all other persons, by whatever name known, who exercise any Police functions
throughout the Madras Presidency.
**“General Police District.” - The expression "General Police District" shall embrace all districts**
to which the operation of this Act shall be extended;
**“Property.” - The word "property" shall include any movable property, money or valuable**
security;
**Number.—Words importing the singular mumber shall include the plural number, and words**
importing the plural number shall include the singular number.
**Gender.—Words importing the masculine gender shall include females.**
**“Person.”—The word “person” shall include company or corporation.**
**“Month.”—The word** “month” shall mean calendar month.
**“Cattle.”— The word "cattle" shall, besides horned cattle, include elephants, camels, horses,**
asses, mules, sheep, goats and swine.
**II. Laws repealed.—The several Regulations and Acts mentioned in the Schedule hereunto annexed**
are hereby repealed and amended to the extent and in the manner therein set forth, within the limits of the
General Police District; except so far as they repeal the whole or any part of any other Regulation or Act,
and except as to any act or offence which shall have been done or committed, or to any fine or penalty
which shall have been incurred or to any proceedings which shall have been commenced, before this Act
shall come into operation : Proviso. Provided also that nothing in this Section shall be construed to affect
any judicial function or jurisdiction original or appellate, which by any existing law may be exercised by
any of the Officers mentioned in the enactments above repealed.
**III. Jurisdiction of Officers appointed under Regulation XI. 1816.—Nothing contained in this Act**
shall affect the powers of appointment given to Magistrates by Section XL of Regulation XI. 1816 of the
Madras Code or the jurisdiction or functions of Officers appointed under such powers, save only that no
Officer so appointed shall be competent to exercise any of the functions or duties of Executive Police
Officers.
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**IV. Superintendence vested in the Governor in Council.—The superintendence of the police**
throughout the General Police District shall vest in, and be exercised by the Governor in council, and,
except as authorized by him under the provisions of this Act, no person, Officer, or Court shall be
empowered to appoint, supersede, or control any Police functionary, any Regulation Act or usage to the
contrary notwithstanding.
**V. Inspector-General of Police, &c.—The administration of the Police throughout the General**
Police District shall be vested in an Officer to be styled the Inspector-General of Police for the Presidency
of Madras, and in such Subordinates as to the Governor in Council shall seem fit, who shall from time to
time be appointed by the Governor in Council, and may be removed by the same authority, and who shall
receive such salary as the Governor General of India in Council shall allow.
**VI. Powers of Police, etc.** **— All powers not inconsistent with the provisions of this Act which up to**
the passing of this Act belonged by law to the existing police authorities shall be vested in the Police
authorities appointed under this Act: Provided that always that no police functionary so appointed shall
possess or exercise any judicial or revenue authority.
**VII. Inspector-General to be appointed a Justice of the Peace. To have the powers of a**
**Magistrate but to exercise such powers under the orders of Government. District Superintendent**
**may be appointed a Magistrate. In what cases he may act in that capacity.—The Inspector-General**
of Police shall be appointed a Justice of the Peace; he shall also have the full powers of a Magistrate
throughout the General Police District, but shall exercise these powers subject to such orders as may from
time to time be issued by the Governor in Council. The Governor in Council may vest any District
Superintendent of Police with all or any of the powers of a Magistrate within such limits as he may deem
proper; but such Superintendent shall exercise the powers with which he shall be so invested only so far
as may be necessary for the peace, the prevention of crime, and the detection, apprehension, and detention
of offenders in order to their being brought before a Magistrate, and as far as may be necessary for the
performance of the duties assigned to him by this Act.
**VIII. Constitution of the Force.—The entire Police establishment of the Madras Presidency shall for**
the purposes of this Act be deemed to be one Police Force, and shall be formally enrolled, and shall
consist of such number of Officers and men, and shall be otherwise constituted in such manner, as shall
be from time to time ordered by the Governor in Council with the sanction of the Governor General of
India in Council.
**IX. Inspector- General to control Force and make rules.—The Inspector-General may from time**
to time, subject to the approval of the Governor in Council, frame such orders and regulations as he shall
deem expedient, relative to the general government and distribution of the Force, the places of residence,
the classification, rank, and particular service of the members thereof; their inspection ; the description of
arms, accoutrements, and other necessaries to be furnished to them ; to the collecting and communicating
intelligence and information ; and all such other orders and regulations relative to the said Police Force as
the said Inspector-General shall, from time to time, deem expedient for preventing abuse or neglect, and
for rendering such Force efficient in the Discharge of all its duties.
**X. Appointment and dismissal of Police Officers.—The appointment of all Police Officers shall,**
under such rules as the Governor in Council shall from time to time sanctions, rest with the InspectorGeneral of Police and the Deputy Superintendents, who may under such rules as aforesaid at any time
dismiss, suspend, or fine to any amount not exceeding one month’s pay, any Police Officer whom they
shall think remiss or negligent in the discharge of his duty, or otherwise unfit for the same.
**XI. Police Officers to receive certificates of Office.—Every person so appointed shall receive on his**
enrolment a certificate (A) under the seal of the Inspector-General, by virtue of which he shall be vested
with the powers, functions, and privileges of the Police Officer. Such certificate shall cease to have effect
whenever the person named in it is suspended or dismissed, or otherwise removed from employment in
the Police Force, and shall thereupon be immediately surrendered to his superior Officer, or other person
empowered to receive it.
**XII. Police Superannuation Fund.—There shall be deducted from the pay of every Police Officer of**
a class not entitled to the benefit of the Uncovenanted Service Pension Rules, a sum after such rate as the
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Governor in Council shall direct, not being a greater rate than one anna in the Rupee; which sum so
deducted and also the monies accruing from stoppages from the pay of Police Officers during absence
from sickness or other cause, and fines imposed on Police Officers for misconduct, and from fines
imposed by Magistrates and other upon drunken persons, or for assaults upon Police Officers, and all
monies arising from the sale of worn or cast-off clothing, or other articles supplied for the use of the
Police, or from any other miscellaneous sources which shall be permitted by the Governor in Council,
shall from time to time be invested in such manner and in such securities as the Governor in Council may
direct, and the interest and dividends thereof, or so much of the same as shall not be required for the
purposes herein mentioned, shall be likewise in vested as aforesaid, and accumulate, so as to form a Fund
to be called “The Police Superannuation Fund”; and shall be applied from time to time to the payment of
superannuation or retiring allowances, or gratuities, under such rules as may be passed by the said
Governor in Council : **Proviso.-provided always that any Police Officer may be dismissed or removed**
without superannuation allowance; and that no Police Officer shall be entitled or right to any allowance
from this Fund; or shall retain any right to a refund of any deduction made from him pay while he may
have been a Police Officer.
**XIII. Additional Police Officers employed at the cost of individuals.—It shall be lawful for the**
Inspector-General of Police, or any District Superintendent, if they shall think fit, on the application of
any person showing the necessity thereof, to depute any additional number of Police Officers to keep the
peace at any place within the General Police District, at the charge of the person making the application,
but subject to the orders of the said Inspector-General or District Superintendent and for such time as they
shall think fit; provided alays that it shall be lawful for the person on whose application such deputation
shall have been made, on giving one month’s notice in writing to the Inspector-General or District
Superintendent, to require that the Officers so appointed shall be discontinued: such person shall be
relieved from the charge of such additional force from the expiration of such notice.
**XIV. Appointment of additional Force in the neighbourhood of** **Railway and other works. —**
Whenever any Railway, Canal, or other Public work shall be carried on, or be in operation in any part of
the country, and it shall appear to the Inspector-General that the Appointment of an additional Police
Force in such neighbourhood is rendered necessary by the behaviour or reasonable apprehension of the
behaviour of the persons employed upon such work, it shall be lawful for the Inspector-General, with the
consent of the Governor in Council, to direct the employment of such additional Force, and to maintain
the same so long as such necessity shall continue; and to make orders from time to time upon the
Treasurer or other Officer having the control or custody of the Funds of any Company carrying on such
works, for the payment of the extra Force so rendered necessary as aforesaid.
**XV. Payment of money for support of additional Police Force.—All monies paid in respect of**
such additional Force ad is mentioned in the two last preceding Sections, shall be paid into a fund to be
called “The General Police Fund,” and shall be applied to the maintenance of the Police Force under such
orders as the Governor in Council may pass; and all sums of money payable under those Sections shall be
recoverable by suit in any competent Court or by distress and sale of the goods of the defaulter under the
warrant of a Magistrate.
**XVI. Special Police Officers.—When it shall appear that any tumult, riot, or outrage has taken place,**
or may be reasonably apprehended in any place, and that the ordinary Officers appointed for preserving of
the inhabitants, and the security of property in such place, it shall be lawful for any Police Officer not
below the rank of Inspector to apply to the nearest Magistrate to appoint so many of the public or village
servants, or residents of the neighbourhood, as such Police Officer may require to act as special Police
Officers for such time and in such manner as he shall deem necessary; and it shall be the duty of such
Magistrate at once to comply with such applications.
**XVII. Powers of special Police Officers.—Every special Police Officer so appointed shall have the**
same powers, privileges, and protection, and be liable to all such duties and penalties, and be subordinate
to the same authorities as the ordinary Officers of Police.
**XVIII. Refusal to serve.—If any person being appointed a special Police Officer as aforesaid, shall**
without sufficient excuse neglect or refuse to serve as such, or to obey such lawful order or direction as
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may be given him for the performance of his duties, he shall be liable upon conviction before a Magistrate
to a fine not exceeding fifty Rupees for such neglect, refusal, or disobedience.
**XIX. Police Officers not to resign without leave or two months’ notice.—No Police Officer shall**
be at liberty to resign his office, or withdraw himself from the duties thereof, unless expressly allowed to
do so in writing by the District Superintendent; or unless he shall have given to his superior Officer two
months’ notice in writing of his intention to do so. Nor shall any such Police Officer engage in any
employment or office whatever, other than his duties under this Act, unless expressly permitted to do so
in writing under the seal of the Inspector-General.
**XX. Unlawful assumption of Police functions, personation of Police, &c.—Farm and after the**
passing of this Act, every person, not being, or having ceased to be, a duly enrolled Police Officer, who
shall unlawfully assume any function or power belonging to the Police; and who shall not forthwith
deliver up his certificate, and all the clothing, accoutrements, and appointments, and other necessaries
which may have been supplied to him for the execution of his duty; or who shall have in his possession
any distinctive article of the dress or appointment directed to be worn exclusively by the Police Force,
without being able to account satisfactorily for his possession thereof; or who shall put on the dress of any
Police Officer, or any dress designed to represent it, or to be taken for it; or who shall otherwise personate
the character of act the part of any Police Officer for any purpose whatever; shall, in addition to any other
punishment to which he may be liable for any offence committed under the assumed character, be liable
on conviction before a Magistrate to a penalty not exceeding two hundred Rupees, or to imprisonment,
with or without herd labor, for a period not exceeding six months, or both.
**XXI. Duties of Police Officers.—Every Police Officer shall, for all purposes in this Act contained,**
be considered to be always on duty and shall have the powers of a Police Officer in every part of the
General Police District. It shall be his duty to use his best endeavours and ability to prevent all crimes,
offences, and public nuisances; to preserve the peace; to apprehend disorderly and suspicious character; to
detect and bring offenders to justice; to collect and communicate intelligence affecting the public peace;
and promptly to obey and execute all orders and warrants lawfully issued to him.
**XXII. Police Officer may arrest without warrant.—It shall be the duty of every Police Officer, and**
he is hereby authorized, to arrest without warrant—
1. Person charged with or suspected of grave crimes.—Any person who is charged on credible
information, or whom he has reasonable ground to suspect of having been concerned in any grave or
forcible crime or outrage.
2. Persons charged with aggravated assault recently committed.—Any person who is charged
with committing an aggravated assault in every case in which he shall have good reason to believe
that such assault has been committed, although not in his view, and that by reason of the recent
commission of the offence a warrant could not have been issued.
3. Persons committing a breach of the peace.—Any person committing, or attempting to commit,
any breach of the peace in his view, and who refuses to desist on being required thereto.
4. Persons found injuring public buildings, &c.—Any person found injuring the public buildings,
roads, tanks, and water channels, or committing any offence punishable by law. **Proviso. Provided**
always that where such offence is of a slight and petty nature, it shall not be necessary for the Police
Officer to arrest, if, from the circumstances of the case, there is no reason to apprehend that the party
will abscond.
5. Vagrants and suspicious persons.—Any vagrant whom he shall find disturbing the public
peace, or whom he shall have good cause to suspect of having committed, or being about to commit a
crime; all persons whose name and residence is unknown, or whom he may find by night lying or
loitering in any high-way, road, or other place, and who, in either case, are unable to give a
satisfactory account of themselves.
6. Persons assaulting Police Officer.—Any person who assaults, resists, or obstructs such Police
Officer in the execution of his duty or aids or excites others so to do.
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7. Persons escaping from legal custody.—All persons who, having been in legal custody, shall
have escaped therefrom.
8. Persons charged with an offence, refusing to give name.—All persons who are charged with
having done any injury or damage to the person or property of another, and who refuse to give their
name and residence, or who give one which there is ground to believe to be false, may be detained
solely for the purpose of ascertaining such name and residence, with a view to future proceedings.
**XXIII. Persons arrested without warrant to be taken to Station House until brought before**
**Magistrate or bailed.—Every person taken into custody by any Police Officer, without warrant, except**
persons detained for the mere purpose of ascertaining their name and residence, shall forthwith be
delivered into the custody of the Police Officer in charged of a Station House, in order that such person
may be secured until he brought before a Magistrate to be dealt with according to law, or may give bail
for his appearance before a Magistrate, if the Officer in charge shall deem it prudent to take bail as
hereinafter mentioned; **Proviso. Provided always that, where bail is not taken, the prisoner shall be**
brought before a Magistrate within twenty-four hours, unless circumstances render delay unavoidable.
**XXIV. Release on bail.—Whenever any person shall be brought in custody, without a warrant, to**
any Station House, at a time when he cannot at one be sent before a Magistrate, and shall be charged with
any bailable offence, or with any unbailable offence of which it shall appear to the Officer in charge of
the Station House that the prisoner is falsely accused, it shall be lawful for such Police Officer to release
the accused on bail or on his own recognizance to appear before the Magistrate when required.
**XXV. Superior Officer of Police may take recognizance for appearance of prosecutor or**
**witness.—It shall be lawful for every Police Officer in charge of a Station, or other superior Officer of**
Police, to bind by recognizance any person to appear as prosecutor or as a witness before the Magistrate
by whom any grave charge in being or is about to be investigated ; and if any such prosecutor or witness
shall refuse to execute such recognizance, it shall be competent to such Officer to forward the person in
custody to the Magistrate’s Court.
**XXVI. Condition of recognizance.—Every Recognizance so taken shall be without fee or reward**
and shall be conditioned for the appearance of the person there by bound before a Magistrate at such time
and place as may be required, and the time and place of appearance, and the sum thereby acknowledged,
not exceeding one thousand Rupees, shall be specified in the said recognizance, or in the condition
thereof; and the Officer taking the recognizance shall return the same forthwith to the Magistrate present
at the time and place when and where the party is bound to appear.
**XXVII. Remands.—If from the absence of witnesses, or from any other reasonable cause, it shall**
become necessary or advisable to defer the examination of any case, or the further examination of any
witnesses, it shall be lawful for any Magistrate form time to time by his warrant to remand the accused to
the custody of any Police Officer, for such time as he shall deem necessary and reasonable, not exceeding
eight clear days, to be secured in any Station House or jail or to be otherwise detained in custody as to the
said Magistrate shall appear expedient: **Proviso.** provided always that any such Magistrate may order
such accused party to be brought before him at any time or place before the expiration of the time for
which such accused party shall have been remanded; or may discharge such accused party on his
recognizances, with or without sureties, conditioned for his appearance at the time and place appointed
for such further examination.
**XXVIII. Entering drinking shops, &c. without a warrant.—It shall be lawful for any Police**
Officer without a warrant to enter and inspect all drinking shops gaming houses and other resorts of loose
and disorderly characters all premises of persons suspected of receiving stolen property any locality
vessel boat or conveyance in any part of which places he shall have just cause to believe that crime has
been or is about to be committed or which he reasonably suspects to contain stolen property; and then and
there to take all necessary measures for the effectual prevention and detection of crime and to take charge
of all property reasonably suspected to have been stolen and of all articles or things which may serve as
evidence of the crime supposed to have been committed.
**XXIX. Inspection of weights and measures.—Every Police Officer, not below the grade of**
Inspector, shall be an inspector of weights and measures, and may enter any shop or premises for the
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purpose of inspecting the weights and measures and instruments for weighing kept or used therein, and
may seize any weight, measure, or instrument for weighing, which he may have reason to believe is false.
**XXX. Police Officer not to receive complaints of petty offences.—No Police Officer shall receive**
any complaint of any petty offence; or take into his custody any person brought to him accused of such
petty offences, trespass, assault, quarrelling, or the like; and it shall be lawful for any Police Officer to
refuse to receive any charge of an offence of a grave character, if he shall on enquiry made of the
complainant alone, see good grounds for doubting its truth: Proviso.- Provided always that, if the charge
be not of such a nature as under ordinary circumstances would justify the Police Officer in refusing to
receive it, the particular reasons for refusing it are to be recorded by such Officer at the time.
**XXXI. Police Officers may lay informations, &c.—It shall be lawful for any Police Officer to lay**
any information before the Magistrate, and to apply for summons, warrant, search warrant, or such other
legal process as may by law issue and may be expedient under the circumstances, against any person
committing an offence against any law or enactment, or against any regulation for the protection of the
Revenue, or against any person committing or falling to remove any public nuisance or unwarrantable
obstructions, keeping disorderly houses, harbouring thieves, disturbing the peace, obstructing the due
course of justice, and the like, and to prosecute such offenders up to final judgment; Proviso.-provided
always that any rewards, forfeitures, and penalties, or shares of rewards, forfeitures, or penalties, which
by law are payable to informers, and all costs of prosecution which may by any enactment be awarded to
the prosecutor, shall be paid into the “General Police Fund.”
**XXXII. All warrants &c. to be executed by Officers of the Police Force.—From and after the**
passing of this Act, all summonses, warrants, search warrants, warrants of commitment for trial, or orders
for the escort and conveyance of prisoners, and all other processes issued by any Officer in any Criminal
proceeding, shall be directed and delivered to Officers of the Police alone; and such processes shall be
served and executed by them and none others.
**XXXIII. Warrant to be endorsed.—Where any such warrant, order, or process shall be directed or**
delivered to any of the said Officers, unless it be necessary for the due execution thereof that such warrant
be executed without delay, the person receiving it shall deliver the same to any Officer authorized for that
purpose, who shall take charge of it, and appoint by endorsement thereon one or more Police Officers to
execute the same, or endorse it to any other Officer for a like purpose and every Police Officer whose
name shall be so endorsed thereon shall be so endorsed thereon shall have the same powers, privileges,
and protection as if the same had originally been directed to him by name; **Proviso. Provided also that**
every such process shall be executed with all secrecy and dispatch; and shall have full force in any part of
the Madras Presidency except within the limits of the Supreme Court, without further formality or local
endorsement; and that all Police authorities shall every where be assisting in the execution of such
process.
**XXXIV. Service of summonses, &c.—Every summons, notice, or other Criminal process may be**
served on the party named personally, or be left with some adult male member of his family, or a copy
thereof may be affixed on some adult male member of his family, or a copy thereof party failing or
neglecting to obey such summons or notice duly served, shall be liable, at the discretion of the Magistrate
or Court that issued the process, to a penalty not exceeding ten Rupees unless such person shall be able to
prove that he was prevented by unavoidable accident or other satisfactory cause from obeying such
summons, notice, or the like.
**XXXV. Warrant without summons.—A Magistrate may, without issuing any summons, forthwith**
issue his warrant to bring before him any person charged with an offence cognizable by him, or whose
attendance it may for any reason be necessary to enforce, whenever it shall appear probable that such
person will not attend unless compelled so to do.
**XXXVI. Notification of substance of warrant.—A Police Officer executing a warrant of arrest shall**
notify the substance of the warrant, and if required so to do shall show the warrant.
**XXXVII. Warrant how to be executed.—In making an arrest, the Police Officer executing the**
warrant shall actually touch or confine the body of the person to be arrested, unless there be a submission
to the custody by ward or action.
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**XXXVIII. No unnecessary restraint.—After arrest the prisoner shall not be subjected to any more**
restraint than such as may be necessary to prevent his escape.
**XXXIX. Breaking of outer door or window.—Any Police Officer authorized by a warrant to arrest**
a person accused of any offence for which a warrant may issue on complaint, may break open any outer
or inner door or window of a dwelling house, whether that of the person accused or of any other person,
in order to execute such warrant, if, after notification of his authority and purpose, and demand of
admittance duly made, he cannot otherwise obtain admittance.
**XL. Breaking open Zenanah or female apartment.—If information be received that a person**
accused of any offence for which a warrant may issue, has concealed himself in a Zenanah or female
apartment in the actual occupancy of women, the Officer employed to execute the warrant shall take such
precautions as may be necessary to prevent the escape of the accused; and if such person shall not deliver
himself up, the Police Officer authorized to execute the warrant, may break open the Zenanah, and
execute the process intrusted to him giving notice at the same time to any woman in the Zenanah that she
is at liberty to withdraw.
**XLI. Party arrested to be brought immediately to the authority mentioned in the warrant.—**
After arrest made, the Police Officer executing the warrant shall without unnecessary delay bring the
person arrested before the Magistrate or other authority described in the warrant.
**XLII. No threat or promise, to compel disclosure by party arrested.—No Police Officer shall**
offer to the person arrested any in ducement, by threat or promise or otherwise, to make any disclosure.
But no Police Officer shall prevent the person arrested, by any caution or otherwise, from making any
disclosure which he may be disposed to make of his own free will.
**XLIII. Police Officer may require assistance. Penalty for refusal to assist.—If any Police Officer**
shall at any time find himself unable to effect an arrest, it shall be lawful for him to require any and every
person present to assist and aid him in making the arrest; and any person who shall refuse or neglect to
comply with such requisition, shall be liable, on conviction before a Magistrate, to a fine not exceeding
fifty Rupees, or to imprisonment for a period not exceeding three months, or both.
**XLIV. Penalties for neglect of duty, etc.— Every Police-officer who shall be guilty of any violation**
of duty or wilful breach of any lawful orders and regulations not punishable under Section X of this Act ;
or who shall cease to perform the duties of his office without leave, or without having given two months’
notice as provided by this enactment, or engage without authority in any employment other than his
Police duty, or who shall maliciously and without probable cause prefer any false, vexatious or frivolous
charge or information against any individual, or who shall knowingly and wilfully and with evil intent
exceed his powers, or shall be guilty of any wilful and culpable neglect of duty, in not bringing any
person who shall be in his custody without a warrant before a Magistrate as provided by law, or who shall
offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction,
before a Magistrate, to a penalty not exceeding three months pay, or to imprisonment with or without hard
labour not exceeding three months or both.
**XLV. Penalty for receiving unauthorized fees, &c. —Any Police-officer who shall on any pretext,**
or under any circumstances, directly or indirectly collect or receive any fee, gratuity, diet-money
allowance or recompense, other than he may be duly authorized by the Inspector-General or other Officer
acting under his order to collect or receive shall, on conviction before a Magistrate be liable to a penalty
not exceeding six months’ pay, or to imprisonment, with or without hard labour, not exceeding six
months or both.
**XLVI. Penalty for extortion, &c.—Any Police Officer who shall directly or indirectly extort,**
extract, seek, or obtain any bribe or unauthorized reward or consideration, by any illegal threat or
pretence, or for doing or omitting or delaying to do any act which it may be his duty to do or to cause to
be done, or for withholding or delaying any information which he is bound to afford or to communicate,
or who shall attempt to commit any of the offences above said, or shall be guilty of cowardice, shall be
liable, upon conviction before a Magistrate, to a fine not exceeding twelve months pay, or to
imprisonment with or without hard labor not exceeding twelve months, or both: Proviso. Provided always
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that nothing in the three last preceding sections shall be deemed to preclude the Magistrate from
committing for trial any cases of this nature too serious for his cognizance.
**XLVII. Penalty for obstructing a Police Officer in the execution of his duty.—If any person shall**
assault or resist any Police Officer in the execution of his duty; or shall aid or incite any other person so to
do; or shall maliciously and without probable cause prefer any false or frivolous charge against any
Police-officer, such person shall, on conviction of such offence before any Magistrate, be liable to a fine
not exceeding fifty rupees, or to imprisonment, with or without hard labour, not exceeding three months,
or both.
**XLVIII. Certain duties of Police Officers within the limits of Towns. Obstructions and**
**nuisances in roads.—Any person who** in any street, road, thoroughfare, or passage, within the limits of
any Town, commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, or
damage of the residents and passengers, shall, on conviction before a Magistrate, be liable to a fine not
exceeding fifty Rupees, or to imprisonment not exceeding eight days; and it shall be lawful for any Police
Officer to take into custody without warrant any person who within view commits any such offence.
_First. slaughtering cattle, furious riding, &c.— Any person who shall slaughter any cattle or clean_
any carcase in the streets; any person riding or driving any cattle recklessly and furiously, or training
or breaking any horse or other cattle on or near any public road, to the danger of the passers:
_Second. Cruelty to animals.—Any person who wantonly or cruelly abuses or tortures any animal:_
_Third. Obstructing passengers.—Any person who shall keep any cattle, or conveyance of any_
kind standing in any road or street longer than is required for loading or unloading, or for taking up or
setting down passengers; or who shall leave any conveyance in such a manner as to cause
inconvenience or danger to the public.
_Fourth. Exposing goods for sale on road.—Any person exposing goods for sale on the road so as_
to obstruct passengers:
_Fifth. Throwing dirt into street.—Any person who throws or lays down any dirt, filth, rubbish, or_
any stones or building materials; or who constructs any pial, cowshed, stable, or the like within the
bounds of any thoroughfare; or who causes any offensive matter to run from any house, factory, dung
heap, or the like into the street:
_Sixth. Being Found drunk in any thoroughfare.—Any person found in any thoroughfare drunk_
and riotous or incapable of taking care of himself.
_Seventh. Indecent exposure person.—Any person who willfully and indecently exposes his_
person, or any offensive deformity or disease, or commits nuisance by easing himself in or by the side
of, or near any public street or thoroughfare; or by bathing or washing in any tank or reservoir, not
being a place set apart for that purpose:
_Eighth. Neglect to protect dangerous places.—Any person who neglects to fence in or duly to_
protect any well, tank, or other dangerous place or structure.
**XLIX. Regulation of public processions, &c., and of carriages and persons at places of public**
**resort. Licenses for use of music in streets.—The Superintendent and Superior Officers of Police may,**
as occasion requires, direct the conduct of all assemblies and processions in the public roads, streets, or
thoroughfares, prescribe the routes by which, and the times at which such processions may pass ; keep
order in the public roads, streets, thoroughfares, ghauts, and landing places, and all other places of public
resort, and prevent obstructions on the occasion of such assemblies and processions and in the
neighbourhood of places of worship during the time of public worship, and in any case when the roads,
streets or, thoroughfares, ghauts or landing places, may be thronged, or may be liable to be obstructed ;
they may also regulate the use of music in the streets, on the occasion of native festivals and ceremonies;
and may direct all crowds of twelve or more persons to disperse, when they have direct all crowds of
twelve or more persons to disperse, when they have reason to apprehend any breach of the peace ; and
every person opposing, or not obeying the orders so issued as aforesaid, or violating the conditions of
such license, shall be liable to a fine not exceeding one hundred Rupees. Provided always that nothing in
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this Section contained shall be deemed to interfere with the general control of the Magistrate over such
matters.
**L. Jurisdiction. —In all cases of convictions under this Act, the Magistrate trying the case shall be**
restrained within the limits of his ordinary jurisdiction as to the amount of fine or imprisonment he may
inflict ; Proviso provided always that such charges against Police Officers above the rank of a Private
shall only be adjudicated on by European functionaries, and that Village Watchers alone shall be liable to
conviction by Heads of Villages.
**LI. Liability to prosecution for higher penalties not affected.— Nothing contained in this Act shall**
be construed to prevent any person from being prosecuted for any offence made punishable on conviction
by this Act ; or to prevent any person from being liable under any other law, Regulation, or Act to any
other or higher penalty or punishment than is provided for such offence by this Act. Proviso.- Provided
always that no person shall be punished twice for the same offence.
**LII. Levy of fines.** **—All fines and penalties imposed, and all sums of money recoverable under the**
authority of this Act, may, in case of non-payment thereof, be levied by distress and sale of the goods and
chattels of the offender by warrant of the Magistrate, in manner provided by Act II of 1839.
**LIII. Limitation of action. - All actions and prosecutions against any person, which may be lawfully**
brought for any thing done or intended to be done, under the provisions of this Act, or under the general
Police powers hereby given, shall be commenced within three months after the act complained of shall
have been committed, and not otherwise; and notice in writing of such action and of the cause thereof,
shall be given to the defendant; or to the Superintendent or other superior officer of the district in which
the act was committed, one month at least before the commencement of the action; and no plaintiff shall
recover in any such action, if tender of sufficient amends shall have been made before such action
brought, or if a sufficient sum of money shall have been paid into Court after such action, brought by or
on behalf of the defendant; and though a decree shall be given for the plaintiff in any such action, such
plaintiff shall not have cost against the defendant unless the Judge, before whom the trial shall be, shall
certify his approbation of the action: Proviso. provided always that no action shall, in any case lie where
such officers shall have been prosecuted criminally for the same act.
**LIV. Plea that act was done under warrant.— When any action, prosecution, or proceeding shall**
be brought against any Police-officer for any act done by him in such capacity, it shall be lawful for him
to plead that such act was done by him under the authority of a warrant issued by a Magistrate; and such
plea shall be proved by the production of the warrant directing the act and purporting to be signed by a
Magistrate. And the defendant shall, thereupon, be entitled to a decree in his favour, notwithstanding any
defect of jurisdiction in such Magistrate. And no proof of the signature of such official shall be necessary,
unless the Court shall see reason to doubt it being genuine: Proviso.- Provided always that any remedy
which the party may have against the authority issuing such warrant shall remain entire.
**LV. Operation of Act.— This Act shall take effect in any and every such District as the Governor in**
Council shall by notification published in the Official Gazette.
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SCHEDULE.
_____
LAWS REPEALED.
The following words in Section XXXVI of Regulation IX. 1816: “The Officer entrusted with the
service of the summons in such cases, as well as in all other cases wherein bail may not be required, shall
demand only an acknowledgment of the receipt of it, and in the absence of the party, the summons may
be served on the principal person in his house or family, if such person be willing to receive the same and
to return an acknowledgment for the party;” and Section XLII.
Regulation XI. 1816, Sections III, IV, V, VI, VII, XI, XV, XVI, XVII, XVIII, XXI, XXII, XXIII,
XXIV, XXV, XXVI Clause 2, XXIX, XXXV, XXXVIII, XXXIX, XL, XLI, XLVIII, and LV.
Regulation IV. 1821, Section III.
So much of Clause 2 Section II of Regulation IV. 1821 as declares that all Subordinate Officers of
Police of every description shall be subject to the authority of the Tuhseeldars of their respective Districts.
So much of Section VII of Regulation VI. 1831, as affects Village Watchers or other persons holding
village offices in the Police Department.
Act VII of 1843, Sections XXXIX and XL.
_____
LAWS AMENDED.
So much of Clause 4 Section XIII of Regulation XI. 1816, as directs the Head of the Village to
apprehend any person supposed to have committed a murder.
So much of Clause 1 Section XXVII of Regulation XI. 1816 as directs the Head of the Village to
make every exertion to apprehend any person accused or suspected of having committed the offences
referred to in the said Clause.
_____
FORM A.
A. B. has been appointed a Member of the Police Force under Act XXIV of 1859, and is vested with
the powers, functions, and privileges of a Police Officer.
12
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|
21-May-1860 | 21 | The Societies Registration Act, 1860 | https://www.indiacode.nic.in/bitstream/123456789/2262/1/AA1860-21.pdf | central | # THE SOCIETIES REGISTRATION ACT, 1860
_________
# ARRANGEMENT OF SECTIONS
_________
PREAMBLE.
SECTIONS
1. Societies formed by memorandum of association and registration.
2. Memorandum of association.
3. Registration and fees.
4. Annual list of managing body to be filed.
5. Property of society how vested.
6. Suits by and against societies.
7. Suits not to abate.
8. Enforcement of judgment against society.
9. Recovery of penalty accruing under bye-law.
10. Members liable to be sued as strangers.
Recovery by successful defendant of costs adjudged.
11. Members guilty of offences punishable as strangers.
12. Societies enabled to alter, extend or abridge their purposes.
13. Provision for dissolution of societies and adjustment of their affairs.
14. Upon a dissolution no member to receive profit.
Clause not to apply to Joint-stock Companies.
15. Member defined.Disqualified members.
16. Governing body defined.
17. Registration of societies formed before Act.
18. Such societies to file memorandum, etc., with Registrar of Joint-stock Companies.
19. Inspection of documents, Certified copies.
20. To what societies Act applies.
-----
# THE SOCIETIES REGISTRATION ACT, 1860
ACT NO. 21 OF 1860[1]
An Act for the Registration of Literary, Scientific and Charitable Societies.
[21st May, 1860.]
**Preamble.—WHEREAS it is expedient that provision should be made for improving the legal**
condition of societies established for the promotion of literature, science, or the fine arts, or for the
diffusion of useful knowledge, [2][the diffusion of political education] or for charitable purposes; It is
enacted as follows:—
**STATE AMENDMENT**
**Union territory of Ladakh**
After the preamble and before the existing section 1, insert—
“1. Appointment, etc. of Registrar of Societies, etc.-(1) The Administration of Union territory
of Ladakh may, by notification, appoint a person to be called the Registrar of Societies and he shall
exercise such powers and perform such duties and functions as are conferred by or under the
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
The Act (with the exception of the first four sections) is based on the Literary and Scientific Institutions Act, 1854 (17 and 18
Vict., c. 112), ss. 20 et seq.
It has been declared to be in force in the whole of India, except the Scheduled Districts, by s. 3 of the Laws Local Extent Act,
1874 (15 of 1874).
It has been extended to the New Provinces and Merged States by Act 59 of 1949.
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 District, 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 the Mirzapur District . . . . Ditto 1879, Pt. I, p. 383.
Jaunsar Bawar . . . . . . . Ditto 1879, Pt. I, p. 302.
The Scheduled Districts in Ganjam and Vizagapatam . . . Ditto 1898, Pt. I, p. 870.
Assam (except the North Lushai Hills). . . . . Ditto 1897, Pt. I, p. 299.
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.
Ajmer and Merwara. . . . . . . Ditto 1878, Pt. I, p. 380.
The Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Schedule to Dadra and
Nagar Haveli with modifications by Reg. 6 of 1963, s. 2 and the First Schedule (w.e.f. 1-7-1965) and to the Union territory of
Lakshadweep, by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-1967).
It has been amended in—
C. P. and Berar by C. P. and Berar Act 3 of 1940,
Assam by Assam Acts 14 of 1948, 15 of 1948, 1 of 1952, 7 of 1957 and 11 of 1958,
Bihar by Bihar Acts 30 of 1948, 4 of 1951 and 2 of 1960,
Punjab by East Punjab Acts 32 of 1948, 6 of 1949 and Punjab Act 21 of 1961,
West Bengal by West Bengal Act 16 of 1950,
Andhra by President’s Act 10 of 1954,
Madras by Mad. Act 9 of 1960,
Orissa by Orissa Acts 21 of 1958, 8 of 1969 and 9 of 1979,
Maharashtra by Maharashtra Acts 11 of 1968 and 49 of 1971,
Himachal Pradesh by H. P. Act 23 of 1973,
Uttar Pradesh by U. P. Acts 25 of 1959, 52 of 1975, 13 of 1978 and 11 of 1984,
Bombay by Bom. Act 76 of 1958,
Haryana by Haryana Act 23 of 1974,
Pondicherry by Act 9 of 1969, and
Union territory of Delhi by Act 26 of 1983.
The Act came into force in Pondicherry vide Reg. 7 of 1963 and the First Schedule (w.e.f. 1-10-1963).
The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955 and in Mysore by Mysore Acts 17
of 1960 and 19 of 1973.
It has been repealed in its application to Mahakoshal, Vindhya Pradesh and Bhopal regions of Madhya Pradesh by Madhya
Pradesh Act 1 of 1960 (when notified).
2. Ins. by Act 22 of 1927, s. 2.
-----
provisions of this Act, and shall subject to such general or special order as the Administration of the
Union territory of Ladakh may from time to time make, superintend the administration and carry out
the provisions of this Act throughout the Union territory of Ladakh.”;
“(2) The Administration of the Union territory of Ladakh may by notification, appoint one or
more Additional Registrars with such local jurisdiction as may be assigned to them.
(3) The Additional Registrars so appointed shall, subject to the control of the Registrar of
Societies, exercise such of the powers and perform such of the functions of the Registrar of Societies
as the Administration of the Union territory of Ladakh may authorise in that behalf.”;
(b) number the existing section as section 1A and in this section as so numbered, for
"Registrar of Joint-Stock Companies" substitute "Registrar of Societies.".
**[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide**
Notification No. S.O. 3805(E), dated (26-10-2020).]
**STATE AMENDMENT**
**Arunachal Pradesh**
**Extension of Central Act, 1860 (21 of 1860).- The Societies Registration Act, 1860, as in force in**
the territories to which it generally extends, is hereby extended to the Union Territory of Arunachal
Pradesh, subject to the modifications mentioned in the Schedule.
**Certain notifications to be inoperative.—On the commencement of this Act, the notifications Nos.**
5459P, 5463p, and 5467p dated the 13[th] October, 1914, in so far as they relate to the Societies
Registration Act, 1860, shall cease to be operative in the Union Territory of Arunachal Pradesh.
THE SCHEDULE
(See Section)
Modification to the Societies Registration Act, 1860.
1. Throughout the Act,-
(1) for the words “Registrar of Joint-Stock Companies” wherever they occur, the word
“Registrar” shall be substituted.
(2) for the words “State Government” wherever they occur the word “Administrator” shall be
substituted.
[Vide Arunachal Pradesh Act 6 of 1978, s. 2]
**Amendment of Schedule.—In the Schedule to the Societies Registration (Extension to Arunachal**
Pradesh) Act, 19 (hereinafter referred to as the Principal Act) :
(1) for the word "Administrator" wherever it occurs, the words "State Government' be substituted.
(2) the clause (a) of serial 2 shall be omitted.
(3) after serial 2, the following shall be inserted, namely :
"2-A, for section 3 of the Central Act, 1860 (21 of 1860) the following shall be substituted,
namely :
3. (1) Upon such memorandum and certified copy being filed along with particulars of the address
of the Society's office which shall be its registered address, by the Secretary of the Society on behalf
of the persons subscribing to the memorandum, the Registrar shall certify under his hand that the
Society is registered under this Act, and there shall be paid to the Registrar for every such registration
a fee of ten thousand rupees or such smaller fee as the State Government may notification in respect of
any class of Societies :
Provided that the State Government may by notification in the Official Gazette, increase
from time to time the fee payable under this sub-section :
Provided further that the Registrar may, in his discretion, issue public notice(s) to such
person as he thinks fit inviting objections, if any, against the proposed registration and consider
all objections that may be received by him before registering the Society.
(2) Notwithstanding anything in sub-section (1), the Registrar shall refuse to register a Society, if
after giving it an opportunity of showing cause against such refusal he is satisfied that :
(a) the name of the Society is identical with that of any other society previously registered
under this Act ;
-----
(b) the name of the Society sought to be registered uses any of the words, namely, 'Union',
'State', `Land Mortgage', 'Land Development', 'Co-operative', `Gandhi' Reserve Bank' or any
words expressing or implying the sanction, approval or patronage of the Central or any State
Government or any word which suggests or is calculated to suggest any connection with any
local authority or any corporation or body constituted by or under any law for the time being
in force, or is such as is otherwise likely to deceive the public or the members of any other
society previously registered under this Act.
(c) any one or more of the objects of the Society sought to be registered is not an object
mentioned in sections 1 and 20 ; or
(d) its objects are contrary to any other law for the time being in force :
Provided that the State Government may in exceptional circumstances, for reasons to
be recorded permit any society to use the word 'Union' or the word 'Gandhi' in its name,
and thereupon, the use of that word in the name of the society shall not be a ground for
refusal to register or to renew the certificate of registration of such society.
3-A Renewal of certificate of registration-(1) Subject to the provisions of sub-section
(2), a certificate of registration issued under section 3 shall remain in force for a period of
three years from the date of issue :
Provided that a certificate issued before the commencement of the Societies
Registration (Extension to Arunachal Pradesh) (Amendment) Act, 2008 (hereinafter in the
section referred to as the said Act), shall remain in force for a period of three years from the
date of such commencement on payment of the difference of the fees specified under subsection (3) and the fees already paid.
(2) A Society registered under section 3 whether before or after the commencement
of the said Act, shall on application alongwith a copy of duly audited statement
of account made to the Registrar within one month of the expiration of the period
referred to in sub-section (1) and on payment of the fee specified in sub-section
(3), be entitled to have its certificate of registration renewed for one year at a
time :
Provided that in the case of a society registered before the commencement of the said
Act, the Registrar shall refuse to renew the certificate of registration, if, after giving it an
opportunity of showing cause against such refusal, he is satisfied that any of the grounds
mentioned in sub-section (2) of section 3 exist in respect thereof.
(3) There shall be paid to the Registrar with every application for renewal of the
certificate of registration :
(a) a fee equal to the registration fee payable under section 3 or rupees four
thousand, whichever is less, if such application is filed within the period
specified in subsection (2) :
Provided that the State Government may, by notification in the Official Gazette,
increase from time to time, the fee payable under this clause subject to the condition that
the fee so increased shall not exceed the registration fee payable under section 3 ;
(b) an additional fee of four hundred rupees or such higher fee not exceeding one
fifth of the fee payable under clause (a) as may be notified by the State
Government, if such application is filed within one month of the date of
expiration of the period specified in sub-section (2) ; and
(c) an additional fee at the rate of twenty rupees per month or part thereof or
such higher additional fee per month not exceeding half of the additional fee
payable under clause (b) as may be notified by the State Government, if
such application is filed beyond one month of the expiration of the period
specified in sub-section (2).
(4) Every application for renewal of the certificate shall be accompanied by a list of
members of the managing body elected after the registration of the society or
after the renewal of certificate of registration and also the certificate sought to be
renewed unless dispensed with by the Registrar on the ground of its loss or
destruction or any other sufficient cause.
(5) A society which fails to get its certificate of registration renewed in accordance
with this section within one year from the expiration of the period for which the
certificate was operative shall become an unregistered society :
Provided that the Registrar may, for sufficient cause, allow an application for renewal more than
one year after the expiration of the period for which the certificate was operative on payment of a fee
of four hundred rupees or such higher fee not exceeding ten times of the additional fee payable under
clause (b) of sub-section (3) as may be notified by the State Government from time to time.
-----
(6) Where a certificate of registration is renewed in accordance with sub-section (2) or sub-section
(5) such renewal shall operate from the date of expiration of the period from which the certificate was
operative.
**3-B Reference to the State Government —If any question arises whether any society is**
entitled to get itself registered in accordance with section 3 or to get its certificate of registration
renewed in accordance with section 3-A, the matter shall be referred to the State Government, and
the decision of the State Government, thereon shall be final".
(4) in serial 6, of the Schedule to the State Act No. 6 of 1978 in section 19 of the Central Act
No. 21 of 1860 for the words "one rupee" and "fifteen paise" respectively the words "ten rupees" and
"five rupees" shall be substituted.
(5) in serial 7, (i) in section 21 (1) for the words "five hundred" and "fifty rupees" respectively,
the words, "five thousand rupees" and "five hundred rupees" shall be substituted.
(ii) in section 21 (2) for the words "two thousand" the words "twenty thousand" shall be
inserted.
(7) after serial 7, serial 8 shall be added, namely :—
"8. after section 22, the following shall be added, namely :
[Vide Arunachal Pradesh Act 9 of 2008, s. 2]
**1. Societies formed by memorandum of association and registration.—Any seven or more**
persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is
described in section 20 of this Act, may, by subscribing their names to a memorandum of association,
andfiling the same with the Registrar of Joint-stock Companies [1]***, form themselves into a society
under this Act.
**Orissa**
**Insertion of new section before section 1, Act 21 of 1860.—In the Societies Registration Act, 1860**
(21 of 1860) (hereinafter referred to as the said Act), section 1 shall be renumbered as section 1-A and
before the said section as so renumbered, the following new section shall be inserted, namely:—
**1. Appointment of Registrar of Societies.—The State Government may, by notification, appoint**
a person to be called the Registrar of Societies and he shall exercise such powers and perform such
duties and functions as are conferred by or under the provisions of this Act, and shall subject to such
general or special order as the State Government may from time to time make, superintend the
administration and carry out the provisions of this Act throughout the State or Orissa.
[Vide the Orissa Act 21 of 1958, s. 2]
**Adaptation.—In the said Act, for the expressions, “Registrar of Joint Stock Companies” and**
“Registrar” wherever they occur, the expression “Registrar of Societies” shall be substituted.
[Vide the Orissa Act 21 of 1958, s. 3]
**Pending proceedings and construction of reference to Registrar of Companies in instruments**
**issued or made before this Act.—(1) All proceedings under the said Act pending before the Registrar of**
Joint Stock Companies at the date of commencement of this Act shall stand transferred to the Registrar of
Societies and any such proceedings shall be continued and disposed of by the Registrar of Societies, as if
it had been originally instituted before such Registrar under the said Act.
(2) In all certificates of registration and in all rules or bye-laws of societies and in all other
instruments issued or made under the said Act before the date of commencement of this Act, references to
the Registrar of Joint Stock Companies or the Registrar of Companies shall be deemed to be and be
construed as references to the Registrar of Societies.
[Vide the Orissa Act 21 of 1958, s. 4]
1. The words and figures “under Act 19 of 1857” rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. See now the Companies Act, 1956
(1 of 1956).
-----
**Orissa**
**Amendment of Section 1.—In the Societies Registration Act, 1860 (21 of 1860), as applicable to the**
State of Orissa, section 1 shall be renumbered as sub-section (1) thereof and after sub-section (1) as so
renumbered, the following sub-sections shall be inserted, namely:—
“(2) The State Government may, by notification, appoint one or more Additional Registrars with such
local jurisdiction as may be assigned to them by the State Government.
(3) The Additional Registrars so appointed shall, subject to the control of the Registrar of Societies,
exercise such of the powers and perform such of the functions of the Registrar of Societies as the State
Government may authorize in that behalf.”.
[Vide the Orissa Act 9 of 1979, s. 2]
**Union territory of Ladakh**
**After the preamble and before the existing section 1, insert--**
"1. Appointment, etc. of Registrar of Societies, etc.--(1) The Administration of Union territory
of Ladakh may, by notification, appoint a person to be called the Registrar of Societies and he shall
exercise such powers and perform such duties and functions as are conferred by or under the
provisions of this Act, and shall subject to such general or special order as the Administration of the
Union territory of Ladakh may from time to time make, superintend the administration and carry out
the provisions of this Act throughout the Union territory of Ladakh.";
"(2) The Administration of the Union territory of Ladakh may by notification, appoint one or
more Additional Registrars with such local jurisdiction as may be assigned to them.
(3) The Additional Registrars so appointed shall, subject to the control of the Registrar of
Societies, exercise such of the powers and perform such of the functions of the Registrar of Societies
as the Administration of the Union territory of Ladakh may authorise in that behalf.";
(b) number the existing section as section 1A and in this section as so numbered, for "Registrar of
Joint-Stock Companies" substitute "Registrar of Societies.".
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide
Notification No. S.O. 3805(E), dated (26-10-2020).]
**Arunachal Pradesh**
**After section 1, the following section shall be inserted, namely:--**
“Definitions-1A. --In this Act, unless the context otherwise requires:
(a) “Administrator” means the Administrator of the Union territory of Arunachal Pradesh
appointed by the President under Article 239 of the Constitution;
(b) “Registrar” means the Registrar of Societies appointed by the Administrator.”
[Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the schedule]
**Uttarakhand**
**Substitution of section 1.—In Societies Registration Act 1860, (which is hereinafter referred to as**
Principal Act) the section 1 shall be substituted as follows, namely:-
“1. Societies formed by memorandum of association and registration.---Any seven or more
persons associated for any literary, scientific or charitable purpose, or for any such purpose as is
described in section 20 of the Act, may, be digital signature of their name in online form of
Memorandum of Association and rules filling the same online with the Registrar form themselves
into a society under this Act.
[Vide Uttarakhand Act 4 of 2019, s. 2]
-----
**Haryana**
**Insertion of section 1A in Central Act 21 of 1860.—After section 1 of the Societies Registration Act,**
1860 (hereinafter called the principal Act), The following section shall be inserted, namely:-
**“1A. Definitions.—In this Act, unless the context otherwise requires,--**
(a) “prescribed” means prescribed by rules made under this Act;
(b) “State Government” means the Government of the State of Haryana.”.
[Vide Haryana Act 14 of 2007, s. 2]
**2. Memorandum of association.—The memorandum of association shall contain the following**
things (that is to say)—
the name of the society;
the objects of the society;
the names, addresses, and occupations of the governors, council, directors, committee, or other
governing body to whom, by the rules of the society, the management of its affairs is entrusted.
A copy of the rules and regulations of the society, certified to be a correct copy by not less than
three of the members of the governing body, shall be filed with the memorandum of association.
13. Registration and fees.—Upon such memorandum and certified copy being filed, the Registrar
shall certify under his hand that the society is registered under this Act. There shall be paid to the
Registrar for every such registration fee of fifty rupees, or such smaller fee as [2][the State Government]
may, from time to time, direct; and all fees so paid shall be accounted for to [3][the State Government].
**STATE AMENDMENT**
**Orissa**
**Insertion of a new section.—In the Societies Registration Act, 1860 (21 of 1860) (hereinafter**
referred to as the principal Act), after Section 3, the following section shall be inserted, namely:—
**3-A. Prohibition against registration of societies with undesirable names.—No society shall be**
registered by a name which, in the opinion of the Registrar of Societies is undesirable, being a name
identical with or, which in the opinion of the Registrar of Societies so nearly resembles the name by
which any other existing society has been previously registered under this Act or anybody corporate
which has been incorporated or registered under any other law for the time being in force as to be likely
to deceive the public or members of either society or anybody corporate, or which, without the previous
permission of the Government concerned, suggests or is calculated to suggest the patronage of that
Government or connection with anybody constituted by that Government or any local authority, or
which may, subject to any rules made in that behalf, be deemed to be undesirable by the Registrar of
Societies.”.
[Vide the Odisha Act 6 of 2013, s. 2]
**Union territory of Ladakh**
**Section 3.—For "Registrar", substitute "Registrar of Societies."**
# [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide
Notification No. S.O.3805(E), dated (26-10-2020).]
1. This section was amended in its application to Berar by s. 14 of the Central Provinces and Berar Vidya Mandir Act, 1939 (C.
P. & B. Act 3 of 1940).
2. The words “the Governors-General of India in Council” have been successively adapted by the A.O. 1937 and the A.O. 1950
to read as above.
3. The word “Govt.” has been successively adapted by the A.O. 1937 and the A. O. 1950 to read as above.
-----
**Uttarakhand**
**Amendment of section 3.—In Principal Act sub-section (1) of section 3 of shall be substituted as**
follows, namely:-
“3. Registration and fees.—(1) Upon such memorandum and its digitally signed copy being
filed alongwith particulars of the address of Society office which will be registered address, by the
secretary of the society on behalf of the persons subscribing to the memorandum, the Registrar shall
certify under his digital signature that the society is registered under this Act, For every such
registration fees of five thousand five hundred and fifty rupees shall be paid to Registrar. For every
such registration for Youth/Women Mangal Dal, Women Group/Community Group fees of fifty
rupees shall be paid.
Provided further that the State Government may, by notification in the Official Gazette, increase
from time to time the fee payable under this sub-section.
Provided further that the Registrar may, in his discretion, issue public offline notice or issue
offline notice to such persons as he thinks fit inviting offline objections, if any against the proposed
registration and consider all objections that may be received by him before registering the society.
The prescribed fee of registration shall be submitted online after the online approval of
registration by the Registrar. After depositing the prescribed fees, the digitally signed Society
Registration Certificate shall be downloaded by the applicant.
[Vide Uttarakhand Act 4 of 2019, s. 3]
**Haryana**
**Amendment of Section 3 of Central Act 21 of 1860.— In Section 3 of the Societies Registration Act,**
1860 (hereinafter called the principal Act), for the words "fifty rupees", the words "two hundred and fifty
rupees" shall be substituted.
[Vide Haryana Act 14 of 2001, s. 2]
**Insertion of section 3A in Central Act 21 of 1860.—After section 3 of the principal Act, the following**
section shall be inserted, namely:-
“3A. Refusal of registration.—(1) The Registrar may, in his discretion, issue public notice or
issue notice to such persons as he thinks fit inviting objections, if any, against the proposed
registration and consider all objections that may be received by him before registering the society.
(2) Notwithstanding anything contained in section 3, the Registrar shall refuse to register a
society, if after giving it an opportunity of showing cause against such refusal, he is satisfied that—
(a) the name of the society is identical with that of any other society previously registered
under this Act;
(b) the name of the society sought to be registered uses any of the words, namely:-- ‘Union’,
‘State’, ‘Land Mortgage’, ‘Land development’, ‘Co-operative’, ‘Gandhi’, ‘Reserve Bank’ or any
words expressing or implying the sanction. Approval or patronage of the Central or any State
Government or any word which suggests or is calculated to suggest any connection with any
local authority or any corporation or body constituted by or under any law for the time being in
force or is such as is otherwise likely to deceive the public or the members of any other society
previously registered under this Act;
(c) anyone or more of the objects of the society sought to be registered is not an object
mentioned in section 1 and 20; or
(d) its objects are contrary to any other law for the time being in force or contrary to public
policy.”.
[Vide Haryana Act 14 of 2007, s. 3]
**4. Annual list of managing body to be filed.—Oncein every year, on or before the fourteenth day**
succeeding the day on which, according to the rules of the society, the annual general meeting of the
-----
society is held, or, if the rules do not provide for an annual general meeting, in the month of January, a list
shall be filed with the Registrar of Joint-stock Companies, of the names, addresses and occupations of the
governors, council, directors, committee, or other governing body then entrusted with the management of
the affairs of the society.
**STATE AMENDMENT**
**Assam**
**Insertion of new section 4A in Act XXI of 1860.- After section 4 of the principal Act, the following**
new section shall be inserted, namely:
“4A. Changes in managing body and rules to be filed.-(1) Together with the list mentioned in
section 4, there shall be sent to the Registrar of Joint Stock Companies a statement showing changes
during the year to which the list relates in the personnel of the governors, council, directors, committee or
other governing body to whom the management of the affairs of the society is entrusted and also a copy
of the rules of the society corrected up-to-date and certified to be a correct copy by not less than three of
the members of the governing body.
(2) A copy of every alteration made in the rules of the society, certified to be a correct copy by not
less than three members of the governing body, shall be sent to the Registrar of Joint Stock Companies
within fifteen days of the making of such alterations.”
[Vide Assam Act 11 of 1952, s. 2]
**Orissa**
**Insertion of new sections 4-A, 4-B and 4-C, Act (21 of 1860).—In the Societies Registration Act,**
1860 (21 of 1860) (hereinafter referred to as the principal Act) after section 4, the following new sections
shall be inserted, namely:
**“4-A Changes in the list mention 4 and rules to be filed.—(1) Without prejudice to the provisions**
of section 4 any change in personnel on the list filed under the said section occurring during the year to
which such list relates shall be intimated to the Registrar or Societies within two months of such change.
(2) A copy of every alteration made in the rules and regulations of the Society, certified to be a
correct copy by not less than three of the Governors, Directors or Members of the governing body, as the
case may be, shall be sent to the Registrar or Societies within two months of the making of such
alteration.
**4-B. Persons by whom lists, etc., are to be sent.—It shall be the duty—**
(a) Of the Chairman or, as the case may be, the President, the Secretary or any other person
authorized in that behalf by the rules and regulations of the Society or by a resolution of the
governing body of the Society; or
(b) Of the Chairman or, as the case may be, the President of the governing body of the Society
where is no such authorization, to file the list mentioned in section 4, or to send the intimation or as
the case may be, the copy mentioned in section 4-A to the Registrar of Societies.
**4-C. Offence.—(1) If any person who is required so do to under the preceding section fails without**
reasonable cause to comply with the provisions thereof, he shall, on conviction, be punishable with fine
which may extend to one hundred rupees.
(2) If any person willfully makes or causes to be made any false entry or alternation in, or any
omission from, the list filed under section 4 or any statement or copy of rules and regulations sent to the
Registrar of Societies under section 4-A, he shall, on conviction, be punishable with fine which may
extend to five hundred rupees.”
[Vide the Orissa Act 8 of 1969, s. 2]
**Union territory of Ladakh**
**Section 4.—For "Registrar of Joint-Stock Companies", substitute "Registrar of Societies".**
**Insertion of new sections—After section 4, insert the following sections, namely:—**
-----
**"4A. Changes in list mentioned in section 4 and rules to be filed.-(1) Without prejudice to the**
provisions of section 4 and change in personnel on the list filed under said section occurring during
the year to which such list relates shall be intimated to the Registrar of Societies within two months of
the making of such changes.
(2) A copy of every alteration made in the rules and regulation of the society, certified to be a
correct copy by not less than three of the Governors, Directors or members of governing body, as the
case may be, shall be sent to the Registrar of Societies within two months of such alteration.
**4B. Persons by whom lists, etc., are to be sent.-It shall be the duty--**
(a) of the Chairman or, as the case may be, the President, the Secretary or any other person
authorised in that behalf by the rules and regulations of the society or by a resolution of the
governing body of the society; or
(b) of the Chairman, or as the case may be, the President of the governing body of the society
where there is no such authorisation,
to file the list mentioned in section 4 or to send the intimation, or as the case may be, the copy
mentioned in section 4A to the Registrar of Societies.
**4C. Offence.-(1) If any person who is required so to do under the preceding section fails**
without reasonable cause to comply with the provisions thereof, he shall, on conviction, be
punishable with fine which may extend to one thousand rupees.
(2) If any person wilfully makes or causes to be made any false entry or alteration in, or any
omission from, the list filed under section 4 or any statement or copy of rules and regulations sent
to the Registrar of Societies under section 4A, he shall on, conviction, be punishable with fine
which may extend to five thousand rupees.".
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020,
_vide Notification No. S.O.3805(E), dated (26-10-2020).]_
**Arunachal Pradesh**
**After section 4, the following section shall be inserted, namely:-**
**“4A. Change in Managing Body and rules to be files.—(1) Together with the list mentioned, in**
section 4, there shall be sent to the Registrar a statement showing changes during the year to which
the list relates in the personnel of the Governor, council, directors, committee or other governing
body to whom the management of the affairs of the societies is entrusted and also a copy of the rules
of the society corrected up-to-date and certified to be a correct copy by not less than three members of
the governing body.
(2) A copy of every alteration made in the rules of the society certified to be a correct copy by not
less than three members of the governing body, shall be sent to the Registrar within fifteen days of
the making of such alteration.”
[Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the schedule]
**Haryana**
**Amendment of Section 4 of Central Act 21 of 1860.—In Section 4 of the principal Act, the following**
words shall be added at the end, namely :—
"There shall be paid to the Registrar for every list a fee of ten rupees.".
[Vide Haryana Act 14 of 2001, s. 3]
**5. Property of society how vested.—The property, movable and immovable, belonging to a society**
registered under this Act, if not vested in trustees, shall be deemed to be vested, for the time being, in the
governing body of such society, and in all proceedings, civil and criminal, may be described as the
property of the governing body of such society by their proper title.
-----
**STATE AMENDMENT**
**Uttarakhand**
**Insertion of section 5A.—In Principal Act after section 5 the following section shall be inserted,**
namely:-
“5A. Restriction on transfer of property.---(1) Notwithstanding anything contained in any law,
contract or other instrument, it shall not be lawful for the governing body of a society registered under
this Act or any of its members to transfer, without the previous approval of the court, any immovable
property belonging to any such society.
(2) Every transfer made in contravention of sub-section (1) shall be void.
_Explanation I.—For the purposes of this section the word “court” shall have the meaning_
assigned to it in section 13.
_Explanation II.—For the purposes of this section the word “transfer” means—_
(d) a mortgage, charge, sale, gift or exchange.
(e) lease for term exceeding five years; or
(f) irrevocable licence.”
[Vide Uttarakhand Act 4 of 2019, s. 4]
**Omission of section 5-A of Act no. 21 of 1860.—Section 5-A of the Societies Registration Act, 1860**
shall be omitted.
[Vide Uttarakhand Act 23 of 2014, s. 2]
**6. Suits by and against societies.—Everysociety registered under this Act may sue or be sued in the**
name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and
regulations of the society, and, in default of such determination, in the name of such person as shall be
appointed by the governing body for the occasion:
Provided that it shall be competent for any person having a claim or demand against the society, to
sue the president or chairman, or principal secretary or the trustees thereof, if on application to the
governing body some other officer or person be not nominated to be the defendant.
**7. Suits not to abate.—Nosuit or proceeding in any Civil Court shall abate or discontinue by reason**
of the person, by or against whom such suit or proceedings shall have been brought or continued, dying or
ceasing to fill the character in the name whereof he shall have sued or been sued, but the same suit or
proceeding shall be continued in the name of or against the successor of such person.
**8. Enforcement of judgment against society.—Ifa judgment shall be recovered against the person**
or officer named on behalf of the society, such judgment shall not be put in force against the property,
movable or immovable, or against the body of such person or officer, but against the property of the
society.
The application for execution shall set forth the judgment, the fact of the party against whom it shall
have been recovered having sued or having been sued, as the case may be, on behalf of the society only,
and shall require to have the judgment enforced against the property of the society.
**9. Recovery of penalty accruing under bye-law.—Wheneverby any bye-law duly made in**
accordance with the rules and regulations of the society, or, if the rules do not provide for the making of
bye-laws, by any bye-law made at a general meeting of the members of the society convened for the
purpose (for the making of which the concurrent votes of three-fifths of the members present at such
meeting shall be necessary), any pecuniary penalty is imposed for the breach of any rule or bye-law of the
society, such penalty, when accrued, may be recovered in any Court having jurisdiction where the
defendant shall reside, or the society shall be situate, as the governing body thereof shall deem expedient.
**10. Members liable to be sued as strangers.—Anymember who may be in arrear of a subscription**
which according to the rules of the society he is bound to pay, or who shall possess himself of or detain
any property of the society in a manner or for a time contrary to such rules, or shall injure or destroy any
-----
property of the society, may be sued for such arrear or for the damage accruing from such detention, injury,
or destruction of property in the manner hereinbefore provided.
**Recovery by successful defendant of costs adjudged.—Butif the defendant shall be successful in**
any suit or other proceeding brought against him at the instance of the society, and shall be adjudged to
recover his costs, he may elect to proceed to recover the same from the officer in whose name thesuit
shall bebrought, or from the society, and in the latter case shall have process against the property of the
said society in the manner above described.
**11. Members guilty of offences punishable as strangers.—Anymember of the society who shall**
steal, purloin or embezzle any money or other property, or wilfully and maliciously destroy or injure any
property of such society, or shall forge any deed, bond, security for money, receipt, or other instrument,
whereby the funds of the society may be exposed to loss, shall be subject to the same prosecution, and, if
convicted, shall be liable to be punished in like manner, as any person not a member would be subject and
liable to in respect of the like offence.
**12. Societies enabled to alter, extend, or abridge their purposes.—Whenever it shall appear to the**
governing body of any society registered under this Act, which has been established for any particular
purpose or purposes, that it is advisable to alter, extend, or abridge such purpose to or for other purposes
within the meaning of this Act, or to amalgamate such society either wholly or partially with any other
society, such governing body may submit the proposition to the members of the society in a written or
printed report, and may convene a special meeting for the consideration thereof according to the
regulations of the society;
but no such proposition shall be carried into effect unless such report shall have been delivered or
sent by post to every member of the society ten days previous to the special meeting convened by the
governing body for the consideration thereof, nor unless such proposition shall have been agreed to by the
votes of three-fifths of the members delivered in person or by proxy, and confirmed by the votes of threefifths of the members present at a second special meeting convened by the governing body at an interval
of one month after the former meeting.
**STATE AMENDMENT**
**Assam**
**Insertion of new sections 12A,12B and 12C in Act XXI of 1860.- After section 12 of the Societies**
**Registration Act, 1860 (XXI of 1860), the following shall be inserted, namely:--**
"12A. Change of name.--Any society registered under this Act may, with the consent of not less
than two-thirds of the total number of its members' by a resolution at a general meeting convened for
the purpose and subject to the provisions of section 12B, change its name.
**12B. Notice of change of name.--(1) Notice in writing of every change of name, signed by the**
Secretary and, by seven members of the society changing its name, shall be sent to the Registrar;
(2) If the proposed name is identical with that by which any other existing society has been
registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive
the public, the Registrar shall refuse to register the change of name.
(3) Save as provided in sub-section (2), the Registrar shall, if he is satisfied that the provisions of
this Act in respect of change of name have been complied with, register the change of name and the
change of name shall have effect from the date of such registration.
**12C. Effects of change of name.--The change in the name of a society registered under this Act**
shall not affect any rights or obligations of the society or render defective any legal proceeding by or
against the society, and any legal proceeding which might have been continued or commenced by or
against it by its former name may be continued or commenced by or against it by its new name".
[Vide Assam Act 14 of 1948, s. 2]
-----
**Orissa**
**Amendment of a section 12, Act (21 of 1860).—In section 12 of the principal Act—**
(a) in the first paragraph after the words “any other society” the words “ or whenever the
governing body of any such society decides to change the name of the society” shall be inserted;
(b) after the second paragraph the following proviso shall be inserted, namely:—
“Provided that no proposition for amalgamation shall be carried into effect unless it has been
considered, agreed to and confirmed by all the concerned societies in the manner prescribed in this
section”.
[Vide the Orissa Act 8 of 1969, s. 3]
**Orissa**
**Insertion of new sections 12-A, 12-B and 12-C, Act 21 of 1860.—After section 12 of the principal**
**Act the following new sections shall be inserted, namely:—**
**12-A. Registration of change of name.—(1) Where a proposition for change of name has been**
agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition so agreed to
and confirmed shall be forwarded to the Registrar of Societies for registering the change of name. If the
proposed name is identical with that by which any other existing society has been registered or in the
opinion of the Registrar so nearly resembles the name of such other society as is likely to deceive the
public or the members of either society, the Registrar shall refuse to register the change of name.
(2) Save as provided in sub-section (1), the Registrar shall, if he is satisfied that the provisions of this
Act in respect of the change of name have been complied with, register the change of name and issue a
certificate of registration altered to meet the circumstances of the case. On the issue of such certificate the
change of name shall be complete.
(3) The Registrar shall charge for any copy of a certificate issued under sub-section (2) a fee of rupee
one and all fees so paid shall be accounted for to the State Government.
**12-B. Effect of change of name.—The change in the name of a society shall not affect any rights or**
obligations of the society or render defective any legal proceeding by or against the society; and any legal
proceeding which might have been continued or commenced by or against it by its former name may be
continued or commenced by or against it by the new name.
**12-C. Registration of change of name effected before commencement of the societies**
**Registration Amendment.—If any society registered under this Act has, before the date of the coming**
into force of the Societies Registration (Orissa Amendment) Act, 1969 intimated to the Registrar the
change of its name and if the Registrar has recorded such change the Registrar may, notwithstanding
anything contained in this Act, on an application made by the society in this behalf and on payment of
fees as provided in sub-section (3) of section 12-A register the change of such name and issue a certificate
to the society under sub-section (2) of the said section. On the issue of such certificate the change shall be
deemed to be complete from the date on which such change was recorded by the Registrar.”
[Vide the Orissa Act 8 of 1969, s. 4]
**Orissa**
**Amendment of section 12A.—In the principal Act, in section 12A,—**
(a) for sub-section (1), the following sub-sections shall be substituted, namely:—
-----
“(1) Where a proposition for change of name has been agreed to and confirmed in the manner
prescribed by section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to
the Registrar of Societies for registering the change of name”.
(1A) The Registrar of Societies may refuse to register the change of name, if he is of the opinion
that the proposed change of name is undesirable for any of the reasons mentioned in section 3A.”.
(b) after sub-section (3), the following sub-section shall be inserted, namely:—
“(4) if, through inadvertence or otherwise a society is registered by a name which is identical with
or, which in the opinion of the Registrar of Societies so nearly resembles the name by which any
other existing society has been previously registered under this Act or any body corporate which has
been incorporated or registered under any other law for the time being in force or any body
constituted by the Government or any local authority the Registrar of Societies may after hearing
the party concerned direct the society to change the name and the society shall change its name
within a period of three months from the date of issue of the direction in accordance with the
provisions of this Act, or such longer period as the Registrar of Societies may think fit to allow.”.
[Vide the Orissa Act 6 of 2013, s. 3]
**Insertion of a new section.—In the principal Act, after section 12-C, the following section shall be**
inserted, namely:—
**12-D. Registrar’s power to cancel registration in certain circumstance.—(1) Notwithstanding**
anything contained in this Act, the Registrar may, be order in writing, cancel the registration of any
society on any of the following grounds, namely:—
(a) the registration of the society, or its name or change of name is contrary to the provisions of
this Act or of any other law for the time being in force; or
(b) its activities or, opposed activities have been, or are subversive of the objects of the society or
proposed to public policy; or
(c) the registration certificate has been obtained by misrepresentation of fact or fraud; or
(d) the society fails to comply the direction issued under sub-section (4) of section 12-A:
Provided that no order of cancellation of registration of any society shall be passed until the society
has been given a reasonable opportunity of altering its name or objects or of showing cause against the
action proposed to be taken in regard to it.”.
[Vide the Act Orissa Act 6 of 2013, s. 4]
**Union territory of Ladakh**
**Section 12.—**
(i) after "any other society", insert "or whenever the governing body of any such society decides
to change the name of the society"; and
(ii) after the words "after the formal meeting" insert-
"Provided that no proposition for amalgamation shall be carried into effect unless it has been
considered, agreed to and confirmed by all concerned societies in the manner prescribed in this
section.”.
-----
**Insertion of new sections—**
**After section 12, insert—**
**"12A. Registration of change of name.-(1) Where a proposition for change of name has**
been agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition
so agreed to and confirmed shall be forwarded to the Registrar for registering the change of name
and if the proposed change in the name is in his opinion undesirable for any of the reasons
mentioned in section 3A, the Registrar shall refuse to register the change of name.
(2) Save as provided in sub-section (1), the Registrar shall, if he is satisfied that the
provisions of this Act in respect of change of name have been complied with, register the change
of name and issue a certificate of registration altered to meet the circumstances of the case, and
on the issue of such a certificate the change of name shall be complete.
(3) The Registrar shall charge for any copy of a certificate issued under sub-section (2), a fee
of rupee five hundred and all fees so paid shall be accounted for to the Administration of the
Union territory of Ladakh.
(4) If, through inadvertence or otherwise, a society is registered by a name which should not
have been registered (due regard being had to the provisions of section 3A), the Registrar may,
after hearing the party concerned direct the society to change the name; and the society shall
change its name within a period of three months from the date of the direction in accordance with
the provisions of this Act, or such longer period as the Registrar may think fit to allow.
**12B. Effect of change of name.-The change in the name of society shall not affect any rights**
or obligations of the society or render defective any legal proceeding by or against the society and
any legal proceeding which might have been continued or commenced by or against it by its
former name may be continued or commenced by or against it by its new name.
**12C. Maintenance of accounts and their balancing and accounting.-(1) Every governing**
body entrusted with the management of the affairs of a society registered under this Act shall
keep regular accounts.
(2) Such accounts shall be kept in such form as may be approved by the Registrar, and shall
contain such particulars as may be prescribed by rules.
(3) The accounts shall be balanced each year on the 31st day of March or such other day as
may be fixed by the Registrar.
(4) The accounts shall be audited annually in such manner as may be prescribed by rules and
by a person who is a Chartered Accountant within the meaning of the Chartered Accountants Act,
1949 (38 of 1949), or by such persons as may be authorised in this behalf by the Administration
of the Union territory of Ladakh.
**12D. Auditor's duty to prepare balance sheet and report irregularities, etc.-(1) It shall be**
the duty of every auditor auditing the accounts of a society under section 12C to prepare balancesheet and income and expenditure account and to forward a copy of the same to the Registrar.
(2) The auditor shall in his report specify all cases of irregular, illegal or improper
expenditure or failure or omission to recover money or other property belonging to the society or
of loss or waste of money or other property thereof, and state whether such expenditure, failure,
omission, loss or waste was caused in consequence of branch of trust or misapplication or any
other misconduct on the part of the governing body or any other person.".
# [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide
Notification No. S.O.3805(E), dated (26-10-2020).]
-----
**Arunachal Pradesh**
**After section 12, the following sections shall be inserted namely:—**
**“12A. Change of name.—A society registered under this Act may, with the consent of not less than**
two-thirds of the total number of its members, by a resolution, at a general meeting convened for the
purpose and subject to the provisions of section 12B change its name.”
“12B. Notice of change of name.—(1) Notice in writing of every change of name, signed by the
Secretary and by seven members of the society, shall be sent to the Registrar.
(2) If the proposed name is identical with that by which any other existing society has been registered
or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public, the
Registrar shall refuse to register the change of name.
(3) Save as provided in sub-section (2), the Registrar shall, if he is satisfied that the provisions of this
Act in respect of change of name shall have been complied with, register the change of name and the
change of name shall have effect from the date such registration.”.
“12C.Effect of change of name.—The change in the name of a society registered under this Act
shall not effect any right or obligation of the society or render defective any legal proceeding by or
against the society and any legal proceeding which might have been continued or commenced by or
against it by its former name may be continued or commenced by or against it by its changed name.”
[Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the Schedule]
**Haryana**
**Insertion of section 12C, 12D and 12E in Central Act 21 of 1860.—After section 12B of the principal**
Act, the following sections shall be inserted, namely:—
**"12C. Maintenance of accounts and their balancing and auditing.—(1)** Every governing body
entrusted with the management of the affairs of a society registered under this Act shall keep regular
accounts.
(2) The accounts shall be kept in such form as may be approved by the Registrar, and shall
contain such particulars as may be prescribed.
(3) The accounts shall be balanced each year on the 31st day of March or on such other day as
may be fixed by the Registrar.
(4) The accounts shall be audited annually in such manner as may be prescribed and by a person
who is a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (Act 38 of
1949), or by such person as may be authorized in this behalf by the State Government.
**12D. Auditor's duty to prepare balance sheet and report irregularities, etc.—(1) It shall be**
the duty of every auditor auditing the accounts of a society under section 12C to prepare balance
sheet and income and expenditure account and to forward a copy of the same to the Registrar.
(2) The auditor shall in his report specify all cases of irregular, illegal or improper expenditure or
failure or omission to recover money or other property belonging to the society or of loss or waste of
money or other property thereof, and state whether such expenditure, failure, omission, loss or waste
caused in consequence of breach of trust or misapplication or any other misconduct on the part of the
governing body or any other person.
**12E. Registrar's power to cancel registration in certain circumstances.—(1) Notwithstanding**
anything contained in this Act, the Registrar may, by order in writing cancel the registration of any
society on any of the following grounds:-
(a) that the registration of the society or of its name or change of name is contrary to the
provisions of this Act or of any other law for the time being in force;
(b) that its activities or proposed activities have been or are or will be subversive of the
objects of the society or opposed to public policy;
-----
(c) that the registration certificate has been obtained by misrepresentation or fraud;
(d) that the society is carrying on any unlawful activity or allows unlawful activity to be
carried on within any premises under the control of the society:
Provided that no order of cancellation of registration of any society shall be passed until the
society has been given a reasonable opportunity of altering its name or object or of showing cause
against the action proposed to be taken in regard to it.
(2) An appeal against an order made under sub-section (1) may be preferred to such authority and
within such time and in such manner as may be prescribed.
(3) The decision of the authority under sub-section (2), shall be final.".
[Vide Haryana Act 14 of 2007, s. 4]
**13. Provision for dissolution of societies and adjustment of their affairs.—Anynumber not less**
than three-fifths of the members of any society may determine that it shall be dissolved, and thereupon it
shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the
disposal and settlement of the property of the society, its claims and liabilities, according to the rules of
the said society applicable thereto, if any, and, if not, then as the governing body shall find expedient
provided that, in the event of any dispute arising among the said governing body or the members of the
society, the adjustment of its affairs shall be referred to the principal Court of original civil jurisdiction of
the district in which the chief building of the society is situate; and the Court shall make such order in the
matter as it shall deem requisite:
Provided that no society shall be dissolved unless three-fifths of the members shall have expressed a
wish for such dissolution by their votes delivered in person, or by proxy, at a general meeting convened
for the purpose:
Provided that [1] [whenever any Government] is a member of, or a contributor to, or otherwise
interested in any society registered under this Act, such society shall not be dissolved [2][without the
consent of the Government of the State of registration].
**STATE AMENDMENT**
**Assam**
**Amendment of section 13 of Act XXI of 1860.- In section 13 of the said Act,--**
(a) after the words "as the governing body" the words "or special Committee formed to
replace the governing body in respect of all matters affecting the winding up of the affairs of the
Society;" shall be inserted;
(b) after the words "the said governing body" the words "should it not have been replaced by
the aforesaid special Committee in respect of all matters affecting the winding up of the Society,
or the said special Committee,’’ shall be inserted.
(2) After section 13 of the Act, the following proviso shall be inserted as the first proviso,
namely:
Provided that any matter decided by three-fifths of those present either in person or by proxy at
any meeting of the members of the Society or of the governing body thereof or of any special
Committee appointed at a General Meeting for the purpose of winding up of the affairs of a Society
shall not be deemed to be a matter of dispute within the meaning of this section.
[Vide Assam Act 15 of 1948, s. 2]
1. Subs. by the A.O. 1937, for “whenever the Government”.
2. Subs., ibid,.for “without the consent of Government”.
-----
**Arunachal Pradesh**
**In section 13:--**
(a) after the words “as the governing body”, the words “or special committee formed to replace
the governing body in respect of all matters affecting the winding up of the affairs of the society”
shall be inserted;
(b) after the words “the said governing body”, the words “should it have not been replaced by the
aforesaid special committee in respect of all matters affecting the winding up of the society, or the
said special committee” shall be inserted;
(c) in the second proviso, for the words “Government of the State of registration”, the word
“Administrator” shall be substituted;
(d) after the second proviso, the following further proviso shall be inserted, namely:-Provided further that any matter decided by three-fifth of those present either in person or by
proxy at any meeting of the members of the society or of any governing body thereof or of any
special committee appointed at a general meeting for the purpose of winding up of the affairs of a
society shall not be deemed to be a matter of dispute within the meaning of this section.”
[Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the Schedule]
**14. Upon a dissolution no member to receive profit.—If upon the dissolution of any society**
registered under this Act there shall remain after the satisfaction of all its debts and liabilities any property
whatsoever, the same shall not be paid to or distributed among the members of the said society or any of
them, but shall be given to some other society, to be determined by the votes of not less than three-fifths
of the members present personally or by proxy at the time of the dissolution, or, in default thereof, by
such Court as aforesaid:
**Clause not to apply to Joint-stock Companies.—Provided, however, that this clause shall not apply**
to any society which shall have been founded or established by the contributions of shareholders in the
nature of a Joint-stock Company.
**STATE AMENDMENT**
**Assam**
**Amendment of section 14 of Act XXI of 1860.—In section 14 of the said Act, after the words “some**
other society,” the words “whether registered under this Act or not,” shall be inserted.
[Vide Assam Act 15 of 1948, s. 3]
**Tripura**
**Amendment of Central Act XXI of 1860 by inserting a new section 14A—In its application to the**
Union territory of Tripura, after section 14 insert the following new section, namely—
“14A. Disposal of property of a dissolved society.—Notwithstanding anything contained in section
14 it shall be lawful for the members of any society dissolved under section 13 to determine by a majority
of the votes of the members present personally or by proxy at the time of the dissolution of such society
that any property whatsoever remaining after the satisfaction of all the debts and liabilities shall be given
to the Government of Tripura to be utilised for any of the purposes referred to in section 1.
[Vide Tripura Act 5 of 1969, s. 2]
**15. Member defined. Disqualified members.—For the purposes of this Act a member of a society**
shall be a person who, having been admitted therein according to the rules and regulations thereof, shall
have paid a subscription, or shall have signed the roll or list of members thereof, and shall not have
resigned in accordance with such rules and regulations; but in all proceedings under this Act no person
shall be entitled to vote or be counted as a member whose subscription at the time shall have been in
arrear for a period exceeding three months.
**16. Governing body defined.—The governing body of the society shall be the governors, council,**
directors, committee, trustees or other body to whom by the rules and regulations of the society the
management of its affairs is entrusted.
-----
**STATE AMENDMENT**
**Haryana**
**Amendment of section 16 of Central Act 21 of 1860.— In section 16 of the principal Act, after the**
words and signs "committee, trustees,", the words "trustee mandal" shall be inserted.
[Vide Haryana Act 14 of 2007, s. 5]
**Insertion of section 16A** in **Central Act 21 of 1860.—** After section 16 of the principal Act, the
following section shall be inserted, namely: -
"16A. Duties, functions and powers of governing body.— The duties, functions and powers of
governing body of the society shall be such as may be prescribed.".
[Vide Haryana Act 14 of 2007, s. 6]
**17. Registration of societies formed before Act.—Any company or society established for a**
literary, scientific, or charitable purpose, and registered under [1]Act 43 of 1850, or any such society
established and constituted previously to the passing of this Act but not registered under the said [3]Act 43
of 1850, may at any time hereafter be registered as a society under this Act; subject to the proviso that no
such company or society shall be registered under this Act unless an assent to its being so registered has
been given by three-fifths of the members present personally, or by proxy, at some general meeting
convened for that purpose by the governing body.
In the case of a company or society registered under [3]Act 43 of 1850, the directors shall be deemed to
be such governing body.
In the case of a society not so registered, if no such body shall have been constituted on the
establishment of the society, it shall be competent for the members thereof, upon due notice, to create for
itself a governing body to act for the society thenceforth.
**18. Such societies to file memorandum, etc., with Registrar of Joint-stock Companies.—In order**
to any such society as is mentioned in the last preceding section obtaining registry under this Act, it shall
be sufficient that the governing body file with the Registrar of Joint-stock Companies [2] *** a
memorandum showing the name of the society, the objects of the society, and the names, addresses and
occupations of the governing body, together with a copy of the rules and regulations of the society
certified as provided in section 2, and a copy of the report of the proceedings of the general meeting at
which the registration was resolved on.
**STATE AMENDMENT**
**Union territory of ladakh**
**Section 18.—For "Registrar of Joint-Stock Companies", substitute "Registrar of Societies".**
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide
Notification No. S.O. 3805(E), dated (26-10-2020).]
**19. Inspection of documents, Certified copies.—Any person may inspect all documents filed with**
the Registrar under this Act on payment of a fee of one rupee for each inspection; and any person may
require a copy or extract of any document or any part of any document, to be certified by the Registrar, on
payment of two annas for every hundred words of such copy or extract; and such certified copy shall be
_prima facie evidence of the matters therein contained in all legal proceedings whatever._
**STATE AMENDMENT**
**Union territory of ladakh**
**Section 19.—For "Registrar", substitute "Registrar of Societies".**
1. Rep. by the Indian Companies Act, 1866 (10 of 1866), s. 719, see now the Companies Act, 1956 (1 of 1956).
2. The words and figures “under Act 19 of 1857”, rep. by Act 16 of 1874, s. 1 and the Schedule, Pt. 1, _see now the Companies Act, 1956 (1 of_
1956).
-----
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide
Notification No. S.O. 3805(E), dated (26-10-2020).]
**Arunachal Pradesh**
In section 19, for the words “two annas”, the words fifteen paise” shall be substituted.
[Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the Schedule]
**Uttarakhand**
**Substitution of section 19.—In Principal Act section 19 shall be substituted as follows, namely:--**
“19. Inspection of documents, Certified copies.—Any person may inspect all document files with
the Registrar under this act on payment of a fee of thee hundred rupees for each inspection; and any
person may require a digitally signed copy or extract of any documents or any part of any document or
any part of any documents, to be digitally certified by the Registrar on payment of rupees one hundred as
ordinary fee and rupees two such copy or extract and digital signed copy shall prima facie evidence of
the matters therein contained in all legal proceedings whatever.
Provided further that the State Government may, by notification in the Official Gazette, increase from
time to time the fee payable under this sub-section.
[Vide Uttarakhand Act 4 of 2019, s. 5]
**Haryana**
**Amendment of Section 19 of Central Act 21 of 1860.— In Section 19 of the principal Act,—**
(i) for the words "one rupee", the words "twenty rupees" shall be substituted ; and
(ii) for the words "twenty-five naye paise for every hundred words", the words "ten rupees per
page or part thereof” shall be substituted.
[Vide Haryana Act 14 of 2001, s. 4]
**20. To what societies Act applies.—The following societies may be registered under this Act:—**
Charitable societies, the military orphan funds or societies established at the several presidencies of
India, societies established for the promotion of science, literature, or the fine arts, for instruction, the
diffusion of useful knowledge,[1][the diffusion of political education] the foundation or maintenance of
libraries or reading-rooms for general use among the members or open to the public, or public museums
and galleries of paintings and other works of art, collections of natural history, mechanical and
philosophical inventions, instruments, or designs.
**STATE AMENDMENT**
**Assam**
**Insertion of new sections 21 and 22 in Act XXI of 1860.—After section 20 of the principal Act, the**
following new section shall be inserted, namely: —
**“21. Penalties.—(1) if the President, Secretary or any other person authorized in this behalf by a**
resolution of the governing body of the society fails to comply with the provisions of section 4, he shall,
on conviction, be punishable with fine which may extend to five hundred rupees and in case of a
continuing breach, shall also be punishable with fine not exceeding fifty rupees for each day, during the
period the breach continues after first conviction for such offence.
(2) If any person willfully makes or causes to be made any false entry in, or any omission from, the
list required by section 4, or in or from any statement of copy of rules or of alterations in rules sent to the
Registrar of Joint Stock Companies under section 4A, he shall, on conviction, be punishable with fine
which may extend to two thousand rupees.
1. Ins. by Act 22 of 1927, s. 2.
-----
**Haryana**
**Insertion of section 22 to 32 in Central Act 21 of 1860.— After section 21 of the principal Act, the**
following sections shall be added at the end, namely:—
"22. Power of Registrar to call for information.—(1) The Registrar may, by written order,
require any society to furnish in writing such information or document within such time, being
ordinarily not less than three weeks from the date of receipt of the order by the society, as he may
specify in the order in connection with the affairs of the society or any documents filed by the society
under this Act.
(2) On receipt by the society of an order under sub-section (1), it shall be the duty of the
President, Secretary or any other person authorized in this behalf to furnish such information or
documents.
**23. Investigations of affairs of society.— (1) Where on the information received under section**
22 or otherwise, the Registrar is of opinion that there is apprehension that the affairs of a society
registered under this Act are being so conducted as to defeat the objects of the society or that the
society or its governing body by whatever name called, or any office-bearer thereof in actual effective
control of the society is guilty of mismanaging its affairs or of any breach of fiduciary or other like
obligations, the Registrar may, either himself or by any person authorized by him in that behalf,
inspect or investigate into the affairs of the society or inspect any institution managed by the society.
(2) It shall be the duty of every office-bearer of the society when so required by the Registrar or
other person authorised under sub-section (1) to produce any books of account and other records of or
relating to the society which are in his custody and to give him all assistance in connection with such
inspection or investigation.
(3) The Registrar or other person authorized under sub-section (1) may call upon and examine on
oath any office-bearer, member or employee of the society in relation to the affairs of the society and
it shall be the duty of every office-bearer, member or employee, when called upon, to appear before
him for such examination.
(4) The Registrar or other person authorized under sub-section (1) may, if in his opinion it is
necessary for the purpose of inspection or investigation, seize any or all the records including account
books of the society:
Provided that any person from whose custody such records are seized shall be entitled to make
copies thereof in the presence of the person seizing such records.
(5) On the conclusion of the inspection or investigation, as the case may be, the person, if any,
appointed by the Registrar to inspect or investigate shall make a report to the Registrar on the result
of his inspection or investigation.
(6) The Registrar may, after such inspection or investigation, give such directions to the society
or to its governing body or any office-bearer thereof, as he may think fit, for the removal of any
defects or irregularities within such time es may be specified and in the event of default in taking
action according to such directions, the Registrar may proceed to take action under section 12E or
section 30, as the case may he.
**24. Disputes regarding election of office-bearers.—(1) The prescribed authority may, on a**
reference made to it by the Registrar or by at least one-fourth of the members of a society registered
in Haryana, beat and decide in a summary manner any doubt or dispute in respect of the election or
continuance in office of an office-bearer of such of society, and may pass such orders-in respect
thereof it deems fit:
Provided that the election of an office-bearer shall be set aside where the prescribed authority is
satisfied—
(a) that any corrupt practice has been committed by such office bearer; or
(b) that the nomination of any candidate has been improperly rejected; or
-----
(c) that the result of the election insofar as it concerns to such office-bearer has been
materially affected by the improper acceptance of any nomination or by the improper reception,
refusal or rejection of any vote or the reception of any vote which is void or by any noncompliance with the provisions of any rules of the society.
_Explanation I.— A person shall be deemed to have committed a corrupt practice who, directly or_
indirectly, by himself or by any other person, –
(i) induces, or attempts to induce, by fraud, intentional misrepresentation, coercion or threat
of injury, any elector to give on to refrain from giving a vote in favour of any candidate, or any
person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at the
election;
(ii) with a view to inducing any elector to give or to refrain from giving a vote in favour of
any candidate, or to inducing any person to stand or not to stand as, or to withdraw or not to
withdraw from being a candidate at the election, offers or gives any money, or valuable
consideration, or any place or employment, or holds out any promise of individual advantage or
profit to any person;
(iii) abets (within the meaning of the Indian Penal Code) the doing of any of the acts
specified in clauses (i) and (ii);
(iv) induces or attempts to induce ni candidate or elector to believe that he, or any person in
whom he is interested, will become or will be rendered an object of divine displeasure or spiritual
censure;
(v) canvasses on grounds of caste, community, sect or religion;
(vi) commits such other practice as the State Government may prescribe to be a corrupt
practice.
_Explanation II. -- A promise of individual advantage or profit to a_ person includes a promise for the
benefit of the person himself, or of anyone in whom he is interested.
_Explanation III.---_ The State Government may prescribe the procedure for hearing and decision of
doubts or disputes in respect of such elections and make provision in respect of any other matter relating
to such elections for which insufficient provision exists in this Act or in the rules of the society.
(2) Where by an order made under sub-section (1) an election is set aside or an office-bearer is held
no longer entitled to continue in notice or where the Registrar is satisfied that any election of office
bearers of a society has not been held within the time specified in the rules of that society, he may call a
meeting of the general body of such society for electing such office bearer or office-bearers, and such
meeting shal1 be presided over and be conducted by the Registrar or by any officer advisory by him in
this behalf, and the prescribe the rules of the society relating to meetings and elections shall apply to such
meeting and election with necessary modifications.
(3) Where a meeting is called by the Registrar under sub-section (2), no other meeting shall be called
for the purpose of election by any other authority or by any person claiming to be an office-bearer of the
society.
_Explanation.— For the purposes of this section, the expression 'prescribed authority' mean, an officer_
or court authorized in this behalf by the State Government by notification published in the Official
Gazette.
**25. Terms of gift to be observed.—Where a society accepts a gift or nation of money or property of**
any other kind from any person for a specific purpose, it shall not use the money or other property gifted
or donated or any part thereof for any other purpose except for the promotion of the activities of the
society.
**26. Penalties.—Any society which–**
(a) fails to furnish the list of managing body or other information required to be furnished under
section 22 or wilfully makes or causes to be made a false entry in, or any omission from, the list or
-----
any statement or copy of rules or of alteration in rules or other information sent to the Registrar under
the said section;
(b) wilfully fails, neglects or refuses to maintain, balance and audit accounts as referred to in
section 12C;
(c) wilfully fails to produce any books of accounts or other records as required by sub-section (2)
of section 23;
(d) wilfully fails to appear before the Registrar or other person authorised by him or otherwise
contravenes the provisions of sub-section (3) of section 23;
shall be punishable with fine which may extend to five thousand rupees.
**27.** **Compounding of offences.—(1)** The Registrar may accept from any person against whom a
reasonable suspicion exists that he has committed any offence punishable under section 26 or against
whom a prosecution under that section has been instituted, a sum of money by way of composition
fee for the offence which such person is suspect or accused to have committed.
(2) On the payment of such composition fee the suspected person shall be discharged and no
further proceedings shall be taken against him, and if persecution of such composition shall have the
effect of his acquittal.
**28. Manner of payment of fees.— Fees payable under the provisions of this Act shall be paid in**
such manner as may be prescribed.
**29. Mode of service of notice by Registrar.— (1) Any notice, order or requisition means for a**
society or for the governing body thereof to be issued by the Registrar may be served on the Secretary
of the society, and service on the Secretary shall be as effectual as if the same had been served on
every member of the society or, as the case may be, on every member of the governing body thereof,
unless the Registrar otherwise directs.
(2) The sending of such notice, order or requisition to the Secretary of the society by registered
post at its registered office shall amount to sufficient service thereof on the society.
**30. Appointment of Administrator.— (1)** Where on receipt of a complaint from three office
bearers of a society or three affected persons or on inspection of records, the Registrar is satisfied, --
(i) that the society is working against the objectives and ideals as per sections 1 and 20 on the
basis of which the society was granted certificate;
(ii) that the society is not working democratically or the elections have not taken place within
the specified time or election taken place fraudulently or against the clauses of memorandum of
association;
(iii) that the office-bears have been nominated against the clause of memorandum of
association;
(iv) that the number of members in a trustee mandal has been purposely kept below seven,
the Registrar may recommend to the State Government to appoint an Administrator :
Provided that no adverse order shall be passed unless an opportunity of being heard has been
given to the concerned society:
Provided further that the action of the Registrar in this behalf shall be final and no appeal shall lie
in any court against such action.
(2) The State Government may, by order published in the Official Gazette, shall appoint an
Administrator of such society who shall not be below the rank of Deputy Secretary for such period,
not exceeding six months, as may be specified in the order to manage the affairs of the society :
Provided that for reasons to be recorded in writing, the State Government may, by like order,
extend the said period for a further duration of six months.
-----
(3) On the appointment of the Administration under sub-section (2), the governing body of the
society shall cease to exercise any powers and perform and discharge any functions or duties
conferred or imposed on it by this Act, or its memorandum of association or the rules and regulations
of any other law and subject to any directions which the State Government may from time to time
issue, all such functions or duties shall be performed or discharged by the Administrator.
(4) The Administrator shall, before the expiry of the period of his appointment, take necessary
action to convene the general body meeting of the society and hold election for the constitution of the
governing body.
(5) If the Administrator is not, for reasons beyond his controlable to convene the general body
meeting or inspite of such meeting being convened the general body fails to elect the governing body,
the Administrator shall forthwith send a report to the State Government who may pass such orders as
are considered necessary, either extending the period of appointment of the Administrator for a
further duration or if satisfied that public interest so requires, for the dissolution of the society.
(6) The State Government may, if it thinks fit, appoint a committee to advise and assist the
Administrator appointed under sub-section (1) in the exercise of the powers and performance and
discharge of the duties and functions conferred or imposed on him under this Act. The members of
the committee shall have such qualifications as may be prescribed and shall hold office during the
pleasure of the State Government.
(7) Where an order of dissolution is passed under sub-section (5), the assets of the society shall
vest in and the liabilities shall devolve on the State Government.
**31. indemnity.— No suit, prosecution or other legal proceedings shalt lie in any court against the**
State Government, the Registrar or against any person appointed for inspection or investigation under
section 23, for anything in good faith done or intended to be done under this Act or the rules made
thereunder.
**32. Power to make rules.—(1) The State Government may, after previous publication, make**
rules not inconsistent with this Act for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the State
Government may make rules—
**(a) prescribing the form of the register of societies and the mode in which entries relating to**
registration are to be made therein, and the mode in which such entries are to be amended or
notes made therein;
(b) regulating the filing of documents received by the Registrar;
(c) prescribing the particulars to be contained in the form of accounts under sub-section (2) of
section 12C;
(d) prescribing the manner in which the accounts shall be audited under sub-section (4) of
section 12C;
(e) prescribing the authority before whom and the time within which an appeal shall be
preferred under sub-section (2) of (g) section 12E. and the manner in which such appeal shall be
filed;
(f) prescribing the duties, functions and powers of governing body of the society under
section 16A;
(g) prescribing conditions for the inspection of original documents and regulating the grant of
copies of documents under section 19;
(h) prescribing the procedure for hearing and decision of doubts or disputes in respect of
elections under sub-section (1) of section 24;
(i) prescribing the manner in which fees payable under this Act shall be paid under section
28;
-----
(j) prescribing the qualifications of members of society under sub-section (6), of section 30:
(k) providing for any other matter for which there is no provision or insufficient provision
exists in this Act and for which provision is, in the opinion of the State Government, necessary
for giving effect to the purposes of this Act.
(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the
House of the State Legislature, while it is in session, If the House agrees in making any modification
in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.”.
[Vide Haryana Act 14 of 2007, s. 7]
**22. Procedure.—(1) No Court inferior to that of a Magistrate of the First Class shall try an offence**
punishable under this Act.
(2) No Court shall take cognizance of an offence punishable under this Act except upon complaint
made by the Registrar of Joint Stock Companies or any other person, authorized in writing by him, in this
behalf.”
[Vide Assam 11 of 1952, s. 3]
**Arunachal Pradesh**
**After section 20, the following sections shall be inserted, namely:-**
“21. Penalties.—(1) If the President, Secretary or any other person authorised in this behalf by a
resolution of the governing body of the society fails to comply with the provisions of section 4A, he
shall, on conviction be punishable with fine which may extend to five hundred rupees and in case of a
continuing breach, shall also be punishable with fine not exceeding fifty rupees for each day, during
the period the breach continue after the first conviction for such offence.
(2) If any person willfully makes or causes to be made any false entry in, or any commission from
the list required by section 4, or in or from any statement or copy of rules or of alterations in rules
sent to the Registrar under section 4A, he shall, on conviction, be punishable with fine which may
extend to two thousand rupees.
**22. Procedure.—(1) No court inferior to that of a Judicial Magistrate of the first class shall try**
any offence punishable under this Act.
Explanation.—Judicial Magistrate of the first class for the purposes of this Act means the Deputy
Commissioner, Additional Deputy Commissioner, Assistant Commissioner and Extra Assistant
Commissioner who has been empowered under the Assam Frontier (Administration of Just)
Regulation, 1945 (1 of 1945), to administer justice in the territory of Arunachal Pradesh.
(2) No. court shall take congnizance of an offence punishable under this Act except upon
complaint made by the Registrar or any other person, authorised in writing by him, in this behalf.”
[Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the Schedule]
**Haryana**
**Amendment of section 20 of Act 21 of 1860.—In section 20, for the words and sign, “instruments or**
design”, the words and sign “instruments or design, promotion of the interest or welfare of the public and
any other object as may be notified by the Government as beneficial to the public”, shall be substituted.
[Vide Haryana Act 23 of 1974, s. 2]
**Insertion of section 22 to 32 in Central Act 21 of 1860.—After section 21 of the principal Act, the**
following sections shall be added at the end, namely:—
"22. Power of Registrar to call for information.—(1) The Registrar may. by written order,
require any society to furnish in writing such information or document within such time, being
-----
ordinarily not less than three weeks from the date of receipt of the order by the society, as he may
specify in the order in connection with the affairs of the society or any documents filed by the society
under this Act.
(2) On receipt by the society of an order under sub-section (1), it shall be the duty of the
President, Secretary or any other person authorized in this behalf to furnish such information or
documents.
**23. Investigations of affairs of society.—(1) Where on the information received under section**
22 or otherwise, the Registrar is of opinion that there is apprehension that the affairs of a society
registered _under_ this Act _are_ being so conducted as to defeat the objects of the society or that the
society or its governing body by whatever name called, or any office-bearer thereof in actual effective
control of the society is guilty of mismanaging its affairs or of any breach of fiduciary or other like
obligations, the Registrar may, either himself or by any person authorized by him in that behalf,
inspect or investigate into the affairs of the society or inspect any institution managed by the society.
(2) It shall be the duty of every office-bearer of the society when so required by the Registrar or
other person authorised under sub -section (1) to produce any books of account and other records of
or relating to the society which are in his custody and to give him all assistance in connection with
such inspection or investigation.
(3) The Registrar or other person authorized under sub -section (1) may call upon and examine on
oath any office -bearer, member or employee of the society in relation to the affairs of the society and
it shall be the duty of every office -bearer, member or employee, when called upon, to appear before
him for such examination.
(4) The Registrar or other person authorized under sub -section (1) may, if in his opinion it is
necessary for the purpose of inspection or investigation, seize any or all the records including account
books of the society:
Provided that any person from whose custody such records are seized shall be entitled to make
copies thereof in the presence of the person seizing such records (5) On the conclusion of the
inspection or investigation, as the case may be, the person, if any, appointed by the Registrar to
inspect or investigate shall make a report to the Registrar on the _result of his inspection_ or
investigation.
(6) The Registrar may, after such inspection or investigation, give such directions to the society oi
to its governing body or any office-bearer thereof, as he may think fit. for the removal of any defects
or irregularities within such time es may be specified and in the event of default in taking action
according to such directions, the Registrar may proceed to take action under section 12E or
section 30, as the case may be.
**24. Dispute regarding election of office-bearers.—(1) The prescribed authority may, on a**
refence made to it by the Registrar or by at least one-fourth of the members of a society registered in
Haryana, meet and decide in a summary manner any doubt or dispute in respect of the election or
continuance in office of an office-bearer of such society, and may pass such orders in respect thereof
as it deems fit:
Provided that the election of an office-bearer shall be set aside where the prescribed authority is
satisfied—
(a) that any corrupt has been committed by such office-bearer; or
(b) that the nomination of any candidate has been improperly rejected; or
(c) that the result of the election insofar as it concerns to such office -bearer has been
materially affected by the improper acceptance of any nomination or by the improper reception,
refusal or rejection of any vote or the reception of any vote which is void or by any noncompliance with the provisions of any rules of the society.
Explanation I.— A person shall be deemed to have committed a corrupt practice who, directly or
indirectly, by himself or by any other person. –
-----
(i) induces, or attempts to induce, by fraud, intentional misrepresentation, coercion or threat
of injury, any elector to give oi to refrain from giving a vote in favour of any candidate, or any
person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at the
election;
(ii) with a view to inducing any elector to give or to refrain from giving a vote in favour of
any candidate, or to inducing any person to stand or not to stand as, or to withdraw or not to
withdraw from being a candidate at the election, offers or gives any money. or valuable
consideration, or any place or employment, or holds out any promise of individual advantage or
profit to any person;
(iii) abets (within the meaning of the Indian Penal Code) the doing of any of the acts
specified in clauses (i) and (ii);
(iv) induces or attempts to induce ti candidate or elector to believe that he, or any person in
whom he is interested, will become or will De rendered an object of divine displeasure or
spiritual censure;
(v) canvasses on grounds of caste, community, sect or religion;
(vi) commits, Lich other practice as the State Government may prescribe to be a corrupt
practice.
_Explanation II.—A promise of individual advantage or profit to a_ person includes a promise for
the benefit of the person himself, or of anyone in whom he is interested.
_Explanation III.— The State Government may prescribe the procedure for hearing and decision of_
doubts or disputes in respect of such elections and make provision in respect of any other matter
relating to such elections for which insufficient provision exists in this Act or in the rules of the
society.
(2) Where by an order made under sub-section (1), an election is set aside or an office -bearer is
held no longer entitled to continue in office or where the Registrar is satisfied that any election of
office bearers of a society has not been held *faun the time specified in the rules of that society, he
may call a meeting of the general body of such society for electing such office bearer or
office-bearers, and such meeting shal1 be presided over and be conducted by the Registrar or the
society relating to meetings and elections shall apply to such meeting and election with necessary
modifications.
(3) Where a meeting is called by the Registrar under sub -section (2), no other meeting shall be
called for the purpose of election by any other authority or by any person claiming to be an office bearer of the society.
_Explanation.—For the purposes of this section, the expression 'prescribed authority' mean, an_
officer or court authorized in this behalf by the State Government by notification published in the
Official Gazette.
**25. Terms of gift to be observed.—Where a society accepts a gift or donation of money or**
property of any other kind from any person for a specific purpose, it shall not use the money or other
property gifted or donated or any part thereof for any other purpose except for the promotion of the
activities of the society.
**26. Penalties.—Any** society which–
(a) fails to furnish the list of managing body or other information required to be furnished
under section 22 or wilfully makes or causes to be made a false entry in, or any omission from,
the list or any statement or copy of rules or of alteration in rules or other information sent to the
Registrar under the said section:
(b) wilfully fails, neglects or refuses to maintain, balance and audit accounts as referred to in
section 12C, wilfully fails to produce any books of accounts or other records as required by
sub-section (2) of section 23;
-----
(d) wilfully fails to appear before the Registrar or other person authorised by him or
otherwise contravenes the provisions of sub -section (3) of section 23;
shall be punishable with fine which may extend to five thousand rupees.
**27. Compounding of offences.—(1)** The Registrar may accept from any person against whom a
reasonable suspicion exists that he has committed any offence punishable under section 26 or against
whom a prosecution under that section has been instituted, a sum of money by way of composition
fee for the offence which such person is suspect" or .1ccused to have committed.
(2) On the payment of such composition fee the suspected person shall be discharged and no
further proceedings shall be taken and the composition shall have the effect of his acquittal.
**28. Manner of payment of fees.—Fees payable under the provisions of this Act shall be paid in**
such manner as may be prescribed.
**29. Mode of service of notice by Registrar.—(1) Any notice, order or requisition meant for a**
society or for the governing body thereof to be issued by the Registrar may be served on the Secretary
of the society, and service on the Secretary shall be as effectual as if the same had been served on
every member of the society or, as the case may be, on every member of the governing body thereof,
unless the Registrar otherwise directs.
(2) The sending of such notice, order or requisition to the Secretary of the society by registered
post at its registered office shall amount to sufficient service thereof on the society.
**30. Appointment of Administrator.—(I)** Where on receipt of a complaint from three
office-bearers of a society or three affected persons or on inspection of records, the Registrar is
satisfied,—
(i) that the society is working against the objectives and ideals as per sections 1 and 20 on the
basis of which the society was granted certificate;
(ii) that the society is not working democratically or the elections have not taken place within
the specified tune or the election have taken place fraudulently or against the clauses of
memorandum of association;
(iii) the office-bearers have been nominated against the clauses of memorandum of
association;
(iv) that the number of members in a trustee mandal has been purposely kept below seven,
the Registrar may recommend to the State Government to appoint an Administrator :
Provided that no adverse order shall be passed unless an opportunity of being heard has been
given to the conceined society:
Provided further that the action of the Registrar in this behalf shall be final and no appeal shall lie
in any court against such action.
(2) The State Government may, by order published in the Official Gazette, shall appoint an
Administrator of such society who shall not be below the rank of Deputy Secretary for such period,
not exceeding six months. as may be specified in the order to manage the affairs of the society :
Provided that for reasons to be recorded in writing, the State Government may, by like order,
extend the said period for a further duration of six months.
(3) On the appointment of the Administration under sub -section (2), the governing body of the
society shall cease to exercise any powers and perform and discharge any functions or duties
conferred or imposed on it by this Act, or its memorandum of association or the rules and regulations
of any other law and subject to any directions which the State Government may from time to time
issue, all such functions or duties shall be performed or discharged by the Administrator.
(4) The Administrator shall, before the expiry of the period of his appointment, take necessary
action to convene the general body meeting of the society and hold election for the constitution of the
governing body.
-----
(5) If the Administrator is not, for reasons beyond his controllable to convene the general body
meeting or in spite of such meeting being convened the general body fails to elect the governing
body, the Administrator shall forthwith send a report to the State Government who may pass such
orders as are considered necessary, either extending the period of appointment of the Administrator
for a further duration or if satisfied that public interest so requires, for the dissolution of the society.
(6) The State Government may, if it thinks fit, appoint a committee to advise and assist the
Administrator appointed under sub-section (1) in the exercise of the powers and performance and
discharge of the duties and functions conferred or imposed on him under this Act. The members of
the committee shall have such qualifications as may he prescribed and shall hold office during the
pleasure of the State Government.
(7) Where an order of dissolution is passed under sub-section (5), the assets of the society shall
vest in and the liabilities shall devolve on the State Government.
**31. indemnity.—No suit, prosecution or other legal proceedings shalt lie in any court against the**
State Government, the Registrar or against any person appointed for inspection or investigation under
section 23, for anything in good faith done or intended to be done under this Act or the rules made
thereunder.
**32. Power to make rules.—(1) The State Government may,** after previous publication, make rules
not inconsistent with this Act for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the State Government
may make rules—
(a) prescribing the form of the register of societies and the mode in which entries relating to
registration are to be made therein, and the mode in which such entries are to be amended or notes
made therein;
(b) regulating the filing of documents received by the Registrar;
(c) prescribing the particulars to be contained in the form of accounts under sub-section (2) of
section I2C;
(d) prescribing the manner in which the accounts shall be audited under sub-section (4) of section
12C;
(e) prescribing the authority before whom and the time within which an appeal shall be preferred
under sub -section (2) of section 12E and the manner in which such appeal shall be filed;
(f) prescribing the duties, functions and powers of governing body of the society under section
I6A;
(g) prescribing conditions for the inspection to original documents and regulating the grant of
copies of documents under section 19;
(h) prescribing the procedure for hearing and decision of doubts or disputes in respect of elections
under sub -section (1) of section 24;
(i) prescribing the manner in which fees payable under this Act shall be paid under section 2S;
(j) prescribing the qualifications of members of society under sub -section (6), of section 30:
(k) providing for any other matter for which there is no provision or insufficient provision exists
in this Act and for which provision is, in the opinion of the State Government necessary for giving
effect to the purposes of this Act.
(3) Every rule made under this Act shall be laid, as soon as may be, after it is made. before the House
of the State Legislature, while it is in session, If the House agrees in making any modification in the rule
or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]
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|
22-Mar-1861 | 05 | The Police Act, 1861 | https://www.indiacode.nic.in/bitstream/123456789/2264/1/AApolice1861___05.pdf | central | # THE POLICE ACT, 1861
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ARRANGEMENT OF SECTIONS
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PREAMBLE
SECTIONS
1. Interpretation clause.
2. Constitution of the force.
3. Superintendence in the State Government.
4. Inspector-General of Police, etc.
5. Powers of Inspector General. Exercise of power.
6. [Repealed.].
7. Appointment, dismissal, etc., of inferior officers.
8. Certificates to police officers.
Surrender of certificate.
9. Police-officers not to resign without leave or two months’ notice.
10. Police-officers not to engage inother employment.
11. [Repealed.].
12. Power of Inspector-General to make rules.
13. Additional police-officer employed at cost of individuals.
14. Appointment of additional force in the neighbourhood of railway and other works.
15. Quartering of additional police in disturbed or dangerous districts.
15A. Awarding compensation to sufferers from misconduct of inhabitants or persons interested in
land.
16. Recovery of moneys payable under sections 13, 14, 15 and 15A, and disposal of same when
recovered.
17. Special police-officers.
18. Powers of special police-officers.
19. Refusal to serve as special police-officers.
20. Authority to be exercised by police-officers.
21. Village police-officers.
Police-chaukidars in the Presidency of Fort William.
22. Police-officers always on duty and may be employed in any part of district.
23. Duties of police-officers.
-----
SECTIONS
24. Police-officers may lay information, etc.
25. Police-officers to take charge of unclaimed property, and be subject to Magistrate’s orders as
to disposal.
26. Magistrate may detain property and issue proclamation.
27. Confiscation of property if no claimant appears.
28. Persons refusing to deliver up certificate, etc., on ceasing to be police-officers.
29. Penalties for neglect of duty, etc.
30. Regulation of public assemblies and processions and licensing of the same.
Music in the streets.
30A. Powers with regard to assemblies and processions violating conditions of license.
31. Police to keep order in public roads, etc.
32. Penalty for disobeying orders issued under last three sections, etc.
33. Saving of control of Magistrate of district.
34. Punishment for certain offences on roads, etc.
Power of police-officers
Slaughtering cattle, furious riding, etc.
Cruelty to animals.
Obstructing passengers.
Exposing goods for sale.
Throwing dirt into street.
Beingfound drunk or riotous.
Indecent exposure of person.
Neglect to protect dangerous places.
35. Jurisdiction.
36. Power to prosecute under other law not affected.
Proviso.
37. Recovery of penalties and fines imposed by Magistrates.
41. [Repealed.].
42. Limitation of actions.
Tender of amends.
Proviso.
-----
SECTIONS
43. Plea that act was done under warrant.
Proviso.
44. Police-officers to keep diary.
45. State Government may prescribe form of returns.
46. Scope of Act.
47. Authority of District Superintendent of Police over village police.
FORM
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THE POLICE ACT, 1861[1]
ACT, NO. 5 OF 1861
[22nd March, 1861.]
An Act for the Regulation of Police.
**Preamble.—WHEREAS it is expedient to re-organise the police and to make it a more efficient**
instrument for the prevention and detection of crime; It is enacted as follows: —
**1.Interpretation clause.— The following words and expressions in this Act shall have the**
meaning assigned to them, unless there be something in the subject or context repugnant to such
construction, that is to say—
the words “Magistrate of the district” shall mean the chief officer charged with the executive
administration of a district and exercising the powers of a Magistrate, by whatever designation the
chief officer charged with such executive administration is styled:
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
This Act has been applied to—
the SonthalParganas by the SonthalParganas Settlement Regulation,1872 (3 of 1872), s. 3;
the Town of Calcutta and its suburbs, with modifications by the Calcutta Police Act, 1898 (Ben.1 of 1898);
the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of1936), s. 3 and Schedule;
the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Schedule; and
the areas transferred to Orissa from the Madras Presidency, by the Orissa Laws Regulation, 1936 (1 of 1936).
It has been declared, by notification under section3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in
the following Scheduled Districts, namely:—
The District of Hazaribagh, Lohardaga (now the Ranchi District, see Calcutta Gazette, 1899 PartI, p.44) and Manbhum
and ParganaDhalbhum and the Kolhan in the District of Singhbhum, see Gazette of India, 1881, PartI p.504, and the Porahat
Estate in the Singhbhum District, see Gazette of India, 1897, PartI, p 1059.
It has been extended, by notification under s. 5 of the same Act, to the Kumaon and Garhwal Districts, see Gazette of
India, 1891, PartI, p.185, and (with the exception of s. 5) to the Scheduled District of Coorg, see Gazette of India, 1914,
PartII, p.2347.Ss. 15, 15A, 16, 30, 30A, 31 and 32 have been extended to the Scheduled Districts in Ganjam and
Vizagapatam, _see_ Fort St.George Gazette, 1898, PartI, p.667, and Gazette of India, 1898, PartI, p.873.The whole Act has
been extended to the Amindivi Islands attached to the South Kanara District; see Fort St.George Gazette, 1935, PartI, p.1202.
It has been extended to the Merged States and the States of Bhopal, Bilaspur, Himachal Pradesh and Kutch by the
Merged States (Laws) Act, 1949 (59 of 1949), and to the States of Manipur, Tripura and Vindhya Pradesh by the Part C
States (Laws) Act, 1950 (30 of 1950).
It has been extend to –
(1) and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule;
(2) Laccadive Minicoy and Amindivi Islands (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 and Schedule;
(3) the whole of Madhya Pardesh by M.P. Act 23 of 1958 (when notified); and
(4) Goa, Daman and Diu with modifications, by Reg. 12 of 1962, s. 3 and the Schedule.
As to special enactments in force in Madras, Bombay and Lower Provinces of Bengal, and extensions of this Act under
the power conferred by section46, see notes to that section.
As to special enactments for Military, Frontier or Rural Police in force in certain parts of the States, _see footnote to_
section8.
As to the creation of special police-districts embracing parts of two or more Provinces and the extension to every part
thereof the powers and jurisdiction of members of a police force belonging to any part of the States, see the Police Act, 1888
(3 of 1888).
The Act has been amended in its application to—
the C.P.and Berar by C.P. and Berar Act 3 of 1937; Madras by Madras Act 13 of 1948; the U.P. by U.P. Acts 2 of
1939, 2 of 1944 and 32 of 1952;Punjab by E.P. Act 30 of 1948; Pondicherry by Pondicherry Act 7 of 1968; West Bengal
by West Bengal Act 5 of 1973; Orissa by Orissa Acts 5 of 1976 and 34 of 1976 and Sikkim by Skkim Act 7 of 1980.
Repealed in its application to Bellary District by Mysore Act 14 of 1955.
-----
the word “ Magistrate” shall include all persons within the general police-district, exercising all or
any of the power of a Magistrate:
the word “police” shall include all persons who shall beenrolled under this Act:
the words “general police-district” shall embrace any[1]presidency, [2][State] or place, or any part of
any presidency,[2][State] or place, in which this Act shall be ordered to take effect:
3[the words “District Superintendent” and “District Superintendent of Police” shall include any
Assistant District Superintendent or other person appointed by general or special order of the [4][State
Government] to perform all or any of the duties of a District Superintendent of Police under this Act
in any district:]
the word “property” shall include any moveable property money, or valuable security:
5* - - -
the word “person” shall include a company or corporation:
the word “month” shall mean a calendar month:
6the word “cattle” shall, besides horned cattle, include elephants, camels, horses, asses, mules,
sheep, goats and swine.
7[References to the subordinate ranks of a police force shall be construed as references to members
of that force below the rank of Deputy Superintendent.]
**82. Constitution of the forces.—The entire police-establishment under a 4[State Government] shall**
for the purposes of this Act, be deemed to be one [9]police force, and shall be formally enrolled; and
shall consist of such number of officers and men, and shall be constituted in such manner, [10]*** as
shall from time to time be ordered by the [4][State Government][11]***.
12[Subject to the provisions of this Act the pay and all other conditions of service of members of
the subordinate ranks of any police force shall be such as may-be determined by the[2][State]
Government.]
**3. Superintendence in the** [4][State Government].—The superintendence of the police throughout
a general police-district shall vest in and [9]*** shall be exercised by the [4][State Government] to which
such district is subordinate; and except as authorised under the provisions of this Act, no person,
officer, or Court shall be empowered by the [4][State Government] to [13]*** supersede, or control any
police functionary.
**4. Inspector-General of Police, etc.—[14]The administration of the police throughout the general**
police district shall be vested in an officer to be styled the Inspector-General of Police, and in such
1. Under s. 2 of Police Act, 1888 (3 of 1888), the Central Government may, notwithstanding this provision, create a special
police-district, consisting of parts of two or more States.
As to Delhi State, see Gazette of India, 1912, Pt. I, p. 1105.
2. Subs. by the A.O. 1950, for “Province”.
3. Ins. by Act 8 of 1895, s. 1.
4. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”
5. The definitions relating to “number” and “gender” rep. By Act 10 of 1914, s. 3 and the Second Schedule.
6. Cf. Definition of “cattle” in s. 3 of the Cattle-trespass Act, 1871 (1 of 1871).
7. Ins. by the A.O. 1937.
8. S. 2, so far as it is related to the provinces under the administration of the Lieutenant-Governor of Bengal, rep. by the
Bengal Police Act, 1869 (Ben. 7 of 1869).
9. See note to s. 8, infra, as to enrolment of the police force in certain places.
10. The words “and the members of such force shall receive such pay” omitted by the A.O. 1937.
11. Certain words omitted, ibid.
12. Ins. ibid.
13. The word “appoint” omitted, ibid.
14. In the town and suburbs of Calcutta, the administration of the police vests in the “Commissioner of Police”,
_See s. 3 of the Calcutta Police Act, 1866 (Ben. 4 of 1866)._
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Deputy Inspectors-General and Assistant Inspectors-General as to the [1][State Government] shall been
seem fit.
The administration of the police throughout the local jurisdiction of the Magistrate of the district
shall, under the general control and direction of such Magistrate, be vested in a District Superintendent
and such Assistant District Superintendents as the [1][State Government] shall consider necessary.
2* - - -
**5. Powers of Inspector General Exercise of power.—** The Inspector-General of Police shall
have the full powers of a Magistrate throughout the general police-district; but shall exercise those
powers subject to such limitation as may from time to time be imposed by the [1][State Government.]
**6. [Magisterial powers of police officers.]Rep.by the Code of Criminal Procedure, 1882 (Act 10 of**
1882), s. 2 and Schedule I (b).
**7. Appointment, dismissal, etc., of inferior officers.— [3][[4][Subject to the provisions of article 311**
of the Constitution, and to such rules] as the [1][State Government] may from time to time make under
this Act, the Inspector-General, Deputy Inspectors-General, Assistant Inspector-General and District
Superintendents of Police may at any time dismiss, suspend or reduce any police-officer of the
subordinate ranks] whom they shall think remiss or negligent in the discharge of his duty, or unfit for
the same;
5[or may award any one or more of the following punishments to any police-officer 6[of the
subordinate ranks] who shall discharge his duty in a careless or negligent manner, or who by any act
of his own shall render himself unfit for the discharge thereof, namely: —
(a)fine to any amount not exceeding one month’s pay;
(b) confinement to quarters for a term not exceeding fifteen days, with or without punishment
drill, extra guard, fatigue or other duty;
(c) deprivation of good-conduct pay;
(d) removal from any office of distinction or special emolument.][7]
**8. Certificates to police officers. —[8]Every police-officer [9][appointed to the police force other**
than an officer mentioned in section 4] shall receive on his appointment a certificate in the from
1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”.
2. Certain words omitted by the A.O. 1937.
3. Subs.,ibid., for certain words.
4. Subs. by the A.O. 1950 (as amended by C.O. 29), for “Subject to such rules”.
5. Subs. by Act 8 of 1895, s. 2, for certain words.
6. Ins. by the A.O. 1937.
7. For clause (e), applicable to certain areas in the U.P., see U.P. Act 2 of 1944.
8. As to enrolment, maintenance and discipline of –
(1) the Military Police-force employed in—
(a) the Andaman and Nicobar Islands, see the Andaman and Nicobar Islands Military Police (Disbandment )
Regulation, 1946 (3of 1946);
(b) Assam, see the Assam Rifles Act, 1941 (5 of 1941);
(c) Bengal, see the Eastern Frontier Rifles (Bengal Battalion) Act, 1920 (Ben. 2 of 1920);
(2) the Punjab Frontier Police-officers, see the Punjab Frontier Police-officer Regulation, 1893 (7 of 1893);
(3) the Calcutta and Suburban Police, see the Calcutta Police Act, 1866 (Ben. 4 of 1866) and the Calcutta Suburban
Police Act, 1866 (Ben. 2 of 1866),
(4) the Police establishment in municipal areas in the U.P., see the U.P. Municipalities Act, 1916 (U.P. 2 of 1916);
(5) the Police establishment in municipal areas in the Punjab, see the Punjab Municipal Act, 1911 (Pun. 3 of 1911);
(6) the Rural Police in the SonthalParganas, see the SonthalParganas Rural Police Regulation, 1910 (4 of 1910);
(7) the Rural Police in Chota Nagpur, see the Chota Nagpur Rural Police Act, 1914 (B. & O. 1 of 1914);
(8) the U.P. Special Armed Constabulary, see the U.P. Special Armed Constabulary Act, 1942 (U.P. 5 of 1942);
(9) the Delhi Special Police Establishment, see the Delhi Special Police Establishment Act, 1946 (25 of 1946); and
(10) Delhi Police, see, Delhi Police Act, 1978 (34 of 1978)
9. Subs. by the A.O. 1937, for “so appointed”.
-----
annexed to this Act under the seal of the Inspector-General or such other officer as the InspectorGeneral shall appoint, by virtue of which the person holding such certificate shall be vested with the
powers, functions, and privileges of a police-officer.
**Surrender of certificate.—** [1][Such certificate shall cease to have effect whenever the person
named in it ceases for any reason to be a police-officer, and, on his ceasing to be such an officer, shall
be forthwith surrendered by him to any officer empowered to receive the same.
A police-officer shall not by reason of being suspended from office cease to be a police-officer.
During the term of such suspension the powers, functions and privileges vested in him as a policeofficer shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and
penalties and to the same authorities, as if he had not been suspended.]
**9. Police-officers not to resign without leave or two months’ notice. —No police-officer shall**
be at liberty to withdraw himself from the duties of his office unless expressly allowed to do so by the
District Superintendent or by some other officer authorised to grant such permission or, without the
leave of the District Superintendent, to resign his office unless he shall have given to his superior
officer notice in writing, for a period of not less than two months, of his intention to resign.
**10. Police-officers not to engage inother employment.—No police-officer shall engage in any**
employment or office whatever other than his duties under this Act, unless expressly permitted to do
so in writing by the Inspector-General.
**11.[Police superannuation fund.]Rep. by the Repealing Act,** 1874 (16 _of_ 1874) _s._ 1
_and Sch., Pt. I._
**12. Power of Inspector-General to make rules.—The Inspector-General of Police may,**
fromtime to time, subject to the approval of the [2][State Government], frame such orders and rules as
he shall deem expedient relative to the organization, classification and distribution of the police-force,
the places at which the members of the force shall reside, and the particular services to be performed
by them; their inspection, the description of arms, accoutrements and other necessaries to be furnished
to them; the collecting and communicating by them of intelligence and information; and all such other
orders and rules relative to the police-force as the Inspector-General shall, from time to time, deem
expedient for preventing abuse or neglect of duty, and for rendering such force efficient in the
discharge of its duties.
**13. Additional police-officeremployed at cost of individuals.—It shall be lawful for the**
Inspector-General of Police, or any Deputy Inspector-General, or Assistant Inspector-General, or for
the District Superintendent, subject to the general direction of the Magistrate of the district, on the
application of any person showing the necessity thereof, to depute any additional number of policeofficers to keep the peace at any place within the general police-district, and for such time as shall be
deemed proper. Such force shall be exclusively under the orders of the District Superintendent, and
shall be at the charge of the person making the application:
Provided that itshall be lawful for the person on whose application such deputation shall have been
made, on giving one month’s notice in writing to the Inspector-General, Deputy Inspector-General, or
Assistant Inspector-General, or to the District Superintendent, to require that the police-officers so
deputed shall be withdrawn; and such person shall be relieved from the charge of such additional force
from the expiration of such notice.
1. Subs. by Act 8 of 1895, s. 3, for the second paragraph.
2. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”.
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**14. Appointment of additional force in the neighbourhood of railway and other**
**works.—Whenever any railway, canal or other public work, or any manufactory or commercial**
concern shall be carried on, or be in operation in any part of the country, and it shall appear to the
Inspector-General that the employment of an additional police-force in such place is rendered
necessary by the behaviour or reasonable apprehension of thebehaviour of the persons employed upon
such work, manufactory or concern, it shall be lawful for the Inspector-General, with the consent of
the [1][State Government], to depute such additional force to such place, and to employ the same so
long as such necessity shall continue, and to make orders, from time to time, upon the person having
the control or custody of the funds used in carrying on such work, manufactory or concern, for the
payment of the extra force so rendered necessary, and such person shall thereupon cause payment to
be made accordingly.
2[15. Quartering of additional police in disturbed or dangerous districts.—(1) It
shall be lawful for the [1][State Government], by proclamation to be notified in the Official Gazette, and
in such other manner as the [1][State Government] shall direct, to declare that any area subject to its
authority has been found to be in a disturbed or dangerous state, or that, from the conduct of the
inhabitants of such areaor of any class or section of them, it is expedient to increase the number of
police.
(2) It shall thereupon be lawful for the Inspector-General of Police, or other officer authorised by
the [1][State Government] in this behalf, with the sanction of the [1][State Government], to employ any
police-force in addition to the ordinary fixed complement to be quartered in the area specified in such
proclamation as aforesaid.
(3)Subject to the provisions of sub-section (5) of this section, the cost of such additional police
force shall be borne by the inhabitants of such area described in the proclamation.
(4) The Magistrate of the district, after such enquiry as he may deem necessary, shall apportion
such cost among the inhabitants who are, as aforesaid, liable to bear the same and who shall not have
been exempted under the next succeeding sub-section. Such apportionment shall be made according to
the Magistrate’s judgement of the respective means within such area of such inhabitants.
(5) It shall be lawful for the [1][State Government] by order to exempt any persons or class or section
of such inhabitants from liability to bear any portion of such cost.
(6) Every proclamation issued under sub-section (1)of this section shall state the period for which
it is to remain in force, but it may be withdrawn at any time or continued from time to time for a
further period or periods as the [1][State Government] may in each case think fit to direct.
_Explanation.—For the purposes of this section, “inhabitants” shall include persons who themselves_
or by their agents or servants occupy or hold land or other immoveable property within such area, and
landlords who themselves or by their agents or servants collect rents direct from raiyats or occupiers
in such area, notwithstanding that they do not actually reside therein.]
**3** **[15A. Awarding compensation to sufferers from misconduct of inhabitants or**
**persons interested in land.—(1) If, in any area in regard to which any proclamation notified**
under the last preceding section is in force, death or grievous hurt or loss of, or damage to, property
has been caused by or has ensued from the misconduct of the inhabitants of such area or any class or
section of them it shall be lawful for any person, being an inhabitant of such area, who claims to have
suffered injury from such misconduct to make, within one month from the date of the injury or such
1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”.
2. Subs. by Act 8 of 1895, s. 4, for the section 15.
3. Ins. by s. 5, ibid.
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shorter period as may be prescribed, an application for compensation to the Magistrate of the district
or of the sub-division of a district within which such area is situated.
(2) It shall thereupon be lawful for the Magistrate of the district, with the sanction of the [1][State
Government] after such enquiry as he may deem necessary, and whether any additional police-force
has or has not been quartered in such area under the last preceding section, to—
(a) declare the persons towhom injury has been caused by or has ensued from such
misconduct;
(b) fix the amount of compensation to be paid to such persons and the manner in which it is to
be distributed among them; and
(c) assess the proportion in which the same shall be paid by the inhabitants of such area other
than the applicant who shall not have been exempted from liability to pay under the next
succeeding sub-section:
Provided that the Magistrate shall not make any declaration or assessment under this sub-section,
unless he is of opinion that such injury as aforesaid has arisen from a riot or unlawful assembly within
such area, and that the person who suffered the injury was himself free from blame in respect of the
occurrences which led to such injury.
(3) It shall be lawful for the [1][State Government], by order, to exempt any persons or class or
section of such inhabitants from liability to pay any portion of such compensation.
(4)Every declaration or assessment made or order passed by the Magistrate of the district under
sub-section (2) shall be subject to revision by the Commissioner of the Division or the [1][State
Government], but save as aforesaid shall be final.
(5) No civil suit shall bemaintainable inrespectof any injury for which compensation has been
awarded under this section.
(6) Explanation.—Inthis section the word “inhabitants” shall have the same meaning as in the last
preceding section.]
**STATE AMENDMENT**
**Orissa**
**Amendment of section 15-A.—In the Police Act, 1861 (Act 15 of 1861), in its application to**
Amendment the State of Orissa, for section 15-A, the following section shall be substituted,
namely:—
**15-A. Awarding compensation to sufferers from misconduct of inhabitants of any area.—(1)**
If, any area, death or grievous hurt Awarding or loss of or damage to property (including public
_property) has been caused by or has-ensued from sufferers the misconduct of the inhabitants of such_
area or any class or section of them or from the failure inhabitants on their part to render assistance in
preventing such loss or damage, it shall be lawful for any person who claims to have suffered injury,
loss or case from such misconduct or failure, to make within one month from the date of the injury,
loss or damage, as the case may be, an application for compensation to the Magistrate of the district
within which such area is Situated.
(2)It shall thereupon be lawful for the Magistrate of the district, with the sanction of the State
Government, after such enquiry as he may deem necessary, and whether any additional Police Force
has or, has not been quartered in such area under the last preceding section to—
1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”.
-----
(a) declare the limits of the area the inhabitants of which have, in his opinion, been guilty
of such misconduct or failure;
(b) declare the persons to whom injury, loss or damage has been caused by or has ensued
from such misconduct or failure,
(c) fix the amount of compensation to be paid to such person and where there are More
than one such person, the manner in which it is to be distributed among them;and
(d) assess the proportion in which the same 'shall be paid by the inhabitants (other than the
applicant) of such area who shall not have been exempted under sub-Section (3) from the
liability to pay:
Provided that where the applicant is a private individual, the Magistrate shall not make any
declaration unless he is of opinion that such injury, loss or damage as aforesaid has arisen from a riot
or unlawful assembly within such area and that the applicant was himself free from blame in respect
of the occurrence which led to the injury, loss or damage.
(3) It shall be lawful for the State Government, by order, to exempt any person or class or section
of such inhabitants from the liability to pay any portion of such compensation.
(4) Every declaration or assessment made or order passed by the Magistrate of the district under
sub-section (2) shall be subject to revision by the Revenue Divisional Commissioner or the State
Government, but save as aforesaid, shall be final.
(5) No civil suit shall be maintainable in respect of any injury, loss or damage for which
compensation has been awarded under this section.
Explanation I—in this section—
(a) “inhabitants” shall have the same meaning as in section 15;
(b)“person” shall include the Central Government, the Government of any State, any Local
Authority, any Company, any Corporation and any Association or body of individuals, whether
incorporated or not;
(c)“Public property” shall have reference to any property owned by or belonging to—
(i)the Central Government or the Government of any State;
(ii) any local authority;
(iii) Any corporation established under any is owned, controlled or managed, partly or
wholly, by the Central Government or any State Government;
(iv) any Company in which not less than fifty-one per cent of the share capital is held by
the Central Government or any State Government or Jointly by more than one such
government; and
(v) any autonomous body established under any law.
Explanation II-An application under sub-section (1) maybe made—
(a) In case of the Government, by such officer as the Government may authorize in that
behalf, and
(b) In the case of any local authority, Company, Corporation, Association or body, by the
person who is in charge of the property.”
[Vide the Orissa Act 5 of 1976, s. 2]
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1[16. Recovery of moneys payable under sections 13, 14, 15 and 15A, and disposal of same
**when recovered.—(1) All moneys payable under sections 13, 14, 15 and 15A shall be coverable by**
the Magistrate of the district in the manner provided by sections 386 and 387 of the Code
of Criminal Procedure, 1882 [2] (10 of 1882), for the recovery of fines, or by suit any
competentCourt.
3* - - -
(3) All moneys paid or recovered under section 15A shall be paid by the Magistrate of the district
to the persons to whom and in the proportions in which the same are payable under that section.]
**17. Special police-officers.—When it shall appear that any unlawful assembly, or riot or**
disturbance of the peace has taken place, or may be reasonably apprehended, and that the police-force
ordinarily employed for preserving the peace is not sufficient for its preservation and for the
protection of the inhabitants and the security of property in the place where such unlawful assembly or
riot or disturbance of the peace has occurred, or is apprehended, it shall be lawful for any policeofficer not below the rank of Inspector to apply to the nearest Magistrate to appoint so many of the
residents of the neighbourhood as such police-officers may require to act as special police-officers for
such time and within such limits as he shall deem necessary; and the Magistrate to whom such
application is made shall, unless he see cause to the contrary, comply with the application.
**18. Powers of special police-officers.—Every special police-officer so appointed shall have the**
same powers, privileges and protection, and shall be liable to perform the same duties and shall be
amenable to the same penalties, and be subordinate to the same authorities, as the ordinary officers of
police.
**19. Refusal to serve as special police-officers.—If any person being appointed a special police-**
officer as aforesaid shall without sufficient excuse, neglect or refuse to serve as such, or to obey such
lawful order or direction as may be given to him for the performance of his duties, he shall be liable,
upon conviction before a Magistrate, to a fine not exceeding fifty rupees for every such neglect,
refusal or disobedience.
**420. Authority to be exercised by police-officers.—Police-officers enrolled under this Act shall**
not exercise any authority, except the authority provided for a police-officer under this Act and any
Act which shall hereafter be passed for regulating criminal procedure.
**21. Village police-officers.—Nothing in this Act shall affect any hereditary or other village**
police-officer, unless such officer shall be enrolled as a police-officer under this Act. When so
enrolled, such officer shall be bound by the provisions of the last preceding section. No hereditary or
other village police-officer shall be enrolled without his consent and the consent of those who have the
right of nomination.
**Police-chaukidars in the Presidency of Fort William.—If any police-officer appointed under**
5Act XX of 1856 (to make better provision .for the appointment and maintenance of Police-chaukidars
_in Cities, Towns, Stations, Suburbs and Bazars in the Presidency of Fort William in Bengal) is_
1. Subs. by Act 8 of 1895, s. 6, for section 16.
2. See now ss. 421 and 422 of the Code of Criminal Procedure, 1973 (Act 2 of 1974).
3. Subs-section (2) omitted by the A.O. 1937. See however, para. 4 of the India and Burma (Transitory Provisions) Order
1937.
4. For some cases in which the application of s. 20 has been restricted, see the Assam Police-officers Regulation, 1883 (2 of
1883), and s. 2 of the Punjab Frontier Police-officer Regulation, 1893 (7 of 1893).
5. The Bengal Chaukidari Act, 1856.
-----
employed out of the district for which he shall have been appointed under that Act, he shall not be
paid out of the rates levied under the said Act for that district.
**22. Police-officers always on duty and may be employed in, any part of district.—Every**
police-officer shall, for all purposes in this Act contained, be considered to be always on duty, and
may at any time be employed as a police-officer in any part of the general police-district.
**23. Duties of police-officers.—It shall be the duty of every police-officer promptly to obey and**
execute all orders and warrants lawfully issued to him by any competent authority; to collect and
communicate intelligence affecting the public peace; to prevent the commission of offences and public
nuisances; to detect and bring offenders to justice and to apprehend all persons whom he is legally
authorized to apprehend, and for whose apprehension sufficient ground exists; and it shall be lawful
for every police-officer, for any of the purposes mentioned in this section, without a warrant, to enter
and inspect any drinking-shop, gaming-house or other place of resort of loose and disorderly
characters.
**STATE AMENDMENT**
**Orissa**
**Insertion of new section 23-A.—In the Police Act, 1861, after section 23, the following new**
section shall be inserted, namely:—
**23-A. Power in relation to cognizable offences in a running train.—Without prejudice to the**
provisions contained in the Code of Criminal Procedure, 1973 (2 of 1974), a Sub-Inspector of police,
posted to the mobile out-post of the Government Railway Police, shall, while performing duty in a
running train, exercise the powers of the officer-in-charge of the local Government Railway Policestation for the purposes of investigation into cognizable offences committed in a running train and
when so exercising such powers, shall be deemed to be the officer-in-charge of such police-station
discharging the functions of such officer within the limits of that Police-station.
[Vide the Orissa Act 21 of 1986, s. 2]
**24. Police-officers may lay information, etc.—It shall be lawful for any police-officer to lay any**
information before a Magistrate, and to apply for a summons, warrant, search warrant or such other
legal process as may by law issue against any person committing an offence [1]* * *.
**25. Police-officers to take charge of unclaimed property, and be subject to Magistrate’s**
**orders as to disposal.—It shall be the duty of every police-officer to take charge of all unclaimed**
property, and to furnish an inventory thereof to the Magistrate of the district.
The police-officers shall be guided as to the disposal of such property by such orders as they shall
receive from the Magistrate of the district.
**26. Magistrate may detain property and issue proclamation.—(1) The Magistrate of the district**
may detain the property and issue a proclamation, specifying the articles of which it consists, and
requiring any person who has any claim thereto to appear and establish his right to the same within six
months from the date of such proclamation.
1. The words “and to prosecute such person up to final judgment” rep. by Act 10 of 1882, s. 2 and the Schedule 1(b).
-----
1[(2) The provisions of section 525 of the 2Code of Criminal Procedure, 1882 (10of 1882), shall be
applicable to property referred to in this section.]
**3[27. Confiscation of property if no claimant appears.—(1) If no person shall within the period**
allowed claim such property, or the proceeds thereof, if sold, it may, if not already sold under subsection (2)of the last preceding section, be sold under the orders of the Magistrate of the district.
(2)The sale-proceeds of property sold under the preceding sub-section and the proceeds of property
sold under section 26 to which no claim has been established shall be [4][the disposal of the [5][State]
Government].]
**28. Persons refusing to deliver up certificate, etc., on ceasing to be police-officers.—Every**
person, having ceased to be an enrolled police-officer under this Act, who shall not forthwith deliver
up his certificate, and the clothing accoutrements, appointments and other necessaries which shall,
have been supplied to him for the execution of his duty, shall be liable, on conviction before a
Magistrate, to a penalty not exceeding two hundred rupees, or to imprisonment with or without hard
labour, for a period not exceeding six months, or to both.
**29. Penalties for neglect of duty, etc. —Every police-officer who shall be guilty of any violation**
of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent
authority, or who shall withdraw from the duties of his office without permission, [6][or without having
_given previous notice for the period of two months,][7][or who, being absent on leave shall fail, without_
reasonable cause to report himself for duty on the expiration of such leave,] or who shall engage
without authority in any employment other than his police-duty, or who shall be guilty
of cowardice, or who shall offer any unwarrantable personal violence to any person in his custody,
shall be liable, on conviction before a Magistrate, to a penalty not exceeding three months’ pay, or to
imprisonment with or without hard labour, for a period not exceeding three months, or to both.
8[30. Regulation of public assemblies and processions and licensing of the same.—(1) The
District Superintendent or Assistant District Superintendent of Police may, as occasion requires, direct
the conduct of all assemblies and processions on the public roads, or in the public streets or
thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass.
(2) He may also, on being satisfied that it is intended by any persons or class of persons to convene
or collect an assembly in any such road, street or thoroughfare, or to form a procession which would,
in the judgment of the Magistrate of the district, or of the sub-division of a district, if uncontrolled, be
likely to cause a breach of the peace, require by general or special notice that the persons convening or
collecting such assembly or directing or promoting such procession shall apply for a licence.
(3) On such application being made, he may issue a license specifying the names of the licensees
and defining, the conditions on which alone such assembly or such procession is to be permitted to
take place and otherwise giving effect to this section:
Provided that no fee shall be charged on the application for, or grant of, any such licence.
1. Ins. by Act 8 of 1895, s. 7.
2. See now the Code of Criminal Procedure, 1973 (2 of 1974), s. 459.
3. Subs. by Act 8 of 1895, s. 8, for section 27.
4. Subs. by the A.O. 1937, for “at the disposal of Govt.”
5. Subs. by the A.O. 1950, for “Provincial”.
6. These words shall be deemed to have been rep. so long as the Police (Resignation of Office) Ordinance, 1942 (11 of
1942), remains in force: see s. 2 and the Schedule of that Ordinance.
7. Ins. by Act 8 of 1895, s. 9.
8. Subs. by s. 10, ibid., for section 30.
-----
**(4) Music in the streets.—He may also regulate the extent to which music may be used in the**
streets on the occasion of festivals and ceremonies.]
1[30A. Powers with regard to assemblies and processions violating conditions of license.—(1)
Any Magistrate or District Superintendent of Police or Assistant District Superintendent of Police or
Inspector of Police or any police-officer in charge of a station may stop any procession which violates
the conditions of a licence granted under the last foregoing section, and may order it or any assembly
which violates any such conditions as aforesaid to disperse.
(2)Any procession or assembly which neglects or refuses to obey any order given under the last
preceding sub-section shall be deemed to be an unlawful assembly.]
**31. Police to keep order in public roads, etc.—It shall be the duty of the police to keep order on**
the public roads, and in the public streets, thoroughfares, ghats and landing-places, and at all other
places of public resort, and to prevent obstructions on the occasions of assemblies and processions on
the public roads and in the public streets, or in the neighbourhood of places of worship, during the
time of public worship, and in any case when any road, street, thoroughfare, ghat or landing-place
may be thronged or may be liable to be obstructed.
**32. Penalty for disobeying orders issued under last three sections, etc.—Every person opposing**
or not obeying the orders issued under the last [2][three] preceding sections, or violating the conditions
of any license granted by the District Superintendent or Assistant District Superintendent of Police for
the use of music, or for the conduct of assemblies and processions, shall be liable, on conviction
before a Magistrate, to a fine not exceeding two hundred rupees.
**33. Saving of control of Magistrate of district** —Nothing in the last [3][four] preceding sections
shall be deemed to interfere with the general control of the Magistrate of the district over the matters
referred to therein.
**34. Punishment for certain offences on roads, etc.—Any person who, on any road or in any**
4[open place or] street or thoroughfare within the limits of any town to which this section shall be
specially extended by the [5] [State Government], commits any of the following offences, to the
obstruction, inconvenience, annoyance, risk, danger or damage of the [6][residents or passengers] shall,
on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment
7[with or without hard labour] not exceeding eight days;
**Power of police-officers.—and it shall be lawful for any police-officer to take into custody,**
without a warrant, any person who within his view commits any of such offences, namely:—
_First.—Slaughtering cattle, furious riding, etc.—Any person who slaughters any cattle or cleans_
any carcass; any person who rides or drives any cattle recklessly or furiously, or trains or breaks any
horse or other cattle:
_Second.—Cruelty to animals.—Any person who wantonly or cruelly beats, abuses or tortures any_
animal:
1. Ins. by Act 8 of 1895, s. 11.
2. Subs. by s. 12, ibid., for “two” .
3. Subs. by s. 12, ibid., for “three”.
4. Ins. by s. 13, ibid.,
5. Subs. by the A.O. 1950 for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”.
6. Subs. by Act 8 of 1895, s. 13, for “residents and passengers”.
7. Ins. by Act 1 of 1903, s. 3 and the Second Schedule.
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_Third.—Obstructing passengers.—Any person who keeps any cattle or conveyance of any_
kind standing longer than is required for loading or unloading or for taking up or setting down
passengers, or who leaves any conveyance in such a manner as to cause inconvenience or danger to
the public:
_Fourth.—Exposing goods for sale.—Any person who exposes any goods for sale:_
_Fifth.—Throwing dirt into street.—Any person who throws or lays down any dirt, filth,_
rubbish or any stones or building materials, or who constructs any cowshed, stable or the like, or who
causes any offensive matter to run from any house, factory, dungheap, or the like:
_Sixth.—Being found drunk or riotous.—Any person who is found drunk or riotous or who is_
incapable of taking care of himself:
_Seventh.—Indecent exposure of person.—Any person who wilfully and indecently exposes_
his person, or any offensive deformity or disease, or commits nuisance by easing himself, or by
bathing or washing in any tank or reservoir not being a place set apart for that purpose:
_Eighth.—Neglectto protect dangerous places.—Any person who neglects to fence in or_
duly to protect any well, tank or other dangerous place or structure.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 34-A of Act No. 5 of 1861— For section 34-A of the Police Act, 1861, the**
following section shall be substituted, namely:—
“34-A. Compounding of offences under sections 32 and 34.—An offence punishable under
section 32 or section 34 may, subject to any general or special order of the State Government in this
behalf, be compounded by the District Superintendent of Police, either before or after the institution of
the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the
maximum amount of fine fixed for the offence, and when the offence is so compounded—”
(i) before the institution of the prosecution, the offender shall not be liable to prosecution for such
offence and shall, if in custody, be set at liberty ;
(ii) before the institution of the prosecution, the composition shall amount to acquittal of the
offender.”
[Vide the Uttar Pradesh Act 35 of 1979, s. 5]
**Abatement of certain trials.— Notwithstanding anything contained in any other law for the time**
being in force, —
(1) the trial of an accused for —
(a) an offence punishable under —
“(i) the Motor Vehicles Act, 1988; or”
(ii) the Public Gambling Act, 1867, not being an offence punishable under section 3 of that
Act or an offence in respect of wagering punishable under section 13 of that Act; or
(iii) section 34 of the Police Act, 1861; or
(iv) section 160 of the Indian Penal Code, 1860; or
(b) any other offence punishable with fine only, or
-----
(2) a procedure, under section 107 or section 109 of the Code of Criminal Procedure, 1973,
pending before a Magistrate on the date of commencement of this Act from before “December 31,
2015” shall abate.
[Vide the Uttar Pradesh Act 35 of 1979, s. 9, and amended by Uttar Pradesh Act 29 of 2016 and 9
of 2018]
**35. Jurisdiction.—[1]***** Any charge against a police-officer above the rank of a constable under
this Act shall be enquired into and determined only by an officer exercising the powers of a
2Magistrate.
**36. Power to prosecute under other law not affected.—Nothing contained in this Act shall be**
construed to prevent any person from being prosecuted under any other Regulation or Act for any
offence made punishable by this Act, or from being liable under any other Regulation or Act or any
other or higher penalty or punishment than is provided for such offence by this Act:
**Proviso.—Provided that no person shall be punished twice for the same offence.**
3[37. Recovery of penalties and fines imposed by Magistrates.—The provisions of sections 64 to
70, both inclusive, of the Indian Penal Code (45 of 1860), and of sections 386 to 389, both inclusive,
of the [4]Code of Criminal Procedure, 1882 (10 of 1882), with respect to fines, shall apply to penalties
and fines imposed under this Act [.]on conviction before Magistrate:
Provided that, notwithstanding anything contained in section 65 of the first-mentioned Code, any
person sentenced to fine under section 34 of this Act may be imprisoned in default of payment of such
fine for any period not exceeding eight days.]
**41. [Rewards to police and informers payable to General Police Fund.] Rep. by the A. O. 1937.**
**542 Limitation of actions.—All actions and prosecutions against any person, which may be**
lawfully brought for anything done or intended to be done under the provisions of this Act, or under
the general police-powers hereby given shall be commenced within three months after the act
complained of shall have been committed, and not otherwise; and notice in writing of such action end
of the cause thereof shell be given to the defendant, or to the District Superintendent or an Assistant
District Superintendent of the District in which the act was committed, one month at least before the
commencement of the action.
**Tender of amends.—No plaintiff shall recover in any such action if tender of sufficient amend**
shall have been made before such action brought, or if a sufficient sum of money shall have been paid
into Court after such action brought, by or on behalf of the defendant, and, though a decree shall be
given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant,
unless the Judge before whom the trial is held shall certify his approbation of the action.
1. Certain words rep. by Act 10 of 1882, s. 2 and the Schedule I(b).
2. I.e., by a Magistrate of the first class. See s. 3 (1) of the Code of Criminal Procedure, 1973 (Act 2 of 1974).
3. Subs. by Act 8 of 1895, s. 14, for sections 37, 38, 39 and 40.
4. See now sections 421 to 424 of the Code of Criminal Procedure, 1973 (Act 2 of 1974).
1. See, however, paragraph 4 of the India and Burma (Transitory Provisions) Order, 1937. S. 41 Read as follows: —“All
sums paid for the service of process by police-officers, and all rewards, forfeitures and penalties or shares of rewards,
forfeitures and penalties which by law are payable to informers shall, when the information is laid by a police-officer, be paid
into the General Police Fund”.
2. So much of s. 42 (the portion printed in italics) as relates to the limitation of suits rep. by Act 9 of 1871, s. 2 and the
First Schedule.
5. I.e., by a Magistrate of the first class. See s. 3 (1) of the Code of Criminal Procedure, 1973 (Act 2 of 1974).
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**Proviso.—Provided always that no action shall in any case lie where such officers shall have been**
prosecuted criminally for the same act.
**43. Plea that act was done under warrant.—When any action or prosecution shall be brought or**
any proceedings held against any police-officer for any act done by him in such capacity, it shall be
lawful for him to plead that such act was done by him under the authority of a warrant issued by a
Magistrate.
Such plea shall be proved by the production of the warrant directing the act, and purporting to be
signed by such Magistrate and the defendant shall thereupon be entitled to a decree in his favour,
notwithstanding any defect of jurisdiction in such Magistrate. No proof of the signature of such
Magistrate shall be necessary, unless the Court shall see reason to doubt its being genuine:
**Proviso.—Provided always that any remedy which the party may have against the authority**
issuing such warrant shall not be affected by anything contained in this section.
**44. Police-officers to keep diary.—It shall be the duty of every officer in charge of a police-**
station to keep a general diary in such form shall, from time to time, be prescribed by the [1][State
Government] and to record therein all complaints and charges preferred, the names of all persons
arrested, the names of the complainants, the offences charged against them, the weapons or property
that shall have been taken from their possession or otherwise, and the names of the witnesses who
shall have been examined.
The Magistrate of the district shall be at liberty to call for and inspect such diary.
**45. State Government may prescribe form of returns.—The [1][State Government] may direct the**
submission of such returns by the Inspector-General and other police-officers as to such [1][State
Government] shall seem proper, and may prescribe the form in which such returns shall made.
2[46.Scope of Act.—(1) This Act shall not by its own operation take effect in any 3presidency,
4[State] or place. But the 5[State Government] by an order to be published in the Official Gazette may
extend the whole or any part of this Act to any presidency, [4][State] or place, and the whole or such
portion of this Act as shall be specified in such order shall thereupon take effect in such presidency,
4[State] or place.
1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”.
2. Subs. by Act 8 of 1895, s. 15, for section 46.
3.In the States of Madras and Bombay there are special Police Acts, see the Madras District Police Act, 1859 (24 of 1859) and the Bombay
District Police Act, 1867 (Born. 7 of 1867). In the Lower Provinces of Bengal, Bengal Act 7 of 1869 is to be read and taken as part of Act 5
of 1861, see s. 6 of the former Act.
This Act has been extended under the power conferred by the original section to—
(1) the U. P. including Ajmer-Merwara then under that Government, see Notification No. 964in theNorth-Western Provinces
Gazette, 1861, p. 634:
[The orders as to enforcement of the Act in 27 districts in the U. P., in Hamirpur, Jalaun, Jhansi, Lalitpur, Naini Tal
(including the TaraiParganas) and Almora and Garhwal, issued under the original s. 46, paragraph 2 (after the Act had been
extended under paragraph 1 of that section to the whole province) arekept in force by s. 16 of Act 8 of 1895.]
(2) Oudh, see Notification No. 34 in the North-Western Provinces Gazette, 1861, p. 1758 ;
(3) the tract of land between Allahabad and Jubbulpore ceded in full sovereignty by certain Native States ;
(4) the C. P., Districts of Nagpur, Raipur, Bhandara, Chanda and Chhindwara, Sironcha, Nimsar;
(5) Bengal and Assam;
(6) several districts in the Punjab, see Notification No. 971, dated 15th May, 1861, Calcutta Gazette, 18th May1861, p. 1302.
Under the power conferred by the section as it stood before the 1st April 1937, it has been extended as follows to—
(1) Madras: ss. 15, 15A, 16, 30, 30A, 31 and 32 of the Act have been extended to the whole of the Madras Presidency, see Notification
No. 728, dated 31st October 1895, Gazette of India, 1895, Pt. I., p. 876.
(2) Eastern Dooars in the Goalpara District, see Notification No. 230, Gazette of India, 1897, Pt. 1, p. 198.
(3) the North and South Lushai Hills and the tract known as Rutton Puiya's villages including Demagri (now known as the Lushai Hills)
_see Gazette of India, 1898, Pt. 1, p. 370._
3. Subs. by the A.O. 1950, for “Province”.
4. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “G.G. in C.”.
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(2)When the whole or any part of this Act shall have been extended, the [1][State Government] may,
from time to time, by notification in the Official Gazette, make rules consistent with this Act—
(a) to regulate the procedure to be followed by Magistrates and police-officers in the discharge
of any duty imposed upon them by or under this Act;
(b) to prescribe the time, manner and conditions within and under which claims for
compensation under section 15A are to be made, the particulars to be stated in such claims, the
manner in which the same are to be verified, and the proceedings (including local enquiries if
necessary) which are to be taken consequent thereon; and
(c) generally, for giving effect to the provisions of this Act.
(3)All rules made under this Act may from time to time be amended, added to or cancelled by the
1[State Government].]
**47. Authority of District Superintendent of Police over village police.—It shall be lawful for the**
1[State Government] in carrying this Act into effect in any part of the territories subject to such 1[State
Government], to declare that any authority which now is or may be exercised by the Magistrate of the
district over any village-watchman to or other village police-officer for the purposes of police, shall be
exercised, subject to the general control of the Magistrate of the district, by the District Superintendent
of Police.
FORM
(See section 8)
_A. B. has been appointed a member of the police-force under Act 5 of 1861, and is vested with the_
powers, functions and privileges of a police-officer.
_________
1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”.
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|
7-Jul-1861 | 16 | The Stage-Carriages Act, 1861 | https://www.indiacode.nic.in/bitstream/123456789/2265/1/a1861-16.pdf | central | THE STAGE-CARRIAGES ACT, 1861
_______
ARRANGEMENT OF SECTIONS
_______
PREAMBLE
SECTIONS
1. Definition of stage-carriage.
2. Carriages to be licensed.
3. Power to refuse license.
Particulars of license.
4. Charge for and duration of license.
5. Particulars to be painted on conspicuous part of carriage.
6. Penalty for letting carriage without having particulars painted.
7. Penalty for letting for hire unlicensed carriage.
8. Penalty for allowing carriage to be drawn by fewer animals or more passengers, etc., to be
carried than provided by license.
9. Penalty for ill-treating animals.
10. Revocation of license.
11. Penalty for not conforming to provisions of section 5.
12. Penalty for misconduct on part of drivers.
13. Penalty when recoverable from proprietor.
Proviso.
14. Issue of summons.
15. Adjudication of penalties.
16. Recovery of penalties, etc.
17. Offender may be apprehended and detained in custody until return of warrant of distress.
18. Imprisonment of offender if distress not sufficient.
19. [Repealed.].
20. Jurisdiction.
20A. Power to make rules.
21. Interpretation-clause.
“Magistrate”.
Act applicable to all animals used for drawing carriages.
22. Extent of Act.
23. Power to State Government to exempt.
1
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1[THE STAGE-CARRIAGES ACT, 1861]
ACT NO. 16 OF 1861
# An Act for licensing and regulating Stage-Carriages.
[7th July, 1861.]
**Preamble.—WHEREAS it is expedient to license and to regulate stage-carriages in** [2] [the
Provinces]; It is enacted as follows:—
**1. Definition of stage-carriage.—Every carriage drawn by one or more** [3]horses which shall
ordinarily be used for the purpose of conveying passengers for hire to or from any place in [4][the
States] shall, without regard to the form or construction of such carriage, be deemed to be a stagecarriage within the meaning of this Act.
5* - - -
**2. Carriages to be licensed.—No carriage shall be used as a stage-carriage unless licensed by a**
6Magistrate or by the 7*** Commissioner of Police of a Presidency-town.
**3. Power to refuse license.—The Magistrate or** [7]*** Commissioner of Police to whom the
application for a license of a stage-carriage is made may refuse to license the same, if he shall be of
opinion that such stage-carriage is unserviceable or is unsafe or unfit for public accommodation or
use.
**Particulars of license.—If a Magistrate or [7]*** Commissioner of Police as aforesaid shall grant a**
license, the license shall set forth the number thereof, the name and residence of the proprietor of the
stage-carriage, the place at which his head office is held, the largest number of passengers and the
greatest weight of luggage to be carried in or on such carriage, the number of horses by which such
carriage is to be drawn, and the name of the place at which such carriage is licensed.
**4. Charge for and duration of license.—[8][For every such license there shall be paid by the**
proprietor of the stage-carriage the sum of five rupees or such less sum as the [9][State Government]
may fix, and such license shall be in force for one year from the date thereof.]
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
This Act, as amended by the Stage-Carriages Act (1861) Amendment Act, 1898 (1 of 1898), has been declared to apply
to all the States of India, but not so as to supersede or contravene provisions of local laws dealing with the same subject—see
s. 22. For local laws, see the Bombay Public Conveyance Act, 1920 (Bom. 7 of 1920), the Madras Hackney Carriage Act,
1911 (Mad. 5 of 1911), and the Calcutta Hackney Carriage Act, 1919 (Ben. 1 of 1919), _cf. also the Hackney Carriage Act,_
1879 (14 of 1879).
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 the Kolhan in the District of
Singhbhum . . . . . . . . . . . . . . . . See Gazette of India 1881, Pt. I, p. 504.
The Tarai of the Province of Agra . . . . . . . . Ditto 1876, Pt. I, p. 505.
It has been declared, by notification under s.3(a) of the Santhal Parganas Justice and Laws Regulation, 1899
(3 of 1899), to be in force in the Santhal Parganas, see Calcutta Gazette, 1901, Pt. I, p. 301.
The Act has been amended in Himachal Pradesh by Himachal Pradesh Act 3 of 1974.
2. Subs. by the A.O. 1948, for “British India”.
3. All expressions and provisions in this Act applied to horses, also apply to all other animals employed in drawing stage
carriages, see s. 21, infra.
4. Subs. by the A.O. 1950, for “the Provinces” which had been subs. by the A.O. 1948, for “British India”.
5. Proviso to s. 1 which read: “Provided that this Act shall not apply to carriages not ordinarily used for journeys of a greater
distance than twenty miles” rep. by Act 1 of 1898, s. 2.
6. For definition of “Magistrate”, see s. 21, infra.
7. The word “Chief” rep. by Act 10 of 1914, s. 3 and the Second Schedule.
8. Subs. by Act 1 of 1898, s. 3, for the original paragraph.
9. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”
2
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When a licensed stage-carriage is transferred to a new proprietor within the year, the name of such
new proprietor shall, on application to that effect, be substituted in the license for the name of the
former proprietor without any further payment for that year; and every person who appears by the
license to be the proprietor, shall be deemed to be such proprietor for all the purposes of this Act.
**5. Particulars to be painted on conspicuous part of carriage.—On any stage-carriage**
being licensed, the proprietor thereof shall cause the number of the license and all the other particulars
of the license to be distinctly painted in the English language and character upon a conspicuous part of
such stage-carriage.
**6. Penalty for letting carriage without having particulars painted.—The proprietor of**
any licensed stage-carriage who shall let such stage-carriage for hire without the particulars specified
in section 3 being painted on such carriage in the manner directed in the last preceding section, shall
be liable to a fine not exceeding one hundred rupees.
**7. Penalty for letting for hire unlicensed carriage.—Whoever lets for hire any stage-**
carriage without the same being licensed as provided by this Act, shall be liable, on a first conviction,
to a fine not exceeding one hundred rupees, and on any subsequent conviction, to a fine which may
extend to five hundred rupees.
**8. Penalty for allowing carriage to be drawn by** **fewer animals or more passengers,**
**etc., to be carried than provided by license.—Any proprietor, or agent of a proprietor, or any**
driver of a licensed stage-carriage, who knowingly permits such carriage to be drawn by a less
number of horses, or who knowingly permits a larger number of passengers, or a greater weight of
luggage, to be carried by such stage-carriage than shall be provided by the license, shall be liable on a
first conviction to a fine not exceeding one hundred rupees, and on any subsequent conviction, to a
fine which may extend to five hundred rupees.
In every case where such stage-carriage shall be proved to have been drawn by a less number of
horses, or to have carried a larger number of passengers or a greater weight of luggage, than shall be
provided by the license, the proprietor of such carriage shall be held to have knowingly permitted
such offence, unless he shall prove that the offence was not committed with his connivance, and that
he had taken every reasonable precaution and had made reasonable provision to prevent the
commission of the offence.
**9. Penalty for ill-treating animals.—Any person who shall cruelly beat, ill-treat, over-drive,**
abuse, torture or cause or procure to be cruelly beaten, ill-treated, over-driven, abused or tortured, any
horse employed in drawing or harnessed to any stage-carriage, or who shall harness to or drive in any
stage-carriage any horse which from sickness, age, wounds or other cause is unfit to be driven in such
stage-carriage, shall for every such offence be liable to a fine not exceeding one hundred rupees.
**10. Revocation of license.—Any** Magistrate or [1]*** Commissioner of Police within the local
limits of whose jurisdiction any stage-carriage shall ply, or who has granted the license of any stagecarriage, may cancel the license of such stage-carriage if it shall appear to him that such stagecarriage or any horse or any harness used with such carriage is unserviceable or unsafe or otherwise
unfit for public accommodation or use.
**11. Penalty for not conforming to provisions of section 5.—In any station or place in**
which a Magistrate shall reside and be, any police-officer may, in any place within two miles of the
office of such Magistrate, seize any stage-carriage with the horse harnessed thereto, if the full
particulars of the license of such stage-carriage be not distinctly painted on such stage-carriage in the
manner provided in section 5 of this Act.
Such carriage with the horse harnessed thereto shall be taken without delay by such police-officer
before such Magistrate, who shall forthwith proceed to hear and determine the complaint of such
police-officer; and, if thereupon any fine is imposed by such Magistrate and such fine is paid, such
stage-carriage and horse shall be immediately released; and if such fine be not paid, such stage
1. The word “Chief” rep. by Act 10 of 1914, s. 3 and the Second Schedule.
3
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carriage and horse may be detained for twenty days as security for the payment thereof; and if the
fine be not sooner paid, they may be sold and the proceeds applied (so far as they extend) to the
payment of the said fine, and all costs and charges incurred on account of the detention and sale;
and the surplus (if any), when claimed, shall be paid to the proprietor of such carriage and horse; and
if such surplus be not claimed within a further period of two months from such sale, the same shall be
forfeited to the State.
If the proceeds of such sale do not fully pay the fine and costs and charges aforesaid, the balance
may be recovered as hereinafter provided.
**12. Penalty for misconduct on part of drivers.—If any driver of any stage-carriage, or any other**
person having the care thereof, shall, through intoxication, neglect, or by wanton or furious driving, or
by any other misconduct, endanger the safety of any passenger or other person, or shall injure or
endanger the property of the proprietor of such stage-carriage or of any other person, every such
person so offending shall be liable to a fine not exceeding one hundred rupees.
**13. Penalty when recoverable from proprietor.—Whenever the driver of any stage-carriage or**
the owner of any horse employed in drawing any stage-carriage shall have committed any offence
against this Act for the commission whereof any penalty is by this Act imposed, other than an offence
specified in section 8, and such driver or owner shall not be known, or being known cannot be found,
or if the penalty cannot be recovered from such driver or owner, the proprietor of such carriage shall
be liable to every such penalty as if he had been the driver of such carriage or owner of such horse at
the time when such offence was committed:
**Proviso.—Provided that if any such proprietor shall make out, to the satisfaction of the Magistrate**
before whom any complaint or information shall be heard, by sufficient evidence, that the offence was
committed by such driver or owner without the privity or knowledge of such proprietor, and that no
profit, advantage, or benefit, either directly or indirectly, has accrued or can accrue to such proprietor
therefrom, and that he has used his endeavour to find out such driver or owner, and has done all that
was in his power to recover the amount of the penalty from him, the Magistrate may discharge the
proprietor from such penalty, and shall levy the same upon such driver or owner when found.
**14. Issue of summons.—Whenever any charge is made before any Magistrate of any offence**
under this Act on which it is necessary to issue a summons to the proprietor of a stage-carriage, the
Magistrate shall issue such summons directed to such proprietor or his nearest agent, and may
transmit such summons by letter-post, which shall be deemed to be good service thereof.
The letter shall be registered at the post-office, and the cost of the registration shall be borne by the
Government in the first instance, but may be charged as costs in the case.
The summons shall allow a reasonable time, in reference to the distance to which the summons is
sent, for the appearance of such proprietor or his agent as aforesaid.
**15. Adjudication of penalties.—All penalties incurred under this Act shall be adjudged by a**
Magistrate or [1]*** Commissioner of Police as aforesaid, and all orders made under this Act by such
Magistrate or [1]*** Commissioner of Police shall be final.
**16. Recovery of penalties, etc.—All penalties imposed under this Act, or any balance of any fine,**
costs, or charges as mentioned in section 11 of this Act, may in case of non-payment or non-recovery
thereof be levied by distress and sale of the movable property of the offender by warrant under the
hand of the Magistrate who imposed the same.
**17. Offender may be apprehended and detained in custody until return of warrant of**
**distress.—In case any such penalties shall not be forthwith paid, such Magistrate may order the**
offender to be apprehended and detained in safe custody until the return can be conveniently made to
such warrant of distress, unless the offender shall give security to the satisfaction of such Magistrate
for his appearance at such place and time as shall be appointed for the return of the warrant of
distress.
1. The word “Chief” rep. by Act 10 of 1914, s. 3 and the Second Schedule.
4
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**18. Imprisonment of offender if distress not sufficient.—If upon the return of such warrant it**
shall appear that no sufficient distress can be had whereon to levy such penalty, and the same shall not
be forthwith paid, or in case it shall appear to the satisfaction of such Magistrate by the confession of
the offender or otherwise that he has not sufficient goods and chattels whereupon such penalty could
be levied if warrant of distress were issued, such Magistrate may, by warrant under his hand, commit
the offender [1]*** to prison, there to be imprisoned, according to the discretion of such officer, for any
term not exceeding two calendar months when the amount of penalty shall not exceed fifty rupees,
and for any term not exceeding four calendar months when the amount shall not exceed one hundred
rupees, and for any term not exceeding six calendar months in any other case, the commitment to be
determinable in each of the cases aforesaid on payment of the amount.
**19. [Recovery of penalty and costs from European British subjects.] Rep. by the A.O. 1950.**
**20. Jurisdiction.—On complaint made before any Magistrate of any offence committed under this**
Act, it shall not be necessary to prove that the offence was committed within the local limits of such
Magistrate or other officer.
2[20A. Power to make rules.—(1) The 3[State Government] may, by notification in the Official
Gazette, make rules to carry out the purposes and objects of this Act in the territories under its
administration or any part of the said territories.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(a) prescribe forms for licenses under this Act, the sums payable for the same and the
conditions on which they may be granted, and the cases in which they may be revoked;
(b) provide for the inspection of stage-carriages, and of the animals employed in drawing them;
and
(c) regulate the number and length of the stages for which animals may be driven in stage
carriages, and the manner in which they shall be harnessed and yoked.
(3) In making any rule under this section the [3][State Government] may direct that a breach thereof
shall be punishable with fine which may extend to one hundred rupees.]
**21. Interpretation-clause.** **“Magistrate.”—The term “Magistrate” in this Act shall include all**
Magistrates and other persons exercising the powers of a Magistrate:
4* - - -
**Act applicable to all animals used for drawing carriages.—[5][All expressions and provisions**
which in this Act are applied to horses shall also apply to all other animals employed in drawing any
carriage ordinarily used for the purpose of conveying passengers for hire to or from any place in the
States:]
6* - - -
7[22. Extent of Act.—This Act, as amended by subsequent Acts, extends to the whole of India
except [8][the territories which, immediately before the 1st November, 1956, were comprised in Part B
States]; but it shall not apply to carriages ordinarily plying for hire within the limits of any
municipality or cantonment or other place in which any law for the regulation of carriages is for the
time being in force.
1. The words “provided he is not a European British subject” omitted by the A.O. 1950.
2. Added by Act 1 of 1898, s. 4.
3. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”
4. The definition of “British India” omitted by the A.O. 1937.
5. Subs. by Act 16 of 1876, s. 1, for the third sentence of section 21.
6. The definitions relating to “number” and “gender” rep. by Act 10 of 1914, s. 3 and the Second Schedule.
7. Sections 22 and 23 added by Act 1 of 1898, s. 5. The original section 22 regarding the commencement of this Act as
originally passed had been rep. by Act 14 of 1870, s. 1 and the Schedule Part II.
8. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
5
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**23. Power to State Government to exempt.—The [1][State Government] may, by notification in**
the Official Gazette, exempt any carriages or class of carriages from all or any of the provisions of
this Act.]
________
1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “L.G.”
6
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|
10-Mar-1863 | 19 | The Partition of Revenue-Paying Estates Act, 1863 | https://www.indiacode.nic.in/bitstream/123456789/19033/1/A1863-19.pdf | central | # THE PARTITION OF REVENUE-PAYING ESTATES ACT, 1863
______________
# ARRANGEMENT OF SECTIONS
______________
SECTIONS.
1. [Repealed].
2. Future partitions to be made under provisions of Act.
3. What parties entitled to partition.
4. Parties desirous of partition to apply to Collector in writing.
5. Application to be signed, and certain particulars specified.
Otherwise may be rejected.
6. Procedure of Collector on receipt of application.
Notice to proprietors who have not joined therein.
Proclamation in case of service of notice being impracticable.
7. In case of valid objection being made within time allowed, application may be refused.
8. Procedure if question of title, or of proprietary right, be raised.
Reference to arbitrators.
9. Decision of Collector equivalent to decision of civil Court, and open to appeal.
Appellate Court may, on appeal, stay partition.
10. Special appeal to Sadr Court.
11. Civil Court to entertain suits only on appeal from decision of Collector.
12. Notification on partition being ordered.
13. Partition by whom carried out.
14. Assessment and levy of costs incurred in making partition.
15. Partition may be stayed, and proceedings quashed, by Commissioner.
Decision not open to revision by civil Court.
16. Procedure after lapse of period mentioned in notification under section XII.
17. Examination of parties and their papers.
18. Options of settlement by private agreement.
Procedure in case of refusal or default.
19. If parties cannot agree as to arbitrators, latter may be appointed by Collector.
In case of equality of votes, Collector to act as umpire.
20. Appointment in place of arbitrator refusing, or being unable, to act.
21. Powers of Collector with regard to arbitrators.
22. Particulars to be specified in partition paper.
23. Remuneration of arbitrators.
24. In default of award by first arbitrators, partition may be referred to others.
25. In default of Private agreement, or settlement by arbitration, officer may be appointed to
make partition.
26. Who shall summon proprietors by proclamation to attend proceedings.
27. Estate may be attached and brought under khas management under superintendence of
officer.
28. Procedure in case of arrears of revenue accruing during course of partition of estate.
29. Power of officer charged with partition, in respect of measurement, &c.
30. Division of lands held in common.
Proviso.
1
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SECTIONS
31. Collector may refuse to separate lands in certain cases.
32. Where no lands held in common, lands in severalty may be declared separate estate.
Proviso as to transfers.
33. Sharer failing to attend after proclamation, liable to forfeit right of objection.
34. Partition may be stayed if parties so desire.
Recovery of costs.
35. Estates formed in course of partition to be as compact as possible.
36. Revenue to be assessed on each divided estate
37. Circumstances to be considered in making partition.
38. Rule when dwelling house belonging to one sharer, is situate on ground to be allotted to
another sharer.
39. Rule as to tanks, wells, water-courses, and embankments.
40. Rule as to places of worship.
41. Particulars to be contained in paper of partition to be submitted by officer making same.
Map to be also submitted.
42. Procedure of Collector thereupon.
43. Commissioner may confirm or modify partition, subject to appeal to Board of Revenue ;
and may direct division by lot, under certain circumstances.
44. Procedure by Collector on receipt of order of Commissioner, or of Board of Revenue on
appeal.
45. Government may order new allotment of public revenue among estates formed by
partition, in case of fraud or error in original allotment being proved.
46. Consequence to party having interest in estate, if he neglect to affirm or establish such
interest while estate under attachment with a view to partition.
47. Holder of decree of civil Court, awarding right to portion of estate, may apply for
partition, and Collector may proceed thereon under Act.
48. Union in certain cases of severed portions of estates originally undivided.
49. Application for such union how made, and how dealt with.
50. [Repealed.]
51. Provisions of Act applied to partition of estates held free from payment of revenue.
52. Control of Collector’s proceedings under Act.
53. Orders of Collector when open to revision by superior Revenue-authorities.
54. What other officers may exercise powers vested in Collector.
55. Power to be exercised by Collector, or officer appointed to make partition.
56. Power of officers exercising jurisdiction under Act, with regard to false evidence.
57. Board of Revenue to be guided by instructions of Local Government.
58. Interpretation.
59. Territorial scope of Act.
2
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# THE PARTITION OF REVENUE-PAYING ESTATES ACT, 1863
ACT NO. XIX OF 1863.
As affected by Acts No. XIV of 1870, No. XIX of 1873, and No. XVIII of 1876.
____________
# PASSED BY THE GOVERNER GENERAL OF INDIA IN COUNCIL.
(Received the assent of the Governor General on the 10[th] March, 1863.)
____________
# An Act to Consolidate and amend the Law relating to the Partition of Estates paying Revenue
to Government in the North-Western Provinces of the Presidency of Fort William in Bengal[1].
**Preamble.—WHEREAS it is expedient to consolidate and amend the law relating to the partition of**
estates paying revenue to Government in the North-Western Provinces of the Presidency of Fort
William in Bengal[1] ; It is enacted as follows :—
**I. [Repealed by Act No. XIV of 1870.]**
**II.** **Future partitions to be made under provisions of Act.—All partitions of estates which shall**
be ordered to be made by the officers of Government after the passing of this Act, shall be made
under the provisions of this Act, whatever may be the tenure of the estate ordered to be divided.
**III. What parties entitled to partition.—Every recorded proprietor of a joint undivided estate**
paving Revenue to Government, or of any portion thereof, whether such estate is held in common
tenancy or otherwise, is entitled to claim partition under this Act.
**IV. Parties desirous of partition to apply to Collector in writing.—When any one or more of**
the recorded proprietors of an estate, as described in the last preceding section, shall desire to have his
or their shares of the estate separated, in order that he or they may hold the same as a separate
property, or as separate properties, such proprietor or proprietors shall make a written application for
the purpose to the Collector of the District.
Any two or more proprietors may apply to have their shares separated, and to hold the same as a
joint estate.
**V. Application to be signed, and certain particular specified.—The application shall be signed**
by the party or parties applying for the partition, and shall specify the nature of the tenure of the estate
sought to be divided.
The names of all the co-sharers in the estate, the nature and extent of their respective shares so far
as the same may be known to the applicant or applicants, or can be ascertained by him or them, and
the mode of partition desired, shall also be stated.
**Otherwise may be rejected.—If the application does not contain the particulars above-mentioned,**
the Collector may reject it.
**VI. Procedure of Collector or on receipt of application.—The Collector, on the receipt of an**
application for partition, shall, if the application be in order, and not open to objection on the face of
it, publish a notification of the same at his office, and at some conspicuous place on the estate to
which the application relates, and shall invite any party in possession, who may not have joined in the
application, and who may object to the partition applied for, to appear before him either in person or
1. Repealed, so far as it relates to the North-Western Provinces, by Act XIX of 1873, and, so far as it relates to Oudh, by Act
XVIII of 1876.
3
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by a duly constituted agent, on a day to be specified in the notification, not being less than fifteen, or
more than thirty days from the date of the notification, and state his objection.
**Notice to proprietors who have not joined therein.—If the application for partition shall not**
have been made by all the recorded proprietors of the estate, notice of the application shall be served,
in the manner usual in the district for serving notices of the revenue officers, on such of the recorded
proprietors of the estate as shall not have joined in the application.
**Proclamation in case of service of notice being impracticable.—Provided that, if from any**
cause such service cannot take place, a proclamation notifying such application shall be published, by
affixing it at the Mal - kachahri of such estate, or other conspicuous place thereon, or at the village
Chauri, Chaupal, or other conspicuous place in each village in such estate.
**VII. In case of valid objection being made within time allowed, application may be**
**refused.—If any objection be made to the partition, by any party in possession, within the time**
allowed, and the Collector, on a consideration of such objection, be of opinion that there is any good
and sufficient reason, not inconsistent with the provisions of this Act, why the partition should be
absolutely disallowed, he may refuse the application, recording the grounds of his refusal.
**[VIII. Procedure if question of title, or of proprietary right, be raised.—If the objection raise](https://www.scconline.com/Members/BrowseResult.aspx#BS0008)**
any question of title, or of proprietary right, which shall not appear to have been already determined
by a Court of competent Jurisdiction, the Collector may either decline to grant the application until the
question in dispute shall have been determined by a competent Court, or he may proceed to inquire
into the merits of the objection.
In the latter case the Collector, after making the necessary inquiry and taking such evidence as
may be adduced, shall record a proceeding declaring the nature and extent of the interests in the actual
possession of the party or parties applying for the partition, and any other party or parties who may be
affected thereby.
**Reference to arbitrators.—The procedure to be observed by the Collector in trying such cases**
shall be that laid down in Act XIV of 1882 (to consolidate and amend the laws relating to the
_procedure of the_ _Courts of Civil Judicature) for the trial of original suits, and the Collector shall have_
power to refer any question that may arise in such case to arbitration, and the provisions of
Chapter XXXVII (reference to arbitration) of the Code of Civil Procedure shall apply to so cases
referred by a Collector.
**IX. Decision of Collector equivalent to decision of civil Court, and open to appeal.—All**
orders and decisions passed by the Collector under the last preceding Section, for declaring the rights
of parties, shall be held to be decisions of a Court of Civil Judicature of first instance, and shall be
open to appeal to the District or Sadr Court, according to the value of the claim, under the rules
applicable to regular appeals to those Courts.
**Appellate Court may, on appeal, stay partition.—Upon such appeal being made, the District or**
Sadr Court, as the case may be, may issue a precept to the Collector, desiring him to stay the partition
pending the decision of the appeal.
**[X. Special Appeal to Sadr Court.—From every decision passed under the last preceding section](https://www.scconline.com/Members/BrowseResult.aspx#BS0010)**
by a District Court, a special appeal shall lie to the Sadr Court, under the rules for the time being in
force relating to special appeals to that Court.
# XI. Civil Court to entertain suits only on appeal from decision of Collector.—It shall not be
competent to the civil Court to entertain a suit, or application for the partition of an estate, except on
appeal from the decision of the Collector as herein before provided, anything contained in
Section 265 Act XIV of 1882 (to consolidate and amend the laws relating to the Procedure of the
_Courts of Civil Judicature) to the contrary notwithstanding._
**[XII. Notification on partition being ordered.—When the Collector, after disposing of the](https://www.scconline.com/Members/BrowseResult.aspx#BS0012)**
objections (if any) taken to the partition, shall order a partition to be made, he shall cause a
Notification to be published in his own Office, in the District Court, and at some conspicuous place on
4
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the estate which is to be divided, intimating his intention to proceed with the partition after thirty days
from the date of the notification.
**[XIII. Partition by whom carried out.—The partition shall be made by the Collector in whose](https://www.scconline.com/Members/BrowseResult.aspx#BS0013)**
district the estate is situate, or, if the estate be situate in two or more districts, then by the Collector of
any one of such Districts, who may be specially ordered by the Commissioner of the Division, to
superintend the partition.
If the estate be situated in two or more divisions, the partition shall be made by such Collector as
the Board of Revenue shall order.
**[XIV. Assessment and levy of costs incurred in making partition.—The expense of making the](https://www.scconline.com/Members/BrowseResult.aspx#BS0014)**
partition, and the allowances of the establishment necessary for the measurement and survey of the
lands, the preparation of papers, and any other charges, shall be fixed by the Collector.
The amount shall be paid under such rules as may from time to time be laid down by the Board of
Revenue with the sanction of the Local Government, and, in default of payment, may be realized
under the rules applicable to the recovery of arrears of rent or revenue.
**[XV. Partition may be stayed, and proceedings quashed, by Commissioner.—At any stage of](https://www.scconline.com/Members/BrowseResult.aspx#BS0015)**
the proceedings after a partition shall have been ordered, if it shall appear from information which
was not before the Collector at the time the partition was ordered, or otherwise, that any reason not
inconsistent with the provisions of this Act exists, why the partition should not be proceeded with, it
shall be competent to the Commissioner, on the report of the Collector, and subject to any orders that
the Board of Revenue may pass in the case, to stay the partition, and to order the proceedings to be
quashed.
**Decision not open to revision, by civil Court.—The decision of the Revenue authorities under**
this Section shall not be open to revision by the civil Court.
**XVI. Procedure after lapse of period mentioned in notification under section XII.—After the**
expiration of the period mentioned in the Notification referred to in Section XII of this Act, the
Collector shall, if necessary, cause a measurement of all the lands comprised in the estate to be made,
and a rent-roll of the same to be prepared.
The village-papers which are required to be prepared and periodically deposited in the office of the
Collector, under the provisions of sections XI[1]and XII[1], Regulation IX, 1833 (to modify certain
_portions of Regulation VII, 1822, and Regulation IV, 1828; to provide for the more speedy and_
_satisfactory decision of Judicial Questions cognizable by Officers of Revenue employed in making_
_Settlements under the above Regulations; for enforcing the production of the village accounts; for the_
_more extensive employment of Native Agency in the Revenue Department; and to declare the intent of_
_Section V, Regulation VII, 1822, touching claims to Malikana), may be used for the purposes of this_
Act.
Provided that any of the proprietors shall be permitted to file a rent-roll of the estate, which shall
be accepted if acknowledged to be correct by all the proprietors.
**XVII. Examination of parties and their papers.—The Collector may examine the parties on**
solemn affirmation in regard to the papers produced before him, whether by the officer appointed to
make the partition, the proprietors, or otherwise.
He shall also allow any shareholder to examine the papers so produced, and to take a copy of the
same, and after such examination he shall hear any objections which any of the shareholders may
make in respect to such papers.
The Collector may direct any Deputy Collector or other officer subordinate to him to examine the
papers produced before him, and to make a report upon the same.
**XVIII. Option of settlement by private agreement. procedure in case of refusal or**
**default.—The Collector, on the completion of the enquiry allowed by the last preceding section, shall**
1. Repealed, so far as they relate to the North-Western Provinces, by Act XIX of 1873.
5
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allow the parties the option of making a private partition of the estate and allotment of the public
revenue amongst themselves, within such time as he may fix, or, if the parties shall not consent to
make a private partition of the estate, or shall fail to make such partition within the time fixed by the
Collector, the Collector shall call upon them to state whether they are willing to refer the partition of
the estate, and the apportionment of the public revenue, to an arbitrator or arbitrators to be appointed
by them.
The Collector may also offer the parties the option of referring any point arising in the course of a
partition to arbitration.
The partition and allotment of the public revenue made by the parties, or by arbitrators appointed
by them, shall be subject to the confirmation of the Collector, and the orders of the superior
Revenue-authorities.
**XIX. If Parties cannot agree as to arbitrators, later may be appointed by Collector.—If the**
parties consent to refer the partition of the estate, and the allotment of the public Revenue, or any
point arising in the course of the partition, to arbitration, but they cannot agree amongst themselves as
to the arbitrator or arbitrators to be appointed, the Collector may appoint two or more persons to be
arbitrators in the case.
**In case of equality of votes, Collector to act as umpire.—If the arbitrators are equally divided**
in opinion, the Collector shall act as umpire, and the partition made by the arbitrator or arbitrators
with whom the Collector shall concur, shall be the partition in the case.
The same rule shall apply in respect of any point arising in the course of a partition, which shall
be referred to arbitration.
**XX. Appointment in place of arbitrator refusing, or being unable, to act.—If any person, on**
being appointed an arbitrator, shall refuse to act, or, after accepting the appointment, shall or become
incapable of acting, another person shall be appointed arbitrator in his stead, in the same manner in
which the first person was appointed.
# XXI. Powers of Collector with regard to arbitrators.—After the arbitrators shall have
accepted the appointment, the Collector shall transmit the whole of the papers to them, and it shall be
competent to the Collector to exercise towards the arbitrators the same powers and authority for
securing their attendance, and the due completion of their award, which he is competent to exercise
towards witnesses summoned before him when acting judicially, for the purpose of compelling them
to attend and give evidence.
The Collector shall also fix a time within which the arbitrator or arbitrators shall deliver the paper
of partition. On sufficient cause shown, the Collector may extend such period.
# XXII. Particulars to be specified in partition paper.—The arbitrators shall deliver a full and
complete paper of partition, specifying the separate estates into which they propose that the estate
shall be divided, the names of the parties to whom the several estates are proposed to be allotted, and
the amount of public Revenue to be assessed on each of such estates.
**[XXIII. Remuneration of arbitrators.—The arbitrators, on delivering the paper of partition as](https://www.scconline.com/Members/BrowseResult.aspx#BS0023)**
aforesaid, shall be entitled to reasonable fees for their services, the amount to be fixed by the
Collector.
**[XXIV. In default of award by first arbitrators, partition may be referred to others.— If the](https://www.scconline.com/Members/BrowseResult.aspx#BS0024)**
paper of partition be not delivered within the time fixed by the Collector, or within any further period
to which the time may have been extended, the Collector may order that the partition shall be referred
to another arbitrator or arbitrators, to be chosen in the same manner and subject to the same rules as
the first.
**[XXV. In default of private agreement, or settlement by arbitration, Officer may be](https://www.scconline.com/Members/BrowseResult.aspx#BS0025)**
**[appointed to make partition.—If the partition of the estate cannot be made by the parties](https://www.scconline.com/Members/BrowseResult.aspx#BS0025)**
themselves, or by arbitration, under the foregoing rules, the Collector shall appoint an Officer to make
6
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the partition, and shall forward the whole of the papers to such Officer, and shall direct him to
proceed to the estate, and to make the partition within a time to be fixed by the Collector.
**[XXVI. Who shall summon proprietors by proclamation to attend proceedings.—The Officer](https://www.scconline.com/Members/BrowseResult.aspx#BS0026)**
appointed to make the partition shall issue a proclamation at the Mal-kachahari of the estate, or other
conspicuous place thereon, or at the village Chaunri, or Chaupal, requiring the several proprietors of
the estate to attend upon him in person, or by agent, during the time that the partition is being made.
**[XXVII. Estate may be attached and brought under khas management under](https://www.scconline.com/Members/BrowseResult.aspx#BS0027)**
**[superintendence of Officer.—At the commencement of the Revenue year current in the District, the](https://www.scconline.com/Members/BrowseResult.aspx#BS0027)**
Collector may direct the Officer appointed to make the partition, or some other person, to attach the
estate, and to bring it under khas management under the personal superintendence of such Officer.
The collections of the estate, after defraying the expenses of management, and any other expenses
with which the estate is chargeable, shall be applied to the payment of the Government Revenue, and
the residue shall be divided amongst the proprietors in proportion to their respective shares, at such
periods as the Collector may see fit.
**[XXVIII. Procedure in case of arrears of revenue accruing during course of partition of](https://www.scconline.com/Members/BrowseResult.aspx#BS0028)**
**[estate.—If an arrear of public Revenue shall accrue on an estate ordered to be divided, while the](https://www.scconline.com/Members/BrowseResult.aspx#BS0028)**
partition of the estate is being made, any one or more of the proprietors may tender to the Collector
his or their quota of the balance, and the Collector shall receive the same, and credit the amount to the
share or shares of such proprietor or proprietors.
If a sale of any part of the estate shall ultimately become necessary for the liquidation of any part
of such arrear which may remain due, only the share or shares of the proprietor or proprietors who
shall not have contributed their quota of the balance shall be sold in the first instance, and the partition
shall go on and be completed, in the same manner as if no arrear of public Revenue had accrued.
The purchaser or purchasers of the share or shares sold shall be entitled to separate possession of
the estate or estates which, under the partition, would have been allotted to the defaulting proprietor or
proprietors.
Provided always that, in all cases of a partition, the entire estate shall be considered responsible
for the public Revenue assessed upon it, until the partition shall have been completed, and the several
proprietors shall have been put into possession of the separate estates into which the estate may be
ordered to be divided, according as the same may be allotted to them.
**[XXIX. Powers of Officer charged with partition, in respect of measurement, &c.—If the](https://www.scconline.com/Members/BrowseResult.aspx#BS0029)**
Officer appointed to make the partition shall consider it necessary, to assist him in making the same,
to cause a detailed measurement to be made of all the lands comprised in the estate, or a map of the
estate to be prepared, he shall exercise the same powers for making such measurement and map as are
vested in the Collector by any law for the time being in force.
**[XXX. Division of lands held in common.—When some of the lands forming the estate are held](https://www.scconline.com/Members/BrowseResult.aspx#BS0030)**
in common, the Collector shall declare, by a proceeding to be held under the provisions of this Act,
the principle and rule under which, in accordance with the village custom, such lands shall be divided;
and he shall cause the partition of such lands to be made in conformity to the provisions of this Act.
The portion of the common land falling by such partition to the shares of the several co-sharers
shall be added to the lands held by them in severalty, and the several estates thus formed shall be
assessed and declared separate estates.
**Proviso.—Provided that it shall be in the discretion of the Collector to cause any transfer of lands,**
agreed to by the parties, to be made previous to such declaration, and the new estate shall be declared
subject to the transfer so made.
**[XXXI. Collector may refuse to separate lands in certain cases.—The Collector may refuse to](https://www.scconline.com/Members/BrowseResult.aspx#BS0031)**
declare any lands held in severalty, and not liable to re-distribution according to special village
custom, a separate mehal, if the lands be so intermixed with other properties as to render the
7
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formation of a compact estate impossible, and if the parties affected by the partition decline to permit
of the transfers necessary for curing such defect.
**[XXXII. Where no lands held in common, lands in severalty may be declared a separate](https://www.scconline.com/Members/BrowseResult.aspx#BS0032)**
**[estate.—Where there may be no lands held in common, the lands in severalty, held by the applicant](https://www.scconline.com/Members/BrowseResult.aspx#BS0032)**
for partition, or assigned to him by the Collector under the provisions of this Act, shall be assessed
and declared a separate estate.
**Proviso as to transfer.—Provided that it shall be in the discretion of the Collector to cause any**
transfer of lands, agreed to, or directed by his order, as provided in section XXX, to be made previous
to such declaration, and the new estate shall be declared subject to the transfer so made.
**[XXXIII. Sharer failing to attend after proclamation, liable to forfeit right of](https://www.scconline.com/Members/BrowseResult.aspx#BS0033)**
**[objection.—If any sharer, after the issue of the proclamation mentioned in Section XXVI of this Act,](https://www.scconline.com/Members/BrowseResult.aspx#BS0033)**
shall fail to attend the Officer appointed to make the partition during the time the partition is being
made, no objection taken by such sharer to the partition shall be heard, unless such sharer can show
that his absence was not wilful, or unless for any good and sufficient reason it shall appear just and
proper to allow him to be heard against the partition.
**[XXXIV. Partition may be stayed if parties so desire.—If, at any time after an order shall have](https://www.scconline.com/Members/BrowseResult.aspx#BS0034)**
been passed for making a partition, it shall appear, either from the report of the Officer appointed to
make the partition, or from any other information, that the parties are not desirous that the partition
should proceed, it shall be competent to the Collector, with the sanction of the Commissioner, to stop
the partition, and to strike the case off the file,
**Recovery of costs.—recovering from the sharers all costs and expenses incurred up to that time.**
**[XXXV. Estates formed in course of partition to be as compact as possible.—It shall be the](https://www.scconline.com/Members/BrowseResult.aspx#BS0035)**
duty of the Officer appointed to make the partition, so far as circumstances will admit, to take care
that the estates into which the estate is divided shall consist of contiguous mehals or villages.
Provided that, if the estate ordered to be divided shall not consist of a sufficient number of
villages to admit of one or more entire village or villages being included in each estate, the partition of
the village or villages of which the estate shall consist shall be made so as to render each estate as
compact as possible.
**[XXXVI. Revenue to be assessed on each divided estate.—The public Revenue shall be](https://www.scconline.com/Members/BrowseResult.aspx#BS0036)**
assessed on each estate into which the property shall be ordered to be divided, in conformity to the
rules contained in any law for the time being in force.
**[XXXVII. Circumstances to be considered in making partitions.—In selecting the villages or](https://www.scconline.com/Members/BrowseResult.aspx#BS0037)**
lands to be included in each separate estate,
the advantages or disadvantages arising from situation;
the vicinity of roads, railways, navigable rivers, or canals;
the nature and quality of the soil and produce;
the quantity of culturable and unculturable waste land;
the depth at which water may be procurable;
the number of tanks and wells;
the state of the embankments and water-courses; and
any other local circumstances affecting the present, or likely to influence the future, value of the
lands, shall be duly considered:
and the villages or lands to be included in each estate shall be fairly and impartially selected.
So far as may be practicable, and consistent with compactness of partition, lands held in severalty
shall be left in the possession of the parties holding the same.
8
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**[XXXVIII. Rule when dwelling-house belonging to one sharer, is situate on ground to be](https://www.scconline.com/Members/BrowseResult.aspx#BS0038)**
**[allotted to another sharer.—If a dwelling-house belonging to one sharer shall be situate on any land,](https://www.scconline.com/Members/BrowseResult.aspx#BS0038)**
or in any village, which it may be necessary to include in the share of another sharer, the proprietor of
such house shall be at liberty to retain it, with the offices, buildings, and grounds, immediately
attached thereto, upon agreeing to pay to the proprietor of the land or village in which the same is
situate an equitable rent for the ground.
The limits of the ground and the rent to be paid for it shall be fixed by the Officer making the
partition, and shall be stated in the paper of partition.
**[XXXIX. Rule as to tanks, wells, water-courses, and embankments.—Tanks, wells,](https://www.scconline.com/Members/BrowseResult.aspx#BS0039)**
water-courses, and embankments, shall be considered as attached to the land for the benefit of which
they were originally made.
In cases in which, from the extent, situation, or construction of such works, it shall be found
necessary to continue them the joint property of the proprietors of two or more of the estates into
which the estate may be divided, the paper of partition shall specify, as far as circumstances may
admit, the extent to which the proprietors of each of such estates may make use of the same, and the
proportion of the charges for repairs to be borne by them respectively.
**[XL. Rule as to places of worship.—Places of worship, which shall have been held in common](https://www.scconline.com/Members/BrowseResult.aspx#BS0040)**
previous to the partition of an estate, shall continue to be so held, unless the parties shall otherwise
agree amongst themselves, in which case they shall state in writing the agreement into which they
have entered, and the Officer making the partition shall enter a note of the agreement in the paper of
partition.
**[XLI. Particulars to be contained in the paper of partition to be submitted by Officer making](https://www.scconline.com/Members/BrowseResult.aspx#BS0041)**
**[same.—When the Officer appointed to make the partition shall have completed the partition, and](https://www.scconline.com/Members/BrowseResult.aspx#BS0041)**
allotted the public Revenue on each of the estates into which it is proposed that the estate shall be
divided, he shall prepare and submit to the Collector a paper of partition, showing how he proposes to
divide the estate, and to apportion the public Revenue.
This paper shall specify
the names of the Mehals or villages included in each separate estate;
the gross produce of each Mehal and village for the three years immediately preceding the year in
which the partition is ordered to be made;
the names of the parties to whom the several estates are allotted, and the proportion of the public
Revenue proposed to be assessed on each of such estates, with any remarks regarding the mode
observed in selecting the lands included in each estate, and the accounts upon which the
apportionment of the public Revenue assessed thereon shall have been based, as may be necessary for
the information of the Collector.
The paper shall further contain a detail of the adjustments, if any, which shall have been made in
respect to any tanks, places of worship, or other matters, as specified in the preceding Sections.
**Map to be also submitted.—The Officer appointed to make the partition shall also submit a map,**
showing the several estates into which the estate is proposed to be divided.
# XLII. Procedure of Collector thereupon.—The Collector shall take into consideration the
partition proposed by the Officer appointed to make the partition, and, after calling for any further
information which he shall deem necessary, and disposing of any objections which shall be taken to
the partition, and allotment of public Revenue, as proposed by such Officer, he shall submit a report
to the Commissioner, together with such of the papers of the case as shall appear to him essential.
He shall also forward a list of the papers not sent.
The Collector shall record his opinion whether the proposed partition should be confirmed or
modified, and in the latter case, he shall state the nature of the modification which, in his opinion,
should be made.
9
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**[XLIII. Commissioner may confirm or modify partition, subject to appeal to Board of](https://www.scconline.com/Members/BrowseResult.aspx#BS0043)**
**[Revenue;—The Commissioner shall either uphold the partition proposed by the Collector, or modify](https://www.scconline.com/Members/BrowseResult.aspx#BS0043)**
the same. The decision of the Commissioner shall not be open to revision by the Civil Court, but shall
be subject to appeal to the Board of Revenue.
The Commissioner, before coming to a decision, may call for any additional papers, or direct any
further inquiry that he shall consider necessary.
**And may direct division by lot under certain circumstances.—He may also, if he think proper,**
direct that, when two or more of the estates into which it is proposed to divide the estate shall consist
of the same proportions of the entire estate, the parties entitled thereto shall draw lots for the same
before the Collector.
**[XLIV. Procedure by Collector on receipt of order of Commissioner, or of Board of Revenue](https://www.scconline.com/Members/BrowseResult.aspx#BS0044)**
**[on appeal.—On the receipt of the order of the Commissioner or if an appeal be preferred to the Board](https://www.scconline.com/Members/BrowseResult.aspx#BS0044)**
of Revenue, then, of the order passed on the appeal, the Collector shall cause the same to be published
in his Office, and in some conspicuous place in each of the estates separately constituted by such
order.
The Collector shall at the same time specify the date from which each of the estates shall be held
to be a separate estate, and shall enter the several estates into which the estate has been divided in the
Register of Estates paying Revenue to Government.
The Collector shall give the several proprietors possession of the estates allotted to them, and, if
necessary, may avail himself of the assistance of the Magistrate in giving possession.
**[XLV. Government may order new allotment of public Revenue among estates formed by](https://www.scconline.com/Members/BrowseResult.aspx#BS0045)**
**[partition, in case of fraud or error in original allotment being proved.—In order to prevent](https://www.scconline.com/Members/BrowseResult.aspx#BS0045)**
collusion or error in the distribution of the public Revenue assessed upon an estate which may ordered
to be divided into two or more distinct estates, if it shall be proved to the satisfaction of the
Government, within twelve years from and after the date of confirmation of the partition, that the
public Revenue was fraudulently or erroneously apportioned at the time of the partition, the
Government shall have power to order a new allotment of the public Revenue upon the several estates
into which such estate may have been divided, conformably to the principles prescribed in this Act, on
an estimate of the gross produce of each estate at the time of the partition, to be made agreeably to the
best evidence and information which may be procurable respecting the same.
Such order shall not be liable to be contested in the Civil Court.
The parties whose estates may be declared to have been under-assessed shall be-required to pay to
the proprietors of the estates which shall have been over-assessed, the sum in which they shall be
found to have been over-assessed, and in default of payment, the amount shall be leviable by the
process prescribed for the recovery of arrears of rent or Revenue.
**[XLVI. Consequence to party having interest in any estate, if he neglect to affirm or establish](https://www.scconline.com/Members/BrowseResult.aspx#BS0046)**
**[such interest while the estate is under attachment with a view to partition.—If, during the time an](https://www.scconline.com/Members/BrowseResult.aspx#BS0046)**
estate is under attachment with a view to the partition of the same, any party shall neglect or omit to
claim, by a suit, any right or title he may then have to the ownership or occupancy, at a fixed rent, of
any land situated in such estate, or any other interest therein, such, neglect or omission shall be a valid
plea in bar of any suit relating to such right, title, or interest, unless the party can satisfy the Court that
there was good and sufficient reason for his neglect or omission to institute the suit at or before such
time.
Provided that this Section shall not bar any action for arrears of rent, or the enhancement or
alteration of rent.
**[XLVII. Holder of decree of Civil Court, awarding right to portion of an estate, may apply for](https://www.scconline.com/Members/BrowseResult.aspx#BS0047)**
**[partition, and Collector may proceed thereon under Act.—Whenever any Court of Civil](https://www.scconline.com/Members/BrowseResult.aspx#BS0047)**
Judicature shall pass a decree, awarding to any person the proprietary right in a portion of an estate
paying Revenue to Government, whether the portion so awarded shall consist of a fractional share in
10
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the whole, or a part, of the estate, or of specific lands, the decree-holder may apply to the Collector for
a partition of the estate;
and on the receipt of such application, the Collector shall proceed thereupon under the provisions
of this Act, which are hereby declared applicable to such applications.
**[XLVIII. Union in certain cases of severed portions of estates originally undivided.—If two or](https://www.scconline.com/Members/BrowseResult.aspx#BS0048)**
more estates, which may have originally formed portions of the same estate, shall come into the
possession of one person, such person shall be entitled to have such estates united, and to hold them
as a single estate;
or if two or more persons shall have separate possession of their respective shares of an estate
which was originally held as a joint undivided estate, such persons may apply to have their shares
united, and to hold them as one estate.
**[XLIX. Application for such union how to be made, and how to be dealt with.—The](https://www.scconline.com/Members/BrowseResult.aspx#BS0049)**
applications for the union of the estates, or of the shares of the estate, as the case may be, shall be
made in writing to the Collector of the District in which the estates, or shares of the estate, are situate,
and the Collector (provided he see no objection) shall comply with the application, and cause the
necessary entries to be made in the records of his Office, reporting the case to the superior Revenue
Authorities.
**[L.](https://www.scconline.com/Members/BrowseResult.aspx#BS0050)** **[Repealed by Act No. XIV of 1870.]**
**[LI. Provisions of Act applied to partition of estates held free from payment of](https://www.scconline.com/Members/BrowseResult.aspx#BS0051)**
**[Revenue.—The provisions of this Act may, in so far as the same are applicable be applied, by order](https://www.scconline.com/Members/BrowseResult.aspx#BS0051)**
of the Local Government to the partition of any estate held free from the payment of Government
Revenue.
**[LII. Control of Collector's proceedings under Act.—In the performance of his duties under this](https://www.scconline.com/Members/BrowseResult.aspx#BS0052)**
Act, the Collector shall be subject to the general direction and control of the Commissioner of the
Division, and the Board of Revenue.
**[LIII. Orders of Collector, except in certain cases, open to revision by superior Revenue](https://www.scconline.com/Members/BrowseResult.aspx#BS0053)**
**[Authorities.— All orders passed by a Collector under this Act, unless otherwise provided, not being](https://www.scconline.com/Members/BrowseResult.aspx#BS0053)**
orders or decisions within the meaning of Section IX, shall be open to revision by the superior
Revenue Authorities.
**[LIV. What other Officers may exercise powers vested in Collector by this Act.—The powers](https://www.scconline.com/Members/BrowseResult.aspx#BS0054)**
vested in a Collector by this Act may be exercised by a Deputy Collector, or other Officer, vested
with the full powers of a Collector, subject to the control of the Collector of the District.
**[LV. Powers to be exercised by Collector, or Officer appointed to make partition.—In carrying](https://www.scconline.com/Members/BrowseResult.aspx#BS0055)**
out the provisions of this Act, the Collector shall exercise the powers described in Regulation II, 1819,
Regulation VII, 1822, and Regulations IX and XIV, 1825.
Any Officer appointed to make a partition under this Act may also exercise the powers described
in the foregoing Regulations, so far as the same may be applicable.
**[LVI. Powers of Officers exercising jurisdiction under Act, with regard to false](https://www.scconline.com/Members/BrowseResult.aspx#BS0056)**
**[evidence.—If, in any case in which a Collector or other Officer shall exercise Jurisdiction under this](https://www.scconline.com/Members/BrowseResult.aspx#BS0056)**
Act, any person is guilty of the offence of giving or fabricating false evidence, or of forgery, as
defined in the Indian Penal Code, or of abetting any of those offences, such Collector or other Officer
shall have the same powers in respect of such offence, and of the person charged with, committing the
same, as are vested by the Code of Criminal Procedure in a Civil Court, when any such offence is
committed before or against such Court, or when a document charged to be a forgery is given in
evidence in any proceedings in such Court.
**[LVII. Board of Revenue to be guided by instructions of Local Government.—In the execution](https://www.scconline.com/Members/BrowseResult.aspx#BS0057)**
of the duties vested in the Board of Revenue by this Act, the Board shall be guided by such orders or
instructions as they may from time to time receive from the Local Government, to whom they shall
apply in all cases which shall appear to the Board not to have been provided for by the existing law.
11
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**[LVIII. Interpretation.—Unless there be something in the subject or context repugnant to such](https://www.scconline.com/Members/BrowseResult.aspx#BS0058)**
construction, words importing the singular number shall include the plural number, and words
importing the plural number shall include the singular number; and
words importing the masculine gender shall include females.
**[LIX. Territorial scope of Act.—This Act shall extend only to such parts of the North-Western](https://www.scconline.com/Members/BrowseResult.aspx#BS0059)**
Provinces of the Presidency of Fort William in Bengal as are subject to the general Regulations of that
Presidency; but the Act may be extended, by order of the Local Government, either wholly or in part,
to any Non-Regulation Province under such Government.
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12
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|
10-Mar-1863 | 23 | The WASTE-LANDS (CLAIMS) ACT, 1863 | https://www.indiacode.nic.in/bitstream/123456789/19035/1/A1863-23.pdf | central | # THE WASTE LANDS (CLAIMS) ACT, 1863
__________
# ARRANGEMENT OF SECTIONS
__________
PREAMBLE.
SECTIONS.
1. Provision for inquiry into claims to land, or objections to sale of same.
2. Procedure in such cases.
3. Pending enquiry, sale &c., to be postponed.
4. Sale to be stopped if claim appear to be established, but may afterwards be proceeded with.
5. Procedure after passing of order in the case, Report to Revenue Board, Decision of Board.
6. Local Government may, with in Twelve months, order suit to be brought to try claim admitted by
Collector.
7. Special Court for trying claims.
8. Notice of constitution of Special Courts. Claims not cognizable in other Courts.
9. Special Court where to be held.
10. Plaintiff and defendant in suit under section V, Proviso, Plaintiff and defendant in suits under
section VI.
Proviso.
11. Regulation of Proceedings.
12. Procedure before hearing of suit.
13. Procedure on hearing.
14. No appeal or revision.
15. Reference of question of law, etc., to High Court etc. when reference obligatory in certain cases.
16. Court may proceed notwithstanding reference.
17. Records of cases where to be deposited.
18. Limitation as to claims to land sold or dealt with. Provision for such claims if preferred within
time.
19. If claim established, possession not to be given, but compensation.
20. When land has not been absolutely sold, or has been otherwise dealt with.
21. Award under the two last Sections to be in full satisfaction.
22. Government not barred from awarding compensation for land absolutely sold, though claim be
not preferred in time.
23. Compensation for land sold subject to condition, if claim proved, though not preferred in time.
23A. Exercise of power of the State Government by the Board of Revenue or the Financial
Commissioner.
24. [Repealed.]
1
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1[THE WASTE LANDS (CLAIMS) ACT, 1863]
# ACT NO. XXIII OF 1863[2].
__________
# PASSED BY THE GOVERNER - GENERALOF INDIAIN COUNCIL.
(Received the assent of the Governor - General on the 10[th]March, 1863.)
____________
# An Act to provide for the adjudication of claims to waste lands.
Preamble.—WHEREAS it is expedient to make special provision for the speedy adjudication
of claims which may be preferred to waste lands proposed to be sold, or otherwise dealt with, on account of [3][the Provincial Government], and of objections taken to the sale or other disposition of such lands ; It is enacted as follows :—
**I. Provision for inquiry into claims to land, or objections to sale of same.—When any claim shall**
be preferred to any waste land proposed to be sold, or otherwise dealt with, on account of [3][the State
Government], or when any objection shall be taken to the sale or other disposition of such land, the
Collector of the District in which such land is situate, or other Officer performing the duties of a Collector
of Land Revenue in such District by whatever name his Office is designated, shall, if the claim or
objection be preferred within the period mentioned in the advertisement to be issued for the sale or other
disposition of such land, which period shall not be less than three months, proceed to make an enquiry
into the claim or objection.
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
2. This Act has been declared to be in force in all part A States except the Scheduled Districts, by the Laws Local Extent Act, 1874
(15 of 1874), 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_ Pt. I,
India, P. 1.
The Districts of Hazaribagh, Lohardaga (now the Ranchi District, see Ditto 1881, Pt. I, p. 504.
Calcutta Gazette, 1899, Pt. 1, p. 44), and Manbhum and Paragana
Dhalbhum and the Kolhan in the District of Singbhum
The Porahat Estate in the Singbhum District. . . . . . Ditto 1897, Pt. I, p. 1059.
Kumaon and Garhwal . . . . . . . . Ditto 1876, Pt. I, p. 605.
The Scheduled portion of the Mirzapur District . . . . . Ditto 1879, Pt. I, p 383.
Jaunsar Bawar . . . . . Ditto 1879, Pt. I, p. 382.
The District of Lahaul . . . . 1886, Pt. I, p. 301
The District of Kamrup, Naugong Darrang, Sibsagar, Lakhimpur, Ditto 1878, Pt. I, p. 533.
Goalpara (excluding the Eastern Duars) and Cachar (excluding the
North Cachar Hills) . . . . .
It has been declared under s. 3 (b) of the same Act not to be in force in the Scheduled Districts in Ganjam and Vizagapatam, see Gazette of
India, 1898, Pt. I, 872.
It has been extended, by notification under s. 5 of the last-mentioned Act, to the following Scheduled Districts, namely :—
Western Duars Gazette of India, 1875, Pt. I, p. 497.
The Tarai of the Province of Agra Ditto 1876, Pt. I, p. 505.
It has been repealed in Bombay by the Waste Lands (Claims) (Bombay Repeal) Act, 1943 (Bom. 9 of 1943).
This Act has been extended to the new Provinces and Merged States by the Merged States (Laws) Act, 1949 (59 of 1949) and to the States
of Manipur, Tripura and Vindhya Pradesh by the Part C States (Laws) Act, 1950 (30 of 1950).
3. Subs. by the A.O. 1937 for “Govt.”
2
-----
**II. Procedure in such cases.—The Collector or other Officer as aforesaid, shall call upon the claimant**
or objector to produce any evidence or documents, upon which he may rely in proof of his claim or
objection ; and after considering the same, and making any further enquiry that may appear proper, shall
dispose of the case by an order for the admission or rejection of the claim or objection ; and if the land is
proposed to be sold, for the sale of the same subject to any condition or reservation which, to such
Collector or other Officer as aforesaid, shall appear to be proper. If the land is ordered to be sold subject
to any condition or reservation, such condition or reservation shall be notified to intending purchasers at
the time of sale.
**III. Pending an enquiry, sale &c., to be postponed.—Pending an enquiry into any claim or objection**
under the last preceding Section, the Collector or other Officer as aforesaid shall postpone the sale or
other disposition of the land ;
and, if he shall order that such claim or objection be rejected, he shall further postpone the sale or
other disposition of the land, to allow the claimant or objector to contest the order of rejection in the
manner hereinafter provided.
**IV. Sale to be stopped if claim appear to be established, but may afterwards be proceeded**
**with.—If the Collector or other officer as aforesaid shall consider the claim or objection to be established,**
and that the sale or other disposition of the land should not take place, he shall stop the sale or other
disposition of the land:
but such sale or other disposition of the land may afterwards be proceeded with, if, on an order
issued by the Local Government to try to claim or objection, as provided in section VI of this Act, the
claimant or objector shall fail to establish the same.
**V. Procedure after passing of order in the case, Report to Revenue Board, Decision of Board.—If**
the Collector or other Officer as aforesaid shall order that the claim or objection be rejected, or that the
land be sold subject to any condition or reservation, or that it be otherwise dealt with, he shall cause a
copy of such order to be delivered to the claimant or objector ;
order when final.—and if such claimant or objector shall not, within one week from the delivery of
such copy, or within such further time as the Collector or other Officer as aforesaid, for any special reason
to be recorded, shall see fit to grant, give notice in writing to such Collector or other Officer as aforesaid,
that he intends to contest such order, the order shall be final.
Report to Board.—If the claimant or objector shall, within the time allowed, give such notice, the
Collector or other Officer as aforesaid shall immediately make a report to the [1][Board of Revenue, or
other] superior Revenue Authority ; [2][to which he is immediately subordinate] and shall forward with
such Report a copy of his order, stating fully all the circumstances of the case, and the evidence adduced
in support, or otherwise, of the claim or objection;
Decision of Board.—and such [3][Board, or other] authority, on the receipt of such Report, and after
calling for any further information which it may consider necessary, may confirm, modify or reverse, the
order of the Collector or other officer as aforesaid.
1. The words “Board of Revenue or other” rep. by Act 4 of 1914, Schedule, Pt. I.
2. Ins., ibid.,
3. The words “Board or other” rep., ibid.
3
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If the Board or other Authority as aforesaid confirm the order of the Collector or other Officer as
aforesaid, or modify such order in such to manner as to leave any part of such order in force adverse to
the claimant or objector, the Collector or other Officer as aforesaid shall certify such order to the Court
constituted as hereinafter provided;
and such Court shall forthwith give notice to the claimant or objector; and if such claimant or
objector ;
and if such claimant or objector shall not, [1][within thirty days from the delivery of such notice from
the Court], institute a suit in such Court to establish his claim or objection, the order of the [2][Board or
other] authority aforesaid shall be final.
**VI. Local Government may, with in Twelve months, order suit to be brought to try claim**
**admitted by Collector.—The Local Government may, within twelve months after the date on which the**
claim of any claimant of waste land, or the objection of any objector, as aforesaid, shall have been
admitted under this Act by the Collector or other Officer as aforesaid, direct a suit to be brought to try the
claim or objection of the claimant or objector, in a Court constituted as hereinafter provided.
**VII. Special Court for trying claims.—For the investigation and trial of claims under this Act, the**
Local Government shall constitute, in every District in which there may be any waste lands capable of
being sold, or otherwise dealt with, on account of Government, a Court consisting of an uneven number
of persons, not less than three; of whom the Judge of the District, or the Officer presiding in the principal
Civil Court of original jurisdiction in the District, by whatever name his office may be designated, shall
be one. Any one or more of the members of which such Court shall consist shall have power to make all
such orders in the case as may be necessary prior to the hearing of the suit: Provided that, whenever the
Collector, or other Officer, by whom the original enquiry was held, is the fficer presiding in the principal
Civil Court of original Jurisdiction in the District, such Officer shall not be a member of such Court.
**VIII. Notice of constitution of Special Courts. Claims not cognizable in other**
**Courts.—Whenever any Court is constituted under this Act, notice thereof shall be given by a written**
proclamation, copies of which shall be affixed in the several Courts, and in the offices of the several
Collectors and Magistrates of the District: and from the date of the issue of such proclamation, no other
Court shall be competent to entertain any claim or objection, belonging to the class of claims or
objections for the trial and determination of which such Court is constituted.
**IX. Special Courts where to be held.—The Courts constituted under this Act shall be held at such**
place, or places, within the limits of their respective jurisdictions, as shall be considered most convenient.
**X. Plaintiff and defendant in suit under section V, Plaintiff and defendant in suits under section**
**VI.—In every suit instituted under Section V of this Act, the claimant of the waste land, or objector to the**
sale or other disposition of such land, shall appear as plaintiff; and the Collector, or other Officer
aforesaid, shall appear as defendant on the part of [3][The State Government]
Either party may appear by pleader or by agent.
1. The words “within thirty days from the delivery of such notice from the Court” rep. by Act 9 of 1871. For Limitation, see
now the Indian Limitation Act, 1908 (9 of 1908).
2. The words “Board or other” rep., by Act 4 of 1914, Schedule, Pt. I.
3. subs. By the A.O. 1937 for “Govt.”
4
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**Proviso.—Provided that if such other officer as aforesaid be the presiding officer of the principal Civil**
Court of original jurisdiction in the district, the Local Government shall appoint some other Officer to
appear as defendant in the case on its behalf.
In any suit ordered to be instituted by the Local Government under section VI of this Act,
1[the State Government], by any officer, to be appointed for the purpose, shall appear as plaintiff; and the
claimant or objector as aforesaid shall appear as defendant.
**XI. Regulation of Proceedings.—In suits instituted under this Act, except as hereinafter provided, the**
proceedings shall be regulated, so far as they can be, by the Code of Civil Procedure.
**XII. Procedure before hearing of suit.—The Court shall fix a day for the appearance of the**
parties, and for the hearing of the suit, of which due notice shall be given to the parties or their agents;
and on the day so fixed, the parties or their agents shall bring their witnesses into Court, together with any
documents on which they may intend to rely in support of their respective statements. If either party
require the assistance of the Court to procure the attendance of a witness on such day, he shall apply to
the Court in sufficient time, before the day fixed for the hearing of the suit; and the Court shall issue a
subpoena requiring such witness to attend the Court on that day It shall be competent to the Court to
require the personal attendance of the claimant of the waste land, or objector, as aforesaid, on the day
fixed for the hearing, or at any subsequent stage of the suit.
**XIII. Procedure on hearing.—On the day fixed for the hearing of the suit, or as soon after as may be**
practicable, the Court shall proceed to examine the claimant of the waste land, or the objector, or his
agent (when his personal attendance is not required), and the witnesses of the parties; and upon such
examination, and after inspecting the documents of the parties, and making any further enquiry that may
appear necessary, shall proceed to pass such order in the case as it may consider just and proper.
**XIV. No appeal or revision.—No appeal shall lie from any decision or order passed under this Act,**
nor shall any such decision or order be open to revision.
**XV. Reference of question of law, etc., to High Court etc. when reference obligatory in certain**
**cases.—If, on the trial of any suit under this Act, any question of to law, or of usage having the force of**
law, or the construction of a document affecting the merits of the case, shall arise, on which the Court
shall entertain reasonable doubts, the Court may, either of its own motion, or on the application of any of
the parties to the suit, draw up a statement of the case and submit it, with its own opinion, for the opinion
of the High Court of Judicature, or of the highest Civil Court of Appeal and Revision in the territory in
which the land is situate: Provided that it shall be the duty of every Court held under this Act, to make
such reference to such High Court, or Court of Appeal, if, in any suit under this Act, any question shall
arise involving any principle of general importance, or the rights of a class.
**XVI. Court may proceed notwithstanding reference.—The Court may proceed in the case**
notwithstanding a reference to the High Court, or other highest Civil Court of Appeal as aforesaid; and
may pass an order contingent upon the opinion of the High Court, or other Court as aforesaid, on the point
referred; but no final order for the sale or other disposition of the land in question in the suit, or for the
admission or rejection of any claim or objection which shall be before the Court in such suit, shall be
passed, until the receipt of the order of the said High Court, or highest Civil Court of Appeal.
**XVII. Records of cases where to be deposited.—The record of cases disposed of by Courts**
constituted under this Act, shall be deposited amongst the records of the principal Civil Court of original
jurisdiction in the District in which the property in dispute is situate.
**XVIII. Limitation as to claims to land sold or dealt with, Provision for such claims if preferred**
**with in time.—No claim to any land, or to compensation or damages in respect of any land, sold or**
1. subs. by the A.O. 1937 for “Govt.”
5
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otherwise dealt with on account of [1][the State Government] as waste land, shall be received after the
expiration of three years from the date on which such land shall have been delivered by
the Government to the purchaser, or otherwise dealt with.
If within three years after any lands have been delivered by the Government to the purchaser, or
otherwise dealt with, any claimant or objector shall prefer a claim to the land so delivered, or otherwise
dealt with, or an objection to such sale, or to compensation or damages in respect thereof, in the Court
constituted under this Act for the District in which the land is situate; and shall show good and sufficient
reason for not having preferred his claim or objection to the Collector or other Officer as aforesaid, within
the period limited under Section I of this Act; such Court shall file the claim or objection, making the
claimant or objector plaintiff, and the Collector of the District or other Officer as aforesaid (with the like
provision as aforesaid if such other Officer be the presiding officer of the principal Civil Court of original
jurisdiction in the District), the defendant in the suit;
and the foregoing provisions of this Act shall be applicable to the trial and determination of the suit.
The report of the Officer employed to give delivery, or to take possession, on the part of [1][the State
Government], of the land sold or otherwise dealt with, shall be conclusive evidence as to the date on
which such delivery was made, or possession was taken.
**XIX. If claim established, possession not to be given, but compensation.—In any case in which the**
land has been sold, if the Court shall be of opinion that the claim of the claimant is established, the Court
shall not award the claimant possession of the land in dispute; but shall order him to receive from
2[the State Government] Treasury, by way of compensation, a sum equal to the price at which the land
was sold, in addition to the costs of suit.
**XX. When land has not been absolutely sold, or has been otherwise dealt with.—If the land shall**
have been sold subject to any condition reservation, or shall not have been sold, but shall have been
otherwise dealt with on account of the [2][the State Government], and the Court shall be of opinion that the
claim to such land, or the objection of an objector, is established, the Court shall award the claimant or
objector to receive such sum, in respect of his interest in such land, as shall be awarded in that behalf
under the provisions of [3]Act VI of 1857 (for the acquisition of lands for public purposes).
and thereupon the State Government shall proceed under the said Act to obtain an award of the value
of such interest.
**XXI. Award under the two last Sections to be in full satisfaction.—An award under any of the**
provisions of the two last preceding Sections shall be in full satisfaction of the claim of the claimant or
objector; and shall bar any future claim on his part, in respect to the land in suit resting on the same cause
of action, or on a cause of action which existed prior to the date of the sale or other disposition of the land
on account of [1][the State Government].
**XXII. Government not barred from awarding compensation for land absolutely sold, though**
**claim be not preferred in time.—Nothing in this Act shall be held to prevent** [1][the State Government]
from awarding, to any claimant of waste land sold on account of Government, on proof to the satisfaction
of the State Government of the claim of such claimant (notwithstanding that he may not have preferred
his claim either to the Collector or other Officer as aforesaid, or to the proper Court constituted under this
Act, within the period prescribed by this Act), such amount as compensation for the said land, within the
limit as to amount mentioned in Section XIX of this Act, if the land have been sold not subject to any
condition or reservation, as to such State Government may seem proper.
1. Subs. by the A.O. 1937 for “Govt.”.
2. Subs. ibid., for “the Govt.”.
3. see now the Land Acquisition Act, 1894 (1 of 1894), s. 2.
6
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**XXIII. Compensation for land sold subject to condition, if claim proved, though not preferred in**
**time.—If the land have been sold subject to any condition or reservation, or have been otherwise disposed**
of, on account of [1][the State Government], and any claim to such land, or objection to the sale or other
disposition of the land, shall be proved to the satisfaction of the [1][the State Government], although not
preferred to the Collector or other Officer as aforesaid, or to the Court constituted under this Act, within
the period prescribed by this Act, [1][the State Government] may award to such claimant or objector such
amount as to such State Government may appear to be the value of the interest of such claimant or
objector in such land.
**2[XXIIIA. Exercise of power of the State Government by the Board of Revenue or the Financial**
**Commissioner.—In a State for which there is a Board of Revenue or a Financial Commissioner, the**
powers and duties of the State Government under sections 6, 10, 22 and 23 may be exercised by such
Board or Financial Commissioner, as the case may be.]
**XXIV. [Interpretation-clause. Number. Gender.]—Rep. by Repealing and Amending Act, 1914 (10 of**
1914), s. 3 and Sch. II.
__________
1. Subs. by the A.O. 1937 for “Govt.”.
2. Ins. by Act 4 of 1914, Sch., Pt. I. S. 23-A has been omitted in its application to the U.P., see the U.P. Board of Revenue Act,
1922 (U.P. 12 of 1922).
7
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|
10-Mar-1863 | 20 | The Religious endowments act, 1863 | https://www.indiacode.nic.in/bitstream/123456789/2266/1/A1863-20.pdf | central | # THE RELIGIOUS ENDOWMENTS ACT, 1863
_________
# ARRANGEMENT OF SECTIONS
________
PREAMBLE.
SECTIONS
1. [Repealed.].
2. Interpretation-clause.
“Civil Court” and “Court”.
3. Government to make special provision respecting mosques, etc.
4. Transfer to trustees, etc., of trust-property in charge of Revenue Board.
Cessation of Board’s powers as to such property.
5. Procedure in case of dispute as to right of succession to vacated trusteeship.
Powers of managers appointed by Court.
6. Rights, etc., of trustees to whom property is transferred under section 4.
7. Appointment of committees.
Constitution and duties of committees.
8. Qualifications of member of committee.
Ascertaining wishes of persons interested.
9. Tenure of office.
Removal.
10. Vacancies to be filled.
Procedure.
When Court may fill vacancy.
11. No member of Committee to be also trustee, etc., of mosque, etc.
12. On appointment of Committee, Board and local agents to transfer property.
Termination of powers and responsibilities of Board and Agents.
Commencement of powers of committee.
13. Duty of trustee, etc., as to accounts.
and of committee.
14. Persons interested may singly sue in case of breach of trust, etc.
Powers of Civil Court.
15. Nature of interest entitling person to sue.
16. Reference to arbitrators.
Act 10 of 1940 applied.
-----
SECTIONS
17. Reference under Act 10 of 1940.
18. Application for leave to institute suits.
Costs.
19. Court may require accounts of trust to be filed.
20. Proceedings for criminal breach of trust.
21. Cases in which endowments are partly for religious and partly for secular purposes.
22. Government not to hold charge henceforth of property for support of any mosque, temple, etc.
23. Effect of Act in respect of Regulations therein mentioned, and of buildings of antiquity, etc.
24. [Repealed.].
-----
# THE RELIGIOUS ENDOWMENTS ACT, 1863[1]
ACT NO. 20 OF 1863
[10th March, 1863.]
# An Act to enable the Government to divest itself of the management of Religious Endowments.
**Preamble.—Whereas it is expedient to relieve the Boards of Revenue, and the local Agents, in the**
Presidency of Fort William in Bengal, and the Presidency of Fort Saint George, from the duties imposed on
them by Regulation XIX, 1810 (Ben. Reg. 19 of 1810), of the Bengal Code (for the due appropriation of the
rents and produce of lands granted for the support of Mosques, Hindu Temples, Colleges and other purposes;
for the maintenance and repair of Bridges, Sarais, Kattras, and other public buildings; and for the custody and
disposal of Nazul Property or Escheats), and Regulation VII, 1817 (Mad. Reg. 7 of 1817), of the Madras
Code (for the due appropriation of the rents and produce of lands granted for the support of Mosques, Hindu
Temples and Colleges or other public purposes; for the maintenance and repair of Bridges, Choultries, or
Chattrams, and other public buildings; and for the custody and disposal of Escheats), so far as those duties
embrace the superintendence of lands granted for the support of Mosques or Hindu Temples and for other
religious uses; the appropriation of endowments made for the maintenance of such religious establishments;
the repair and preservation of buildings connected therewith, and the appointment of trustees or managers
thereof; or involve any connexion with the management of such religious establishments; [2]*** It is enacted as
follows:—
**1. [Repeal of parts of Bengal Regulation** 19 of 1810 and Madras Regulation 7 of 1817].—[Rep. by the
_Repealing Act, 1870 (14 of 1870), s. 1 and the Schedule._
**2. Interpretation-clause.—In this Act,—**
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
The Act has been extended to Kanara by the Religious Endowments (Extension to Kanara) Act, 1865 (Bom. Act 7 of 1865),
which was specially passed for that purpose.
It has been declared, by notification under s. 3(a) of the Scheduled Districts Act, 1874 (Act 14 of 1874), to be in force in the
following Scheduled Districts, namely:—
The Districts of Hazaribagh, Lohardaga (now the Ranchi
District, see Cal
cutta Gazette, 1899, Pt. I, p. 44), and
Manbhum and Pargana Dhalbhum and the Kolhan in the
District of Singhbhum . . . . _See Gazette of India,_ 1881, Pt. I, p. 504.
The Scheduled portion of the Mirzapur District Ditto 1879, Pt. I, p. 383.
Jaunsar Bawar . . . . . Ditto 1879, Pt. I, p. 382.
The Scheduled Districts in Ganjam and Vizagapatam . Ditto 1898, Pt. I, p. 870.
Assam (except the North Lushai Hills). Ditto 1897, Pt. I, p. 299.
It has been extended, by notifications 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.
The Tarai of the Province of Agra . . Ditto 1876, Pt. I, p. 505.
Ajmer and Merwara . . . Ditto 1877, Pt. I, p. 605.
The Act has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First
Schedule (w.e.f. 1-7-1965).
Section 22 applies to the whole of India except Part B States.
It has been repealed in Madras as to Hindu religious endowments by the Madras Hindu Religious Endowment
Act, 1926 (Mad. Act 2 of 1927), and in Orissa by the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act 4 of 1939)
and has been amended in Bengal by the Bengal Wakf Act, 1934 (Ben. Act 13 of 1934).
The Act shall not apply to any religious trust in the State of Bihar (Bihar Act 1 of 1951).
The Act shall not apply to any wakf to which the Wakf Act, 1954 (Act 29 of 1954) applies vide Act 34 of 1964.
The Act ceased to be in force in the State of Madras by Madras Act 22 of 1959.
2. The words and figures “and whereas it is expedient for that purpose to repeal so much of Regulation 19, 1810 of the Bengal Code,
and Regulation 7, 1817, of the Madras Code, as relate to endowments for the support of mosques, Hindu temples or other
religious purposes”, rep. by Act 16 of 1874, s. 1 and the Schedule (w.e.f. 16-12-1874).
-----
1* - - -
**“Civil Court” and “Court”.—The words “Civil Court” and “Court” shall [2][save as provided in section**
10] mean the principal Court of original civil jurisdiction in the district in which [1][or any other Court
empowered in that behalf by the State Government within the local limits of the jurisdiction of which] the
mosque, temple or religious establishment is situate, relating to which, or to the endowment whereof, any suit
shall be instituted or application made under the provisions of this Act.
**3. Government to make special provision respecting mosques, etc.—In the case of every mosque,**
temple or other religious establishment to which the provisions of either of the Regulations specified
in [3][the preamble to this Act] are applicable, and nomination of the trustee, manager or superintendent
thereof, at the time of the passing of this Act, is vested in, or may be exercised by, the Government, or any
public officer, or in which the nomination of such trustee, manager or superintendent shall be subject to the
confirmation of the Government or any public officer, the State Government shall, as soon as possible after
the passing of this Act, make special provision as hereinafter provided.
**4. Transfer to trustees, etc., of trust-property in charge of Revenue Board.—In the case of every**
such mosque, temple or other religious establishment which, at the time of the passing of this Act, shall be
under the management of any trustee, manager or superintendent, whose nomination shall not vest in, nor be
exercised by, nor be subject to the confirmation of, the Government, or any public officer, the State Government shall, as soon as possible after the passing of this Act, transfer to such trustee, manager or
superintendent, all the landed or other property which, at the time of the passing of this Act, shall be under
the superintendence or in the possession of the Board of Revenue, or any local agent, and belonging to such
mosque, temple of other religious establishment, except such property as is hereinafter provided;
**Cessation of Board’s powers as to such property.—and the powers and responsibilities of the Board of**
Revenue, and the local agents, in respect to such mosque, temple or other religious establishment, and to all
land and other property so transferred, except as regards acts done and liabilities incurred by the said Board
of Revenue or any local agent, previous to such transfer, shall cease and determine.
45. Procedure in case of dispute as to right of succession to vacated trusteeship.—Whenever from
any cause a vacancy shall occur in the office of any trustee, manager, or superintendent, to whom any
property shall have been transferred under the last preceding section, and any dispute shall arise respecting
the right of succession to such office, it shall be lawful for any person interested in the mosque, temple or religious establishment, to which such property shall belong, or in the performance of the worship or of the
service thereof, or the trusts relating thereto, to apply to the Civil Court to appoint a manager of such mosque,
temple or other religious establishment, and thereupon such Court may appoint such manager, to act until
some other person shall by suit have established his right of succession to such office.
**Powers of managers appointed by Court.—The manager so appointed by the Civil Court shall have,**
and shall exercise, all the powers which, under this or any other Act, the former trustee, manager, or
superintendent, in whose place such manager is appointed, by the Court, had or could exercise, in relation to
such mosque, temple or religious establishment, or the property belonging thereto.
**6. Rights, etc., of trustees to whom property is transferred under section 4.—The rights, powers, and**
responsibilities of every trustee, manager or superintendent, to whom the land and other property of any
mosque, temple or other religious establishment is transferred in the manner prescribed in section 4 of this
Act, as well as the conditions of their appointment, election and removal, shall be the same as if this Act had
not been passed, except in respect of the liability to be sued under this Act, and except in respect of the
authority of the Board of Revenue, and local agents, given by the Regulations hereby repealed, over such
1. The clauses relating to “number” and “gender” rep. by Act 10 of 1914, s. 3 and the Second Schedule (w.e.f. 17-3-1914).
2. Ins. by Act 21 of 1925, s. 2 (w.e.f. 11-9-1925).
3. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, for “section 1” (w.e.f. 21-3-1891).
4. Section 5 shall not apply to any wakf to which the Wakf Act, 1954 (29 of 1954) applies (w.e.f. 1-10-1962).
-----
mosque, temple or religious establishment, and over such trustee, manager, or superintendent, which
authority is hereby determined and repealed.
All the powers which might be exercised by any Board or local agent, for the recovery of the rent of land
or other property transferred under the said section 4 of this Act, may, from the date of such transfer, be
exercised by any trustee, manager or superintendent to whom such transfer is made.
**7. Appointment of committees.—In all cases described in section 3 of this Act the State Government**
shall once for all appoint one or more committees in every division or district to take the place, and to
exercise the powers, of the Board of Revenue and the local agents under the Regulations hereby repealed.
**Constitution and duties of committees.—Such committee shall consist of three or more persons, and**
shall perform all the duties imposed on such Board and local agents, except in respect of any property which
is specially provided for under section 21 of this Act.
**8. Qualifications of member of committee.—The members of the said committee shall be appointed**
from among persons professing the religion for the purposes of which the mosque, temple or other religious
establishment was founded or is now maintained, and in accordance, so far as can be ascertained, with the
general wishes of those who are interested in the maintenance of such mosque, temple or other religious
establishment.
The appointment of the committee shall be notified in the Official Gazette.
**Ascertaining wishes of persons interested.—In order to ascertain the general wishes of such persons in**
respect of such appointment, the State Government may cause an election to be held, under such rules [1][, by
notification in the Official Gazette,] (not inconsistent with the provisions of this Act) as shall be framed by
such State Government.
1[Every rule framed under this section shall be laid, as soon as it is framed, before the State Legislature.]
**9. Tenure of office.—Every member of a committee appointed as above shall hold his office for life,**
unless removed for misconduct or unfitness;
**Removal.—and no such member shall be removed except by an order of the Civil Court as hereinafter**
provided.
**10. Vacancies to be filled.—Whenever any vacancy shall occur among the members of a committee**
appointed as above, a new member shall be elected to fill the vacancy by the persons interested as above
provided.
**Procedure.—The remaining members of the committee shall, as soon as possible, give public notice of**
such vacancy, and shall fix a day, which shall not be later than three months from the date of such vacancy,
for an election of a new member by the persons interested as above provided, under rules for elections which
shall be framed by the State Government;
and whoever shall be then elected, under the said rules, shall be a member of the committee to fill such
vacancy.
**When Court may fill vacancy.—If any vacancy as aforesaid shall not be filled up by such election as**
aforesaid within three months after it has occurred, the Civil Court, on the application of any person
whatever, may appoint a person to fill the vacancy or may order that the vacancy be forthwith filled up by the
remaining members of the committee, with which order it shall then be the duty of such remaining members
1. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
-----
to comply; and if this order be not complied with, the Civil Court may appoint a member to fill the said
vacancy.
1[Explanation.—In this section “Civil Court” means the principal Court of original civil jurisdiction in
the district in which the mosques, temples or religious establishments for which the committee has been
appointed or any of them are situate.]
**11. No member of Committee to be also trustee, etc., of mosque, etc.—No member of a committee**
appointed under this Act shall be capable of being, or shall act, also as a trustee, manager or superintendent of
the mosque, temple or other religious establishment for the management of which such committee shall have
been appointed.
**12. On appointment of Committee, Board and local agents to transfer property.—Immediately on**
the appointment of a committee as above provided for the superintendence of any such mosque, temple or
religious establishment, and for the management of its affairs, the Board of Revenue, or the local agents
acting under the authority of the said Board, shall transfer to such committee all landed or other property
which at the time of appointment shall be under the superintendence, or in the possession of the said Board or
local agents, and belonging to the said religious establishment, except as is hereinafter provided for,
**Termination of powers and responsibilities of Board and agents.—and thereupon the powers and**
responsibilities of the Board and the local agents, in respect to such mosque, temple or religious
establishment, and to all land and other property so transferred except as above, and except as regards acts
done and liabilities incurred by the said Board or agents previous to such transfer, shall cease and determine.
**Commencement of powers of committee.—All the powers which might be exercised by any Board or**
local agent for the recovery of the rent of land or other property transferred under this section may from the
date of such transfer be exercised by such committee to whom such transfer is made.
**13. Duty of trustee, etc., as to accounts.—It shall be the duty of every trustee, manager and**
superintendent of a mosque, temple or religious establishment of which the provisions of this Act shall apply
to keep regular accounts of his receipts and disbursements in respect of the endowments and expenses of such
mosque, temple or other religious establishment;
**and of committee.—and it shall be the duty of every committee of management, appointed or acting**
under the authority of this Act, to require from every trustee, manager and superintendent of such mosque,
temple or other religious establishment, the production of such regular accounts of such receipts and
disbursements at least once in every year; and every such committee of management shall themselves keep
such accounts thereof.
**14. Persons interested may singly sue in case of breach of trust, etc.—Any person or persons**
interested in any mosque, temple or religious establishment, or in the performance of the worship or of the
service thereof, or the trusts relating thereto, may, without joining as plaintiff any of the other persons
interested therein, sue before the Civil Court the trustee, manager or superintendent of such mosque, temple
or religious establishment or the member of any committee appointed under this Act, for any misfeasance,
breach of trust or neglect of duty, committed by such trustee, manager, superintendent or member of such
committee, in respect of the trusts vested in, or confided to, them respectively;
**Powers of Civil Court.—and the Civil Court may direct the specific performance of any act by such**
trustee, manager, superintendent or member of a committee,
and may decree damages and costs against such trustee, manager, superintendent or member of a
committee,
and may also direct the removal of such trustee, manager, superintendent or member of a committee.
1. Added by Act 21 of 1925, s. 3 (w.e.f. 11-9-1925).
-----
**15. Nature of interest entitling person to sue.—The interest required in order to entitle a person to sue**
under the last preceding section need not be a pecuniary, or a direct or immediate, interest or such an interest
as would entitle the person suing to take any part in the management or superintendence of the trusts.
Any person having a right of attendance, or having been in the habit of attending, at the performance of
the worship or service of any mosque, temple or religious establishment, or of partaking in the benefit of any
distribution of alms, shall be deemed to be a person interested within the meaning of the last preceding
section.
**16. Reference to arbitrators.—In any suit or proceeding instituted under this Act it shall be lawful for**
the Court before which such suit or proceeding is pending to order any matter in difference in such suit to be
referred for decision to one or more arbitrators.
**Act 10 of 1940 applied.—Whenever any such order shall be made, the provisions of [1][Chapter IV of the**
Arbitration Act, 1940 (10 of 1940)] shall in all respects apply to such order and arbitration, in the same
manner as if such order had been made on the application of the parties under [2][section 21 of the said Act].
**17. Reference under Act 10 of 1940.—Nothing in the last preceding section shall prevent the parties**
from applying to the Court, or the Court from making the order of reference, under the said [3][section 21 of the
Arbitration Act, 1940].
**18. Application for leave to institute suits.—No suit shall be entertained under this Act without a**
preliminary application being first made to the Court for leave to institute such suit [4]***.
The Court, on the perusal of the application, shall determine whether there are sufficient _prima facie_
grounds for the institution of a suit, and, if in the judgment of the Court there are such grounds, leave shall be
given for its institution.
**Costs.—[5]*** If the Court shall be of opinion that the suit has been for the benefit of the trust, and that no**
party to the suit is in fault, the Court may order the costs or such portion as it may consider just to be paid out
of the estate.
**19. Court may require accounts of trust to be filed.—Before giving leave for institution of a suit, or,**
after leave has been given, before any proceeding is taken, or at any time when the suit is pending, the Court
may order the trustee, manager or superintendent, or any member of a committee, as the case may be, to file
in Court the accounts of the trust, or such part thereof as to the Court may seem necessary.
**20. Proceedings for criminal breach of trust.—No suit or proceeding before any Civil Court under the**
preceding sections shall in any way affect or interfere with any proceeding in a Criminal Court for criminal
breach of trust.
**21. Cases in which endowments are partly for religious and partly for secular purposes.—In any**
case in which any land or other property has been granted for the support of an establishment partly of a
religious and partly of a secular character,
or in which the endowment made for the support of an establishment is appropriated partly to religious
and partly to secular uses,
1. Subs. by Act 10 of 1940, s. 49 and the Fourth Schedule, for “Chapter VI of the Code of Civil Procedure” (w.e.f. 1-7-1940).
2. Subs. by s. 49 and the Fourth Schedule, ibid., for “section 312 of the said Code” (w.e.f. 1-7-1940).
3. Subs. by s. 49 and the Fourth Schedule, ibid., for “section 312 of the said Code of Civil Procedure” (w.e.f. 1-7-1940).
4. The words “The application may be made upon unstamped paper.” rep. by Act 7 of 1870, s. 2 and the Third Schedule
(w.e.f. 1-4-1870).
5. The words “In calculating the costs at the termination of the suit, the stamp duty on the preliminary application shall be estimated,
and shall be added to the costs of the suit.”, rep. by s. 2 and the Third Schedule, ibid.
-----
the Board of Revenue, before transferring to any trustee, manager or superintendent, or to any committee
of management appointed under this Act, shall determine what portion, if any, of the said land or other
property shall remain under the superintendence of the said Board for application to secular uses,
and what portion shall be transferred to the superintendence of the trustee, manager or superintendent, or
of the committee,
and also what annual amount, if any, shall be charged on the land or other property which may be so
transferred to the superintendence of the said trustee, manager or superintendent, or of the committee, and
made payable to the said Board or to the local agents, for secular uses as aforesaid.
In every such case the provisions of this Act shall take effect only in respect to such land and other
property as may be so transferred.
**22. Government not to hold charge henceforth of property for support of any mosque, temple,**
**etc.—Except as provided in this Act, it shall not be lawful** [1]*** for [2][the Central Government or any State
Government], or for any officer of any Government in his official character,
to undertake or resume the superintendence of any land or other property granted for the support of, or
otherwise belonging to, any mosque, temple or other religious establishment, or
to take any part in the management or, appropriation of any endowment made for the maintenance of any
such mosque, temple or other establishment, or
to nominate or appoint any trustee, manager or superintendent thereof, or to be in any way concerned
therewith[3].
**23. Effect of Act in respect of Regulations therein mentioned, and of buildings of antiquity, etc.—**
Nothing in this Act shall be held to affect the provisions the [4]Regulations mentioned in this Act, except in so
far as they relate to mosques, Hindu temples and other religious establishments; or to prevent the Government
from taking such steps as it may deem necessary, under the provisions of the said Regulations, to prevent
injury to and preserve buildings[5] remarkable for their antiquity, or for their historical or architectural value, or
required for the convenience of the public.[6]
**24. [“India”].—Rep. by the A.O. 1948.**
____________
1. The words “after the passing of this Act” rep. by Act 16 of 1874, s. 1 and the Schedule (w.e.f. 16-12-1874).
2. Subs. by the A.O. 1948, for “any Govt. in India”.
3. A proviso to s. 22 has been added to apply only to Bengal by the Bengal Waqf Act, 1934 (Ben. Act 13 of 1934).
4. Namely the Bengal Charitable Endowments, Public Buildings and Escheats Regulation, 1810 (Ben. Reg. 19 of 1810), and Madras
Endowments and Escheats Regulation, 1817 (Mad. Reg. 7 of 1817).
5. See now also the Ancient Monuments Preservation Act, 1904 (7 of 1904) (w.e.f. 18-3-1904).
6. A new section 23A has been added to apply only to Bengal by the Bengal Waqf Act, 1934 (Ben. Act 13 of 1934).
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|
24-Mar-1864 | 15 | The Indian Tolls Act, 1864 | https://www.indiacode.nic.in/bitstream/123456789/2267/1/a1864-15.pdf | central | # THE INDIAN TOLLS ACT, 1864
## _________
# ARRANGEMENT OF SECTIONS
## ________
Preamble.
SECTIONS
1. [Omitted.].
2. Collectors of tolls may compound for tolls leviable under Act 8 of 1851 or this Act.
3. Power to extend Act.
4. [Repealed.].
[SCHEDULE].—[Omitted.].
-----
# THE INDIAN TOLLS ACT, 1864[1]
ACT NO. 15 OF 1864
## [24th March, 1864.]
# An Act to amend Act 8 of 1851 (for enabling Government to levy Tolls on Public Roads and
Bridges).
## Preamble.—WHEREAS by Act 8 of 1851 (for enabling Government to levy Tolls on Public Roads and
Bridges) authority was given for the levy of certain rates of toll [2]***; It is enacted as follows:—
1. [Schedule of Act 8 of 1851 repealed, and another Schedule substituted].—Omitted by the Devolution
Act, 1920 (38 of 1920), s. 2 and the First Schedule (w.e.f. 14-9-1920).
2. Collectors of tolls may compound for tolls leviable under Act 8 of 1851 or this Act.—Any person
entrusted with the management of the collection of tolls[3] under Act 8 of 1851 may in his discretion compound for any period not exceeding one year with any person for a certain sum to be paid by such person for himself or for any vehicle or animal kept by him, in lieu of the rates of toll [4][authorised to be levied under the said Act 8 of 1851].
3. Power to extend Act.—The State Government may extend this [5]Act to any place in which the said
Act 8 of 1851 is in force; and the State Government of any place in which the said Act 8 of 1851 is not in force may extend the said Act 8 of 1851 and this Act to such place.[6]
4. [Interpretation-clause. Local Government].—Rep. by the A.O.1937.
[SCHEDULE].—Omitted by the Devolution Act, 1920 (38 of 1920), s. 2 and the First Schedule
(w.e.f. 14-9-1920).
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 Santhal Parganas by the Santhal Parganas Settlement Regulation, 1872
(3 of 1872), s. 3, in the C. P. and the Sambalpur District by the C. P. Laws Act, 1875 (20 of 1875).
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 the
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.
The Act has been extended to Ajmer-Merwara along with Act 8 of 1851, see Gazette of India, 1889, Pt. II, p. 562; to the
Scheduled Districts in Vizagapatam and Ganjam, _see Fort St. George Gazette, 1899, Pt. I, p.1486, and_ _ibid. 1900, Pt. I, p. 1101,_
respectively; and to the District of Darjeeling, see Calcutta Gazette, 1934, Pt. I. p. 179
The Act has been extended to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and the Schedule.
The Act is to be deemed to be and to have been in force in the Punjab, from the 24th March, 1864, _see_ the Indian Tolls
Act, 1888 (8 of 1888), s. 1 and tolls levied or purporting to have been levied under the Act before the passing of Act 8 of 1888, are
to be deemed to have been lawfully levied—see s. 3, ibid.
The Act has been repealed in Mysore by Mysore Act 29 of 1958.
The Act has been amended in Andhra Pradesh by Andhra Pradesh Act 17 of 1975.
2. Certain words omitted by Act 38 of 1920, s. 2 and the First Schedule (w.e.f. 14-9-1920).
3. The Indian Tolls Act, 1851.
4. Subs. by Act 38 of 1920, s. 2 and the First Schedule, for “specified in the Schedule to the said Act 8 of 1851 or in the Schedule to
this Act”.
5. The Act now regulating tolls in the Presidency of Bombay is the Tolls on Roads and Bridges Act, 1875 (Bom. 3 of 1875). That Act
repealed Act 8 of 1851 in the Bombay Presidency, _see s.1, and declared that Act 15 of 1864 should be deemed to have been_
extended thereto as from the 30th July, 1864, see s. 2.
6. Act 8 of 1851 and this Act have been extended to Oudh (see Gazette of India, 1865, Pt. I, p. 777), the C.P. (see ibid., Pt. I, 1871,
p. 611) and to the District of Lakhimpur (see Assam Gazette, 1935, Pt. II, p. 1025).
As to the authority of the Provincial Government in any part of the Provinces, not specified in s. 2 of Act 8 of 1851, to which that
Act or this Act may be or have been extended see the Indian Tolls Act, 1888 (8 of 1888), s. 2(1).
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|
25-Jan-1867 | 03 | The Public Gambling Act, 1867 | https://www.indiacode.nic.in/bitstream/123456789/2269/1/AAA1867____03.pdf | central | # THE PUBLIC GAMBLING ACT, 1867
__________
ARRANGEMENT OF SECTIONS
__________
CHAPTER I
PRELIMINARY
PREAMBLE
SECTIONS
1. Interpretation-clause.
“Common gaming-house”.
2. Power to extend Act.
3. Penalty for owning or keeping, or having charge of, a gaming-house.
4. Penalty for being found in gaming-house.
5. Power to enter and authorise police to enter and search.
6. Finding cards, etc., in suspected houses, to be evidence that such houses are common gaming
houses.
7. Penalty on persons arrested for giving false names and addresses.
8. On conviction for keeping a gaming-house, instruments of gaming to be destroyed.
9. Proof of playing for stakes unnecessary.
10. Magistrate may require any person apprehended to be sworn and give evidence.
11. Witnesses indemnified.
12. Act not to apply to certain games.
13. Gaming and setting birds and animals to fight in public streets.
Destruction of instruments of gaming found in public streets.
14. Offences, by whom triable.
15. Penalty for subsequent offence.
16. Portion of fine may be paid to informer.
17. Recovery and application of fines.
18. [Repealed.].
1
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1THE PUBLIC GAMBLING ACT, 1867
# ACT NO. 3 OF 1867[2]
[25th January, 1867.]
# An Act to provide for the punishment of public gambling and the keeping of common gaming houses in the [3][United Provinces, East Punjab, Delhi] [4][and the Central Provinces].
**Preamble.—WHEREAS it is expedient to make provision for the punishment of public gambling and**
the keeping of common gaining-houses [5][in the United Provinces, East Punjab, Delhi and the Central
Provinces];
It is hereby enacted as follows: —
**1. Interpretation-clause.—In this Act—**
6* - - -
**“Common gaming-house”.—“Common gaming-house” means any house, walled enclosure,**
room or place in which cards, dice, tables or other instruments of gaming are kept or used for the
profit or gain of the person owning, occupying, using or keeping such house, enclosure, room or
place, whether by way of charge for the use of the instruments of gaming, or of the house,
enclosure, room or place, or otherwise howsoever.
7* - - -
**2. Power to extend Act.—[8][Sections 13 and 17] of this Act shall extend to the whole of the**
9[said States] and it shall be competent to the State Government whenever it may think fit, to
extend, by a notification to be published in three successive numbers of the Official Gazette, all
or any of the remaining sections of this Act to any city, town, suburb, railway-station, house and
place being not more than three miles distant from any part of such station-house within the
10[States], and in such notification to define, for the purposes of this Act, the limits of such city,
town, suburb or station-house, and from time to time to alter the limits so defined.
From the date of any such extension, so much of any rule having the force of law which shall
be in operation in the territories to which such extension shall have been made, as shall be
1. Short title given by the Amending Act, 1897 (5 of 1897), Sch. III.
2. The Act was declared to be in force in the tract of land lying between the railway station at Satna and the eastern
boundary of the Jabbulpore District in the Central Provinces (now Madhya Pradesh) by the Scheduled Districts Act,
1874 (14 of 1874), s. 10 and in Panth Piploda, by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2.
It has been declared by notification under the Scheduled Districts Act, 1874 (14 of 1874), to be in force in—
Coorg.................................................................................................................See Gazette of India, 1878, Pt. 1, p. 373.
The Tarai Parganas....................................................................................................................Ditto 1876, Pt. I, p. 505.
The Act has been amended in Madhya Pradesh by C. P. Acts 3 of 1927, 25 of 1950, by Madhya Pradesh Act 23 of 1958
(when notified) and 47 of 1976, in Himachal Pradesh by Himachal Pradesh Act 30 of 1976. in the Punjab by Punjab
Acts 1 of 1929 and 9 of 1960 and in U.P. by U. P. Acts 1 of 1917, 5 of 1919, 1 of 1925, 10 of 1938 and 34 of 1952.
The Act as extended to Ajmer-Merwara was rep. by Ajmer Act 6 of 1953.
The Act has been extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when not and to Goa,
Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule (w.e.f. 1-2-1965).
3. Subs. by the A.O. 1948, for “North-Western Provinces of the Presidency of Fort William, and in the Punjab, Oudh”.
4. Subs. by Act I of 1903, for “the C. P. and British Burma”.
5. Subs. by the A.O. 1948, for “in the territories, respectively, subject to the Govts. of the Lieutenant-Governor of the North
Western Provinces of the Presidency of Fort William and of the Lieutenant-Governor of the Punjab, and to the
administrations of the Chief Commissioner of Oudh, and of the Chief Commissioner of the Central Provinces”. The last nine
words had been subs. by Act 1 of 1993, for “of the Chief Commissioner of the C. P. and of the Chief Commissioner of British
Burma”.
6. Definitions of “Lieutenant-Governor” and “Chief Commissioner” rep. by the A. O. 1937.
7. The clauses relating to “Number” and “Gender” were rep, by Act 17 of 1914, s. 3 and the Second Schedule.
8. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, for “sections 13, 17 and 18”,
9. Subs. by the A.O. 1950, for “said Provinces”.
10. Subs., ibid., for “Provinces” which had been subs. by the A.O. 1948, for “territories subject to its Govt. or administration”.
2
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inconsistent with or repugnant to any section so extended, shall cease to have effect in such
territories.
**3. Penalty for owning or keeping, or having charge of a gaming-house.—Whoever,** being the
owner or occupier, or having the use, of any house, walled enclosure, room or place situated within the
limits to which this Act applies, opens, keeps or uses the same as a common gaming-house; and
whoever, being the owner or occupier of any such house, walled enclosure, room or place
as aforesaid, knowingly or wilfully permits the same to be opened, occupied, used or kept by
any other person as a common gaming-house; and
whoever has the care or management of, or in any manner assists in conducting, the business of any
house, walled enclosure, room or place as aforesaid, opened, occupied, used or kept for the purpose
aforesaid; and
whoever advances or furnishes money for the purpose of gaining with persons frequenting such
house, walled enclosure, room or place;
shall be liable to a fine not exceeding two-hundred rupees, or to imprisonment of either
description,[1] as defined in the Indian Penal Code (45 of 1860), for any term not exceeding three
months.[2]
**4. Penalty for being found in gaming-house.—Whoever** is found in any such house, walled
enclosure, room or place, playing or gaming with cards, dice, counters, money or other
instruments of gaming, or is found there present for the purpose of gaming, whether playing for
any money, wager, stake or otherwise, shall be liable to a fine not exceeding one hundred rupees,
or to imprisonment of either description,[1] as defined in the Indian Penal Code (45 of 1860), for
any term not exceeding one month, [2]
and any person found in any common gaming-house during any gaming or playing therein shall be
presumed, until the contrary be proved, to have been there for the purpose of gaming.
**5. Powers to enter and authorise police to enter and search.—If** the Magistrate of a
district or other officer invested with the full powers of a Magistrate, or the District
Superintendent of Police, upon credible information, and after such enquiry as he may think
necessary, has reason to believe that any house, walled enclosure, room or place, is used as a
common gaming-house,
he may either himself enter, or by his warrant authorise any officer of police, not below such
rank as the State Government shall appoint in this behalf to enter with such assistance as may be
found necessary, by night or by day, and by force if necessary, any such house, walled enclosure,
room or place;
and may either himself take into custody, or authorise such officer to take into custody, all persons
whom he or such officer finds therein, whether or not then actually gaming;
and may seize or authorise such officer to seize all instruments of gaming, and all moneys and
securities for money, and articles of value, reasonably suspected to have been used or intended to be used
for the purpose of gaming which are found therein;
and may search or authorise such officer to search all parts of the house, walled enclosure,
room or place which lie or such officer shall have so entered when he or such officer has reason
to believe that any instruments of gaming are concealed therein, and also the persons of those
whom he or such officer so takes into custody;
and may seize or authorise such officer to seize and take possession of all instruments of gaming
found upon such search.
1. See s. 53 of the Code.
2. As to enhanced punishment for a second conviction of an offence under s. 3 or s. 4, see s. 15 of this Act.
3
-----
**6. Finding cards, etc., in suspected houses, to be evidence that such houses are common gaming-**
**houses.—When any cards, dice, gaming-tables, cloths, boards or other instruments of gaming are found**
in any house, walled enclosure, room or place entered or searched under the provisions of the last
preceding section, or about the person of any of those who are found therein, it shall be evidence, until the
contrary is made to appear, that such house, walled enclosure, room or place, is used as a common
gaming-house, and that the persons found therein were there present for the purpose of gaming, although
no play was actually seen by the Magistrate or police-officer, or any of his assistants.
**7. Penalty on persons arrested for giving false names and addresses.—If any person found in any**
common gaming-house entered by any Magistrate or officer of police under the provisions of this Act,
upon being arrested, by any such officer or upon being brought before any Magistrate, on being required
by such officer or Magistrate to give his name and address, shall refuse or neglect to give the same, or
shall give any false name or address, he may upon conviction before the same or any other Magistrate be
adjudged to pay any penalty not exceeding five hundred rupees, together with such costs as to such
Magistrate shall appear reasonable, and on the non-payment of such penalty and costs, or in the first
instance, if to such Magistrate it shall seem fit, may be imprisoned for any period not exceeding one
month.
**8. On conviction for keeping a gaming-house, instruments of gaming to be destroyed.—On**
conviction of any person for keeping or using any such common gaming-house, or being present therein
for the purpose of gaming, the convicting Magistrate may order all the instruments of gaming found
therein to be destroyed, and may also order all or any of the securities for money and other articles seized,
not being instruments of gaming, to be sold and converted into money, and the proceeds thereof with all
moneys seized therein to be forfeited or, in his discretion, may order any part thereof to be returned to the
persons appearing to have been severally thereunto entitled.
**9. Proof of playing for stakes unnecessary.—It shall not be necessary, in order to convict any person**
of keeping a common gaming-house, or of being concerned in the management of any common gaminghouse, to prove that any person found playing at any game was playing for any money, wager or stake.
**10. Magistrate may require any person, apprehended to be sworn and give evidence.—It shall be**
lawful for the Magistrate before whom any persons shall be brought, who have been found in any house,
walled enclosure, room or place entered under the provisions of this Act, to require any such persons to
be examined on oath or solemn affirmation, and give evidence touching any unlawful gaming in such
house, walled enclosure, room or place, or touching any act done for the purpose of preventing,
obstructing or delaying the entry into such house, walled enclosure, room or place or any part thereof, of
any Magistrate or officer authorised as aforesaid.
No person so required to be examined as a witness shall be excused from being so examined when
brought before such Magistrate as aforesaid, or from being so examined at any subsequent time by or
before the same or any other Magistrate, or by or before any Court on any proceeding or trial in any ways
relating to such unlawful gaming or any such acts as aforesaid, or from answering any question put to him
touching the matters aforesaid, on the ground that his evidence will tend to criminate himself.
Any such person so required to be examined as a witness, who refuses to make oath or take
affirmation accordingly or to answer any such question as aforesaid, shall be subject to be dealt with in all
respects as any person committing the offence described in section 178 or section 179 (as the case may
be) of the Indian Penal Code (45 of 1860).
**11. Witnesses indemnified.—Any person who shall have been concerned in gaming contrary to this**
Act, and who shall be examined as a witness before a Magistrate on the trial of any person for a breach of
any of the provisions of this Act relating to gaming, and who, upon such examination, shall in the opinion
of the Magistrate make true and faithful discovery, to the best of his knowledge, of all things as to which
he shall be so examined, shall thereupon receive from the said Magistrate a certificate in writing to that
effect, and shall be freed from all prosecutions under this Act for anything done before that time in
respect of such gaming.
**12. Act not to apply to certain games.—Nothing in the foregoing provisions of this Act contained**
shall be held to apply to any game of mere skill wherever played.
4
-----
**13. Gaming and setting birds and animals to fight in public streets.—A police-officer may**
apprehend without warrant—any person found playing for money or other valuable thing with cards, dice,
counters or other instruments of gaming, used in playing any game not being a game of mere skill in any
public street, place or thoroughfare situated within the limits aforesaid, or
any person setting any birds or animals to fight in any public street, place or thoroughfare situated
within the limits aforesaid, or
any person there present aiding and abetting such public fighting of birds and animals.
Such person when apprehended shall be brought without delay before a Magistrate, and
shall be liable to a fine not exceeding fifty rupees, or to imprisonment, either simple or rigorous,
for any term not exceeding one calendar month;
**Destruction of instruments of gaming found in public street.—And such police-officer may seize**
all instruments of gaming found in such public place or on the person of those whom he shall so arrest,
and the Magistrate may on conviction of the offender order such instruments to be forthwith destroyed.
**14. Offences by whom triable.—Offences punishable under this Act shall be triable by any**
Magistrate having jurisdiction in the place where the offence is committed.
But such Magistrate shall be restrained within the limits of his jurisdiction under the [1]Code of
Criminal Procedure, as to the amount of fine or imprisonment he may inflict.
**STATE AMENDMENT**
**Uttar Pradesh**
**Insertion of new section 14-A in Act No. 3 of 1867.— After section 14 of the Public Gambling Act,**
1867, the following section shall be inserted, namely:—
“14-A. Compounding of offences.—An officer specially empowered in this behalf by the State
Government by notification may, subject to any general or special order of the State Government in this
behalf, compound any offence punishable under this Act, either before or after the institution of the
prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the
maximum amount of fine fixed for the offence; and where the offence is so compounded—
(i) before the institution of the prosecution, the offender shall not be liable to prosecution for such
offence and shall, if in custody, be set at liberty ;
(ii) before the institution of the prosecution, the composition shall amount to acquittal of the offender.”
Provided that nothing contained in this section shall authorize the composition of any subsequent
offence committed by an offender who has once been convicted for any offence punishable under this
Act.
[Vide Uttar Pradesh Act 35 of 1979, s. 6]
**Abatement of certain trials.—Notwithstanding anything contained in any other law for the time**
being in force, —
(1) the trial of an accused for —
(a) an offence punishable under —
“(i) the Motor Vehicles Act, 1988; or”
(ii) the Public Gambling Act, 1867, not being an offence punishable under section 3 of that Act
or an offence in respect of wagering punishable under section 13 of that Act; or
(iii) section 34 of the Police Act, 1861; or
(iv) section 160 of the Indian Penal Code, 1860; or
(b) any other offence punishable with fine only, or
(2) a procedure, under section 107 or section 109 of the Code of Criminal Procedure, 1973, pending
before a Magistrate on the date of commencement of this Act from before “December 31, 2015” shall
abate.
[Vide the Uttar Pradesh Act 35 of 1979, s. 9, and amended by Uttar Pradesh Act 29 of 2016 and 9 of
2018].
5
-----
**15. Penalty for subsequent offence.— Whoever, having been convicted of an offence punishable**
under section 3 or section 4 of this Act, shall again be guilty of any offence punishable under either of
such sections, shall be subject for every such subsequent offence to double the amount of punishment to
which he would have been liable for the first commission of an offence of the same description:
Provided that he shall not be liable in any case to a fine exceeding six hundred rupees, or to
imprisonment for a term exceeding one year.
**16. Portion of fine may be paid to informer.—The Magistrate trying the case may direct any**
portion of any fine which shall be levied under sections 3 and 4 of this Act, or any part of the moneys or
proceeds of articles seized and ordered to be forfeited under this Act, to be paid to an informer.
**17. Recovery and application of fines.—All fines imposed under this Act may be recovered in the**
manner prescribed by section 61 of the [1]Code of Criminal Procedure [2]***.
**18. [Offences under this Act to be “offences” within the meaning of Penal Code.]** _Rep. by the_
_Repealing Act, 1874 (16 of 1874), s. 1 and the Schedule,_ _Pt. I._
_______
1. See now the Code of Criminal Procedure, 1973 (2 of 1974).
2. The words and brackets “and such fines shall (subject to the provisions contained in the last preceding section) be applied as
the Lieutenant-Governor or Chief Commissioner, as the case may be, shall from time to time direct” rep. by the A. O. 1937.
6
-----
|
15-Mar-1867 | 22 | The Sarais' Act, 1867 | https://www.indiacode.nic.in/bitstream/123456789/19045/1/a1867-22.pdf | central | # THE SARÁÍS ACT, 1867
__________
ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. [Repealed.]
2. Interpretation clause.
“Sarai.”
“Keeper of a Sarai.”
“Magistrate of the Districts”
3. Notice of this Act to be given to keepers of Saráís.
4. Registers of Saráís to be kept.
5. Lodgers, &c., not to be received in Saráís until registered.
6. Magistrate may refuse to refuse to register keeper not producing certificate of character.
7. Duties of keepers of Saráís.
8. Power to order reports from keepers of Saráís.
9. Power to shut up, secure, clear, and clean deserted Saráí.
10. Taking down or repairing ruinous Saráís.
11. Sale of materials of ruinous Saráís.
12. Penalty for permitting Saráís to be filthy or overgrown.
Proviso.
13. Power for Local Government to make regulations.
14. Penalty for infringing Act or regulations.
15. Conviction for third offence to disqualify persons from keeping Saráís.
16. Nothing in Act to apply to certain Saráís.
17. Extent of Act.
Power to State Government to extend this Act.
18. Short title
SCHEDULE.
-----
# THE SARÁÍS ACT, 1867
ACT NO. XXII OF 1867[1].
___________
# PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
_(Received the assent of the Governor General on the 15[th] March 1867.)_
___________
# An Act for the regulation of public Saráís and Puraos..
**Preamble.—WHEREAS it is expedient to provide for the regulation of public Saráís and Puraos; It is**
hereby enacted as follows :—
**1. [Repeal of Bengal Regulation 14 of 1807, section 11. Clause 5.] Rep. by the Amending Act, 1891**
(12 of 1891)
**2. Interpretation clause.—In this Act, unless there be something repugnant in the subject or**
context,—
**“Saráí.”—"Saráí" means any building used for the shelter and accommodation of travellers, and**
includes, in any case in which only part of a building is used as a Saráí, the part so used of such
building. It also includes a Purao so far as the provisions of this Act are applicable thereto:
“Keeper of a Sarai.”—"Keeper of a Saráí" includes the owner and any person having or acting in
the care or management thereof :
[2][“Magistrate of the District.”—“Magistrate of the District” means the chief officer charged with
the executive administration of a district in criminal matters whatever may be his designation :]
3[* * * *]
**3. Notice of this Act to be given to keepers of Saráí.—Within six months after this Act shall come**
into operation, the Magistrate of the District in which any Saráí to which this Act shall apply may be
situate shall, and from time to time thereafter such Magistrate may, give to the keeper of every such Saráí
notice in writing of this Act, by leaving such notice for the keeper at the Saráí; and shall by such notice
1. As to extent, see note to s. 17, infra.
The Act has been declared, by notification under s. 3(a) of the Schedule 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 the Kolhan in the District of Singbhum. See Gazette of India, 1881, Pt. I, p. 504.
The Tarai of the Province of Agra. See Gazette of India, 1876, Pt. I, p. 505.
It has also been extended to the districts of Ganjam and Koraput and to certain partially excluded areas in the Province of
Orissa. See Orissa Govt. notifications No. 776-P, dated 23[rd] June, 1941 and No. 188-P, dated 18[th] January, 1939, respectively.
2. This reference should now be read as “District Magistrate”. See para. 2 of s. 3 of the Code of Criminal Procedure, 1898 (5 of
1898).
3. The words “words in the singular include the plural, and vice versa” rep. by Act 10 of 1914, and the definition of “L.G.” rep.
by the A.O. 1937.
-----
require the keeper to register the Saráí as by this Act provided. Such notice may be in the form in the
Schedule to this Act annexed or to the like effect.
4. Registers of saráís to be kept.—The Magistrate of the District shall keep a register in which shall
be entered by such magistrate or such other person as he shall appoint in this behalf, the names and
residences of the keepers of all Saráís within his jurisdiction, and the situation of every such Sarai. No
charge shall be made for making any such entry.
**5. Lodgers, &c., not to be received in Saráís until registered.—After one month after the giving of**
such notice to register as by this Act, provided, the keeper of any Saráí or any other person shall not
receive any lodge or allow any person, cattle, sheep, elephant, camel or other animal, or any vehicle to
halt or be placed in such Saráí until the same and the name and residence of the keeper thereof shall have
been registered as by this Act provided,
**6. Magistrate may refuse to register keeper not producing certificate of character.—The**
Magistrate of the District may, if he shall think fit, refuse to register as the keeper of a Saráí, a person who
does not produce a certificate of character in such form and signed by such persons as the State
Government shall from time to time direct.
**7. Duties of keepers of Saráís.—The keeper of a Saráí shall be bound.—**
(1) When any person in such Saráí is ill of any infectious or contagious disease, or dies of such
disease to give immediate notice thereof to the nearest police-station;
(2) At all times when requires by any Magistrate or any other person duly authorized by the
Magistrate of the District in this behalf, to give him free access to the Saráí and allow him to inspect
the same or any part thereof;
(3) To thoroughly cleanse the rooms and verandahs, and drains of the Saráí, and the wells, tanks, or
other sources from which water is obtained for the persons or animals using it, to the satisfaction of
and so often as shall be required by the Magistrate of the District, or such person as he shall appoint in
this behalf :
(4) To remove all noxious vegetation on or near the Saráí, and all trees and branches of trees
capable of affording to thieves means of entering or leaving the Saráí:
(5) To keep the gates, walls, fences, roofs and drains of the Saráí in repair :
(6) To provide such number of watchmen as may, in the opinion of the Magistrate of the District,
subject to such rules as the State Government may prescribe in this behalf, be necessary for the safety
and protection of persons and animals or vehicles lodging in, halting at or placed in the Saráí lodging
and;
(7) To exhibit a list of charges for the use of the Saráí at such place and in such form and languages
as the Magistrate of the District shall from time to time direct.
**8. Power to order reports from keepers of Saráís.—The keeper of a Saráí shall from time to time, if**
required so to do by an order of the Magistrate of the District served upon him, report, either orally or in
writing as may be directed by the Magistrate, to such Magistrate or to such person as the Magistrate shall
appoint, every person who resorted to such Saráí during the preceding day or night. If written reports are
required for any space of time exceeding a single day or night, schedules shall be furnished by the
-----
Magistrate of the District to the keeper. The keeper shall from time to time fill up the said schedules with
the information so required, and transmit them to the said Magistrate, in such manner and at such
intervals as may from time to time be ordered by him.
**9. power to shut up, secure, clear, and clean deserted Saráís.—If any Saráí by reason of**
abandonment or of disputed ownership shall remain untenanted, and thereby become a resort of idle and
disorderly persons, or become in a filthy or unwholesome state, or be complained of by any two or more
of the neighbours as a nuisance, the Magistrate of the District, after due enquiry, may cause notice in
writing to be given to the owner, or to the person claiming to be the owner, if he be known and resident
within the district, and may also cause such notice to be put on some conspicuous part of the Saráí,
requiring the persons concerned therein, whoever they may be, to secure, enclose, clean or clear the same;
and if such requisition shall not be complied within eight days, the Magistrate of the District may cause
the necessary work to be executed, and all expenses thereby incurred shall be paid by the owner of the
Saráí, and shall be recoverable like penalties under this Act, or, in case of abandonment or disputed
ownership of the Saráí, by the sale of any material found therein.
**10. Taking down or repairing ruinous Saráís.—If a Saráí or any part thereof be deemed by the**
Magistrate of the District to be in a ruinous state, or likely to fall, or in any way dangerous to the persons
or animals lodging in or halting at the Saráí, he shall give notice in writing to the keeper of the Saráí,
requiring him forthwith to take down, repair or secure (as the case may be) the Saráí or such part thereof
as the case may require. If the keeper do not begin to take down, repair or secure the Saráí, or such part as
aforesaid within three days after such notice, and complete such work with due diligence, the Magistrate
shall cause all or so much of the Saráí as he shall think necessary to be taken down, repaired or otherwise
secured. All the expenses so incurred by the Magistrate shall be paid by the keeper of the Saráí, and shall
be recoverable from him as hereinafter mentioned.
**11. Sale of materials of ruinous Saráís.—If any such Saráí or any part thereof be taken down by**
virtue of the powers aforesaid, the Magistrate of the District may sell the materials thereof, or so much of
the same as shall be taken down under the provisions of the last preceding section, and apply the proceeds
of such sale in payment of the expenses incurred, and shall restore the overplus (if any) arising from such
sale to the owner of such Saráí on demand, and may recover the deficiency (if any) as if the amount
thereof were a penalty under this Act.
**12. penalty for permitting saráís to be filthy or overgrown.—Whoever, being the keeper of any**
Sarai, suffers the same to be in a filthy and unwholesome state, or overgrown with vegetation, or after the
expiration of two days from the time of his receiving notice in writing from the Magistrate of the District
to cleanse or clear the same, or after he shall have been convicted of suffering the same to be in such state
or so overgrown as aforesaid, shall allow the same to continue in such state, or so overgrown, shall be
liable to the penalties provided in section 14 of this Act:
**Proviso.—Provided that the Magistrate of the District may, in lieu of enforcing such daily penalty,**
enter on and cleanse or clear the said Saráí, and the expense incurred by the Magistrate in respect thereof
shall be paid to him by the keeper, and shall be recoverable as by this Act provided in the case of
penalties
**13. Power for State Government to make regulations.—The State Government may from time to**
time make regulations for the better attainment of the objects of this Act, provided that such rules be not
inconsistent with this Act or with any other law for the time being in force, and may from time to time
-----
repeal, alter and add to the same. All regulations made under this Act, and all repeals thereof and
alterations and additions thereto, shall be published in the official Gazette.
**14. Penalty for infringing Act or regulations.—If the keeper of a Saráí offend against any of the**
provisions of this Act or any of the regulations made in pursuance of this Act, he shall for every such
offence be liable on conviction before any Magistrate to a penalty not exceeding twenty rupees, and to a
further penalty not exceeding one Rupee a day for every day during which the offence continues:
Provided always, that this Act shall not exempt any person from any penalty or other liability to which he
may be subject irrespective of this Act. All penalties imposed under this Act may be recovered in the
same manner as fines may be recovered under [1]Section 61 of the Code of Criminal Procedure.
**15. Conviction for third offence to disqualify persons from keeping Saráís.—Where a keeper of a**
sarai is convicted of a third offence under this Act, he shall not afterwards act as keeper of a Saráí without
the licence in writing of the Magistrate of the District, who may either withhold such licence or grant the
same on such terms and conditions as he may think fit.
**16. Nothing in Act to apply to certain Saráís.—No part of this Act, except section 8, shall apply to**
any Saráí which may be under the direct management of the State Government or of any Municipal
Committee.
**17. Extent of Act.—This Act shall in the first instance extend only to the [2]territories under the**
government of the Lieutenant Governor of the North-West Provinces of the Presidency of Fort William in
Bengal.
**Power to Governor General in Council to extend this Act.—But it shall be lawful for the State**
Government, by notification in the Local Gazette, to [3]extend this Act, mutatis _mutandis, to any other part_
of the [4][the territories under its government], except the towns of Calcutta, Madras and Bombay [5]* * *
**18. Short title.—This Act may be called the saráís Act, 1867.**
___________
1. See now sections 386, 387 and 389 of the code of Criminal Procedure, 1898 (Act 5 of 1898).
2. Now that area form part of the U.P.
3. It has been extended to Oudh, _See_ Notification No. 591, dated 25[th] July, 1883, in North-Western Provinces and Oudh
Gazetted, 1883, Pt. I, p. 433.
It has also been extended to the Punjab. See Notification No. 4499, dated 13[th] December, 1879, in Punjab Government Gazette,
1879, Pt. I, p. 727.
4. Subs. by the A.O. 1948 for “British India” which had been subs. by the A.O. 1937 for “the territories which are or may be
vested in Her Majesty or Her Successors by the Statute 21 & 22 Vict., ch. 106 (an Act for the better Government of India)”.
5. The words “and the Settlement of Prince of Wales’ Island, Singapore and Malacca” rep. by Act 12 of 1891.
-----
SCHEDULE.
# FORM OF NOTICE.
Take notice that on the day of 1867, an Act called “The Saráís’ Act, 1867,” was passed, and that
before the day of 18 you, being the keeper of a Saráís [or Purao] within [here state the district
_over which the jurisdiction of the Magistrate giving the notice extends] must have your Saráís [or Purao]_
registered, and that the register is to be kept at [here state where the register is to be kept], and that if you
do not have your Saráís [or Purao] so registered, you will be liable to a penalty not exceeding twenty
Rupees, and to a further penalty not exceeding one Rupee a day for every day during which the offence
continues, and that on your applying to [here give the name and address of the per
_son to keep the register] he will register your Saráís [or Purao] free of all charge to you._
Dated the day of 18 .
-----
|
12-Jan-1869 | 01 | The Oudh Estates Act, 1869 | https://www.indiacode.nic.in/bitstream/123456789/19149/1/A1869-1.pdf | central | Preamble.
SECTIONS.
1. Short title.
Extent of Act.
THE OUDH ESTATE’S ACT, 1869
___________
ARRANGEMENT OF SECTIONS
___________
I.— Preliminary.
2. Interpretation – clause.
II.— Rights and liabilities of Taluqdárs and Grantees.
3. Taluqdárs to have heritable and transferable rights in their estates.
Subject to certain conditions.
4. Rights and liabilities of persons named in second schedule.
5. Grantees’ rights and liabilities.
6. Saving of certain redemption-suits.
7. Heirlooms.
III.— Lists of Taluqdárs and Grantees.
8. Preparation of lists of Taluqdárs and Grantees.
9. Publication of lists.
Supplementary list.
10. None but persons named in lists to be deemed Taluqdárs or Grantees.
IV.— Powers of Taluqdárs and Grantees to transfer and bequeath.
11. Taluqdárs and Grantees may transfer and bequeath.
12. Rule against perpetuity.
13. Restriction as to donees and legatees.
V.— Transfers and Bequests.
14. Transfers and bequests to Taluqdárs or heirs.
15. Transfers and bequests to persons out of line of succession.
16. Transfers to be in writing, signed and attested.
17. Further requisites to validity of gifts inter vivos.
18. Gifts to religious or charitable uses.
VI.— Testamentary Succession.
19. Sections of Succession Act applied to wills of Taluqdárs.
20. Bequests to religious and charitable uses.
VII.— Intestate Succession.
21. ‘Son,’ ‘descendants,’ ‘daughter,’ ‘brother,’ ‘widow,’ defined.
22. Special rules of succession to intestate Taluqdárs and Grantees.
23. General rule of succession to intestate Taluqdárs and Grantees.
-----
SECTIONS.
VIII.—Maintenance.
24. Maintenance of surviving relatives of Taluqdárs and Grantees.
25. Grandparents, parents, and senior widows.
Junior widows.
26. Brothers and minor sons.
Nephews.
27. Unmarried daughters, widows of sons and brothers and inferior widows.
28. Continuance of annuities.
IX.—Miscellaneous.
29. Muhammadan Taluqdárs and Grantees empowered to adopt.
30. Alteration of rules of intestate succession in cases of Taluqdárs and Grantees named in
list 3 or list 5.
31. Reverter to ordinary law of succession.
32. Saving of rights of creditors.
33. Awards as to compensation and maintenance.
Schedules.
First Schedule (Orders of the 10th and 19th October 1859).
Second Schedule (Names of persons referred to in section 4).
-----
### THE OUDH ESTATES ACT, 1869.
ACT NO. 1 OF 1869.
_________
### PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
(Received the assent of the Governor General on the 12th January 1869).
__________
### An Act to define the rights of Taluqdárs and others in certain estates in Oudh,
and to regulate the succession thereto.
Preamble.—WHEREAS, after the re-occupation of Oudh by the British Government in the year 1858,
the proprietary right in divers estates in that province was, under certain conditions, conferred by the
British Government upon certain Taluqdárs and others; and whereas doubts may arise as to the nature of
the rights of the said Taluqdárs and others in such estates, and as to the course of succession thereto; and
whereas it is expedient to prevent such doubts, and to regulate such course, and to provide for such other
matters connected therewith as are hereinafter mentioned; It is hereby enacted as follows:—
I.— Preliminary.
**1. Short title, Extent of Act.—This Act may be cited as “The Oudh Estates’ Act, 1869,” and shall**
extent only to the estates hereinafter referred to.
**2. Interpretation–clause.—In this Act, unless there be something repugnant in the subject or**
context—
“Transfer.”—“Transfer” means an alienation inter vivos;
“Will”.—“Will” means the legal declaration of the intentions of the testator with respect to his
property affected by this Act, which he desires to be carried into effect after his death ;
**“Codicil”.—“Codicil” means an instrument made in relation to a Will, and explaining, altering, or**
adding to its dispositions: It is considered as forming an additional part of the Will;
**“Signed.”—“Signed” applies to the affixing of a mark ;**
**“Registered.”—“Registered” means registered according to the** provisions of the rules relating to the
registration of assurances for the time being in force in Oudh ;
**“Minor.” “Minority.”—“Minor”** means any person who shall not have completed the age of
eighteen
years, and “minority” means the status of such person ;
“Taluqdár.”—“Taluqdár” means any person whose name is entered in the first of the lists mentioned
in section eight ;
“Grantee.”—“Grantee” means any person upon whom the proprietary right in an estate has been
conferred by a special grant of the British Government, and whose name is entered in the fifth or sixth of
the lists mentioned in section eight ;
-----
“Estate.”—“Estate” means the taluqa or immoveable property acquired or held by a Taluqdár or
Grantee in the manner mentioned in section three, section four, or section five, or the immoveable
property conferred by a special grant of the British Government upon a Grantee ;
“Heir.” “Legatee.”—“Heir” means a person who inherits property otherwise than as a widow, under
the special provisions of this Act ; and “legatee” means a person to whom property is bequeathed under
the same provisions ;
**Words expressing relationship.—Words expressing relationship denote only legitimate relatives, but**
apply to children in the womb who are afterwards born alive.
II.—Rights and liabilities of Taluqdárs and Grantees.
**3. Taluqdárs to have heritable and transferable rights in their estates.—Every Taluqdár with**
whom a summary settlement of the Government revenue was made between the first day of April 1858
and the tenth day of October 1859, or to whom, before the passing of this Act and subsequently to the
first day of April 1858, a Taluqdári sanad has been granted,
shall be deemed to have thereby acquired a permanent, heritable and transferable right in the estate
comprising the villages and lands named in the list attached to the agreement or kabuliyat executed by
such Taluqdár when such settlement was made,
or which may have been or may be decreed to him by the Court of an officer engaged in making the
first regular settlement of the provinces of Oudh, such decree not having been appealed from within the
time limited for appealing against it, or, if appealed from, having been affirmed,
**Subject to certain conditions.—subject to all the conditions affecting the Taluqdár contained in the**
orders passed by the Governor General of India on the tenth and nineteenth days of October 1859 and
re-published in the first schedule hereto annexed, and subject also to all the conditions contained in the
sanad under which the estate is held.
**4. Rights and liabilities of persons named in second schedule.—Every person whose lands the**
proclamation issued in Oudh in the month of March 1858 by order of the Governor General of India
specially exempted from confiscation, and whose names are contained in the second schedule hereto
annexed, shall be deemed to possess in the lands for which such person executed a kabuliyat between the
first day of April 1858 and the first day of April 1860 the same right and title which he would have
possessed thereto if he had acquired the same in the manner mentioned in section three; and he shall be
deemed to hold the same subject to all the conditions affecting Taluqdárs which are referred to in the said
section, and to be a Taluqdár for all the purposes of this Act.
**5. Grantees’ rights and liabilities.—Every Grantee shall possess the same rights and be subject to the**
same conditions in respect of the estate comprised in his grant as a Taluqdár possesses and is subject to,
under section three, in respect of his estate.
**6. Saving of certain redemption–suits.—Nothing in sections three, four and five, or in the said**
orders, or in any sanad, shall be deemed to bar a suit for redemption,
(a) where the instrument of mortgage was executed on or after the thirteenth day of February
1844 and fixed no term within which the property comprised therein might be redeemed, or
(b) where the instrument of mortgage fixed a term within which the property comprised therein
might be redeemed, and such term did not expire before the thirteenth day of February 1856.
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**7. Heirlooms.—If a Taluqdár or Grantee, or any heir or legatee of a Taluqdár or Grantee, desire that**
any elephants, jewels, arms or other articles of moveable property belonging to him shall devolve along
with his estate, he shall take an inventory of such articles. Such inventory shall be signed by him and
deposited in the office of the Deputy Commissioner of the District wherein such estate or the greater part
thereof is situate; and thereupon such of the said articles as shall not have been transferred shall (so far as
may be possible) be used and enjoyed by the person who, under or by virtue of this Act, is for the time
being in actual possession or in receipt of the rents and profits of the said estate or the greater part
thereof, otherwise than as mortgagee or lessee.
III.—Lists of Taluqdárs and Grantees.
**8. Preparation of lists of Taluqdárs and Grantees.—Within six months after the passing of this**
Act, the Chief Commissioner of Oudh, subject to such instructions as he may receive from the Governor
General of India in Council, shall cause to be prepared six lists, namely :—
_First.—A list of all persons who are to be considered Taluqdárs within the meaning of this Act ;_
_Second.—A list of the Taluqdárs whose estates, according to the custom of the family on and before_
the thirteenth day of February 1856, ordinarily devolved upon a single heir ;
_Third.—A list of the Taluqdárs, not included in the second of such lists, to whom sanads or grants_
have been or may be given or made by the British Government up to the date fixed for the closing of such
lists, declaring that the succession to the estates comprised in such sanads or grants shall thereafter be
regulated by the rule of primogeniture;
_Fourth.—A list of the Taluqdárs to whom the provisions of section twenty-three are applicable ;_
_Fifth.—A list of the Grantees to whom sanads or grants have been or may be given or made by the_
British Government, up to the date fixed for the closing of such list, declaring that the succession to the
estates comprised in such sanads or grants shall thereafter be regulated by the rule of primogeniture ;
_Sixth.—A list of the Grantees to whom the provisions of section twenty-three are applicable._
**9. Publication of lists.—When the lists mentioned in section eight shall have been approved by the**
Chief Commissioner of Oudh, they shall be published in the Gazette of India. After such publication, the
first and second of the said lists shall not, except in the manner provided by section thirty or section
thirty-one, as the case may be, be liable to any alteration in respect of any names entered therein.
**Supplementary list.—If, at any time after the publication of the said lists, it appears to the Governor**
General of India in Council that the name of any person has been wrongly omitted from or wrongly
entered in any of the said lists, the said Governor General in Council may order the name to be inserted in
the proper list, and such name shall be published in the Gazette of India in a supplementary list, and such
person shall be treated in all respects as if his name had been from the first inserted in the proper list.
**10. None but persons named in lists to be deemed Taluqdárs or Grantees.— No persons shall be**
considered Taluqdárs or Grantees within the meaning of this Act, other than the persons named in such
original or supplementary lists as aforesaid. The Courts shall take judicial notice of the said lists and shall
regard them as conclusive evidence that the persons named therein are such Taluqdárs or Grantees.
-----
IV.—Powers of Taluqdárs and Grantees to transfer and bequeath.
**11. Taluqdárs and Grantees may transfer and bequeath.—Subject to the Provisions of this Act,**
and to all the conditions under which the estate was conferred by the British Government, every Taluqdár
and Grantee, and every heir and legatee of a Taluqdár and Grantee, of sound mind and not a minor, shall
be competent to transfer the whole or any portion of his estate, or of his right and interest therein, during
his life-time, by sale, exchange, mortgage, lease or gift, and to bequeath by his will to any person the
whole or any portion of such estate, right and interest.
A married woman may make a bequest under this Act of any property which she could alienate by her
own act during her life.
Persons who are deaf or dumb or blind are not thereby incapacitated for making a transfer or bequest
under this Act, if they are able to know what they do by it.
One who is ordinarily insane may make a transfer or bequest under this Act during an interval in
which he is of sound mind.
No person can make a transfer or bequest under this Act while he is in such a state of mind, whether
from drunkenness, or from illness, or from any other cause, that he does not know what he is doing.
A transfer and a will, or any part of a will, the making of which has been caused by fraud or coercion
or by such importunity as takes away the free agency of the transferor or testator, is void.
### 12. Rule against perpetuity.—No transfer or bequest under this Act shall be valid whereby
the vesting of the thing transferred or bequeathed may be delayed beyond the life-time of one or more persons living at the decease of the transferee or testator and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the thing transferred or bequeathed is to belong.
13. Restriction as to donees and legatees.—No Taluqdár or Grantee, and no heir or legatee of a
Taluqdár or Grantee, shall have power to give or bequeath his estate, or any portion thereof, or any
interest therein, to any person not being either.—
(1.)—a person who, under the provisions of this Act, or under the ordinary law to which person of
the donor's or testator's tribe and religion are subject, would have succeeded to such estate or to a
portion thereof, or to an interest therein, if such Taluqdár or Grantee, heir or legatee, had died
intestate, or
(2.)—a younger son of the Taluqdár or Grantee, heir or legatee, in case the name of such Taluqdár
or Grantee appears in the third or the fifth of the lists mentioned in section eight,
except by an instrument of gift or a will executed and attested, not less than three months before the
death of the donor or testator, in manner herein provided in the case of a gift or will, as the case may
be, and registered within one month from the date of its execution.
V.—Transfers and Bequests.
**14. Transfers and bequest to Taluqdárs or heirs.—If any Taluqdár or Grantee shall heretofore**
### have transferred or bequeathed, or if any Taluqdár or Grantee, or his heir or legatee, shall hereafter transfer or bequeath, the whole or any portion of his estate to another Taluqdár or Grantee, or to such younger son as is referred to in section thirteen, clause two, or to a person who would have succeeded according to the provisions of this Act to the estate or to a portion thereof if the transferor or testator had died without having made the transfer and intestate, the transferee or legatee and his heirs and legatees shall have the same rights and powers in regard to the property to which he or they may have become entitled under or by virtue of such transfer or bequest, and shall hold the same subject to the same conditions and to the same rules of succession as the transferor or testator.
**15. Transfers and bequests to persons out of line of succession.—If any Taluqdár or Grantee**
### shall heretofore have transferred or bequeathed, or if any Taluqdár or Grantee or his heir or
-----
### legatee shall hereafter transfer or bequeath to any person not being a Taluqdár or Grantee the whole or any portion of his estate, and such person would not have succeeded according to the provisions of this Act to the estate or to a portion thereof if the transferor or testator had died without having made the transfer and intestate, the transfer of and succession to the property so transferred or bequeathed shall be regulated by the rules which would have governed the transfer of and succession to such property if the transferee or legatee had bought the same from a person not being a Taluqdár or Grantee.
**16. Transfers to be in writing, signed and attested.—No transfer of any estate, or of any portion**
### thereof, or of any interest therein, made by a Taluqdár or Grantee or by his heir or legatee under the provisions of this Act, shall be valid unless made by an instrument in writing signed by the transferor and attested by two or more witnesses.
**17. Further requisites to validity of gifts inter vivos.—If any such transfer be made by gift, the gift**
### shall not be valid unless, within six months after the execution of the instrument of gift, the gift be followed by delivery by the donor, or his representative in interest, of possession of the property comprised therein, nor unless the instrument shall have been registered within one month from the date of its execution.
**18. Gifts to religious or charitable uses.—No Taluqdár or Grantee, and no heir or legatee of a**
### Taluqdár or Grantee, shall have power to give his estate, or any portion thereof or interest therein, to religious or charitable uses, except by an instrument of gift executed not less than three months before his death, and subject to the provisions contained in section seventeen.
VI.—Testamentary Succession.
### 19. Sections of Succession Act applied to wills of Taluqdárs.—Sections 49, 50, 51, 54, 55,
and 57 to 77 (both inclusive), and sections 82, 83, 85, and 88 to 98 (both inclusive) of the Indian Succession Act (No. X of 1865), shall apply to all wills and codicils made by any Taluqdár or Grantee, or by his heir or legatee, under the provisions of this Act, for the purpose of bequeathing to any person his estate, or any portion thereof, or any interest therein: Provided that marriage shall not revoke any such will or codicil : Provided also that nothing herein contained shall affect wills made before the passing of this Act.
In applying the said sections to wills and codicils made under this Act, all words hereinbefore
defined, and occurring in such sections, shall (unless there be something repugnant in the subject or context) be deemed to have the same meaning as this Act has attached to such words respectively.
20. Bequests to religious and charitable uses.—No Taluqdár or Grantee, and no heir or
legatee of a Taluqdár or Grantee, having a Child, parent, brother, unmarried sister, or a nephew, being the naturally born son of a brother of such Taluqdár or Grantee, heir or legatee, shall have power to bequeath his estate or any part thereof or any interest therein exceeding in amount or value the sum of two thousand rupees to religious or charitable uses, except by a will executed not less than three months before his death, and registered within one month from the date of its execution.
VII.—Intestate Succession.
### 21. ‘Son,’ ‘descendants,’ ‘daughter,’ ‘brother,’ ‘widow,’ ‘defined.—In the next following
section, unless where there is something repugnant in the context, the words ‘son,’ ‘descendants,’ ‘daughter’ and ‘brother’ apply only to najib-ul-tarfain, and the word ‘widow’ applies only to a woman belonging to the ahl-i-bradari of her deceased husband.
**22. Special rules of succession to intestate Taluqdárs and Grantees.—If** any Taluqdár or
### Grantee whose name shall be inserted in the second, third, or fifth of the lists mentioned in section eight, or his heir or legatee, shall die intestate as to his estate, such estate shall descend as follows, viz :—
-----
### (l).—To the eldest son of such Taluqdár or Grantee, heir or legatee, and his male lineal
descendants, subject to the same conditions and in the same manner as the estate was held by the deceased;
(2).—Or if such eldest son of such Taluqdár or Grantee, heir or legatee, shall have died in
his life-time, leaving male lineal descendants, then to the eldest and every other son of such eldest son successively, according to their respective seniorities, and their respective male lineal descendants, subject as aforesaid;
(3).—Or if such eldest son of such Taluqdár or Grantee, heir or legatee, shall have died in
his life-time without leaving male lineal descendants, then to the second and every other son of the aid Taluqdár or Grantee, heir or legatee, successively, according to their respective seniorities, and their respective male lineal descendants, subject as aforesaid;
(4).—Or in default of such son or descendants, then to such son (if any) of a daughter of
such Taluqdár or Grantee, heir or legatee, as has been treated by him in all respects as his own son, and to the male lineal descendants of such son, subject as aforesaid;
(5).—Or in default of such son or descendants, then to such person as the said Taluqdár or
Grantee, heir or legatee, shall have adopted by a writing executed and attested in manner required in case of a will and registered, subject as aforesaid;
(6).—Or in default of such adopted son, then to the eldest and every other brother of such
Taluqdár or Grantee, heir or legatee, successively, according to their respective seniorities, and their respective male lineal descendants, subject as aforesaid;
(7).—Or in default of any such brother, then to the widow of the deceased Taluqdár or
Grantee, heir or legatee; or, if there be more widows than one, to the widow first married to such Taluqdár or Grantee, heir or legatee, for her life-time only;
(8).—And upon the death of such widow, then to such son as the said widow shall, with
the consent in writing of her deceased husband, have adopted by a writing executed and attested in manner required in case of a will and registered, subject as aforesaid;
(9).—Or on the death of such first married widow and in default of a son adopted by her
with such consent and in such manner as aforesaid, then to the other widow, if any, of such Taluqdár or Grantee, heir or legatee, next in order of marriage, for her life, and on the death of such other widow, to a son adopted by her with such consent and in such manner as aforesaid; or in default of such adopted son, then to the other surviving widows according to their respective seniorities as widows, for their respective lives, and on their respective deaths, to the sons so adopted by them respectively, and to the male lineal descendants of such sons respectively, subject as aforesaid;
(10).—Or in default of any such widow or of any son so adopted by her, or of any such
descendant, then to the male lineal descendants, not being najib-ul-tarfain, of such Taluqdár or Grantee, heir or legatee, successively, according to their respective seniorities and their respective male lineal descendant, whether najib-ul-tarfain or not;
(11).—Or in default of any such descendant, then to such persons as would have been entitled to
succeed to the estate under the ordinary law to which persons of the religion and tribe of such
Taluqdár or Grantee, heir or legatee, are subject.
Nothing contained in the former part of this section shall be construed to limit the power of
alienation conferred by section eleven.
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**23. General rule of succession to intestate Taluqdárs and Grantees.—Except in the cases provided**
for by section twenty-two, the succession to all property left by Taluqdárs and Grantees, and their heirs
and legatees, dying intestate, shall be regulated by the ordinary law to which members of the intestate's
tribe and religion are subject.
VIII.—Maintenance.
**24. Maintenance of surviving relatives of Taluqdárs and Grantees.—When any Taluqdár or**
Grantee, or his heir or legatee, dies leaving him surviving such relatives as are hereinafter mentioned, the
person for the time being in the possession of his estate or the rents and profits thereof shall be liable to
pay to each of such relatives during his or her life, or for such other period as is hereinafter mentioned, by
twelve equal monthly payments, an annuity in accordance with the custom of the country not exceeding
such amount as is hereinafter mentioned : Provided that such relative was at the date of the death of the
deceased living together with him: Provided also that such relative is and continues to be without any
other adequate means of maintenance.
If any part of such estate shall have been transferred or bequeathed by the deceased, the person for the
time being in possession of such part, or of the rents and profits thereof, shall be liable to pay
proportionate parts of the said annuities during the continuance thereof respectively.
**25. Grandparents, parents, and senior widows.—In the case of the grandparents, parents, and senior**
widows of the deceased, the maximum amount of the annuity shall be as follows :—
(a.) where the annual revenue payable to Government in respect of the estate is or exceeds
1,50,000 rupees ⸻a sum not exceeding 6,000 rupees :
(b.) where such revenue is or exceeds 100,000 rupees, but is less than 1,50,000 rupees ⸻ a sum not
exceeding 2,400 rupees :
(c.) where such revenue is or exceeds 50,000 rupees, but is less than 100,000 rupees ⸻ a sum not
exceeding 1,200 rupees :
(d.) where such revenue is or exceeds 25,000 rupees, but is less than 50,000 rupees ⸻ a sum not
exceeding 600 rupees :
(e.) where such revenue is or exceeds 15,000 rupees, but is less than 25,000 rupees ⸻ a sum not
exceeding 360 rupees :
(f.) where such revenue is or exceeds 7,000 rupees, but is less than 15,000 rupees ⸻ a sum not
exceeding 240 rupees ; and
(g.) where such revenue is less than 7,000 rupees ⸻ a sum not exceeding 180 rupees.
**Junior widows.—In the case of a junior widow of the deceased, the maximum amount of the**
annuity shall be one-half of the maximum amount to which a senior widow of the deceased would be
entitled under the former part of this section.
**26. Brothers and minor sons.—In the case of brothers and minor sons of the deceased, the**
maximum amount of the annuity shall be a sum not more than 1,200 rupees.
**Nephews.—In the case of nephews of the deceased, being fatherless minors, the maximum amount**
of the annuity shall be a sum not more than 600 rupees.
**27. Unmarried daughters, widows of sons and brothers and inferior widows.—In the case of**
unmarried daughters of the deceased, widows of his sons and brothers, and his widows not of his
_ahl-i·bradari, the maximum amount of the annuity shall be a sum not more than 360 rupees._
**28. Continuance of annuities.—Subject to the provisions hereinbefore contained,** the said
annuities hall continue,
(a) in the case of a minor son or a minor nephew, till he ceases to be a minor;
-----
(b) in the case of a daughter or widow, till she voluntarily leaves the household of the heir or
legatee of the deceased, or would, according to the custom of the country, cease to be entitled to
maintenance, and
(c) in all other cases, till the annuitant dies.
IX.—Miscellaneous.
**29. Muhammadan Taluqdárs and Grantees empowered to adopt.—Every Muhammadan**
Taluqdár, Grantee, heir or legatee, and every widow of a Muhammadan Taluqdár or Grantee, heir or
legatee, with the consent in writing of her deceased husband, shall, for the purposes of this Act, have
power to adopt a son whenever, if he or she were a Hindu, he or she might adopt a son.
Such, power shall be exercisable only by writing executed and attested in manner required by section
nineteen in case of a will and registered.
**30. Alteration of rules of intestate succession in cases of Taluqdárs and Grantees named in**
**list 3 or list 5.—Any Taluqdár or Grantee whose name has been entered in the third or fifth of the lists**
mentioned in section eight, or his heir or legatee, may, at any time hereafter, present to the Chief
Commissioner of Oudh a declaration in writing, executed and registered in the manner required by this
Act for the execution and registration of an instrument of gift, that he is desirous that the succession to his
estate shall, in case of his intestacy, cease to be regulated in the manner described in section twenty-two,
and that it shall in future be regulated by the ordinary law to which members of his tribe and religion are
subject.
On receiving such declaration, the said Chief Commissioner shall cause to be inserted the name of
such Taluqdár or Grantee, heir or legatee, in the fourth or sixth (as the case may be) of the lists mentioned
in section eight, and shall cause a note thereof to be made in the proper place in the third or fifth (as the
case may be) of the said lists, and the succession to such estate shall thenceforward, in case of intestacy,
be regulated in the manner provided by section twenty-three.
**31. Reverter to ordinary law of succession.—Any Taluqdár or Grantee, heir or legatee, may, at any**
time hereafter, present to the Chief Commissioner of Oudh a declaration in writing, executed and
registered in the manner required by this Act for the execution and registration of instruments of gift, that
he is desirous that his estate should in future be held subject to the ordinary law of succession to which
members of his tribe and religion are subject.
On receiving such declaration, the Chief Commissioner shall cause a note thereof to be made in the
proper places in each of the lists mentioned in section eight in which the name of such Taluqdár or
Grantee, heir or legatee, has been entered, and thenceforward none of the provisions of this Act shall
apply to such estate, which shall thenceforward be held subject in all respects to the ordinary law of
succession to which members of his tribe and religion are subject.
**32. Saving of rights of creditors.—Nothing hereinbefore contained shall affect any right which the**
creditors of any person making a transfer or bequest under the provisions of this Act, would have
possessed as against the property comprised in such transfer or bequest if this Act had not been passed.
**33. Awards as to compensation and maintenance.—And whereas bodies of Taluqdárs have in**
several cases made awards respecting the provision to be made for certain relatives of Taluqdárs, and it is
expedient to render such awards legally enforceable; it is hereby further enacted that every such award
shall, if approved by the Financial Commissioner of Oudh and filed in his Court within six months after
the passing of this Act, he enforceable as if a Court of competent jurisdiction had passed judgment
according to the award and a decree had followed upon such judgment.
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### SCHEDULES.
### FIRST SCHEDULE.
(See section 3.)
I.
From C. BEADON, ESQ., Secretary to the Government of India, Foreign Department, to
C.J. WINGFIELD, ESQ., Chief Commissioner of Oudh, (No. 6268, dated 10[th] October 1859.)
**No. 1091, dated the 4th June. No. 1377, dated the 15th July.—I** AM directed by the Governor
General in Council to acknowledge the receipt of your Secretary's letters noted in the margin, relative to
the Taluqdárí settlement of Oudh.
2. His Excellency in Council, agreeing with you as to the expediency of removing all doubts as to the
intention of the Government to maintain the Taluqdárs in possession of the taluqas for which they have
been permitted to engage, is pleased to declare that every Taluqdár with whom a summary settlement has
been made since the re-occupation of the province, has thereby acquired a permanent hereditary and
transferable proprietary right, viz., in the taluqa for which he has engaged, including the perpetual
privilege of engaging with the Government for the revenue of the taluqa.
3. This right is, however, conceded, subject to any measure which the Government may think proper
to take for the purpose of protecting the inferior Zamíndárs and village occupants from extortion, and of
upholding their rights in the soil in subordination to the Taluqdárs.
4. The Governor General in Council desires that you will have ready, by His Excellency's arrival at
Lucknow, a list of the Taluqdárs upon whom a permanent proprietary right has now been conferred; and
that you will prepare sanads to be issued to these Taluqdárs at that time. The sanads will be given by, and
will run in the name of, the Chief Commissioner, acting under the authority of the Governor General.
5. I am directed to add that, as regards Zamíndárs and others, not being Taluqdárs, with whom a
summary settlement has been made, the orders conveyed in the limitation Circular No. 31 of the 28th of
January 1859, must not be strictly observed. Opportunity must be allowed at the next settlement to all
disappointed claimants to bring forward their claims, and all such claims must be heard and disposed of in
the usual manner.
___________
**II.**
From C. BEADON, ESQ., Secretary to the Government of India, Foreign Department, with the Governor
General, to Chief Commissioner, Oudh, (No. 23, dated 19th October 1859).
I am directed by His Excellency the Governor General to acknowledge the receipt of your
demi-official letter of the 15th instant, enclosing a form of sanad to be given to the Taluqdárs of Oudh,
granting them a full and permanent proprietary right in the taluqas for which they have severally been
permitted to engage at the summary settlement.
2. This form of sanad is generally approved, and a revised copy, with some few alterations, is herewith
enclosed for adoption and for careful translation into the Hindustani language, in which the sanads will be
prepared.
3. The sanads declare that while, on the one hand, the Government has conferred on the Taluqdárs and
on their heirs for ever the full proprietary right in their respective estates, subject only to the payment of
the annual revenue that may be imposed from time to time, and to certain conditions of loyalty and good
service, on the other hand, all persons holding an interest in the land under the Taluqdárs will be secured
in the possession of the subordinate rights which they have heretofore enjoyed.
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4. The meaning of this is that, when a regular settlement of the province is made, wherever it is found
that Zamíndárs or other persons have held an interest in the soil intermediate between the ryot and the
Taluqdár, the amount or proportion payable by the intermediate holder to the Taluqdár, and the net jama
finally payable by the Taluqdár to the Government, will be fixed and recorded after careful and detailed
survey and inquiry into each case, and will remain unchanged during the currency of the settlement, the
Taluqdár being, of course, free to improve his income and the value of his property by the reclamation of
waste lands (unless in cases where usage has given the liberty of reclamation to the Zamindar), and by
other measures of which he will receive the full benefit at the end of the settlement. Where leases (pattás)
are given to the subordinate Zamíndárs, they will be given by the Taluqdár, not by the Government.
5. This being the position in which the Taluqdárs will be placed, they cannot, with any show of reason,
complain if the Government takes effectual steps to re-establish and maintain in subordination to them the
former rights, as those existed in 1855, of other persons whose connexion with the soil is in many cases
more intimate and more ancient than theirs; and it is obvious that the only effectual protection which the
Government can extend to these inferior holders, is to define and record their rights and to limit the
demand of the Taluqdár as against such person during the currency of the settlement to the amount fixed
by the Government as the basis of its own revenue demand.
6. What the duration of the settlement shall be, and what proportion of the rent shall be allowed in
each case to Zamíndárs and Taluqdárs, are questions to be determined at the time of settlement.
The Governor General agrees in your observation that it is a bad principle to create two classes of
recognized proprietors in one estate, and it is likely to lead to the alienation of a larger proportion of the
land revenue than if there were only one such class. But whilst the taluqdárí tenure, notwithstanding this
drawback, is about to be recognized and re-established, because it is consonant with the feelings and
traditions of the whole people of Oudh, the zamíndári tenure intermediate between the tenures of the
Taluqdár and the ryot is not a new creation, and it is a tenure which, in the opinion of the Governor
General, must be protected.
____________
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### SECOND SCHEDULE
(See section 4.)
(1).— Dig-Bijay Singh, Rájá of Balrámpúr.
(2). — Rao Hardeo Bakhsh Singh, of Katíari.
(3). — Káshí Parshád, Taluqdár of Sisséndi.
(4). — Jhabba Singh, Zamíndár of Gopál Khéra.
(5). — Chandan Lál, Zamíndár of Moraon (Baiswára).
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26-Jan-1869 | 04 | The Divorce Act, 1869 | https://www.indiacode.nic.in/bitstream/123456789/2280/1/A1869-04.pdf | central | PREAMBLE
SECTIONS
1. Short title.
Commencement of Act.
2. Extent of Act.
## THE DIVORCE ACT, 1869
______
ARRANGEMENT OF SECTIONS
______
I.—PRELIMINARY
Extent of power to grant relief generally, and to make decrees of dissolution, or of nullity.
3. Interpretation-clause.
II.—JURISDICTION
4. Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception.
5. Enforcement of decrees or orders made heretofore by Supreme or High Court.
6. Pending suits.
7. [Omitted.].
8. Extraordinary jurisdiction of High Court.
Power to transfer suits.
9. Reference to High Court.
III.—DISSOLUTION OF MARRIAGE
10. Grounds for dissolution of marriage
10A .Dissolution of marriage by mutual consent.
11. Adulterer to be co-respondent.
12. Court to be satisfied of absence of collusion.
13. Dismissal of petition.
14. Power to Court to pronounce decree for dissolving marriage.
Condonation.
15. Relief in case of opposition on certain grounds.
16. Decrees for dissolution to be nisi.
Collusion.
17. Power of High Court to remove certain suits.
17A. [Omitted.].
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IV.—NULLITY OF MARRIAGE
SECTIONS
18. Petition for decree of nullity.
19. Grounds of decree.
20. [Omitted.].
21. Children of annulled marriage.
V.—JUDICIAL SEPARATION
22. Bar to decree for divorce _a mensa et toro; but judicial separation obtainable by husband or_
wife.
23. Application for separation made by petition.
24. Separated wife deemed spinster with respect to after-acquired property.
25. Separated wife deemed spinster for purposes of contract and suing.
_Reversal of Decree of Separation_
26. Decree of separation obtained during absence of husband or wife may bereversed.
VI.— PROTECTION-ORDERS
27. Deserted wife may apply to court for protection.
28. Court may grant protection-order.
29. Discharge or variation of orders.
30. Liability of husband seizing wife’s property after notice of order.
31. Wife’s legal position during continuance of order.
VII.—RESTITUTION OF CONJUGAL RIGHTS
32. Petition for restitution of conjugal rights.
33. Answer to petition.
VIII.—DAMAGES AND COSTS
34. [Omitted.].
35. [Omitted.].
IX.—ALIMONY
36. Alimony pendente lite.
37. Power to order permanent alimony.
Power to order monthly or weekly payments.
38. Court may direct payment of alimony to wife or to her trustee.
X.—SETTLEMENTS
39. [Omitted.].
40. Inquiry into existence of ante-nuptial or post-nuptial settlements.
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XI.—CUSTODY OF CHILDREN
SECTIONS
41. Power to make orders as to custody of children in suit for separation.
42. Power to make such orders after decree.
43. Power to make orders as to custody of children in suits for dissolution or nullity.
44. Power to make such orders after decree or confirmation.
XII.—PROCEDURE
45. Code of Civil Procedure to apply.
46. Forms of petitions and statements.
47. Petition to state absence of collusion.
Statements to be verified.
48. Suits on behalf of lunatics.
49. Suits by minors.
50. Service of petition.
51. Mode of taking evidence.
52. Competence of husband and wife to give evidence as to cruelty or desertion.
53. Power to close doors.
54. Power to adjourn.
55. Enforcement of, and appeals from, orders and decrees.
No appeal as to costs.
56. Appeal to the Supreme Court.
XIII.—RE-MARRIAGE
57. Liberty to parties to marry again.
58. English clergyman not compelled to solemnize marriages of persons divorced for adultery.
59. English Minister refusing to perform ceremony to permit use of his Church.
XIV.—MISCELLANEOUS
60. Decree for separation or protection-order valid as to persons dealing withwife before reversal.
Indemnity of persons making payment to wife without notice of reversal ofdecree or protectionorder.
61. Bar of suit for criminal conversation.
62. Power to make rules.
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SCHEDULE OF FORMS
NOS.
1. Petition by husband for a dissolution of marriage with damages againstco-respondent, by reason
of adultery.
2. Respondent’s statement in answer to No. 1.
3. Co-respondent’s statement in answer to No. 1.
4. Petition for decree of Nullity of Marriage.
5. Petition by wife for judicial separation on the ground of her husband’s adultery.
6. Statement in answer to No. 5.
7. Statement in reply to No. 6.
8. Petition for a judicial separation by reason of cruelty.
9. Statement in answer to No. 8.
10. Petition for reversal of decree of separation.
11. Petition for protection-order.
12. Petition for Alimony pending the suit.
13. Statement in answer to No. 12.
14. Undertaking by minor’s next friend to be answerable for respondent’s costs.
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## THE DIVORCE ACT, 1869
ACT NO. 4 OF 1869[1]
[26th February, 1869.]
## An Act to amend the law relating to Divorce and Matrimonial Causes [2]***.
Preamble.—WHEREAS it is expedient to amend the law relating to the divorce of persons
professing the Christian religion, and to confer upon certain Courts jurisdiction in matters
matrimonial; it is hereby enacted as follows:—
I.—PRELIMINARY
**1. Short title. Commencement of Act.—This Act may be called the [3]*** Divorce Act, and shall**
come into operation on the first day of April, 1869.
**2. Extent of Act.—[4][This Act extends to [5][the whole of India [6][except the state of Jammu and**
Kashmir*]].]
**Extent of power to grant relief generally.—** [7] [Nothing hereinafter contained shall
authorise any Court to grant any relief under this Act except where the petitioner [8] [or
respondent] professes the Christian religion,
**and to make decrees of dissolution.—or to make decrees of dissolution of marriage except where**
the parties to the marriage are domiciled in India at the time when the petition is presented,
**or of nullity.—or to make decrees of nullity of marriage except where the marriage has**
been solemnized in India and the petitioner is resident in India at the time of presenting the
petition,
or to grant any relief under this Act, other than a decree of dissolution of marriage or of
nullity of marriage, except where the petitioner resides in India at the time of presenting the
petition.]
**3.Interpretation-clause.—In this Act, unless there be something repugnant in the subject or**
context,—
9[(1) “High Court”.—“High Court” means with reference to any area:—
(a)in a State, the High Court for that State;
10[(b)in Delhi, the High Court of Delhi;
(bb)in Himachal Pradesh, the High Court of Punjab and Haryana up to and inclusive of the
30th April, 1967 and the High Court of Delhi thereafter;]
(c) in Manipur and Tripura, the High Court of Assam;
(d) in the Andaman and Nicobar Islands, the High Court at Calcutta;
(e) in[11][Lakshadweep], the High Court of Kerala;
12[(ee) in Chandigarh, the High Court of Punjab and Haryana;]
1. For Statement of Objects and Reasons, see Calcutta Gazette, 1863, p. 173; for Report of Select Committee, see Gazette of India, 1869, p.
192; for Proceedings in Council, see Calcutta Gazette, 1862, Supplement, p. 463, ibid., 1863, Supplement, p. 43, and Gazette of India,
1869, Supplement, p. 291.
2. The words “in India” omitted by Act of 1951, s. 3 and the Schedule.
3. The word “Indian” omitted by Act 51 of 2001, s. 2 (w.e.f. 3-10-2001).
4. Subs. by A.O. 1948, for first paragraph
5. Subs by A.O. 1950, for certain words.
6. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “except Part B States”.
8. Subs. by Act 25 of 1926, s. 2, for paras. 2, 3 and 4.
9. Ins. by Act 30 of 1927, s. 2.
10. Subs. by Adaption of Laws (No. 2) 1956, for clause (1).
11. Subs. by the Himachal Pradesh (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, for sub-clause (b) (w.e.f. 1-11
1966).
12. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974, for “the Laccadive,
Minicoy and Amindivi Islands” (w.e.f. 1-11-1973).
13. Ins. by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968 (w.e.f. 1-11-1966).
*.Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir
and the Union territory of Ladakh.
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and in the case of any petition under this Act, “High Court” means the High Court for the area where
the husband and wife reside or last resided together;]
1[(2) “District Judge” means a Judge of a principal civil court of original jurisdiction however
designated;]
(3) “District Court” means, in the case of any petition under this Act, the court of the District
Judge within the local limits of whose ordinary jurisdiction, [2][or of whose jurisdiction under this Act
the marriage was solemnized or] the husband and wife reside or last resided together;
(4) “Court” means the High Court or the District Court, as the case may be;
(5) “minor children” means, in the case of sons of Native fathers, boys, who have not completed
the age of sixteen years, and, in the case of daughters of Native fathers, girls who have not completed
the age of thirteen years; In other cases it means unmarried children who have not completed the age
of eighteen years;
3[* - - - *]
4[* - - - *]
(8) “marriage with another woman” means marriage of any person, being married, to any other
person, during the life of the former wife, whether the second marriage shall have taken place
within [5][India] or elsewhere;
(9) “desertion”, implies an abandonment against the wish of the person charging it; and
(10) “property” includes in the case of a wife, any property to which she is entitled for an estate in
remainder or reversion or as a trustee, executrix or administratrix; and the date of the death of the
testator or intestate shall be deemed to be the time at which any such wife becomes entitled as
executrix or administratrix.
II.—JURISDICTION
**4. Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception.—The**
jurisdiction now exercised by the High Courts in respect of divorce a _mensa et toro, and in all other_
causes, suits and matters matrimonial, shall be exercised by such courts and by the District Courts
subject to the provisions in this Act contained, and not otherwise; except so far as relates to the
granting of marriage-licenses, which may be granted as if this Act had not been passed.
**5. Enforcement of decrees or orders made heretofore by Supreme or High Court.—Any**
decree or order of the late Supreme Court of Judicature at Calcutta, Madras or Bombay sitting on the
ecclesiastical side, or of any of the said High Courts sitting in the exercise of their matrimonial
jurisdiction, respectively, in any cause or matter matrimonial, may be enforced and dealt with by the
said High Courts, respectively, as hereinafter mentioned, in like manner as if such decree or order had
been originally made under this Act by the Court so enforcing or dealing with the same.
**6. Pending suits.—All suits and proceedings in causes and matters matrimonial, which when this**
Act comes into operation are pending in any High Court, shall be dealt with and decided by such
court, so far as may be, as if they had been originally instituted therein under this Act.
**7.** [Court to act on principles of English Divorce Court].—[Omitted by the IndianDivorce
_[(Amendment) Act,2001 (51 of 2001), s. 4 (w.e.f. 3-10-2001).]](javascript:fnOpenLinkPopUp('2400','93573');)_
**8. Extraordinary jurisdiction of High Court.—The High Court may, whenever it thinks fit,**
remove and try and determine as a Court of original jurisdiction any suit or proceeding instituted
under this Act in the Court of any District Judge within the limits of its jurisdiction under this Act.
1. Subs. by A.O. 1950, for clause (2).
2. Subs. by Act 51 of 2001, s. 3, for “or of whose jurisdiction under this Act” (w.e.f. 3-10-2001).
3. Clause (6) omitted by Act 51 of 2001, s. 3 (w.e.f. 3-10-2001).
4. Clause (7) omitted by s. 3 ibid,(w.e.f. 3-10-2001).
5. Subs. by the A.O. 1950, for “the dominions of Her Majesty”.
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**Power to transfer suits.—The High Court may also withdraw any such suit or proceeding, and**
transfer it for trial or disposal to the Court of any other such District Judge.
**9. Reference to High Court.—When any question of law or usage having the force of law arises**
at any point in the proceedings previous to the hearing of any suit under this Act by a District Court or
at any subsequent stage of such suit, or in the execution of the decree therein or order thereon,
the Court may, either of its own motion or on the application of any of the parties, draw up a
statement of the case and refer it, with the Court’s own opinion thereon, to the decision of the High
Court.
If the question has arisen previous to or in the hearing, the District Court may either stay such
proceedings, or proceed in the case pending such reference, and pass a decree contingent upon the
opinion of the High Court upon it.
If a decree or order has been made, its execution shall be stayed until the receipt of the order of the
High Court upon such reference.
III.—DISSOLUTION OF MARRIAGE
**1[10. Grounds for dissolution of marriage.—(1) Any marriage solemnized, whether before or**
after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), may, on a
petition presented to the District Court either by the husband or the wife, be dissolved on the ground
that since the solemnization of the marriage, the respondent—
(i) has committed adultery; or
(ii) has ceased to be Christian by conversion to another religion; or
(iii) has been incurably of unsound mind for a continuous period of not less than two years
immediately preceding the presentation of the petition; or
2* - - -
(v) has, for a period of not less than two years immediately preceding the presentation of the
petition, been suffering from venereal disease in a communicable form; or
(vi) has not been heard of as being alive for a period of seven years or more by those persons
who would naturally have heard of the respondent if the respondent had been alive; or
(vii) has wilfully refused to consummate the marriage and the marriage has not therefore been
consummated; or
(viii) has failed to comply with a decree for restitution of conjugal rights for a period of two
years or upwards after the passing of the decree against the respondent; or
(ix) has deserted the petitioner for at least two years immediately preceding the presentation of
the petition; or
(x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the
mind of the petitioner that it would be harmful or injurious for the petitioner to live with the
respondent.
1. Subs. by Act 51 of 2001, s. 5, for section 10 (w.e.f. 3-10-2001).
2. Clause (iv) omitted by Act 6 of 2019, s. 2 (w.e.f. 1-3-2019).
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(2) A wife may also present a petition for the dissolution of her marriage on the ground that the
husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.]
**1[10A .Dissolution of marriage by mutual consent.—(1) Subject to the provisions of this Act**
and the rules made thereunder, a petition for dissolution of marriage may be presented to the District
Court by both the parties to a marriage together, whether such marriage was solemnized before or
after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), on the ground
that they have been living separately for a period of two years or more, that they have not been able to
live together and they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of presentation
of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if
the petition is not withdrawn by both the parties in the mean time, the Court shall, on being satisfied,
after hearing the parties and making such inquiry, as it thinks fit, that a marriage has been solemnized
and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved
with effect from the date of decree. ].
**2[11. Adulterer or adulteress to be co-respondent.—On a petition for dissolution of marriage**
presented by a husband or wife on the ground of adultery, the petitioner shall make the alleged
adulterer or adulteress a co-respondent, unless the petitioner is excused by the Court from so doing on
any of the following grounds, namely:—
(a) that the wife, being the respondent is leading the life of a prostitute or the husband, being
respondent is leading an immoral life and that the petitioner knows of no person with whom the
adultery has been committed;
(b) that the name of the alleged adulterer or adulteress is unknown to the petitioner although
the petitioner has made due efforts to discover it;
(c) that the alleged adulterer or adulteress is dead.].
**12. Court to be satisfied of absence of collusion.—Upon any such petition for the dissolution of**
a marriage, the Court shall satisfy itself, so far as it reasonably can, not only as to the facts alleged,
but also whether or not the petitioner has been in any manner accessory to, or conniving at, the going
through of the said form of marriage, or the adultery, or has condoned the same, and shall also enquire
into any countercharge which may be made against the petitioner.
**13. Dismissal of petition.—In case the Court, on the evidence in relation to any such petition, is**
satisfied that the petitioner’s case has not been proved, or is not satisfied that the alleged adultery has
been committed,
or finds that the petitioner has, during the marriage, been accessory to, or conniving at, the going
through of the said form of marriage, or the adultery of the other party to the marriage, or has
condoned the adultery complained of,
or that the petition is presented or prosecuted in collusion with either of the respondents,
then and in any of the said cases the Court shall dismiss the petition.
3 * - - -
**14. Power to court to pronounce decree for dissolving marriage.—In case the Court is satisfied**
on the evidence that the case of the petitioner has been proved,
and does not find that the petitioner has been in any manner accessory to, or conniving at, the
going through of the said form of marriage, or the adultery of the other party to the marriage, or has
condoned the adultery complained of,
or that the petition is presented or prosecuted in collusion with either of the respondents,
1. Ins. by Act 51 of 2001, s. 6. (w.e.f. 3-10-2001).
2. Subs. by s. 7, ibid., for section 11 (w.e.f. 3-10-2001).
3. Last paragraph of section 13 omitted by s. 8, ibid. (w.e.f. 3-10-2001).
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the Court shall pronounce a decree declaring such marriage to be dissolved [1]***:
Provided that the Court shall not be bound to pronounce such decree if it finds that the petitioner
has, during the marriage, been guilty of adultery,
or if the petitioner has, in the opinion of the Court, been guilty of unreasonable delay in presenting
or prosecuting such petition,
or of cruelty towards the other party to the marriage,
or of having deserted or wilfully separated himself or herself from the other party before the
adultery complained of, and without reasonable excuse,
or of such wilful neglect or misconduct of or towards the other party as has conduced to the
adultery.
**Condonation. No adultery shall be deemed to have been condoned within the meaning of this Act**
unless where conjugal cohabitation has been resumed or continued.
**15. Relief in case of opposition on certain grounds.—In any suit instituted for dissolution of**
marriage, if the respondent opposes the relief sought on the ground, in case of such a suit instituted by
a husband, of his adultery, cruelty, or desertion [2]*** or, in case of such a suit instituted by a wife, on
the ground of [3] [her adultery or cruelty or desertion], the Court may in such suit give to the
respondent, on his or her application, the same relief to which he or she would have been entitled in
case he or she had presented a petition seeking such relief, and the respondent shall be competent to
give evidence of or relating to [4][such adultery, cruelty] or desertion.
**16. Decrees for dissolution to be nisi.—Every decree for dissolution of marriage made by a High**
Court [5]*** shall in the first instance, be a decree nisi, not to be made absolute till after the expiration
of such time, not less than six months from the pronouncing thereof, as the High Court, by general or
special order from time to time, directs.
**Collusion. During that period any person shall be at liberty, in such manner as the High Court by**
general or special order from time to time directs, to show cause why the said decree should not be
made absolute by reason of the same having been obtained by collusion or by reason of material facts
not being brought before the Court.
On cause being so shown, the Court shall deal with the case by making the decree absolute, or by
reversing the decree nisi, or by requiring further inquiry, or otherwise as justice may demand.
The High Court may order the cost of Counsel and witnesses and otherwise arising from such
cause being shown, to be paid by the parties or such one or more of them as it thinks fit, including a
wife if she have separate property.
Whenever a decree nisi has been made, and the petitioner fails, within a reasonable time, to move
to have such decree made absolute, the High Court may dismiss the suit.
6[17. Power of High Court to remove certain suits.—During the progress of the suit in the Court
of the District Judge, any person suspecting that any parties to the suit are or have been acting in
collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the High Court
by general or special order from time to time directs, to apply to the High Court to remove the suit
under section 8, and the Court shall thereupon, if it thinks fit, remove such suit and try and determine
the same as a Court of original jurisdiction, and the provisions contained in section 16 shall apply to
every suit so removed; or it may direct the District Judge to take such steps in respect of the alleged
collusion as may be necessary, to enable him to make a decree in accordance with the justice of the
case.]
1. The words “in the manner and subject to all the provisions and limitation in section 16 and 17 made declared” in
paragraph 4 of section 14 omitted by Act 51 of 2001, s. 9 (w.e.f. 3-10-2001).
2. The words “without reasonable excuse,” omitted by s. 10, ibid., (w.e.f. 3-10-2001).
3. Subs. by s. 10, ibid., for “her adultery and cruelty” (w.e.f. 3-10-2001).
4. Subs. by s. 10, ibid., for “such cruelty” (w.e.f. 3-10-2001).
5. The words “not being a confirmation of a decree of a District Court” omitted by s. 11, ibid., (w.e.f. 3-10-2001).
6. Subs. by s. 12, ibid., for section 17 (w.e.f 3-10-2001).
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**17A.** [Appointment of officer to exercise duties of King’s Proctor].—[Omitted by the Indian
Divorce (Amendment) Act, 2001 (51 of 2001), s. 13 (w.e.f. 3-10-2001).]
IV.—NULLITYOF MARRIAGE
**18. Petition for decree of nullity.—Any husband or wife may present a petition to the District**
Court [1]***, praying that his or her marriage may be declared null and void.
**19. Grounds of decree.—Such decree may be made on any of the following grounds: —**
(1) that the respondent was impotent at the time of the marriage and at the time of the
institution of the suit;
(2) that the parties are within the prohibited degree of consanguinity (whether natural or legal)
or affinity;
(3) that either party was a lunatic or idiot at the time of the marriage;
(4) that the former husband or wife of either party was living at the time of the marriage, and
the marriage with such former husband or wife was then in force.
Nothing in this section shall affect the [2][jurisdiction of the District Court] to make decrees of
nullity of marriage on the ground that the consent of either party was obtained by force or fraud.
**20. [Confirmation of District Judge’s decree].—[Omitted by the Indian Divorce (Amendment) Act,**
2001 (51 of 2001), s. 16 (w.e.f. 3-10-2001).]
**21. Children of annulled marriage.—Where a marriage is annulled on the ground that a former**
husband or wife was living, and it is adjudged that the subsequent marriage was contracted in good
faith and with the full belief of the parties that the former husband or wife was dead, or when a
marriage is annulled on the ground of insanity, children begotten before the decree is made shall be
specified in the decree, and shall be entitled to succeed, in the same manner as legitimate children, to
the estate of the parent who at the time of the marriage was competent to contract.
V. —JUDICIAL SEPARATION
**22. Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband**
**or wife.—No decree shall hereafter be made for a divorce a mensa et toro, but the husband or wife**
may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion [3]*** for
two years or upwards, and such decree shall have the effect of a divorce a _mensa et toro under the_
existing law, and such other legal effect as here in after mentioned.
**23. Application for separation made by petition.—Application for judicial separation on any**
one of the grounds aforesaid, may be made by either husband or wife by petition to the District Court
4***, and the Court, on being satisfied of the truth of the statements made in such petition, and that
there is no legal ground why the application should not be granted, may decree judicial separation
accordingly.
**24. Separated wife deemed spinster with respect to after-acquired property.—In every case of**
a judicial separation under this Act, the wife shall from the date of the sentence, and whilst the
separation continues, be considered as unmarried with respect to property of every description which
she may acquire, or which may come to or devolve upon her.
Such property may be disposed of by her in all respects as an unmarried woman, and on her
decease the same shall, in case she dies intestate, go as the same would have gone if her husband had
been then dead:
Provided that, if any such wife again cohabits with her husband, all such property as she may be
entitled to when such cohabitation takes place shall be held to her separate use, subject, however, to
any agreement in writing made between herself and her husband whilst separate.
1. The words “or to the High Court” omitted by Act 51 of 2001, s. 14 (w.e.f. 3-10-2001).
2. Subs. by s. 15, ibid., for “jurisdiction of the High Court” (w.e.f. 3-10-2001).
3. The words “without reasonable excuse” omitted by s. 17, ibid. (w.e.f. 3-10-2001).
4. The words “or to the High Court” omitted by Act 51 of 2001, s. 18 (w.e.f. 3-10-2001).
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**25. Separated wife deemed spinster for purposes of contract and suing.—In every case of a**
judicial separation under this Act, the wife shall, whilst so separated, be considered as an unmarried
woman for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil
proceedings; and her husband shall not be liable in respect of any contact, act or costs entered into,
done, omitted or incurred by her during the separation:
Provided that where, upon any such judicial separation, alimony has been decreed or ordered to be
paid to the wife, and the same is not duly paid by the husband, he shall be liable for necessaries
supplied for her use:
Provided also that nothing shall prevent the wife from joining, at any time during such separation,
in the exercise of any joint power given to herself and her husband.
_Reversal of Decree of Separation_
**26. Decree of Separation obtained during absence of husband or wife may be**
**reversed.—Any husband or wife, upon the application of whose wife or husband, as the case may be,**
a decree of judicial separation has been pronounced, may, at any time thereafter, present a petition to
the Court by which the decree was pronounced, praying for a reversal of such decree, on the ground
that it was obtained in his or her absence, and that there was reasonable excuse for the alleged
desertion, where desertion was the ground of such decree.
The Court may, on being satisfied of the truth of the allegations of such petition reverse the decree
accordingly; but such reversal shall not prejudice or affect the rights or remedies which any other
person would have had, in case it had not been decreed, in respect of any debts, contracts, or acts of
the wife incurred, entered into, or done between the times of the sentence of separation and of the
reversal thereof.
VI.—PROTECTION-ORDERS
**27. Deserted wife may apply to court for protection.—Any wife to whom section 4 of the**
Indian Succession Act, 1865 (10 of 1865) [1]does not apply, may, when deserted by her husband,
present a petition to the District Court [2]***, at any time after such desertion, for an order to protect
any property which she may have acquired or may acquire, and any property of which she may have
become possessed or may become possessed after such desertion, against her husband or his creditors,
or any person claiming under him.
**28. Court may grant protection-order.—The Court, if satisfied of the fact of such desertion, and**
that the same was without reasonable excuse, and that the wife is maintaining herself by her own
industry or property, may make and give to the wife an order protecting her earnings and other
property from her husband and all creditors and persons claiming under him. Every such order shall
state the time at which the desertion commenced, and shall, as regards all persons dealing with the
wife in reliance thereon, be conclusive as to such time.
**29. Discharge or variation of orders.—The husband or any creditor of, or person claiming under**
him, may apply to the Court by which such order was made for the discharge or variation thereof, and
the Court, if the desertion has ceased, or if for any other reason it thinks fit so to do, may discharge or
vary the order accordingly.
**30. Liability of husband seizing wife’s property after notice of order.—If the husband, or any**
creditor of, or person claiming under, the husband, seizes or continues to hold any property of the
wife after notice of any such order, he shall be liable, at the suit of the wife (which she is hereby
empowered to bring), to return or deliver to her the specific property, and also to pay her a sum equal
to double its value.
**31. Wife’s legal position during continuance of order.—So long as any such order of protection**
remains in force the wife shall be and be deemed to have been, during such desertion of her, in the
1. See now the Indian Succession Act, 1925 (39 of 1925).
2. The words “or the High Court” omitted by Act 51 of 2001, s. 18 (w.e.f. 3-10-2001).
11
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like position in all respects, with regard to property and contracts and suing and being sued, as she
would be under this Act if she obtained a decree of judicial separation.
VII.— RESTITUTION OF CONJUGAL RIGHTS
**32. Petition for restitution of conjugal rights.—When either the husband or the wife has,**
without reasonable excuse, withdrawn from the society of the other, either wife, or husband may
apply, by petition to the District Court [1]*** for restitution of conjugal rights, and the Court, on being
satisfied of the truth of the statements made in such petition, and that there is no legal ground why the
application should not be granted, may decree restitution of conjugal rights accordingly.
**33. Answer to petition.—Nothing shall be pleaded in answer to a petition for restitution of**
conjugal rights, which would not be ground for a suit for judicial separation or for a decree of nullity
of marriage.
VIII.—DAMAGES AND COSTS
**34.** [Husband may claim damages from adulterer].—[Omitted by the Indian Divorce
(Amendment) Act, 2001 (51 of 2001), s. 19 (w.e.f. 3-10-2001)].
**35. [Power to order adulterer to pay costs].—[Omitted by s. 20, ibid. (w.e.f. 3-10-2001)].**
IX.—ALIMONY
**36. Alimony pendente** **_lite.—In any suit under this Act, whether it be instituted by a husband or a_**
wife, and whether or not she has obtained an order of protection [2][the wife may present a petition for
expenses of the proceedings and alimony pending the suit.]
Such petition shall be served on the husband; and the Court, on being satisfied of the truth of the
statements therein contained, may make such order on the husband [3][for payment to the wife of the
expenses of the proceedings and alimony pending the suit] alimony pending the suit as it may deem
just:
4* - - -
5[Provided further that the petition for the expenses of the proceedings and alimony pending the
suit, shall, as far as possible, be disposed of within sixty days of service of such petition on the
husband.]
**37. Power to order permanent alimony.—[6][Where a decree of dissolution of the marriage or a**
decree of judicial separation is obtained by the wife, the District Court may order that the husband
shall] to the satisfaction of the court, secure to the wife such gross sum of money, or such annual sum
of money for any term not exceeding her own life, as, having regard to her fortune (if any), to the
ability of the husband, and to the conduct of the parties, it thinks reasonable; and for that purpose may
cause a proper instrument to be executed by all necessary parties.
**Power to order monthly or weekly payments.—In every such case the Court may make an order**
on the husband for payment to the wife of such monthly or weekly sums for her maintenance and
support as the Court may think reasonable:
Provided that if the husband afterwards from any cause becomes unable to make such payments, it
shall be lawful for the Court to discharge or modify the order, or temporarily to suspend the same as
to the whole or any part of the money so ordered to be paid, and again to revive the same order wholly
or in part as to the court seems fit.
1. The words “or the High Court” omitted by Act 51 of 2001, s. 18 (w.e.f. 3-10-2001).
2. Subs. by Act 49 of 2001, s. 2, for “the wife may present a petition for alimony pending the suit” (w.e.f. 24-9-2001).
3. Subs. by s. 2, ibid., for “for payment to the wife of alimony pending the suit” (w.e.f. 24-9-2001).
4. The proviso omitted by Act 51 of 2001, s. 21 (w.e.f. 3-10-2001).
5. Ins. by Act 49 of 2001, s. 2 (w.e.f. 24-9-2001).
6. Subs. by Act 51 of 2001, s. 22, for certain words (w.e.f. 3-10-2001).
12
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**38. Court may direct payment of alimony to wife or to her trustee.—In all cases in which the**
Court makes any decree or order for alimony, it may direct the same to be paid either to the wife
herself, or to any trustee on her behalf to be approved by the court, and may impose any terms or
restrictions which to the Court seem expedient, and may from time to time appoint a new trustee, if it
appears to the Court expedient so to do.
X.—SETTLEMENTS
**39. [Power to order settlement of wife’s property for benefit of husband and children].—[Omitted**
_by the Indian Divorce (Amendment) Act, 2001 (51 of 2001), s. 23 (w.e.f. 3-10-2001)]._
**40. Inquiry into existence of ante-nuptial or post-nuptial settlements.—[1][The District Court**
may, before passing a decree for dissolution of the marriage or a decree of nullity of marriage, inquire
into]the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is
the subject of the decree, and may make such orders, with reference to the application of the whole or
a portion of the property settled, whether for the benefit of the husband or the wife, or of the children
(if any) of the marriage, or of both children and parents, as to the Court seems fit:
Provided that the Court shall not make any order for the benefit of the parents or either of them at
the expense of the children.
XI.—CUSTODY OF CHILDREN
**41. Power to make orders as to custody of children in suit for separation.—In any suit for**
obtaining a judicial separation the Court may from time to time, before making its decree, make such
interim orders, and may make such provision in the decree, as it deems proper with respect to the
custody, maintenance and education of the minor children, the marriage of whose parents is the
subject of such suit, and may, if it thinks fit, direct proceedings to be taken for placing such children
under the protection of the said Court:
2[Provided that the application with respect to the maintenance and education of the minor children
pending the suit, shall, as far as possible, be disposed of within sixty days from the date of service of
notice on the respondent.]
**42. Power to make such orders after decree.—The court, after a decree of judicial separation,**
may upon application (by petition) for this purpose make, from time to time, all such orders and
provisions, with respect to the custody, maintenance and education of the minor children, the marriage
of whose parents is the subject of the decree, or for placing such children under the protection of the
said court, as might have been made by such decree or by interim orders in case the proceedings for
obtaining such decree were still pending.
**43. Power to make orders as to custody of children in suits for dissolution or nullity.—[3][In**
any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in a
District Court, the Court may from time to time before making its decree, make such interim orders as
it may deem proper] with respect to the custody, maintenance and education of the minor children, the
marriage of whose parents is the subject of the suit,
and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection
of the court.
**44. Power to make such orders after decree or confirmation.—[4][Where a decree of dissolution**
or nullity of marriage has been passed, the District Court may, upon application] by petition for the
purpose, make from time to time all such orders and provisions, with respect to the custody,
maintenance and education of the minor children, the marriage of whose parents was the subject of
the decree, or for placing such children under the protection of the said court, as might have
1. Subs. by Act 51 of 2001, s. 24, for certain words (w.e.f. 3-10-2001).
2. Ins. by Act 49 of 2001, s. 3 (w.e.f 24-9-2001).
3. Subs. by Act 51 of 2001, s. 25, for certain words (w.e.f. 3-10-2001).
4. Subs. by, s. 26, ibid., for certain words (w.e.f. 3-10-2001).
13
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been made by such decree absolute or decree (as the case may be), or by such interim orders as
aforesaid.
XII.—PROCEDURE
**45. Code of Civil Procedure to apply.—Subject to the provisions herein contained, all**
proceedings under this Act between party and party shall be regulated by the [1] [Code of Civil
Procedure, 1908 (5 of 1908)].
**46. Forms of petitions and statements.—The forms set forth in the Schedule to this Act, with**
such variation as the circumstances of each case require, may be used for the respective purposes
mentioned in such Schedule.
**47. Petition to state absence of collusion.—Every petition under this Act for a decree of**
dissolution of marriage, or of nullity of marriage, or of judicial separation [2]*** shall [3]*** state that
there is not any collusion or connivance between the petitioner and the other party to the marriage.
**Statements to be verified.—The statements contained in every petition under this Act shall be**
verified by the petitioner or some other competent person in manner required by law for the
verification of plaints, and may at the hearing be referred to as evidence.
**48. Suits on behalf of lunatics.—When the husband or wife is a lunatic or idiot, any suit under**
this Act (other than a suit for restitution of conjugal rights) may be brought on his or her behalf by the
committee or other person entitled to his or her custody.
**49. Suits by minors.—Where the petitioner is a minor, he or she shall sue by his or her next friend**
to be approved by the Court; and no petition presented by a minor under this Act shall be filed until
the next friend has undertaken in writing to be answerable for costs.
Such undertaking [4]*** shall be filed in Court, and the next friend shall thereupon be liable in the same
manner and to the same extent as if he were a plaintiff in an ordinary suit.
**50. Service of petition.—Every petition under this Act shall be served on the party to be affected**
thereby, either within or without [5][India], in such manner as the High Court by general or special
order from time to time directs.
Provided that the court may dispense with such service altogether in case it seems necessary or
expedient so to do.
**51. Mode of taking evidence.—The witnesses in all proceedings before the court, where their**
attendance can be had, shall be examined orally, and any party may offer himself or herself as a
witness, and shall be examined, and may be cross-examined and re-examined, like any other witness:
Provided that the parties shall be at liberty to verify their respective cases in whole or in part by
affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite
party, or by direction of the Court, be subject to be cross-examined by or on behalf of the opposite
party orally, and after such cross-examination may be re-examined orally as aforesaid by or on behalf
of the party by whom such affidavit was filed.
**52. Competence of husband and wife to give evidence as to cruelty or desertion.—On any**
petition presented, [6][by a husband or a wife, praying that his or her marriage may be dissolved by
reason of his wife or her husband, as the case may be, having been guilty of adultery, cruelty or
desertion], the husband and wife respectively shall be competent and compellable to give evidence of
or relating to such cruelty or desertion.
1. Subs. by Act 51 of 2001, s. 27, for “Code of Civil Procedure” (w.e.f. 3-10-2001).
2. The Words “or of reversal of judicial separation, or for restitution of conjugal rights, or for damages, shall bear a stamp of
five rupees, and” rep. by Act 7 of 1870, s. 2 and the Schedule III.
3. The words “in the first, second and third cases mentioned in this section,” rep. by Act 7 of 1870, s. 2 and the Schedule III.
4. The words “shall bear a stamp of eight annas and” rep. by Act 7 of 1870, s. 2 and the Schedule III.
5. Subs. by the A.O. 1950, for the Provinces, which had been substituted by the A.O. 1948, for “British India”.
6. Subs. by Act 51 of 2001, s. 28, for certain words (w.e.f 3-10-2001).
14
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**53. Power to close doors.—The whole or any part of any proceeding under this Act may be heard,**
if the Court thinks fit, with closed doors.
**54. Power to adjourn.—The Court may, from time to time, adjourn the hearing of any petition**
under this Act, and may require further evidence thereon if it sees fit so to do.
**55. Enforcement of, and appeal from, orders and decree.—All decrees and orders made by the**
Court in any suit or proceedings under this Act shall be enforced and may be appealed from, in the
like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction
are enforced and may be appealed from, under the laws, rules and orders for the time being in force:
1* - - -
**No appeal as to costs. —[2][Provided] that there shall be no appeal on the subject of costs only.**
**56. Appeal to the Supreme Court.—Any person may appeal to [3][the Supreme Court] from any**
decree (other than a decree nisi) or order under this Act of a High Court made on appeal or otherwise,
and from any decree (other than a decree nisi) or order made in the exercise of original jurisdiction by
Judges of a High Court or of any Division Court from which an appeal shall not lie to the High Court,
when the High Court declares that the case is a fit one for appeal to [3][the Supreme Court].
XIII.—RE-MARRIAGE.
4[57. Liberty to parties to marry again.—Where a decree for dissolution or nullity of marriage
has been passed and either the time for appeal has expired without an appeal having been presented to
any court including the Supreme Court or an appeal has been presented but has been dismissed and
the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry
again.]
**58. English clergyman not compelled to solemnize marriages of persons divorced for**
**adultery.—No clergyman in Holy Orders of the [5]*** Church of England [6]*** shall be compelled to**
solemnize the marriage of any person whose former marriage has been dissolved on the ground of his
or her adultery, or shall be liable to any suit, penalty or censure for solemnizing or refusing to
solemnize the marriage of any such person.
**59. English Minister refusing to perform ceremony to permit use of his Church. — When any**
Minister of any Church or Chapel of the said [5]*** Church refuses to perform such marriage-service
between any persons who but for such refusal would be entitled to have the same service performed in
such Church or Chapel, such Minister shall permit any other Minister in Holy Orders of the said
Church, entitled to officiate within the diocese in which such Church or Chapel is situate, to perform
such marriage-service in such Church or Chapel.
XIV.—MISCLLANEOUS
**60. Decree for separation or protection-order valid as to persons dealing with wife before**
**reversal.** — Every decree for judicial separation or order to protect property, obtained by a wife
under this Act shall, until reversed or discharged, be deemed valid, so far as necessary, for the
protection of any person dealing with the wife.
No reversal, discharge or variation of such decree or order shall affect any rights or remedies
which any person would otherwise have had in respect of any contracts or acts of the wife entered into
or done between the dates of such decree or order, and of the reversal, discharge or variation thereof.
**Indemnity of persons making payment to wife without notice of reversal of decree or**
**protection order. — All persons who in reliance on any such decree or order make any payment to,**
or permit any transfer or act to be made or done by, the wife who has obtained the same shall,
notwithstanding such decree or order may then have been reversed, discharged or varied, or the
separation of the wife from her husband may have ceased, or at some time since the making of the
1. The first proviso omitted by Act 51 of 2001, s. 29 (w.e.f. 3-10-2001).
2. Subs. by s. 29, ibid., for “Provided also” (w.e.f. 3-10-2001).
3. Subs. by the A.O. 1950, for “Her Majesty in Council”.
4. Subs. by Act 51 of 2001, s. 30, for section 57 (w.e.f. 3-10-2001).
5. The word “United” rep. by Act 12 of 1873, s. 1 and the Schedule.
6. The words “and Ireland” rep. by s. 1, ibid. and the Schedule.
15
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decree or order been discontinued, be protected and indemnified as if, at the time of such payment,
transfer or other act, such decree or order were valid and still subsisting without variation, and the
separation had not ceased or been discontinued,
unless, at the time of the payment, transfer or other act, such persons had notice of the reversal,
discharge or variation of the decree or order or of the cessation or discontinuance of the separation.
**61. Bar of suit for criminal conversation.— After this Act comes into operation, no person**
competent to present a petition under sections 2 and 10 shall maintain a suit for criminal conversation
with his wife.
**62. Power to make rules.— The High Court shall make such rules under this Act as it may from**
time to time consider expedient, and may from time to time alter and add to the same:
Provided that such rules, alterations and additions are consistent with the provisions of this Act and
the[1][Code of Civil Procedure, 1908 (5 of 1908)].
All such rules, alteration and additions shall be published in the Official Gazette.
1. Subs. by Act 51 of 2001, s. 31, for “Code of Civil Procedure” (w.e.f. 3-10-2001).
16
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THE SCHEDULE
______________
SCHEDULE OF FORMS
No. 1. —PETITION by husband for a dissolution of marriage with damages against co-respondent, by
_reason of adultery._
(See sections 10 and 34).
In the (High) Court of
To the Hon’ble Mr. Justice [or To the Judge of ]
The day of 186 .
The petition of A.B., of
SHEWETH,
1. That your petitioner was on the day of, one thousand eight hundred
and, lawfully married to C.B., then C.D., spinster at . (a)
2. That from his said married, your petitioner lived and cohabited with his said wife at
and at, in, and lastly at, in, and that your
petitioner and his said wife have had issue of their said marriage, _five children, of whom_ _two sons_
only survive, aged respectively twelve and fourteen years.
3. That during the three years immediately preceding the day of
one thousand eight hundred and , _X.Y. was constantly with a few exceptions,_
residing in the house of your petitioner at aforesaid, and that on diverse occasions
during the said period, the dates of which are unknown to your petitioner, the said _C.B. in your_
petitioner’s said house committed adultery with the said X.Y.
4. That no collusion or connivance exists between me and my said wife for the purpose of
obtaining a dissolution of our said marriage or for any other purpose.
Your petitioner, therefore, prays that this (Hon’ble) Court will decree a dissolution of the said
marriage, and that the said _X.Y. do pay the sum of rupees 5,000 as damages by reason of his_
having committed adultery with your petitioner’s said wife, such damages to be paid to your
petitioner, or otherwise paid or applied as to this (Hon’ble) Court seems fit.
(Signed) A. B. (a)
_Form of Verification_
I, A.B., the petitioner named in the above petition, do declare that what is stated therein is true to
the best of my information and belief.
_________
No. 2.—Respondent’s statement in answer to No. 1
In the court of the day of,
Between A.B., petitioner,
_C.B., respondent, and_
_X.Y., co-respondent._
_C.B., the respondent, by D.E. her attorney (or vakil), in answer to the petition of A.B. says that she_
denies that she has on diverse or any occasions committed adultery with X.Y., as alleged in the third
paragraph of the said petition.
Wherefore the respondent prays that this (Hon’ble) Court will reject the said petition.
(Signed) C.B.
______________________________________________________________________________
(a) If the marriage was solemnized out of India, the adultery must be shown to have been committed in
India.
(b) The petition must be signed by the petitioner.
17
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No. 3.—Co-respondent’s statement in answer to No. 1
In the (High) Court of
The day of
Between A.B., petitioner,
_C.B., respondent, and_
_X.Y., co-respondent._
_X.Y., the co-respondent, in answer to the petition filed in this cause, saith that he denies that he_
committed adultery with the said C.B., as alleged in the said petition.
Wherefore the said X.Y., prays that this (Hon’ble) Court will reject the prayer of the said petitioner
and order him to pay the costs of and incident to the said petition.
(Signed) X.Y.
_______
No. 4.—PETTION for Decree of Nullity of Marriage
(See section 18)
In the (High) Court of
To the Hon’ble Mr. Justice [or To the
Judge of ].
The day of, 186 .
The Petition of A.B, falsely called A.D.,
SHEWETH,
1. That on the day of, one thousand
eight hundred and, your petitioner, then a
spinster, eighteen years of age, was married in fact, though not in law, to _C.D., then a bachelor of_
about thirty years of age, at [some place in India].
2. That from the said day of, one thousand
eight hundred and, until the month of, your petitioner lived
and cohabited with the said C.D., at diverse places, and particularly at aforesaid.
3. That the said C.D. has never consummated the said pretended marriage by carnal copulation.
4. That at the time of the celebration of your petitioner’s pretended marriage, the said C.D. was, by
reason of the impotency or malformation, legally incompetent to enter into the contract of marriage.
5. That there is no collusion or connivance between her and the said _C.D. with respect to the_
subject of this suit.
Your petitioner therefore prays that this (Hon’ble) Court will declare that the said marriage is null
and void.
(Signed) A.B.
_Form of Verification: See_ _No. 1_
__________
No. 5.—PETITION by wife for judicial separation on the ground of her husband’s adultery
(See _section 22)_
In the (High) Court of To the Hon’ble Mr. Justice
[or
To the Judge of ].
The day of, 186.
The petition of C.B., of the wife of A.B.
SHEWETH,
1. That on the day of, one thousand eight
hundred and sixty your petitioner, then _C.D., was lawfully_
married to A.B., at the Church of, in the
18
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2. That after her said marriage, your petitioner cohabited with the said A.B. at and
that your petitioner and her said husband have issue living of their said marriage, three children, to
wit, etc., etc., (a).
3. That on diverse occasions in or about the months of _August,_ _September and_ _October,_ one
thousand eight hundred and sixty the, said A.B., at
aforesaid, committed adultery with E.F., who was then living in the service of the said A.B., and your
petitioner at their said residence aforesaid.
4. That on diverse occasions in the months ofOctober, _Novemberand_ _December, one thousand_
eight hundred and sixty the said A.B.,at
aforesaid, committed adultery with G.H., who was then living in the
service of the said A.B. and your petitioner at their said residence aforesaid.
5. That no collusion or connivance exists between your petitioner and the said A.B., with respect to
the subject of the present suit.
Your petitioner, therefore, prays that this (Hon’ble) Court will decree a judicial separation to your
petitioner from her said husband by reason of his aforesaid adultery.
(Signed) C.B. (b)
_Form of Verification : See No. 1_
________
No. 6.—Statement in answer to No. 5
In the (High) Court of
B. against B.
The day of
The respondent, A.B. by W.Y., his attorney [or vakil] saith, —
1. That he denies that he committed adultery with _E.F. as in the third paragraph of the petition_
alleged.
2. That the petitioner condoned the said adultery with E.F., if any.
3. That he denies that he committed adultery with G.H., as in the fourth paragraph of the petition
alleged.
4. That the petitioner condoned the said adultery with G.H., if any.
Wherefore this respondent prays that this (Hon’ble) Court will reject the prayer of the said petition.
(Signed) A.B.
___________
No. 7.—Statement in reply to No. 6
In the (High) Court of
B. against B.
The day of
The petitioner, C.B., by her attorney [or vakil], says —
1. That she denies that she condoned the said adultery of the respondent with E.F. as in the second
paragraph of the statement in answer alleged.
2. That even if she had condoned the said adultery, the same has been revived by the subsequent
adultery of the respondent with G.H., as set forth in the fourth paragraph of the petition.
(Signed) C.B
__________
________________________________________________________________________________
(a) State the respective ages of the children.
(b) The petition must be signed by the petitioner.
19
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No. 8 —PETITION for a judicial separation by reason of cruelty
(See section 22)
In the (High) Court of
To the Hon’ble Mr. Justice [or To the Judge of ].
The day of 186
The petition of A.B. (wife of C.B.) of
SHEWETH,
1. That on the day of, one thousand eight hundred and,
your petitioner, then A.D., spinster, was lawfully married to C.B., at
2. That from her said marriage, your petitioner lived and cohabited with her said husband
at until the day of, one thousand eight
hundred and, when your petitioner separated from her said husband as
hereinafter more particularly mentioned, and that your petitioner and her said husband have had no issue of
their said marriage.
3. That from and shortly after your petitioner’s said marriage, the said _C.B. habitually conducted_
himself towards your petitioner with great harshness and cruelty, frequently abusing her in the coarsest and
most insulting language, and beating her with his fists, with a cane, or with some other weapon.
4. That on an evening in or about the month of one thousand eight hundred
and, the said C.B.in the highway and opposite to the house
in which your petitioner and the said C.B. were then residing at aforesaid,
endeavoured to knock your petitioner down, and was only prevented from so doing by the interference of
_F.D., your petitioner’s brother._
5. That subsequently on the same evening, the said C.B. in his said house at aforesaid,
struck your petitioner with his clenched fists a violent blow on her face.
6. That on one Friday night in the month of one
thousand eight hundred and, the said C.B., in
without provocation, threw a knife at your petitioner, thereby inflicting a severe wound on her right hand.
7. That on the afternoon of the day of one
thousand eight hundred and, your petitioner, by reason of the great and
continued cruelty practised towards her by her said husband, with assistance withdrew from the house of
her said husband to the house of her father at that from and after the said
day of, one thousand eight
hundred and your petitioner hath lived separate and apart from her said
husband, and hath never returned to his house or to cohabitation with him.
8. That there is no collusion or connivance between your petitioner and her said husband with respect to
the subject of the present suit.
Your petitioner, therefore, prays that this (Hon’ble) Court will decree a judicial separation between
your petitioner and the said C.B., and also order that the said C.B., do pay the costs of and incident
to these proceedings.
(Signed) A.B.
_Form of Verification : See No. 1_
______
No. 9.—Statement in answer to No. 8
In the (High) Court of
The day of
Between A.B., petitioner, and
_C.B., respondent_
_C.B., the respondent, in answer to the petition filed in this cause by W.J. his attorney [or vakil] saith_
that he denies that he has been guilty of cruelty towards the said A.B., as alleged in the said petition.
(Signed) C.B.
**_______**
20
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No. 10.—PETITION for reversal of decree of separation
(See section 24)
In the (High) Court of To the
Hon’ble Mr. Justice [or To the Judge of
].
The day of 186
The petition of A.B., of
SHEWETH,
1. That your petitioner was on the day of
lawfully married to
2. That on the day of this (Hon’ble)
Court at the petition of, pronounced a decree affecting the petitioner to the
effect following, to wit,—
[Here set out the decree]
3. That such decree was obtained in the absence of your petitioner, who was then residing at
[State facts tending to show that the petitioner did not know of the proceedings; and further, that had
_he known he might have offered a sufficient defence.]_
_or_
That there was reasonable ground for your petitioner leaving his said wife, for that his said wife
[Here state any legal grounds justifying the petitioner’s separation from his wife.]
Your petitioner, therefore, prays that this (Hon’ble) Court will reverse the said decree.
(Signed) A.B.
_Form of Verifications: See No. 1._
________
No. 11.—PETITION _for Protection-order_
(See _section 27)_
In the (High) Court of To the
Hon’ble Mr. Justice [or To the Judge of
].
The day of 186 .
The petition of C.B., of the wife of
_A.B._
SHEWETH,
That on the day of she was lawfully married to
_A.B., at_
That she lived and cohabited with the said A.B. for
years at, and also at, and hath
had children, issue of her said marriage, of whom are now living
with the applicant, and wholly dependent upon her earnings.
That on or about the said A.B., without any reasonable cause,
deserted the applicant, and hath ever since remined separate and apart from her.
That since the desertion of her said husband, the applicant hath maintained herself by her own
industry [or on her own property, as the case may be], and hath thereby and otherwise acquired
certain property consisting of [here state generally the nature of the property].
Wherefore she prays an order for the protection of her earnings and property acquired since the
said, day of, from the said _A.B.,_
and from all creditors and persons claiming under him.
(Signed) C.B.
**______**
21
-----
No. 12.—PETITION for Alimony pending the suit
(See _section 36)_
In the (High) Court of
_B. against B._
To, the Hon’ble Mr. Justice [or To the Judge of
].
The day of 186 .
The petition of C.B., the lawful
wife of A.B.
SHEWETH,
1. That the said A.B. has for some years carried on the business of, at
, and from such business derives the net annual income of
from Rs. 4,000 to 5000.
2. That the said A.B. is possessed of plate, furniture, linen and other effects at his said house,
aforesaid, all of which he acquired in right of your petitioner as his wife, or
purchased with money he acquired through her, of the value of Rs. 10,000.
3. That the said A.B. is entitled, under the will of his father, subject to the life interest of his mother
therein to property of the value of Rs. 5,000 or some other considerable amount (a).
Your petitioner, therefore, prays that this (Hon’ble) Court will decree such sum or sums of money
by way of alimony, pending the suit, as to this (Hon’ble) Court may seem meet.
(Signed) C.B.
_Form of Verification : See No. 1_
________
No. 13.—Statement in answer to No. 12
In the (High) Court of
_B, against B._
_A.B., of_, the above-named respondent, in
answer to the petition for alimony, pending the suit, of C.B., says —
1. In answer to the first paragraph of the said petition, I say that I have for the last _three_ years
carried, on the business of, at and
that, from such business, I have derived a net annual income of Rs. 900, but less than Rs. 1,000.
2. In answer to the second paragraph of the said petition, I say that I am possessed of plate,
furniture, linen and other chattels and effects at my said house
aforesaid, of the value of Rs. 7,000, but as I verily believe of no larger value. And I say that a portion
of the said plate, furniture and other chattels and effects of the value of Rs. 1,500 belonged to my said
wife before our marriage, but the remaining portions thereof I have since purchased with my own
monies. And I say that, save as hereinbefore set forth, I am not possessed of the plate and other effects
as alleged in the said paragraph in the said petition, and that I did not acquire the same as in the said
petition also mentioned.
3. I admit that I am entitled under the will of my father, subject to the life-interest of my mother
therein, to property of the value of Rs. 5,000, that is to say, I shall be entitled under my said father’s
will, upon the death of my mother, to a legacy of Rs. 7,000, out of which I shall, have to pay to my
father's executors the sum of Rs. 2,000 the amount of a debt owing by me to his estate, and upon
which debt I am now paying interest at the rate of five per cent per annum.
4. And, in further answer to the said petition, I say that I have no income whatever except that
derived from my aforesaid business, that such income, since my said wife left me, which she did on
the day of last, has been considerably
diminished, and that such diminution is likely to continue. And I say that out of my said income, I
have to pay the annual sum of Rs. 100 for such interest as aforesaid to my late father's executors, and
also to support myself and my two oldest children.
________________________________________________________________________________
(a) The Petitioner should state her husband’s income as accurately as possible
22
-----
5. And, in further answer to the said petition, I say that, when my wife left, my dwelling-house on
the day of last,
she took with her, and has ever since withheld and still withholds from me, plate, watches and other
effects in the second paragraph of this my answer mentioned, of the value of, as I verily believe,
Rs. 800 at the least; and I also say “that, within five days of her departure from my house as aforesaid,
my said wife received bills due to me from certain lodgers of mine, amounting in the aggregate to
Rs. and that she has ever since withheld and still withholds from me the
same sum.
(Signed) A.B.
_______
No. 14.—UNDERTAKING by minor’s next friend to be answerable for respondent’s costs
(See _section 49)_
In the (High) Court of I,
the undersigned A.B., of being the next friend of C.D.
who is a minor, and who is desirous of filing a petition in this Court, under the Indian Divorce Act,
against D.D. of, hereby undertake to be responsible for the costs of
the said _D.D. in such suit, and that, if the said_ _C.D. fail to pay to the said_ _D.D._ when and in such
manner as the court shall order all such costs of such suit as the court shall direct him [or her] to pay
to the said D.D., will forthwith pay the same to the proper officer of this court.
Dated this. day of 186 .
(Signed) A.B.
_______
23
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|
19-Mar-1869 | 14 | The Bombay Civil Courts Act, 1869 | https://www.indiacode.nic.in/bitstream/123456789/2291/1/a1869-14.pdf | central | Preamble.
SECTIONS
# THE BOMBAY CIVIL COURTS’ ACT, 1869
_________
ARRANGEMENT OF SECTIONS
________
PART I.—Preliminary.
1. Short title. Extent of Act.
2. [Repealed.].
PART II.—Districts and Sadr Stations.
3. Alteration and creation of Districts.
4. Position of Sadr station.
PART III.—District Courts.
5. District Judges.
First District Judges.
6. Situation of District Court.
7. Original jurisdiction of District Judge.
8. His appellate jurisdiction.
9. Control and inspection of Courts.
10. Writs and orders. Reports and returns.
11. Seal of District Judge.
PART IV.—Joint Judges.
12. Power to appoint Joint Judges.
13. Enactments applying to District Judge to apply to Joint Judge. Joint Judge’s seal.
PART V.—Assistant Judges.
14. Power to appoint Assistant Judges.
15. Situation of Assistant Judge’s Court.
16. Original jurisdiction of Assistant Judge.
17. Appellate jurisdiction of Assistant Judge.
18. Continuance of Assistant Judge’s appellate jurisdiction.
19. Power to invest Assistant Judge with powers of District Judge.
20. Assistant Judge to use seal of District Judge.
PART VI.—Subordinate Judges.
21. Number of Subordinate Civil Courts.
22. Appointment of Subordinate Judges.
22A. Power to fix local limits of Jurisdiction of Subordinate Judges.
23. Situation of Subordinate Courts.
24. Classes of Subordinate Judges.
Jurisdiction of Subordinate Judge of first class.
Jurisdiction of Subordinate Judge of second class.
25. Special jurisdiction of Subordinate Judge of first class.
Subject to verification and confirmation by the Department.
-----
SECTIONS
26. Appeals from his decision.
27. Appellate jurisdiction of Subordinate Judge of first class.
28. Power to invest Subordinate Judges with small cause powers.
29. Seal of Subordinate Judge.
30. [Repealed.].
31. [Repealed.].
32. Reference of Government suits.
_Removal or suspension._
33. Commission of enquiry into alleged misconduct.
34. Suspension of Subordinate Judges by High Court or District Judge.
Saving of power of Government to suspend or dismiss.
PART VII.—Temporary vacancies.
35. Temporary vacancy of office of District Judge.
36. Delegation of powers of District Judge.
37. Temporary vacancy of office of Subordinate Judge.
PART VIII.—Ministerial Officers.
38. Appointment, etc., of ministerial officers.
39. Duties of ministerial officers.
40. Power to appoint Clerks of the Courts.
PART IX.—Miscellaneous.
41. Rules for keeping proceedings.
42. Fees for process.
43. Sittings of Courts.
Vacation.
SCHEDULE.—[Repealed.].
-----
# THE BOMBAY CIVIL COURTS’ ACT, 1869
# ACT NO. 14 OF 1869
[19th March, 1869.]
# An Act to consolidate and amend the law relating to the District and Subordinate Civil Courts in
the Presidency of Bombay.
**Preamble.—Whereas it is expedient to consolidate and amend the law relating to the District and**
other subordinate Civil Courts in the Presidency of Bombay; It is hereby enacted as follows:—
PART I.—Preliminary.
**1. Short title. Extent of Act.—This Act may be called “The Bombay Civil Courts’ Act, 1869,” and**
extends only to the territories (other than Sind) under the Government of the Governor of Bombay in
Council in which the Code of Civil Procedure is now in force. But the Governor of Bombay in Council
may, by notification in the Government Gazette, extend this Act to any other of the territories under such
Government in which the said Code is not in force, or to Sind.
**2.** [Repeal of enactments].—Rep. by the Obsolete enactments Act, 1870 (14 _of 1870),_ _s. 1_ _and_
_Schedule, Part_ _II (w.e.f. 5-4-1870)._
PART II.—Districts and Sadr Stations.
**3. Alteration and creation of Districts.—The Governor of Bombay in Council may from time to**
time, by notification in the Government Gazette, alter the limits of existing Zilas (which shall hereafter be
called Districts) and create new Districts for the purposes of this Act.
**4. Position of Sadr station.—The Governor of Bombay in Council may also from time to time, by**
notification in the Government Gazette, alter the position of the Sadr station in any District, and fix the
position of the Sadr station in any new District.
PART III.—District Courts.
**5. District Judges.—There shall be in each District a District Court presided over by a Judge to be**
called the District Judge. He shall be appointed by the Governor of Bombay in Council by whose
authority only he shall be liable to be suspended or removed from his appointment.
1* ***** ***** ***** *****
**6. Situation of District Court.—The District Judge shall ordinarily hold the District Court at the**
Sadr station in his District, but may, with the previous sanction of the High Court, hold it elsewhere
within the District.
**7. Original jurisdiction of District Judge.—The District Court shall be the principal Court of**
original civil jurisdiction in the District, within the meaning of the Code of Civil Procedure.
**8. His appellate jurisdiction.—Except as provided in sections sixteen, seventeen and twenty-six, the**
District Court shall be the Court of Appeal from all decrees and orders passed by the Subordinate Courts
from which an appeal lies under any law for the time being in force.
**9. Control and inspection of Courts.—The District Judge shall have general control over all the**
Civil Courts and their establishments within the District, and it shall be his duty to inspect, or to cause one
of his Assistants to inspect, the proceedings of all the Courts subordinate to him, and to give such
directions with respect to matters not provided for by law as he may think necessary. The District Judge
shall also refer to the High Court all such matters as appear to him to require that a rule of that Court
should be made thereon.
1. The second paragraph of s. 5 rep. by Act 12 of 1876, s. 1 and Schedule, Part I (w.e.f. 11-4-1876).
-----
**10. Writs and orders. Reports and returns.—The District Judge shall obey all writs, orders, or**
processes issued to him by the High Court, and shall make such returns or reports thereto under his
signature and the seal of the Court as the exigencies of the case require. He shall further furnish such
reports and returns and copies of proceedings as may be called for by the High Court or the Governor of
Bombay in Council.
**11. Seal of District Judge.—The District Judge shall use a circular seal two inches in diameter,**
which shall bear thereon the. Royal Arms with the following inscription in English and the principal
language of the District—“District Court of .”
PART IV.—Joint Judges.
**12. Power to appoint Joint Judges.—The Governor of Bombay in Council may, with the previous**
sanction of the Governor General of India in Council, appoint in any District a Joint Judge who shall be
invested with co-extensive powers and a concurrent jurisdiction with the District Judge, except that he
shall not keep a file of civil suits and shall transact such civil business only as he may receive from the
District Judge, or as may have been referred to the Joint Judge by order of the High Court.
When the appointment of a Joint Judge shall have been sanctioned by the Governor General of India
in Council, the Governor of Bombay in Council may, so long as such sanction continues in force, appoint
a successor to such Joint Judge in case his office becomes vacant, or transfer such Joint Judge from one
District to another; and in such other District the Joint Judge so transferred shall have the same powers as
he had in the former District.
**13. Enactments applying to District Judge to apply to Joint Judge. Joint Judge’s seal.—All**
Regulations and Acts now or hereafter in force and applying to a District Judge shall be deemed to apply
also to the Joint Judge; and the seal of the Joint Judge shall be the same as is used by the District Judge.
PART V.—Assistant Judges.
**14. Power to appoint Assistant Judges.—The Governor of Bombay in Council, under the general**
control of the Governor General of India in Council, may appoint one or more Assistants to the District
Judge, and may suspend or remove from his appointment any Assistant so appointed.
1* - - -
**15. Situation of Assistant Judge’s Court.—An Assistant Judge shall ordinarily hold his Court at the**
same place as the District Judge, but he may hold his Court elsewhere within the District, whenever the
District Judge shall, with the previous sanction of the High Court, direct him so to do.
**16. Original jurisdiction of Assistant Judge.—The District Judge may refer to any Assistant Judge**
subordinate to him original suits of which the subject-matter does not amount to ten thousand rupees in
amount or value, and miscellaneous applications not being of the nature of appeals. The Assistant Judge
shall have jurisdiction to try such suits and to dispose of such applications. Where the Assistant Judge’s
decrees and orders in such cases are appealable, the appeal shall lie to the District Judge or to the High
Court according as the amount or value of the subject-matter does not exceed or exceeds five thousand
rupees.
The Assistant Judge shall, when directed by the District Judge so to do, also take evidence on
applications for certificates under [2]*** Act No. XX of 1864 (for making better provision for the care of
_the persons and property of minors in the Presidency of Bombay), and shall forward it with his opinion_
thereon for the final orders of the District Judge.
**17. Appellate jurisdiction of Assistant Judge.—The Governor of Bombay in Council may, by**
notification in the Government Gazette, empower any Assistant Judge to try such appeals from the
decrees and orders of the subordinate Courts as would lie to the District Judge and as may be referred by
him to the Assistant Judge.
1. The second paragraph of s. 14 rep. by Act 12 of 1876, s. 1 and Schedule, Part I (w.e.f. 11-4-1876).
2. Certain words repealed by Act 7 of 1889, s. 2 and the First Schedule (w.e.f. 8-3-1889).
-----
Decrees and orders passed under this section by an Assistant Judge shall have the same force and
shall be subject to the same rules as regards procedure and appeals as decrees and orders passed by the
District Judge.
**18. Continuance of Assistant Judge’s appellate jurisdiction.—A person filling the office of**
Assistant Judge, on whom the power of hearing appeals has once been conferred under section seventeen,
shall continue to have this power so long and so often as he may fill the office of Assistant Judge, without
reference to the District in which he may be employed; provided that the Governor of Bombay in Council
may, by notification in the Government Gazette, at any time withdraw such power.
**19. Power to invest Assistant Judge with powers of District Judge.—The Governor of Bombay in**
Council may, by notification in the Government Gazette, invest an Assistant Judge with all or any of the
powers of a District Judge within a particular part of a District, and may, by like notification, from time to
time determine and alter the limits of such Part.
The jurisdiction of an Assistant Judge so invested shall _pro tanto exclude the jurisdiction of the_
District Judge from within the said limits.
Every Assistant Judge so invested shall ordinarily hold his Court at such place within the local limits
of his jurisdiction as may be determined by the Governor of Bombay in Council, and may, with the
previous sanction of the High Court, hold it at any other place within such limits.
**20. Assistant Judge to use seal of District Judge.—Every Assistant Judge shall use the seal of the**
District Judge to whom he is Assistant.
PART VI.—Subordinate Judges.
**21. Number of Subordinate Civil Courts.—There shall be in each District so many Civil Courts**
subordinate to the District Court as the Governor of Bombay in Council, acting under the general control
of the Governor General of India in Council, shall from time to time direct.
**22. Appointment of Subordinate Judges.—The Judges of such subordinate Courts shall be**
appointed by the Governor of Bombay in Council, and shall be called Subordinate Judges.
No person shall be appointed a Subordinate Judge unless he be a subject of the Queen who has
practised five years as an Advocate of a High Court in India or as a Vakil in the High Court of Judicature
in Bombay, or who has qualified for the duties of a Subordinate Judge according to such tests as may for
the time being be prescribed by such High Court, or who has taken the degree of Bachelor of Laws in the
University of Bombay.
The tests so prescribed by the High Court shall be notified in the Government Gazette.
1[22A. Power to fix local limits of jurisdiction of Subordinate Judges.—The Governor of Bombay
in Council may, by notification in the Official Gazette, fix, and, by a like notification, from time to time
alter, the local limits of the ordinary jurisdiction of the Subordinate Judges.]
**23. Situation of Subordinate Courts.—The Subordinate Judges shall hold their Courts at such place**
or places as the Governor of Bombay in Council may from time to time appoint, within the local limits of
their respective jurisdictions. Wherever more than one such place is appointed, the District Judge shall,
subject to the control of the High Court, fix the days on which the Subordinate Judge shall hold his Court
at each of such places, and the Subordinate Judge shall cause such days to be duly notified throughout the
local limits of his jurisdiction.
The same person may be the Judge of more than one Subordinate Court; and in such cases the District
Judge shall, subject to the control of the High Court, prescribe rules for regulating the time during which
the Subordinate Judge shall sit in each Court.
The Judge of any Subordinate Court may, with the previous sanction of the High Court, be deputed
by the District Judge to the Court of another Subordinate Judge for the purpose of assisting him in the
disposal of the suits on his file.
1. Ins. by Act 9 of 1880, s. 2 (w.e.f. 30-4-1880).
-----
**24. Classes of Subordinate Judges.—The Subordinate Judges shall be of two classes.**
**Jurisdiction of Subordinate Judge of first class.—The jurisdiction of a Subordinate Judge of the**
first class extends to all original suits and proceedings of a civil nature.
**Jurisdiction of Subordinate Judge of second class.—The jurisdiction of a Subordinate Judge of the**
second class extends to all original suits and proceedings of a civil nature wherein the subject-matter does
not exceed in amount or value five thousand rupees.
**25. Special jurisdiction of Subordinate Judge of first class.—A Subordinate Judge of the first**
class, in addition to his ordinary jurisdiction, shall exercise a special jurisdiction in respect of such suits
and proceedings of a civil nature wherein the subject-matter exceeds five thousand rupees in amount or
value as may arise within the local jurisdictions of the Courts in the District presided over by Subordinate
Judges of the second class.
In Districts to which more than one Subordinate Judge of the first class have been appointed, the
District Judge, subject to the orders of the High Court, shall assign to each the local limits within which
his said special jurisdiction is to be exercised.
**26. Appeals from his decision.—In all suits decided by a Subordinate Judge [1]*** of which the**
amount or value of the subject-matter exceeds five thousand rupees, the appeal from his decision shall be
direct to the High Court.
**27. Appellate jurisdiction of Subordinate Judge of first class.—The Governor of Bombay in**
Council may invest any Subordinate Judge of the first class with power to hear appeals from such decrees
and orders of Subordinate Courts as may be referred to him by the Judge of the District.
Decrees and orders so passed in appeal by a Subordinate Judge of the first class shall have the same
force as if passed by a District Judge.
The Governor of Bombay in Council may, whenever he thinks fit, withdraw such jurisdiction from
any Subordinate Judge so invested.
**28. Power to invest Subordinate Judges with small cause powers.—The Governor of Bombay in**
Council may invest, within such local limits as he shall from time to time appoint, any Subordinate Judge
of the first class with the jurisdiction of a Judge of a Court of Small Causes, for the trial of suits
cognizable by such Courts up to the amount of five hundred rupees, and any Subordinate Judge of the
second class with the same jurisdiction up to the amount of fifty rupees.
The Governor of Bombay in Council may, whenever he thinks fit, withdraw such jurisdiction from
any Subordinate Judge so invested.
**29. Seal of Subordinate Judge.—Each Subordinate Judge shall use a seal one inch and a half in**
diameter, bearing the Royal Crown with the following inscription in English and the principal language of
the District—“Subordinate Judge of .”
**30.** [First Subordinate Judges of first class].—Rep. by the Obsolete Enactments Act, 1876
(12 of 1876), s. 1 and Schedule, Part I (w.e.f. 11-4-1876).
**31. [Pending proceedings].—Rep. by s. 1 and Schedule, Part I, ibid. (w.e.f. 11-4-1876).**
**32. Reference of Government suits.—** [2][No Subordinate Judge or Court of Small Causes shall
receive or register a suit in which the Government or any officer of Government in his official capacity is
a party, but in every such case such Judge or Court shall refer the plaintiff to the District Judge, in whose
Court alone (subject to the provisions of section nineteen) such suit shall be instituted.]
1. The words “of the first class in the exercise of his ordinary and special original jurisdiction” omitted by Act 28 of 1930,
s. 2 (w.e.f. 25-7-1930).
2. Subs. by Act 10 of 1876, s. 15, for certain words (w.e.f. 28-3-1876).
-----
1[Provided that nothing in this section shall be deemed to apply to any suit merely because—
(a) a municipal corporation constituted under Bombay Act No. VI of 1873, or any other
enactment for the time being in force, is a party to such suit and an officer of Government is in his
official capacity a member of such corporation, or
(b) an officer of a Court appointed under the Code of Civil Procedure, section 456, last paragraph,
2*** a party to such suit.]
_Removal or suspension._
**33. Commission of enquiry into alleged misconduct.—Whenever the High Court is of opinion that**
there are good grounds for making a formal and public enquiry into the truth of any imputation of
misconduct by any Subordinate Judge, the High Court may appoint a Commissioner or Commissioners
for the purpose of holding such an enquiry, and on the receipt of his or their report may order that the
Subordinate Judge be removed or suspended from office, or reduced to a lower class.
The provisions of Act No. XXXVII of 1850 (for regulating enquiries into the behaviour of public
servants) shall apply to enquiries under this section, the powers conferred by that Act on the Government
being exercised by the High Court.
**34. Suspension of Subordinate Judges by High Court or District Judge.—The High Court may**
suspend any Subordinate Judge from office pending the result of an enquiry into his behaviour under this
section.
Any District Judge may, whenever he sees urgent necessity for so doing, suspend from office any
Subordinate Judge under his control. But whenever the District Judge suspends any such Subordinate
Judge, he shall forthwith report the case for the orders of the High Court.
**Saving of power of Government to suspend or dismiss.—Nothing in this section or in section**
thirty-three shall be held to interfere with the right of Government to suspend, or remove from office, any
Subordinate Judge at their discretion.
PART VII.—Temporary vacancies.
**35. Temporary vacancy of office of District Judge.—In the event of the death of the District Judge**
or of his being prevented from performing his duties by illness or other casualty, or of his absence from
his District on leave, the first in rank of the Assistant Judges in the District, or in the absence from the
District of an Assistant Judge the first in rank of the Subordinate Judges, shall assume charge of the
District Court without interruption to his ordinary jurisdiction, and while so in charge shall perform the
duties of a District judge with respect to the filing of suits and appeals, receiving pleadings, execution of
processes, return of writs and the like, and shall be designated Assistant Judge or Subordinate Judge, as
the case may be, in charge of the District, and shall continue in such charge until the office of District
Judge may be resumed or assumed by an officer duly appointed thereto.
**36. Delegation of powers of District Judge.—Any District Judge leaving the Sadr station and**
proceeding on duty to any place within his District, may delegate to an Assistant Judge, or in the absence
of an Assistant Judge to a Subordinate Judge at the Sadr station, the power of performing such of the
duties enumerated in section thirty-five as may be emergent; and such officer shall be designated
Assistant or Subordinate Judge, as the case may be, in charge of the Sadr station.
**37. Temporary vacancy of office of Subordinate Judge.—In the event of the death, suspension or**
temporary absence of any Subordinate Judge, the District Judge may empower the Judge of any
Subordinate Court of the same District to perform the duties of the Judge of the vacated Subordinate
Court, either at the place of such Court or of his own Court; but in every such case the Registers and
Records of the two Courts shall be kept distinct.
1. Added by Act 15 of 1880, s. 3 (w.e.f. 3-11-1880).
2. Certain words rep. by Act 12 of 1891, s. 2 and the First Schedule, Part I (w.e.f. 21-3-1891).
-----
PART VIII.—Ministerial Officers.
**38. Appointment, etc., of ministerial officers.—All ministerial officers of the Civil Courts in each**
District shall be appointed, and may be fined, suspended or dismissed by the District Judge, subject to
such rules as the High Court may from time to time prescribe:
Provided that the Judge of every Subordinate Court may, subject to the like rules, appoint the
ministerial officers of such Court, whose salaries do not exceed rupees ten per mensem, and may by order
find, suspend or dismiss any ministerial officer of such Court who is guilty of any misconduct or neglect
in the performance of the duties of his office. Every such order shall be subject to appeal to the District
Judge; and the roles for the time being applicable to appeals to the Court of Session from orders of the
Criminal Courts subordinate thereto, shall apply to all appeals under this section.
Nothing in this section shall exempt the offender from any penal or other consequences to which he
may be liable under any other law in force for the time being.
**39. Duties of ministerial officers.—The duties of the said ministerial officers shall be regulated by**
such rules as the High Court may from time to time prescribe.
**40. Power to appoint Clerks of the Courts.—The Governor of Bombay in Council may, under the**
general control of the Governor General of India in Council, appoint to any Civil Court under this Act a
Clerk of the Court who, in addition to such duties as may from time to time be prescribed by the High
Court, may receive and register plaints, and shall refer such as he may consider should be refused for the
orders of the Judge of the Court, and may sign all processes, and authenticate copies of papers.
PART IX.—Miscellaneous.
**41. Rules for keeping proceedings.—The proceedings of each Civil Court shall be kept and**
recorded according to such rules as the High Court may from time to time prescribe. The High Court shall
also lay down rules under which copies of papers may be granted.
**42. Fees for process.—The High Court shall from time to time, with the sanction of the Governor of**
Bombay in Council, prescribe and regulate the fees to be taken for any process issued by any Court the
constitution of which is declared by this Act, or by any officer of such Court.
Tables of the fees so prescribed shall be published in the Government Gazette.
**43. Sittings of Courts.—The District and Subordinate Courts shall sit from day to day, except on**
Sundays, New Year's Day, Good Friday, Christmas Day, and Her Majesty’s Birth Day, and such other
days as may be sanctioned for each or every District by the High Court.
**Vacation.—The High Court may also permit the Civil Courts under its control to adjourn for a period**
or periods not exceeding in the whole six weeks in each year.
[SCHEDULE].—Rep. by the Obsolete enactments Act, 1870 (14 of 1870), s. 1 and Schedule, Part II
(w.e.f. 5-4-1870).
__________
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|
11-Mar-1870 | 07 | The Court-Fees Act, 1870 | https://www.indiacode.nic.in/bitstream/123456789/2293/3/A1870-7.pdf | central | # THE COURT-FEES ACT, 1870
__________
ARRANGEMENT OF SECTIONS
__________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title.
Extent of Act.
Commencement of Act.
1A. Definition of “appropriate Government”.
2. [Repealed.].
CHAPTER II
FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES
AT THE PRESIDENCY-TOWNS
3. Levy of fees in High Courts on their original sides.
Levy of fees in Presidency Small Cause Courts.
4. Fees on documents filed, etc., in High Courts in their extraordinary jurisdiction.
In their appellate jurisdiction.
As courts of reference and revision.
5. Procedure in case of difference as to necessity or amount of fee.
CHAPTER III
FEES IN OTHER COURTS AND IN PUBLIC OFFICES
6. Fees on documents filed, etc., in Mufassal Courts or in public offices.
7. Computation of fees payable in certain suits.
(i) for money.
(ii) for maintenance and annuities .
(iii) for other movable property having a market-value.
(iv) (a) for movable property of no market-value.
(b) to enforce a right to share in joint family property.
(c) for a declaratory decree and consequential relief.
(d) for an injunction.
(e) for easements.
(f) for accounts.
(v) for possession of land, houses and gardens.
Proviso as to Bombay Presidency.
for houses and gardens .
(vi) to enforce a right of pre-emption.
(vii) for interest of assignee of land-revenue.
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SECTIONS
(viii) to set aside an attachment.
(ix) to redeem.
to foreclose.
(x) for specific performance .
(xi) between landlord and tenant.
8. Fee on memorandum of appeal against order relating to compensation.
9. Power to ascertain net profits or market-value.
10. Procedure where net profits or market-value wrongly estimated.
11. Procedure in suits for mesne profits or account when amount decreed exceeds amount
claimed.
12. Decision of questions as to valuation.
13. Refund of fee paid on memorandum of appeal.
14. Refund of fee on application for review of judgment.
15. Refund where Court reverses or modifies its former decision on ground of mistake.
16. Refund of fee.
17. Multifarious suits.
18. Written examinations of complainants.
19. Exemption of certain documents.
CHAPTER IIIA
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION
19A. Relief where too high a court-fee has been paid.
19B. Relief where debts due from a deceased person have been paid out of his estate.
19C. Relief in case of several grants.
19D. Probates declared valid as to trust-property though not covered by court-fee.
19E. Provision for case where too low a court-fee has been paid on probates, etc.
19F. Administrator to give proper security before letters stamped under section 19E.
19G. Executors, etc., not paying full court-fee on probates, etc., within six months after
discovery of under-payment.
19H. Notice of applications for probate or letters of administration to be given to Revenue
authorities, and procedure thereon.
19I. Payment of court-fees in respect of probates and letters of administration.
19J. Recovery of penalties, etc.
19K. Sections 6 and 28 not to apply to probates or letters of administration.
CHAPTER IV
PROCESS-FEES
20. Rules as to cost of processes.
Confirmation and publication of rules.
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SECTIONS
21. Tables of process-fees.
22. Number of peons in District and subordinate Courts.
Number of peons in Mufassal Small cause Courts.
23. Number of peons in Revenue Courts.
24. [Repealed.].
CHAPTER V
OF THE MODE OF LEVYING FEES
25. Collection of fees by stamps.
26. Stamps to be impressed or adhesive.
27. Rules for supply, number, renewal and keeping accounts of stamps.
28. Stamping documents inadvertently received.
29. Amended document.
30. Cancellation of stamp.
CHAPTER VI
MISCELLANEOUS
31. [Repealed.].
32. [Repealed.].
33. Admission in criminal cases of documents for which proper fee has not been paid.
34. Sale of stamps.
35. Power to reduce or remit fees.
36. Saving of fees to certain officers of High Courts.
SCHEDULE I.— _AD VALOREM FEES_
TABLE OF RATES OF AD VALOREM FEES LEVIABLE ON THE
INSTITUTION OF SUITS.
SCHEDULE II. — FIXED FEES
SCHEDULE III. — FORM OF VALUATION (TO BE USED WITH SUCH MODIFICATIONS, IF ANY,
AS MAY BE NECESSARY)
ANNEXURE A.— VALUATION OF THE MOVABLE AND IMMOVABLE
PROPERTY OF DECEASED.
ANNEXURE B.—SCHEDULE OF DEBTS, ETC.
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# THE COURT-FEES ACT, 1870
ACT NO. 7 OF 1870[1]
CHAPTER I
PRELIMINARY
**1. Short title.—This Act may be called the Court-fees Act, 1870.**
[11th March, 1870.]
**Extent of Act.—It extends to the whole of India except [2][the territories which, immediately before**
the 1st November, 1956, were comprised in Part B States];
**Commencement of Act.—And it shall come into force on the first day of April, 1870.**
3[1A. Definition of “appropriate Government”.—In this Act “the appropriate Government”
means, in relation to fees or stamps relating to documents presented or to be presented before any
officer serving under the Central Government, that Government, and in relation to any other fees
or stamps, the State Government.]
42. [“Chief Controlling Revenue-authority” defined.] Rep. by the A. O. 1937.
1. It has been declared inapplicable to proceedings before officers making a settlement, and in certain other cases under the Sonthal
Parganas Settlement Regulation, 1872 (Reg. 3 of 1872), s. 8, as amended by the Sonthal Parganas Justice and Laws Regulation, 1899
(Reg. 3 of 1899).
It has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I
(w.e.f. 1-7-1965), to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch., and to the whole of Union territory of
Lakshadweep by Reg. 8 of 1863, s. 3 and Sch., with modification (w.e.f. 1-10-1967).
It has been amended in—
Ajmer-Merwara by Act 31 of 1930;
Assam by Assam Acts 4 of 1922, 3 of 1932, 18 of 1947, 8 of 1950, 27 of 1954, 22 of 1955, 3 of 1958, 19 of 1958, 12 of 1960
and 28 of 1972;
Bengal by Bengal Acts 3 of 1898, 4 of 1922, 6 of 1922, 7 of 1935, 11 of 1935 and 3 of 1941;
Bihar by Bihar Acts 17 of 1939 and 7 of 1958.
Bihar and Orissa by B. & O. Act 2 of 1922;
Bombay by Bombay Acts 2 of 1932 and 15 of 1943;
C.P. by C.P. Act 16 of 1935;
C.P. and Berar by C.P. and Berar Acts 9 of 1938, 16 of 1940, 9 of 1941, 5 of 1945 and 7 of 1948 and M.P. Acts 4 and 38 of
1950, 13 and 22 of 1951 and 9 of 1953;
Himachal Pradesh by H.P. Act 4 of 1952;
Madras by Madras Acts 5 of 1922 and 17 of 1945;
Orissa by Orissa Acts 5 of 1939, 4 of 1945, 13 of 1957, 12 of 1974 and 55 of 1975;
Punjab by Act 17 of 1887 and Punjab Acts 7 of 1922, 1 of 1942, E.P. Act 26 of 1949 and Pun. Act 31 of 1953,
19 of 1957, 20 of 1960 and 9 of 1979;
U.P. by U.P. Acts 12 of 1922, 3 of 1933, 2 of 1936, 19 of 1938, 9 of 1941, 14 of 1942, 8 of 1943, 5 of 1944, 14 of
1948, 28 of 1957, 10 of 1959, 34 of 1970 and 9 of 1975;
Andaman and Nicobar Islands by Reg. 2 of 1957;
Meghalaya by Meghalaya Acts 2 of 1973 and 5 of 1973;
Madhya Pradesh by Madhya Pradesh Acts 24 of 1975 and 4 of 1976;
Delhi by Central Act 28 of 1967; and
Haryana by Haryana Acts 11 of 1974 and 22 of 1974.
The Act has been repealed in its application to Bombay area and Coorg district of Mysore by Mysore Act 16 of 1958.
It has been repealed in part in partially excluded areas in Madras and Koraput by Madras Reg. 6 of 1940 and Orissa Reg. 7 of 1943,
respectively.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
3. Ins. by the A.O. 1937.
4. The Original s. 2 relating to repeal of enactments was rep. by the Repealing Act, 1870 (14 of 1870). A section defining “Chief
Controlling Revenue-authority” was added by s. 2 of the Court-fees (Amendment) Act, 1901 (10 of 1901), and was slightly amended
by the Repealing and Amending Act, 1917 (24 of 1917). For the definition of the “Chief Controlling Revenue-authority” see now the
General Clauses Act, 1897 (10 of 1897), s. 3 (10).
The A.O. 1937 rep. s. 2 as in force elsewhere than in Bengal. In that Province the section subs. by the Court-fees (Bengal
Amendment) Act, 1935 (Ben. 7 of 1935), s. 3 contains definitions of “appeal”, “Chief Controlling Revenue-authority”,
“Collector” and “Suit”.
4
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**STATE AMENDMENT**
**Orissa**
**Amendment of section 2 of Act (7 of 1870).—For section 2 of the Court Fees Act, 1870, hereinafter**
called the principal Act, the following section shall be substituted:—
“2. Definition.—In this Act, unless there is anything repugnant in the subject or context,—
(1) ‘appeal’ includes a cross objection;
(2) ‘suit’ includes an appeal from a decree except in section 8-A.”
[Vide Orissa Act 5 of 1939, s. 3]
CHAPTER II
FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES
AT THE PRESIDENCY-TOWNS
**3. Levy of fees in High Courts on their original sides.—The fees payable for the time being to the**
clerks and officers (other than the Sheriffs and attorneys) of [1][the [2][High Courts other than those of
Kerala, Mysore and Rajasthan]],
or chargeable in each of such Courts under No. 11 of the first, and Nos. 7, 12, 14, [3]***
20 and 21 of the second, schedule to this Act annexed;
**Levy of fees in Presidency Small Cause Courts.—and the fees for the time being chargeable in the**
Courts of Small Causes at the [4]presidency-towns, and their several offices;
shall be collected in manner hereinafter appearing.
**4. Fees on documents filed, etc., in High Courts, in their extraordinary jurisdiction.—No**
document of any of the kinds specified in the first or second schedule to this Act annexed, as chargeable
with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the said
High Courts in any case coming before such Court in the exercise of its extraordinary original civil
jurisdiction;
or in the exercise of its extraordinary original criminal jurisdiction;
**In their appellate jurisdiction.—or in the exercise of its jurisdiction as regards appeals from the**
5[judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of the
Court) of one] or more Judges of the said Court, or of a Division Court;
or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence;
**As Courts of reference and revision.—or in the exercise of its jurisdiction as a Court of reference or**
revision;
unless in respect of such document there be paid a fee of an amount not less than that indicated by
either of the said schedules as the proper fee for such document.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 4 of Act VII of 1870.—In the marginal heading to the first clause of**
section 4 of the Court Fees Act, 1870, as amended from time to time in its application to Uttar Pradesh for
the words “in the High Courts in their ordinary or extraordinary jurisdiction “ shall be substitution.
[Vide Uttar Pradesh Act X of 1959, s. 2]
1. Subs by the A.O.1950, for “the Courts which are High Courts for the purposes of the Government of India Act, 1935”.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “High Courts for Part A States”.
3. The number “16” rep. by Act 12 of 1891.
4. See the Presidency Small Cause Courts Act, 1882 (15 of 1882), Ch. X.
5. Subs. by Act 19 of 1922, s. 2, for “judgment of two”.
5
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**Amendment of section 4 of Act VII of 1870.—In section 4 of the Court Fees Act, 1870, as amended**
from time to time in its application to Uttar Pradesh—
(1) for the words “any of the said High Courts”, the words “the High Court of Judicature at
Allahabad” shall be substituted;
(2) between the words “in the exercise of its” and the words “extraordinary original civil
jurisdiction”, the words “ordinary or” shall be inserted;
(3) between the words “in the exercise of its” and the words “extraordinary original criminal
jurisdiction”, the words “ordinary or” shall be inserted; and
(4) after the sub-paragraph “or in the exercise of its jurisdiction as a Court of reference or
revision”, the following sub-paragraphs shall be added—
“Or in the exercise of its jurisdiction to issue direction the exercise of nation, orders or writs
under the jurisdiction to issue Constitution of India;
Or in the exercise of jurisdiction in any other in the exercise of any other jurisdiction matter.”
[Vide Uttar Pradesh Act X of 1959, s. 3]
**5. Procedure in case of difference as to necessity or amount of fee.—When any difference arises**
between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or
attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference
arises in any of the said High Courts, be referred to the taxing-officer, whose decision thereon shall be
final, except when the question is, in his opinion, one of general importance, in which case he shall refer
it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the
Chief Justice shall appoint either generally or specially in this behalf.
When any such difference arises in any of the said Courts of Small Causes, the question shall be
referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in
his opinion, one of general importance, in which case he shall refer it to the final decision of the first
Judge of such Court.
The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph
of this section.
CHAPTER III
FEES IN OTHER COURTS AND IN PUBLIC OFFICES
**6. Fees on documents filed, etc., in Mufassal Courts or in public offices.—Except in the**
Courts hereinbefore mentioned, no document of any of the kinds specified as chargeable in the first
or second schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice,
or shall be received or furnished by any public officer, unless in respect of such document there be
paid a fee of an amount not less than that indicated by either of the said schedules as the proper fee
for such document.
**STATE AMENDMENT**
**Orissa**
**Amendment of section 6 of Act (7 of 1870).--Section 6 of the principal Act shall be re-numbered as**
sub-section (1) of section 6 and, after the said sub-section, the following sub-section shall be inserted:—
“(2) Notwithstanding anything contained in sub-section (1), the Provincial Government may, by
notification, direct that a copy of a document, specified as chargeable in Schedules I and II to this
Act annexed, shall be furnished by a public officer without payment of the fee indicated by either of
the said Schedules as the proper fee for such copy and the copy so furnished shall be chargeable
with the requisite fee only when it is filed, exhibited or recorded in any Court of justice or received
by a public officer as mentioned in sub-section (1).”
[Vide Orissa Act 5 of 1939, s. 4]
6
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**STATE AMENDMENT**
# Uttar Pradesh
Amendment of section 6 of Act (7 of 1870).—In section 6 of the Court Fees Act, 1870 as
amended in its application to Uttar Pradesh, hereinafter, in this Chapter referred to as the principal
Act,—
(a) in sub-section (1), in the first proviso, for the words “the United” Provinces Tenancy Act,
1939, or the United Provinces Land Revenue Act, 1901”, the words “any law relation to land
tenures or land revenue shall be substituted;
(b) in sub-section (6), for the words “Chief Inspector of Stamps” the words “Commission of
Stamps” shall be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 2]
**Amendment of section 6-A.—In section 6-A of the principal Act, in sub-section (3), for the**
words “Chief Inspector of Stamps”, the words “Commissioners of Stamps” shall be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 3]
**Amendment of section 6-B.—In section 6-B of the principal Act, in sub-section (1), for the**
words “Chief Inspector of Stamps”, the words “Commissioner of Stamps” shall be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 4]
**7. Computation of fees payable in certain suits.—The** amount of fee payable under this Act in the
suits next hereinafter mentioned shall be computed as follows:—
**for money.—(i) In suits for money (including suits for damages or compensation, or arrears of**
maintenance, of annuities, or of other sums payable periodically)—according to the amount claimed:
**for maintenance and annuities.—(ii) In suits for maintenance and annuities or other sums**
payable periodically—according to the value of the subject-matter of the suit, and such value shall be
deemed to be ten times the amount claimed to be payable for one year:
**for other movable property having a market-value.—(iii) In suits for movable property other**
than money, where the subject-matter has a market-value—according to such value at the date of
presenting the plaint:
(iv) In suits—
**for movable property of no market-value.—(a) for movable property where the subject-**
matter has no market-value, as, for instance, in the case of documents relating to title,
**to enforce a right to share in joint family property.—(b) to enforce the right to share in**
any property on the ground that it is joint family property,
**for a declaratory decree and consequential relief.—(c)** to obtain a declaratory decree or
order, where consequential relief is prayed,
**for an injunction.—(d) to obtain an injunction,**
**for easements.—(e)** for a right to some benefit (not herein otherwise provided for) to arise
out of land, and
**for accounts.—(f) for accounts—**
according to the amount at which the relief sought is valued in the plaint or memorandum
of appeal:
7
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In all such suits the plaintiff shall state the amount at which he values the relief
sought [1]***:
**for possession of land, houses and gardens.—(v) In suits for the possession of land, houses and**
gardens—according to the value of the subject-matter; and such value shall be deemed to be—
where the subject-matter is land, and—
(a) where the land forms an entire estate, or a definite share of an estate, paying annual
revenue to Government,
or forms part of such an estate and is recorded in the Collector’s register as separately
assessed with such revenue,
and such revenue is permanently settled—
ten times the revenue so payable:
(b) where the land forms an entire estate, or a definite share of an estate, paying annual
revenue to Government, or forms part of such estate and is recorded as aforesaid;
and such revenue is settled, but not permanently—
five times the revenue so payable:
(c) where the land pays no such revenue, or has been partially exempted from such payment, or is
charged with any fixed payment in lieu of such revenue,
and nett profits have arisen from the land during the year next before the date of presenting the plaint—
fifteen times such nett profits:
but where no such nett profits have arisen therefrom— the amount at which the Court shall
estimate the land with reference to the value of similar land in the neighbourhood :
(d) where the land forms part of an estate paying revenue to Government, but is not a definite
share of such estate and is not separately assessed as above-mentioned—the market-value of the land:
**Proviso as to Bombay Presidency.—Provided** that, in the [2]territories subject to the Governor of
Bombay in Council, the value of the land shall be deemed to be—
(1) where the land is held on settlement for a period not exceeding thirty years and pays the
full assessment to Government—a sum equal to five times the survey-assessment;
(2) where the land is held on a permanent settlement, or on a settlement for any period
exceeding thirty years, and pays the full assessment to Government—a sum equal to ten times the
survey-assessment; and
(3) where the whole or any part of the annual survey-assessment is remitted—a sum
computed under paragraph (1) or paragraph (2) of this proviso, as the case may be, in
addition to ten times the assessment, or the portion of assessment, so remitted.
_Explanation.—The word “estate”, as used in this paragraph, means any land subject to the_
payment of revenue, for which the proprietor or a farmer or raiyat shall have executed a separate
engagement to Government, or which, in the absence of such engagement, shall have been separately
assessed with revenue:
1. The words “and the provisions of the Code of Civil Procedure, section thirty-one, shall apply as if, for the word ‘claim’, the
words ‘relief sought’, were substituted” omitted by Act 12 of 1891, s. 3 and the First Schedule.
2. See para.8 of the A.O. 1937. In view of this provision the expression “Governor of Bombay in Council” has been left
unmodified.
8
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**for houses and gardens.—(e) Where the subject-matter is a house or garden according to the**
market-value of the house or garden:
**to enforce a right of pre-emption.—(vi) In suits to enforce a right of pre-emption-according to the**
value (computed in accordance with paragraph (v) of this section) of the land, house or garden in respect
of which the right is claimed:
**for interest of assignee of land revenue.—(vii) In suits for the interest of an assignee of land**
revenue—fifteen times his net profits as such for the year next before the date of presenting the plaint:
**to set aside an attachment.—(viii) In suits to set aside an attachment of land or of an interest in land**
or revenue—according to the amount for which the land or interest was attached:
Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be
computed as if the suit were for the possession of such land or interest.
**to redeem.—(ix) In suits against a mortgagee for the recovery of the property mortgaged.**
**to foreclose.—and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made**
by conditional sale, to have the sale declared absolute—
according to the principal money expressed to be secured by the instrument of mortgage :
**for specific performance.—(x) In suits for specific performance—**
(a) of a contract of sale—according to the amount of the consideration :
(b) of a contract of mortgage—according to the amount agreed to be secured :
(c) of a contract of lease—according to the aggregate amount of the fine or premium (if any) and
of the rent agreed to be paid during the first year of the term :
(d) of an award—according to the amount or value of the property in dispute :
**between landlord and tenant.— (xi) In** the following suits between landlord and tenant:—
(a) for the delivery by a tenant of the counterpart of a lease,
(b) to enhance the rent of a tenant having a right of occupancy,
(c) for the delivery by a landlord of a lease,
1[(cc) for the recovery of immovable property from a tenant, including a tenant holding over after
the determination of a tenancy,]
(d) to contest a notice of ejectment,
(e) to recover the occupancy of [2][immovable property] from which a tenant has been illegally
ejected by the landlord, and
(f) for abatement of rent—
according to the amount of the rent of the [2][immovable property] to which the suit refers,
payable for the year next before the date of presenting the plaint.
**STATE AMENDMENT**
**Orissa**
**Amendment of section 7 of Act (7 of 1870).—In section 7 of the principal Act, for the words “in the**
suits next hereinafter mentioned” the words “in the suits next hereinafter mentioned except suits for relief
under section 14 of the Religious Endowments Act, 1863, or under section 91 or section 92 of the Code of
Civil Procedure, 1908”, shall be substituted.
[Vide Orissa Act 5 of 1939, s. 5]
1. Ins. by Act 6 of 1905, s. 2 (1).
2. Subs. by s. 2 (2), ibid., for “land”.
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**Amendment of section 7 of Act (7 of 1870).—In section 7ii of the principal Act, after the words**
“shall be deemed to be the words” “in suits for maintenance five times and in other suits” shall be
inserted.
[Vide Orissa Act 5 of 1939, s. 6]
**Amendment of section iv of Act (7 of 1870).—Clause (b) of section 7iv of the principal Act shall be**
omitted.
[Vide Orissa Act 5 of 1939, s. 7]
**Insertion new paragraph in section 7 of Act (7 of 1870).—In section 7 of the principal Act after**
paragraph iv the following paragraph shall be inserted:—
“iv-A. in a suit for cancellation of a decree for money or other property having a money –value,
or other document securing money or other property having such value,
According to the value of the subject-matter of the suit, and such value shall be deemed to be—
if the whole decree or other document is sought to be cancelled, the amount or the value of the
property for which the decree was passed or the other document executed,
if a part of the decree or other document is sought to be cancelled, such part of the amount or
value of the property.
_Explanation.—In any case where a suit for the cancellation of a whole decree for money or other_
property having a money value, or other document securing money or other property having such
value has to be instituted, but the substantial relief claimed is only in respect of a part of the amount
or the decree was passed or the other document as executed, the value of the subject matter of the suit
shall be deemed to be such part of the amount or value of the property in respect of which the relief is
sought.”
[Vide Orissa Act 5 of 1939, s. 8]
**Amendment** **paragraph v of section 7 of Act (7 of 1870).—In paragraph v of section 7 of the**
principal Act,
(1) in clause (a), for the word “ten” the word “ten” shall be substituted;
(2) in clause (b), for the word “five” the word “ten” shall be substituted;
(3) the following proviso shall be inserted after the existing proviso:—
“Provided further that in suits for possession of land if rules are framed under section 3 of the
Suits Valuation Act, 1887 (7 of 1887), for determining the value for the purposes of jurisdiction, the
value so determined shall be deemed to be the value of the hand for the purposes of this paragraph ;
and
(4) the existing Explanation shall be re-numbered as Explanation I, and, after the
Explanation so re-numbered, the following Explanation shall be added, namely:—
“Explanation II.—In this paragraph, ‘building’ includes a house, out-house, stable, privy, urinal,
shed, hut, wall, and any other such structure, whether of masonry, bricks, wood, mud, metal or any
other material whatsoever.”
[Vide Orissa Act 5 of 1939, s. 9]
**Insertion of new paragraph vi-A in section 7 of Act (7 of 1870).—In section 7 of the principal Act**
after paragraph vi the following paragraph shall be inserted:—
“vi-A. In suits for partition and separate possession of a share of joint family property or of joint
property, or to enforce a right to a share in any property on the ground that it is joint family property
or joint property—
if the plaintiff alleges that he has been excluded from possession of the property of which he
claims to be a coparcener or co-owner-according to the market-value of the share in respect of which
the suit is instituted.
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_Explanation.—The word “possession” for the purposes of this paragraph includes constructive_
possession.”
[Vide Orissa Act 5 of 1939, s. 10]
**Haryana**
**Amendment of section 7 of Act 7 of 1870.—** In section 7 of the Court Fees Act, 1870 (hereinafter
referred to as the principal Act),—
(a) in the first proviso to clause _(iv),_ for the words "thirteen rupees", the words `twenty-five
rupees' shall be substituted ; and
(b) for clause (v), the following clause shall be substituted, namely :—
"(v) in suits for the possession of land, houses and gardens, according to the value of the
subject matter ; and such value shall be deemed to be,—
(a) where the subject matter is land, according to the market value thereof which shall be
deemed to be,—
(i) in the case of land which is irrigated by perennial canal, two thousand rupees per
acre ;
(ii) in the case of land which is irrigated by non-perennial canal or by well, one
thousand and five hundred rupees per acre ;
(iii) in the case of land which is Barani, one thousand rupees per acre ;
(iv) in the case of land which is Sailab or Bhud, seven hundred and fifty rupees per
acre ; and
(v) in the case of land which is Thur, Sem, Banjar or of like nature, five hundred
rupees per acre ; and
(b) where the subject matter is house or garden, according to its market value ;".
[Vide Haryana Act 11 of 1974, s. 2]
**Haryana**
**Amendment of section 7 of Act 7 of 1870.—In section 7 of the Court Fees Act, 1870 (hereinafter**
referred to as the principal Act), for sub-clauses (a) and (b) of clause (r), the (following sub-clauses shall
be substituted, namely :—
"(a) where the subject matter is land other than land situated within municipal limits or Abadi
Deh whether under cultivation or not according to the market value thereof which shall be deemed to
be,—
(i) in the case of land which is irrigated by perennial canal, sixty rupees per acre ;
(ii) in the case of land which is irrigated by non-perennial canal or by well, fifty rupees per
acre ; and
(iii) in the case of land which is Barani, Sailab, Bhud, Thur, Sem, Banjar or of like nature,
thirty rupees per acre ; and
(b) where the subject matter is house, garden, or land situated within municipal limits or Abadi
Deh whether under cultivation or not, according to its market value ; ",
[Vide Haryana Act 22 of 1974, s. 2]
**8. Fee on memorandum of appeal against order relating to compensation.—The amount**
of fee payable under this Act on a memorandum of appeal against an order relating to
compensation under any Act for the time being in force for the [1]acquisition of land for public
1. See now the Land Acquisition Act, 1894 (1 of 1894).
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purposes, shall be computed according to the difference between the amount awarded and the
amount claimed by the appellant.
**STATE AMENDMENT**
**Orissa**
**Insertion of new section 8A in Act (7 of 1870).--After section 8 of the principal Act, the following**
section shall be inserted:—
“8A. Statement of particulars of subject-matters of suits and plaintiff’s valuation thereof.—In
every suit in which an ad _valorem court-fee is payable under this Act on the plaint, the plaintiff shall file_
with the plaint a statement of particulars of the subject-matter of the suit ad his own valuation thereof
unless such particulars and the valuation are contained in the plaint. The statement shall be in such form
and shall contain such particulars as may be prescribed by the Provincial Government by notification in
the Gazette. In every such suit the plaintiff shall also, if the Court so directs, file a duplicate copy of the
plaint and of the said statement”.
[Vide Orissa Act 5 of 1939, s. 11]
**Haryana**
**Amendment of section 8 of central Act 7 of 1870.—To section 8 of the Court Fees Act, 1870,**
(hereinafter called the principal Act), the following proviso, shall be added, namely:-
“Provided that the fixed court fee of one hundred rupees shall be payable on the memorandum of a
appeal or cross objections before the High Court arising under the Land Acquisition Act, 1984 or any
other law for the time being in force for acquisition of land for public purposes.”.
[Vide Haryana Act 3 of 1990, s. 2]
**9. Power to ascertain nett profits or market-value.—If the Court sees reason to think that the**
annual nett profits or the market-value of any such land, house or garden as is mentioned in section 7,
paragraphs (v) and (vi), have or has been wrongly estimated, the Court may, for the purpose of computing
the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to
make such local or other investigation as may be necessary, and to report thereon to the Court.
**10. Procedure where net profits or market-value wrongly estimated.—(i) If in the result of**
any such investigation the Court finds that the net profits or market-value have or has been
wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund
the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require
the plaintiff to pay so much additional fee as would have been payable had the said market-value
or nett profits been rightly estimated.
(ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid
within such time as the Court shall fix, the suit shall be dismissed.
1* - - -
**11. Procedure in suits for** **_mesne profits or account when amount decreed exceeds amount_**
**claimed.—In suits for mesne profits or for immovable property and** _mesne profits, or for an account, if_
the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff
valued the relief sought, the decree shall not be executed until the difference between the fee actually paid
and the fee which would have been payable had the suit comprised the whole of the profits or amount so
decreed shall have been paid to the proper officer.
Where the amount of _mesne profits is left to be ascertained in the course of the execution of the_
decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be
stayed until the difference between the fee actually paid and the fee which would have been payable had
1. Clause (iii) rep. by Act 12 of 1891, s. 3 and the First Schedule.
12
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the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within
such time as the Court shall fix, the suit shall be dismissed.
**STATE AMENDMENT**
**Orissa**
**Amendment of section 11 of Act (7 of 1870).—For the second paragraph of section 11 of the**
principal Act the following paragraphs shall be substituted:—
“Where a decree directs an enquiry as to mesne-profits which have accrued on the property
during a period prior to the institution of the suit, if the profits ascertained on such inquiry exceed the
profits claimed, no final decree shall be passed till the difference between the fee actually paid and
the fee which would have been payable had the suit comprised the whole of the profits so ascertained
is paid. If the additional fee is not paid within such time as the Court shall fix, the claim for the excess
shall be dismissed, unless the Court, for sufficient cause, extends the time for payment.
Where a decree directs an inquiry as to mesno-profits from the institution of the suit and a final
decree is passed in accordance with the result of such inquiry, the decree shall not be executed until
such fee is paid would have been payable on the amount claimed in execution if a separate suit had
been instituted therefor.”
[Vide Orissa Act 5 of 1939, s. 12]
**12. Decision of questions as to valuation.—(i) Every question relating to valuation for the purpose**
of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of
appeal, shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed,
and such decision shall be final as between the parties to the suit.
(ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court
considers that the said question has been wrongly decided to the detriment of the revenue, it shall require
the party by whom such fee has been paid to pay so much additional fee as would have been payable had
the question been rightly decided, and the provisions of section 10, paragraph (ii), shall apply.
**STATE AMENDMENT**
**Orissa**
**Amendment of section 12 of Act (7 of 1870).--(1) In section 12 of the principal Act, for paragraph**
ii, the following paragraph shall be substituted:—
“ii. But whenever any such suit comes before a Court of appeal, reference or revision, if such
Court considers that the said question has been wrongly decided, it shall—
(a) in any case in which the decision is to the detriment of revenue, require the party by
whom such fee has been paid, to pay so much additional fee as would have been payable had the
question been rightly decided and thereafter—
(i) if the party required to pay is the appellant or petitioner, the appeal or petition shall be
stayed until the additional fee is paid. If the additional fee is not paid within such time as the
Court shall fix, the appeal or petition shall be dismissed;
(ii) if the party required to pay it’s the respondent or the opposite party, the Court shall
fix a date before which such party shall pay the amount of court fee due from him and, if
such party fails to pay the fee required before the date fixed by the Court, the Court shall
recover the amount of such fee from him as if it were an arrear of land revenue. Where the
Court considers that the amount of such fee should be paid to the respondent or the opposite
party by the appellant or the petitioner, as the case may be, the Court may provide for such
payment in the order as to costs in the said appeal or petition; and
(b) in any case in which the decision is that any excess fee has been levied, direct the refund of
so much excess fee to the party who paid it as would not have been payable had the question been
rightly decided.
13
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_Explanation.—For the purposes of this section a question relating to the classification of any suit_
in regard to section 7 shall not be deemed to be a question relating to valuation.”
[Vide Orissa Act 5 of 1939, s. 13]
**13. Refund of fee paid on memorandum of appeal.—If an appeal or plaint, which has been rejected**
by the lower Court on any of the grounds mentioned in the [1]Code of Civil Procedure, is ordered to be
received, or if a suit is remanded in appeal, on any of the grounds mentioned in [2]section 351 of the same
Code, for a second decision by the lower Court, the Appellate Court shall grant to the appellant a
certificate, authorizing him to receive back from the Collector the full amount of fee paid on the
memorandum of appeal:
Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of
the subject-matter of the suit, the certificate so granted shall not authorize the appellant to receive back
more than so much fee as would have been originally payable on the part or parts of such subject-matter
in respect whereof the suit has been remanded.
**STATE AMENDMENT**
**Orissa**
**Amendment of section 13.—In the Court-fees Act, 1870 (7 of 1870),—**
(a) For the marginal heading to section 13, the following marginal heading shall be substituted,
namely:—
“Refund of fee paid on memorandum of appeal and in cases where compromise or settlement has
been arrived at by a Lok Adalat.”;
(b) Section 13 shall be renumbered as sub-section (1) thereof and —
(i) In sub-section (1) as so renumbered, for the words and figures “ the Code of Civil Procedure”
and “section 351 of the same Code”, the words and figures “ the Code Civil Procedure, 1908” and
“rule 23 of Order XLI of the First Schedule to the said Code” shall respectively be substituted; and
(ii) After sub-section (1) as so renumbered, the following new sub-section shall be inserted,
namely:—
“(2) Where a compromise or settlement has been arrived at, by a Lok Adalat in a case
referred to it under sub-section (1) of section 20 of the Legal Services Authorities Act, 1987 (39
of 1987), the Court by which the case was so referred to the Lok Adalat shall grant a certificate
to the party or every party to the case who paid any court-fee in that case, authorizing him to
receive back from the Collector the full amount of the fee so paid.”.
[Vide Orissa Act 7 of 2002, s. 2]
**Tripura**
**Amendment of Section 13.—In section 13 of the principal Act, the expression “the Appellate Court**
shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full
amount of fee paid on the memorandum of appeal”, shall be substituted with the expression “the
Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the
Collector or by way of electronic transfer in such manner as may be prescribed, the full amount of fee
paid on the memorandum of appeal”.
[Vide Tripura Act 17 of 2020, s. 2]
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. This reference should now be read as applying to the corresponding provision of Act 5 of 1908, i.e., Order XLI, rule 23 of the
First Schedule.
14
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**14. Refund of fee on application for review of judgment.—Where an [1]application for a review of**
judgment is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay
was caused by the applicant’s laches, may, in its discretion, grant him a certificate authorizing him to
receive back from the Collector so much of the fee paid on the application as exceeds the fee which
would have been payable had it been presented before [2]such day.
**Tripura**
**Amendment of Section 14.—In Section 14 of the principal Act, the expression “grant him a certificate**
authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the
fee which would have been payable had it been presented before such day”, shall be substituted with the
expression “grant him a certificate authorizing him to receive back from the Collector or by way of
electronic transfer in such manner as may be prescribed, so much of the fee paid on the application as
exceeds the fee which would have been payable had it been presented before such day.”
[Vide Tripura Act 17 of 2020, s. 3]
**15. Refund where Court reverses or modifies its former decision on ground of**
**mistake.—Where an** application for a review of judgment is admitted, and where, on the
rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or
fact, the applicant shall be entitled to a certificate from the Court authorising him to receive back
from the Collector so much of the fee paid on the [3][application] as exceeds the fee payable on
any other application to such Court under the second schedule to this Act, No. 1, clause ( _b)_ or
clause (d).
But nothing in the former part of this section shall entitle the applicant to such certificate
where the reversal or modification is due, wholly or in part, to fresh evidence which might have
been produced at the original hearing.
**Tripura**
**Amendment of Section 15.—In section 15 of the principal Act, the expression “the applicant shall be**
entitled to a certificate from the court authorizing him to receive back from the Collector so much of the
fee paid on the application as exceeds the fee payable on any other application to such Court under the
second schedule to this Act”, shall be substituted with the expression “the applicant shall be entitled to a
certificate from the court authorizing him to receive back from the Collector or by way of electronic
transfer in such manner as may be prescribed, so much of the fee paid on the application as exceeds the
fee payable on any other application to such court under the second schedule to this Act.”
[Vide Tripura Act 17 of 2020, s. 4]
4[16. **Refund of fee.—Where the court refers the parties to the suit to any one of the mode of**
settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908 (5 of 1908), the
plaintiff shall be entitled to a certificate from the court authorizing him to receive back from the collector,
the full amount of the fee paid in respect of such plaint.]
**Tripura**
**Amendment of Section 16.—In Section 16 of the principal Act, the expression “the plaintiff shall be entitled to**
a certificate from the Court authorizing him to receive back from the Collector, the full amount of the fee paid in
respect of such plaint”, shall be substituted with the expression “the plaintiff shall be entitled to a certificate from the
Court authorizing him to receive back from the Collector or by way electronic transfer in such manner as may be
prescribed, the full amount of the fee paid in respect of such plaint.”
[Vide Tripura Act 17 of 2020, s. 5]
1. As to application for review of judgment, _see_ the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 114 and Order
XLVII of the First Schedule.
2. See I Schedule, Nos. 4 and 5, infra.
3. Subs. by Act 20 of 1870, s. 1, for “plaint or memorandum of appeal”.
4. Ins. by Act 46 of 1999, s. 34 (w.e.f. 1-7-2002).
15
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**17. Multifarious suits.—Where** a suit embraces two or more distinct subjects, the plaint or
memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the
plaints or memoranda of appeal in suits embracing separately each of such subjects would be
liable under this Act.
Nothing in the former part of this section shall be deemed to affect the power conferred by the [1]Code
of Civil Procedure, section 9.
**18.Written examinations of complainants.—When the first or only examination of a person**
who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other
than an offence for which police-officers may arrest without a warrant, and who has not already presented
a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the
2Code of Criminal Procedure, the complainant shall pay a fee of eight annas, unless the Court thinks fit to
remit such payment.
**STATE AMENDMENT**
**Orissa**
**Amendment of section 18 of Act (7 of 1870).—In section 18 of the principal Act, for the words**
“eight annas” the words “one rupee” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 14]
**Insertion of a new section 18-A Act (7 of 1l870). —After section 18 of the Court Fees Act, 1870, as**
in force in the State of Orissa the following new section shall be inserted, namely:—
“18-A. **Exemption to women.—(1) Notwithstanding anything contained in this Act no plaint in**
respect of a suit filed by a women, whose annual income does not exceed three thousand rupees, for
maintenance or for enhancement of maintenance or for recovery of share in the estate of her deceased
husband or parent in the family property and no petitions filed by any such women for divorce on
ground of cruelty or other misconduct on the part of her husband shall be chargeable with court fees.
(2) The Court in which such plaint or petition is filed shall have power to make such inquiry as it
deems fit for assessing the income of the plaintiff or the petitioner, as the case may be.”.
[Vide Orissa Act 55 of 1975, s. 2]
**19. Exemption of certain documents.—Nothing contained in this Act shall render the following**
documents chargeable with any fee:—
(i) Power-of-attorney to institute or defend a suit when executed [3][by a member of any of the
Armed Forces of the Union] not in civil employment.
4* - - -
(iii) Written statements called for by the Court after the first hearing of a suit.
5* - - -
(v) Plaints in suits tried by [6]village Munsifs in the Presidency of Fort St. George.
(vi) Plaints and processes in suits before District Panchayats in the same residency.
(vii) Plaints in suits before Collectors under Madras Regulation 12 of 1816.
(viii) Probate of a will, letters of administration, [7][and, save as regards debts and securities a
certificate under Bombay Regulation 8 of 1827], where the amount or value of the property in respect
of which the probate or letters or certificate shall be granted does not exceed one thousand rupees.
(ix) Application or petition to a Collector or other officer making a settlement of land-revenue, or
to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. This reference should now be read as referring to the Code of Criminal Procedure, 1898 (Act 5 of 1898)—see s. 3 of that Act.
3. Subs. by the A.O. 1950, for “by an officer, warrant-officer, non-commissioned officer or private of Her Majesty’s army”.
4 Clause (ii) rep. by Act 12 of 1891, s. 3 and the First Schedule.
5. Clause (iv) rep. by Act 13 of 1889, s. 2 and the Schedule.
6. See the Madras Village Courts Act, 1889 (Mad. 1 of 1889).
7. Subs. by Act 7 of 1889, s. 13, for “and certificate mentioned in the first schedule to this Act annexed, No. 12”.
16
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assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to
the final confirmation of such settlement.
(x) Application relating to a supply for irrigation of water belonging to Government.
(xi) Application for leave to extend cultivation, or to relinquish land, when presented to an officer
of land-revenue by a person holding, under direct engagement with Government, land of which the
revenue is settled, but not permanently.
(xii) Application for service of notice of relinquishment of land or of enhancement of rent.
(xiii) Written authority to an agent to distrain.
(xiv) First application (other than a petition containing a criminal charge or information)
for the summons of a witness or other person to attend either to give evidence or to produce a
document or in respect of the production or filing of an exhibit not being an affidavit made for
the immediate purpose of being produced in Court.
(xv) Bail-bonds in criminal cases, recognizances to prosecute or give evidence, and recognizances
for personal appearance or otherwise.
(xvi) Petition, application, charge or information respecting any offence when presented,
made or laid to or before a police-officer, or to or before the [1]Heads of Villages or the [2]Village
Police in the territories respectively subject to the Governors in Council of Madras and
Bombay.
(xvii) Petition by a prisoner, or other person in duress or under restraint of any Court or its
officers.
(xviii) Complaint of a public servant [as defined in the Indian Penal Code (45 of 1860)], a
municipal officer, or an officer or servant of a Railway Company.
(xix) Application for permission to cut timber in Government forests, or otherwise relating to
such forests.
(xx) Application for the payment of money due by Government to the applicant.
(xxi) Petition of appeal against the chaukidari assessment under [3]Act No. 20 of 1856, or against
any municipal tax.
(xxii) Applications for compensation under any law for the time being in force relating to the
4acquisition of property for public purposes.
(xxiii) Petitions presented to the Special Commissioner appointed under [5]Bengal Act No. 2 of
1869 (to ascertain, regulate and record certain tenures in Chota Nagpur.).
[[6](xxiv) (Petitions under the Indian Christian Marriage Act, 1872 (15 of 1872), sections 45 and
48.]
**STATE AMENDMENT**
**Orissa**
In section 19 of the Court-Fees Act, 1870 (7 of 1870) (hereinafter referred to as the principal Act) in
clause (viii) for the words” one thousand rupees” the words “two thousand rupees” shall be substituted.
[Vide Orissa Act 11 of 1967, s. 3]
1. See Madras Regulations 11 of 1816 and 4 of 1821, s. 6.
2. See Bombay Village Police Act, 1867 (Bom. 8 of 1867), ss. 14, 15 and 16.
3. The Bengal Chaukidari Act, 1856.
4. See now the Land Acquisition Act, 1894 (1 of 1894).
5. The Chota Nagpur Tenures Act, 1869.
6. Subs. by Act 15 of 1872, s. 2, for clause (xxiv) which read as follows:--“Petitions under the 14th and 15th of Victoria, Ch. 40 (an Act for marriages in India), s. 5, or under Act No. 5 of 1852, s. 9”.
17
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1[CHAPTER IIIA
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION
**19A. Relief where too high a court-fee has been paid.—Where any person on applying for**
the probate of a will or letters of administration has estimated the property of the deceased to be of
greater value than the same has afterwards proved to be, and has consequently paid too high a
court-fee thereon, if, within six months after the true value of the property has been ascertained,
such person produces the probate or letters to the Chief Controlling Revenue-authority [2][for the
local area] in which the probate or letters has or have been granted,
and delivers to such Authority a particular inventory and valuation of the property of the deceased,
verified by affidavit or affirmation,
and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law
required,
the said Authority may—
(a) cancel the stamp on the probate or letters if such stamp has not been already cancelled;
(b) substitute another stamp for denoting the court-fee which should have been paid thereon; and
(c) make an allowance for the difference between them as in the case of spoiled stamps, or repay
the same in money, at his discretion.
**19B. Relief where debts due from a deceased person have been paid out of his estate.—**
Whenever it is proved to the satisfaction of such Authority that an executor or administrator has
paid debts due from the deceased to such an amount as, being deducted out of the amount or value
of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the
estate, would have occasioned a less court-fee to be paid on the probate or letters of administration
granted in respect of such estate than has been actually paid thereon under this Act,
such Authority may return the difference, provided the same be claimed within three years after the
date of such probate or letters.
But when by reason of any legal proceeding, the debts due from the deceased have not been
ascertained and paid, or his effects have not been recovered and made available, and in consequence
thereof the executor or administrator is prevented from claiming the return of such difference within
the said term of three years, the said Authority may allow such further time for making the claim as
may appear to be reasonable under the circumstances.
**19C. Relief in case of several grants.—Whenever** [3] *** a grant of probate or letters of
administration has been or is made in respect of the whole of the property belonging to an estate,
and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable
under the same Act when a like grant is made in respect of the whole or any part of the same
property belonging to the same estate.
Whenever such a grant has been or is made in respect of any property forming part of an
estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is
made in respect of property belonging to the same estate, identical with or including the property
to which the former grant relates.
**19D. Probates declared valid as to trust-property though not covered by court-fee.—The**
probate of the will or the letters of administration of the effects of any person deceased heretofore or
hereafter granted shall be deemed valid and available by his executors or administrators for
recovering, transferring or assigning, any movable or immovable property whereof or whereto the
deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount
1. Ins. by Act 13 of 1875, s. 6.
2. Subs. by Act 10 of 1901, s. 3(1), for “of the Province”.
3. The word “such” rep. by Act 12 of 1891.
18
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or value of such property is not included in the amount or value of the estate in respect of which a
court-fee was paid on such probate or letters of administration.
**19E. Provision for case where too low a court-fee has been paid on probates, etc.—Where**
any person on applying for probate or letters of administration has estimated the estate of the
deceased to be of less value than the same has afterwards proved to be, and has in consequence
paid too low a court-fee thereon, the Chief Controlling Revenue-authority [1][for the local area] in
which the probate or letters has or have been granted may, on the value of the estate of the
deceased being verified by affidavit or affirmation, cause the probate or letters of administration to
be duly stamped on payment of the full court-fee which ought to have been originally paid thereon
in respect of such value and of the further penalty, if the probate or letters is or are produced
within one year from the date of grant, of five times, or, if it or they is or are produced after one
year from such date, of twenty times, such proper court-fee, without any deduction of the court-fee
originally paid on such probate or letters:
Provided that, if the application be made within six months after the ascertainment of the true
value of the estate and the discovery that too low a court-fee was at first paid on the probate or
letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or
of its not being known at the time that some particular part of the estate belonged to the deceased, and
without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may
remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum
wanting to make up the fee which should have been at first paid thereon.
**19F. Administrator to give proper security before letters stamped under section 19E.—In** case
of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not
cause the same to be duly stamped in manner aforesaid until the administrator has given such security to
the Court by which the letters of administration have been granted as ought by law to have been given on
the granting thereof in case the full value of the estate of the deceased had been then ascertained.
2[19G. Executors, etc., not paying full court-fee on probates, etc., within six months
**after discovery of under-payment.—Where too low a court-fee has been paid on any probate or**
letters of administration in consequence of any mistake, or of its not being known at the time that some
particular part of the estate belonged to the deceased, if any executor or administrator acting under such
probate or letters does not, within six months [3]*** after the discovery of the mistake or of any effects not
known at the time to have belonged to the deceased, apply to the said Authority and pay what is wanting
to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit
the sum of one thousand rupees and also a further sum at the rate of ten percent. on the amount of the sum
wanting to make up the proper court-fee.]
4
[19H. Notice of applications for probate or letters of administration to be given to
**Revenue-authorities, and procedure thereon.—(1) Where an application for probate or letters of**
administration is made to any Court other than a High Court, the Court shall cause notice of the
application to be given to the Collector.
(2) Where such an application as aforesaid is made to a High Court, the High Court shall cause
notice of the application to be given to the Chief Controlling Revenue-authority [5][for the local area in
which the High Court is situated].
(3) The Collector within the local limits of whose revenue-jurisdiction the property of the deceased
or any part thereof is, may at any time inspect or cause to be inspected, and take or cause to be taken
copies of, the record of any case in which application for probate or letters of administration has been
made; and if, on such inspection or otherwise, he is of opinion that the petitioner has under-estimated the
value of the property of the deceased, the Collector may, if he thinks fit, require the attendance of the
1. Subs. by Act 10 of 1901, s. 3(1), for “of the Province”.
2. As to recovery of penalties or forfeitures under s. 19G, see s. 19J, infra.
3. The words and figures “after the first day of April, 1875, or “rep. by Act 12 of 1891”.
4. Ins. by Act 11 of 1899, s. 2.
5. Subs. by Act 10 of 1901, s. 3(2), for “of the Province”.
19
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petitioner (either in person or by agent) and take evidence and inquire into the matter in such manner as
he may think fit, and, if he is still of opinion that the value of the property has been under-estimated, may
require the petitioner to amend the valuation.
(4) If the petitioner does not amend the valuation to the satisfaction of the Collector, the Collector
may move the Court before which the application for probate or letters of administration was made, to
hold an inquiry into the true value of the property:
Provided that no such motion shall be made after the expiration of six months from the date of the
exhibition of the inventory required by section 277 of the [1]Indian Succession Act, 1865 (10 of 1865), or
as the case may be, by section 98 of the [1]Probate and Administration Act, 1881 (5 of 1881).
(5) The Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly,
and shall record a finding as to the true value, as near as may be, at which the property of the deceased
should have been estimated. The Collector shall be deemed to be a party to the inquiry.
(6) For the purposes of any such inquiry, the Court or person authorised by the Court to
hold the inquiry may examine the petitioner for probate or letters of administration on oath
(whether in person or by commission), and may take such further evidence as may be produced
to prove the true value of the property. The person authorised as aforesaid to hold the inquiry shall return
to the Court the evidence taken by him and report the result of the inquiry, and such report and the
evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance
with the report, unless it is satisfied that it is erroneous.
(7) The finding of the Court recorded under sub-section (5) shall be final, but shall not bar the
entertainment and disposal by the Chief Controlling Revenue-authority of any application under
section 19E.
(8) The State Government may make rules for the guidance of Collectors in the exercise of the
powers conferred by sub-section (3).]
2[19I. Payment of court-fees in respect of probates and letters of administration.—(1) No order
entitling the petitioner to the grant of probate or letters of administration shall be made upon an
application for such grant until the petitioner has filed in the Court a valuation of the property in the form
set forth in the third schedule, and the Court is satisfied that the fee mentioned in No. 11 of the first
schedule has been paid on such valuation.
(2) The grant of probate or letters of administration shall not be delayed by reason of any motion
made by the Collector under section 19H, sub-section (4).]
2[19J. Recovery of penalties, etc.— (1) Any excess fee found to be payable on any inquiry held
under section 19H, sub-section (6), and any penalty or forfeiture under section 19G, may, on the
certificate of the Chief Controlling Revenue-authority, be recovered from the executor or administrator as
if it were an arrear of land-revenue by any Collector [3]***.
(2) The Chief Controlling Revenue-authority may remit the whole or any part of any such penalty or
forfeiture as aforesaid, or any part of any penalty under section 19E or of any court-fee under section 19E
in excess of the full court-fee which ought to have been paid.]
2[19K. Sections 6 and 28 not to apply to probates or letters of administration.—Nothing in
section 6 or section 28 shall apply to probates or letters of administration.]]
CHAPTER IV
PROCESS-FEES
**20. Rules as to cost of processes.—The High Court shall, as soon as may be, make rules as to the**
following matters:—
(i) The fees chargeable for serving and executing processes issued by such court in its appellate
jurisdiction, and by the other Civil and Revenue Courts established within the local limits of such
jurisdiction;
1. See now the Indian Succession Act, 1925 (39 of 1925).
2. Ins. by Act 11 of 1899, s 2.
3. The words “in any part of British India” rep by the A.O. 1948.
20
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(ii) the fees chargeable for serving and executing processes issued by the Criminal Courts established
within such limits in the case of offences other than offences for which police-officers may arrest without
a warrant; and
(iii) the remuneration of the peons and all other persons employed by leave of a Court in the service
or execution of processes.
The High Court may from time to time alter and add to the rules so made.
**Confirmation and publication of rules.—All such rules, alterations and additions shall,**
after being confirmed by the State Government [1]***, be published in the Official Gazette, and
shall thereupon have the force of law.
Until such rules shall be so made and published, the fees now leviable for serving and executing
processes shall continue to be levied, and shall be deemed to be fees leviable under this Act.
**21. Tables of process fees.—A** table in the English and Vernacular languages, showing
the fees chargeable for such service and execution, shall be exposed to view in a conspicuous
part of each Court.
**22. Number of peons in district and subordinate Courts.—Subject to rules to be made by the** High
Court and approved by the State Government [2]***,
every District Judge and every Magistrate of a district shall fix, and may from time to time alter, the
number of peons necessary to be employed for the service and execution of processes issued out of his
Court and each of the Courts subordinate thereto,
**Number of peons in Mufassal Small Cause Courts.—and for the purposes of this section,**
every Court of Small Causes established under Act No. 11 of 1865 (to consolidate and amend
_the law relating to Courts of Small Causes beyond the local limits of the ordinary original civil_
_jurisdiction of the High Courts of Judicature)[3] shall be deemed to be subordinate to the Court of_
the District Judge.
**23. Number of peons in Revenue Courts.—Subject to rules to be framed by the Chief**
Controlling Revenue-authority and approved by the State Government [ 2]***, every officer
performing the functions of a Collector of a district shall fix, and may from time to time alter,
the number of peons necessary to be employed for the service and execution of processes issued
out of his Court or the courts subordinate to him.
**24. [Process served under this Chapter to be held to be process within meaning of Code**
_of Civil Procedure.] Rep. by the Repealing and Amending Act_, 1891 (12 of 1891),
**STATE AMENDMENT**
**Uttar Pradesh**
**Substitution of section 24-A.—For section 24-A for the principal Act, the following section shall be**
substituted, namely:—
“24-A. Control of Court fee and Stamp Commissioner.—(1) The levy of fees under this Act shall be under
the general control and superintendence of the Chief Controlling Revenue Authority, who may be assisted in the
supervision thereof by the Commissioner of Stamps and by as many Additional many Additional Commissioners of
the Stamps, Deputy Commissioners of Stamps and Assistant Commissioners of Stamps as the State Government
may appoint in the behalf or by any other subordinate agency appointed for the purpose.
(2) The Officers and the agency referred to in sub-section (1) shall have access to all records, and shall be
furnished with all such information as may be required by them for the performance of their duties under this Act.”
[Vide Uttar Pradesh Act 6 of 1980, s. 5]
1. The words “and sanctioned by the Governor General of India in Council” rep. by Act 38 of 1920, s. 2 and the First
Schedule.
2. The words “and the Governor General of India in Council” Rep. by Act 38 of 1920, s. 2 and the First Schedule.
3. The reference to Act 11 of 1865 should now be read as referring to the Provincial Small Cause Courts Act, 1887 (9 of 1887);
_see s. 2(3) of that Act._
21
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CHAPTER V
OF THE MODE OF LEVYING FEES
**25. Collection of fees by stamps.—All fees referred to in section 3 or chargeable under this Act shall**
be collected by stamps.
**STATE AMENDMENT**
**Meghalaya**
**Amendment section 25 of Central Act 7 of 1870.—In the Court Fees act, 1870 after section 25 the**
following new section shall be inserted as section 25A, namely:-
“25A. Notwithstanding anything contained in section 25 where,
(a) (i) the State Government, in relation to any area in the State, or
(ii) The Deputy Commissioner, in relation to any area in the district under his charge, is
satisfied that on account of temporary shortage of stamps in any area, fees cannot be paid, and
payment of fees cannot be indicated on documents by means of stamps, the State Government, or
as the case may be, the Deputy Commissioner, may, by notification in the official Gazette, direct
that, in such area and for such period as may be specified in such notification, the fees may be
paid in cash in any Treasury or Sub-Treasury and shall, on production of a challan evidencing
payment of fees in the Government treasury, certify by endorsement on the document in respect
of which the fees is paid, that the fees have been paid, and state in the said endorsement the
amount of the fees so paid.
(b) An endorsement made on any document under clause (a) shall have the same effect as if
the fees of an amount equal to the amount stated in the endorsement had been paid in respect of,
and such payment has been indicated on, such documents by means of stamps under section 25.
[Vide Meghalaya Act 2 of 1972, s. 2]
**Tripura**
**Amendment of Section 25.— In Section 25 of the principal Act, the expression “stamps”, shall be substituted**
with the expression “stamps or electronic transfer of payment to State Government in such manner as may be
prescribed.”
[Vide Tripura Act 17 of 2020, s. 6]
**26. Stamps to be impressed or adhesive.—The stamps used to denote any fees chargeable under**
this Act shall be impressed or adhesive, or pertly impressed and partly adhesive, as the [1][appropriate
Government] may, by notification in the Official Gazette, from time to time direct[2].
**STATE AMENDMENT**
**Jammu and Kashmir (UT).—**
Section 26 shall be numbered as sub-section (1) thereof, and after sub-section (1) so renumbered,
insert the following sub-section, namely:—
(2) For the purposes of sub-section (1), and section 25, “stamp” means any mark, seal or endorsement
by any agency or person duly authorised by the Appropriate Government, and includes an adhesive or
impressed stamp, for the purposes of court fee chargeable under this Act.
_Explanation:—“impressed stamp” includes impression by a franking machine or another machine, or a_
unique number generated by e-stamping or similar software, as the Appropriate Government may, by
notification in the official Gazette, specify”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No.
S.O. 1123(E) dated (18-3-2020).]
1. Subs. by the A.O. 1937, for “L. G.”.
2. For rules as to levy of court-fees by adhesive and impressed stamps, see Gazette of India, 1883, Pt. I, p. 189.
22
-----
**Union Territory of Ladakh**
**Section 26.—Numbered as sub-section (1) thereof, and after sub-section (1) as so numbered,**
insert
'(2) For the purposes of sub-section (1), and section 25, "stamp" means any mark, seal or
endorsement by any agency or person duly authorised by the Appropriate Government, and includes
an adhesive or impressed stamp, for the purposes of court fee chargeable under this Act.
_Explanation 7.—The expression "impressed stamp" includes impression by a franking machine_
or another machine, or a unique number generated by e-stamping or similar software, as the
Appropriate Government may, by notification in the Official Gazette, specify.’.
_Explanation 2.—The expression "e-stamping" means stamping using unique number or code_
through an electronic machine or a software application’.
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification
No. S.O. 3774(E), dated (23-10-2020).]
**Haryana**
**Amendment of section 26 of Central Act 7 of 1870.—In section 26 of the Court Fees act, 1870, the**
following explanation shall be added, namely:-
“Explanation.—For the purposes of this section,
(i) “stamp” means any mark, seal or endorsement by any agency or person duly authorized by
the State Government and includes and adhesive or impressed stamp chargeable for the purposes
of court fee under this Act; and
(ii) “impressed stamp” means an impression by a franking or any other machine, or
e-stamping.”.
[Vide Haryana Act 29 of 2016, s. 2]
**27. Rules for supply, number, renewal and keeping accounts of stamps.—The** **[1][appropriate**
Government] may, from time to time, make rules for regulating—
(a) the supply of stamps to be used under this Act;
(b) the number of stamps to be used for denoting any fee chargeable under this Act;
(c) the renewal of damaged or spoiled stamps; and
(d) the keeping accounts of all stamps used under this Act:
Provided that, in the case of stamps used under section 3 in a High Court, such rules shall be made
with the concurrence of the Chief Justice of such Court.
All such rules shall be published in the Official Gazette, and shall thereupon have the force
of law.
**Tripura**
**Amendment of Section 27.— Clause (a) of Section 27 of the principal Act, shall be substituted with the**
following
“(a) the manner of supply of stamps or electronic transfer of payment of court-fee and refund
thereof;”
[Vide Tripura Act 17 of 2020, s. 7]
**28. Stamping** **documents inadvertently received.—No** document which ought to bear a stamp
under this Act shall be of any validity, unless and until it is properly stamped.
But, if any such document is through mistake or inadvertence received, filed or used in any Court or
office without being properly stamped, the presiding Judge or the head of the office, as the case may be,
1. Subs. by the A.O. 1937 for “L.G.”.
23
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or, in the case of a High Court, any Judge of such Court, may, if he thinks fit, order that such document be
stamped as he may direct; and, on such document being stamped accordingly, the same and every
proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance.
**STATE AMENDMENT**
**Orissa**
**Insertion a new section 28-A, Act (7 of 1870).—After section 28 of the Court Fees Act, 1870 the**
following new section shall be inserted, namely:—
“28-A. Recovery Deficient or unpaid court fees.---(1) If, on examination of the records of a Civil,
Criminal or Revenue case which has been disposed of, a public officer finds that the fee payable
under the Act or the rules made thereunder on any document filed, exhibited or recorded therein has
not been paid or has been insufficiently paid, he shall report the fact to the presiding officer of the
Court or to the revenue officer concerned.
(2) Such presiding officer or revenue officer, after satisfying himself of the correctness of such
report, shall record a provisional finding that the proper fee has not been paid and determine the
amount of fee payable and the person from whom the fee or the difference thereof, if any, shall be
recoverable.
(3) After recording a finding under sub-section (2), the presiding officer or revenue officer shall
issue a notice to the person referred to in that sub-section to show cause why he should not be ordered
to pay the fee determined thereunder, and, if sufficient cause is not shown, the presiding officer or
revenue officer shall confirm the finding and make an order requiring such person to pay the proper
fee before a date to be specified in that notice.
(4) If such person fails to pay the fee in accordance with the notice issued under sub-section (3),
it shall on the certificate of such presiding officer or revenue officer, be recoverable as an arrear of
land revenue.”
[Vide Orissa Act 13 of 1957, s. 2]
**29. Amended document.—Where** any such document is amended in order merely to correct a
mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose
a fresh stamp.
**30. Cancellation of stamp.—No** document requiring a stamp under this Act shall be filed or acted
upon in any proceeding in any Court or office until the stamp has been cancelled.
Such officer as the Court or the head of the office may from time to time appoint shall, on
receiving any such document, forthwith effect such cancellation by punching out the figure-head
so as to leave the amount designated on the stamp untouched, and the part removed by punching
shall be burnt or otherwise destroyed.
**Tripura**
**Amendment of Section 30.—In Section 30 of the principal Act, after the existing text, the following**
proviso shall be added
“Provided that, where court-fee is paid by electronic transfer of payment, the officer competent to
cancel stamp shall verify the genuineness of the payment and after satisfying himself that the courtfee is paid, shall lock the entry in the computer and make an endorsement under his signature on the
document that the court-fee is paid and the entry is locked”.
[Vide Tripura Act 17 of 2020, s. 8]
**Bihar**
**Insertion of new Chapter V-A in Act VII of 1870.---After Chapter V of the Court-fees Act, 1870 (Act VII of**
1870) (hereinafter referred to the said Act) the following Chapter and Section shall be inserted, namely:
"Chapter V-A.-Levy of Additional Surcharge.
30-A. The fees leviable under the Act, shall be increased in each case by an additional surcharge
at the rate of ten per centum of the amount of the Court Fees."
24
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[Vide Bihar Act 20 of 1977, s. 2]
CHAPTER VI
MISCELLANEOUS
**31.** [Repayment of fees paid on applications to Criminal Courts.] _Rep. by the Code of Criminal_
_Procedure (Amendment) Act, 1923 (18 of 1923), s. 163._
**32. [Amendment of Act 8 of 1859** _and_ _Act 9 of 1869.] Rep. by the Repealing and Amending Act, 1891_
(12 of 1891).
**33. Admission in criminal cases of documents for which proper fee has not been paid.—**
Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee
has not been paid is, in the opinion of the presiding Judge, necessary to prevent a failure of justice,
nothing contained in section 4 or section 6 shall be deemed to prohibit such filing or exhibition.
1[34. Sale of stamps.—(1) The 2[appropriate Government] may from time to time make rules for
regulating the sale of stamps to be used under this Act, the persons by whom alone such sale is to be
conducted, and the duties and remuneration of such persons.
(2) All such rules shall be published in the Official Gazette, and shall thereupon have the
force of law.
(3) Any person appointed to sell stamps who disobeys any rule made under this section, and
any person not so appointed who sells or offers for sale any stamp, shall be punished with
imprisonment for a term which may extend to six months, or with fine which may extend to five
hundred rupees, or with both.]
**35.** **Power to reduce or remit fees.—The** [2][appropriate Government] may, from time to time
by notification in the Official Gazette, reduce or remit, in the whole or in any part of [3][the
territories under its administration], all or any of the fees mentioned in the first and second
schedules to this Act annexed, and may in like manner cancel or vary such order.
**STATE AMENDMENT**
**Orissa**
**Amendment of section 35 of Act (7 of 1870).—For section 35 of the principal Act, the following**
section shall be substituted:—
**“35. Power to suspend, reduce or remit fees.—(1) The Provincial Government may from time**
to time subject to such conditions or restrictions as it may think fit to impose, by notification in the
Gazette suspend the payment of or reduce or remit, in the whole of Orissa or in any part thereof, all or
any of the fees mentioned in Schedules I and II to this Act annexed and may in like manner cancel or
vary such order.
(3) The Provincial Government may from time to time by rules prescribe the manner in which
any fee the payment of which is suspended under sub-section (1) may be realized and for this purpose
direct that such fee may be recovered as if it were an arrear of land revenue.”
[Vide Orissa Act 5 of 1939, s. 15]
**Haryana**
**Substitution of section 35 of Central Act 7 of 1870.— For section 35 of the Court Fees Act,**
1870 (hereinafter referred to as the principal Act), the following section shall be substituted, namely:—
"35. Power to remit or reduce fees.—The State Government may, subject to such conditions or
restrictions as it may think fit to impose, by notification in the Official Gazette, reduce or remit in
relation to all or any class of persons, in the whole or any part of the territories under its
administration, all or any of the fees mentioned in the first and second schedules annexed to this Act
and may in like manner cancel or vary such order.”
1. Subs. by Act 12 of 1891, for section 34.
2. Subs. by the A.O.1937, for “L. G.”.
3. Subs. by Act 38 of 1920, s. 2 and the First Schedule, for “British India”.
25
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[Vide Haryana Act 27 of 1976, s. 2]
**Bihar**
**Substitution of new Section for Section 35 of Act VII of 1870. - For Section 35 of the said Act, the**
following Section shall be substituted, namely:
"35. Power to remit or reduce Court-fees.---The State Government may, subject to such condition
or restriction as it may think fit to impose, by order published in the Official Gazette, reduce or
remit in relation to all or any class of persons, in the whole or any part of the State, all or any of
the fees mentioned in the First and Second Schedules to this Act and may in like manner cancel or
vary such order."
[Vide Bihar Act 20 of 1977, s. 3]
**36. Saving of fees to certain officers of High Courts.—Nothing in Chapters II and V of this Act**
applies to the commission payable to the Accountant General of the High Court at Fort William, or to the
fees which any officer of a High Court is allowed to receive in addition to a fixed salary.
**STATE AMENDMENT**
**Haryana**
**Insertion of section 37 in Act 7 of 1870.— After section 36 of the principal Act, the following**
section shall be inserted, namely :—
“37. Fees in High Court.—Nothing contained in Schedules I and II to this act shall apply
to the High Court of Punjab and Haryana and the provisions in that behalf applicable
immediately before the 1[st] day of November, 1966, shall continue to apply to the said High
Court.”.
[Vide Haryana Act 22 of 1974, s. 3]
26
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SCHEDULE I
_AD VALOREM FEES_
Number ______ Proper Fee
Six annas.
Six annas.
Twelve annas.
Five rupees.
Ten rupees.
Fifteen rupees.
Twenty rupees.
Twenty rupees.
Twenty-five
rupees.
A fee of one-half
the amount
prescribed in the
foregoing scale.
The fee leviable
on the plaint or
memorandum of
appeal.
One-half of the
fee leviable on
the plaint or
memorandum of
appeal.
1. [1] Plaint [2] [written statement
pleading a set-off or counterclaim] or memorandum of appeal
(not otherwise provided for in
this Act) [2][or of cross-objection]
presented to any Civil or
Revenue Court except those
mentioned in section 3.
2. Plaint [3] ***** in a suit for**
possession under [4] [the Specific
Relief Act, 1877, section 9].
3. [Repealed by the Indian
_Registration Act,_ 1871 (8 of
1871)].
4. Application for review of
judgment,[5]if presented on or after
the ninetieth day from the date of
the decree.
5. Application for review of
judgments, [5]if presented before the
ninetieth day from the date of the
decree.
When the amount or value of the subject-matter in
dispute does not exceed five rupees.
When such amount or value exceeds five rupees, for
every five rupees, or part thereof, in excess of five
rupees, up to one hundred rupees.
When such amount or value exceeds one hundred
rupees, for every ten rupees, or part thereof, in excess of
one hundred rupees, up to one thousand rupees.
When such amount or value exceeds one thousand
rupees, for every one hundred rupees, or part thereof, in
excess of one thousand rupees, up to five thousand
rupees.
When such amount or value exceeds five thousand
rupees, for every two hundred and fifty rupees, or part
thereof, in excess of five thousand rupees, up to ten
thousand rupees.
When such amount or value exceeds ten thousand
rupees, for every five hundred rupees, or part thereof, in
excess of ten thousand rupees, up to twenty thousand
rupees.
When such amount or value exceeds twenty thousand
rupees, for every one thousand rupees, or part thereof, in
excess of twenty thousand rupees, up to thirty thousand
rupees.
When such amount or value exceeds thirty thousand
rupees, for every two thousand rupees, or part thereof, in
excess of thirty thousand rupees, up to fifty thousand
rupees.
When such amount or value exceeds fifty thousand
rupees, for every five thousand rupees, or part thereof, in
excess of fifty thousand rupees:
Provided that the maximum fee leviable on a plaint or
memorandum of appeal shall be three thousand rupees.
..
..
..
..
1. To ascertain the proper fee leviable on the institution of a suit, see the table annexed to this Schedule.
2. Ins. by Act 5 of 1908, s. 155 and the Fourth Schedule.
3. The words “or memorandum of appeal” rep. by Act 20 of 1870.
4. Subs. by Act 12 of 1891, s. 3 and the First Schedule for “Act No. 14 of 1859 (to provide for the limitation of
_suits)”._
5. As to application for review of judgment, see the Code of Civil Procedure, 1908 (Act 5 of 1908).
27
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Number Proper Fee
6. Copy or translation of a
judgment or order not being, or
having the force of, a decree.
7. Copy of a decree or order having
the force of a decree.
8. Copy of any document liable to
stamp-duty under the Indian Stamp
Act, 1879[1], (1 of 1879), when left
by any party to a suit or proceeding
in place of the original withdrawn.
9. Copy of any revenue or judicial
proceeding or order not otherwise
provided for by this Act, or copy of any
account, statement, report or the like,
taken out of any Civil or Criminal or
Revenue Court or office, or from the
office of any chief officer charged with
the executive administration of a
Division.
10. [Rep. by the Guardians and Wards
_Act, 1890 (8 of 1890).]_
2[11. Probate of a will or letters of
administration with or without will
annexed.
When such judgment or order is passed by any Civil Court
other than a High Court, or by the presiding officer of any
Revenue Court or office, or by any other Judicial or Executive
Authority—
(a) If the amount or value of the subject-matter is fifty or less
than fifty rupees.
3[When the amount or value of the property in respect of which
Two per centum on
the grant of probate or letters is made exceeds one thousand
such amount or
rupees, but does not exceed ten thousand rupees.
value.
When such amount or value exceeds ten thousand rupees, but
Two and one-half
does not exceed fifty thousand rupees.
per centum on such
amount or value.
When such amount or value exceeds fifty thousand rupees:
Three per centum
on such amount or
value.]
Provided that when, after the grant of a certificate under the
Succession Certificate Act, 1889 (7 of 1889), or under the
Regulation of the Bombay Code, No. 8 of 1827, in respect of
any property included in an estate, a grant of probate or
letters of administration is made in respect of the same
estate, the fee payable in respect of the letter grant shall be
reduced by the amount of the fee paid in respect of the
former grant.
Four annas.
(b) If such amount or value exceeds fifty rupees. Eight annas.
When such judgment or order is passed by a High Court. One rupee.
When such decree or order is made by any Civil Court other
than a High Court, or by any Revenue Court—
(a) If the amount or value of the subject-matter of the suit
wherein such decree or order is made is fifty or less than fifty
rupees.
Eight annas.
(b) If such amount or value exceeds fifty rupees. One rupee.
When such decree or order is made by a High Court. Four rupees.
(a) When the stamp-duty chargeable on the original does not
exceed eight annas.
The amount of the
duty chargeable on
the original.
(b) In any other case. Eight annas.
For every three hundred and sixty words or fraction of three
hundred and sixty words.
Eight annas.
..
..
1. See now the Indian Stamp Act, 1899 (2 of 1899).
2. Subs. by Act 7 of 1889, s. 13(1), for article 11.
3. These items were subs. by Act 7 of 1910, s. 2(i).
28
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Number ______ Proper Fee
Two per centum on the
1[12. Certificate under the In any case. amount or value of any
Succession Certificate Act, 1889 (7 debt or security specified
of 1889). in the certificate under
section 8 of the Act, and
three per centum on the
amount or value of any
debt or security to which
the certificate is extended
under section 10 of the
Act.
NOTE.—(1) The amount
of a debt is its amount,
inclu-ding interest, on the
day on which the inclusion
of the debt in the
certificate is applied for,
so far as such amount can
be asc-ertained.
(2) Whether or not any
power with respect to a
security specified in a
certificate has been
conferred under the Act,
and, where such a power
has been so conferred,
whether the power is for
the receiving of interest or
dividends on, or for the
negotiation or transfer, of
the security, or for both
purposes, the value of the
security is its market-value
on the day on which the
inclusion of the security in
the certificate is applied
for, so far as such value
can be ascertained.]
2 [12A. Certificate under the 3[(1) As regards debts and securities. The same fee as would
be payable in respect of
Regulation of the Bombay Code a certificate under the
No. 8 of 1827. Succession Certificate
Act, 1889 (7 of 1889),
or in respect of an extension of such a certificate, as the case may
be.
(2) As regards other property in respect of which
the certificate is granted—
When the amount or value of such property exceeds Two per centum on
one thousand rupees, but does not exceed ten such amount or
thousand rupees. value.
When such amount or value exceeds ten thousand Two and one-half per
rupees, but does not exceed fifty thousand rupees. centum on such
amount or value.
When such amount or value exceeds fifty thousand
Three per centum on
rupees.
such amount or
value.]]
1. Subs. by Act 7 of 1889, s. 13(1), for the article 12.
2. Subs. by s. 13(1), ibid., for article 12A.
3 These items were subs. by Act 7 of 1910, s. 2(ii).
29
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Number ______ Proper Fee
1 13. Application to the 2 [High When the amount or value of the subject-matter in Two rupees.
dispute does not exceed twenty-five rupees.
Court of Punjab] for the exercise
of its jurisdiction under
When such amount or value exceeds twenty-five
section 44 of the Punjab Courts rupees. The fee leviable on
Act, 1918 (Punjab 6 of 1918) or a memorandum of
to the Court of the Financial appeal.
Commissioner of Punjab for the
exercise of its revisional
jurisdiction under section 84 of
the Punjab Tenancy Act, 1887
(16 of 1887).
14. [Rep. by the A.O. 1937.]
15. [Rep. by the Repealing and
_Amending Act, 1923_ (11 of
_1923), s. 3 and Sch. II.]_
1. Ins. by the Punjab Courts Act, 1884 (8 of 1884), s. 71, as amended by the Punjab Courts Act 1899 (25 of 1899), s. 6. Article 13
was rep. in the Punjab by s. 5 of the Punjab Courts (Amendment) Act, 1912 (Punjab 1 of 1912); but it has since been revived
in this form by the Court-fees (Punjab Amendment) Act, 1922 (Punjab 7 of 1922).
2. Subs. by the A.O. 1948, for “High Court of Judicature at Lahore”.
30
-----
**STATE AMENDMENT**
**Assam.**
**Amendment of Schedule 1 of Act 7 of 1870.—In Schedule I to the principal Act,— (1) for Article 1,**
the following shall be substituted, namely:—
Number Proper fee
(1) (2) (3)
“1. Plaint, written statement
pleading a set-off or counterclaim or memorandum of appeal
(not otherwise provided for in
this Act) or, of cross-objection
presented to any Civil or
Revenue Court except those
mentioned in Section 3.
When the amount or value of the subjectmatter in dispute does not exceed one
hundred rupees, for every five rupees, or,
part thereof of such amount or value;
fifty-five paise.
and
When such amount or value exceeds one
hundred rupees, for every ten rupees or part
thereof, in excess of one hundred rupees up
to one hundred and fifty rupees;
One rupee and ninetyfive paise.
and
When such amount or values exceeds one
hundred and fifty rupees, for every ten
rupees, or part thereof, up to one thousand
rupees;
and
When such amount or value exceeds one
thousand rupees, for every one hundred
rupees, or part thereof in excess of one
thousand rupees, up to seven thousand five
hundred rupees;
One rupee and forty
paise.
Eight rupees and
twenty-five paise.
and
When such amount or value exceeds seven
thousand five hundred rupees, for every two
hundred and fifty rupees, or part thereof, in
excess of seven thousand five hundred
rupees, up to thousand rupees;
Sixteen rupees and
fifty paise.
and
31
-----
When such amount or value exceeds ten,
thousand rupees, for every five hundred
rupees, or part thereof, in excess of ten
thousand rupees, up to twenty thousand
rupees;
Twenty-four rupees
and seventy-five
paise.
and
When such amount or value exceeds twenty Thirty-three rupees.
thousand rupees, for every one thousand
rupees, or part thereof in excess of twenty
thousand rupees upto fifty thousand rupees;
and
When such amount or value exceeds fifty Forty-one rupees and
thousand rupees, for every five thousand twenty-five paise.
rupees, or part thereof in exceess of fifty
thousand rupees:
Provided that the maximum fee leviable on
a plaint or memorandum of appeal shall not
exceed eleven thousand rupees.”
(2) for Articles 6, 7, 8 and 9 the following shall be substituted, namely: —
“6. Copy or translation of a When such judgment or order is passed by
judgment or order not being or any Civil Court other than High Court, or by
having the force of a decree. the Presiding Officer of any Revenue Court
or officer
or by any other Judicial or Executive
Authority:
(a) if the amount or value of the subject- One rupee and ten
matter is fifty or less than fifty rupees. paise.
Two rupees and
(b) if such amount or value exceeds fifty
twenty paise.
rupees.
(c) when such judgment or order is passed Four rupees and forty
by a High Court. paise.
7. Copy of a decree or order
When such decree or order is made by any
having the force of a decree
Civil Court other than a High, Court, or by
any Revenue Court—
Two rupees and
(a) If the amount or value of the subject
twenty paise.
matter of the suit wherein such decree or
order is made is fifty or less than fifty
rupees.
Three rupees and
(b) If such amount or value exceeds fifty
thirty paise.
rupees.
Eight rupees and
(c) when such decree or order is made by
twenty-five paise.
High Court.
32
-----
8. Copy of any document liable
to stamp-duty under the Indian
Stamp Act, 1899 (Act 2 of 1899),
when left by any party to a suit or
proceeding in place of the
original withdrawn.
9. Copy of any revenue or
judicial proceeding or order not
otherwise provided for by this
Act, or copy of any account,
statement, report or the like,
taken out of any Civil or
Criminal or Revenue Court or
office or from the office of any
Chief Officer charged with the
executive administration of
Division.
[Vide Assam Act 28 of 1972, s. 2,]
One rupee and twenty
(b) In any other case.
paise.”
One rupee and twenty
For every three hundred and sixty words
paise.
or fraction of three hundred and sixty
words.
33
(a) when the stamp-duty chargeable on
the original does not exceed one rupee.
The amount of the
duty chargeable on the
original.
-----
34
-----
35
-----
36
-----
37
-----
38
-----
39
-----
**STATE AMENDMENT**
**Assam**
**Table of Rates of Ad valorem Fees Leviable on the Institution of Suits**
When the amount or value of the
subject matter exceeds
But does not exceed Proper fee
(1) (2) (3)
Rs. Rs. Rs. P.
" " 5 .55
5 10 1.10
10 15 1.65
15 20
2.20
20 25
2.75
25 30
3.30
30 35
3.85
35 40
4.40
40 45
4.95
45 50
5.50
50 55
6.05
55 60
6.60
60 65
7.15
65 70
7.70
70 75
8.25
75 80
8.80
80 85
9.35
85 90
9.90
90 95
10.45
95 100
11.00
100 110
12.95
110 120
14.85
120 130
16.80
130 140
18.70
140 150
20.55
150 160
21.95
40
-----
When the amount or value of the
subject matter exceeds
But does not exceed Proper fee
(1) (2) (3)
Rs. Rs. Rs. P.
160 170
23.30
170 180
24.60
180 190
25.90
190 200
27.25
200 210
28.55
210 220
29.90
220 230
31.20
230 240
32.50
240 250
33.85
250 260
35.15
260 270
36.50
270 280
37.80
280
290 39.15
290
300 40.45
300
310 41.75
310
320 43.10
320
330 44.40
330
340 45.75
340
350 47.05
350
360 48.35
360
370 49.0
370
380 51.00
380
390 52.35
390
400 53.65
400
410 54.95
410
420 56.30
420
430 57.60
430
440 58.95
41
-----
When the amount or value of the
subject matter exceeds
But does not exceed Proper fee
(1) (2) (3)
Rs. Rs. Rs. P.
440
450 60 25
450
460 61.55
460
470 62.90
470
480 64.20
480
490 65.55
490
500 66.85
500
510 68.15
510
520 69.50
520
530 70.80
530
540 72.15
540
550 73.45
550
560 74.75
560
570 76.10
570
580 77.40
580
590 78.75
590
600 80.05
600
610 81.35
610
620 82.70
620
630 84.00
630
640 85.35
640
650 86.65
650
660 87.95
660
670 89.30
670
680 90.60
680
690 91.95
690
700 93.25
700
710 94. 55
710
720 95.90
42
-----
When the amount or value of the
subject matter exceeds
But does not exceed Proper fee
(1) (2) (3)
Rs. Rs. Rs. P.
720
730 97.20
730
740 98.55
740
750 99.85
750
760 101.15
760
770 102.50
770
780 103.80
780
790 105.15
790
800 106.45
800
810 107.75
810
820 109.10
820
830 110.40
830
840 111.75
840
850 113.05
850
860 114.35
860
870 115.70
870
880 117.00
880
890 118.35
890
900 119.65
900
910 120.95
910
920 122.30
920
930 123.60
930
940 124.95
940
950 126.25
43
-----
Number Proper fee
(1) (2)
(3)
5. Plaint or memorandum of appeal to a suit
to establish or disprove a right of occupancy.
6. Bail-bond or other instrument obligation
given in a pursuance of an order made by a Court
or Magistrate under any section of the Code of
Criminal Procedure, 1898 (Act V of 1898), or the
Code of Civil Procedure, 1908 and not otherwise
provided for by this Act.
7. Undertaking under section 49 of the Indian
Divorce Act, 1869.
8. ...
9. ...
10. Mukhtarnama or Vakalatnama.
When presented for the conduct of any one
case—
(a) to any Civil or Criminal Court other
than a High Court, or to any Revenue
Court, or to any Collector or Magistrate,
or other Executive Officer except such as
are mentioned in clauses (b) and (c) of
this Number;
(b) to a Commissioner of Revenue,
Circuit or Customs or to any officer
charged with the Executive
Administration of a Division, not being
the Chief Revenue or Executive
Authority;
(c) to a High Court, Chief
Commissioner, Board of Revenue, or
other Chief Controlling Revenue or
Executive Authority, or an appellate
Authority prescribed under the Motor
Vehicles Act, 1939 (Act IV of 1939) or
to an Appellate Authority prescribed
under the Assam Sales Tax Act,
1947(Assam Act XVII of 1947).
44
One rupee
and ten paise.
One rupee
and ten paise.
Two rupees
and seventy
five paise.
Five rupees
and fifty
paise.
-----
Number Proper fee
(1) (2)
(3)
11. Memorandum of appeal when the appeal
is not from a decree or an order having the
force of a decree, and is presented.
(a) to any Civil Court other than a High
Court, or to any Revenue Court or
Executive Officer other than the High
Court or Chief Controlling Revenue or
Executive Authority except an authority
specified in clause (b);
(b) to an Excise Appellate Authority
under Rule 340 of the Assam Excise
Rules;
(c) to a High Court or Chief
Commissioner or other Chief Controlling
Executive or Revenue Authority except an
Authority prescribed in clause (b);
(d) To an Excise Appellate Authority
under Rule 341 of the Assam Excise Rule
:
(e) to a High Court in miscellaneous
revenue matters except (f) below or to an
Appellate Authority prescribed under the
Motor Vehicles Act, 1939 (Act IV of
1939); and
(f) to a High Court in appeal and revision
matters arising out of settlement of
fishery—
(i) When the bid money is below ten
thousand rupees:
(ii) When the bid money is above then
thousand rupees but below twenty
thousand rupees:
(iii) When the bid money is above
twenty thousand rupees.
Three rupees
and thirty
paise.
Sixteen
rupees and
fifty paise.
Eleven
rupees.
Fifty five
rupees.
Sixteen
rupees and
fifty paise.
Sixteen
rupees and
fifty paise.
Twenty
seven rupees
and fifty
paise.
Thirty-tree
rupees.
12. Caveat... Eleven
rupees.
13. Application under Act No. 10 of 1859,
section 26 or Bengal Act No. 6 of 1962, section
9 or Bengal Act No. 8 of 1869 section 37.
Five rupees
and fifty
paise.
Number Proper fee
45
-----
(1) (2)
(3)
14. Petition in a suit under the Native Converts’
Marriage Dissolution Act, 1866.
17. Plaint or memorandum of appeal in each of
the following suits:-
18. Application under section 14 or section 20, of
the Indian Arbitration Act, 1940 (Act X of 1940),
for a direction for filing an award or for an order
for filing an agreement.
19. Agreement in writing stating a question for
the opinion of the Court under the Code of Civil
Procedure, 1908 (Act V of 1908).
20. Every petition under the Indian Divorce Act,
1869 (Act IV of 1869), except petitions under
section 44 of the same Act, and every
memorandum of appeal under section 55 of the
same Act.
21. Plaint or memorandum of appeal under the
Parsi Marriage and Divorce Act, 1865 (Act XV
of 1865).
[Vide Assam Act 27 of 1972 s. 3]
When presented to a Munsif’s Court. Sixteen
rupees and
fifty paise.
When presented to any other Court. Fifty-five
rupees.
Sixteen
rupees and
fifty paise.
Twenty-two
rupees.
Twenty-two
rupees.]
46
(i) to alter or set aside a summary decision
or order of any of the Civil Courts not
established by Letters Patent or of any
Revenue Court;
Five rupees
and fifty
paise.
Sixteen
rupees and
(ii) to alter or cancel any entry in a register fifty paise.
of the names of proprietors of revenue
paying estates;
(iii) to obtain a declaration decree where no
consequential relief is prayed;
Twenty-two
rupees.
(iv) to set aside an award; Sixteen
rupees and
fifty paise.
(v) to set aside an adoption; Twenty--two
rupees.
(vi) every other suit where it is not possible
to estimate at a money-value the subject
matter in dispute, and which is not other
wise provided for by this Act.
Sixteen
rupees and
fifty paise.
-----
**STATE AMENDMENT**
**Orissa**
**Amendment of Schedule I Act (7 of 1870).-In Schedule I to the principal Act for articles 11 and 12,**
the following articles shall be substituted, namely:-
Number Proper fee
(1) (2) (3)
“11. Probate of a will or letters of When the amount or value of the Two per centum
administration with or without property in respect of which the
will annexed. grant of probate or letters is made
exceeds two thousand rupees, on
such amount or value up to ten
thousand rupees.
and
When such amount or value Three per centum
exceeds ten thousand rupees, on
the portion of such amount or
value which is in excess of ten
thousand rupees up to fifty
thousand rupees.
and
When such amount or value Four per centum
exceeds fifty thousand rupees,
on the portion of such amount or
value which is in excess of fifty
thousand rupees up to one lakh of
rupees,
and
When such amount or value
Five per centum
exceeds a lakh of rupees, on the
portion of such amount or value
which is in excess of one lakh of
rupees:
Provided that when, after the
grant of a certificate under the
Indian Succession Act, 1925 (39
of 1925) or under the Regulation
of the Bombay Code No.8 of 1827,
in respect of any property included
in an estate, a grant of probate or
letters of administration is made in
respect of the same estate, the fee
payable in respect of the latter grant
shall be reduced by the amount of
the fee paid in respect of the former
grant.
47
|Number|Col2|Proper fee|
|---|---|---|
|(1)|(2)|(3)|
|“11. Probate of a will or letters of administration with or without will annexed.|When the amount or value of the property in respect of which the grant of probate or letters is made exceeds two thousand rupees, on such amount or value up to ten thousand rupees. and When such amount or value exceeds ten thousand rupees, on the portion of such amount or value which is in excess of ten thousand rupees up to fifty thousand rupees. and When such amount or value exceeds fifty thousand rupees, on the portion of such amount or value which is in excess of fifty thousand rupees up to one lakh of rupees, and When such amount or value exceeds a lakh of rupees, on the portion of such amount or value which is in excess of one lakh of rupees: Provided that when, after the grant of a certificate under the Indian Succession Act, 1925 (39 of 1925) or under the Regulation of the Bombay Code No.8 of 1827, in respect of any property included in an estate, a grant of probate or letters of administration is made in respect of the same estate, the fee payable in respect of the latter grant shall be reduced by the amount of the fee paid in respect of the former grant.|Two per centum Three per centum Four per centum Five per centum|
-----
|12. Certificate under the Indian Succession Act, 1925.|When the amount or value of any debt or security specified in the certificate under section 374 of the Act, exceeds one thousand rupees, on such amount or value up to ten thousand rupees, and When such amount or value exceeds ten thousand rupees, on the portion of such amount or value which is in excess of ten thousand rupees up to fifty thousand rupees, and When such amount or value exceeds fifty thousand rupees, on the portion of such amount or value which is in excess of fifty thousand rupees up to one lakh of rupees, and When such amount or value exceeds a lakh of rupees, on the portion of such amount or value which is in excess of one lakh of rupees.|Two per centum, and on the amount or value of any debt or security to which the certificate is extended under section 376 of the Act, three per centum. Three per centum, and on the amount or value of any debt or security to which the certificate is extended under section 376 of the Act, four-and-a-half per centum. Four per centum, and on the mount or value of any debt or s e c u r i t y t o which the certificate is extended under section 376 of the Act, six per centum. Five per centum, and on the amount or value of any debt or security to which the certificate is extended under section 376 of the Act, seven-and-a-half per centum.”|
|---|---|---|
SCHEDULE
(See section 2)
Number and year Short title
(1) (2)
Bihar and Orissa Act 1 of 1952
1922).
Madras Act V of 1922 Central Province Act XVI
of 1935
48
|Number and year|Short title|
|---|---|
|(1)|(2)|
|Bihar and Orissa Act 1 of 1952|Bihar and Orissa Court-Fees (Amendment Act, 1922).|
|Madras Act V of 1922 Central Province Act XVI of 1935|Madras Court-Fees (Amendment) Act, 1922 Court- Fees (Central Provinces Amendment) Act, 1935.|
-----
|When the amount or value of the subject-matter exceeds|But does not exceed|Proper fee.|
|---|---|---|
|1|2|3|
|Rs. 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200|Rs. 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,100 3,200 3,300 3,300|Rs. a. p. 141 4 0 148 12 0 156 4 0 163 12 0 171 4 0 178 12 0 186 4 0 193 12 0 201 4 0 208 12 0 216 4 0 223 12 0 231 4 0 238 12 0 246 4 0 263 12 0 261 4 0 268 12 0 276 4 0|
49
-----
|When the amount or value of the subject-matter exceeds|But does not exceed|Proper fee.|
|---|---|---|
|1|2|3|
|Rs. 850 860 870 880 890 900 910 920 930 940 950 960 970 980 990 1,000 1,100 1,200 1,300|Rs. 860 870 880 890 900 910 920 930 940 950 960 970 980 990 1,000 1,100 1,200 1,300 1,400|Rs. a. p. 88 0 0 89 2 0 90 4 0 91 6 0 92 8 0 93 10 0 94 12 0 95 14 0 97 0 0 98 2 0 99 4 0 100 6 0 101 8 0 102 10 0 103 12 0 111 4 0 118 12 0 126 4 0 133 12 0|
|When the amount or value of the subject-matter exceeds|But does not exceed|Proper fee.|
|---|---|---|
|1|2|3|
|Rs. 24.000|Rs 25,000|Rs. a. p. 1,341 4 0|
50
-----
|25,000 26,000 27,000 28,000 29,000 30,000 32,000 34,000 36,000 38,000 40,000 42,000 44,000 46,000 48,000|26,000 27,000 28,000 29,000 30,000 32,000 34,000 36,000 38,000 40,000 42,000 44,000 46,000 48,000 50,000|1,371 4 0 1,401 4 0 1,431 4 0 1,461 4 0 1,491 4 0 1,521 4 0 1,551 4 0 1,581 4 0 1,661 4 0 1,641 4 0 1,671 4 0 1,701 4 0 1,731 4 0 1,761 4 0 1, 791 4 0|
|---|---|---|
|When the amount or value of the subject-matter exceeds|But does not exceed|Proper fee.|
|---|---|---|
|1|2|3|
|Rs. 85 90 95|Rs. 90 95 100|Rs. 6 12 0 7 2 0 7 8 0|
51
-----
|100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260|110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270|8 8 0 9 8 0 10 8 0 11 8 0 12 8 0 13 8 0 14 8 0 15 8 0 16 8 0 17 8 0 18 8 0 19 8 0 20 8 0 21 8 0 22 8 0 23 8 0 24 8 0|
|---|---|---|
|When the amount or value of the subject-matter exceeds|But does not exceed|Proper fee.|
|---|---|---|
|1|2|3|
|Rs. 7,100 7,200 7,300 7,500|Rs. 7,200 7,300 7,500 7,600|Rs. a. p. 508 12 0 576 4 0 533 12 0|
52
-----
|7,600 7,700 7,800 7,900 8,000 8,250 8,500 8,750 9,000 9,250 9,500 9,750 10,000 10,500 11,000 11,500 12,000|7,700 7,800 7,900 8,000 8,250 8,500 8,750 9,000 9,250 9,500 9,750 10,000 10,500 11,000 11,500 12,000 12,500|591 4 0 606 4 0 621 4 0 636 4 0 651 4 0 666 4 0 681 4 0 696 4 0 711 4 0 726 4 0 741 4 0 763 12 0 786 4 0 808 12 0 831 4 0 853 12 0|
|---|---|---|
|When the amount or value of the subject-matter exceeds|But does not exceed|Proper fee.|
|---|---|---|
|1|2|3|
|Rs. 660 670 680 690 700 710|Rs. 670 680 690 700 710 720|Rs. a. p. 66 10 0 67 12 0 68 14 0 70 0 0 71 2 0 72 4 0|
53
-----
|720 730 740 750 760 770 780 790 800 810 820 830 840|730 740 750 760 770 780 790 800 810 820 830 840 850|73 6 0 74 8 0 75 10 0 76 12 0 77 14 0 79 0 0 80 2 0 81 4 0 82 0 0 83 8 0 84 10 0 85 12 0 86 14 0|
|---|---|---|
|When the amount or value of the subject-matter exceeds|But does not exceed|Proper fee.|
|1|2|3|
|Rs. 90 95 100 110 120 130 140 150|Rs. 95 100 110 120 130 140 150 160|Rs. a. p. 7 2 0 7 8 0 8 4 0 9 0 0 9 12 0 10 8 0 11 4 0 12 0 0|
54
-----
|160 170 180 190 200 210 220 230 240 250 260 270 280|170 180 190 200 210 220 230 240 250 260 270 280 290|12 12 0 13 8 0 14 4 0 15 0 0 15 12 0 16 8 0 17 4 0 18 0 0 18 12 0 19 8 0 20 4 0 21 0 0 21 12 0|
|---|---|---|
|When the amount or value of the subject-matter exceeds|But does not exceed|Proper fee.|
|---|---|---|
|1|2|3|
|Rs. 290 300 310 320 330 340 350 360 370 380 390|Rs. 300 310 320 330 340 350 360 370 380 390 400|Rs. a. p. 22 8 0 23 4 0 24 0 0 24 12 0 25 8 0 26 4 0 27 0 0 27 12 0 28 8 0 29 4 0 30 0 0|
55
-----
|400 410 420 430 440 450 460 470 480 490|410 420 430 440 450 460 470 480 490 500|30 12 0 31 8 0 32 4 0 33 0 0 33 12 0 34 8 0 35 4 0 36 0 0 36 12 0 37 8 0|
|---|---|---|
56
-----
SCHEDULE B.
(See Section 21).
(a) Table of rales and valorem fees leviable on plaints, etc., mentioned in Article 1 of Schedule I.
When the amount of But does not exceed. Proper fee.
value of the subjectmatter exceeds.
1 2 3
Rs. Rs. Rs. a. p.
…
5 0 6 0
5 10
0 12 0
10 15
1 2 0
15 20 1 8 0
1 14 0
20 25
2 4 0
25 30
2 10 0
30 35
3 0 0
35 40
3 6 0
40 45
3 12 0
45 50 4 2 0
50 55 4 8 0
4 14 0
55 60
5 4 0
60 65
5 10 0
65 70
6 0 0
70 75
6 6 0
75 80
80 85
57
|When the amount of value of the subject- matter exceeds.|But does not exceed.|Proper fee.|
|---|---|---|
|1|2|3|
|Rs. … 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80|Rs. 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85|Rs. a. p. 0 6 0 0 12 0 1 2 0 1 8 0 1 14 0 2 4 0 2 10 0 3 0 0 3 6 0 3 12 0 4 2 0 4 8 0 4 14 0 5 4 0 5 10 0 6 0 0 6 6 0|
-----
SCHEDULE A.
(See Section 2.)
# Title.
2
Bihar and Orissa Court Fees (Amendment) Act, 1992.
Court
(Amendment) Act, 1922.
Court Fees (Central Provinces Amendment) Act, 1935.
But does not exceed
2
Rs.
3,400
3,500
3,600
3,700
3,800
3,900
4,000
4,100
4,200
4,300
4,400
4,500
4,600
4,700
4,800
4,900
58
|Province year and number.|Title.|Extent of Repeal.|
|---|---|---|
|1|2|3|
|Bihar and Orissa Act I of 1922. Madras Act V of 1922. Central Provinces Act XVI of 1935.|Bihar and Orissa Court Fees (Amendment) Act, 1992. Madras Court Fees (Amendment) Act, 1922. Court Fees (Central Provinces Amendment) Act, 1935.|The whole Act, except sections 6,9, 10 and 13. The whole Act, except section 11 in respect of Articles 11 and 12 of Schedule I. The whole Act, except section 4 (e).|
|When the amount or value of the subject-matter exceeds|But does not exceed|Proper fee.|
|1|2|3|
|Rs. 3,300 3,400 3,500 3,600 3,700 3,800 3,900 4,000 4,100 4,200 4,300 4,400 4,500 4,600 4,700 4,800|Rs. 3,400 3,500 3,600 3,700 3,800 3,900 4,000 4,100 4,200 4,300 4,400 4,500 4,600 4,700 4,800 4,900|Rs. a. p. 283 12 0 291 4 0 298 12 0 306 4 0 313 12 0 321 4 0 328 12 0 336 4 0 343 12 0 351 4 0 358 12 0 366 4 0 373 12 0 381 4 0 388 12 0 396 4 0|
-----
|4,900 5,000 5,100|5,000 5,100 5,200|403 12 0 411 4 0 418 12 0|
|---|---|---|
[Vide Orissa Act 11 of 1967, s. 4]
**Amendment of Article 1 of Schedule 1 (7 of 1870).--For Article 1 of Schedule I of the Principal Act**
the following Article shall be substituted:-“Number. — Proper fee.
1.Plaint, written statement pleading a set- When the amount or value of the subject Six annas.
off or counter-claim or memorandum of matter in dispute does not exceed five
appeal (not otherwise provided for in this rupees.
Act) presented to any Civil or Revenue
Court except those mentioned in section 3. When such amount or value exceeds five Six annas.
rupees, for every five rupees, or part
thereof, in excess of five rupees, up to
one hundred rupees.
When such amount or value exceeds one One rupee.
hundred rupees, for every ten rupees, or
part thereof, in excess of one hundred
rupees, up to five hundred rupees.
When such amount or value exceeds five One rupee
hundred rupees, for every ten rupees, or two annas.
part thereof, in excess of five hundred
rupees, up to one thousand rupees.
When such amount or value exceeds one
Seven rupees
thousand rupees, for every one hundred
eight annas.
rupees, or part thereof, in excess of one
thousand rupees, up to seven thousand
five hundred rupees.
When such amount or value exceeds
Fifteen rupees.
seven thousand five hundred rupees, for
every two hundred and fifty rupees, or
part thereof, in excess of seven thousand
five hundred rupees, up to ten thousand
rupees.
When such amount or value exceeds ten
Twenty two rupees
thousand rupees, for every five hundred
eight annas.
rupees, or part thereof, in excess of ten
thousand rupees, up to twenty thousand
rupees.
Thirty rupees.
When such amount or value exceeds
twenty thousand rupees, for every one
thousand rupees, or part thereof, in
excess of twenty thousand rupees, up to
thirty thousand rupees
When such amount value exceeds thirty Thirty rupees.
thousand rupees, for every two thousand
rupees, or part thereof in excess of
59
|“Number.|—|Proper fee.|
|---|---|---|
|1.Plaint, written statement pleading a set- off or counter-claim or memorandum of appeal (not otherwise provided for in this Act) presented to any Civil or Revenue Court except those mentioned in section 3.|When the amount or value of the subject matter in dispute does not exceed five rupees. When such amount or value exceeds five rupees, for every five rupees, or part thereof , in excess of five rupees, up to one hundred rupees. When such amount or value exceeds one hundred rupees, for every ten rupees, or part thereof, in excess of one hundred rupees, up to five hundred rupees. When such amount or value exceeds five hundred rupees, for every ten rupees, or part thereof, in excess of five hundred rupees, up to one thousand rupees. When such amount or value exceeds one thousand rupees, for every one hundred rupees, or part thereof, in excess of one thousand rupees, up to seven thousand five hundred rupees. When such amount or value exceeds seven thousand five hundred rupees, for every two hundred and fifty rupees, or part thereof, in excess of seven thousand five hundred rupees, up to ten thousand rupees. When such amount or value exceeds ten thousand rupees, for every five hundred rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand rupees. When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees, up to thirty thousand rupees When such amount value exceeds thirty thousand rupees, for every two thousand rupees, or part thereof in excess of|Six annas. Six annas. One rupee. One rupee two annas. Seven rupees eight annas. Fifteen rupees. Twenty two rupees eight annas. Thirty rupees. Thirty rupees.|
-----
|Col1|thirty thousand rupees, up to fifty thousand rupees. When such amount or value exceeds fifty thousand rupees for every five thousand rupees, or part thereof, in excess of fifty thousand rupees.|Thirty-seven rupees eight annas.”|
|---|---|---|
[Vide Orissa Act 5 of 1939, s. 16]
**Insertion of new Articles 3 and 3A in Schedule 1 of Act VII of 1870.-- In Schedule I of the principal**
Act after Article 2, the following Articles shall be inserted:—
“3. Plaint, or written statement pleading When the amount or value of the subject Six annas.
a set-off or counterclaim in any suit of matter in dispute does not exceed five rupees.
the nature cognizable by a court of small
When such amount or value exceeds five
causes when the amount or value of the Six annas.
rupees, for every five rupees, or part
subject matter does not exceed Rs.500.
thereof, in excess of five rupees, up to
one hundred rupees.
When such amount or value exceeds one Twelve annas.
hundred rupees, for every ten rupees, or
part thereof, in excess of one hundred
rupees up to five hundred rupees.
When such value exceeds three thousand Fifty rupees
rupees but does not exceed four
thousand rupees. .
3A. plaint or memorandum of appeal in When such value exceeds four thousand Fifty rupees.
each of the following suits:— rupees for every two thousand rupees, or
(i)to obtain a declaratory decree where part thereof, in excess of four thousand
no consequential relief is prayed. rupees, upto ten thousand rupees.
(ii) to set aside an award.
When such value exceeds ten thousand
(iii) to obtain a declaration that an Fifty rupees.
rupees, for every ten thousand rupees, or
alleged adoption is invalid or never in
part thereof in excess of ten thousand
fact took place or to obtain a declaration
rupees, up to fifty thousand rupees.
that an adoption is valid.
When such value exceeds fifty thousand
rupees, for every fifty thousand rupees, One hundred rupees.”
or part thereof, in excess of fifty
thousand rupees.
[Vide Orissa Act 5 of 1939, s. 17]
**Amendment of Article 6 of Schedule I of Act VII of 1870.—In the third column of Article 6 of**
Schedule I of the principal Act—
(a) for the words “four annas” the words “six annas” shall be substituted;
(b) for the words “eight annas” the words “twelve annas” shall be substituted;
(c) for the words “one rupee” the words “one rupee eight annas” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 18]
**Amendment of Article 7 of Schedule I of Act VII of 1870. —For Article 7 of Schedule I of the principal**
Act the following Article shall be substituted:—
“copy of decree or order When such decree or order is made by a
having the fore of a decree. Munsif’s Court or a Court of Small
Causes, or a Revenue Court—
(a) If the amount or value of the Eight annas.
subject-matter of the suit wherein
such decree or order is made does
not exceed one hundred rupees;
60
|“3. Plaint, or written statement pleading a set-off or counterclaim in any suit of the nature cognizable by a court of small causes when the amount or value of the subject matter does not exceed Rs.500.|When the amount or value of the subject matter in dispute does not exceed five rupees. When such amount or value exceeds five rupees, for every five rupees, or part thereof, in excess of five rupees, up to one hundred rupees. When such amount or value exceeds one hundred rupees, for every ten rupees, or part thereof, in excess of one hundred rupees up to five hundred rupees. When such value exceeds three thousand rupees but does not exceed four thousand rupees.|Six annas. Six annas. Twelve annas. Fifty rupees .|
|---|---|---|
|3A. plaint or memorandum of appeal in each of the following suits:— (i)to obtain a declaratory decree where no consequential relief is prayed. (ii) to set aside an award. (iii) to obtain a declaration that an alleged adoption is invalid or never in fact took place or to obtain a declaration that an adoption is valid.|When such value exceeds four thousand rupees for every two thousand rupees, or part thereof, in excess of four thousand rupees, upto ten thousand rupees. When such value exceeds ten thousand rupees, for every ten thousand rupees, or part thereof in excess of ten thousand rupees, up to fifty thousand rupees. When such value exceeds fifty thousand rupees, for every fifty thousand rupees, or part thereof, in excess of fifty thousand rupees.|Fifty rupees. Fifty rupees. One hundred rupees.”|
|“copy of decree or order having the fore of a decree.|When such decree or order is made by a Munsif’s Court or a Court of Small Causes, or a Revenue Court— (a) If the amount or value of the subject-matter of the suit wherein such decree or order is made does not exceed one hundred rupees;|E i g h t annas.|
|---|---|---|
-----
|Col1|(b) If such amount or value exceeds one hundred rupees but does not exceed one thousand ; (c) If such amount or value exceeds one thousand rupees. When such decree or order is made by the Court of a District Judge or of a Subordinate Judge. When such decree or order is made by a High Court.|One rupee. One rupee eight annas. Three rupees, if the amount or value of the subject matter of the suit wherein such decree or order is made does not exceed one thousand rupees; six rupees, if such amount or value exceeds one thousand rupees.”|
|---|---|---|
[Vide Orissa Act 5 of 1939, s. 19]
**Amendment of Article 9 of Schedule I of Act VII of 1870.—In the third column of Article 9 of**
Schedule I of the principal Act, for the words, “eight annas” the words “twelve annas” shall be
substituted.
[Vide Orissa Act 5 of 1939, s. 20]
**Amendment of table of rates and insertion of new tables in Schedule I of Act VII of 1870.--For**
the table of rates of advalorem fees annexed to Schedule I of the principal Act, the table set forth in
Schedule B to this Act shall be substituted.
[Vide Orissa Act 5 of 1939, s. 21]
**Amendment of Schedule I .—In Schedule I to the Court Fees Act, 1870 (7 of 1870) as amended in**
its application to the State of Orissa (hereinafter referred as the principal Act),—
(a) in article 1, for the words “Thirty-seven rupees fifty naye paise” occurring as the last entry
under the heading “ proper fee” the words “ One hundred rupees” shall be substituted;
(b) in the foot note to the Table of rates of advalorem fees appearing under heading “(a) Table of
rates of advalorem fees leviable on plaints, etc., mentioned in Article 1 of Schedule 1”, for the words
“thirty-seven rupees fifty naye paise”, the words “ one hundred rupees” shall be substituted.
[Vide Orissa Act 34 of 1992, s. 2]
**Haryana**
**Amendment of Schedule I to the Central Act 7 of 1870 .— In schedule I to the Court Fees Act, 1870,**
for "Table of rates of ad-valorem fees leviable on the institution of suits," the following Table shall be
substituted, namely : -
“Table of rates of ad-valorem fees leviable on the institution of suits
When the amount or But does not Proper fee
value exceed
of the subject matter
exceeds
1 2 3
Rupees Rupees Rupees
1 15,000 2.5%
61
|When the amount or value of the subject matter exceeds|But does not exceed|Proper fee|
|---|---|---|
|1|2|3|
|Rupees|Rupees|Rupees|
|1|15,000|2.5%|
-----
|15,000|27,000|375+3.5% of the amount exceeding Rs. 15,000|
|---|---|---|
|27,000|39, 000|795+4.5% of the amount exceeding Rs. 27,000|
|39,000|51, 000|1335+5.5% of the amount exceeding Rs. 39,000|
|51, 000|63, 000|1995+6.5% of the amount exceeding Rs. 51,000|
|63, 000|75,000|2775+7.5% of the amount exceeding Rs. 63,000|
|75, 000|5,00,000|3675+6.5% of the amount exceeding Rs. 75,000|
|5,00,000|10,00,000|31300+5.5% of the amount exceeding Rs. 5,00,000|
|10,00,000|20,00,000|58800+4.5% of the amount exceeding Rs. 10,00,000|
|20,00,000|30,00,000|103800+3.5% of the amount exceeding Rs. 20,00,000|
|30,00,000|45,00,000|138000+2.5% of the amount exceeding Rs. 30,00,000|
|45,00,000|60,00,000|176300+1.5% of the amount exceeding Rs. 45,00,000|
|60,00,000|75,00,000|198800+0.5% of the amount exceeding Rs. 60,00,000|
And when the amount or value of the subject matter exceeds seventy-five lakh rupees, the proper fee
leviable shall be two lakh six thousand three hundred rupees plus twenty five rupees for each five hundred
rupees or part thereof in excess of seventy-five lakh rupees.".
[Vide Haryana Act 16 of 2009, s. 2]
**Bihar**
**Amendment in Schedule-I and II of the Court-Fees Act, 1870. - Any fee payable under Schedule-I and**
Schedule-II of the Court-Fees Act, 1870 calculated in paise shall be rounded off in rupee.
[Vide Bihar Act 13 of 2010, s. 2]
**Substitution of Schedule I and II appended to Act VII, 1870. - In the Court Fees Act, 1870 (Act VII of**
1870) for Schedule I and II the following shall be substituted, namely
**[Schedule-1]**
_Ad valorem Fees_
# No. Subject Description Rates
1 Plaint, written When the amount
statement, pleading of or value of the an adjustment or subject matter in counter claim or dispute- memorandum of
(i) up to Rs. 15% of the amount or value
appeal or a cross
30,000/- (Rupees
objection, or plaint or
thirty thousand)
62
|Ad valorem Fees|Col2|Col3|Col4|Col5|Col6|
|---|---|---|---|---|---|
|No. Subject Description Rates||||||
|1|Plaint, written statement, pleading of an adjustment or counter claim or memorandum of appeal or a cross objection, or plaint or||When the amount or value of the subject matter in dispute-|||
||||(i) up to Rs. 30,000/- (Rupees thirty thousand)||15% of the amount or value|
-----
|Col1|memorandum of appeal to set aside an award not otherwise provided in this Act, presented to any Civil or Revenue Court except those mentioned in Section- 3.|Col3|(ii) exceed Rs. 30,000/- (Rupees thirty thousand) but does not exceed Rs. 5,00,000/- (Rupees five lac).|Col5|Rs. 4,500/- (Rupees four thousand five hundred) + 10% of amount or value exceeding Rs. 30,000/- (Rupees thirty thousand).|
|---|---|---|---|---|---|
||||(iii) exceeds Rs. 5,00,000/- (five lac) but does not exceed Rs. 20,00,000/- (twenty lac).||Rs. 51,500 (fifty one thousand five hundred) + 5% of amount or value exceeding Rs. 5,00,000/- (five lac).|
||||(iv) exceeds Rs. 20,00,000/- (Rupees twenty lac), Rs. 1 (one) crore.||Rs. 1,26,500 (Rupees one lac twenty six thousand five hundred) + 1% of the amount or value exceeding Rs. 20,00,000/- (Rupees twenty lac).|
||||(v) exceeds Rs. 1 (one) crore||Rs. 2,06,500/- (Rupees two lac six thousand five hundred) + ½% of the amount or value exceeding Rs. 1 (one) crore. Maximum Rs. 3,00,000/- (rupees three lac.)|
|2|Plaint in a suit for possession under Section 6 of Specific Relief Act, 1963.||||According to rates as prescribed in item no.1.|
|3|Probate of a will or letters of administration with or without will annexed.||||10% of the amount or value [minimum Rs. 500/- (Rupees five hundred) & maximum Rs. 3,00,000/- (Rupees three lac)].|
|4|Certificate under the Succession Certificate Act, 1889.||||As prescribed in item no. 3 on amount or value indicated on certificate.|
63
-----
|[Schedule-II] Fixed Fees|Col2|Col3|Col4|Col5|Col6|
|---|---|---|---|---|---|
|No. Subject Description Fee||||||
|1|(1) Application or petition||When presented to an administrative or revenue officer of State Government or Central Government or local body or in a civil or criminal or small cause court other than High Court and which is not otherwise provided-||Rs. 20/- (Rupees twenty)|
||(2) When presented to the High Court-||(i) Under Article 226, 227 or under Article 226 and 227 of the Constitution-|||
||||(a) To file a general application.||Rs. 500/- (Rupees five hundred).|
||||(b) To file a Public Interest Litigation.||Rs. 1000/- (Rupees one thousand).|
||||(ii) On other applications||Rs. 250/- (Rupees two hundred fifty).|
||(3) Application for Civil Revision under Section 115 of Civil Procedure Code or Criminal Revision under Section 397 read with Section 399/401 of Criminal Procedure Code.||||Rs. 250/- (Rupees two hundred fifty).|
|2|Application to call for records from any other Court.||||Rs. 50/- (Rupees fifty).|
|3|Application for leave to sue as a pauper or for leave to appeal as pauper.||||Rs. 20/- (Rupees twenty).|
|4|Plaint or memorandum of appeal to establish or prove a right of occupancy.||||Rs. 100/- (Rupees one hundred).|
|5|Bail Bond or other instruments of obligation given in||||Rs. 20/- (Rupees twenty).|
64
-----
|Col1|pursuance of any order made by a Court or Magistrate under any section of the Code of Criminal Procedure, 1973 or the Code of Civil Procedure, 1908 and not otherwise provided by this Act.|Col3|Col4|Col5|Col6|
|---|---|---|---|---|---|
|6|Undertaking under Section 49 of the Indian Divorce Act, 1869 (4 of 1869).||||Rs. 100/- (Rupees one hundred).|
|7|Affidavit||(i) In all other courts except the High Court.||Rs. 20/- (Rupees twenty Rupees).|
||||(ii) In the High Court.||Rs. 30/- (Rupees thirty).|
|8|Vakalatnama||(i) In all other courts except the High Court.||Rs. 30/- (Rupees thirty) [Court fee Rs. 20/- + Advocate Welfare stamps Rs. 10/-].|
||||(ii) In the High Court.||Rs. 50/- (Rupees fifty) [Court fee Rs. 30/-+ Advocate Welfare stamp Rs. 20/-].|
|9|All kinds of copies of any judgement, decree, order, proceeding, the documents filed in a proceeding etc.||||Rs. 10/- (Rupees ten) per page.|
|10|Caveat||||Rs. 100/- (Rupees one hundred)|
|11|Application for review of judgement.||||Rs. 500/- (Rupees five hundred) only.|
|12|Memorandum of Appeal when the appeal is not from a decree or an order having the force of a decree and is presented.||(a) To any Civil Court other than a High Court, or to any Revenue Court, or Executive Officer, other than the High Court or Chief Controlling Revenue or Executive Authority.||Rs. 50/- (Rupees fifty).|
||||(b) To High Court or Chief Controlling||Rs. 100/- (Rupees one|
65
-----
|Col1|Col2|Col3|Executive or Revenue Authority.|Col5|hundred).|
|---|---|---|---|---|---|
|13|Plaint or Memorandum of Appeal in each of the following suits:-||(i) To alter or set aside a summary decision or order of any of the Civil Courts (not established by Letters Patent or not a Revenue Court)||Rs. 500/- (Rupees five hundred).|
||||(ii) To alter or cancel any entry in a register of the names of proprietors of revenue paying estates.||Rs. 500/- (Rupees five hundred).|
||||(iii) To obtain a declaratory decree where no consequential relief is prayed.||Rs. 1000/- (Rupees one thousand).|
||||(iv) To set aside an award.||Rs. 1000/- (Rupees one thousand).|
||||(v) To set aside an adoption.||Rs. 1000/- (Rupees one thousand).|
||||(vi) For every other suit where it is not possible to estimate at a money value the subject matter in dispute and which is not otherwise provided for by this Act.||Rs. 1000/- (Rupees one thousand).|
|14|Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908.||||Rs. 200/- (Rupees two hundred).|
|15|(1) Every petition under the Indian Divorce Act, 1869 except under Section 44 of the same Act and every Memorandum of Appeal under Section 55 of the same Act.||||Rs. 500/- (Rupees five hundred).|
66
-----
|Col1|(2) Plaint or Memorandum of Appeal under the Parsi Marriage and Divorce Act, 1865.|Col3|Col4|Col5|
|---|---|---|---|---|
[Vide Bihar Act 7 of 1996, s. 2]
**Bihar**
**Substitution of Schedules I and II appended to Act VII, 1870.—In the Court Fees Act, 1870 [Act VII**
of 1870] as amended by Court Fees [(Bihar Amendment) Act, 1995] Schedules I and II shall
be substituted, by the following:
**Schedule-I**
_Ad Valorem Fees_
# No. Subject Description Rates
1 Plaint, written statement, When the amount or
pleading of an adjustment or value of the subject counter claim or matter in dispute- memorandum of appeal or a
(i) up to Rs. 30,000/- 15% of the amount or
cross objection, or plaint or
(Rupees thirty thousand) value
memorandum of appeal to set aside an award not otherwise
(ii) exceed Rs. 30,000/- Rs. 4,500/- (Rupees
provided in this Act,
(Rupees thirty thousand) four thousand five
presented to any Civil or
but does not exceed Rs. hundred) + 10% of
Revenue Court except those
5,00,000/- (Rupees five amount or value
mentioned in Section-3.
lac). exceeding Rs.
30,000/- (Rupees thirty thousand).
(iii) exceeds Rs. Rs. 51,500 (fifty one 5,00,000/- (five lac) but thousand five does not exceed Rs. hundred) + 5% of 20,00,000/-(twenty lac). amount or value
exceeding Rs. 5,00,000/- (five lac).
(iv) exceeds Rs. Rs. 1,26,500 (Rupees 20,00,000/- (Rupees one lac twenty six twenty lac), Rs. 1 (one) thousand five crore. hundred) + 1% of the
amount or value exceeding Rs. 20,00,000/- (Rupees twenty lac).
(v) exceeds Rs. 1 (one) Rs. 2,06,500/- crore (Rupees two lac six
thousand five hundred) + ½% of the amount or value exceeding Rs. 1 (one) crore. Maximum Rs.
67
|Ad Valorem Fees|Col2|Col3|Col4|Col5|Col6|
|---|---|---|---|---|---|
|No. Subject Description Rates||||||
|1|Plaint, written statement, pleading of an adjustment or counter claim or memorandum of appeal or a cross objection, or plaint or memorandum of appeal to set aside an award not otherwise provided in this Act, presented to any Civil or Revenue Court except those mentioned in Section-3.||When the amount or value of the subject matter in dispute-|||
||||(i) up to Rs. 30,000/- (Rupees thirty thousand)||15% of the amount or value|
||||(ii) exceed Rs. 30,000/- (Rupees thirty thousand) but does not exceed Rs. 5,00,000/- (Rupees five lac).||Rs. 4,500/- (Rupees four thousand five hundred) + 10% of amount or value exceeding Rs. 30,000/- (Rupees thirty thousand).|
||||(iii) exceeds Rs. 5,00,000/- (five lac) but does not exceed Rs. 20,00,000/-(twenty lac).||Rs. 51,500 (fifty one thousand five hundred) + 5% of amount or value exceeding Rs. 5,00,000/- (five lac).|
||||(iv) exceeds Rs. 20,00,000/- (Rupees twenty lac), Rs. 1 (one) crore.||Rs. 1,26,500 (Rupees one lac twenty six thousand five hundred) + 1% of the amount or value exceeding Rs. 20,00,000/- (Rupees twenty lac).|
||||(v) exceeds Rs. 1 (one) crore||Rs. 2,06,500/- (Rupees two lac six thousand five hundred) + ½% of the amount or value exceeding Rs. 1 (one) crore. Maximum Rs.|
-----
|Col1|Col2|Col3|Col4|Col5|3,00,000/- (rupees three lac.)|
|---|---|---|---|---|---|
|2|Plaint in a suit for possession under Section 6 of Specific Relief Act, 1963.||||According to rates as prescribed in item no.1.|
|3|Probate of a will or letters of administration with or without will annexed.||||10% of the amount or value [minimum Rs. 500/- (Rupees five hundred) & maximum Rs. 3,00,000/- (Rupees three lac)].|
|4|Certificate under the Succession Certificate Act, 1889.||||As prescribed in item no. 3 on amount or value indicated on certificate.|
**Schedule-II**
_Fixed Fees_
# When presented to an administrative or revenue officer of State Government or Central Government or local body or in a civil or criminal or small cause court other than High Court and which is not otherwise provided
(i) Under Article 226, 227 or under Article 226 and 227 of the Constitution
application.
(ii) On other applications
68
|Fixed Fees|Col2|Col3|Col4|Col5|Col6|
|---|---|---|---|---|---|
|No. Subject Description Fee||||||
|1|(1) Application or petition||When presented to an administrative or revenue officer of State Government or Central Government or local body or in a civil or criminal or small cause court other than High Court and which is not otherwise provided-||Rs. 20/- (Rupees twenty)|
||(2) When presented to the High Court-||(i) Under Article 226, 227 or under Article 226 and 227 of the Constitution-|||
||||(a) To file a general application.||Rs. 500/- (Rupees five hundred).|
||||(b) To file a Public Interest Litigation.||Rs. 1000/- (Rupees one thousand).|
||||(ii) On other applications||Rs. 250/- (Rupees two hundred fifty).|
||(3) Application for Civil Revision under Section||||Rs. 250/- (Rupees two hundred fifty).|
-----
|Col1|115 of Civil Procedure Code or Criminal Revision under Section 397 read with Section 399/401 of Criminal Procedure Code.|Col3|Col4|Col5|Col6|
|---|---|---|---|---|---|
|2|Application to call for records from any other Court.||||Rs. 50/- (Rupees fifty).|
|3|Application for leave to sue as a pauper or for leave to appeal as pauper.||||Rs. 20/- (Rupees twenty).|
|4|Plaint or memorandum of appeal to establish or prove a right of occupancy.||||Rs. 100/- (Rupees one hundred).|
|5|Bail Bond or other instruments of obligation given in pursuance of any order made by a Court or Magistrate under any section of the Code of Criminal Procedure, 1973 or the Code of Civil Procedure, 1908 and not otherwise provided by this Act.||||Rs. 20/- (Rupees twenty).|
|6|Undertaking under Section 49 of the Indian Divorce Act, 1869 (4 of 1869).||||Rs. 100/- (Rupees one hundred).|
|7|Affidavit||(i) In all other courts except the High Court.||Rs. 20/- (Rupees twenty Rupees).|
||||(ii) In the High Court.||Rs. 30/- (Rupees thirty).|
|8|Vakalatnama||(i) In all other courts except the High Court.||Rs. 30/- (Rupees thirty) [Court fee Rs. 20/- + Advocate Welfare stamps Rs. 10/-].|
||||(ii) In the High Court.||Rs. 50/- (Rupees fifty) [Court fee Rs. 30/-+ Advocate|
69
-----
|Col1|Col2|Col3|Col4|Col5|Welfare stamp Rs. 20/-].|
|---|---|---|---|---|---|
|9|All kinds of copies of any judgement, decree, order, proceeding, the documents filed in a proceeding etc.||||Rs. 10/- (Rupees ten) per page.|
|10|Caveat||||Rs. 100/- (Rupees one hundred)|
|11|Application for review of judgement.||||Rs. 500/- (Rupees five hundred) only.|
|12|Memorandum of Appeal when the appeal is not from a decree or an order having the force of a decree and is presented.||(a) To any Civil Court other than a High Court, or to any Revenue Court, or Executive Officer, other than the High Court or Chief Controlling Revenue or Executive Authority.||Rs. 50/- (Rupees fifty).|
||||(b) To High Court or Chief Controlling Executive or Revenue Authority.||Rs. 100/- (Rupees one hundred).|
|13|Plaint or Memorandum of Appeal in each of the following suits:-||(i) To alter or set aside a summary decision or order of any of the Civil Courts (not established by Letters Patent or not a Revenue Court)||Rs. 500/- (Rupees five hundred).|
||||(ii) To alter or cancel any entry in a register of the names of proprietors of revenue paying estates.||Rs. 500/- (Rupees five hundred).|
||||(iii) To obtain a declaratory decree where no consequential relief is prayed.||Rs. 1000/- (Rupees one thousand).|
||||(iv) To set aside an award.||Rs. 1000/- (Rupees one thousand).|
||||(v) To set aside an||Rs. 1000/- (Rupees|
70
-----
|Col1|Col2|Col3|adoption.|Col5|Col6|one thousand).|
|---|---|---|---|---|---|---|
||||(vi) For every other suit where it is not possible to estimate at a money value the subject matter in dispute and which is not otherwise provided for by this Act.|||Rs. 1000/- (Rupees one thousand).|
|14|Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908.|||||Rs. 200/- (Rupees two hundred).|
|15|(1) Every petition under the Indian Divorce Act, 1869 except under Section 44 of the same Act and every Memorandum of Appeal under Section 55 of the same Act.|||||Rs. 500/- (Rupees five hundred).|
||(2) Plaint or Memorandum of Appeal under the Parsi Marriage and Divorce Act, 1865.||||||
[Vide Bihar Act 4 of 2008, s. 2]
**Bihar**
**Amendment of Articles 1 and 6 of Schedule I to Act VII of 1870. - For the 'proper fee' set forth in**
Schedule I to the Court-fees Act, 1870 (VII of 1870), as amended from time to time in its application to
the State of Bihar (hereinafter referred to as the said Act), for Articles 1 and 6 and shown in the second
column of the Schedule A to this Act, the 'proper fees' shown against them in the third column of the said
Schedule A shall be substituted.
[Vide Bihar Act 7 of 1958, s. 2]
**Amendment of the Table of Rates in Schedule I to Act VII of 1870. - For the 'proper fees' set forth in**
the table of rates annexed to Schedule to the said Act and shown in the first column of Schedule B to this
Act, the 'proper fees' shown in the second column of the Schedule B shall be substituted.
[Vide Bihar Act 7 of 1958, s. 3]
**Amendment in Schedule-I and II of the Court-Fees Act, 1870. - Any fee payable under Schedule-I and**
Schedule-II of the Court-Fees Act, 1870 calculated in paise shall be rounded off in rupee.
[Vide Bihar Act 13 of 2010, s. 2]
71
-----
**Haryana**
**Amendment of Schedule I to 7 of 1870.—In Schedule I to the principal Act, --**
(i) after serial number 5 and entries thereagainst, the following serial number and entries
thereagainst shall be inserted, namely:-
1 2 3 4
“5-A Copy of order of the -- _Five rupees.";_
Rent Controller
(ii) against serial number 8, under columns 3 and 4, for the existing
entries, the following entries shall be substituted, namely :—
3 4
“for every Page Two rupees.".
**Bihar**
**Amendment of item 2, 3 and 4 of Schedule I appended to Act VII, 1870 (as amended by Bihar**
**Amendment Act, 1996).—In the Court fees act, 1870 (as amended by Bihar Amendment Act, 1995) for**
the items 2, 3 and 4 of Schedule I the following shall be substituted, namely:
(1) Plaint in a suit for possession under A fee of half of the prescribed fee in the foregoing
Specific Relief Act, 1963, Section 6. Scale in item I.
(2) Application for review of judgement if The fee leviable on the plaint or memorandum of
presented on or after the ninetieth day from the appeal as item 1.
date of the decree.
(3) Application for review of judgement, if One half of the fee leviable on the plaint or
presented before the ninetieth day from the memorandum of appeal as item 1.
date of the decree.
[Vide Bihar Act 9 of 2001, s. 2]
72
|1|2|3|4|
|---|---|---|---|
|“5-A|Copy of order of the Rent Controller|--|Five rupees.";|
||(ii) against serial number 8, under columns 3 and 4, for the existing entries, the following entries shall be substituted, namely :—|||
|3||4||
|“for every Page||Two rupees.".||
|(1) Plaint in a suit for possession under Specific Relief Act, 1963, Section 6.|A fee of half of the prescribed fee in the foregoing Scale in item I.|
|---|---|
|(2) Application for review of judgement if presented on or after the ninetieth day from the date of the decree.|The fee leviable on the plaint or memorandum of appeal as item 1.|
|(3) Application for review of judgement, if presented before the ninetieth day from the date of the decree.|One half of the fee leviable on the plaint or memorandum of appeal as item 1.|
-----
73
-----
74
-----
75
-----
76
-----
**STATE AMENDMENT**
**Orissa**
**Amendment of Article 1 of Schedule II of Act VII of 1870.—. In Article I of Schedule II of the**
principal Act,—
(a) in the third column opposite clause (a), for the words “one annas” the words “two annas”
shall be substituted;
(b) in the third column opposite clause (b), for the words, “eight annas” the words “in the
case of a criminal complaint and appeal one rupee and in other cases twelve annas” shall
be substituted;
(c) in the third column opposite clause (c) for the words “one rupee” the words “one rupee
eight annas” shall be substituted;
(d) in the second and third columns, for clause (d) and the words opposite the said clause the
following shall be substituted:—
“(d) (i) When presented to a High Court under section 115 of the Code of Civil Procedure,
1908 (5 of 1908), for revision of an order,—
(a) When the value of the suit
or proceedings to which
the order relates does not
exceed one thousand
rupees.
(b) When the value of the suit
or proceeding exceeds one
thousand rupees.
(ii) when presented to a High Court
otherwise than under that section.
[Vide Orissa Act 5 of 1939, s. 22]
Five rupees.
Ten rupees.
Two rupees.”
**Amendment of Article 1A of Schedule II of Act VII of 1870.--In the third column of Article 1A of**
Schedule II of the principal Act, for the words “twelve annas” the words “one rupee” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 23]
**Amendment of Article 10 of Schedule II of Act VII of 1870.—In Article 10 of Schedule II of the**
principal Act,—
In the third column—
(i) for the words “eight annas” the words “one rupee” shall be substituted;
(ii) for the words “one rupee” the words “two rupees “ shall be substituted;
(iii) for the words “two rupees” the words “three rupees” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 24]
**Amendment of Article 11 of Schedule II of Act VII of 1870.— In Article 11 of Schedule II of the**
principal Act—
(a) for the entry in the first column, the following entry shall be substituted:—
“Memorandum of appeal when the appeal is from an order inclusive of an order determining
any question under section 47 or section 144 of the Code of Civil Procedure (5 of 1908) and is
presented”.
77
-----
(c) in the third column—
(i) for the words “eight annas” the words “one rupee” shall be substituted;
(ii) for the words “two rupees” the words “four rupees” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 25]
**Amendment of Article 11 of Schedule II of Act VII of 1870.--In the third column in Article 2 of**
Schedule II of the principal Act, for the words “five rupees” the words “ten rupees” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 26]
**Amendment of Article 14 of Schedule I of Act VII of 1870.-- In the third column in Article 14 of**
Schedule II of the principal Act, for the words “five rupees” the words “ten rupees” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 27]
**Amendment of Article 17 and insertion of new Article 17A in Schedule II of Act VII of 1870.--**
For Article 17 of Schedule II of the principal Act the following two Articles shall be substituted:—
“17. Plaint or memorandum of
appeal in a suit,—
(i) to alter or set aside a summary
decision or order of any of the
Civil Courts not established by
Letters Patent or of any Revenue
Court;
(ii) to alter or cancel any entry in a
register of the names of the
proprietors of revenue –paying
estates;
(iii) for relief under section 14
Endowment Act, 1868 (XX of
1868), or under section 91 of the
Code of Civil Procedure, 1908.
17A.Plaint or memorandum of
appeal in every suit where it is not
possible to estimate at a moneyvalue the subject-matter in dispute
and which is not otherwise
provided for by this Act.
[Vide Orissa Act 5 of 1939, s. 28]
When the plaint is
prescribed to, or the
memorandum of
appeal is against the
decree of—
(a) a Revenue
court in the
district of
Ganjam or
Koraput;
(b) any other
Revenue
court, or any
court of a
District
Judge, subordinate
Judge or
Munsif.
78
Fifteen rupees.
Fifteen rupees.
Fifteen rupees.
Ten rupees.
Fifteen rupees if the
value for purposes of
jurisdiction does not
exceed four thousand
rupees, one hundred
rupees if such value
exceeds four
thousand rupees.”
-----
**Amendment of Article 18 of Schedule II of Act VII of 1870.--In Article 18 of Schedule II of the**
principal Act—
(a) for the entry in the first column, the following entry shall be substituted:—
“Application under paragraph 17 or paragraph 20 of the Second Schedule to the Code of
Civil Procedure, 1908 (5 of 1908)”;
(c) in the third column for the words “ten rupees” shall be substituted.
[Vide Orissa Act 5 of 1939, s. 29]
**Amendment of Article 19 of Schedule II of Act VII of 1870.— In the third column in Article 19 of**
Schedule II of the principal Act, for the words “ten rupees” the words “fifteen rupees” shall be
substituted.
[Vide Orissa Act 5 of 1939, s. 30]
**Amendment of Article 19 of Schedule II of Act VII of 1870.—In the third column in Article 20**
Schedule II of the principal Act, for the words “twenty rupees” the words “thirty rupees” shall be
substituted.
[Vide Orissa Act 5 of 1939, s. 31]
**Amendment of Article 21 of Schedule II of Act VII of 1870.--In the third column in Article 21**
Schedule II of the principal Act, for the words “twenty rupees” the words “thirty rupees” shall be
substituted.
When the amount or value of the But does not exceed Proper fee.
subject-matter exceeds
# 1 2 3
Rs. Rs. Rs. a. p.
5,200 5,300 426 4 0
5,300 5,400 433 12 0
5,400 5,500 441 4 0
5,500 5,600 418 12 0
5,600 5,700 456 4 0
5,700 5,800 463 12 0
5,800 5,900 471 4 0
5,900 6,000 478 12 0
6,000 6,100 486 4 0
6,100 6,200 493 12 0
6,200 6,300 501 4 0
6,300 6,400 508 12 0
6,400 6,500 516 4 0
6,500 6,600 523 12 0
79
|When the amount or value of the subject-matter exceeds|But does not exceed|Proper fee.|
|---|---|---|
|1|2|3|
|Rs. 5,200 5,300 5,400 5,500 5,600 5,700 5,800 5,900 6,000 6,100 6,200 6,300 6,400 6,500|Rs. 5,300 5,400 5,500 5,600 5,700 5,800 5,900 6,000 6,100 6,200 6,300 6,400 6,500 6,600|Rs. a. p. 426 4 0 433 12 0 441 4 0 418 12 0 456 4 0 463 12 0 471 4 0 478 12 0 486 4 0 493 12 0 501 4 0 508 12 0 516 4 0 523 12 0|
-----
|6,600 6,700 6,800 6,900 7,000|6,700 6,800 6,900 7,000 7,100|513 4 0 638 12 0 646 4 0 658 12 0 661 4 0|
|---|---|---|
[Vide Orissa Act 5 of 1939, s. 32]
**Amendment of Schedule-II.—In Article 1 of Schedule-II to the Court-fees Act, 1870 (7 of 1870) in**
its application to the State of Odisha, for clause (b) including the entries under the second and third
columns thereof, the following shall be substituted under appropriate column, namely:—
“(b) (i) When containing a complaint or charge In the case of a criminal complaint and appeal, four
of any offence other than the complaint for the rupees and in other cases two rupees.
offence under section 138 of the Negotiable
Instrument Act, 1881 (26 of 1881) and an
offence for which Police Officers may under the
Code of Criminal Procedure, 1973 (2 of 1974)
arrest without warrant, and presented to any
Criminal Court;
Or when presented to a Civil, Criminal or
Revenue Court or to a Collector, or any
Revenue Officer having jurisdiction equal or
sub-ordinate to a Collector;
Or to any Magistrate in his executive capacity
and not otherwise provided for by this Act;
Or to deposit in Revenue Court or rent; or for
determination by a Court of the amount of
compensation to be paid by a landlord to his
tenant.
(ii) Complaint for the offence under section 138 One hundred rupees
of the Negotiable Instrument Act, 1881 (26 of
1881)— Five hundred rupees.
When the amount involved In the cheque or
instrument does not exceed ten thousand rupees. One thousand rupees.
When the amount involved in the cheque or
instrument exceeds ten thousand rupees but does
not exceed one lakh rupees.
When the amount involved in the cheque or
instrument exceeds one lakh rupees.
[Vide Orissa Act 4 of 2013, s. 2]
80
|“(b) (i) When containing a complaint or charge of any offence other than the complaint for the offence under section 138 of the Negotiable Instrument Act, 1881 (26 of 1881) and an offence for which Police Officers may under the Code of Criminal Procedure, 1973 (2 of 1974) arrest without warrant, and presented to any Criminal Court; Or when presented to a Civil, Criminal or Revenue Court or to a Collector, or any Revenue Officer having jurisdiction equal or sub-ordinate to a Collector; Or to any Magistrate in his executive capacity and not otherwise provided for by this Act; Or to deposit in Revenue Court or rent; or for determination by a Court of the amount of compensation to be paid by a landlord to his tenant. (ii) Complaint for the offence under section 138 of the Negotiable Instrument Act, 1881 (26 of 1881)— When the amount involved In the cheque or instrument does not exceed ten thousand rupees. When the amount involved in the cheque or instrument exceeds ten thousand rupees but does not exceed one lakh rupees. When the amount involved in the cheque or instrument exceeds one lakh rupees.|In the case of a criminal complaint and appeal, four rupees and in other cases two rupees. One hundred rupees Five hundred rupees. One thousand rupees.|Col3|
|---|---|---|
-----
**Amendment of Schedule II.—** In Schedule II to the principal Act, under the heading “proper fee” for
the entries as mentioned in column (2) of the following Table against the corresponding articles in
column (1) thereof, the entries as mentioned against them in column (3) of the said Table shall
respectively be substituted:—
Corresponding Article Entries Occurring under the heading “proper Entries to be substituted
fee”
(1) (2) (3)
1.(a) Forty-five paise One rupee
(b) In case of criminal complaint and appeal, In case of criminal complaint and appeal,
two rupees and twenty-five paise and in four rupees and in other cases two rupees.
other cases one rupee and twenty-paise.
Two rupees and fifty paise Five rupees
(c) Five rupees and fifty paise Eleven rupees
(d) (i) (a) Eleven rupees Twenty rupees
(b)
Two rupees and twenty paise Four rupees
(ii)
1-A
one rupee and sixty-five paise in addition to Three rupees in addition to any fee levied on
any fee levied on the application under the application under clause (a), clause (b) or
clause (a), clause (b) or clause (d) of article - clause (d) of article-1 of this Schedule.
1 of this Schedule.
Fifty-five paise One rupees
2.
One rupee and ten paise Two rupees
3.(a)
(b) Two rupees and twenty paise Four rupees
4. Fifty naye paise One rupee
5. Fifty naye paise One rupee
6. Fifty naye paise One rupee
7. Fifty naye paise One rupee
Two rupees and twenty-five paise Four rupees
10.(a)
(b) Three rupees and seventy-five paise Seven rupees
(c) Four rupees
11.(a) One rupee Eight rupees
(b)
Four rupees Two rupees
12.
Ten rupees Eight rupees
13.
Five rupees and fifty paise Twenty rupees
14.
17. Eleven rupees Ten rupees
17.A (a) Fifteen rupees Twenty-one rupees
(b) Ten rupees Thirty rupees
Fifteen rupees if the value for purposes of Twenty rupees
jurisdicaiton does not exceed four thousand Thirty rupees if the value for purposes of
rupees. One hundred rupees if such value jurisdiction does not exceed four thousand
exceeds four thousand rupees. rupees. Two hundred rupees if such value
exceeds four thousand rupees.
18. Sixteen rupees and fifty paise Thirty-two rupees
19. Fifteen rupees Thirty rupees
20. Thirty-three rupees Sixty-two rupees
21.
Thirty rupees Sixty rupees
[Vide Orissa Act 34 of 1992, s. 3]
81
|respectively be substituted:—|Col2|Col3|
|---|---|---|
|Corresponding Article (1)|Entries Occurring under the heading “proper fee” (2)|Entries to be substituted (3)|
|1.(a) (b) (c) (d) (i) (a) (b) (ii) 1-A 2. 3.(a) (b) 4. 5. 6. 7. 10.(a) (b) (c) 11.(a) (b) 12. 13. 14. 17. 17.A (a) (b) 18. 19. 20. 21.|Forty-five paise In case of criminal complaint and appeal, two rupees and twenty-five paise and in other cases one rupee and twenty-paise. Two rupees and fifty paise Five rupees and fifty paise Eleven rupees Two rupees and twenty paise one rupee and sixty-five paise in addition to any fee levied on the application under clause (a), clause (b) or clause (d) of article - 1 of this Schedule. Fifty-five paise One rupee and ten paise Two rupees and twenty paise Fifty naye paise Fifty naye paise Fifty naye paise Fifty naye paise Two rupees and twenty-five paise Three rupees and seventy-five paise Four rupees One rupee Four rupees Ten rupees Five rupees and fifty paise Eleven rupees Fifteen rupees Ten rupees Fifteen rupees if the value for purposes of jurisdicaiton does not exceed four thousand rupees. One hundred rupees if such value exceeds four thousand rupees. Sixteen rupees and fifty paise Fifteen rupees Thirty-three rupees Thirty rupees|One rupee In case of criminal complaint and appeal, four rupees and in other cases two rupees. Five rupees Eleven rupees Twenty rupees Four rupees Three rupees in addition to any fee levied on the application under clause (a), clause (b) or clause (d) of article-1 of this Schedule. One rupees Two rupees Four rupees One rupee One rupee One rupee One rupee Four rupees Seven rupees Eight rupees Two rupees Eight rupees Twenty rupees Ten rupees Twenty-one rupees Thirty rupees Twenty rupees Thirty rupees if the value for purposes of jurisdiction does not exceed four thousand rupees. Two hundred rupees if such value exceeds four thousand rupees. Thirty-two rupees Thirty rupees Sixty-two rupees Sixty rupees|
-----
**Uttar Pradesh**
**Amendment of Schedule II of Act (7 of 1870).—In Schedule II to the Court-Fees Act, as**
amendment in its application to Uttar Pradesh, in Article 1 (Application or Petition), in clause (f), —
(a) in sub-clause (i), for the words “Five rupees” the words “One hundred rupees” shall be
substituted; and
(b) in sub-clause (i), for the words “Ten rupees” the words “Two hundred rupees” shall be
substituted.
[Vide Uttar Pradesh Act 14 of 1989, s. 2]
**Haryana**
**Substitution of Schedules I and II to Act 7 of 1870.—For Schedules I and II to the principal Act,**
the following Schedules substitution shall be substituted, namely :—
SCHEDULE I
_Ad valorem fees_
Serial No. Nature of Document Amount of value Proper fee
1 2 3 4
Plaint, written statement, When the amount or value One rupee.
pleading or set off or of the subject matter in
counter claim or dispute does not exceed
memorandum of appeal one hundred rupees, for
(not otherwise provided every ten rupees or part
for in this Act) or of cross thereof,
objections presented to
When such amount or Three rupees.
any civil or revenue court
value exceeds one hundred
except those mentioned in
rupees, but does not exceed
section 3.
five hundred rupees, for
every twenty rupees, or
part thereof in excess of
one hundred rupees, up to
five hundred rupees.
when such amount or value
exceeds three thousand
rupees, for every one
hundred rupees, or part
thereof, in excess of three
thousand rupees, up to ten
thousand when such
amount or value exceeds
three thousand rupees, for
every one hundred rupees, Twenty rupees .
or part thereof, in excess of
three thousand rupees, up
to ten thousand
When such amount or
Seventy-five rupees.
value exceeds ten
thousand rupees, for
every five hundred
82
|Serial No.|Nature of Document|Amount of value|Proper fee|
|---|---|---|---|
|1|2|3|4|
||Plaint, written statement, pleading or set off or counter claim or memorandum of appeal (not otherwise provided for in this Act) or of cross objections presented to any civil or revenue court except those mentioned in section 3.|When the amount or value of the subject matter in dispute does not exceed one hundred rupees, for every ten rupees or part thereof, When such amount or value exceeds one hundred rupees, but does not exceed five hundred rupees, for every twenty rupees, or part thereof in excess of one hundred rupees, up to five hundred rupees. when such amount or value exceeds three thousand rupees, for every one hundred rupees, or part thereof, in excess of three thousand rupees, up to ten thousand when such amount or value exceeds three thousand rupees, for every one hundred rupees, or part thereof, in excess of three thousand rupees, up to ten thousand When such amount or value exceeds ten thousand rupees, for every five hundred|One rupee. Three rupees. Twenty rupees . Seventy-five rupees.|
-----
|Col1|Col2|rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand rupees When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees, up to fifty thousand rupees When such amount or value exceeds fifty thousand rupees, for every five thousand rupees, or part thereof, in excess of fifty thousand rupees|One hundred rupees. Two hundred rupees.|
|---|---|---|---|
|2.|Plaint in a suit for possession under the Specific Relief Act, 1963, section 6|----|A fee of one-half the amount prescribed in the foregoing scale.|
|3.|Application for review of judgement, if presented on or after the ninetieth day from the date of the decree||The fee leviable on the plaint or memorandum of appeal.|
|4.|Application for review of judgement, if presented before the ninetieth day from the date of the decree||One-half of the fee leviable on the plaint or memorandum of appeal.|
|5.|Copy of translation of judgement or order not being, or having the force of, a decree|When such judgement or order is passed by any civil court other than the High Court, or by the presiding officer of any revenue court or office, or by any other judicial or executive authority When such judgement or order is passed by the High Court|Two rupees. Five rupees.|
|6.|Copy of a decree or order having the force of a decree|When such decree or order is made by any civil court other than the High Court or by any revenue court When such decree or order is made by the High Court|Five rupees. Ten rupees.|
83
-----
|7.|Copy of any document liable to stamp duty under the Indian Stamp Act, 1899, when left by any party to a suit or proceeding in place of the original withdrawn, provided such copy is not subject to any duty under the Indian Stamp Act, 1899|(a) When the stamp duty chargeable, on the original does not exceed seventy five paise (b) in any other case|The amount of the duty chargeable on the original, Two rupees.|
|---|---|---|---|
|8.|Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act, or copy of any account, statement, report or the like, taken out of any civil or criminal or revenue court or office, or from the office of any chief officer charged with the executive administration of a Division|For every three hundred and sixty words or One rupee fraction of three hundred and sixty words|One rupee.|
|9.|probate of a will or letters of administration with or without will annexed|When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, but does not exceeds ten thousand rupees. When such amount or value exceeds ten thousand rupees, but does not exceed fifty thousand rupees When such amount or value exceeds fifty thousand rupees|three per centum on such amount or value. Five per centum on such amount or value. Six per centum on such amount or value.|
|10.|Certificate under part X of the Indian Succession Act, 1925.|In any case|Three per centum on the amount or value of any debt or security specified in the certificate under section 374 of that Act, and five per centum on the amount or value of any debt or security to which the certificate is extended under section 376 of that Act.|
||||Notes .—(1) The amount of a debt is its amount, including interest, on the day on which the inclusion of the debt in the certificate is applied for, so far as such amount can be ascertained.|
84
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|Col1|Col2|Col3|(2) Whether or not any power with respect to a security specified in a certificate has been conferred under that Act, and where such a power has been so conferred, whether the power is for the receiving of interest or dividends on, or for the negotiation or transfer of, the security, or for both purposes, the value of the security is its market value on the duty on which the inclusion of the security in the certified applied for, so fur as such value can be ascertained.|
|---|---|---|---|
|11.|Application to the High Court for the exercise of its jurisdiction under section 44 of the Punjab Courts Act, 1918, or to the court of the Financial Commissioner for the exercise of its revisional jurisdiction under section 84 of the Punjab Tenancy Act, 1887.||Fifteen rupees.|
Table of rates of ad-valorem fees leviable on the institution of suits
**But does not exceed**
**2**
Rs
10 .
20 2
30 3
40 4
50 5
60 6
70 7
80 8
90 9
100 10
120 13
140 16
160 19
85
|Value of the subject matter exceeds|But does not exceed|Proper fee|
|---|---|---|
|1|2|3|
|Rs|Rs|Rs|
|10|10|.|
|20|20|2|
|30|30|3|
|40|40|4|
|50|50|5|
|60|60|6|
|70|70|7|
|80|80|8|
|90|90|9|
|100|100|10|
|120|120|13|
|140|140|16|
|160|160|19|
-----
|180|180|22|
|---|---|---|
|200|200|25|
|220|220|28|
|240|240|31|
|260|260|34|
|280|280|37|
|300|300|40|
|320|320|43|
|340|340|46|
|360|360|49|
|380|380|52|
|400|400|55|
|420|420|58|
|440|440|61|
|460|460|64|
|480|480|67|
|500|500|78|
|550|550|86|
|600|600|94|
|650|650|102|
|700|700|110|
|750|750|118|
|800|800|126|
|850|850|134|
|900|900|142|
|950|950|150|
|1,000|1,000|158|
|1050|1,050|166|
|1150|1,100|174|
|1200|1,200|182|
|1250|1,250|190|
|1300|1300|198|
|1350|1350|206|
|1400|1400|214|
|1450|1450|222|
|1500|1500|238|
86
-----
|1550|1550|246|
|---|---|---|
|1600|1600|254|
|1650|1650|262|
|1700|1700|270|
|1750|1750|278|
|1800|1800|286|
|1850|1850|294|
|1900|1900|302|
|1950|1950|310|
|2000|2000|318|
|2050|2050|326|
|2100|2100|334|
|2150|2150|342|
|2200|2200|350|
|2250|2250|358|
|2300|2300|366|
|2350|2350|374|
|2400|2400|382|
|2450|2450|390|
|2500|2500|398|
|2550|2550|406|
|2600|2600|414|
|2650|2650|432|
|2700|2700|430|
|2750|2750|446|
|2800|2800|454|
|2850|2850|462|
|2900|2900|470|
|2950|2950|490|
|3000|3000|510|
|3100|3100|530|
|3200|3200|550|
|3300|3300|570|
|3400|3400|590|
|3500|3500|610|
|3600|3600|630|
87
-----
|3700|3700|650|
|---|---|---|
|3800|3800|670|
|3900|3900|690|
|4000|4000|710|
|4100|4100|730|
|4200|4200|750|
|4300|4300|770|
|4400|4400|790|
|4500|4500|810|
|4600|4600|830|
|4700|4700|850|
|4800|4800|870|
|4900|4900|890|
|5000|5000|910|
|5100|5100|930|
|5200|5200|950|
|5300|5300|950|
|5400|5400|970|
|5500|5500|990|
|5600|5600|1010|
|5700|5700|1030|
|5800|5800|1050|
|5900|5900|1070|
|6000|6000|1090|
|6100|6100|1110|
|6200|6200|1130|
|6300|6300|1150|
|6400|6400|1170|
|6500|6500|1190|
|6600|6600|1210|
|6700|6700|1210|
|6800|6800|1250|
|6900|7000|1290|
|7000|7000|1310|
|7100|7100|1350|
|7200|7200|1370|
88
-----
|7300|7300|1390|
|---|---|---|
|7400|7400|1410|
|7500|7500|1430|
|7600|7600|1450|
|7700|7700|1470|
|7800|7800|1490|
|7900|7900|1510|
|8000|8000|1530|
|8100|8100|1550|
|8200|8200|1570|
|8300|8300|1590|
|8400|8400|1610|
|8500|8500|1630|
|8600|8600|1650|
|8700|8700|1670|
|8800|8800|1690|
|8900|8900|1710|
|9000|9000|1730|
|9100|9100|1750|
|9200|9200|1770|
|9300|9300|1790|
|9400|9400|1810|
|9500|9500|1830|
|9600|9600|1850|
|9700|9700|1870|
|9800|9800|1945|
|9900|9900|2020|
|10000|10000|2095|
|10500|10500|2170|
|11000|11000|2245|
|11500|11500|2320|
|12000|12000|2395|
|12500|12500|2470|
|13000|13000|2545|
|13500|13500|2620|
|14000|14000|2695|
89
-----
|14500|14500|2770|
|---|---|---|
|15000|15000|2845|
|15500|15500|2920|
|16000|16000|2995|
|16500|16500|3070|
|17000|17000|3145|
|17500|17500|3220|
|18000|18000|3295|
|18500|18500|3370|
|19000|19000|3470|
|19500|19500|3570|
|20000|20000|3670|
|21000|21000|3770|
|22000|22000|3870|
|23000|23000|3970|
|24000|24000|4070|
|25000|25000|4170|
|26000|26000|4270|
|27000|27000|4370|
|28000|28000|4470|
|29000|29000|4570|
|30000|30000|4670|
|31000|31000|4770|
|32000|32000|4870|
|33000|33000|4970|
|34000|34000|5070|
|35000|35000|5170|
|36000|36000|5270|
|37000|37000|5370|
|38000|38000|5470|
|39000|39000|5570|
|40000|40000|5670|
|41000|41000|5770|
|42000|42000|5870|
|43000|43000|5970|
|44000|44000|6070|
90
-----
|43000|43000|6170|
|---|---|---|
|44000|44000|6270|
|45000|45000|6370|
|46000|46000|6570|
|47000|47000|6770|
|48000|48000|6970|
|49000|49000|7170|
|50000|50000|7370|
|55000|55000|7570|
|60000|60000|7770|
|65000|65000|7970|
|70000|70000|8170|
|75000|75000|8370|
|80000|80000|8570|
|85000|85000|8770|
|90000|90000|8970|
|95000|95000|9170|
|100000|100000|9370|
|105000|105000|9370|
|110000|110000|9570|
|115000|115000|9770|
|120000|120000|9970|
|125000|125000|10170|
|130000|130000|10370|
|135000|135000|10570|
|140000|140000|10770|
|145000|145000|10970|
|150000|150000|11370|
|155000|155000|11570|
|160000|160000|11770|
|165000|165000|11970|
|170000|170000|12170|
|175000|175000|12370|
|180000|180000|12570|
|185000|185000|12770|
|190000|190000|12970|
91
-----
|195000|195000|13170|
|---|---|---|
|200000|200000|13370|
|205000|205000|13570|
|210000|210000|13770|
|215000|215000|13970|
|220000|220000|14170|
|225000|225000|14370|
|230000|230000|14570|
|235000|235000|14770|
|240000|240000|14970|
|245000|245000|15170|
|250000|250000|15370|
|255000|255000|15770|
|260000|260000|15970|
|265000|265000|16170|
|270000|270000|16370|
|275000|275000||
|280000|280000||
|285000|285000||
|290000|290000||
|295000|295000||
|300000|300000||
And when the amount or value of the subject-matter exceeds three lacs rupees the proper fee leviable
shall he sixteen thousand, three hundred and seventy rupees Plus two hundred rupees for each five
thousand rupees or part thereof, in excess of three lacs rupees.
92
-----
SCHEDULE II
FIXED FEES
court or office
otherwise provided for by this Act;
to be paid by landlord to his tenant
93
|Col1|Col2|FIXED FEES|Col4|
|---|---|---|---|
|Serial No.|Nature of the document|Amount of value|Proper fee|
|1|2|3|4|
||Application or petition|(a) When presented to any officer of the Customs or Excise Department or to any Magistrate, by any person having dealings with the Government and when the subject matter of such application relates exclusively to those dealings or when presented to any revenue officer by any person holding temporarily-settled land under direct engagement with Government, and when the subject-matter of the application or petition relates exclusively to such engagement; or when presented to any municipal commissioner under any Act for the time being in force for the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improvement; or when presented to any civil court other than a principal civil court of original jurisdiction, or to any court of small causes constituted under Act No. 11 of 1865 or under Act No. 16 of 1868; section 20, or to a Collector or other revenue officer in relation to any suit or case in which the amount or value of the subject-matter is less than fifty rupees; or when presented to any civil, criminal or revenue court, or to any Board or executive officer for the purpose of obtaining a copy or translation of any judgment, decree or order passed by such court, Board or officer, or of any other document on record in such court or office (b) when containing a complaint or charge of any offence other than an offence for which police officers may, under the Code of Criminal Procedure, 1898, arrest without warrant, and presented to any criminal court; or when presented to a civil criminal or revenue, court, or to a Collector or any revenue officer having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his executive capacity, and not otherwise provided for by this Act; or to deposit in court, revenue or rent ; or for determination by court of the amount of compensation to be paid by landlord to his tenant (c) when presented to a Chief Commissioner or other Chief Controller, Revenue or Executive Authority, or to a Commissioner of Revenue or Circuit, or to any Chief Officer charged with the executive administration of a Division and not otherwise provided for by this Act (d) when presented to the High Court — (i) for winding up a company or under section|One Rupees Two Rupees Three rupees Three|
-----
|Col1|Col2|397 or 398 of the Companies Act, (ii) under the same Act for taking some other judicial action; (iii) under article 226 of the Constitution of India other than petitions for habeas corpus and petition arising out of criminal proceedings ; (iv) petition under article 227 of the Constitution of India ; (v) in all other cases|hundred and fifty rupees. Twenty-five rupees. One hundred rupees Fifteen rupees Five rupees|
|---|---|---|---|
|2.|Application to any civil court that records may be called for from another court|When the court grants the application and is of opinion that the transmission of such records involves the use of the post|Two rupees|
|3.|Application for leave to sue as a pauper|..|Two rupees|
|4.|Application for leave to appeal as a pauper|(a) When presented to a District Court (b) When Presented to a Commissioner or the High Court|Two rupees Five rupees|
|5.|Bail-bond or other instrument of obligation given in pursuance of an order made by a court or Magistrate under any section of the Code of Criminal Procedure, 1898, or the Code of Civil Procedure, 1908, and not otherwise Provided for by this Act|..|One rupee|
|6.|Undertaking under section 49 of the Divorce Act, 1869||Two rupees|
|7.|Mukhtarnanca or Wakalatnama|When presented for the conduct of any one case—||
|||(a) to any civil or criminal court other than the High Court, or to any revenue court, or to any Collector or Magistrate, or other Executive Officer, except such as are mentioned in clauses (b) and (c) of this number (b) to a Revenue Commissioner or to any officer charged with executive administration of a Division, not being the Chief Revenue or Executive Authority (c) to the High Court, Chief Commissioner, Board of revenue, or other Chief controlling Revenue or Executive Authority|Two rupees Two rupees Three rupees|
|8.|Memorandum of appear when the appeal is not from a decree or an order having the|(a) to any civil court other than the High Court, or to any revenue court or Executive Officer other than the High Court or Chief Controlling Revenue or Executive Authority|Ten rupees|
94
-----
|Col1|force of a decree and is presented|(b) to the High Court or Chief Commissioner Fifteen rupees or other Chief Controlling Revenue or Executive Authority|fifteen rupees|
|---|---|---|---|
|9.|Caveat|--|Ten rupees|
|10.|Petition in a suit under the Converts Marriage Dis solution Act, 1866, the Divorce Act, 1869, or the Foreign Marriage Act, 1969|--|Twenty-five rupees|
|11.|(i) Every petition or application or memorandum of appeal under the Special Marriage Act, 1954, or the Hindu Marriage Act, 1955, or the Dissolution of Muslim Marriages Act, 1939 (ii) Application under section 24 of the Hindu Marriage Act, 1955|--|Twenty-five rupees Five rupees|
|12.|Plaint or memorandum of appeal in each of the following suits:— (i) to alter or set as ide a summary decision or order of any of the civil courts not established by Letters Patent or of any revenue court; (ii) to alter or cancel any entry in a register of the names of the proprietors of revenue paying estates; (iii) to obtain a declaratory decree where no consequential relief is prayed; (iv) to set aside an award ; (v) to set aside an adoption; (vi) every other suit where it is not possible to estimate at a money - value the subject matter in dispute, and which is not otherwise provided for by this Act|-- -- --- -- -- -- --|Twenty-five rupees|
95
-----
|13.|Application under section 20 of the Arbitration Act, 1940|--|Twenty-five rupees|
|---|---|---|---|
|14.|Agreement in writing stating a question for the opinion of the court under the Code of Civil Procedure, 1908|--|Twenty-five rupees|
|15.|Plaint or memorandum of appeal in a suit by a reversioner under the Punjab Customary Law for declaration in respect of an alienation of ancestral land|--|One hundred rupees|
|16.|Application or memorandum of appeal for relief under the Haryana Urban (Control of Rent and Eviction) Act, 1973—||Fifteen rupees|
||(i) other than for fixation of fair rent|(a) Up to an annual rent not exceeding six hundred rupees;|Fifteen rupees|
||(ii) for fixation of fair rent|(b) annual rent exceeding six hundred rupees|Fifteen rupees|
|17.|Claims for money (whether secured or unsecured) or a claim to set off made against such claims or counter claims under the Banking Companies Act, 1949|(a) Where the amount does not exceed Rs 2,500 ; (b) where the amount exceeds Rs 2,500 but does not exceed Rs 10,000; (c) where the amount exceeds Rs 10,000 ;|Twenty-five rupees Fifty -rupees One hundred rupees|
|18.|Memorandum of appeal from an order or decision passed under the Provisions of section 45-B of the Banking Companies Act, 1949|(a) Where the amount exceeds Rs 5,000 put does not exceed Rs 10,000; (b) where the amount exceeds Rs 10,000|One hundred rupees Two hundred rupees.|
[Vide Haryana Act 11 of 1974, s. 3]
**Haryana**
**Amendment of Schedule I to Act 7 of 1870.—** In Schedule I to the principal Act, —
(a) against serial number 5, under columns 3 and 4, for the existing entries, the following entry
shall be substituted, namely:-
"when such judgement or order is passed by Two rupees.";
any civil court or by the presiding officer of any revenue court or office,
or by any other judicial or executive authority
(b) against serial number 6, under columns 3 and 4, for the existing entries, the following entry
shall be substituted, namely :—
"when such decree or order is made by any Five rupees.";
96
-----
civil court or by any revenue court
(c) against serial number 11, under column 2, the words and figures "to the High Court for the
exercise of its jurisdiction under section 44 of the Punjab Courts Act, 1918, or" shall be omitted.
[Vide Haryana Act 22 of 1974, s. 4]
**Bihar**
**Amendment of Article 1 of Schedule II to Act VII of 1870. - For the 'proper fee' set forth in Schedule II**
to the said Act for Article 1 and shown in the second column of Schedule C to this Act, the 'proper fee,
shown in the third column of the said Schedule C shall be substituted.
**Schedule A**
[See Section 2]
Article Proper fee set forth in Schedule I to the Proper fees to be substituted
Court-fees Act, 1870
1 2 3
Six annas 40 N.P.
1 Six annas 40 N.P.
6 Six annas 40 N.P.
**Schedule B**
[See Section 3]
Table of rates of ad valorem fees leviable on the institution of suits:
Proper fees set forth in the table Proper fees to be substituted
1 2
Rs. a. p. Rs. N.P.
0 6 0 0 40
1 2 0 0 15
1 14 0 1 90
2 10 0 2 50
3 6 0 3 40
4 2 0 4 15
4 14 0 4 90
5 10 0 5 65
6 0 0 6 40
97
|Col1|[See Section 2]|Col3|
|---|---|---|
|Article|Proper fee set forth in Schedule I to the Court-fees Act, 1870|Proper fees to be substituted|
|1|2|3|
||Six annas|40 N.P.|
|1|Six annas|40 N.P.|
|6|Six annas|40 N.P.|
|Proper fees set forth in the table Proper fees to be substituted|Col2|Col3|Col4|Col5|Col6|
|---|---|---|---|---|---|
|1|||2|||
|Rs. a. p. Rs. N.P.||||||
|0|6|0||0|40|
|1|2|0||0|15|
|1|14|0||1|90|
|2|10|0||2|50|
|3|6|0||3|40|
|4|2|0||4|15|
|4|14|0||4|90|
|5|10|0||5|65|
|6|0|0||6|40|
-----
|7|2|0|7|15|
|---|---|---|---|---|
**Schedule C**
[See Section 4]
Article Proper fees set forth in Schedule II to the Proper fees to be
Court-fees Act, 1870 substituted
1 2 3
1 Two annas 15 N.P
[Vide Bihar Act 7 of 1958, s. 4]
**Haryana**
**Amendment of Schedule I to Central Act 7 of 1870.—In Schedule I to the principal act,--**
(i) after serial number 5 and entries thereagainst, the following serial number and entries thereagainst
shall be inserted, namely:-
1 2 3 4
“5-A Copy of order of the .. Five rupees,”
Rent Controller
(ii) against serial number 8, under columns 3 and 4, for the existing entries, the
following entries shall be substituted, namely:-
3 4
“For every age Two rupees.”.
[Vide Haryana Act 3 of 1990, s. 3]
**Haryana**
**Amendment of Schedule II to Central Act 1 of 1870.— In Schedule II to the principal Act,—**
(i) against serial number I, under columns 3 and 4,—
(a) against entry (b), for the words "Two rupees", the words "Ten rupees" shall be substituted ;
(b) against entry (c), for the words "Three rupees", the words "Fifteen rupees" shall be
substituted ;
(ii) against serial number 3, under column 4, for the words "Two rupees", the words "Five rupees"
shall be substituted ;
(iii) against serial number 4, under column 4, for the words "Two rupees", the words "Ten
rupees" shall be substituted ;
(iv) against serial number 5, under column 4, for the words "One rupee", the words "Five rupees"
shall be substituted ;
(v) against serial number 6, under column 4, for the words "Two rupees", the words "Ten rupees"
shall be substituted ;
(vi) against serial number 8, under columns 3 and 4,—
(a) against entry (a), for the words "Ten rupees", the words “Fifteen rupees" shall be
substituted ;
(b) against entry (b), for the words “Fifteen rupees", the words "Twenty rupees" shall be
substituted.
[Vide Haryana Act 3 of 1990, s. 4]
98
|[See Section 4]|Col2|Col3|
|---|---|---|
|Article Proper fees set forth in Schedule II to the Proper fees to be Court-fees Act, 1870 substituted|||
|1|2|3|
|1|Two annas|15 N.P|
|1|2|3|4|
|---|---|---|---|
|“5-A|Copy of order of the Rent Controller|..|Five rupees,”|
||(ii) against serial number 8, under columns 3 and 4, for the existing entries, the following entries shall be substituted, namely:--|||
||3|4||
-----
**Haryana**
**Amendment of Schedule II to Act 7 of 1870.—In Schedule II to the principal Act,—**
(a) against serial number 1, entry (d) shall be omitted ;
(b) against serial number 4, in entry (b), the words "or the High Court" shall be omitted;
(c) against serial number 7,—
(i) in item (a), the words "other than the High Court" shall be omitted ;
(ii) in item (c), for the words "High Court, Chief Commissioner", the words "Chief
Commissioner" shall be substituted ;
(d) against serial number 8,—
(i) in entry (a), the words "other than the High Court" occurring twice, shall be omitted ;
(ii) in entry (b), the words "High Court or" shall in omitted ; and
(E) against serial number 15, for the words "one hundred rupees", the words "Thirty rupees" shall
be substituted.
[Vide Haryana Act 22 of 1974, s. 5]
Uttar Pradesh
Amendment of Schedule IX of Act no. VII of 1870.—In Schedule II to the Court Fees Act, 1870, as
amended in its application to Uttar Pradesh, in Article I (“Application or petition”)—
(i) in clause (c), in the second column, for sub-clause (2) and the entry relating to it in the third column,
the following sub-clause and entry shall be substituted, namely:
Col. 2 Col. 3
“(2) Under article 226 or article 227 of One hundred rupees.
the Constitution, or by way of special
appeal against a judgement or order
including a judgment or order passed on
a petition filed before the
commencement of the Court Fees (Uttar
Pradesh Amendment( act, 1970 passed
by a single Judge of the High Court
thereon.”
(ii) at the end, the following proviso thereto shall be inserted, namely:-
Provided that –
(i) no court fee shall be payable under clause (c) on an application or petition under section 4591
of the Code of Criminal Procedure, 1898, or under article 226 of the Constitution for writs in the
nature of habeas corpus or in relation to any proceeding relating thereto;
(ii) the court fee payable on an application or petition for adjournment of hearing of any case
shall be double the court fee payable on an ordinary application or petition under clause (b), clause
(c), clause (d) or sub-clause (5) of clause (c), as the case may be,
[Vide Uttar Pradesh Act 34 of 1970, s. 2]
99
|Col. 2|Col. 3|
|---|---|
|“(2) Under article 226 or article 227 of the Constitution, or by way of special appeal against a judgement or order including a judgment or order passed on a petition filed before the commencement of the Court Fees (Uttar Pradesh Amendment( act, 1970 passed by a single Judge of the High Court thereon.”|One hundred rupees.|
-----
100
-----
101
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|
7-Sep-1870 | 24 | The Oudh Taluqdar's Relief Act, 1870 | https://www.indiacode.nic.in/bitstream/123456789/19139/1/A1870-24.pdf | central | # THE OUDH TALUQDARS’ RELIEF ACT, 1870
_________
ARRANGEMENT SECTIONS
_________
SECTIONS.
I. — PRELIMINARY.
1. Short title.
2. Interpretation-clause.
II. — VESTING ORDER.
3. Power to vest management of taluqdár's property in an officer appointed by Chief
Commissioner.
4. Effect of order.
III. — DUTIES OF MANAGER.
5. Manager to receive rents and profits.
IV. — SETTLEMENT OF DEBTS.
6. Notice to claimants against taluqdár.
7. Claim to contain full particulars.
8. Debt or liability not duty notified, to be barred.
9. Determination of debts and liabilities.
10. Appeal.
11. Scheme for settlement of debts and liabilities.
12. Restoration of taluqdár to his property.
V. — POWERS OF MANAGER.
13. Power to call for further particulars.
14. Power to summon witnesses and compel production of documents.
15. Power to administer oaths.
16. Investigation to be deemed a judicial proceeding.
17. Manager to have powers of a taluqdar.
18. Power to lease.
19. Power to raise money by mortgage or sale.
VI. — MISCELLANEOUS.
20. Power to make rules.
21. Power to appoint new Managers.
22. Managers to be public servants.
23. Bar of suits.
24. Petitions, &c., under Act exempt from Court fees.
25. Saving of jurisdiction of Courts in Oudh in respect of certain suits.
1
-----
# THE OUDH TALUQDARS’ RELIEF ACT, 1870
ACT NO. 24 OF 1870
[7[th] September, 1870.]
# PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
(Received the assent of the Governor General on the 7[th] September 1870.)
# An Act to relieve from incumbrances the estates of Taluqdárs in Oudh.
**PREAMBLE.—** WHEREAS many of the taluqdárs of Oudh are in debt, and their immoveable
property is subject to mortgages, charges and liens; and whereas it is expedient to provide for their
relief in manner hereinafter appearing; It is hereby enacted as follows:—
# I.— PRELIMINARY.
**1. Short title.— This Act may be called “The Oudh Taluqdárs' Relief Act. ”**
**2. Interpretation-clause.— In this Act—**
‘Chief Commissioner’ means the Chief Commissioner of Oudh:
‘taluqdár’ means a person whose name is entered in the first of the lists mentioned in the Oudh
Estates’ Act, 1869, section eight:
‘heir’ means the person for the time being entitled under the same Act as heir to a taluqdár.
# II.—VESTING ORDER.
**3. Power to vest management of taluqdár's property in an officer appointed by Chief**
**Commissioner.—Whenever, within twelve months after the passing of this Act, any taluqdár,**
or (when such taluqdár is an infant, or of unsound mind, or an idiot) his guardian, committee, or
other legal curator,
or the person who would be heir to such taluqdár if he died intestate,
or (when such person is an infant, or of unsound mind, or an idiot) his guardian, committee, or
other legal curator,
applies in writing to the Chief Commissioner, stating that the taluqdár is subject to, or that his
immoveable property is charged with, debts of liabilities other than debts due, or liabilities incurred,
to Government, and requesting that the provisions of this Act be applied to his case,
the Chief Commissioner may, with the previous consent of the Governor General of India in
Council by order published in the local official Gazette, appoint an officer (hereinafter called the
Manager), and vest in him the management of the immoveable property of or to which the taluqdár is
then possessed or entitled in his own right, or which he is entitled to redeem, or which may be
acquired by or devolve on the taluqdár or his heir during the continuance of such management.
**4. Effect of order.— On such publication, the following consequences shall ensue:—**
**Bar of suits against taluqdár.— first, all proceedings in respect to such debts of liabilities which**
may then be pending in any Civil Court in British India, shall be barred; and all processes, executions
and attachments for or in respect of such debts and liabilities shall become null and void ;
**Taluqdár freed from arrest.— secondly, so long as such management continues, the taluqdár and**
his heir shall not be liable to arrest for or in respect of the debts and liabilities to which the taluqdár
was immediately before the said publication subject, or with which his immoveable property or any
part thereof was then charged, other than debts due, or liabilities incurred, to Government ;
**and his moveable property from attachment for prior debts.— nor shall their moveable**
property be liable to attachment or sale, under process of any Civil Court in British India, for or in
respect of such debts and liabilities other than as aforesaid; and
**Cessation of his power to alienate.— thirdly, so long as such management continues,**
2
-----
(a) the taluqdár and his heir shall be incompetent to mortgage, charge, lease or alienate their
immoveable property or any part thereof, or to grant valid receipts for the rents and profits arising or
accruing therefrom,
**Immoveable property freed from attachment.— and (b) such property shall be exempt from**
attachment or sale under such process as aforesaid, except for or in respect of debts due, or liabilities
incurred, to Government.
# III.—DUTIES OF MANAGER.
**5. Manager to receive rents and profits,—The Manager shall, during his management of the**
said property, receive and recover all rents and profits due in respect thereof; and shall, upon
receiving such rents and profits, give receipts for the same.
From the sums so received, he shall pay—
**and pay therefrom the Government demand,— first, the Government revenue, and all debts or**
liabilities for the time being due or incurred to Government in respect of the said property:
**an annual sum for maintenance of the taluqdár and his heir,— secondly, such annual sum as**
appears to the Chief Commissioner requisite for the maintenance of the taluqdár, his heir and their
families:
**costs of repairs and improvements,— thirdly, the costs of such repairs and improvements of the**
property as appear necessary to the Manager and are approved by the Chief Commissioner:
**costs of management, and the debts and liabilities.— and the residue shall be applied in**
discharge of the costs of the management, and in settlement of such debts and liabilities of the
taluqdár and his heir and their immoveable property, as may be established under the provisions
hereinafter contained.
# IV.—SETTLEMENT OF DEBTS.
**6. Notice to claimants against taluqdár.— On the publication of the order vesting in him the**
management of the said property, the Manager shall publish in the local official Gazette a notice in
English and Urdú, calling upon all persons having claims against the taluqdár or his immoveable
property to notify the same in writing to such Manager within three months from the date of the
publication.
**Copies of notice to be exhibited.—He shall also cause copies of such notice to be exhibited at**
the Tahsildárs’ Kachahrís in the District or Districts in which the said property lies and at such other
places as the Manager thinks fit.
**7. Claim to contain full particulars.—Every such claimant shall, along with his claim, present**
full particulars thereof.
**Documents to be given up.—Every document on which the claimant founds his claim, or on**
which he relies in support thereof, shall be delivered to the Manager along with the claim.
**Entries in books.—If the document be an entry in any book, the claimant shall produce the book**
to the Manager, together with a copy of the entry on which he relies. The Manager shall mark the
book for the purpose of identification, and, after examining and comparing the copy with the original,
shall return the book to the claimant.
**Exclusion of documents not produced.— If any document in the possession or under the control**
of the claimant is not delivered or produced by him to the Manager along with the claim, the Manager
may refuse to receive such document in evidence on the claimant's behalf at the investigation of the
case.
**8. Debt or liability not duty notified, to be barred.—Every debt or liability (other than debts**
due, or liabilities incurred, to Government) to which the taluqdár is subject, or with which his
immoveable property or any part thereof is charged, and which is not duty notified to the Manager
within the time and in hereinbefore mentioned, shall be barred:
**Provision for admission of claim within further period of nine months.—Provided that, when**
proof is made to the Manager that the claimant was unable to comply with the provisions of sections
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six and seven, the Manager may admit such claim within the further period of nine months from the
expiration of the said period of three months.
**9. Determination of debts and liabilities.—The Manager shall, in accordance with the rules to**
be made under this Act, determine the amount of the debts and liabilities due to the several creditors
of the taluqdár and persons holding mortgages, charges or liens on the said property or any part
thereof.
**10. Appeal.—An appeal against any refusal, admission or determination under sections seven,**
eight or nine shall lie, if preferred within six weeks from the date of such determination, to the
Commissioner of Division to whom the Manager is subordinate, and the decision of such
Commissioner, or of the Manager if no such appeal has been so preferred, shall be final.
**11. Scheme for settlement of debts and liabilities.—When the total amount of such debts and**
liabilities has been finally determined, the Manager shall prepare and submit to the Chief
Commissioner a schedule of such debts and liabilities, and a scheme for the settlement thereof; and
such scheme, when approved by the Chief Commissioner, shall be carried into effect.
**Power to return scheme for revision.—Until such approval is given, the Chief Commissioner**
may, as often as he thinks fit, send back such scheme to the Manager for revision, and direct him to
make such further enquiry as may be requisite for the proper preparation of the scheme.
**[12. Restoration of taluqdár to his property.—When all such debts and liabilities have been](https://www.scconline.com/Members/NoteView.aspx?enc=SlRYVC05MDAwMjU2MzQ2JiYmJiY0MCYmJiYmQnJvd3NlJiYmJiZmdWxsc2NyZWVu#BS0012)**
discharged,
or if, within six months after the publication of the order mentioned in section three, the Chief
Commissioner thinks that the provisions of this Act should not continue to apply to the case of the
taluqdár or his heir,
the taluqdár or his heir shall be restored to the possession and enjoyment of his immoveable
property, or of such part thereof as has not been sold by the Manager under the power contained in
section nineteen, but subject to the leases and mortgages (if any) granted and made by the Manager
under the powers hereinafter contained.
**Revival of barred proceedings and debts.—Where the taluqdár or his heir is so restored under**
the circumstances mentioned in the second clause of this section, the proceedings, processes,
executions and attachments mentioned in section three (so far as they relate to debts and liabilities not
settled by the Manager), and the debts and liabilities barred by section eight, shall be revived, and any
mortgagee dispossessed under section seventeen shall be reinstated unless his claim under the
mortgage has been satisfied;
and in calculating the periods of limitation applicable to such revived proceedings and to suits to
recover and enforce such revived debts and liabilities, the time intervening between such restoration
and the publication of the order mentioned in section three shall be excluded.
# V.—POWERS OF MANAGER.
**13. Power to call for further particulars.—The Manager may, from time to time, call for further**
and more detailed particulars of any claim preferred before, him under this Act, and may at his
discretion refuse to proceed with the investigation of the claim until such particulars are supplied.
**14. Power to summon witnesses and compel production of documents.— For the purposes of**
this Act, the Manager may summon and enforce the attendance of witnesses and compel them to give
evidence, and compel the production of documents by the same means, and, as far as possible, in the
same manner, as is provided in the case of a Civil Court by the Code of Civil Procedure.
**15. Power to administer oaths.— The Manager may administer an oath in such form as he**
thinks fit to any person examined before him touching the matters to be enquired into under this Act.
**16. Investigation to be deemed a judicial proceeding.— Every investigation conducted by the**
Manager with reference to any claim preferred before him under this Act, or to any matter connected
with any such claim, shall be taken to be a judicial proceeding within the meaning of the Indian Penal
Code.
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**Statements of persons examined, to be evidence.—And every statement made by any person**
examined by or before the Manager with reference to such investigation, whether upon oath or
otherwise, shall be taken to be evidence within the meaning of the same Code (45 of 1860).
**17. Manager to have powers of a taluqdar.—The Manager shall have, for the purpose of**
realizing and recovering the rents and profits of the said immoveable property, the same powers as the
taluqdár would have had for such purpose if this Act had not been passed.
**Power to remove mortgagee in possession.—And if such property, or any part thereof, be in the**
possession of any mortgagee, the Manager may apply to the Court of the Deputy Commissioner
within whose jurisdiction the property is situate, and such Court shall cause the same to be delivered
to the Manager as if a decree therefor had been made in his favour; but without prejudice to the
mortgagee preferring his claim under the provisions hereinbefore contained.
**18. Power to lease.—Subject to the rules made under section twenty, the Manager shall have**
power to demise all or any part of the said property, for any term of years not exceeding twenty years
absolute, to take effect in possession, in consdieration of any fine or fines, or without fine, and
reserving such rents and under such conditions as may be agreed upon.
**19. Power to raise money by mortgage or sale.—The Manager, with the previous assent of the**
Chief Commissioner, shall have power to raise any money which may be required for the settlement
of the debts and liabilities (other than as aforesaid) to which the taluqdár is subject, or with which his
immoveable property or any part thereof is charged,
by demising by way of mortgage the whole or any part of such property for a term not exceeding
twenty years from the said publication,
or by selling, with the previous consent of the taluqdár and of the person (being of full age) who
would be his heir if he died intestate, by public auction or by private contract, and upon such terms as
the Manager thinks fit, such portion of the same property as may appear expedient.
And no mortgagee advancing money upon any mortgage made under this section, shall be bound
to see that such money is wanted or that no more than is wanted is raised.
**Manager's receipts.—And the receipt of the Manager for any monies paid to him upon any**
mortgage or sale made under this section, or for any rents or profits received by him under section
five, shall discharge the person paying the same therefrom and from being concerned to see to the
application thereof.
The power to mortgage conferred by this section shall not be exercisable until six months have
elapsed from the publication of the order mentioned in section three.
# VI.—MISCELLANEOUS.
**20. Power to make rules.—The Chief Commissioner may, from time to time, make rules**
consistent with this Act in all matters connected with its enforcement.
Such rules, when approved by the Governor General of India in Council, and published in the
local official Gazette, shall have the force of law.
**21. Power to appoint new Managers.—Whenever the Chief Commissioner thinks fit, he may**
appoint any officer to be a Manager in the stead of any Manager appointed under this Act; and
thereupon the management then vested under this Act in the former Manager shall become vested in
the new Manager.
Every such new Manager shall have the same powers as if he had been originally appointed.
**22. Managers to be public servants.— Every Manager appointed under this Act shall be deemed**
a public servant within the meaning of the Indian Penal Code (45 of 1860).
**23. Bar of suits.— No suit or other proceeding shall be maintained against any person in respect**
of anything done by him bonâ fide pursuant to this Act.
**24. Petitions, &c., under Act exempt from Court fees.—No petition, application, memorandum**
of appeal or other proceeding under this Act, shall be chargeable under the Court Fees Act, 1870
(7 of 1870).
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**25. Saving of jurisdiction of Courts in Oudh in respect of certain suits.— Nothing in this Act**
precludes the Courts of the Province of Oudh, having jurisdiction in suits relating to the succession to
or rights of persons claiming maintenance from any immoveable property brought under the operation
of this Act, from entertaining and disposing of such suits; but to all such suits the Manager of such
property shall be made a party.
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|
13-Jan-1871 | 01 | The Cattle-Trespass Act, 1871 | https://www.indiacode.nic.in/bitstream/123456789/2294/1/A1871-1.pdf | central | PREAMBLE
SECTIONS
1. Title and extent.
2. [Repealed.].
3. Interpretation clause.
# THE CATTLE-TRESPASS ACT, 1871
__________
ARRANGEMENT OF SECTIONS
__________
CHAPTER I
PRELIMINARY
CHAPTER II
POUNDS AND POUND-KEEPERS
REAMBLE
4. Establishment of pounds.
5. Control of pounds.
Rates of charge for feeding impounded cattle.
6. Appointment of pound-keepers. Pound-keepers may hold other offices. Pound-keepers to be
public servants.
DUTIES OF POUND-KEEPERS
7. To keep registers and furnish returns.
8. To register seizures.
9. To take charge of and feed cattle.
CHAPTER III
IMPOUNDING CATTLE
10. Cattle damaging land.
Police to aid seizures.
11. Cattle damaging public roads, canals and embankments.
12. Fines for cattle impounded.
List of fines and charges for feeding.
CHAPTER IV
DELIVERY OR SALE OF CATTLE
13. Procedure when owner claims the cattle and pays fines and charges.
14. Procedure if cattle be not claimed within a week.
15. Delivery to owner disputing legality of seizure but making deposit.
16. Procedure when owner refuses or omits to pay the fines and expenses.
Deduction of fines and expenses.
Delivery of unsold cattle and balance of proceeds.
Receipt.
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SECTIONS
17. Disposal of fines, expenses and surplus proceeds of sale.
18. [Repealed.].
19. Officers and pound-keepers not to purchase cattle at sales under Act.
Pound-keepers when not to release impounded cattle.
CHAPTER V
COMPLAINTS OF ILLEGAL SEIZURE OR DETENTION
20. Power to make complaints.
21. Procedure on complaint.
22. Compensation for illegal seizure or detention.
Release of cattle.
23. Recovery of compensation.
CHAPTER VI
PENALTIES
24. Penalty for forcibly opposing the seizure of cattle or rescuing the same.
25. Recovery of penalty for mischief committed by causing cattle to trespass.
26. Penalty for damage caused to land or crops or public roads by pigs.
27. Penalty on pound-keeper failing to perform duties.
28. Application of fines recovered under section 25, 26 or 27.
CHAPTER VII
SUITS FOR COMPENSATION
29. Saving of right to sue for compensation.
30. Set-off.
CHAPTER VIII
SUPPLEMENTAL
31. Power for State Government to transfer certain functions to local authority.
SCHEDULE.—[Repealed.].
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# THE CATTLE-TRESPASS ACT, 1871
ACT NO. 1 OF 1871[1]
[13th January, 1871.]
# An Act to consolidate and amend the law relating to Trespasses by Cattle.
**Preamble.—WHEREAS it is expedient to consolidate and amend the law relating to trespasses by**
cattle; It is hereby enacted as follows :—
CHAPTER I
PRELIMINARY
2[1. Title and extent.—(1) This Act may be called the Cattle-trespass Act, 1871; and
(2) It extends to the whole of India except [3] [the territories which, immediately before the 1st
November, 1956, were comprised in Part B States], and the presidency-towns and such local areas as the
State Government, by notification in the Official Gazette, may from time to time exclude from its
operation.
4[* - - - *]
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 1 of Act 1 of 1871.—In section 1 of the Cattle-trespass Act, 1871, in its**
application to the State I of Bombay (hereinafter referred to as the “principal Act”), to sub-section (2) the
1871, following proviso shall be added, namely:—
“provided that on the commencement of the Cattle-trespass (Bombay Extension and Amendment)
Act, 1959 (Bom. XIII of 1959), it shall extend to those areas in which the Hyderabad, Cattle Trespass
Act, or as the case may be the Cattle-trespass Act, 1871 (Hyd. Act V of 1837, 1 of 1871), as modified and
applied to the Saurashtra area of the State of Bombay was in force immediately before such
commencement.”
[Vide Bombay Act XIII of 1959, s. 3]
1. This Act has been amended locally—
in Ajmer by Ajmer Act 5 of 1954;
in Assam by Assam Act 1 of 1936;
in Bombay by Bombay Acts 9 of 1924, 4 of 1926, 5 of 1931 and 13 of 1959;
in Madhya Pradesh by C. P. Acts 12 of 1935, 22 of 1937 and C. P. & B. Act 27 of 1948 and Madhya Pradesh Act 11 of
1960;
in Orissa by Orissa Acts 15 of 1948 and 23 of 1950;
in Punjab by Punjab Acts 24 of 1952 and 18 of 1959;
in Sambalpur District by Orissa Act 6 of 1939;
in U.P. by U.P. Act 7 of 1954;
in West Bengal by Bengal Act 5 of 1934 and rep. in pt. by Ben. Act 14 of 1947 and West Ben. Acts 7 of 1948 and 4 of
1956;
in Madras by Madras Act 20 of 1957;
in Andhra Pradesh by Andhra Pradesh Act 30 of 1961;
in Himachal Pradesh by Himachal Pradesh Act 7 of 1974.
The Act has been extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified), to the
NEFA by Reg. 3 of 1960, s. 3 and Sch., subject to certain modifications (w.e.f. 1-11-1960), extended to and brought into
force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule (w.e.f. 1-7-1965) and to the whole of the
Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule (w.e.f. 1-10-1967).
The Act came into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963, s. 3 and the First Schedule
The Act has been repealed in its application to Ballery District by Mysore Act 5 of 1955 and to Malabar District of Kerala by
Kerala Act 26 of 1961.
2. Subs. by Act 1 of 1891, s. 1, for section 1.
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
4. Sub-section (3) rep. by Act 10 of 1914, s. 3 and the Second Schedule.
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**2. [Repeal of Acts.** _References to repealed Acts.] Rep. by the Repealing Act, 1938 (1 of 1938)._
**3. Interpretation clause.— In this Act,—**
“officer of police” includes also village-watchman, and
“cattle” includes also elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies,
mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids, [1][and
2“local authority” means any body of persons for the time being invested by law with the control
and administration of any matters within a specified local area, and
“local fund” means any fund under the control or management of a local authority.]
CHAPTER II
POUNDS AND POUND-KEEPERS
**4. Establishment of pounds.—Pounds shall be established at such places as the Magistrate of the**
District, subject to the general control of the State Government, from time to time directs.
The village by which every pound is to be used shall be determined by the Magistrate of the District.
**5. Control of pounds. Rates of charge for feeding impounded cattle.—The pounds shall be under**
the control of the Magistrate of the District; and he shall fix, and may from time to time alter, the rates of
charge for feeding and watering impounded cattle.
3[6. Appointment of pound-keepers. Pound-keepers may hold other offices. Pound-keepers to be
**public servants.—The State Government shall appoint a pound-keeper for every pound.**
Any pound-keeper may hold simultaneously any other office under the Government.
Every pound-keeper shall be deemed to be a public servant within the meaning of the Indian Penal
Code (45 of 1860).]
DUTIES OF POUND-KEEPERS
**7. To keep registers and furnish returns.—Every pound-keeper shall keep such registers and**
furnish such returns as the State Government from time to time directs.
**8. To register seizures.—When cattle are brought to a pound, the pound-keeper shall enter in his**
register,—
(a) the number and description of the animals,
(b) the day and hour on and at which they were so brought,
(c) the name and residence of the seizure, and
(d) the name and residence of the owner, if known,
and shall give the seizer or his agent a copy of the entry.
**9. To take charge of and feed cattle.—The pound-keeper shall take charge of, feed and water the**
cattle until they are disposed of as hereinafter directed.
CHAPTER III
IMPOUNDING CATTLE
**10. Cattle damaging land.—The cultivator or occupier of any land,**
1. Ins. by Act 1 of 1891, s. 2.
2. Cf. definition ins. 3 (28) of the General Clauses Act, 1897 (10 of 1897), which applies to all Acts passed after the 14 January,
1887.
3. Subs. by the A.O. 1937, for s. 6.
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or any person who has advanced cash for the cultivation of the crop or produce on any land,
or the vendee or mortgagee of such crop or produce or any part thereof,
may seize or cause to be seized any cattle trespassing on such land and doing damage thereto or to
any crop or produce thereon, and [1][send them or cause them to be sent within twenty-four hours] to the
pound established for the village in which the land is situate.
**Police to aid seizures.—All officers of police shall, when required, aid in preventing (a) resistance to**
such seizures, and (b) rescues from persons making such seizures.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 10 of Act I of 1871.—In the principal Act, in section 10, after the words and**
figures “the Bombay Village panchayat Act, 1933,” the words “or any corresponding law in force in any
part of the State of Bombay” shall be inserted.
[Vide Bombay Act XIII of 1959, s. 4]
**Maharashtra**
**Amendment of sections 10, 12 and 26 of, and insertion of new section 28A in Act I of 1871.—In**
the Cattle-trespass Act, 1871—
(1) in section 10, after the words “or any part thereof” the following shall be inserted, namely:—
“or a watch and ward appointed by a panchayat established under the Bombay Village
Panchayats Act, 1933, or any person authorised by the State Government in this behalf, either by
name or by virtue of office.”
[Vide Bombay Act XXXIV of 1950, s. 2]
211. Cattle damaging public roads, canals and embankments.—Persons in charge of public roads,
pleasure-grounds, plantations, canals, drainage-works, embankments and the like and officers of police,
may seize or cause to be seized any cattle doing damage to such roads, grounds, plantations, canals,
drainage-works, embankments and the like, or the sides or slopes of such roads, canals, drainage-works or
embankments or found straying thereon,
and shall [3][send them or cause them to be sent within twenty-four hours] to the nearest pound.
4
[12. Fines for cattle impounded.—For every head of cattle impounded as aforesaid, the
pound-keepers shall levy a fine in accordance with the scale for the time being prescribed by the State
Government in this behalf by notification in the Official Gazette. Different scales may be prescribed for
different local areas.
All fines so levied shall be sent to the Magistrate of the District through such officer as the State
Government may direct.
**List of fines and charges for feeding.—A list of the fines and of the rates of charge for feeding and**
watering cattle shall be posted in a conspicuous place on or near to every pound.]
1. Subs. by Act 1 of 1891, s. 3, for “'take them or cause them to be taken without unnecessary delay”.
2. As to the application of s. 11 to forests, see the Indian Forest Act, 1927 (7 of 1927), s. 70; to railways see the Indian Railways
Act, 1890 (9 of 1890), s. 125 (4).
3. Subs. by Act 1 of 1891, s. 4, for “take them without unnecessary delay”.
4. Subs. by Act 17 of 1921, s. 2, for section 12. See section 71 of the Indian Forest Act, 1927 (7 of 1927) under which the State
Government may fix a different scale of fines for cattle impounded under s. 70 of that Act.
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**STATE AMENDMENT**
**Maharashtra**
**Insertion of new sections 12A and 12B in Act I of 1871.—In the principal act, after section 12, the**
following new sections shall be inserted, namely:—
“12A. Security in respect of impounded cattle.—(1) In any local area to which he state
Government may, by notification in the Official Gazette, apply this section, every pound-keeper shall,
before releasing any impounded cattle, require the owner of the impounded cattle or his agent to make, in
the form to be prescribed by the State Government, a declaration regarding the ownership of such cattle
and to deposit by way of security such sum as the state Government may, by rules, prescribe, Different
scales may be prescribed for different areas or different classes of cattle.
(2) If any cattle belonging to such owner are impounded within a period of six months from the date
on which the security is deposited, and if the seizure is not adjudged illegal, the amount of deposit or a
part thereof, as may be directed by the State Government by rules made in this behalf, shall stand
forefeited to the State Government. If cattle are not impounded as aforesaid, the amount of security
deposit shall, on an application may by or on behalf of the depositor, be refunded to him on the expiry of
that period.
(3) On every occasion on which the release of the cattle impounded under this Act is claimed, the
owner of the cattle shall deposit a fresh security.
**12B. Removal of cattle to specified places.—(1) If in any local area to which the State Government**
may, by notification in the Official Gazette apply this section, a Mamlatdar, Tahsildar, Naib-Tahsildar or
Mahalkari is satisfied—
(i) that the grazing land set apart for the use of cattle of one or more village in the taluks, tahsils
or mahal under his jurisdiction is insufficient for the cattle belonging to the permanent residents of
such village or villages; or
(ii) that the crops or grass standing on any agricultural land or grazing land so set apart are likely
to be damaged by cattle belonging to persons who are not residents of such village or villages and
who own more than twenty head of cattle,
he may—
(a) in any case referred to in clause (i) direct any such resident owner, by special or general order,
to remove or cause to be removed all or any dry or useless cattle belonging to him to such place or
places within the State and within such period as may be specified in the order, and
(b) in any case referred to in clause (ii) direct any such non-resident owner, by special or general
order, to remove or cause to be removed all or any of his cattle to such place or places within the state
and within such period as may be specified in the order.
(2) If the owner of the cattle fails to remove the cattle as directed under sub-section (1), the
Mamlatdar, Tahsildar, Naib-Tahsildar or Mahalkari, as the case may be, may direct a police officer not
below the rank of a head constable to remove or cause to be removed such cattle to the place or places
specified in the order.
(3) If the Mamlatdar, Tahsildar, Naib-Tahsildar or Mahalkari is satisfied that the order issued by him
under sub-section (1) is contravened by any owner or keeper of cattle, he may impose a fine not
exceeding one thousand rupees. Any fine so imposed may, on failure of such owner or keeper to pay the
same within the specified time, by recovered by sale of all or any of the cattle ordered to be removed
under sub-section (1).”
[Vide Bombay Act XIII of 1959, s. 5]
**Maharashtra**
**In section 12,—**
(a) the words “head of” shall be deleted;
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(b) for the words “Different scales may be prescribed for different local area” the following
shall be substituted, namely:—
“Progressively increasing scales may be prescribed in respect of cattle belonging to or kept by
the same person according to the number of cattle impounded at a time and the number of times
such cattle are impounded and different scales may be prescribed for different local areas.”;
[Vide Maharashtra Act XXXIV of 1950, s. 2]
CHAPTER IV
DELIVERY OR SALE OF CATTLE
**13. Procedure when owner claims the cattle and pays fines and charges.—If the owner of the**
impounded cattle or his agent appear and claim the cattle, the pound-keeper shall deliver them to him on
payment of the fines and charges incurred in respect of such cattle.
The owner or his agent, on taking back the cattle, shall sign a receipt for them in the register kept by
the pound-keeper.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 13 of Act 1 of 1871.—In the principal Act, to the first paragraph of section 13,**
the following shall be added, namely:—
“and on depositing the amount of security prescribed under section 12A.”
[Vide Bombay Act XIII of 1959, s. 6]
**14. Procedure if cattle be not claimed within a week.—If the cattle be not claimed within seven**
days from the date of their being impounded, the pound-keeper shall report the fact to the officer in
charge of the nearest police-station, or to such other officer as the Magistrate of the District appoints in
this behalf.
Such officer shall thereupon stick up in a conspicuous part of his office a notice stating—
(a) the number and description of the cattle,
(b) the place where they were seized,
(c) the place where they are impounded,
and shall cause proclamation of the same to be made by beat of drum in the village and at the
market-place nearest to the place of seizure.
If the cattle be not claimed within seven days from the date of the notice, they shall be sold by public
auction by the said officer, or an officer of his establishment deputed for that purpose, at such place and
time and subject to such conditions as the Magistrate of the District by general or special order from time
to time directs:
Provided that, if any such cattle are, in the opinion of the Magistrate of the District, not likely to fetch
a fair price if sold as aforesaid, they may be disposed of in such manner as he thinks fit.
**15. Delivery to owner disputing legality of seizure but making deposit.— If the owner or his agent**
appear and refuse to pay the said fines and expenses, on the ground that the seizure was illegal and that
the owner is about to make a complaint under section 20, then, upon deposit of the fines and charges
incurred in respect of the cattle, the cattle shall be delivered to him.
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**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 15 of Act 1 of 1871.—In the principal Act, section 15 shall be renumbered as**
sub-section (1) of that section, and after sub-section (1) as so renumbered, the following new sub-section
shall be inserted, namely:—
“(2) If on any complaint referred to in sub-section (1) the seizure is declared to be lawful, or if the
owner or his agent fails to make such complaint within a period of four weeks from the date of
delivery of the cattle to him, the pound keeper of shall require such owner or agent to make a
declaration and to deposit the amount of security as required by section 12A. If the owner or his agent
fails to make such declaration or to deposit such amount, the cattle delivered to him under sub-section
(1) shall be seized for the purpose of section 16.”
[Vide Bombay XIII of 1959, s. 7]
**16. Procedure when owner refuses or omits to pay the fines and expenses.—If the owner or his**
agent appear and refuse or omit to pay or (in the case mentioned in section 15) to deposit the said fines
and expenses, the cattle, or as many of them as may be necessary, shall be sold by public auction by such
officer at such place and time, and subject to such conditions, as are referred to in section 14.
**Deduction of fines and expenses.—The fines leviable and the expenses of feeding and watering,**
together with the expenses of sale, if any, shall be deducted from the proceeds of the sale.
**Delivery of unsold cattle and balance of proceeds.—The remaining cattle and the balance of the**
purchase-money, if any, shall be delivered to the owner or his agent, together with an account showing—
(a) the number of cattle seized,
(b) the time during which they have been impounded,
(c) the amount of fines and charges incurred,
(d) the number of cattle sold,
(e) the proceeds of sale, and
(f) the manner in which those proceeds have been disposed of.
**Receipts.—The owner or his agent shall give a receipt for the cattle delivered to him and for the**
balance of the purchase-money (if any) paid to him according to such account.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 16 of Act 1 of 1871.—In section 16 of the principal Act, for the first and**
second paragraphs the following new paragraphs shall be substituted, namely:
“If the owner or his agent appears and refuses or omits to pay the said fines and expenses and to
deposit the said amount of security or (in the case mentioned in section 15) to deposit the said fines,
expenses and amount of security or to make a declaration as required by section 12A, the cattle or as
many of them as may be necessary, shall be sold by public auction by such officer, at such place and time,
and subject to such conditions, as are referred to in section 14, or disposed of in accordance with the
provisions therein.
The fines leviable and the expenses of feeding and watering together with the expenses of safe, if any,
and the amount of security prescribed under section 12A shall be deducted from the proceeds of the sale.”
[Vide Bombay Act XIII of 1959, s. 8]
**17. Disposal of fines, expenses and surplus proceeds of sales.—The officer by whom the sale was**
made shall send to the Magistrate of the District the fines so deducted.
8
-----
The charges for feeding and watering deducted under section 16 shall be paid over to the
pound-keeper, who shall also retain and appropriate all sums received by him on account of such charges
under section 13.
The surplus unclaimed proceeds of the sale of cattle shall be sent to the Magistrate of the District,
who shall hold them in deposit for three months, and, if no claim thereto be preferred and established
within that period, shall, at its expiry, [1][be deemed to hold them as part of the revenues of the State].
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 17 of Act 1 of 1871.—In section 17 of the principal Act, after the second**
paragraph, the following new paragraph shall be inserted, namely:
“The amount of security required under section 12A shall be deposited with the pound-keeper.”
[Vide Bombay Act XIII of 1959, s. 9]
**18. [Application of fines and unclaimed proceeds of sale.] Rep. by the A.O. 1937.**
**19. Officers and pound-keepers not to purchase cattle at sales under Act.—No officer of police**
or other officer or pound-keeper appointed under the provisions herein contained shall, directly or
indirectly, purchase any cattle at a sale under this Act.
**Pound-keepers when not to release impounded cattle.—No pound-keeper shall release or deliver**
any impounded cattle otherwise than in accordance with the former part of this Chapter, unless such
release or delivery is ordered by a Magistrate or Civil Court.
2[CHAPTER V
COMPLAINTS OF ILLEGAL SEIZURE OR DETENTION
**20. Power to make complaints.—Any person whose cattle have been seized under this Act, or,**
having been so seized, have been detained in contravention of this Act, may, at any time within ten days
from the date of the seizure, make a complaint to the Magistrate of the District or any Magistrate
authorised to receive and try charges without reference by the Magistrate of the District.
**21. Procedure on complaint.—The complaint shall be made by the complainant in person, or by an**
agent personally acquainted with the circumstances. It may be either in writing or verbal. If it be verbal,
the substance of it shall be taken down in writing by the Magistrate.
If the Magistrate, on examining the complainant or his agent, sees reason to believe the complaint to
be well founded, he shall summon the person complained against, and make an enquiry into the case.
**22. Compensation for illegal seizure or detention.—If the seizure or detention be adjudged illegal,**
the Magistrate shall award to the complainant, for the loss caused by the seizure or detention, reasonable
compensation, not exceeding one hundred rupees, to be paid by the person who made the seizure or
detained the cattle together with all fines paid and expenses incurred by the complainant in procuring the
release of the cattle,
**Release of cattle.—and, if the cattle have not been released, the Magistrate shall, besides awarding**
such compensation, order their release and direct that the fines and expenses leviable under this Act shall
be paid by the person who made the seizure or detained the cattle.
**23. Recovery of compensation.—The compensation, fines and expenses mentioned in section 22**
may be recovered as if they were fines imposed by the Magistrate.][3]
1. Subs. by the A.O. 1937, for “dispose of them as hereinafter provided”.
2. Subs. by Act 1 of 1891, s. 6, for Chapter V.
3. See ss. 63 to 70 of the Indian Penal Code (45 of 1860), and s. 386 of the Code of Criminal Procedure, 1898 (5 of 1898); cf.
also. s. 25 of the General Clauses Act, 1897 (10 of 1897).
9
-----
CHAPTER VI
PENALTIES
**24. Penalty for forcibly opposing the seizure of cattle or rescuing the same.—Whoever forcibly**
opposes the seizure of cattle liable to be seized under this Act,
and whoever rescues the same after seizure, either from a pound, or from any person taking or about
to take them to a pound, such person being near at hand and acting under the powers conferred by this
Act,
shall, on conviction before a Magistrate, be punished with imprisonment for a period not exceeding
six months, or with fine not exceeding five hundred rupees, or with both.
1 **25. Recovery of penalty for mischief committed by causing cattle to trespass.—Any fine**
imposed [2][under the next following section or] for the offence of mischief by causing cattle to trespass on
any land may be recovered by sale of all or any of the cattle by which the trespass was committed,
whether they were seized in the act of trespassing or not, and whether they are the property of the person
convicted of the offence, or were only in his charge when the trespass was committed.
**26. Penalty for damage caused to land or crops or public roads by pigs.—Any owner or keeper of**
pigs who, through neglect or otherwise, damages or causes or permits to be damaged any land, or any
crop or produce of land, or any public road, by allowing such pigs to trespass thereon, shall, on conviction
before a Magistrate, be punished with fine not exceeding ten rupees.
3[The 4[State Government], by notification in the Official Gazette, may from time to time, with
respect to any local area specified in the notification, direct that the foregoing portion of this section shall
be read as if it had reference to cattle generally, or to cattle of a kind described in the notification, instead
of to pigs only, or as if the words “fifty rupees” were substituted for the words “ten rupees,” or as if there
were both such reference and such substitution.]
5* - - -
**STATE AMENDMENTS**
**Assam**
**Substitution of Section 26.—In the principal Act, for section 26, the following section shall be**
substituted, namely: —
“26. Penalty for damage caused to land or crops or public roads or for injury caused to any person by
cattle or for cattle on public roads.—
(1) Any owner or keeper or attendant of cattle who through neglect or criminal motive or otherwise
damages or causes or permits to be damaged any land or any crop or produce of land or any public road
or anything or causes injury to any person or persons by allowing such cattle to trespass thereon, or lets
loose any cattle to stray on any public road and thereby causes obstruction to traffic shall, on conviction
before a judicial magistrate, be punishable with fine which shall not be less than five hundred rupees but
which may extend to one thousand rupees and in default of payment of fine, simple imprisonment for a
term not exceeding one month for the first offence and for the subsequent offences, fine not less than one
thousand rupees but which may extend to two thousand rupees or to simple imprisonment for a term
which may extend to three months.
(2) While convicting such person under sub-section (1), the magistrate may order him to pay the
person whose land, or crop or produce of land or anything has been damaged or the person who is injured,
such compensation depending upon the value of the loss or expenses so incurred for the medical
treatment, as may be considered reasonable and in default of payment, the cattle in respect of which the
1. As to the application of s. 25 in the case of cattle-trespassing on a railway, see the Indian Railways Act, 1390 (9 of 1890),
s. 125 (3).
2. Ins. by Act 1 of 1891, s. 7.
3. Ins. by s. 8, ibid.
4. Subs. by the A.O. 1950, for “Provincial Government”.
5. The last paragraph of section 26 rep. by Act 10 of 1914.
10
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offence has been committed shall be forfeited and sold on auction in order to compensate the person so
aggrieved.”
[Vide Assam Act 15 of 2002, s. 2.]
**Insertion of section 26A.— In the principal Act, after section 26, the following new section 26A shall**
be inserted namely: —
“26A. Cognizance of offence.—No Court shall take cognizance of any offence punishable under
section 26 except on a report in writing of the facts constituting such offence made by the person
[aggrieved by such offence or by person who is a public servant as defined in section 21 of the Indian](javascript:fnOpenLinkPopUp('782','15803');)
Penal Code, 1860 (Act 45 of 1860).”
[Vide Assam Act 15 of 2002, s. 3.]
**Uttar Pradesh**
**Uttar Pradesh Amendment of section 26 of Act (1 of 1971).—For section 26 of the Cattle Trespass**
Act, 1871, (hereafter called the principal Act), the following shall be substituted—
“26. Penalty for damage caused to land by cattle.—Any owner, keeper or attendant of cattle, who
though neglect or otherwise, damages or causes or permits to be damaged any land, or any crop or
produce of land by allowing such cattle to trespass thereon, shall on conviction before a Magistrate,
beliable to a fine not less than Rs. 10 but not exceeding Rs. 250 or to imprisonment for a term not
exceeding three months or to both.”
[Vide Uttar Pradesh Act 7 of 1954, s. 2]
**Maharashtra**
In section 26,-
(a) the first paragraph shall be numbered as sub-section (1) of that section;
(b) after sub-section (1) so numbered, the following sub-sections shall be inserted, namely:-
“(2) The Magistrate trying the offence under sub-section (1) may order,-
(a) that the accused shall pay such compensation, not exceeding two hundred and fifty
rupees, as the Magistrate considers reasonable, to any person for any damage proved to have
been caused to his crop or other produce of land by the accused committing the offence;
(b) that the pigs in respect of which the offence has been committed shall be forfeited to the
State Government.
(3) Any compensation awarded under sub-section (2) may be recovered as if it was a fine
imposed under this section.”;
(c) the second paragraph shall be numbered as sub-section (4) of that section and in
sub-section (4) so numbered the words “the foregoing portion of” shall be deleted;
[Vide Bombay Act XXXIV of 1950, s. 2]
**27. Penalty on pound-keeper failing to perform duties.—Any pound-keeper releasing or**
purchasing or delivering cattle contrary to the provisions of section 19, or omitting to provide any
impounded cattle with sufficient food and water, or failing to perform any of the other duties imposed
upon him by this Act, shall, over and above any other penalty to which he may be liable, be punished, on
conviction before a Magistrate, with fine not exceeding fifty rupees.
Such fines may be recovered by deductions from the pound-keeper’s salary.
**28. Application of fines recovered under section 25, 26 or 27.—All fines recovered under**
section 25, section 26 or section 27 may be appropriated in whole or in part as compensation for loss or
damage proved to the satisfaction of the convicting Magistrate.
**STATE AMENDMENT**
**Maharashtra**
After section 28, the following section shall be inserted, namely:-
11
-----
“28A. Offence under section 26 of the be cognizable.—The offence under section 26 shall be
cognizable.”
[Vide Bombay Act XXXIV of 1950, s. 2]
CHAPTER VII
SUITS FOR COMPENSATION
**29. Saving of right to sue for compensation.—Nothing herein contained prohibits any person whose**
crops or other produce of land have been damaged by trespass of cattle from suing for compensation in
any competent Court.
**STATE AMENDMENT**
**Maharashtra**
**Substitution of new section 29 for existing section 29 of Act 1 of 1871.—In the principal Act, for**
the existing section 29, the following new section shall be substituted, namely:-
“29. Saving of right to sue for compensation.—Nothing herein contained prohibits any person
whose property, crops or other produce of land have been damaged or to whom any hurt or injury or
obstruction has been caused by trespass of cattle from suing for compensation in any competent
court.”
[Vide Bombay Act XIII of 1959, s. 10]
**30. Set-off.—Any compensation paid to such person under this Act by order of the convicting**
Magistrate shall be set-off and deducted from any sum claimed by or awarded to him as compensation in
such suit.
1[CHAPTER VIII
SUPPLEMENTAL
**31. Power for State Government to transfer certain functions to local authority.—The State**
Government may, from time to time by notification in the Official Gazette,—
(a) transfer to any local authority within any part of the territories under its administration in
which this Act is in operation, all or any of the functions of the State Government or the Magistrate of
the District under this Act, within the local area subject to the jurisdiction of the local authority.
2* - - - *]
**STATE AMENDMENT**
**Maharashtra**
**Insertion of new section 32 after section 31 of Act 1 of 1871.—After section 31 of the principal**
Act, the following new section shall be inserted, namely:-
“32. Power to make rules.—(1) The State Government may, by notification in the Official
Gazette, make rule for carrying into effect the purposes of this Act.
(2) In particular but without prejudice to the generality of the foregoing provision, such rules may
provide for the following, namely:-
(i) the form of, and the procedure relating to, the declaration, and the scales of deposits to be
made, under section 12A;
(ii) the procedure regulating the making of security deposits, custody and refund thereof;
(iii) the manner in which any cattle may be disposed of;
(iv) any other matter which is to be or may be prescribed.
(3) The power to make rules under this section shall be subject to the condition of previous
publication in the official Gazette.
(4) All rules make under this section shall be laid before each house of the Legislature as soon as
may be after they are made, and shall be subject to such modifications as the State Legislature may
make during the session in which they are so laid, or the session immediately following.”
[Vide Bombay XIII of 1959, s. 11]
1. Chapter VIII was added by Act 1 of 1891, s. 9.
2. Clause (b) was rep. partially by Act 10 of 1914 and partially by the A.O. 1937.
12
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[SCHEDULE.] Rep. by the Repealing Act, 1938 (1 of 1938).
**STATE AMENDMENT**
**Uttar Pradesh Amendment of section** **26 and 28 of Act (1 of 1971).—The State Government may,**
by notification in the official Gazette, with respect to any local area specified in the notification declare
that section 26 of the Principal Act, as amended by this Act and section 28 of the Principal Act, shall
stand further amended and modified as specified in the Schedule and with effect from the date of the said
declaration the Principal Act shall stand amended accordingly.
**SCHEDULE**
1. For section 26 of the Principal Act, amended by this Act, the following shall be substituted—
“26. Penalty for damage caused by land by cattle.—Any owner, keeper or attendant of cattle,
who through neglect or otherwise, damage or causes or permits to be damaged any land or any crop
or produce of land by allowing such cattle to trespass thereon, shall, on conviction before a
Magistrate, be liabel—
(a) for first offences to a fine not less than Rs. 10 bot not exceeding Rs. 250 or to
imprisonment for a term not exceeding three months or of both.
(b) for the second or subsequent offence to an imprisonment for a term not exceeding
three months and fine not exceeding Rs. 500.
**2. Application of fines recovered under section 25, 26 or 27.—For section 28 of the Principal Act,**
the following shall be substitute--
**“28. Application of fines recovered under sections 25, 26 or 27.—All fines recovered under**
section 25, clause (a) of section 26 or section 27 may be appropriated in whole or in part as
compensation for loss or damage proved to the satisfaction of the Convicting Magistrate.”
[Vide Uttar Pradesh Act 7 of 1954, s. 3]
13
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|
11-Jul-1871 | 21 | The Dehra Dun Act, 1871 | https://www.indiacode.nic.in/bitstream/123456789/19098/1/a1871-21.pdf | central | # THE DEHRA DUN ACT, 1871
## _________
# ARRANGEMENT OF SECTIONS.
## _________
# SECTIONS.
## 1. Extension of Regulations and Acts in force in Saharanpur to Dehra Dun. 2. Jurisdiction of High Court and Board of Revenue over Dehra Dun. 3. District Court of Saharanpur to be District Court of Dehra Dun. 4. Exemption of Jaunsar Bawar.
.
## 1
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# THE DEHRA DUN ACT, 1871
## ACT NO. 21 OF 1871
[11th July, 1871.]
An Act to give validity to the operation of the General Regulations and Acts within the Dehra Dun.
Preamble.—WHEREAS it is necessary to give validity to the operation of the General Regulations and
Acts within the district under the Superintendent of the Dehra Dun [1]***; It is hereby enacted as follows: —
1. Extension of Regulations and Acts in force in Saharanpur to Dehra Dun. —The Regulations
and Acts now in force in the district of Saharanpur are hereby declared to extend to the said district of Dehra Dun [2]***[. ]
2. Jurisdiction of High Court and Board of Revenue over Dehra Dun.—The High Court and the
Board of Revenue of [3][Uttar Pradesh] shall exercise [4]*** respectively, in the said district, all the powers which the said High Court or Board of Revenue are at present, respectively, authorized to exercise in any part of [3][Agra].
3. District Court of Saharanpur to be District Court of Dehra Dun.—The District Court of
Saharanpur shall be [5]*** the District Court of such district until the State Government otherwise directs [6]***.
4. Exemption of Jaunsar Bawar.—Nothing in this Act shall apply to that portion of the Dehra Dun
district called [7]Jaunsar Bawar [8]***.
1. The words “and to indemnify all officers and other persons who have acted in the said district under the said Regulations and
Acts” rep. by Act 16 of 1874.
2. The words “and no judgment heretofore given, order passed or proceeding had in the said district, shall be deemed to have been
or to be invalid merely because any Regulation or Act, under or in reference to which such judgment, order or proceeding was
given, passed or had, was not in force at the time of such judgment, order or proceeding was given, passed or had, was not in
force at the time of such judgment, order or proceeding, or on the ground of a defect of jurisdiction in ay Court or office” rep.
by Act 12 of 1891.
3. Subs, by the A. O. 1950 for “the North-Western Provinces”.
4. The words “and shall be deemed to have been heretofore authorised to exercise” rep., ibid.
5. The words “deemed to have been heretofore the District Court of the said district of Dehra Dun and” rep., ibid.
6. The words “and may subject to the provisions of Act 6 of 1871, hear appeals from decisions given in the said district before
the passing of this Act” rep. by Act 12 of 1891.
7. “Jaunsar Bawar” was one of the Scheduled Districts of the State of Uttar Pradesh, see the Scheduled Districts Act, 1874 (14 of
1874), I Schedule, Pt. IV, but has ceased to be so under the Constitution of India.
8. The words “and referred to in s. 11 of Act 24 of 1864” rep. by Act 12 of 1891.
## 2
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|
18-Aug-1871 | 23 | The Pensions Act, 1871 | https://www.indiacode.nic.in/bitstream/123456789/2295/1/A1871-23.pdf | central | PREAMBLE
SECTIONS
1. Short title.
Extent of Act.
2. [Repealed.].
3. Interpretation-Section.
3A. Definition.
# THE PENSIONS’ ACT, 1871
________
ARRANGEMENT OF SECTIONS
__________
I.—PRELIMINARY.
II.—RIGHTS TO PENSIONS
REAMBLE
4. Bar of suits relating to pensions.
5. Claims to be made to collector, Deputy Commissioner or other authorised officer.
6. Civil Court empowered to take cognizance of such claims.
7. Pensions for lands held under grants in perpetuity.
III.—MODE OF PAYMENT.
8. Payment to be made by Deputy Commissioner, Collector or other authorised officer.
9. Saving of rights in respect of the recovery of land-revenue.
10. Commutation of pensions.
IV.—MISCELLANEOUS.
11. Exemption of pension from attachment.
12. Assignments, &c., in anticipation of pension, to be void.
12A.Nomination by pensioner to receive moneys outstanding on account of pension.
13. Reward to informers.
14. Power to make rules.
15. Power of Central Government to make rules.
16. Laying of rules.
[SCHEDULE.][Repealed.].
1
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# THE PENSIONS’ ACT, 1871
ACT NO. 23 OF 1871
[8th August, 1871.]
# An Act to consolidate and amend the law relating to pensions and grants by Government of
money or land-revenue.
**Preamble.—WHEREAS it is expedient to consolidate and amend the law relating to pensions and**
grants by Government of money or land-revenue; It is hereby enacted as follows:—
I.—PRELIMINARY.
**1. Short title.—This Act may be called the “[1]Pensions’ Act, 1871”:**
**Extent of Act.—[2][In so far as it relates to Union pensions, it extends to the whole of India and**
in so far as it relates to other pensions, it extends] to [3][the whole of India except [4][the territories
which, immediately before the 1st November, 1956, were comprised in Part B States]].
5* - - -
6* - - -
**STATE AMENDMENT**
**Karnataka**
In section 1, for the entry under the heading “Extent of Act”, the following entry shall be substituted,
namely:
“It extends to the whole of the State of Karnataka.”
[Vide Karnataka Act 23 of 1979, s. 4]
**2.[Enactments repealed Saving of Rules.] Rep. by the Repealing Act,** 1938(1 of 1938),
s. 2 and the Schedule.
**3. Interpretation-section.—In this Act, the expression “grant of money or land-revenue”**
includes anything payable on the part of Government in respect of any right, privilege,
perquisite or office.
7
[3A.Definition.—The expression “the appropriate Government” means, in relation
to **[8]** [Union] pensions, the Central Government, and in relation to other pensions, [9] [the State
Government.]
II.—RIGHTS TO PENSIONS.
**4. Bar of suits relating to pensions.—Except as hereinafter provided, no Civil Court shall**
entertain any suit relating to any pension or grant of money or land-revenue conferred or made
by the [10][Government or by] any former Government, whatever may have been the consideration
for any such pension or grant, and whatever may have been the nature of the payment, claim or
right for which such pension or grant may have been substituted.
1.It has been amended in its application to U. P. by U. P. Act 12 of 1922. Rep. in part in West Bengal by West Bengal Act
7 of 1948.
The Act has been extended to the Union territories and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2
and the First Schedule (w.e.f. 1-7-1965) and extended to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3
and the Schedule (w.e.f. 1-10-1967).
The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955.
2.Subs. by Act 20 of 1982, s. 2, for “It extend”.
3.Subs. by the A.O.1950, for “all the Provinces of India” which had been subs. by the A.O.1948, for “the whole of British India”.
4.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
5.The words “And it shall come into force on the date of the passing thereof” rep. by Act 10 of 1914, s. 3 and the Second
Schedule.
6.The words “but not so as to affect any suit in respect of a pension or grant of money or land-revenue which may have been
instituted before such date” rep. by Act 12 of 1891, s. 2 and the First Schedule.
7.Ins. by the A.O. 1937 (w.e.f. 1-4-1937).
8.Sub. by the A.O. 1950, for “federal” (w.e.f. 26-1-1950).
9. Subs. by the A.O. 1950, for “Provincial Government”.
10.Subs. by the A.O. 1950, as amended by C.O. 29, for “British or”.
2
-----
**5. Claims to be made to Collector, Deputy Commissioner, or other authorized**
**officer.—Any person having a claim relating to any such pension or grant may prefer such claim**
to the Collector of the District or Deputy Commissioner or other officer authorized in this behalf
by the [1][appropriate Government], and such Collector, Deputy Commissioner or other officer
shall dispose of such claim in accordance with such rules as the Chief Revenue Authority may, subject
to the general control of the [1][appropriate Government], from time to time prescribe in this behalf.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 5.—In section 5, of the words, “Any person having a claim”, the words**
“Save as otherwise provided in any law or any rule regulating payment of pension to persons appointed to
public services and posts in connection with the affairs of the State, any person having a claim” shall be
substituted and for the words “as the Chief Revenue Authority may, subject to the general control of the
appropriate Government”, the words “as the appropriate Government may” shall be substituted;
[Vide Karnataka Act 23 of 1979, s. 4]
**6. Civil Court empowered to take cognizance of such claims.—A Civil Court, otherwise**
competent to try the same, shall take cognizance of any such claim upon receiving a certificate from such
Collector, Deputy Commissioner or other officer authorized in that behalf that the case may be so tried,
but shall not make any order or decree in any suit whatever by which the liability of Government to pay
any such pension or grant as aforesaid is affected directly or indirectly.
**7. Pensions for lands held under grants in perpetuity.—Nothing in sections 4 and 6 applies to—**
(1) any inam of the class referred to in the first section of Madras Act No. IV of 1862[2];
(2) pensions heretofore granted by Government in the territories respectively subject to the
Lieutenant-Governors of Bengal and the North-Western Provinces, either wholly or in part as an
indemnity for loss sustained by the resumption by a Native Government of lands held under sanads
purporting to confer a right in perpetuity. Such pensions shall not be liable to resumption on the death
of the recipient, but every such pension shall be capable of alienation and descent, and may be sued
for and recovered in the same manner as any other property.
III.—MODE OF PAYMENT.
**8. Payment to be made by Collector, Deputy Commissioner or other authorized officer.—All**
pensions or grants by Government of money or land-revenue shall be paid by the Collector or the Deputy
Commissioner or other authorized officer, subject to such rules as may, from time to time, be prescribed
by the Chief Controlling Revenue-Authority.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 8.—In section 8, for the words “All pensions or grants” the words “Save as**
otherwise provided in any law or any rule regulating grant and payment of pension to persons appointed
to public services and posts in connection with the affairs of the State, all pensions or grants, shall be
substituted and for the words “Chief Controlling Revenue Authority” the words “appropriate
Government” shall be substituted;
[Vide Karnataka Act 23 of 1979, s. 4]
1. Subs. by the A.O. 1937, for “Local Government.” (w.e.f. 1-4-1937).
2. I.e., “inams of the classes described in clase 1, s. 2, [Mad.] Regulation 4 of 1831, which have been, or shall be, enfranchised by
the Inam Commissioner and converted into freeholds in perpetuity, or into absolute freeholds in perpetuity”. The classes so
described are “hereditary or personal grants of money or of land-revenue, however, denominated, conferred by the authority of
the Governor in Council [or which, having been made by any Native Govt. have been confirmed or continued by the British
Govt.—Act 31 of 1836] in consideration of services rendered to the State or in lieu of resumed offices or privileges, or of
zamindaris or paleiyams forfeited or held under attachment or management by the officers of Govt., or as a yaumia or
charitable allowance, or as a pension”.
3
-----
**9. Saving of rights in respect of the recovery of land-revenue.—Nothing in sections 4 and 8 shall**
affect the right of a grantee of land-revenue, whose claim to such grant is admitted by Government, to
recover such revenue from the persons liable to pay the same under any law for the time being in force for
the recovery of the rent of land.
**10. Commutation of pensions.—The** [1] [appropriate Government] may, with the consent of the
holder, order the whole or any part of his pension or grant of money or land-revenue to be commuted for
a lump sum on such terms as may seem fit.
IV.—MISCELLANEOUS.
211. Exemption of pension from attachment.—No pension granted or continued by Government
on political considerations, or on account of past services or present infirmities or as a
compassionate allowance,
and no money due or to become due on account of any such pension or allowance,
shall be liable to seizure, attachment or sequestration by process of any Court [3]***, at the instance of
a creditor, for any demand against the pensioner, or in satisfaction of a decree or order of any such Court.
4[This section applies 3*** also to pensions granted or continued5, after the separation of Burma from
India, by the Government of Burma.]
**12. Assignments, &c., in anticipation of pension, to be void.—All assignments, agreements, orders,**
sales and securities of every kind made by the person entitled to any pension, pay or allowance mentioned
in section 11, in respect of any money not payable at or before the making thereof, on account of any such
pension, pay or allowance, or for giving or assigning any future interest therein, are null and void.
6 **[12A. Nomination by pensioner to receive moneys outstanding on account of pension.—**
Notwithstanding anything contained in section 12 or in any other law for the time being in force,—
(a) any person to whom any pension mentioned in section 11 is payable by the Government of
India or out of the Consolidated Fund of India (such person being hereinafter referred to as the
pensioner) may nominate any other person (hereinafter referred to as the nominee), in such manner
and in such form as may be prescribed by the Central Government by rules, to receive after the death
of the pensioner, all moneys payable to the pensioner on account of such pension at, before or after
the date of such nomination and which remain unpaid immediately before the death of the pensioner;
and
(b) the nominee shall be entitled, on the death of the pensioner, to receive, to the exclusion of all
other persons, all such moneys which have so remained unpaid:
Provided that if the nominee predeceases the pensioner, the nomination shall, so far as it relates to the
right conferred upon the said nominee, become void and of no effect:
Provided further that where provision has been duly made in the nomination, in accordance with the
rules made by the Central Government, conferring upon some other person the right to receive all such
moneys, which have so remained unpaid, in the event of the nominee predeceasing the pensioner, such
right shall, upon the decease as aforesaid of the nominee, pass to such other person.]
1. Subs. by the A.O. 1937, for “Local Government.”
2. See also s. 60, clause (g) of the Code of Civil Procedure 1908 (Act 5 of 1908).
3. The words “in Part A States and Part C States” omitted by the Adaptation of Laws (No. 2) Order, 1956. The words and letters
“Part A States and Part C States” were subs. by the A.O. 1950, for “the Provinces” which had been subs. by the A.O. 1948, for
“British India”.
4. Ins. by the A. O. 1937 (w.e.f. 1-4-1937).
5. I.e., on or after the1st April, 1937.
6. Ins. by Act 20 of 1982, s. 3.
4
-----
**13. Reward to informers.—Whoever proves to the satisfaction of the [1][appropriate Government]**
that any pension is fraudulently or unduly received by the person enjoying the benefit thereof shall be
entitled to a reward equivalent to the amount of such pension for the period of six months.
**14. Power to make rules.—[2][In each State] the Chief Controlling Revenue Authority may, with the**
consent of the [1][appropriate Government], from time to time make rules consistent with this Act
respecting all or any of the following matters:—
(1) the place and times at which, and the person to whom, any pension shall be paid;
(2) inquiries into the identity of claimants;
(3) records to be kept on the subject of pensions;
(4) transmission of such records;
(5) correction of such records;
(6) delivery of certificates to pensioners;
(7) registers of such certificates;
(8) reference to the Civil Court, under section 6, of persons claiming a right of succession to, or
participation in, pensions or grants of money or land-revenue payable by Government,
and generally for the guidance of officers under this Act.
All such rules shall be published in the local official Gazette, and shall thereupon have the force of
law.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 14.-In section 14, for the words, “Chief Controlling Revenue Authority may**
with the consent of the appropriate Government”, the words “appropriate Government may” shall be
substituted.
[Vide Karnataka Act 23 of 1979, s. 4]
3[15. Power of Central Government to make rules.—The Central Government may, by notification
in the Official Gazette, make rules to provide for all or any of the following matters, namely: —
(a) the manner and form in which any nomination may be made under section 12A and the
manner and form in which such nomination may be cancelled or varied by another nomination;
(b) the manner in which provision may be made, for the purposes of the second proviso to
section 12A, in any such nomination for conferring on some person other than the nominee the right
to receive moneys payable to the nominee if such nominee predeceases the pensioner.
**16. Laying of rules.—Every rule made by the Central Government under this Act and every rule**
made under section 14 by a Chief Controlling Revenue Authority with the consent of the Central
Government, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is
in session, for a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.]
1.Subs. by the A.O. 1937, for “L.G”.
2.Ins., ibid.
3.Ins. by Act 20 of 1982, s. 3.
5
-----
[SCHEDULE.]Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.
_______
6
-----
|
28-Mar-1872 | 04 | The Punjab Laws Act, 1872 | https://www.indiacode.nic.in/bitstream/123456789/19137/1/A1872-04.pdf | central | PREAMBLE.
SECTIONS
1. Short title.
2. Local extent.
Commencement.
3. Enactments in force.
4. [Repealed.].
# THE PUNJAB LAWS ACT, 1872
__________
ARRANGEMENT OF SECTIONS
____________
_Civil Judicature_
5. Decisions in certain cases to be according to Native law.
6. Decisions in cases not specially provided for.
7. Local customs and mercantile usages when valid.
_[Descent of Jaghirs](https://www.scconline.com/Members/BrowseResult.aspx#FC002)_
8. [Repealed.].
8A. [Repealed.].
8B. [Repealed.].
8C. [Repealed.].
9. [Repealed.].
10. [Repealed.].
11. [Repealed.].
12. [Repealed.].
13. [Repealed.].
14. [[Repealed.].](https://www.scconline.com/Members/BrowseResult.aspx#FS014)
15. [Repealed.].
16. [Repealed.].
17. [Repealed.].
18. [Repealed.].
19. [Repealed.].
20. [Repealed.].
21. [Repealed.].
22. [Repealed.].
23. [Repealed.].
24. [Repealed.].
25. [Repealed.].
26. [Repealed.].
27. [Repealed.].
28. [Repealed.].
_Pre-Emption_
_Decrees Concerning Land_
_[Insolvency](https://www.scconline.com/Members/BrowseResult.aspx#FC005)_
1
-----
SECTIONS
29. [Repealed.].
30. [Repealed.].
31. [Repealed.].
32. [Repealed.].
33. [Repealed.].
34. [Repealed.].
35. [Repealed.].
36. [Repealed.].
37. [Repealed.].
38. [Repealed.].
_Minors and the Court of Wards_
_Criminal Judicature_
39. Indian Penal Code to apply to offences committed previous to 1st January, 1862.
Saving of privileges conferred on certain Chiefs.
39A. Power to establish system of village-watchmen, and municipal-watchmen and to make rules.
39B. Obligation to assist watchmen and headmen.
Person obstructing watchman or headman may be arrested without warrant.
39C. Power to direct local taxation for payment of police enrolled under Act 5 of 1861.
39D. Notice of taxes proposed to be levied.
Objections to taxation.
Procedure thereon.
39E. Power to fix rates of tax.
39F. Power to make rules for collection of taxes.
[39G. [Repealed.].](https://www.scconline.com/Members/BrowseResult.aspx#FS039G)
_Honorary police-officers_
40. State Government may confer powers of police-officer.
_Track Law_
41. Trackers may call for assistance in carrying on tracks.
Limit
42. Penalty for withholding assistance or conniving at offence or escape.
Limit to fine.
Appeal to High Court.
Fine may be awarded to injured parties, and fee to tracker.
_Slaughter of kine_
43. Control of slaughter of kine and sale of beef.
_Armed Men and Foreign Vagrants_
44. Control of entry into towns of bands of armed men.
45. Powers of Magistrate of district as to foreign vagrants.
46. Surveillance, etc., of band failing to comply with Magistrate's order.
_Miscellaneous_
47. Crossing of streams on buoys or skins.
2
-----
SECTIONS
48. Use of pasturage or natural product of Government land.
49. [Repealed.].
50. Power to make rules as to matters mentioned in sections 43 to 48.
Existing Rules.
50A. Conditions of validity of rules hereafter made under this Act.
50B. Penalties for breach of such rules.
51. Republication of rules and orders.
52. [[Repealed.].](https://www.scconline.com/Members/BrowseResult.aspx#FS052)
Schedule I.—ENACTMENTS DECLARED TO BE IN FORCE.
Schedule II.—[Repealed.].
3
-----
# THE PUNJAB LAWS ACT, 1872
ACT NO. IV OF 1872
[28th March, 1872.]
An Act for declaring which of certain rules, laws and regulations have the force of law in the Punjab, and
for other purposes.
**Preamble.—WHEREAS certain rules, laws and regulations, made heretofore for the Punjab, acquired the**
force of law under the provisions of section 25 of the [1][Indian Councils Act, 1861; and whereas it is expedient
to declare which of the said rules, laws and regulations shall henceforth be in force in the Punjab, and to
amend, consolidate or repeal others of the said rules, orders and regulations; It is hereby enacted as
follows:—
**1. Short title.—This Act may be called “The Punjab Laws Act, 1872.**
**2. Local extent. Commencement.—It extends to the territories [2][which immediately before the 1st**
November, 1956, were comprised in the States of Punjab and Delhi], but not so as to alter the effect of any
regulations made for any parts of the said territories under the [3]Statute 33 Vict. Section 1;
And it shall come into force on the first day of June, 1872.
**3. Enactments in force.—The Regulations, Acts and orders specified in the First Schedule hereto**
annexed are in force in the [4][territories to which this Act extends] to the extent specified in the third column
of the said Schedule.
**4. Enactments repealed.—[Rep. by the Second Repealing and Amending Act,** 1914 (17 of
1914), Section 3 and Schedule II.]
_Civil Judicature_
**[5][5. Decisions in certain cases to be according to Native law.—In questions regarding succession,**
special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, bastardy,
family relations, wills, legacies, gifts, partitions, or any religious usage or institution the rule of decision
shall be—
(1) any custom applicable to the parties concerned, which is not contrary to justice, equity or good
conscience, and has not been by this or any other enactment altered or abolished, and has not been
declared to be void by any competent authority;
1. Rep. by the Government of India Act, 1915.
2. Subs. for “constituting the States of Punjab and Delhi” by 2 A.L.O., 1956 (w.e.f. 1-11-1956).
3. Rep. by the Government of India Act, 1915.
4. Subs. by s. 2 A.L.O., 1956 for “States of Punjab and Delhi” (w.e.f. 1-11-1956).
5. Subs. by Act 12 of 1878, s. 1, for the section 5.
4
-----
(2) the Muhammadan law, in cases where the parties are Muhammadans, and the Hindu law, in cases
where the parties are Hindus, except in so far as such law has been altered or abolished by legislative
enactment, or is opposed to the provisions of this Act, or has been modified by any such custom as is
above referred to.]
**[6. Decisions in cases not specially provided for.—In cases not otherwise specially provided for, the](https://www.scconline.com/Members/BrowseResult.aspx#BS006)**
Judges shall decide according to justice, equity and good conscience.
**[7. Local customs and mercantile usages when valid.—All local customs and mercantile usages shall](https://www.scconline.com/Members/BrowseResult.aspx#BS007)**
be regarded as valid, unless they are contrary to justice, equity or good conscience, or have, before the
passing of this Act, been declared to be void by any competent authority.
[1[Descent Of Jaghirs]](https://www.scconline.com/Members/BrowseResult.aspx#BC002)
**8.** **[Repealed.—[Subs. by the Punjab Descent of Jaghirs Act, 1900 (Pun. Act 4 of 1900), s.](https://www.scconline.com/Members/BrowseResult.aspx#BS008)** _2.]_
**[8A. Repealed.— [Subs. by the Punjab Descent of Jaghirs Act, 1900 (Pun. Act 4 of 1900), s. 2.]](https://www.scconline.com/Members/BrowseResult.aspx#BS008A)**
**[8B. Repealed. — [Subs. by the Punjab Descent of Jaghirs Act, 1900 (Pun. Act 4 of 1900), s. 2.]](https://www.scconline.com/Members/BrowseResult.aspx#BS008B)**
**[8C. Repealed. — [Subs. by the Punjab Descent of Jaghirs Act, 1900 (Pun. Act 4 of 1900), s. 2.]](https://www.scconline.com/Members/BrowseResult.aspx#BS008C)**
_[Pre-Emption](https://www.scconline.com/Members/BrowseResult.aspx#BC003)_
**[9. Repealed.— [Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act 2 of 1905), Section 2(1).]](https://www.scconline.com/Members/BrowseResult.aspx#BS009)**
**[10. Repealed.— [Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act 2 of 1905), Section 2(1).]](https://www.scconline.com/Members/BrowseResult.aspx#BS010)**
**[11. Repealed.— [Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act 2 of 1905), Section 2(1).]](https://www.scconline.com/Members/BrowseResult.aspx#BS011)**
**[12. Repealed.— [Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act 2 of 1905), Section 2(1).]](https://www.scconline.com/Members/BrowseResult.aspx#BS012)**
**[13. Repealed.— [Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act 2 of 1905), Section 2(1).]](https://www.scconline.com/Members/BrowseResult.aspx#BS013)**
**[14. Repealed.— [Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act 2 of 1905), Section 2(1).]](https://www.scconline.com/Members/BrowseResult.aspx#BS014)**
**[15. Repealed.— [Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act 2 of 1905), Section 2(1).]](https://www.scconline.com/Members/BrowseResult.aspx#BS015)**
**[16. Repealed.— [Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act 2 of 1905), Section 2(1).]](https://www.scconline.com/Members/BrowseResult.aspx#BS016)**
**[17. Repealed.— [Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act 2 of 1905), Section 2(1).]](https://www.scconline.com/Members/BrowseResult.aspx#BS017)**
**[18. Repealed.— [Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act 2 of 1905), Section 2(1).]](https://www.scconline.com/Members/BrowseResult.aspx#BS018)**
**[19. Repealed.— [Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act 2 of 1905), Section 2(1).]](https://www.scconline.com/Members/BrowseResult.aspx#BS019)**
**[20. Repealed.— [Repealed by the Punjab Pre-emption Act, 1905 (Punjab Act 2 of 1905), Section 2(1).]](https://www.scconline.com/Members/BrowseResult.aspx#BS020)**
1. Rep. by the Punjab Jaghirs Act, 1941 (Pun. Act 5 of 1941), s. 13.
5
-----
_[Decrees Concerning Land](https://www.scconline.com/Members/BrowseResult.aspx#BC004)_
**[21. Copy of decrees affecting land to be forwarded to Deputy Commissioner.— [Repealed by the](https://www.scconline.com/Members/BrowseResult.aspx#BS021)**
_Punjab Land Revenue Act, 1887 (17 of 1887).]_
_[Insolvency](https://www.scconline.com/Members/BrowseResult.aspx#BC005)_
**[22. Repealed.— [Repealed by the Provincial Insolvency Act, 1907 (3 of 1907).]](https://www.scconline.com/Members/BrowseResult.aspx#BS022)**
**[23. Repealed.— [Repealed by the Provincial Insolvency Act, 1907 (3 of 1907).]](https://www.scconline.com/Members/BrowseResult.aspx#BS023)**
**[24. Repealed.— [Repealed by the Provincial Insolvency Act, 1907 (3 of 1907).]](https://www.scconline.com/Members/BrowseResult.aspx#BS024)**
**[25. Repealed.— [Repealed by the Provincial Insolvency Act, 1907 (3 of 1907).]](https://www.scconline.com/Members/BrowseResult.aspx#BS025)**
**[26. Repealed.— [Repealed by the Provincial Insolvency Act, 1907 (3 of 1907).]](https://www.scconline.com/Members/BrowseResult.aspx#BS026)**
**[27. Repealed.— [Repealed by the Provincial Insolvency Act, 1907 (3 of 1907).]](https://www.scconline.com/Members/BrowseResult.aspx#BS027)**
**[28. Repealed.— [Repealed by the Provincial Insolvency Act, 1907 (3 of 1907).]](https://www.scconline.com/Members/BrowseResult.aspx#BS028)**
**[29. Repealed.— [Repealed by the Provincial Insolvency Act, 1907 (3 of 1907).]](https://www.scconline.com/Members/BrowseResult.aspx#BS029)**
**[30. Repealed.— [Repealed by the Provincial Insolvency Act, 1907 (3 of 1907).]](https://www.scconline.com/Members/BrowseResult.aspx#BS030)**
**[31. Repealed.— [Repealed by the Provincial Insolvency Act, 1907 (3 of 1907).]](https://www.scconline.com/Members/BrowseResult.aspx#BS031)**
**[32. Repealed.— [Repealed by the Provincial Insolvency Act, 1907 (3 of 1907).]](https://www.scconline.com/Members/BrowseResult.aspx#BS032)**
**[33. Saving of previous insolvency proceedings.— [Repealed by the Amending Act, 1891 (12 of 1891).]](https://www.scconline.com/Members/BrowseResult.aspx#BS033)**
_[Minors and the Court of Wards](https://www.scconline.com/Members/BrowseResult.aspx#BC006)_
**[34. Repealed.— [Repealed by the Punjab Court of Wards Act, 1903 (Punjab Act 2 of 1903), Section](https://www.scconline.com/Members/BrowseResult.aspx#BS034)**
_2(1).]_
**[35. Repealed.— [Repealed by the Punjab Court of Wards Act, 1903 (Punjab Act 2 of 1903), Section](https://www.scconline.com/Members/BrowseResult.aspx#BS035)**
_2(1).]_
**[36. Repealed.— [Repealed by the Punjab Court of Wards Act, 1903 (Punjab Act 2 of 1903), Section](https://www.scconline.com/Members/BrowseResult.aspx#BS036)**
_2(1).]_
**[37. Repealed.— [Repealed by the Punjab Court of Wards Act, 1903 (Punjab Act 2 of 1903), Section](https://www.scconline.com/Members/BrowseResult.aspx#BS037)**
_2(1).]_
**[38. Repealed.— [Repealed by the Punjab Court of Wards Act, 1903 (Punjab Act 2 of 1903), Section](https://www.scconline.com/Members/BrowseResult.aspx#BS038)**
_2(1).]_
6
-----
**[39. Indian Penal Code to apply to offences committed previous to 1st January, 1862.—The](https://www.scconline.com/Members/BrowseResult.aspx#BS039)**
provisions of the Indian Penal Code (45 of 1860), with the exception of Chapter VI, shall be applicable to
all offences committed before first January, 1862, in territory which was, at the time of the commission of
such offence, subject to the State Government of the Punjab:
**Saving of privileges conferred on certain Chiefs.—Provided that nothing contained in this section**
shall affect any privilege conferred on certain Chiefs in the Punjab by the Central Government, or by the
Board of Administration for the affairs of the Punjab, nor any indemnity or pardon granted by competent
authority.
[1[39A. Power to establish system of village-watchmen and municipal-watchmen, and to make](https://www.scconline.com/Members/BrowseResult.aspx#BS039A)
**[rules.—The State Government may establish a system of village-watchmen or municipal-watchmen in any](https://www.scconline.com/Members/BrowseResult.aspx#BS039A)**
part of the territories under its administration, and in furtherance of this object may, from time to time, make
rules to provide for the following matters:—
(a) the definition of the limits of watchmen's beats;
(b) the determination of the several grades of watchmen, and the number of each grade to be
appointed to each beat;
(c) the appointment, suspension, dismissal and resignation of watchmen of each grade;
(d) the equipment and discipline of, and the control and supervision over, such watchmen;
(e) the conferring upon them, and the exercise by them, of any powers and the enjoyment by them
of any protection or privilege, which may be exercised and enjoyed by a police-officer under any law
for the time being in force;
(f) the performance by them of such duties relating to police, sanitation or statistics, or for the benefit
of the village communities or municipalities within their respective beats, as the State Government thinks
fit;
(g) the exercise of authority over, and the rendering of aid to, such watchmen by headmen of the
villages or members of the Municipal Committees of the towns comprised in their respective beats;
(h) the performance, by the headmen of villages comprised in the beat of any watchmen, of any of
the duties of a village-watchman in aid of, or substitution for, such watchman;
(i) the exercise, by such village-headmen for the purposes referred to in clauses (g) and (h), or by
members of Municipal Committees for the purposes referred to in clause (g) of this section, of any of
the powers, and the enjoyment by such headmen or members of any privilege or protection, of a
village-watchman, or a municipal-watchman, as the case may be;
1. Subs. by Act 24 of 1881, s. 2, for ss. 39A and 39B.
7
-----
(j) the determination of the rate at which, and the mode in which, watchmen shall be paid, and, in
the case of village-watchmen, of the mode in which their pay, the expenses of their equipment, and other
charges connected with the village-watchman-system shall be provided for, whether out of cesses or funds
already leviable or available in the villages comprised in the beat, or by a special tax in money or kind to
be imposed on any class of persons residing or owning property in, or resorting to, such villages, or partly
in one of these ways and partly in the other;
(k) the collection with or without the aid of the village-headmen, and by any process available for
the realisation of the land-revenue, of any tax imposed under clause (j) of this section, and the application
of, and the mode of accounting for, the same; and generally for;
(l) the efficient working of the system of village-watchmen or municipal-watchmen:
Provided—
_first, that the rules to be made regarding the appointment of village-watchmen shall allow to the_
headmen of the villages comprised in the beat to which such a watchman is to be appointed a power of
nomination to be exercised in such manner and subject to such reasonable conditions as may be
prescribed by such rules;
_secondly, that the rules to be made under clause (j) of this section with regard to village-watchmen_
shall include provisions for recording and securing due consideration of the views and opinions on the
matters therein referred to of the headmen of the villages comprised in each beat.
**[39B. Obligation to assist watchmen and headmen.—Every person is bound to render to a](https://www.scconline.com/Members/BrowseResult.aspx#BS039B)**
village-watchman, or municipal watchman, or village-headman discharging the duties of a police-officer
under the rules made hereunder, all the assistance which he is bound to render to a police-officer.
**Person obstructing watchman or headman may be arrested without warrant.—Any person who**
obstructs such watchman or headman in the discharge of such duties may be arrested without warrant by a
police-officer or by any watchman or village-headman empowered in this behalf by the State Government.]
[1[39C. Power to direct local taxation for payment of police enrolled under Act 5 of](https://www.scconline.com/Members/BrowseResult.aspx#BS039C)
**[1861.—Whenever it seems to the State Government expedient that the duties of watch-and-ward and other](https://www.scconline.com/Members/BrowseResult.aspx#BS039C)**
internal police-service of any town or village not comprised within the limits of a municipality or within the
limits of a village-watchman's beat as defined under the power conferred by section 39A should be performed
by police-officers enrolled under [2]Act V of 1861, the State Government may direct that the said service shall
be so performed, and may also [3]*** direct that the charges for the time being fixed by such Government on
account of such service shall be defrayed by taxes to be levied in such town or village.
1. Ins. by Act 15 of 1875, s. 2.
2. The Police Act.
3. The words “subject to the control of the G.G. in C.” rep. by the A.O. 1937.
8
-----
**[39D. Notice of taxes proposed to be levied.—When the State Government has, under section 39C,](https://www.scconline.com/Members/BrowseResult.aspx#BS039D)**
directed that taxes shall be levied in any town or village, the Deputy Commissioner may from time to time
issue a public notice in such town or village explaining the nature of the taxes he proposes to levy.
**Objections to taxation.—Any inhabitant of such town or village objecting to the taxation thus proposed**
may, within fifteen days from the publication of such notice, send his objection in writing to the Deputy
Commissioner.
**Procedure thereon.—After the expiry of fifteen days from the publication of the notice, the Deputy**
Commissioner may submit for the information of the State Government a report of the proposal made by
him. Such report shall contain specific mention of the objections (if any) urged to his proposal and his
opinion on such objections.
No such tax shall be levied until it has, upon such report, been approved by the State Government.
**[39E. Power to fix rates of tax.—When any such tax has been so approved by the State Government,](https://www.scconline.com/Members/BrowseResult.aspx#BS039E)**
the Deputy Commissioner may from time to time, subject to such rules consistent with this Act as the State
Government may from time to time prescribe, determine the rates at which it is to be levied.
**[39F. Power to make rules for collection of taxes.—The State Government may from time to time make](https://www.scconline.com/Members/BrowseResult.aspx#BS039F)**
rules to provide for the collection of such taxes by any process available for the realisation of the landrevenue and to regulate the application and mode of accounting for the same.
**[39G. Validation clause.—[Rep. by the Amending Act, 1891 (12 of 1891).]](https://www.scconline.com/Members/BrowseResult.aspx#BS039G)**
_[Honorary police-officers](https://www.scconline.com/Members/BrowseResult.aspx#BC007)_
**[40. State Government may confer powers of police-officer.— The State Government may, if it thinks](https://www.scconline.com/Members/BrowseResult.aspx#BS040)**
fit, confer on any person any of the powers which may be exercised by a police-officer under any Act for
the time being in force, [1][and may withdraw any powers so conferred].
_[Track law](https://www.scconline.com/Members/BrowseResult.aspx#BC008)_
**[41. Trackers may call for assistance in carrying on tracks.—When an offence is, has been, or may](https://www.scconline.com/Members/BrowseResult.aspx#BS041)**
reasonably be supposed to have been committed, and the tracks of the persons who may reasonably be
supposed to have committed such offence, or of any animal or other property reasonably supposed to be
connected with such offence, are followed to a spot within the immediate vicinity of a village, the person
following such tracks may call upon any headman or village-watchman in such village to assist in carrying
on the tracks.
**[42. Penalty for withholding assistance or conniving at offence or escape.—If such headman or](https://www.scconline.com/Members/BrowseResult.aspx#BS042)**
watchman do not forthwith give such assistance, or if the inhabitants of such village do not afford full
opportunity for search in their houses for the offenders, or, if from the circumstances of the case, there shall
appear good reason to believe that the inhabitants of such village, or any of them were conniving at the
offence or at the escape of the offenders, and such offenders cannot be traced beyond the village, the
Magistrate of the district may, with the previous sanction of the Commissioner of the Division inflict a fine
upon such village not exceeding five hundred rupees, except in the case of stolen property over five hundred
rupees in value, in which case the fine shall not exceed the value of such property.
**Appeal to High Court.—An appeal against all convictions under this section shall lie to the High Court**
of Punjab [2][and Haryana].
**Fine may be awarded to injured parties, and fee to tracker.—The Magistrate may direct that the fine**
imposed under this section or any part thereof shall be awarded to any persons injured by such offence in
1. Ins. by Act 12 of 1878, s. 5.
2. Ins. by Punjab Adaptations of Laws (State and Concurrent Subjects) Order, 1968 (w.e.f. 1-11-1966).
9
-----
compensation for such injury; and, in the case of stolen property recovered through the agency of a tracker,
may direct that such property be not restored to its owner until he has paid to such tracker such fee, not
exceeding one-fourth part of the value of the stolen property, as to the said Magistrate seems fit.
_[Slaughter Of kine](https://www.scconline.com/Members/BrowseResult.aspx#BC009)_
**[43. Control of slaughter of kine and sale of beef.—The slaughter of kine and the sale of beef shall not](https://www.scconline.com/Members/BrowseResult.aspx#BS043)**
take place except [1][* * *] subject to rules to be from time to time, either generally or in any particular
instance, prescribed by the State Government.
_[Armed men and foreign vagrants](https://www.scconline.com/Members/BrowseResult.aspx#BC010)_
**[44. Control of entry into towns of bands of armed men.—No band of armed men shall enter into any](https://www.scconline.com/Members/BrowseResult.aspx#BS044)**
city or town, except [1][* * *] subject to rules to be from time to time, either generally or in any particular
instance, prescribed by the State Government.
**[45. Powers of Magistrate of district as to foreign vagrants.—The Magistrate of the district may, if he](https://www.scconline.com/Members/BrowseResult.aspx#BS045)**
considers that any band of foreign vagrants is likely to occasion a breach of the peace or to commit any
offence under the Indian Penal Code (45 of 1860), prohibit such band from entering his district; or, if they
are already in his district, may require them within a given time to leave it.
**[46. Surveillance, etc., of band failing to comply with Magistrate's order.— If any such band fail to](https://www.scconline.com/Members/BrowseResult.aspx#BS046)**
comply with the orders of the said Magistrate within the prescribed period, he shall report the matter to the
State Government, and the State Government may give such directions for the surveillance, control or
deportation of such band, as to it seems fit.
_[Miscellaneous](https://www.scconline.com/Members/BrowseResult.aspx#BC011)_
**[47. Crossing of streams on buoys or skins.—No person shall cross any river or stream on a buoy or](https://www.scconline.com/Members/BrowseResult.aspx#BS047)**
inflated skin, nor shall have in his possession or custody any buoy or skin for the purpose of being used in
crossing any river or stream, except [1][* * *] subject to rules to be from time to time, either generally or in
any particular instance, prescribed by the State Government.
**[48. Use of pasturage or natural product of Government land.—No person shall make use of the](https://www.scconline.com/Members/BrowseResult.aspx#BS048)**
pasturage or other natural product of any land being the property of the Government, except with the consent
and subject to rules to be from time to time, either generally or in any particular instance, prescribed
by [2][the Government concerned].
**[49. Growing, selling or keeping opium.—[Rep. by the Opium Act, 1878 (1 of 1878), s. 2 and Schedule.]](https://www.scconline.com/Members/BrowseResult.aspx#BS049)**
[3[50. Power to make rules as to matters mentioned in sections 43 to 48.—The State Government may](https://www.scconline.com/Members/BrowseResult.aspx#BS050)
from time to time make rules as to the matters mentioned in [4][sections 43 to 48] inclusive.
**Existing rules.—All existing rules upon such matters, which might have been made under this section**
had it been in force, shall be deemed to have been made hereunder.
**[50A. Conditions of validity of rules hereafter made under this Act.—[5][(1)] [6][Rules made under this](https://www.scconline.com/Members/BrowseResult.aspx#BS050A)**
Act shall not be valid unless]:—
1. The words “with the consent and” omitted by Act 12 of 1878, s. 6.
2. Subs. by the A.O. 1950 for “the Govt. for whose purposes the land is vested in His Majesty”.
3. Subs. by Act 15 of 1875, s. 3, for s. 50.
4. Subs. by Act 12 of 1891, s. 2 and Schedule II, for “sections forty-three to forty-nine”.
5. Ins. by Act 4 of 2005, s. 2 and Schedule.
6. Subs. by the A.O. 1937 for “All rules hereafter made by the L.G. under any power conferred by this Act shall be subject to the
control of the G.G. in C. and no such rules shall be valid unless”.
10
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(a) they are consistent with the laws for the time being in force in the [1][territories to which this Act
extends];
(b) they are published in the Official Gazette;
2[* * * *]
3[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is
made, before the State Legislature.]
**[50B. Penalties for breach of such rules.—The State Government may, in making any rule under any](https://www.scconline.com/Members/BrowseResult.aspx#BS050B)**
of the powers conferred by this Act, attach to the breach of it, in addition to any other consequences that
would ensue from such breach, a punishment on conviction before a Magistrate not exceeding six months'
imprisonment, or three hundred rupees fine, or both.]
[4[51. Republication of rules and orders.—All rules which the State Government is empowered to issue](https://www.scconline.com/Members/BrowseResult.aspx#BS051)
under this Act, and all circulars issued by the High Court of Punjab [5][and Haryana], shall be republished
from time to time by the State Government, and upon such republication, shall be arranged in the order of
their subject-matter, and all such alterations or amendments as may have been made since the last preceding
publication thereof, or may have become necessary or advisable, shall be embodied therewith, and upon
such republication all such rules and circulars previously issued shall be repealed.]
**[52. Recovery of advances made by Government.—[Rep. by the Northern India Takkavi Act,](https://www.scconline.com/Members/BrowseResult.aspx#BS052)**
1879 (10 of 1879).]
1. Subs. by for “States of Punjab and Delhi” by 2 A.L.O., 1956 (w.e.f. 1-11-1956).
2. Clause (c) of Section 50A repealed by Act 4 of 1914.
3. Ins. by Act 4 of 2005, s. 2 and Schedule.
4. Subs. by Punjab Act 1 of 1910, for the original s. 51.
5. Ins. by Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968 (w.e.f. 1-11-1966).
11
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[1[SCHEDULE I](https://www.scconline.com/Members/BrowseResult.aspx#BC012)
ENACTMENTS DECLARED TO BE IN FORCE
_Explanation.—This schedule does not refer to any Act which is in its terms applicable to the Punjab, or_
which has been extended to the Punjab by competent authority.
No. and year Title Extent to which the enactment is in force
2[Reg. I of
1798
A Regulation to prevent Fraud and Injustice in Conditional Sales of
Land under Deeds of bai-bil-wuffa, or other Deeds of the same nature.
The whole, except such parts as relate to
interest.
3[* * * * *]
2[Reg.
XVII of
1806
A Regulation for extending to the State of Benares the Rates of Interest Sections 7 and 8.
on future Loans and Provisions relative thereto, contained in Regulation
XV, 1793; also for a general extension of the period fixed by Regulations
I, 1798, and XXXIV, 1803, for the redemption of Mortgages and
Conditional Sales of Land, under Deeds of bai-bil-wuffa Kutcubaleb, or
other similar designation.
4[* * * * *]
Reg. XI of A Regulation for declaring the Rules to be observed in determining The whole.
1825 Claims to Lands gained by alluvion or by dereliction of a river or the
sea.
1[* * * * *]
Rules for the conservancy of Forests and Jungles in the Hill Districts of The whole.
the Punjab Territories, sanctioned by the Governor General in Council
in letter of the Secretary to the Government of India, No. 1789, 21st May
1855.
1. As so much of Act 4 of 1872 as related to Bengal Regulations 5 of 1817 and 20 of 1825 and Acts 40 of 1858 and 17 of 1861
was rep. by Acts 6 of 1878, 10 of 1882, 8 of 1890 and 12 of 1891, respectively, the references to those Regulations and Acts in
this Schedule are omitted.
2. See the Transfer of Property Act, 1882 (4 of 1882), ss. 1, 2 and Schedule.
3. So much of the First Schedule as relates to Bengal State Offences Regulation, 1804 (10 of 1804), was rep. by Act 4 of 1922.
4. Entry relating to Bengal Regulation 3 of 1818 was omitted by Act 42 of 1953 s. 4 and Schedule III.
12
-----
[SCHEDULE II](https://www.scconline.com/Members/BrowseResult.aspx#BC013)
**Enactments Repealed.—[Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914).]**
———
13
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|
25-Apr-1872 | 09 | The Indian Contract Act, 1872 | https://www.indiacode.nic.in/bitstream/123456789/2187/2/A187209.pdf | central | SECTIONS
PREAMBLE
1. Short title.
Extent.
Commencement.
Saving.
2. Interpretation-clause.
# THE INDIAN CONTRACT ACT, 1872
____________
# ARRANGEMENT OF SECTIONS
____________
PRELIMINARY
CHAPTER I
OF THE COMMUNICATION, ACCEPTANCE AND
REVOCATION OF PROPOSALS
3. Communication, acceptance and revocation of proposals.
4. Communication when complete.
5. Revocation of proposals and acceptances.
6. Revocation how made.
7. Acceptance must be absolute.
8. Acceptance by performing conditions, or receiving consideration.
9. Promises, express and implied.
CHAPTER II
OF CONTRACTS, VOIDABLE CONTRACTS AND VOID
AGREEMENTS
10. What agreements are contracts.
11. Who are competent to contract.
12. What is a sound mind for the purposes of contracting.
13. “Consent” defined.
14. “Free consent” defined.
15. “Coercion” defined.
16. “Undue influence” defined.
17. “Fraud” defined.
18. “Misrepresentation” defined.
19. Voidability of agreements without free consent.
19A. Power to set aside contract induced by undue influence.
20. Agreement void where both parties are under mistake as to matter of fact.
21. Effect of mistakes as to law.
22. Contract caused by mistake of one party as to matter of fact.
1
-----
SECTIONS
23. What considerations and objects are lawful, and what not.
_Void agreements_
24. Agreement void, if considerations and objects unlawful in part.
25. Agreement without consideration, void, unless it is in writing and registered, or is a promise to
compensate for something done, or is a promise to pay a debt barred by limitation law.
26. Agreement in restraint of marriage, void.
27. Agreement in restraint of trade, void.
Saving of agreement not to carry on business of which good-will is sold.
28. Agreements in restraint of legal proceeding void.
Saving of contract to refer to arbitration dispute that may arise.
Saving of contract to refer questions that have already arisen.
Saving of a guarantee agreement of a bank or a financial institution.
29. Agreements void for uncertainty.
30. Agreements by way of wager, void.
Exception in favour of certain prizes for horse-racing.
Section 294A of the Indian Penal Code not affected.
CHAPTER III
OF CONTINGENT CONTRACTS
31. “Contingent contract” defined.
32. Enforcement of contracts contingent on an event happening.
33. Enforcement of contracts contingent on an event not happening.
34. When event on which contract is contingent to be deemed impossible, if it is the future conduct of
a living person.
35. When contracts become void which are contingent on happening of specified event within fixed
time.
When contracts may be enforced, which are contingent on specified event not happening within
fixed time.
36. Agreement contingent on impossible events void.
CHAPTER IV
OF THE PERFORMANCE OF CONTRACTS
_Contracts which must be performed_
37. Obligation of parties to contracts.
38. Effect of refusal to accept offer of performance.
39. Effect of refusal of party to perform promise wholly.
_By whom contracts must be performed_
40. Person by whom promise is to be performed.
41. Effect of accepting performance from third person.
2
-----
SECTIONS
42. Devolution of joint liabilities.
43. Any one of joint promisors may be compelled to perform.
Each promisor may compel contribution.
Sharing of loss by default in contribution.
44. Effect of release of one joint promisor.
45. Devolution of joint rights.
_Time and place for performance_
46. Time for performance of promise, when no application is to be made and no time is specified.
47. Time and place for performance of promise, where time is specified and no application to be
made.
48. Application for performance on certain day to be at proper time and place.
49. Place for performance of promise, where no application to be made and no place fixed for
performance.
50. Performance in manner or at time prescribed or sanctioned by promisee.
_Performance of reciprocal promises_
51. Promisor not bound to perform, unless reciprocal promisee ready and willing to perform.
52. Order of performance of reciprocal promises.
53. Liability of party preventing event on which the contract is to take effect.
54. Effect of default as to that promise which should be first performed, in contract consisting of
reciprocal promises.
55. Effect of failure to perform at fixed time, in contract in which time is essential.
Effect of such failure when time is not essential.
Effect of acceptance of performance at time other than that agreed upon.
56. Agreement to do impossible act.
Contract to do an act afterwards becoming impossible or unlawful.
Compensation for loss through non-performance of act known to be impossible or unlawful.
57. Reciprocal promise to do things legal, and also other things illegal.
58. Alternative promise, one branch being illegal.
_Appropriation of payments_
59. Application of payment where debt to be discharged is indicated.
60. Application of payment where debt to be discharged is not indicated.
61. Application of payment where neither party appropriates.
_Contracts which need not be performed_
62. Effect of novation, rescission, and alteration of contract.
63. Promisee may dispense with or remit performance of promise.
64. Consequences of rescission of voidable contract.
65. Obligation of person who has received advantage under void agreement, or contract that becomes
void.
66. Mode of communicating or revoking rescission of voidable contract.
67. Effect of neglect of promisee to afford promisor reasonable facilities for performance.
3
-----
CHAPTER V
OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT
SECTIONS
68. Claim for necessaries supplied to person incapable of contracting, or on his account.
69. Reimbursement of person paying money due by another, in payment of which he is interested.
70. Obligation of person enjoying benefit of non-gratuitous act.
71. Responsibility of finder of goods.
72. Liability of person to whom money is paid, or thing delivered, by mistake or under coercion.
CHAPTER VI
OF THE CONSEQUENCES OF BREACH OF CONTRACT
73. Compensation for loss or damage caused by breach of contract.
Compensation for failure to discharge obligation resembling those created by contract.
74. Compensation for breach of contract where penalty stipulated for.
75. Party rightfully rescinding contract, entitled to compensation.
[CHAPTER VII SALE OF GOODS.][Repealed.].
76. [Repealed.].
77. [Repealed.].
78. [Repealed.].
79. [Repealed.].
80. [Repealed.].
81. [Repealed.].
82. [Repealed.].
83. [Repealed.].
84. [Repealed.].
85. [Repealed.].
86. [Repealed.].
87. [Repealed.].
88. [Repealed.].
89. [Repealed.].
[DELIVERY.][Repealed.].
90. _Repealed.]._
91. [Repealed.].
92. [Repealed.].
93. [Repealed.].
94. [Repealed.]
[SELLER’S LIEN.][Repealed.].
95. [Repealed.].
96. [Repealed.].
97. [Repealed.].
98. [Repealed.]
[STOPPAGE IN TRANSIT.][Repealed.].
99. [Repealed.].
100. [Repealed.].
101. [Repealed.].
4
-----
SECTIONS
102.[Repealed.].
103.[Repealed.].
104.[Repealed.].
105.[Repealed.].
106.[Repealed.].
[RESALE.][Repealed.].
107. [Repealed.].
[TITLE.][Repealed.].
108.[Repealed.].
[WARRANTY.]Repealed.].
109. [Repealed.].
110. [Repealed.].
111. [Repealed.].
112. [Repealed.].
113. [Repealed.].
114. [Repealed.].
115. [Repealed.].
116. [Repealed.].
117. [Repealed.].
118. [Repealed.].
[MISCELLANEOUS.][Repealed.].
119.[Repealed.].
120.[Repealed.].
121.[Repealed.].
122.[Repealed.].
123.[Repealed.].
CHAPTERVIII
OF INDEMNITY AND GUARANTEE
124. “Contract of indemnity” defined.
125. Rights of indemnity-holder when sued.
126. “Contract of guarantee”, “surety”, “principal debtor” and “creditor”.
127. Consideration for guarantee.
128. Surety’s liability.
129. “Continuing guarantee”.
130. Revocation of continuing guarantee.
131. Revocation of continuing guarantee by surety’s death.
132. Liability of two persons, primarily liable, not affected by arrangement between them that one shall be
surety on other’s default.
133. Discharge of surety by variance in terms of contract.
134. Discharge of surety by release or discharge of principal debtor.
135. Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor.
136. Surety not discharged when agreement made with third person to give time to principal debtor.
137. Creditor’s forbearance to sue does not discharge surety.
138. Release of one co-surety does not discharge others.
5
-----
SECTIONS
139. Discharge of surety of creditor’s act or omission impairing surety’s eventual remedy.
140. Rights of surety on payment or performance.
141. Surety’s right to benefit of creditor’s securities.
142. Guarantee obtained by misrepresentation invalid.
143. Guarantee obtained by concealment invalid.
144. Guarantee on contract that creditor shall not act on it until co-surety joins.
145. Implied promise to indemnify surety.
146. Co-sureties liable to contribute equally.
147. Liability of co-sureties bound in different sums.
CHAPTER IX
OF BAILMENT
148. “Bailment”, “bailor” and “bailee” defined.
149. Delivery to bailee how made.
150. Bailor’s duty to disclose faults in goods bailed.
151. Care to be taken by bailee.
152. Bailee when not liable for loss, etc., of thing bailed.
153. Termination of bailment by bailee’s act inconsistent with conditions.
154. Liability of bailee making unauthorized use of goods bailed.
155. Effect of mixture, with bailor’s consent, of his goods with bailee’s.
156. Effect of mixture, without bailor’s consent, when the goods can be separated.
157. Effect of mixture, without bailor’s consent, when the goods cannot be separated.
158. Repayment, by bailor, of necessary expenses.
159. Restoration of goods lent gratuitously.
160. Return of goods bailed on expiration of time or accomplishment of purpose.
161. Bailee’s responsibility when goods are not duly returned.
162. Termination of gratuitous bailment by death.
163. Bailor entitled to increase or profit from goods bailed.
164. Bailor’s responsibility to bailee.
165. Bailment by several joint owners.
166. Bailee not responsible on re-delivery to bailor without title.
167. Right of third person claiming goods bailed.
168. Right of finder of goods.
May sue for specific reward offered.
169. When finder of thing commonly on sale may sell it.
170. Bailee’s particular lien.
171. General lien of bankers, factors, wharfingers, attorneys and policy-brokers.
_Bailments of pledges_
172. “Pledge”, “Pawnor” and “Pawnee” defined.
173. Pawnee’s right of retainer.
6
-----
SECTIONS
174. Pawnee not to retain for debt or promise other than that for which goods pledged.
Presumption in case of subsequent advances.
175. Pawnee’s right as to extraordinary expenses incurred.
176. Pawnee’s right where pawnor makes default.
177. Defaulting pawnor’s right to redeem.
178. Pledge by mercantile agent.
178A. Pledge by person in possession under voidable contract.
179. Pledge where pawnor has only a limited interest.
_Suits by bailees or bailors against wrong-doers_
180. Suit by bailor or bailee against wrong-doer.
181. Apportionment of relief or compensation obtained by such suits.
CHAPTER X
AGENCY
_Appointment and authority of agents_
182. “Agent” and “principal” defined.
183. Who may employ agent.
184. Who may be an agent.
185. Consideration not necessary.
186. Agent’s authority may be expressed or implied.
187. Definitions of express and implied authority.
188. Extent of agent’s authority.
189. Agent’s authority in an emergency.
_Sub-agents_
190. When agent cannot delegate.
191. “Sub-agent” defined.
192. Representation of principal by sub-agent properly appointed.
Agent’s responsibility for sub-agent.
Sub-agent’s responsibility.
193. Agent’s responsibility for sub-agent appointed without authority.
194. Relation between principal and person duly appointed by agent to act in business of agency.
195. Agent’s duty in naming such person.
_Ratification_
196. Right of person as to acts done for him without his authority.
Effect of ratification.
197. Ratification may be expressed or implied.
198. Knowledge requisite for valid ratification.
199. Effect of ratifying unauthorized act forming part of a transaction.
200. Ratification of unauthorized act cannot injure third person.
7
-----
_Revocation of authority_
SECTIONS
201. Termination of agency.
202. Termination of agency, where agent has an interest in subject-matter.
203. When principal may revoke agent’s authority.
204. Revocation where authority has been partly exercised.
205. Compensation for revocation by principal, or renunciation by agent.
206. Notice of revocation or renunciation.
207. Revocation and renunciation may be expressed or implied.
208. When termination of agent’s authority takes effect as to agent, and as to third persons.
209. Agent’s duty on termination of agency by principal’s death or insanity.
210. Termination of sub-agent’s authority.
_Agent’s duty to principal_
211. Agent’s duty in conducting principal’s business.
212. Skill and diligence required from agent.
213. Agent’s accounts.
214. Agent’s duty to communicate with principal.
215. Right of principal when agent deals, on his own account, in business of agency without
principal’s consent.
216. Principal’s right to benefit gained by agent dealing on his own account in business of agency.
217. Agent’s right of retainer out of sums received on principal’s account.
218. Agent’s duty to pay sums received for principal.
219. When agent’s remuneration becomes due.
220. Agent not entitled to remuneration for business misconducted.
221. Agent’s lien on principal’s property.
_Principal’s duty to agent_
222. Agent to be indemnified against consequences of lawful acts.
223. Agent to be indemnified against consequences of acts done in good faith.
224. Non-liability of employer of agent to do a criminal act.
225. Compensation to agent for injury caused by principal’s neglect.
_Effect of agency on contracts with third persons_
226. Enforcement and consequences of agent’s contracts.
227. Principal how far bound, when agent exceeds authority.
228. Principal not bound when excess of agent’s authority is not separable.
229. Consequences of notice given to agent.
230. Agent cannot personally enforce, nor be bound by, contracts on behalf of principal.
Presumption of contract to contrary.
231. Rights of parties to a contract made by agent not disclosed.
232. Performance of contract with agent supposed to be principal.
233. Right of person dealing with agent personally liable.
8
-----
SECTIONS
234. Consequence of inducing agent or principal to act on belief that principal or agent will be held
exclusively liable.
235. Liability of pretended agent.
236. Person falsely contracting as agent not entitled to performance.
237. Liability of principal inducing belief that agent’s unauthorized acts were authorized.
238. Effect, on agreement, of misrepresentation or fraud by agent.
CHAPTER XI
OF PARTNERSHIP
239. [Repealed.].
240. [Repealed.].
241. [Repealed.].
242. [Repealed.].
243. [Repealed.].
244. [Repealed.].
245. [Repealed.].
246. [Repealed.].
247. [Repealed.].
248. [Repealed.].
249. [Repealed.].
250. [Repealed.].
251. [Repealed.].
252. [Repealed.].
253. [Repealed.].
254. [Repealed.].
255. [Repealed.].
256. [Repealed.].
257. [Repealed.].
258. [Repealed.].
259. [Repealed.].
260. [Repealed.].
261. [Repealed.].
262. [Repealed.].
263. [Repealed.].
264. [Repealed.].
265. [Repealed.].
266. [Repealed.].
# SCHEDULE—[Repealed.]
9
-----
# THE INDIAN CONTRACT ACT, 1872
ACT NO. 9 OF 1872[1]
[25th April, 1872.]
**Preamble—WHEREAS it is expedient to define and amend certain parts of the law relating to**
contracts;
It is hereby enacted as follows:—
PRELIMINARY
**1. Short title.—This Act may be called the Indian Contract Act, 1872.**
**Extent, Commencement.—It extends to the whole of India [2][ [3]***]; and it shall come into force on**
the first day of September, 1872.
**Saving—[4]*** Nothing herein contained shall affect the provisions of any Statute, Act or Regulation**
not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not
inconsistent with the provisions of this Act.
**2. Interpretation-clause.—In this Act the following words and expressions are used in the following**
senses, unless a contrary intention appears from the context:—
(a) When one person signifies to another his willingness to do or to abstain from doing anything,
with a view to obtaining the assent of that other to such act or abstinence, he is said to make a
proposal;
1. For the Statement of Objects and Reasons for the Bill which was based on a a report of Her Majesty’s Commissioners
appointed to prepare a body of substantive law for India, dated 6th July, 1866, see Gazette of India, 1867 Extraordinary, p. 34; for
the Report of the Select Committee, see ibid., Extraordinary, dated 28th March, 1872; for discussions in Council, see ibid., 1867,
Supplement, p. 1064; ibid., 1871, p. 313, and ibid., 1872, p. 527. It has been amended in C.P. by C.P. Act 1 of 1915 and in C.P.
and Berar by C.P. and Berar Act 15 of 1938.
The Chapters and sections of the Transfer of Property Act, 1882 (4 of 1882), which relate to contracts are, in places in which
that Act is in force, to be taken as part of this Act—see Act 4 of 1882, s. 4.
This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) to Dadra and Nagar Haveli by Reg. 6 of 1963,
s. 2 and Sch. I to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch., (w.e.f. 1-10-1965) to Laccadive, Minicoy and
Amindivi Islands by
Reg. 8 of 1965, s. 3 and Sch., to Pondicherry by Act 26 of 1968, s. 3 and Sch. and has been declared to be in force in—
the Sonthal Parganas—see Sonthal Parganas Settlement Regulation, 1872 (3 of 1872), s. 3, as amended by the Sonthal
Parganas Justice and Laws Regulation, 1899 (3 of 1899), s. 3.
Panth Piploda—see the Panth Piploda Law Regulation, 1929 (1 of 1929), s. 2.
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 Tarai of the Province of Agra—see Gazette of India, 1876, Pt. I, p. 505;
the Districts of Hazari bagh, Lohardaga and Manbhum, and Pargana Dhalbhum and the Kolhan in the District of Singhbhum—
_see Gazette of India, 1881, pt. I, p. 504.—The District of Lohardaga included at this time the present District of Palamau which_
was separated in 1894. The District of Lohardaga is now called the Ranchi District—see Calcutta Gazette, 1899, pt. I, p. 44.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “except Part B States.”
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. The words “The enactments mentioned in the Schedule hereto are repealed to the extent specified in the third column thereof,
but” rep. by Act 10 of 1914, s. 3 and the Second Schedule.
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(b) When the person to whom the proposal is made signifies his assent thereto, the proposal is
said to be accepted. A proposal, when accepted, becomes a promise;
(c) The person making the proposal is called the “promisor”, and the person accepting the
proposal is called the “promisee”;
(d) When, at the desire of the promisor, the promisee or any other person has done or abstained
from doing, or does or abstains from doing, or promises to do or to abstain from doing, something,
such act or abstinence or promise is called a consideration for the promise;
(e) Every promise and every set of promises, forming the consideration for each other, is an
agreement;
(f) Promises which form the consideration or part of the consideration for each other are called
reciprocal promises;
(g) An agreement not enforceable by law is said to be void;
(h) An agreement enforceable by law is a contract;
(i) An agreement which is enforceable by law at the option of one or more of the parties thereto,
but not at the option of the other or others, is a voidable contract;
(j) A contract which ceases to be enforceable by law becomes void when it ceases to be
enforceable.
CHAPTER I
OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS
**3.Communication, acceptance and revocation of proposals.—The communication of proposals,**
the acceptance of proposals, and the revocation of proposals and acceptances, respectively, are deemed to
be made by any act or omission of the party proposing, accepting or revoking by which he intends to
communicate such proposal, acceptance or revocation, or which has the effect of communicating it.
**4. Communication when complete.—The communication of a proposal is complete when it comes**
to the knowledge of the person to whom it is made.
The communication of an acceptance is complete,—
as against the proposer, when it is put in a course of transmission to him, so as to be out of the
power of the acceptor;
as against the acceptor, when it comes to the knowledge of the proposer.
The communication of a revocation is complete,—
as against the person who makes it, when it is put into a course of transmission to the person to
whom it is made, so as to be out of the power of the person who makes it;
as against the person to whom it is made, when it comes to his knowledge.
_Illustrations_
(a) A proposes, by letter, to sell a house to B at a certain price.
The communication of the proposal is complete when B receives the letter.
(b) B accepts A’s proposal by a letter sent by post.
The communication of the acceptance is complete,
as against A when the letter is posted;
as against B, when the letter is received by A.
(c) A revokes his proposal by telegram.
The revocation is complete as against A when the telegram is despatched. It is complete as against B when B receives it.
B revokes his acceptance by telegram. B’s revocation is complete as against B when the telegram is despatched, and as
against A when it reaches him.
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**5. Revocation of proposals and acceptances.—A proposal may be revoked at any time before the**
communication of its acceptance is complete as against the proposer, but not afterwards.
An acceptance may be revoked at any time before the communication of the acceptance is complete
as against the acceptor, but not afterwards.
_Illustration_
A proposes, by a letter sent by post, to sell his house to B.
B accepts the proposal by a letter sent by post.
A may revoke his proposal at any time before or at the moment when B posts his letter of acceptance, but not afterwards.
B may revoke his acceptance at any time before or at the moment when the letter communicating it reaches A, but not
afterwards.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 5 of Act (9 of 1872).—In section 5 of Indian contract Act, 1872, hereinafter**
in this Chapter referred to as the principal Act, at the end of the first paragraph, the following explanation
shall inserted, namely:-
“Explanation—Where an invitation to a proposal contains a condition that any proposal made in
response to such invitation shall be kept open for a specified time and a proposal is thereupon made
accepting such condition, such proposal may not be revoked within such time.”
[Vide Uttar Pradesh Act, 57 of 1976, s. 2]
**6. Revocation how made.—A proposal is revoked—**
(1) by the communication of notice of revocation by the proposer to the other party;
(2) by the lapse of the time prescribed in such proposal for its acceptance, or, if no time is so
prescribed, by the lapse of a reasonable time, without communication of the acceptance;
(3) by the failure of the acceptor to fulfil a condition precedent to acceptance; or
(4) by the death or insanity of the proposer, if the fact of his death or insanity comes to the
knowledge of the acceptor before acceptance.
**7. Acceptance must be absolute.—In order to convert a proposal into a promise, the acceptance**
must—
(1) be absolute and unqualified;
(2) be expressed in some usual and reasonable manner, unless the proposal prescribes the manner
in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the
acceptance is not made in such manner, the proposer may, within a reasonable time after the
acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed
manner, and not otherwise; but if he fails to do so, he accepts the acceptance.
**8. Acceptance by performing conditions, or receiving consideration.—Performance of the**
conditions of a proposal, or the acceptance of any consideration for a reciprocal promise which may be
offered with a proposal, is an acceptance of the proposal.
**9. Promises, express and implied.—In so far as the proposal or acceptance of any promise is made**
in words, the promise is said to be express. In so far as such proposal or acceptance is made otherwise
than in words, the promise is said to be implied.
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CHAPTER II
OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS
**10. What agreements are contracts.—All agreements are contracts if they are made by the free**
consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not
hereby expressly declared to be void.
Nothing herein contained shall affect any law in force in [1][India] and not hereby expressly repealed
by which any contract is required to be made in writing[2] or in the presence of witnesses, or any law
relating to the registration of documents.
**11. Who are competent to contract.—Every person is competent to contract who is of the age of**
majority according to the law to which he is subject[3], and who is of sound mind, and is not disqualified
from contracting by any law to which he is subject.
**12. What is a sound mind for the purposes of contracting.—A person is said to be of sound mind**
for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it
and of forming a rational judgment as to its effect upon his interests.
A person who is usually of unsound mind, but occasionally of sound mind, may make a contract
when he is of sound mind.
A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract
when he is of unsound mind.
_Illustrations_
(a) A patient in a lunatic asylum, who is at intervals of sound mind, may contract during those intervals.
(b) A sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of a contract, or form a
rational judgment as to its effect on his interests, cannot contract whilst such delirium or drunkenness lasts.
**13. “Consent” defined.—Two or more persons are said to consent when they agree upon the same**
thing in the same sense.
**14. “Free consent” defined.—Consent is said to be free when it is not caused by—**
(1) coercion, as defined in section 15, or
(2) undue influence, as defined in section 16, or
(3) fraud, as defined in section 17, or
(4) misrepresentation, as defined in section 18, or
(5) mistake, subject to the provisions of sections 20, 21 and 22.
Consent is said to be so caused when it would not have been given but for the existence of such
coercion, undue influence, fraud, misrepresentation or mistake.
**15. “Coercion” defined.—“Coercion” is the committing, or threatening to commit, any act forbidden**
by the Indian Penal Code (45 of 1860)or the unlawful detaining, or threatening to detain, any property, to
the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and Part C States” which had been subs. by the A.O. 1950, for
“the Provinces”.
2. _See e.g., s. 25,_ _infra; the Copyright Act, 1957 (14 of 1957), s. 19; the Carriers Act, 1865 (3 of 1865) ss. 6 and 7;_
the Companies Act, 1956 (1 of 1956), ss. 12, 30, 46 and 109.
3. See the Indian Majority Act, 1875 (9 of 1875).
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_Explanation.—It is immaterial whether the Indian Penal Code (45 of 1860) is or is not in force in the_
place where the coercion is employed.
_Illustration_
A, on board an English ship on the high seas, causes B to enter into an agreement by an act amounting to criminal
intimidation under the Indian Penal Code (45 of 1860).
A afterwards sues B for breach of contract at Calcutta.
A has employed coercion, although his act is not an offence by the law of England, and although section 506 of the Indian
Penal Code (45 of 1860) was not in force at the time when or place where the act was done.
1[16.“Undue influence” defined.—(1) A contract is said to be induced by “undue influence” where
the relations subsisting between the parties are such that one of the parties is in a position to dominate the
will of the other and uses that position to obtain an unfair advantage over the other.
(2) In particular and without prejudice to the generality of the foregoing principle, a person is deemed
to be in a position to dominate the will of another—
(a) where he holds a real or apparent authority over the other, or where he stands in a fiduciary
relation to the other; or
(b) where he makes a contract with a person whose mental capacity is temporarily or permanently
affected by reason of age, illness, or mental or bodily distress.
(3) Where a person who is in a position to dominate the will of another, enters into a contract with
him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the
burden of proving that such contract was not induced by undue influence shall lie upon the person in a
position to dominate the will of the other.
Nothing in this sub-section shall affect the provisions of section 111 of the Indian Evidence Act, 1872
(1 of 1872).
_Illustrations_
(a) A having advanced money to his son, B, during his minority, upon B’s coming of age obtains, by misuse of parental influence, a bond
from B for a greater amount than the sum due in respect of the advance. A employs undue influence.
(b) A, a man enfeebled by disease or age, is induced, by B’s influence over him as his medical attendant, to agree to pay B an unreasonable
sum for his professional services. B employs undue influence.
(c) A, being in debt to B, the money-lender of his village, contracts a fresh loan on terms which appear to be unconscionable. It lies on B to
prove that the contract was not induced by undue influence.
(d) A applies to a banker for a loan at a time when there is stringency in the money market. The banker declines to make the loan except at
an unusually high rate of interest. A accepts the loan on these terms. This is a transaction in the ordinary course of business, and the contract is
not induced by undue influence.]
**17. “Fraud” defined.—“Fraud” means and includes any of the following acts committed by a party**
to a contract, or with his connivance, or by his agent[2], with intent to deceive another party thereto of his
agent, or to induce him to enter into the contract:—
(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
(2) the active concealment of a fact by one having knowledge or belief of the fact;
(3) a promise made without any intention of performing it;
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be fraudulent.
_Explanation.—Mere silence as to facts likely to affect the willingness of a person to enter into a_
contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the
duty of the person keeping silence to speak[3], or unless his silence is, in itself, equivalent to speech.
1. Subs. by Act 6 of 1899, s. 2, for the original s. 16.
2. Cf. s. 238, infra.
3. See s. 143, infra.
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_Illustrations_
(a) A sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse’s unsoundness.
This is not fraud in A.
(b) B is A’s daughter and has just come of age. Here, the relation between the parties would make it A’s duty to tell B if the
horse is unsound.
(c) B says to A—“If you do not deny it, I shall assume that the horse is sound.” A says nothing. Here, A’s silence is
equivalent to speech.
(d) A and B, being traders, enter upon a contract. A has private information of a change in prices which would affect B’s
willingness to proceed with the contract. A is not bound to inform B.
**18. “Misrepresentation” defined.—“Misrepresentation” means and includes—**
(1) the positive assertion, in a manner not warranted by the information of the person making it,
of that which is not true, though he believes it to be true;
(2) any breach of duty which, without an intent to deceive, gains an advantage to the person
committing it, or any one claiming under him; by misleading another to his prejudice, or to the
prejudice of any one claiming under him;
(3) causing, however innocently, a party to an agreement, to make a mistake as to the substance
of the thing which is the subject of the agreement.
**19. Voidability of agreements without free consent.—When consent to an agreement is caused by**
coercion,[1]*** fraud or misrepresentation, the agreement is a contract voidable at the option of the party
whose consent was so caused.
A party to a contract whose consent was caused by fraud or misrepresentation, may, if he thinks fit,
insist that the contract shall be performed, and that he shall be put in the position in which he would have
been if the representations made had been true.
_Exception.—If such consent was caused by misrepresentation or by silence, fraudulent within the_
meaning of section 17, the contract, nevertheless, is not voidable, if the party whose consent was so
caused had the means of discovering the truth with ordinary diligence.
_Explanation.—A fraud or misrepresentation which did not cause the consent to a contract of the party_
on whom such fraud was practised, or to whom such misrepresentation was made, does not render a
contract voidable.
_Illustrations_
(a) A, intending to deceive B, falsely represents that five hundred maunds of indigo are made annually at A’s factory, and
thereby induces B to buy the factory. The contract is voidable at the option of B.
(b) A, by a misrepresentation, leads B erroneously to believe that, five hundred maunds of indigo are made annually at A’s
factory. B examines the accounts of the factory, which show that only four hundred maunds of indigo have been made. After this
B buys the factory. The contract is not voidable on account of A’s misrepresentation.
(c) A fraudulently informs B that A’s estate is free from in cumbrance. B thereupon buys the estate. The estate is subject to a
mortgage. B may either avoid the contract, or may insist on its being carried out and the mortgage debt redeemed.
(d) B, having discovered a vein of ore on the estate of A, adopts means to conceal, and does conceal, the existence of the ore
from A. Through A’s ignorance B is enabled to buy the estate at an under-value. The contract is voidable at the option of A.
(e) A is entitled to succeed to an estate at the death of B; B dies: C, having received intelligence of B’s death, prevents the
intelligence reaching A, and thus induces A to sell him his interest in the estate. The sale is voidable at the option of A.
2[19A. Power to set aside contract induced by undue influence.—When consent to an agreement is
caused by undue influence, the agreement is a contract voidable at the option of the party whose consent
was so caused.
1. The words “undue influence” rep. by Act 6 of 1899, s. 3.
2. Ins. by Act 6 of 1899, s. 3.
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Any such contract may be set aside either absolutely or, if the party who was entitled to avoid it has
received any benefit thereunder, upon such terms and conditions as to the Court may seem just.
_Illustrations_
(a) A’s son has forged B’s name to a promissory note. B under threat of prosecuting A’s son, obtains a bond from A for the
amount of the forged note. If B sues on this bond, the Court may set the bond aside.
(b) A, a money-lender, advances Rs. 100 to B, an agriculturist, and, by undue influence, induces B to execute a bond for
Rs. 200 with interest at 6 per cent. per month. The Court may set the bond aside, ordering B to repay the Rs. 100 with such
interest as may seem just.]
**20.Agreement void where both parties are under mistake as to matter of fact.—Where both the**
parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement
is void.
_Explanation.—An erroneous opinion as to the value of the thing which forms the subject-matter of_
the agreement, is not to be deemed a mistake as to a matter of fact.
_Illustrations_
(a) A agrees to sell to B a specific cargo of goods supposed to be on its way from England to Bombay. It turns out that,
before the day of the bargain, the ship conveying the cargo had been cast away and the goods lost. Neither party was aware of the
these facts. The agreement is void.
(b) A agrees to buy from B a certain horse. It turns out that the horse was dead at the time of the bargain, though neither
party was aware of the fact. The agreement is void.
(c) A, being entitled to an estate for the life of B, agrees to sell it to C. B was dead at the time of the agreement, but both
parties were ignorant of the fact. The agreement is void.
**21. Effect of mistakes as to law.—A contract is not voidable because it was caused by a mistake as**
to any law in force in [1][India]; but a mistake as to a law not in force in [1][India] has the same effect as a
mistake of fact.
2* - - -
_Illustration_
A and B make a contract grounded on the erroneous belief that a particular debt is barred by the Indian Law of Limitation:
the contract is not voidable.
3* - - -
**22. Contract caused by mistake of one party as to matter of fact.—A contract is not voidable**
merely because it was caused by one of the parties to it being under a mistake as to a matter of fact.
**23. What considerations and objects are lawful, and what not.—The consideration or object of an**
agreement is lawful, unless—
it is forbidden by law[4]; or
is of such a nature that if permitted, it would defeat the provisions of any law; or
is fraudulent ; or
involves or implies injury to the person or property of another; or
the Court regards it as immoral, or opposed to public policy.
1. The original words ‘British India” have successively been amended by the A.O. 1948 and the A.O. 1950 to read as above.
2. Paragraph 2, ins. by the A.O. 1937, and as amended by the A. O. 1948 was Rep. by the A. O. 1950.
3. The second Illustration to s. 21 rep. by Act 24 of 1917, s. 3 and the Second Schedule.
4. See ss. 26, 27, 28 and 30, infra.
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In each of these cases, the consideration or object of an agreement is said to be unlawful. Every
agreement of which the object or consideration is unlawful is void.
_Illustrations_
(a) A agrees to sell his house to B for 10,000 rupees. Here B’s promise to pay the sum of 10,000 rupees is the consideration
for A’s promise to sell the house, and A’s promise to sell the house is the consideration for B’s promise to pay the 10,000 rupees.
These are lawful considerations.
(b) A promises to pay B 1,000 rupees at the end of six months, if C, who owes that sum to B, fails to pay it. B promises to
grant time to C accordingly. Here, the promise of each party is the consideration for the promise of the other party, and they are
lawful considerations.
(c) A promises, for a certain sum paid to him by B, to make good to B the value of his ship if it is wrecked on a certain
voyage. Here, A’s promise is the consideration for B’s payment and B’s payment is the consideration for A’s promise and these
are lawful considerations.
(d) A promises to maintain B’s child, and B promises to pay A 1,000 rupees yearly for the purpose. Here, the promise of
each party is the consideration for the promise of the other party. They are lawful considerations.
(e) A, B and C enter into an agreement for the division among them of gains acquired or to be acquired, by them by fraud.
The agreement is void, as its object is unlawful.
(f) A promises to obtain for B an employment in the public service and B promises to pay 1,000 rupees to A. The agreement
is void, as the consideration for it is unlawful.
(g) A, being agent for a landed proprietor, agrees for money, without the knowledge of his principal, to obtain for B a lease
of land belonging to his principal. The agreement between A and B is void, as it implies a fraud by concealment, by A, on his
principal.
(h) A promises B to drop a prosecution which he has instituted against B for robbery, and B promises to restore the value of
the things taken. The agreement is void, as its object is unlawful.
(i) A’s estate is sold for arrears of revenue under the provisions of an Act of the Legislature, by which the defaulter is
prohibited from purchasing the estate. B, upon an understanding with A, becomes the purchaser, and agrees to convey the estate
to A upon receiving from him the price which B has paid. The agreement is void, as it renders the transaction, in effect, a
purchase by the defaulter, and would so defeat the object of the law.
(j) A, who is B’s mukhtar, promises to exercise his influence, as such, with B in favour of C, and C promises to pay 1,000
rupees to A. The agreement is void, because it is immoral.
(k) A agrees to let her daughter to hire to B for concubinage. The agreement is void, because it is immoral, though the letting
may not be punishable under the Indian Penal Code (45 of 1860).
_Void agreements_
**24.Agreements void, if considerations and objects unlawful in part.—If any part of a single**
consideration for one or more objects, or any one or any part of any one of several considerations for a
single object, is unlawful, the agreement is void.
_Illustration_
A promises to superintend, on behalf of B, a legal manufacture of indigo, and an illegal traffic in other articles. B promises
to pay to A a salary of 10,000 rupees a year. The agreement is void, the object of A’s promise, and the consideration for B’s
promise, being in part unlawful.
**25. Agreement without consideration, void, unless it is in writing and registered,or is a promise**
**to compensate for something done or is a promise to pay a debt barred by limitation law.—An**
agreement made without consideration is void, unless—
(1) it is expressed in writing and registered under the law for the time being in force for the
registration of [1][documents], and is made on account of natural love and affection between parties
standing in a near relation to each other ; or unless
(2) it is a promise to compensate, wholly or in part, a person who has already voluntarily done
something for the promisor, or something which the promisor was legally compellable to do; or
unless;
1. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, Pt. I, for “assurances”.
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(3) it is a promise, made in writing and signed by the person to be charged therewith, or by his
agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the
creditor might have enforced payment but for the law for the limitation of suits.
In any of these cases, such an agreement is a contract.
_Explanation 1.—Nothing in this section shall affect the validity, as between the donor and donee, of_
any gift actually made.
_Explanation 2.—An agreement to which the consent of the promisor is freely given is not void_
merely because the consideration is inadequate; but the inadequacy of the consideration may be taken into
account by the Court in determining the question whether the consent of the promisor was freely given.
_Illustrations_
(a) A promises, for no consideration, to give to B Rs. 1,000. This is a void agreement.
(b) A, for natural love and affection, promises to give his son, B, Rs. 1,000. A puts his promise to B into writing and registers it. This is a
contract.
(c) A finds B’s purse and gives it to him. B promises to give A Rs. 50. This is a contract.
(d) A supports B’s infant son. B promises to pay A’s expenses in so doing. This is a contract.
(e) A owes B Rs. 1,000, but the debt is barred by the Limitation Act. A signs a written promise to pay B Rs. 500 on account of the debt.
This is a contract.
(f) A agrees to sell a horse worth Rs. 1,000 for Rs. 10. A’s consent to the agreement was freely given. The agreement is a contract
notwithstanding the inadequacy of the consideration.
(g) A agrees to sell a horse worth Rs. 1,000 for Rs. 10. A denies that his consent to the agreement was freely given.
The inadequacy of the consideration is a fact which the Court should take into account in considering whether or not A’s consent was freely
given.
**26. Agreement in restraint of marriage, void.—Every agreement in restraint of the marriage of any**
person, other than a minor, is void.
**27. Agreement in restraint of trade, void.—Every agreement by which any one is restrained from**
exercising a lawful profession, trade or business of any kind, is to that extent void.
_Exception_ 1.—Saving of agreement not to carry on business of which good-will is sold.—One
who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar
business, within specified local limits, so long as the buyer, or any person deriving title to the good-will
from him, carries on a like business therein, provided that such limits appear to the Court reasonable,
regard being had to the nature of the business.
1* - - - *.
**28.Agreements in restraint of legal proceedings, void.—[2][Every agreement,—**
(a) by which any party thereto is restricted absolutely from enforcing his rights under or in
respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the
time within which he may thus enforce his rights; or
(b) which extinguishes the rights of any party thereto, or discharges any party thereto, from any
liability, under or in respect of any contract on the expiry of a specified period so as to restrict any
party from enforcing his rights,
is void to the extent.]
_Exception 1.—Saving of contract to refer to arbitration dispute that may arise.—This section_
shall not render illegal a contract, by which two or more persons agree that any dispute which may arise
between them in respect of any subject or class of subjects shall be referred to arbitration, and that only
the amount awarded in such arbitration shall be recoverable in respect of the dispute so referred.
3*****
_Exception 2.—Saving of contract to refer questions that have already arisen.—Nor shall this_
section render illegal any contract in writing, by which two or more persons agree to refer to arbitration
any question between them which has already arisen, or affect any provision of any law in force for the
time being as to references to arbitration[4].
1. Exceptions 2 and 3 rep. by Act 9 of 1932, s. 73 and the Second Schedule.
2. Subs. by Act 1 of 1997, s. 2, for certain words (w.e.f. 8-1-1997).
3. The second clause of Exception 1 to section 28 rep. by Act 1 of 1877, s. 2 and Sch.
4. Cf. the Arbitration Act, 1940 (10 of 1940) and the Companies Act, 1956 (1 of 1956), s. 389.
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1[Exception 3.—Saving of a guarantee agreement of a bank or a financial institution.—This
section shall not render illegal a contract in writing by which any bank or financial institution stipulate a
term in a guarantee or any agreement making a provision for guarantee for extinguishment of the rights or
discharge of any party thereto from any liability under or in respect of such guarantee or agreement on the
expiry of a specified period which is not less than one year from the date of occurring or non-occurring of
a specified event for extinguishment or discharge of such party from the said liability.
_Explanation.—(i) In Exception 3, the expression “bank” means—_
(a) a “banking company” as defined in clause (c) of section 5 of the Banking Regulation
Act, 1949(10 of 1949);
(b) “a corresponding new bank” as defined in clause (da) of section 5 of the Banking Regulation
Act, 1949(10 of 1949);
(c) “State Bank of India” constituted under section 3 of the State Bank of India Act, 1955
(23 of 1955);
(d) “a subsidiary bank” as defined in clause (k) of section 2 of the State Bank of India (Subsidiary
Banks) Act, 1959(38 of 1959);
(e) “a Regional Rural Bank” established under section 3 of the Regional Rural Banks
Act, 1976(21 of 1976);
(f) “a Co-operative Bank” as defined in clause (cci) of section 5 of the Banking Regulation
Act, 1949(10 of 1949);
(g) “a multi-State co-operative bank” as defined in clause (cciiia) of section 5 of the Banking
Regulation Act, 1949(10 of 1949); and
(ii) In _Exception 3, the expression “a financial institution” means any public financial institution_
within the meaning of section 4A of the Companies Act, 1956(1 of 1956).]
**29. Agreements void for uncertainty.—Agreements, the meaning of which is not certain, or capable**
of being made certain, are void.
_Illustrations_
(a) A agrees to sell to B “a hundred tons of oil”. There is nothing whatever to show what kind of oil was intended. The
agreement is void for uncertainty.
(b) A agrees to sell to B one hundred tons of oil of a specified description, known as an article of commerce. There is no
uncertainty here to make the agreement void.
(c) A, who is a dealer in cocoanut-oil only, agrees to sell to B “one hundred tons of oil”. The nature of A’s trade affords an
indication of the meaning of the words, and A has entered into a contract for the sale of one hundred tons of cocoanut-oil.
(d) A agrees to sell to B “all the grain in my granary at Ramnagar”. There is no uncertainty here to make the agreement void.
(e) A agrees to sell B “one thousand maunds of rice at a price to be fixed by C”. As the price is capable of being made
certain, there is no uncertainty here to make the agreement void.
(f) A agrees to sell to B “my white horse for rupees five hundred or rupees one thousand”. There is nothing to show which of
the two prices was to be given. The agreement is void.
**30. Agreements by way of wager void.—Agreements by way of wager are void; and no suit shall be**
brought for recovering anything alleged to be won on any wager, or entrusted to any person to abide the
result of any game or other uncertain event on which any wager is made.
1. Ins. by Act 4 of 2013, s. 17 and the Schedule (w.e.f. 18-1-2013).
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**Exception in favour of certain prizes for horse-racing.—This section shall not be deemed to**
render unlawful a subscription or contribution, or agreement to subscribe or contribute, made or entered
into for or toward any plate, prize or sum of money, of the value or amount of five hundred rupees or
upwards, to be awarded to the winner or winners of any horse-race.
**Section 294A of the Indian Penal Code not affected.—Nothing in this section shall be deemed to**
legalize any transaction connected with horse-racing, to which the provisions of section 294A of the
Indian Penal Code (45 of 1860) apply.
CHAPTER III
OF CONTINGENT CONTRACTS
**31. “Contingent contract” defined.—A “contingent contract is a contract to do or not to do**
something, if some event, collateral to such contract, does or does not happen.
_Illustration_
A contracts to pay B Rs. 10,000 if B’s house is burnt. This is a contingent contract.
**32. Enforcement of contracts contingent on an event happening.—Contingent contracts to do or**
not to do anything if an uncertain future event happens cannot be enforced by law unless and until that
event has happened.
If the event becomes impossible, such contracts become void.
_Illustrations_
(a) A makes a contract with B to buy B’s horse if A survives C. This contract cannot be enforced by law unless and until C
dies in A’s lifetime.
(b) A makes a contract with B to sell a horse to B at a specified price, if C, to whom the horse has been offered, refuses to
buy him. The contract cannot be enforced by law unless and until C refuses to buy the horse.
(c) A contracts to pay B a sum of money when B marries C. C dies without being married to B. The contract becomes void.
**33. Enforcement of contracts contingent on an event not happening.—Contingent contracts to do**
or not to do anything if an uncertain future event does not happen can be enforced when the happening of
that event becomes impossible, and not before.
_Illustration_
A agrees to pay B a sum of money if a certain ship does not return. The ship is sunk. The contract can be enforced when the
ship sinks.
**34.When event on which contract is contingent to be deemed impossible, if it is the future**
**conduct of a living person.—If the future event on which a contract is contingent is the way in which a**
person will act at an unspecified time, the event shall be considered to become impossible when such
person does anything which renders it impossible that he should so act within any definite time, or
otherwise than under further contingencies.
_Illustration_
A agrees to pay B a sum of money if B marries C. C marries D. The marriage of B to C must now be considered impossible,
although it is possible that D may die and that C may afterwards marry B.
**35.When contracts become void which are contingent on happening of specified event within**
**fixed time.—Contingent contracts to do or not to do anything if a specified uncertain event happens**
within a fixed time become void if, at the expiration of the time fixed, such event has not happened, or if,
before the time fixed, such event becomes impossible.
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**When contracts may be enforced, which are contingent on specified event not happening within**
**fixed time.—Contingent contracts to do or not to do anything, if a specified uncertain event does not**
happen within a fixed time may be enforced by law when the time fixed has expired and such event has
not happened or, before the time fixed has expired, if it becomes certain that such event will not happen.
_Illustrations_
(a) A promises to pay B a sum of money if a certain ship returns within a year. The contract may be enforced if the ship
returns within the year, and becomes void if the ship is burnt within the year.
(b) A promises to pay B a sum of money if a certain ship does not return within a year. The contract may be enforced if the
ship does not return within the year, or is burnt within the year.
**36. Agreement contingent on impossible events void.—Contingent agreements to do or not to do**
anything, if an impossible event happens, are void, whether the impossibility of the event is known or not
to the parties to the agreement at the time when it is made.
_Illustrations_
(a) A agrees to pay B 1,000 rupees if two straight lines should enclose a space. The agreement is void.
(b) A agrees to pay B 1,000 rupees if B will marry A’s daughter C. C was dead at the time of the agreement. The agreement
is void.
CHAPTER IV
OF THE PERFORMANCE OF CONTRACTS
_Contracts which must be performed_
**37. Obligation of parties to contracts.—The parties to a contract must either perform, or offer to**
perform, their respective promises, unless such performance is dispensed with or excused under the
provisions of this Act, or of any other law.
Promises bind the representatives of the promisors in case of the death of such promisors before
performance, unless a contrary intention appears from the contract.
_Illustrations_
(a) A promises to deliver goods to B on a certain day on payment of Rs. 1,000. A dies before that day. A’s representatives
are bound to deliver the goods to B, and B is bound to pay the Rs. 1,000 to A’s representatives.
(b) A promises to paint a picture for B by a certain day, at a certain price. A dies before the day. The contract cannot be
enforced either by A’s representatives or by B.
**38. Effect of refusal to accept offer of performance.—Where a promisor has made an offer of**
performance to the promisee, and the offer has not been accepted, the promisor is not responsible for
non-performance, nor does he thereby lose his rights under the contract.
Every such offer must fulfil the following conditions:—
(1) it must be unconditional;
(2) it must be made at a proper time and place, and under such circumstances that the person to
whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is made is
able and willing there and then to do the whole of what he is bound by his promise to do;
(3) if the offer is an offer to deliver anything to the promisee, the promisee must have a
reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound by his
promise to deliver.
An offer to one of several joint promisees has the same legal consequences as an offer to all of them.
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_Illustration_
A contracts to deliver to B at his warehouse, on the 1st March, 1873, 100 bales of cotton of a particular quality. In order to
make an offer of a performance with the effect stated in this section, A must bring the cotton to B’s warehouse, on the appointed
day, under such circumstances that B may have areasonable opportunity of satisfying himself that the thing offered is cotton of
the quality contracted for, and that there are 100 bales.
**39. Effect of refusal of party to perform promise wholly.—When a party to a contract has refused**
to perform, or disabled himself from performing, his promise in its entirety, the promisee may put an end
to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance.
_Illustrations_
(a) A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre two nights in every week during
the next two months, and B engages to pay her 100 rupees for each night’s performance. On the sixth night A wilfully absents
herself from the theatre. B is at liberty to put an end to the contract.
(b) A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre two night’s in every week during
the next two months, and B engages to pay her at the rate of 100 rupees for each night. On the sixth night, A wilfully absents
herself. With the assent of B, A sings on the seventh night. B has signified his acquiescence in the continuance of the contract,
and cannot now put an end to it, but is entitled to compensation for the damage sustained by him through A’s failure to sing on
the sixth night.
_By whom contracts must be performed_
**40.Person by whom promise is to be performed.—If it appears from the nature of the case that it**
was the intention of the parties to any contract that any promise contained in it should be performed by
the promisor himself, such promise must be performed by the promisor. In other cases, the promisor or
his representatives may employ a competent person to perform it.
_Illustrations_
(a) A promises to pay B a sum of money. A may perform this promise, either by personally paying the money to B or by
causing it to be paid to B by another ; and, if A dies before the time appointed for payment, his representatives must perform the
promise, or employ some proper person to do so.
(b) A promises to paint a picture for B. A must perform this promise personally.
**41. Effect of accepting performance from third person.—When a promisee accepts performance**
of the promise from a third person, he cannot afterwards enforce it against the promisor.
**42. Devolution of joint liabilities.—When two or more persons have made a joint promise, then,**
unless a contrary intention appears by the contract, all such persons, during their joint lives, and, after the
death of any of them, his representative jointly with the survivor or survivors, and, after the death of the
last survivor, the representatives of all jointly, must fulfil the promise.
**43.Any one of joint promisors may be compelled to perform.—When two or more persons make a**
joint promise, the promisee may, in the absence of express agreement to the contrary, compel any [1][one or
more] of such joint promisors to perform the whole of the promise.
**Each promisor may compel contribution.—Each of two or more joint promisors may compel every**
other joint promisor to contribute equally with himself to the performance of the promise, unless a
contrary intention appears from the contract.
**Sharing of loss by default in contribution.—If any one of two or more joint promisors makes**
default in such contribution, the remaining joint promisors must bear the loss arising from such default in
equal shares.
1. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, Pt. I, for “one”.
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_Explanation.—Nothing in this section shall prevent a surety from recovering from his principal,_
payments made by the surety on behalf of the principal, or entitle the principal to recover anything from
the surety on account of payments made by the principal.
_Illustrations_
(a) A, B and C jointly promise to pay D 3,000 rupees. D may compel either A or B or C to pay him 3,000 rupees.
(b) A, B and C jointly promise to pay D the sum of 3,000 rupees. C is compelled to pay the whole. A is insolvent, but his
assets are sufficient to pay one-half of his debts. C is entitled to receive 500 rupees from A’s estate, and 1,250 rupees from B.
(c) A, B and C are under a joint promise to pay D 3,000 rupees. C is unable to pay anything, and A is compelled to pay the
whole. A is entitled to receive 1,500 rupees from B.
(d) A, B and C are under a joint promise to pay D 3,000 rupees, A and B being only sureties for C. C fails to pay. A and B
are compelled to pay the whole sum. They are entitled to recover it from C.
**44.Effect of release of one joint promisor.—Where two or more persons have made a joint promise,**
a release of one of such joint promisors by the promisee does not discharge the other joint promisor or
joint promisors; neither does it free the joint promisors so released from responsibility to the other joint
promisor or joint promisors.[1]
**45. Devolution of joint rights.—When a person has made a promise to two or more persons jointly,**
then, unless a contrary intention appears from the contract, the right to claim performance rests, as
between him and them, with them during their joint lives, and, after the death of any of them, with the
representative of such deceased person jointly with the survivor or survivors, and, after the death of the
last survivor, with the representatives of all jointly.[2]
_Illustration_
A, in consideration of 5,000 rupees, lent to him by B and C, promises B and C jointly to repay them that sum with interest
on a day specified. B dies. The right to claim performance rests with B’s representative jointly with C during C’s life, and after
the death of C with the representatives of B and C jointly.
_Time and place for performance_
**46. Time for performance of promise, when no application is to be made and no time is**
**specified.—Where, by the contract, a promisor is to perform his promise without application by the**
promisee, and no time for performance is specified, the engagement must be performed within a
reasonable time.
_Explanation.—The question “what is a reasonable time” is, in each particular case, a question of fact._
**47.Time and place for performance of promise, where time is specified and no application to be**
**made.—When a promise is to be performed on a certain day, and the promisor has undertaken to perform**
it without application by the promisee, the promisor may perform it at any time during the usual hours of
business on such day and at the place at which the promise ought to be performed.
_Illustration_
A promises to deliver goods at B’s warehouse on the first January. On that day A brings the goods to B’s warehouse, but
after the usual hour for closing it, and they are not received. A has not performed his promise.
**48. Application for performance on certain day to be at proper time and place.—When a**
promise is to be performed on a certain day, and the promisor has not undertaken to perform it without
application by the promisee, it is the duty of the promisee to apply for performance at a proper place and
within the usual hours of business.
1. See s. 138, infra.
2. For an Exception to s. 45 in case of Government securities, see the Public Debt Act, 1944 (18 of 1944), s. 8.
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_Explanation.—The question “what is a proper time and place” is, in each particular case, a question_
of fact.
**49. Place for performance of promise, where no application to be made and no place fixed for**
**performance.—When a promise is to be performed without application by the promisee, and no place is**
fixed for the performance of it, it is the duty of the promisor to apply to the promisee to appoint a
reasonable place for the performance of the promise, and to perform it at such place.
_Illustration_
A undertakes to deliver a thousand maunds of jute to B on a fixed day. A must apply to B to appoint a reasonable place for
the purpose of receiving it, and must deliver it to him at such place.
**50. Performance in manner or at time prescribed or sanctioned by promisee.—The performance**
of any promise may be made in any manner, or at any time which the promisee prescribes or sanctions.
_Illustrations_
(a) B owes A 2,000 rupees. A desires B to pay the amount to A’s account with C, a banker. B, who also banks with C,
orders the amount to be transferred from his account to A’s credit, and this is done by C. Afterwards, and before A knows of the
transfer, C fails. There has been a good payment by B.
(b) A and B are mutually indebted. A and B settle an account by setting off one item against another, and B pays A the
balance found to be due from him upon such settlement. This amounts to a payment by A and B, respectively, of the sums which
they owed to each other.
(c) A owes B 2,000 rupees. B accepts some of A’s goods in reduction of the debt. The delivery of goods operates as a part
payment.
(d) A desires B, who owes him Rs. 100, to send him a note for Rs. 100 by post. The debt is discharged as soon as B puts into
the post a letter containing the note duly addressed to A.
_Performance of reciprocal promises_
**51.Promisor not bound to perform, unless reciprocal promisee ready and willing to**
**perform.—When a contract consists of reciprocal promises to be simultaneously performed, no promisor**
need perform his promise unless the promisee is ready and willing to perform his reciprocal promise.
_Illustrations_
(a) A and B contract that A shall deliver goods to B to be paid for by B on delivery.
A need not deliver the goods, unless B is ready and willing to pay for the goods on delivery.
B need not pay for the goods, unless A is ready and willing to deliver them on payment.
(b) A and B contract that A shall deliver goods to B at a price to be paid by instalments, the first instalment to be paid on
delivery.
A need not deliver, unless B is ready and willing to pay the first instalment on delivery.
B need not pay the first instalment, unless A is ready and willing to deliver the goods on payment of the first instalment.
**52.Order of performance of reciprocal promises.—Where the order in which reciprocal promises**
are to be performed is expressly fixed by the contract, they shall be performed in that order; and where the
order is not expressly fixed by the contract, they shall be performed in that order which the nature of the
transaction requires.
_Illustrations_
(a) A and B contract that A shall build a house for B at a fixed price. A’s promise to build the house must be performed
before B’s promise to pay for it.
(b) A and B contract that A shall make over his stock-in-trade to B at a fixed price, and B promises to give security for the
payment of the money. A’s promise need not be performed until the security is given, for the nature of the transaction requires
that A should have security before he delivers up his stock.
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**53. Liability of party preventing event on which the contract is to take effect.—When a contract**
contains reciprocal promises, and one party to the contract prevents the other from performing his
promise, the contract becomes voidable at the option of the party so prevented; and he is entitled to
compensation [1]from the other party for any loss which he may sustain in consequence of the nonperformance of the contract.
_Illustration_
A and B contract that B shall execute certain work for A for a thousand rupees. B is ready and willing to execute the work
accordingly, but A prevents him from doing so. The contract is voidable at the option of B; and, if he elects to rescind it, he is
entitled to recover from A compensation for any loss which he has incurred by its non-performance.
**54. Effect of default as to that promise which should be first performed, in contract consisting**
**of reciprocal promises.—When a contract consists of reciprocal promises, such that one of them cannot**
be performed, or that its performance cannot be claimed till the other has been performed, and the
promisor of the promise last mentioned fails to perform it, such promisor cannot claim the performance of
the reciprocal promise, and must make compensation to the other party to the contract for any loss which
such other party may sustain by the non-performance of the contract.
_Illustrations_
(a) A hires B’s ship to take in and convey, from Calcutta to the Mauritius, a cargo to be provided by A, B receiving a certain
freight for its conveyance. A does not provide any cargo for the ship. A cannot claim the performance of B’s promise, and must
make compensation to B for the loss which B sustains by the non-performance of the contract.
(b) A contracts with B to execute certain builder’s work for a fixed price, B supplying the scaffolding and timber necessary
for the work. B refuses to furnish any scaffolding or timber, and the work cannot be executed. A need not execute the work, and
B is bound to make compensation to A for any loss caused to him by the non-performance of the contract.
(c) A contracts with B to deliver to him, at a specified price, certain merchandise on board a ship which cannot arrive for a
month, and B engages to pay for the merchandise within a week from the date of the contract. B does not pay within the week.
A’s promise to deliver need not be performed, and B must make compensation.
(d) A promises B to sell him one hundred bales of merchandise, to be delivered next day, and B promises A to pay for them
within a month. A does not deliver according to his promise. B’s promise to pay need not be performed, and A must make
compensation.
**55. Effect of failure to perform at fixed time, in contract in which time is essential.—When a**
party to a contract promises to do a certain thing at or before a specified time, or certain things at or
before specified times, and fails to do any such thing at or before the specified time, the contract, or so
much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of
the parties was that time should be of the essence of the contract.
**Effect of such failure when time is not essential.—If it was not the intention of the parties that time**
should be of the essence of the contract, the contract does not become voidable by the failure to do such
thing at or before the specified time; but the promisee is entitled to compensation from the promisor for
any loss occasioned to him by such failure.
**Effect of acceptance of performance at time other than that agreed upon.—If, in case of a**
contract voidable on account of the promisor’s failure to perform his promise at the time agreed, the
promisee accepts performance of such promise at any time other than that agreed, the promisee cannot
claim compensation for any loss occasioned by the non-performance of the promise at the time agreed,
unless, at the time of such acceptance, he gives notice to the promisor of his intention to do so.[2]
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 55.—In section 55 of the Principal Act, in the third paragraph, for the words**
“unless at the time of such acceptance he gives notice to the promiser of his intention to do so”, the words
“where at the time of such acceptance he has waived his right to do so” shall be substituted.”
[Vide Uttar Pradesh 57 of 1976, s. 26]
1. See s. 73, infra.
2. C.f. ss. 62 and 63, infra.
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**56. Agreement to do impossible act.—An agreement to do an act impossible in itself is void.**
**Contract to do an act afterwards becoming impossible or unlawful.—A contract to do an act**
which, after the contract is made, becomes impossible, or, by reason of some event which the promisor
could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.[1]
**Compensation for loss through non-performance of act known to be impossible or unlawful.—**
Where one person has promised to do something which he knew, or, with reasonable diligence, might
have known, and which the promisee did not know, to be impossible or unlawful, such promisor must
make compensation to such promisee for any loss which such promisee sustains through the nonperformance of the promise.
_Illustrations_
(a) A agrees with B to discover treasure by magic. The agreement is void.
(b) A and B contract to marry each other. Before the time fixed for the marriage, A goes mad. The contract becomes void.
(c) A contracts to marry B, being already married to C, and being forbidden by the law to which he is subject to practise
polygamy, A must make compensation to B for the loss caused to her by the non-performance of his promise.
(d) A contracts to take in cargo for B at a foreign port. A’s Government afterwards declares war against the country in which
the port is situated. The contract becomes void when war is declared.
(e) A contracts to act at a theatre for six months in consideration of a sum paid in advance by B. On several occasions A is
too ill to act. The contract to act on those occasions becomes void.
**57.Reciprocal promise to do things legal, and also other things illegal.—Where persons**
reciprocally promise, firstly, to do certain things which are legal, and, secondly, under specified
circumstances, to do certain other things which are illegal, the first set of promises is a contract, but the
second is a void agreement.
_Illustration_
A and B agree that A shall sell B a house for 10,000 rupees, but that, if B uses it as a gambling house, he shall pay A 50,000
rupees for it.
The first set of reciprocal promises, namely, to sell the house and to pay 10,000 rupees for it, is a contract.
The second set is for an unlawful object, namely, that B may use the house as a gambling house, and is a void agreement.
**58. Alternative promise, one branch being illegal.—In the case of an alternative promise, one**
branch of which is legal and the other illegal, the legal branch alone can be enforced.
_Illustration_
A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium.
This is a valid contract to deliver rice, and a void agreement as to the opium.
_Appropriation of payments_
**59.Application of payment where debt to be discharged is indicated.—Where a debtor, owing**
several distinct debts to one person, makes a payment to him, either with express intimation, or under
circumstances implying, that the payment is to be applied to the discharge of some particular debt, the
payment, if accepted, must be applied accordingly.
1. See s. 65, infra.
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_Illustrations_
(a) A owes B, among other debts, 1,000 rupees upon a promissory note which falls due on the first June. He owes B no other debt of that
amount. On the first June, A pays to B 1,000 rupees. The payment is to be applied to the discharge of the promissory note.
(b) A owes to B, among other debts, the sum of 567 rupees. B writes to A and demands payment of this sum. A sends to B 567 rupees. This
payment is to be applied to the discharge of the debt of which B had demanded payment.
**60. Application of payment where debt to be discharged is not indicated.—Where the debtor has**
omitted to intimate and there are no other circumstances indicating to which debt the payment is to be
applied, the creditor may apply it at his discretion to any lawful debt actually due and payable to him from
the debtor, whether its recovery is or is not barred by the law in force for the time being as to the
limitation of suits.
**61. Application of payment where neither party appropriates.—Where neither party makes any**
appropriation, the payment shall be applied in discharge of the debts in order of time, whether they are or
are not barred by the law in force for the time being as to the limitation of suits. If the debts are of equal
standing, the payment shall be applied in discharge of each proportionably.
_Contracts which need not be performed_
**62. Effect of novation, rescission, and alteration of contract.—If the parties to a contract agree to**
substitute a new contract for it, or to rescind or alter it, the original contract, need not be performed.
_Illustrations_
(a) A owes money to B under a contract. It is agreed between A, B and C that B shall thenceforth accept C as his debtor, instead of A. The
old debt of A to B is at an end, and a new debt from C to B has been contracted.
(b) A owes B 10,000 rupees. A enters into an arrangement with B and gives B a mortgage of his (A’s) estate for 5,000 rupees in place of the
debt of 10,000 rupees. This is a new contract and extinguishes the old.
(c) A owes B 1,000 rupees under a contract. B owes C 1,000 rupees B orders A to credit C with 1,000 rupees in his books, but C does not
assent to the arrangement. B still owes C 1,000 rupees, and no new contract has been entered into.
**63. Promisee may dispense with or remit performance of promisee.—Every promisee may**
dispense with or remit, wholly or in part, the performance of the promisee made to him, or may extend the
time for such performance[1],or may accept instead of it any satisfaction which he thinks fit.
_Illustrations_
(a) A promises to paint a picture for B. B afterwards forbids him to do so. A is no longer bound to perform the promise.
(b) A owes B 5,000 rupees. A pays to B, and B accepts, in satisfaction of the whole debt, 2,000 rupees paid at the time and place at which
the 5,000 rupees were payable. The whole debt is discharged.
(c) A owes B 5,000 rupees. C pays to B 1,000 rupees, and B accepts them, in satisfaction of his claim on A. This payment is a discharge of
the whole claim[2].
(d) A owes B, under. a contract, a sum of money, the amount of which has not been ascertained. A, without ascertaining the amount, gives
to B, and B, in satisfaction thereof, accepts, the sum of 2,000 rupees. This is a discharge of the whole debt, whatever may be its amount.
(e) A owes B 2,000 rupees, and is also indebted to other creditors. A makes an arrangement with his creditors, including B, to pay them a
3[composition] of eight annas in the rupee upon their respective demands. Payment to B of 1,000 rupees is a discharge of B’s demand.
**64. Consequences of rescission of voidable contract.—When a person at whose option a contract is**
voidable rescinds it, the other party thereto need not perform any promise therein contained in which he is
promisor. The party rescinding a voidable contract shall, if he have received any benefit thereunder from
another party to such contract, restore such benefit, so far as may be, to the person from whom it was
received.[4]
1. But see s. 135, infra.
2. See s. 41, supra.
3. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, Pt. I, for “compensation”.
4. See s. 75, infra.
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**65. Obligation of person who has received advantage under void agreement, or contract that**
**becomes void.—When an agreement is discovered to be void, or when a contract becomes void, any**
person who has received any advantage under such agreement or contract is bound to restore it, or to
make compensation for it to the person from whom he received it.
_Illustrations_
(a) A pays B 1,000 rupees in consideration of B’s promising to marry C, A’s daughter. C is dead at the time of the promise.
The agreement is void, but B must repay A the 1,000 rupees.
(b) A contracts with B to deliver to him 250 maunds of rice before the first of May. A delivers 130 maunds only before that
day, and none after. B retains the 130 maunds after the first of May. He is bound to pay A for them.
(c) A, a singer, contracts with B, the manager of a theatre, to sing at his theatre for two nights in every week during the next
two months, and B engages to pay her a hundred rupees for each night’s performance. On the sixth night, A wilfully absents
herself from the theatre, and B, in consequence, rescinds the contract. B must pay A for the five nights on which she had sung.
(d) A contracts to sing for B at a concert for 1,000 rupees, which are paid in advance. A is too ill to sing. A is not bound to
make compensation to B for the loss of the profits which B would have made if A had been able to sing, but must refund to B the
1,000 rupees paid in advance.
**66. Mode of communicating or revoking rescission of voidable contract.—The rescission of a**
voidable contract may be communicated or revoked in the same manner, and subject to the same rules, as
apply to the communication or revocation of a proposal[1].
**67. Effect of neglect of promisee to afford promisor reasonable facilities for performance.—If**
any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his
promise, the promisor is excused by such neglect or refusal as to any non-performance caused thereby.
_Illustration_
A contracts with B to repair B’s house.
B neglects or refuses to point out to A the places in which his house requires repair.
A is excused for the non-performance of the contract if it is caused by such neglector refusal.
CHAPTER V
OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT
**68. Claim for necessaries supplied to person incapable of contracting, or on his account.—If a**
person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied
by another person with necessaries suited to his condition in life, the person who has furnished such
supplies is entitled to be reimbursed from the property of such incapable person.[2]
_Illustrations_
(a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s
property.
(b) A supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be
reimbursed from B’s property.
**69.Reimbursement of person paying money due by another, in payment of which he is**
**interested.—A person who is interested in the payment of money which another is bound by law to pay,**
and who therefore pays it, is entitled to be reimbursed by the other.
1. See ss. 3 and 5, supra.
2. The property of a Government ward in Madhya Pradesh is not liable under this section, see the C.P. Court of Wards Act, 1899
(24 of 1899), s. 31(1).
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_Illustration_
B holds land in Bengal, on a lease granted by A, the zamindar. The revenue payable by A to the Government being in arrear,
his land is advertised for sale by the Government. Under the revenue law, the consequence of such sale will be the annulment of
B’s lease. B, to prevent the sale and the consequent annulment of his own lease, pays to the Government the sum due from A. A
is bound to make good to B the amount so paid.
**70.Obligation of person enjoying benefit of non-gratuitous act.—Where a person lawfully does**
anything for another person, or delivers anything to him, not intending to do so gratuitously, and such
other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect
of, or to restore, the thing so done or delivered[1].
_Illustrations_
(a) A, a tradesman, leaves goods at B’s house by mistake. B treats the goods as his own. He is bound to pay A for them.
(b) A saves B’s property from fire. A is not entitled to compensation from B, if the circumstances show that he intended to
act gratuitously.
**71.Responsibility of finder of goods.—A person who finds goods belonging to another, and takes**
them into his custody, is subject to the same responsibility as a bailee[2].
**72. Liability of person to whom money is paid, or thing delivered, by mistake or under**
**coercion.—A person to whom money has been paid, or anything delivered, by mistake or under coercion,**
must repay or return it.
_Illustrations_
(a)A and B jointly owe 100 rupees to C, A alone pays the amount to C, and B, not knowing this fact, pays 100 rupees over
again to C. C is bound to repay the amount to B.
(b)A railway company refuses to deliver up certain goods to the consignee, except upon the payment of an illegal charge for
carriage. The consignee pays the sum charged in order to obtain the goods. He is entitled to recover so much of the charge as was
illegally excessive.
CHAPTER VI
OF THE CONSEQUENCES OF BREACH OF CONTRACT
**73.Compensation for loss or damage caused by breach of contract.—When a contract has been**
broken, the party who suffers by such breach is entitled to receive, from the party who has broken the
contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual
course of things from such breach, or which the parties knew, when they made the contract, to be likely to
result from the breach of it.
Such compensation is not to be given for any remote and indirect loss or damage sustained by reason
of the breach.
**Compensation for failure to discharge obligation resembling those created by contract.—When**
an obligation resembling those created by contract has been incurred and has not been discharged, any
person injured by the failure to discharge it is entitled to receive the same compensation from the party in
default, as if such person had contracted to discharge it and had broken his contract.
_Explanation.—In estimating the loss or damage arising from a breach of contract, the means which_
existed of remedying the inconvenience caused by the non-performance of the contract must be taken into
account.
1. As to suits by minors under s. 70 in Presidency Small Cause Courts, _see the Presidency Small Cause Courts Act, 1882_
(15 of 1882), s. 32.
2. See ss. 151 and 152, infra.
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_Illustrations_
(a)A contracts to sell and deliver 50 maunds of saltpetre to B, at a certain price to be paid on delivery. A breaks his promise.
B is entitled to receive from A, by way of compensation, the sum, if any, by which the contract price falls short of the price for
which B might have obtained 50 maunds of saltpetre of like quality at the time when the saltpetre ought to have been delivered.
(b)A hires B’s ship to go to Bombay, and there take on board, on the first of January, a cargo, which A is to provide, and to
bring it to Calcutta, the freight to be paid when earned. B’s ship does not go to Bombay, but A has opportunities of procuring
suitable conveyance for the cargo upon terms as advantageous as those on which he had chartered the ship. A avails himself of
those opportunities, but is put to trouble and expense in doing so. A is entitled to receive compensation from B in respect of such
trouble and expense.
(c)A contracts to buy of B, at a stated price, 50 maunds of rice, no time being fixed for delivery. A afterwards informs B that
he will not accept the rice if tendered to him. B is entitled to receive from A, by way of compensation, the amount, if any, by
which the contract price exceeds that which B can obtain for the rice at the time when A informs B that he will not accept it.
(d) A contracts to buy B’s ship for 60,000 rupees, but breaks his promise. A must pay to B, by way of compensation, the
excess, if any, of the contract price over the price which B can obtain for the ship at the time of the breach of promise.
(e) A, the owner of a boat, contracts with B to take a cargo of jute to Mirzapur, for sale at that place, starting on a specified
day. The boat, owing to some avoidable cause, does not start at the time appointed, whereby the arrival of the cargo at Mirzapur
is delayed beyond the time when it would have arrived if the boat had sailed according to the contract. After that date, and before
the arrival of the cargo, the price of jute falls. The measure of the compensation payable to B by A is the difference between the
price which B could have obtained for the cargo at Mirzapur at the time when it would have arrived if forwarded in due course,
and its market price at the time when it actually arrived.
(f) A contracts to repair B’s house in a certain manner, and receives payment in advance. A repairs the house, but not
according to contract. B is entitled to recover from A the cost of making the repairs conform to the contract.
(g) A contracts to let his ship to B for a year, from the first of January, for a certain price. Freights rise, and, on the first of
January, the hire obtainable for the ship is higher than the contract price. A breaks his promise. He must pay to B, by way of
compensation, a sum equal to the difference between the contract price and the price for which B could hire a similar ship for a
year on and from the first of January.
(h) A contracts to supply B with a certain quantity of iron at a fixed price, being a higher price than that for which A could
procure and deliver the iron. B wrongfully refuses to receive the iron. B must pay to A, by way of compensation, the difference
between the contract price of the iron and the sum for which A could have obtained and delivered it.
(i) A delivers to B, a common carrier, a machine, to be conveyed, without delay, to A’s mill informing B that his mill is
stopped for want of the machine. B unreasonably delays the delivery of the machine, and A, in consequence, loses a profitable
contract with the Government. A is entitled to receive from B, by way of compensation, the average amount of profit which
would have been made by the working of the mill during the time that delivery of it was delayed, but not the loss sustained
through the loss of the Government contract.
(j) A, having contracted with B to supply B with 1,000 tons of iron at 100 rupees a ton, to be delivered at a stated time,
contracts with C for the purchase of 1,000 tons of iron at 80 rupees a ton, telling C that he does so for the purpose of performing
his contract with B. C fails to perform his contract with A, who cannot procure other iron, and B, in consequence, rescinds the
contract. C must pay to A 20,000 rupees, being the profit which A would have made by the performance of his contract with B.
(k) A contracts with B to make and deliver to B, by a fixed day, for a specified price, a certain piece of machinery. A does
not deliver the piece of machinery at the time specified, and in consequence of this, B is obliged to procure another at a higher
price than that which he was to have paid to A, and is prevented from performing a contract which B had made with a third
person at the time of his contract with A (but which had not been then communicated to A), and is compelled to make
compensation for breach of that contract. A must pay to B, by way of compensation, the difference between the contract price of
the piece of machinery and the sum paid by B for another, but not the sum paid by B to the third person by way of compensation.
(l)A, a builder, contracts to erect and finish a house by the first of January, in order that B may give possession of it at that
time to C, to whom B has contracted to let it. A is informed of the contract between B and C. A builds the house so badly that,
before the first of January, it falls down and has to be re-built by B, who, in consequence, loses the rent which he was to have
received from C, and is obliged to make compensation to C for the breach of his contract. A must make compensation to B for
the cost of rebuilding the house, for the rent lost, and for the compensation made to C.
(m)A sells certain merchandise to B, warranting it to be of a particular quality, and B, in reliance upon this warranty, sells it
to C with a similar warranty. The goods prove to be not according to the warranty, and B becomes liable to pay C a sum of
money by way of compensation. B is entitled to be reimbursed this sum by A.
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(n)A contracts to pay a sum of money to B on a day specified. A does not pay the money on that day, B, in consequence of
not receiving the money on that day, is unable to pay his debts, and is totally ruined. A is not liable to make good to B anything
except the principal sum he contracted to pay, together with interest up to the day of payment.
(o)A contracts to deliver 50 maunds of saltpetre to B on the first of January, at a certain price. B afterwards, before the first
of January, contracts to sell the saltpetre to C at a price higher than the market price of the first of January. A breaks his promise.
In estimating the compensation payable by A to B, the market price of the first of January, and not the profit which would
have arisen to B from the sale to C, is to be taken into account.
(p)A contracts to sell and deliver 500 bales of cotton to B on a fixed day. A knows nothing of B’s mode of conducting his
business. A breaks his promise, and B, having no cotton, is obliged to close his mill. A is not responsible to B for the loss caused
to B by the closing of the mill.
(q)A contracts to sell and deliver to B, on the first of January, certain cloth which B intends to manufacture into caps of a
particular kind, for which there is no demand, except at that season. The cloth is not delivered till after the appointed time, and
too late to be used that year in making caps. B is entitled to receive from A, by way of compensation, the difference between the
contract price of the cloth and its market price at the time of delivery, but not the profits which he expected to obtain by making
caps, nor the expenses which he has been put to in making preparation for the manufacture.
(r)A, a ship-owner, contracts with B to convey him from Calcutta to Sydney in A’s ship, sailing on the first of January, and
B pays to A, by way of deposit, one-half of his passage-money. The ship does not sail on the first of January, and B, after being
in consequence detained in Calcutta for some time and thereby put to some expense, proceeds to Sydney in another vessel, and,
in consequence, arriving too late in Sydney, loses a sum of money. A is liable to repay to B his deposit, with interest, and the
expense to which he is put by his detention in Calcutta, and the excess, if any, of the passage-money paid for the second ship over
that agreed upon for the first, but not the sum of money which B lost by arriving in Sydney too late.
**74. Compensation for breach of contract where penalty stipulated for.—[1][When a contract has**
been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the
contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled,
whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who
has broken the contract reasonable compensation not exceeding the amount so named or, as the case may
be, the penalty stipulated for.
_Explanation.—A stipulation for increased interest from the date of default may be a stipulation by_
way of penalty.]
_Exception.—When any person enters into any bail-bond, recognizance or other instrument of the_
same nature, or, under the provisions of any law, or under the orders of the [2][Central Government] or of
any [3][State Government], gives any bond for the performance of any public duty or act in which the
public are interested, he shall be liable, upon breach of the condition of any such instrument, to pay the
whole sum mentioned therein.
_Explanation.—A person who enters into a contract with Government does not necessarily thereby_
undertake any public duty, or promise to do an act in which the public are interested.
_Illustrations_
(a)A contracts with B to pay B Rs. 1,000, if he fails to pay B Rs. 500 on a given day. A fails to pay B Rs. 500 on that day. B
is entitled to recover from A such compensation, not exceeding Rs. 1,000, as the Court considers reasonable.
(b)A contracts with B that, if Apractises as a surgeon within Calcutta, he will pay B Rs. 5,000. A practises as a surgeon in
Calcutta. B is entitled to such compensation; not exceeding Rs. 5,000, as the Court considers reasonable.
(c)A gives a recognizance binding him in a penalty of Rs. 500 to appear in Court on a certain day. He forfeits his
recognizance. He is liable to pay the whole penalty.
1. Subs. by Act 6 of 1899, s. 4, for the first paragraph of s. 74.
2. Subs. by the A.O. 1937, for “Government of India”.
3. Subs. by the A.O. 1950, for “Provincial Government”.
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1[(d)A gives B a bond for the repayment of Rs. 1,000 with interest at 12 per cent. at the end of six months, with a stipulation
that, in case of default, interest shall be payable at the rate of 75 per cent. from the date of default. This is a stipulation by way of
penalty, and B is only entitled to recover from A such compensation as the Court considers reasonable.
(e) A, who owes money to B a money-lender, undertakes to repay him by delivering to him 10 maunds of grain on a certain
date, and stipulates that, in the event of his not delivering the stipulated amount by the stipulated date, he shall be liable to deliver
20 maunds. This is a stipulation by way of penalty, and B is only entitled to reasonable compensation in case of breach.
(f) A undertakes to repay B a loan of Rs. 1,000 by five equal monthly instalments, with a stipulation that in default of
payment of any instalment, the whole shall become due. This stipulation is not by way of penalty, and the contract may be
enforced according to its terms.
(g) A borrows Rs. 100 from B and gives him a bond for Rs. 200 payable by five yearly instalments of Rs. 40, with a
stipulation that, in default of payment of any instalment, the whole shall become due. This is a stipulation by way of penalty.]
**75.Party rightfully rescinding contract, entitled to compensation.—A person who rightfully**
rescinds a contract is entitled to compensation for any damage which he has sustained through the
non-fulfilment of the contract.
_Illustration_
A, a singer, contracts with B, the manager of a theatre, to sing at his theatre for two nights in every week during the next two
months, and B engages to pay her 100 rupees for each night’s performance. On the sixth night, A wilfully absents herself from
the theatre, and B, in consequence, rescinds the contract. B is entitled to claim compensation for the damage which he has
sustained through the non-fulfilment of the contract.
[CHAPTER VII.—SALES OF GOODS.] Rep.by the Indian Sale of Goods Act, 1930 (3 of 1930), s. 65.
**76.[‘Goods’ of defined.] Rep. by s. 65,ibid.**
**77.[‘Sale defined.] Rep. by s. 65,ibid.**
**78.[Sale how effected.] Rep. by s. 65,ibid.**
**79.[Transferofownershipofthingsold,whichhasyettobeascertained,madeorfinished.]Rep.bys. 65, ibid.**
**80. [Completion of sale of goods which the seller is to put into state in which buyer is to take them.]**
_Rep. by s. 65,ibid._
**81. [Completion of sale of goods, when seller has to do anything thereto in order to as certain**
_price.] Rep. by s. 65,ibid._
**82. [Completion of sale, when goods are uncertained at date of contract.] Rep. by s. 65,ibid.**
**83. [Ascertainment of goods by subsequent appropriation.] Rep. by s. 65,ibid.**
**84. [Ascertainment of goods by seller’s selection.] Rep. by s. 65,ibid.**
**85.** **[Transfer of ownership of moveable property, when sold together with immoveable.]** _Rep. by_
_s. 65, ibid._
**86. [Buyer to bear loss after good have become his property.] Rep. by s. 65,ibid.**
**87. [Transfer of ownership of goods agreed to be sold while non existent.] Rep. by s. 65,ibid.**
**88. [Contract to sell and deliver, at a future day,** _goods not in seller’s possession at date of_
_contract.] Rep. by s. 65,ibid._
**89. [Determination of price not fixed by contract.] Rep. by s. 65,ibid.**
**[DELIVERY.]Rep. by s. 65, ibid.**
**90. [Delivery how made.] Rep. by s. 65,ibid.**
1. Added by Act 6 of 1899, s. 4.
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**91. [Effect of delivery to wharfinger or carrier.] Rep. by s. 65,ibid.**
**92. [Effect of part-delivery.] Rep. by s. 65,ibid.**
**93. [Seller not bound to deliver until buyer applies for delivery.] Rep. by s. 65,ibid.**
**94.[Place of delivery.] Rep.by the Indian Sale of Goods Act, 1930 (3 of 1930), s.65.**
[SELLER’S LIEN.]Rep. by s. 65, ibid.
**95.[Seller’s lien.]Rep. by s. 65,ibid.**
**96. [Lien where payment to be made at a future day, but no time fixed for delivery.] Rep. by s. 65,**
ibid.
**97. [Seller’s lien where payment to be made at future day, and buyer allows goods to remain in**
_seller’s possession.] Rep. by s. 65,ibid._
**98. [Seller’s lien against subsequent buyer.] Rep. by s. 65,ibid.**
**[STOPPAGE IN TRANSIT.] Rep. by s. 65, ibid.**
**99. [Power of seller to stop in transit.] Rep. by s. 65,ibid.**
**100.[When goods are to be deemed in transit.] Rep. by s. 65,ibid.**
**101. [Continuance of right of stoppage.] Rep. by s. 65,ibid.**
**102. [Cessation of right on assignment, by buyer, of document showing title.] Rep. by s. 65,ibid.**
**103. [How seller may stop where instrument of title assigned to secure specific advance.] Rep. by s.**
65, ibid.
**104. [Stoppage how effected.] Rep. by s. 65,ibid.**
**105. [Notice of seller’s claim.] Rep. by s. 65, ibid.**
**106.[Right of seller on stoppage.] Rep. by s. 65,ibid.**
**[RESALE.] Rep. by s. 65, ibid.**
**107.[Resale on buyer’s failure to perform.] Rep. by s. 65,ibid.**
[TITLE.] Rep. by s. 65, ibid.
**108. [Title conveyed by seller of goods to buyer.] Rep. by s. 65,ibid.**
[WARRANTY.] Rep. by s. 65, ibid.
**109.[Seller’s responsibility for badness of title.] Rep. by s. 65,ibid.**
**110. [Establishment of implied warranty of goodness or quality.] Rep. by s. 65,ibid.**
**111. [Warranty of soundness implied on sale of provisions.] Rep. by s. 65,ibid.**
**112. [Warranty of bulk implied on sale of goods by sample.] Rep. by s. 65,ibid.**
**113.[Warranty implied where goods are sold as being of a certain denomination.] Rep. by s. 65,ibid.**
**114. [Warranty where goods ordered for a specified purpose.] Rep. by s. 65,ibid.**
**115.[Warranty on sale of article of well known ascertained kind.] Rep. by s. 65,ibid.**
**116. [Seller when not responsible for latent defects.] Rep. by s. 65,ibid.**
**117. [Buyer’s right on breach of warranty.] Rep. by s. 65,ibid.**
**118. [Right of buyer on breach of warranty in respect of goods not ascertained.] Rep. by s. 65,ibid.**
[MISCELLANEOUS.] Rep. by s. 65, ibid.
**119. [When buyer may refused to accept, if goods not ordered are sent with goods ordered.]Rep. by**
_s. 65, ibid._
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**120. [Effect of wrongful refusal to accept.] Rep. by s. 65,ibid.**
**121. [Right of seller as to rescission, on failure of buyer to pay price at time fixed.]** _Rep.by the_
_Indian Sale of Goods Act, 1930 (3 of 1930), s.65._
**122. [Sale and transfer of lots sold by auction.] Rep. by s. 65,ibid.**
**123. [Effect of use, by seller, of pretended biddings to raise price.] Rep. by s. 65,ibid.**
CHAPTER VIII
OF INDEMNITY AND GUARANTEE
**124.“Contract of indemnity” defined.—A contract by which one party promises to save the other**
from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is
called a “contract of indemnity”.
_Illustration_
A contracts to indemnify B against the consequences of any proceedings which C may take against B in respect of a certain
sum of 200 rupees. This is a contract of indemnity.
**125.Rights of indemnity-holder when sued.—The promisee in a contract of indemnity, acting**
within the scope of his authority, is entitled to recover from the promisor—
(1) all damages which he may be compelled to pay in any suit in respect of any matter to which
the promise to indemnify applies;
(2) all costs which he may be compelled to pay in any such suit if, in bringing or defending it, he
did not contravene the orders of the promisor, and acted as it would have been prudent for him to act
in the absence of any contract of indemnity, or if the promisor authorized him to bring or defend the
suit;
(3) all sums which he may have paid under the terms of any compromise of any such suit, if the
compromise was not contrary to the orders of the promisor, and was one which it would have been
prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor
authorized him to compromise the suit.
**126. “Contract of guarantee”, “surety”, “principal debtor” and “creditor”.—A “contract of**
guarantee” is a contract to perform the promise, or discharge the liability, of a third person in case of his
default. The person who gives the guarantee is called the “surety”; the person in respect of whose default
the guarantee is given is called the “principal debtor”, and the person to whom the guarantee is given is
called the “creditor”. A guarantee may be either oral or written.
**127. Consideration for guarantee.—Anything done, or any promise made, for the benefit of the**
principal debtor, may be a sufficient consideration to the surety for giving the guarantee.
_Illustrations_
(a) B requests A to sell and deliver to him goods on credit. A agrees to do so, provided C will guarantee the payment of the
price of the goods. C promises to guarantee the payment in consideration of A’s promise to deliver the goods. This is a sufficient
consideration for C’s promise.
(b) A sells and delivers goods to B. C afterwards requests A to forbear to sue B for the debt for a year, and promises that, if
he does so, C will pay for them in default of payment by B. A agrees to forbear as requested. This is a sufficient consideration for
C’s promise.
(c) A sells and delivers goods to B. C afterwards, without consideration, agrees to pay for them in default of B. The
agreement is void.
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**128. Surety’s liability.—The liability of the surety is co- extensive with that of the principal debtor,**
unless it is otherwise provided by the contract.
_Illustration_
A guarantees to B the payment of a bill of exchange by C, the acceptor. The bill is dishonoured by C. A is liable, not only
for the amount of the bill, but also for any interest and charges which may have become due on it.
**129. “Continuing guarantee”.—A guarantee which extends to a series of transactions, is called a**
“continuing guarantee”.
_Illustrations_
(a) A, in consideration that B will employ C in collecting the rent of B’s zamindari, promises B to be responsible, to the
amount of 5,000 rupees, for the due collection and payment by C of those rents. This is a continuing guarantee.
(b) A guarantees payment to B, a tea-dealer, to the amount of £100, for any tea he may from time to time supply to C. B
supplies C with tea to above the value of £100, and C pays B for it. Afterwards, B supplies C with tea to the value of £200. C
fails to pay. The guarantee given by A was a continuing guarantee, and he is accordingly liable to B to the extent of £100.
(c) A guarantees payment to B of the price of five sacks of flour to be delivered by B to C and to be paid for in a month. B
delivers five sacks to C. C pays for them. Afterwards B delivers four sacks to C, which C does riot pay for. The guarantee given
by A was not a continuing guarantee, and accordingly he is not liable for the price of the four sacks.
**130.Revocation of continuing guarantee.—A continuing guarantee may at any time be revoked by**
the surety, as to future transactions, by notice to the creditor.
_Illustrations_
(a) A, in consideration of B’s discounting, at A’s request, bills of exchange for C, guarantees to B, for twelve months, the
due payment of all such bills to the extent of 5,000 rupees. B discounts bills for C to the extent of 2,000 rupees. Afterwards, at the
end of three months, A revokes the guarantee. This revocation discharges A from all liability to B for any subsequent discount.
But A is liable to B for the 2,000 rupees, on default of C.
(b) A guarantees to B, to the extent of 10,000 rupees, that C shall pay all the bills that B shall draw upon him. B draws upon
C. C accepts the bill. A gives notice of revocation. C dishonours the bill at maturity. A is liable upon his guarantee.
**131.Revocation of continuing guarantee by surety’s death.—The death of the surety operates, in**
the absence of any contract to the contrary, as a revocation of a continuing guarantee, so far as regards
future transactions.
**132. Liability of two persons, primarily liable, not affected by arrangement between them that**
**one shall be surety on other’s default.—Where two persons contract with a third person to undertake a**
certain liability, and also contract with each other that one of them shall be liable only on the default of
the other, the third person not being a party to such contract, the liability of each of such two persons to
the third person under the first contract is not affected by the existence of the second contract, although
such third person may have been aware of its existence.
_Illustration_
A and B make a joint and several promissory note to C. A makes it, in fact, as surety for B, and C knows this at the time
when the note is made. The fact that A, to the knowledge of C, made the note as surety for B, is no answer to a suit by C against
A upon the note.
**133.Discharge of surety by variance in terms of contract.—Any variance, made without the**
surety’s consent, in the terms of the contract between the principal [1][debtor] and the creditor, discharges
the surety as to transactions subsequent to the variance.
_Illustrations_
(a) A becomes surety to C for B’s conduct as a manager in C’s bank. Afterwards, B and C contract, without A’s consent,
that B’s salary shall be raised, and that he shall become liable for one-fourth of the losses on overdrafts. B allows a customer to
1. Ins. by Act 24 of 1917, s. 2 and the first Schedule.
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overdraw, and the bank loses a sum of money. A is discharged from his suretyship by the variance made without his consent, and
is not liable to make good this loss.
(b) A guarantees C against the misconduct of B in an office to which B is appointed by C, and of which the duties are
defined by an Act of the Legislature. By a subsequent Act, the nature of the office is materially altered. Afterwards, B
misconducts himself. A is discharged by the change from future liability under his guarantee, though the misconduct of B is in
respect of a duty not affected by the later Act.
(c) C agrees to appoint B as his clerk to sell goods at a yearly salary, upon A’s becoming surety to C for B’s duly accounting
for moneys received by him as such clerk. Afterwards, without A’s knowledge or consent, C and B agree that B should be paid
by a commission on the goods sold by him and not by a fixed salary. A is not liable for subsequent misconduct of B.
(d) A gives to C a continuing guarantee to the extent of 3,000 rupees for any oil supplied by C to B on credit. Afterwards B
becomes embarrassed, and, without the knowledge of A, B and C contract that C shall continue to supply B with oil for ready
money, and that the payments shall be applied to the then, existing debts between B and C. A is not liable on his guarantee for
any goods supplied after: this new arrangement.
(e) C contracts to lend B 5,000 rupees on the 1st March. A guarantees repayment. C pays the 5,000 rupees to B on the 1st
January. A is discharged from his liability, as the contract has been varied, inasmuch as C might sue B for the money before the
1st of March.
**134.Discharge of surety by release or discharge of principal debtor.—The surety is discharged by**
any contract between the creditor and the principal debtor, by which the principal debtor is released, or by
any act or omission of the creditor, the legal consequence of which is the discharge of the principal
debtor.
_Illustrations_
(a) A gives a guarantee to C for goods to be supplied by C to B. C supplies goods to B, and afterwards B becomes
embarrassed and contracts with his creditors (including C) to assign to them his property in consideration of their releasing him
from their demands. Here B is released from his debt by the contract with C, and A is discharged from his suretyship.
(b) A contracts with B to grow a crop of indigo on A’s land and to deliver it to B at a fixed rate, and C guarantees A’s
performance of this contract. B diverts a stream of water which is necessary for the irrigation of A’s land and thereby prevents
him from raising the indigo. C is no longer liable on his guarantee.
(c) A contracts with B for a fixed price to build a house for B within a stipulated time, B supplying the necessary timber. C
guarantees A’s performance of the contract. B omits to supply the timber. C is discharged from his suretyship.
**135. Discharge of surety when creditor compounds with, gives time to, or agrees not to sue,**
**principal debtor.—A contract between the creditor and the principal debtor, by which the creditor makes**
a composition with, or promises to give time to, or not to sue, the principal debtor, discharges the surety,
unless the surety assents to such contract.
**136. Surety not discharged when agreement made with third person to give time to principal**
**debtor.—Where a contract to give time to the principal debtor is made by the creditor with a third**
person, and not with the principal debtor, the surety is not discharged.
_Illustration_
C, the holder of an overdue bill of exchange drawn by A as surety for B, and accepted by B, contracts with M to give time to
B. A is not discharged.
**137. Creditor’s forbearance to sue does not discharge surety.—Mere forbearance on the part of**
the creditor to sue the principal debtor or to enforce any other remedy against him does not, in the absence
of any provision in the guarantee to the contrary, discharge the surety.
_Illustration_
B owes to C a debt guaranteed by A. The debt becomes payable. C does not sue B for a year after the debt has become
payable. A is not discharged from his suretyship.
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**138.Release of one co-surety does not discharge others.—Where there are co-sureties, a release by**
the creditor of one of them does not discharge the others; neither does it free the surety so released from
his responsibility to the other sureties[1].
**139. Discharge of surety by creditor’s act or omission impairing surety’s eventual remedy.—If**
the creditor does any act which is inconsistent with the rights of the surety, or omits to do any act which
his duty to the surety requires him to do, and the eventual remedy of the surety himself against the
principal debtor is thereby impaired, the surety is discharged.
_Illustrations_
(a) B contracts to build a ship for C for a given sum, to be paid by instalments as the work reaches certain stages. A becomes
surety to C for B’s due performance of the contract. C, without the knowledge of A, prepays to B the last two instalments. A is
discharged by this prepayment.
(b) C lends money to B on the security of a joint and several promissory note made in C’s favour by B, and by A as surety
for B, together with a bill of sale of B’s furniture, which gives power to C to sell the furniture, and apply the proceeds in
discharge of the note. Subsequently, C sells the furniture, but, owing to his misconduct and wilful negligence, only a small price
is realized. A is discharged from liability on the note.
(c) A puts M as apprentice to B, and gives a guarantee to B for M’s fidelity. B promises on his part that he will, at least once
a month, see M make up the cash. B omits to see this done as promised, and M embezzles. A is not liable to B on his guarantee.
**140.Rights of surety on payment or performance.—Where a guaranteed debt has become due, or**
default of the principal debtor to perform a guaranteed duty has taken place, the surety upon payment or
performance of all that he is liable for, is invested with all the rights which the creditor had against the
principal debtor.
**141.Surety’s right to benefit of creditor’s securities.—A surety is entitled to the benefit of every**
security which the creditor has against the principal debtor at the time when the contract of suretyship is
entered into, whether the surety knows of the existence of such security or not; and if the creditor loses,
or, without the consent of the surety, parts with such security, the surety is discharged to the extent of the
value of the security.
_Illustrations_
(a)C, advances to B, his tenant, 2,000 rupees on the guarantee of A. C has also a further security for the 2,000 rupees by a
mortgage of B’s furniture. C cancels the mortgage. B becomes insolvent and C sues A on his guarantee. A is discharged from
liability to the amount of the value of the furniture.
(b)C, a creditor, whose advance to B is secured by a decree, receives also a guarantee for that advance from A. C afterwards
takes B’s goods in execution under the decree, and then, without the knowledge of A, withdraws the execution. A is discharged.
(c)A, as surety for B, makes a bond jointly with B to C, to secure a loan from C to B. Afterwards, C obtains from B a further
security for the same debt. Subsequently, C gives up the further security. A is not discharged.
**142. Guarantee obtained by misrepresentation invalid.—Any guarantee which has been obtained**
by means of misrepresentation made by the creditor, or with his knowledge and assent, concerning a
material part of the transaction, is invalid.
**143. Guarantee obtained by concealment invalid.—Any guarantee which the creditor has obtained**
by means of keeping silence as to material circumstances, is invalid.
_Illustrations_
(a)A engages B as clerk to collect money for him. B fails to account for some of his receipts, and A in consequence calls
upon him to furnish security for his duly accounting. C gives his guarantee for B’s duly accounting. A does not acquaint C with
B’s previous conduct. B afterwards makes default. The guarantee is invalid.
1. See s. 44, supra.
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(b)A guarantees to C payment for iron to be supplied by him to B to the amount of 2,000 tons. B and C have privately
agreed that B should pay five rupees per ton beyond the market price, such excess to be applied in liquidation of an old debt. This
agreement is concealed from A. A is not liable as a surety.
**144. Guarantee on contract that creditor shall not act on it until co-surety joins.—Where a**
person gives a guarantee upon a contract that the creditor shall not act upon it until another person has
joined in it as co-surety, the guarantee is not valid if that other person does not join.
**145.Implied promise to indemnify surety.—In every contract of guarantee there is an implied**
promise by the principal debtor to indemnify the surety, and the surety is entitled to recover from the
principal debtor whatever sum he has rightfully paid under the guarantee, but, no sums which he has paid
wrongfully.
_Illustrations_
(a)B is indebted to C, and A is surety for the debt. C demands payment from A, and on his refusal sues him for the amount.
A defends the suit, having reasonable grounds for doing so, but is compelled to pay the amount of the debt with costs. He can
recover from B the amount paid by him for costs, as well as the principal debt.
(b)C lends B a sum of money, and A, at the request of B, accepts a bill of exchange drawn by B upon A to secure the
amount. C, the holder of the bill, demands payment of it from A, and, on A’s refusal to pay, sues him upon the bill. A, not having
reasonable grounds for so doing, defends the suit, and has to pay the amount of the bill and costs. He can recover from B the
amount of the bill, but not the sum paid for costs, as there was no real ground for defending the action.
(c)A guarantees to C, to the extent of 2,000 rupees, payment for rice to be supplied by C to B. C supplies to B rice to a less
amount than 2,000 rupees, but obtains from A payment of the sum of 2,000 rupees in respect of the rice supplied. A cannot
recover from B more than the price of the rice actually supplied.
**146. Co-sureties liable to contribute equally.—Where two or more persons are co-sureties for the**
same debt or duty, either jointly or severally, and whether under the same or different contracts, and
whether with or without the knowledge of each other, the co-sureties, in the absence of any contract to the
contrary, are liable, as between themselves, to pay each an equal share of the whole debt, or of that part of
it which remains unpaid by the principal debtor[1].
_Illustrations_
(a)A, B and C are sureties to D for the sum of 3,000 rupees lent to E. E makes default in payment. A, B and C are liable, as
between themselves, to pay 1,000 rupees each.
(b)A, B and C are sureties to D for the sum of 1,000 rupees lent to E, and there is a contract between A, B and C that A is to
be responsible to the extent of one-quarter, B to the extent of one- quarter, and C to the extent of one-half. E makes default in
payment. As between the sureties, A is liable to pay 250 rupees, B 250 rupees, and C 500 rupees.
**147.Liability of co-sureties bound in different sums.—Co-sureties who are bound in different sums**
are liable to pay equally as far as the limits of their respective obligations permit.
_Illustrations_
(a)A, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of each
10,000 rupees, B in that of 20,000 rupees, C in that of 40,000 rupees, conditioned for D’s duly accounting to E. D makes default
to the extent of 30,000 rupees. A, B and C are each liable to pay 10,000 rupees.
(b)A, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of
10,000 rupees, B in that of 20,000 rupees, C in that of 40,000 rupees, conditioned for D’s duly accounting to E. D makes default
to the extent of 40,000 rupees. A is liable to pay 10,000 rupees, and B and C 15,000 rupees each.
(c)A, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of
10,000 rupees, B in that of 20,000 rupees, C in that of 40,000 rupees, conditioned for D’s duly accounting to E. D makes default
to the extent of 70,000 rupees. A, B and C have to pay each the full penalty of his bond.
1. See s. 43, supra.
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CHAPTER IX
OF BAILMENT
**148.“Bailment”“bailor” and “bailee” defined.—A “bailment” is the delivery of goods by one**
person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be
returned or otherwise disposed of according to the directions of the person delivering them. The person
delivering the goods is called the “bailor”. The person to whom they are delivered is called, the “bailee”.
_Explanation.—If a person already in possession of the goods of another contracts to hold them as a_
bailee, he thereby becomes the bailee, and the owner becomes the bailor of such goods, although they
may not have been delivered by way of bailment.
**149. Delivery to bailee how made.—The delivery to the bailee may be made by doing anything**
which has the effect of putting the goods in the possession of the intended bailee or of any person
authorized to hold them on his behalf.
**150.Bailor’s duty to disclose faults in goods bailed.—The bailor is bound to disclose to the bailee**
faults in the goods bailed, of which the bailor is aware, and which materially interfere with the use of
them, or expose the bailee to extraordinary risks; and if he does not make such disclosure, he is
responsible for damage arising to the bailee directly from such faults.
If the goods are bailed for hire, the bailor is responsible for such damage, whether he was or was not
aware of the existence of such faults in the goods bailed.
_Illustrations_
(a)A lends a horse, which he knows to be vicious, to B. He does not disclose the fact that the horse is vicious. The horse
runs away. B is thrown and injured. A is responsible to B for damage sustained.
(b)A hires a carriage of B. The carriage is unsafe, though B is not aware of it, and A is injured. B is responsible to A for the
injury.
**1151. Care to be taken by bailee.—In all cases of bailment the bailee is bound to take as much care**
of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his
own goods of the same bulk, quality and value as the goods bailed[2].
**152.Bailee when not liable for loss, etc., of thing bailed.—The bailee, in the absence of any special**
contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the
amount of care of it described in section 151.
**153. Termination of bailment by bailee’s act inconsistent with conditions.—A contract of**
bailment is avoidable at the option of the bailor, if the bailee does any act with regard to the goods bailed,
inconsistent with the conditions of the bailment.
_Illustration_
A lets to B, for hire, a horse for his own riding. B drives the horse in his carriage. This is, at the ‘option of A, a termination
of the bailment.
**154. Liability of bailee making unauthorized use of goods bailed.—If the bailee makes any use of**
the goods bailed which is not according to the conditions of the bailment, he is liable to make
compensation to the bailor for any damage arising to the goods from or during such use of them.
1. The responsibility of the Trustees of the Port of Madras constituted under the Madras Port Trust Act, 1905 (Madras Act
2 of 1905), in regard to goods has been declared to be that of a bailee under these sections, without the qualifying words “in the
absence of any special contract” in s. 152, see s. 40(1) of that Act.
2.As to railway contracts _see the Indian Railways Act, 1890 (9 of 1890), s. 72. As to the liability of common carriers,_ _see the_
Carriers Act, 1865 (3 of 1865), s. 8.
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_Illustrations_
(a)A lends a horse to B for his own riding only. B allows C, a member of his family, to ride the horse. C rides with care, but
the horse accidentally falls and is injured. B is liable to make compensation to A for the injury done to the horse.
(b)A hires a horse in Calcutta from B expressly to march to Benares. A rides with due care, but marches to Cuttack instead.
The horse accidentally falls and is injured. A is liable to make compensation to B for the injury to the horse.
**155. Effect of mixture, with bailor’s consent, of his goods with bailee’s.—If the bailee, with the**
consent of the bailor, mixes the goods of the bailor with his own goods, the bailor and the bailee shall
have an interest, in proportion to their respective shares, in the mixture thus produced.
**156.Effect of mixture without bailor’s consent, when the goods can be separated.—If the bailee,**
without the consent of the bailor, mixes the goods of the bailor with his own goods, and the goods can be
separated or divided, the property in the goods remains in the parties respectively; but the bailee is bound
to bear the expense of separation or division, and any damage arising from the mixture.
_Illustration_
A bails 100 bales of cotton marked with a particular mark to B. B, without A’s consent, mixes the 100 bales with other bales
of his own, bearing a different mark: A is entitled to have his 100 bales returned, and B is bound to bear all the expense incurred
in the separation of the bales, and any other incidental damage.
**157. Effect of mixture, without bailor’s consent, when the goods cannot be separated.—If the**
bailee, without the consent of the bailor, mixes the goods of the bailor with his own goods, in such a
manner that it is impossible to separate the goods bailed from the other goods, and deliver them back, the
bailor is entitled to be compensated by the bailee for the loss of the goods.
_Illustration_
A bails a barrel of Cape flour worth Rs. 45 to B. B, without A’s consent, mixes the flour with country flour of his own,
worth only Rs. 25 a barrel. B must compensate A for the loss of his flour.
**158. Repayment, by bailor, of necessary expenses.—Where, by the conditions of the bailment, the**
goods are to be kept or to be carried, or to have work done upon them by the bailee for the bailor, and the
bailee is to receive no remuneration, the bailor shall repay to the bailee the necessary expenses incurred
by him for the purpose of the bailment.
**159.Restoration of goods lent gratuitously.—The lender of a thing for use may at any time require**
its return, if the loan was gratuitous, even though he lent it for a specified time or purpose. But if, on the
faith of such loan made for a specified time or purpose, the borrower has acted in such a manner that the
return of the thing lent before the time agreed upon would cause him loss exceeding the benefit actually
derived by him from the loan, the lender must, if he compels the return, indemnify the borrower for the
amount in which the loss so occasioned exceeds the benefit so derived.
**160.Return of goods bailed, on expiration of time or accomplishment of purpose.—It is the duty**
of the bailee to return, or deliver according to the bailor’s directions, the goods bailed, without demand, as
soon as the time for which they were bailed has expired, or the purpose for which they were bailed has
been accomplished.
**1161. Bailee’s responsibility when goods are not duly returned.—If, by the default of the bailee,**
the goods are not returned, delivered or tendered at the proper time, he is responsible to the bailor for any
loss, destruction or deterioration of the goods from that time.[2]
1. S. 161 has been declared to apply to the responsibility of the Trustees of the Port of Madras as to goods in their possession
_seethe Madras Port Trust Act, 1905 (Madras Act 2 of 1905)._
2. As to Railway contracts, see the Indian Railways Act, 1890 (9 of 1890), s. 72.
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**162. Termination of gratuitous bailment by death.—A gratuitous bailment is terminated by the**
death either of the bailor or of the bailee.
**163. Bailor entitled to increase or profit from goods bailed.—In the absence of any contract to the**
contrary, the bailee is bound to deliver to the bailor, or according to his directions, any increase or profit
which may have accrued from the goods bailed.
_Illustration_
A leaves a cow in the custody of B to be taken care of. The cow has a calf. B is bound to deliver the calf as well as the cow
to A.
**164. Bailor’s responsibility to bailee.—The bailor is responsible to the bailee for any loss which the**
bailee may sustain by reason that the bailor was not entitled to make the bailment, or to receive back the
goods, or to give directions respecting them.
**165.Bailment by several joint owners.—If several joint owners of goods bail them, the bailee may**
deliver them back to, or according to the directions of, one joint owner without the consent of all in the
absence of any agreement to the contrary.
**166.Bailee not responsible on re-delivery to bailor without title.—If the bailor has no title to the**
goods, and the bailee, in good faith, delivers them back to, or according to the directions of, the bailor, the
bailee is not responsible to the owner in respect of such delivery[1].
**167.Right of third person claiming goods bailed.—If a person, other than the bailor, claims goods**
bailed he may apply to the Court to stop the delivery of the goods to the bailor, and to decide the title to
the goods.
**168.Right of finder of goods, may sue for specific reward offered.—The finder of goods has no**
right to sue the owner for compensation for trouble and expense voluntarily incurred by him to preserve
the goods and to find out the owner; but he may retain the goods against the owner until he receives such
compensation; and, where the owner has offered a specific reward for the return of goods lost, the finder
may sue for such reward, and may retain the goods until he receives it.
**169.When finder of thing commonly on sale may sell it.—When a thing which is commonly the**
subject of sale is lost, if the owner cannot with reasonable diligence be found, or if he refuses, upon
demand, to pay the lawful charges of the finder, the finder may sell it—
(1) when the thing is in danger of perishing or of losing the greater part of its value, or,
(2) when the lawful charges of the finder, in respect of the thing found, amount to two-thirds of
its value.
**170. Bailee’s particular lien.—Where the bailee has, in accordance with the purpose of the**
bailment, rendered any service involving the exercise of labour or skill in respect of the goods bailed, he
has, in the absence of a contract to the contrary, a right to retain such goods until he receives due
remuneration for the services he has rendered in respect of them.
_Illustrations_
(a) A delivers a rough diamond to B, a jeweller, to be cut and polished, which is accordingly done. B is entitled to retain the
stone till he is paid for the services he has rendered.
(b) A gives, cloth to B, a tailor, to make into a coat. B promises A to deliver the coat as soon as it is finished, and to give a
three months’ credit for the price. B is not entitled to retain the coat until he is paid.
1. See the Indian Evidence Act, 1872 (1 of 1872), s. 117.
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**171.General lien of bankers, factors, wharfingers, attorneys and policy-brokers.—Bankers,**
factors, wharfingers, attorneys of a High Court and policy-brokers may, in the absence of a contract to the
contrary, retain as a security for a general balance of account, any goods bailed to them; but no other
persons have a right to retain, as a security for such balance, goods bailed to them, unless there is an
express contract to that effect[1].
_Bailments of Pledges_
**172.“Pledge”“pawnor”,and “pawnee” defined.—The bailment of goods as security for payment of**
a debt or performance of a promise is called “pledge”. The bailor is in this case called the “pawnor”. The
bailee is called the “pawnee”.
**173.Pawnee’s right of retainer.—Thepawnee may retain the goods pledged, not only for payment of**
the debt or the performance of the promise, but for the interest of the debt, and all necessary expenses
incurred by him in respect of the possession or for the preservation of the goods pledged.
**174.Pawnee not to retain for debt or promise other than that for which goods pledged.**
**Presumption in case of subsequent advances.—The pawnee shall not, in the absence of a contract to**
that effect, retain the goods pledged for any debt or promise other than the debt or promise for which they
are pledged; but such contract, in the absence of anything to the contrary, shall be presumed in regard to
subsequent advances made by the pawnee.
**175. Pawnee’s right as to extraordinary expenses incurred.—Thepawnee is entitled to receive**
from the pawnor extraordinary expenses incurred by him for the preservation of the goods pledged.
**176. Pawnee’s right where pawnor makes default.—If the pawnor makes default in payment of the**
debt, or performance, at the stipulated time of the promise, in respect of which the goods were pledged,
the pawnee may bring a suit against the pawnor upon the debt or promise, and retain the goods pledged as
a collateral security; or he may sell the thing pledged, on giving the pawnor reasonable notice of the sale.
If the proceeds of such sale are less than the amount due in respect of the debt or promise, the pawnor
is still liable to pay the balance. If the proceeds of the sale are greater than the amount so due, the pawnee
shall pay over the surplus to the pawnor.
**177. Defaulting pawner’s right to redeem.—If a time is stipulated for the payment of the debt, or**
performance of the promise, for which the pledge is made, and the pawnor makes default in payment of
the debt or performance of the promise at the stipulated time, he may redeem the goods pledged at any
subsequent time before the actual sale of them[2]; but he must, in that case, pay, in addition, any expenses
which have arisen from his default.
**3[178. Pledge by mercantile agent.—Where a mercantile agent is, with the consent of the owner, in**
possession of goods or the document of title to goods, any pledge made by him, when acting in the
ordinary course of business of a mercantile agent, shall be as valid as if he were expressly authorised by
the owner of the goods to make the same; provided that the pawnee acts in good faith and has not at the
time of the pledge notice that the pawnor has not authority to pledge.
_Explanation.—In this section, the expressions “mercantile agent” and “documents of title” shall have_
the meanings assigned to them in the Indian Sale of Goods Act, 1930 (3 of 1930).
**178A. Pledge by person in possession under voidable contract.—When the pawnor has obtained**
possession of the goods pledged by him under a contract voidable under section 19 or section 19A, but
1. As to lien of an agent, see s. 221, infra. As to lien of a Railway Administration, see the Indian Railways Act, 1890 (9 of 1890),
s. 55.
2. For limitation, see the Limitation Act, 1963 (36 of 1963), the Second Schedule.
3. Ss. 178 and 178A subs. by Act 4 of 1930, s. 2, for the original s. 178.
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the contract has not been rescinded at the time of the pledge, the pawnee acquires a good title to the
goods, provided he acts in good faith and without notice of the pawnor’s defect of title.]
**179. Pledge where pawnor has only a limited interest.—Where a person pledges goods in which**
he has only a limited interest, the pledge is valid to the extent of that interest.
_Suits by bailees or bailors against wrong-doers_
**180.Suit by bailor or bailee against wrong-doer.—If a third person wrongfully deprives the bailee**
of the use or possession of the goods bailed, or does them any injury, the bailee is entitled to use such
remedies as the owner might have used in the like case if no bailment had been made; and either the
bailor or the bailee may bring a suit against a third person for such deprivation or injury.
**181. Apportionment of relief or compensation obtained by such suits.—Whatever is obtained by**
way of relief or compensation in any such suit shall, as between the bailor and the bailee, be dealt with
according to their respective interests.
CHAPTER X
AGENCY
_Appointment and authority of agents_
**182.“Agent” and “principal” defined.—An “agent” is a person employed to do any act for another,**
or to represent another in dealings with third persons. The person for whom such act is done, or who is so
represented, is called the “principal”.
**183. Who may employ agent.—Any person who is of the age of majority according to the law to**
which he is subject, and who is of sound mind, may employ an agent.
**184. Who may be an agent.—As between the principal and third persons, any person may become**
an agent, but no person who is not of the age of majority and of sound mind can become an agent, so as to
be responsible to his principal according to the provisions in that behalf herein contained.
**185. Consideration not necessary.—No consideration is necessary to create an agency.**
**186. Agent’s authority may be expressed or implied.—The authority of an agent may be expressed**
or implied[1].
**187. Definitions of express and implied authority.—An authority is said to be express when it is**
given by words spoken or written. An authority is said to be implied when it is to be inferred from the
circumstances of the case; and things spoken or written, or the ordinary course of dealing, may be
accounted circumstances of the case.
_Illustration_
A owns a shop in Serampore, living himself in Calcutta, and visiting the shop occasionally. The shop is managed by B, and
he is in the habit of ordering goods from C in the name of A for the purposes of the shop, and of paying for them out of A’s funds
with A’s knowledge. B has an implied authority from A to order goods from C in the name of A for the purposes of the shop.
**188. Extent of agent’s authority.—An agent, having an authority to do an act, has authority to do**
every lawful thing which is necessary in order to do such act.
An agent having an authority to carry on a business, has authority to do every lawful thing necessary
for the purpose, or usually done in the course, of conducting such business.
1. See, however, the Registration Act, 1908 (16 of 1908), s. 33; see also the Code of Civil Procedure, 1908 (5 of 1908), Sch. I,
Order III, rule 4.
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_Illustrations_
(a) A is employed by B, residing in London, to recover at Bombay a debt due to B. A may adopt any legal process necessary
for the purpose of recovering the debt, and may give a valid discharge for the same.
(b) A constitutes B his agent to carry on his business of a ship-builder. B may purchase timber and other materials, and hire
workmen, for the purpose of carrying on the business.
**189.Agent’s authority in an emergency.—An agent has authority, in an emergency, to do all such**
acts for the purpose of protecting his principal from loss as would be done by a person of ordinary
prudence, in his own case, under similar circumstances.
_Illustrations_
(a) An agent for sale may have goods repaired if it be necessary.
(b) A consigns provisions to B at Calcutta, with directions to send them immediately to C, at Cuttack. B may sell the
provisions at Calcutta, if they will not bear the journey to Cuttack without spoiling.
_Sub-Agents_
**190. When agent cannot delegate.—An agent cannot lawfully employ another to perform acts**
which he has expressly or impliedly undertaken to perform personally, unless by the ordinary custom of
trade a sub-agent may, or, from the nature of the agency, a sub-agent must, be employed.
**191. “Sub-agent” defined.—A “sub-agent” is a person employed by, and acting under the control of,**
the original agent in the business of the agency.
**192. Representation of principal by sub-agent properly appointed.—Where a sub-agent is**
properly appointed, the principal is, so far as regards third persons, represented by the sub-agent, and is
bound by and responsible for his acts, as if he were an agent originally appointed by the principal.
**Agent’s responsibility for sub-agent.—The agent is responsible to the principal for the acts of the**
sub-agent.
**Sub-agent’s responsibility.—The sub-agent is responsible for his acts to the agent, but not tothe**
principal, except in cases of fraud or wilful wrong.
**193. Agent’s responsibility for sub-agent appointed without authority.—Where an agent, without**
having authority to do so, has appointed a person to act as a sub-agent, the agent stands towards such
person in the relation of a principal to an agent, and is responsible for his acts both to the principal and to
third persons; the principal is not represented, by or responsible for the acts of the person so employed,
nor is that person responsible to the principal.
**194.Relation between principal and person duly appointed by agent to act in business of**
**agency.—Where an agent, holding an express or implied authority to name another person to act for the**
principal in the business of the agency, has named another person accordingly, such person is not a
sub-agent, but an agent of the principal for such part of the business of the agency as is entrusted to him.
_Illustrations_
(a)A directs B, his solicitor, to sell his estate by auction, and to employ an auctioneer for the purpose. B names C, an
auctioneer, to conduct the sale. C is not a sub-agent, but is A’s agent for the conduct of the sale.
(b)A authorizes B, a merchant in Calcutta, to recover the moneys due to A from C & Co. B instructs D, a solicitor, to take
legal proceedings against C & Co. for the recovery of the money. D is not a sub-agent, but is solicitor for A.
**195. Agent’s duty in naming such person.—In selecting such agent for his principal, an agent is**
bound to exercise the same amount of discretion as a man of ordinary prudence would exercise in his own
case; and, if he does this, he is not responsible to the principal for the acts or negligence of the agent so
selected.
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_Illustrations_
(a)A instructs B, a merchant, to buy a ship for him. B employs a ship-surveyor of good reputation to choose a ship for A.
The surveyor makes the choice negligently and the ship turns out to be unseaworthy and is lost. B is not, but the surveyor is,
responsible to A.
(b)A consigns goods to B, a merchant, for sale. B, in due course, employs an auctioneer in good credit to sell the goods of A,
and allows the auctioneer to receive the proceeds of the sale. The auctioneer afterwards becomes insolvent without having
accounted for the proceeds. B is not responsible to A for the proceeds.
_Ratification_
**196. Right of person as to acts done for him without his authority.** **Effect of ratification.—**
Where acts are done by one person on behalf of another, but without his knowledge or authority, he may
elect to ratify or to disown such acts. If he ratify them, the same effects will follow as if they had been
performed by his authority.
**197.Ratification may be expressed or implied.—Ratification may be expressed or may be implied**
in the conduct of the person on whose behalf the acts are done.
_Illustrations_
(a)A, without authority, buys goods for B. Afterwards B sells them to C on his own account; B’s conduct implies a
ratification of the purchase made for him by A.
(b)A, without B’s authority, lends B’s money to C. Afterwards B accepts interest on the money from C. B’s conduct implies
a ratification of the loan.
**198.Knowledge requisite for valid ratification.—No valid ratification can be made by a person**
whose knowledge of the facts of the case is materially defective.
**199.Effect of ratifying unauthorized act forming part of a transaction.—A person ratifying any**
unauthorized act done on his behalf ratifies the whole of the transaction of which such act formed a part.
**200.Ratification of unauthorized act cannot injure third person.—An act done by one person on**
behalf of another, without such other person’s authority, which, if done with authority, would have the
effect of subjecting a third person to damages, or of terminating any right or interest of a third person,
cannot, by ratification, be made to have such effect.
_Illustrations_
(a)A, not being authorized thereto by B, demands, on behalf of B, the delivery of a chattel, the property of B, from C, who is
in possession of it. This demand cannot be ratified by B, so as to make C liable for damages for his refusal to deliver.
(b)A holds a lease from B, terminable on three months’ notice. C, an unauthorized person, gives notice of termination to A.
The notice cannot be ratified by B, so as to be binding on A.
_Revocation of Authority_
**201. Termination of agency.—An agency is terminated by the principal revoking his authority; or**
by the agent renouncing the business of the agency; or by the business of the agency being completed; or
by either the principal or agent dying or becoming of unsound mind; or by the principal being adjudicated
an insolvent under the provisions of any Act for the time being in force for the relief of insolvent debtors.
**202.Termination of agency, where agent has an interest in subject-matter.—Where the agent has**
himself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the
absence of an express contract, be terminated to the prejudice of such interest.
_Illustrations_
(a) A gives authority to B to sell A’s land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot
revoke this authority, nor can it be terminated by his insanity or death.
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(b) A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton,
and to repay himself out of the price, the amount of his own advances. A cannot revoke this authority, nor is it terminated by his
insanity or death.
**203.When principal may revoke agent’s authority.—The principal may, save as is otherwise**
provided by the last preceding section, revoke the authority given to his agent at any time before the
authority has been exercised so as to bind the principal.
**204.Revocation where authority has been partly exercised.—The principal cannot revoke the**
authority given to his agent after the authority has been partly exercised, so far as regards such acts and
obligations as arise from acts already done in the agency.
_Illustrations_
(a)A authorizes B to buy 1,000 bales of cotton on account of A, and to pay for it out of A’s moneys remaining in B’s hands.
B buys 1,000 bales of cotton in his own name, so as to make himself personally liable for the price. A cannot revoke B’s
authority so far as regards payment for the cotton.
(b) A authorizes B to buy 1,000 bales of cotton on account of A, and to pay for it out of A’s moneys remaining in B’s hands.
B buys 1,000 bales of cotton in A’s name, and so as not to render himself personally liable for the price. A can revoke B’s
authority to pay for the cotton.
**205.Compensation for revocation by principal, or renunciation by agent.—Where there is an**
express or implied contract that the agency should be continued for any period of time, the principal must
make compensation to the agent, or the agent to the principal, as the case may be, for any previous
revocation or renunciation of the agency without sufficient cause.
**206. Notice of revocation or renunciation.—Reasonable notice must be given of such revocation or**
renunciation, otherwise the damage thereby resulting to the principal or the agent, as the case may be,
must be made good to the one by the other.
**207.Revocation and renunciation may be expressed or implied.—Revocation and renunciation**
may be expressed or may be implied in the conduct of the principal or agent respectively.
_Illustration_
A empowers B to let A’s house. Afterwards A lets it himself. This is an implied revocation of
B’s authority.
**208.When termination of agent’s authority takes effect as to agent, and as to third persons.—**
The termination of the authority of an agent does not, so far as regards the agent, take effect before it
becomes known to him, or, so far as regards third persons, before it becomes known to them.
_Illustrations_
(a) A directs B to sell goods for him, and agrees to give B five per cent. commission on the price fetched by the goods. A
afterwards, by letter, revoke B’s authority. B, after the letter is sent, but before he receives it, sells the goods for 100 rupees. The
sale is binding on A, and B is entitled to five rupees as his commission.
(b) A, at Madras, by letter, directs B to sell for him some cotton lying in a warehouse in Bombay, and afterwards, by letter,
revokes his authority to sell, and directs B to send the cotton to Madras. B, after receiving the second letter, enters into a contract
with C, who knows of the first letter, but not of the second, for the sale to him of the cotton. C pays B the money, with which B
absconds. C’s payment is good as against A.
(c) A directs B, his agent, to pay certain money to C. A dies, and D takes out probate to his will. B, after A’s death, but
before hearing of it, pays the money to C. The payment is good as against D, the executor.
**209.Agent’s duty on termination of agency by principal’s death or insanity.—When an agency is**
terminated by the principal dying or becoming of unsound mind, the agent is bound to take, on behalf of
the representatives of his late principal, all reasonable steps for the protection and preservation of the
interests entrusted to him.
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**210. Termination of sub-agent’s authority.—The termination of the authority of an agent causes**
the termination (subject to the rules herein contained regarding the termination of an agent’s authority) of
the authority of all sub-agents appointed by him.
_Agent’s duty to principal_
**211.Agent’s duty in conducting principal’s business.—An agent is bound to conduct the business**
of his principal according to the directions given by the principal, or, in the absence of any such
directions, according to the custom which prevails in doing business of the same kind at the place where
the agent conducts such business. When the agent acts otherwise, if any loss be sustained, he must make it
good to his principal, and if any profit accrues, he must account for it.
_Illustrations_
(a) A, an agent engaged in carrying on for B a business, in which it is the custom to invest from time to time, at interest, the
moneys which may be in hand, omits to make such investment. A must make good to B the interest usually obtained by such
investments.
(b) B, a broker, in whose business it is not the custom to sell on credit, sells goods of A on credit to C, whose credit at the
time was very high. C, before payment, becomes insolvent. B must make good the loss to A.
**212. Skill and diligence required from agent.—An agent is bound to conduct the business of the**
agency with as much skill as is generally possessed by persons engaged in similar business, unless the
principal has notice of his want of skill. The agent is always bound to act with reasonable diligence, and
to use such skill as he possesses; and to make compensation to his principal in respect of the direct
consequences of his own neglect, want of skill, or misconduct, but not in respect of loss or damage which
are indirectly or remotely caused by such neglect, want of skill, or misconduct.
_Illustrations_
(a)A, a merchant in Calcutta, has an agent, B, in London, to whom a sum of money is paid on A’s account, with orders to
remit. B retains the money for a considerable time. A, in consequence of not receiving the money, becomes insolvent. B is liable
for the money and interest from the day on which it ought to have been paid, according to the usual rate, and for any further
direct loss-as, e.g., by variation of rate of exchange-but not further.
(b)A, an agent for the sale of goods, having authority to sell on credit, sells to B on credit, without making the proper and
usual enquiries as to the solvency of B. B, at the time of such sale, is insolvent. A must make compensation to his principal in
respect of any loss thereby sustained.
(c)A, an insurance-broker employed by B to effect an insurance on a ship, omits to see that the usual clauses are inserted in
the policy. The ship is after wards lost. In consequence of the omission of the clauses nothing can be recovered from the
underwriters. A is bound to make good the loss to B.
(d)A, a merchant in England, directs B, his agent at Bombay, who accepts the agency, to send him 100 bales of cotton by a
certain ship. B, having it in his power to send the cotton, omits to do so. The ship arrives safely in England. Soon after her arrival
the price of cotton rises. B is bound to make good to A the profit which he might have made by the 100 bales of cotton at the time
the ship arrived, but not any profit he might have made by the subsequent rise.
**213.Agent’s accounts.—An agent is bound to render proper accounts to his principal on demand.**
**214.Agent’s duty to communicate with principal.—It is the duty of an agent, in cases of difficulty,**
to use all reasonable diligence in communicating with his principal, and in seeking to obtain his
instructions.
**215.Right of principal when agent deals, on his own account, in business of agency without**
**principal’s consent.—If an agent deals on his own account in the business of the agency, without first**
obtaining the consent of his principal and acquainting him with all material circumstances which have
come to his own knowledge on the subject, the principal may repudiate the transaction, if the case shows,
either that any material fact has been dishonestly concealed from him by the agent, or that the dealings of
the agent have been disadvantageous to him.
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_Illustrations_
(a)A directs B to sell A’s estate. B buys the estate for himself in the name of C. A, on discovering that B has bought the
estate for himself, may repudiate the sale, if he can show that B has dishonestly concealed any material fact, or that the sale has
been disadvantageous to him.
(b)A directs B to sell A’s estate B, on looking over the estate before selling it, finds a mine on the estate which is unknown
to A. B informs A that he wishes to buy the estate for himself, but conceals the discovery of the mine. A allows B to buy, in
ignorance of the existence of the mine. A, on discovering that B knew of the mine at the time he bought the estate, may either
repudiate or adopt the sale at his option.
**216. Principal’s right to benefit gained by agent dealing on his own account in business of**
**agency.—If an agent, without the knowledge of his principal, deals in the business of the agency on his**
own account instead of on account of his principal, the principal is entitled to claim from the agent any
benefit which may have resulted to him from the transaction.
_Illustration_
A directs B, his agent, to buy a certain house for him. B tells A it cannot be bought, and buys the house for himself. A may,
on discovering that B has bought the house, compel him to sell it to A at the price he gave for it.
**217.Agent’s right of retainer out of sums received on principal’s account.—An agent may retain,**
out of any sums received on account of the principal in the business of the agency, all moneys due to
himself in respect of advances made or expenses properly incurred by him in conducting such business,
and also such remuneration as may be payable to him for acting as agent.
**218. Agent’s duty to pay sums received for principal.—Subject to such deductions, the agent is**
bound to pay to his principal all sums received on his account.
**219.When agent’s remuneration becomes due.—In the absence of any special contract, payment**
for the performance of any act is not due to the agent until the completion of such act; but an agent may
detain moneys received by him on account of goods sold, although the whole of the goods consigned to
him for sale may not have been sold, or although the sale may not be actually complete.
**220.Agent not entitled to remuneration for business misconducted.—An agent who is guilty of**
misconduct in the business of the agency, is not entitled to any remuneration in respect of that part of the
business which he has misconducted.
_Illustrations_
(a) A employs B to recover, 1,00,000 rupees from C, and to lay it out on good security. B recovers the 1,00,000 rupees; and
lays out 90,000 rupees on good security, but lays out 10,000 rupees on security which he ought to have known to be bad,
whereby A loses 2,000 rupees. B is entitled to remuneration for recovering the 1,00,000 rupees and for investing the 90,000
rupees. He is not entitled to any remuneration for investing the 10,000 rupees, and he must make good the 2,000 rupees to B.
(b)A employs B to recover 1,000 rupees from C. Through B’s misconduct the money is not recovered. B is entitled to no
remuneration for his services, and must make good the loss.
**221. Agent’s lien on principal’s property.—In the absence of any contract to the contrary, an agent**
is entitled to retain goods, papers and other property, whether movable or immovable of the principal
received by him, until the amount due to himself for commission, disbursements and services in respect
of the same has been paid or accounted for to him.
_Principal’s duty to agent_
**222.Agent to be indemnified against consequences of lawful acts.—The employer of an agent is**
bound to indemnify him against the consequences of all lawful acts done by such agent in exercise of the
authority conferred upon him.
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_Illustrations_
(a)B, at Singapur, under instructions from A of Calcutta, contracts with C to deliver certain goods to him. A does not send
the goods to B, and C sues B for breach of contract. B informs A of the suit, and A authorizes him to defend the suit. B defends
the suit, and is compelled to pay damages and costs, and incurs expenses. A is liable to B for such damages, costs and expenses.
(b)B, a broker at Calcutta, by the orders of A, a merchant there, contracts with C for the purchase of 10 casks of oil for A.
Afterwards A refuses to receive the oil, and C sues B. B informs A, who repudiates the contract altogether. B defends, but
unsuccessfully, and has to pay damages and costs and incurs expenses. A is liable to B for such damages, costs and expenses.
**223.Agent to be indemnified against consequences of acts done in good faith.—Where one person**
employs another to do an act, and the agent does the act in good faith, the employer is liable to indemnify
the agent against the consequences of that act, though it cause an injury to the rights of third persons.
_Illustrations_
(a)A, a decree-holder and entitled to execution of B’s goods, requires the officer of the Court to seize certain goods,
representing them to be the goods of B. The officer seizes the goods, and is sued by C, the true owner of the goods. A is liable to
indemnify the officer for the sum which he is compelled to pay to C, in consequence of obeying A’s directions.
(b)B, at the request of A, sells goods in the possession of A, but which A had no right to dispose of, B does not know this,
and hands over the proceeds of the sale to A. Afterwards C, the true owner of the goods, sues B and recovers the value of the
goods and costs. A is liable to indemnify B for what he has been compelled to pay to C, and for B’s own expenses.
**224.Non-liability of employer of agent to do a criminal act.—Where one person employs another**
to do an act which is criminal, the employer is not liable to the agent, either upon an express or an implied
promise, to indemnify him against the consequences of that Act[1].
_Illustrations_
(a) A employs B to beat C, and agrees to indemnify him against all consequences of the act. B thereupon beats C, and has to
pay damages to C for so doing. A is not liable to indemnify B for those damages.
(b)B, the proprietor of a newspaper, publishes, at A’s request, a libel upon C in the paper, and A agrees to indemnify B
against the consequences of the publication, and all costs and damages of any action in respect thereof. B is sued by C and has to
pay damages, and also incurs expenses. A is not liable to B upon the indemnity.
**225.Compensation to agent for injury caused by principal’s neglect.—The principal must make**
compensation to his agent in respect of injury[2]caused to such agent by the principal’s neglect or want of
skill.
_Illustration_
A employs B as a bricklayer in building a house, and puts up the scaffolding himself. The scaffolding is unskilfully put up,
and B is in consequence hurt. A must make compensation to B.
_Effect of agency on contracts with third persons_
**226. Enforcement and consequences of agent’s contracts.—Contracts entered into through an**
agent, and obligations arising from acts done by an agent, may be enforced in the same manner, and will
have the same legal consequences, as if the contracts had been entered into and the acts done by the
principal in person.
_Illustrations_
(a)A buys goods from B, knowing that he is an agent for their sale, but not knowing who is the principal. B’s principal is the
person entitled to claim from A the price of the goods, and A cannot, in a suit by the principal, set-off against that claim a debt
due to himself from B.
1. See s. 24, supra.
2. Cf. the Indian Fatal Accidents Act, 1855 (13 of 1855).
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(b)A, being B’s agent, with authority to receive money on his behalf, receives from C a sum of money due to B. C is
discharged of his obligation to pay the sum in question to B.
**227. Principal how far bound, when agent exceeds authority.—When an agent does more than he**
is authorized to do, and when the part of what he does, which is within his authority, can be separated
from the part which is beyond his authority, so much only of what he does as is within his authority is
binding as between him and his principal.
_Illustration_
A, being owner of a ship and cargo, authorizes B to procure an insurance for 4,000 rupees on the ship. B procures a policy
for 4,000 rupees on the ship, and another for the like sum on the cargo. A is bound to pay the premium for the policy on the ship,
but not the premium for the policy on the cargo.
**228.Principal not bound when excess of agent’s authority is not separable.—Where an agent**
does more than he is authorized to do, and what he does beyond the scope of his authority cannot be
separated from what is within it, the principal is not bound to recognize the transaction.
_Illustration_
A authorizes B to buy 500 sheep for him. B buys 500 sheep and 200 lambs for one sum of 6,000 rupees. A may repudiate
the whole transaction.
**229.Consequences of notice given to agent.—Any notice given to or information obtained by the**
agent, provided it be given or obtained in the course of the business transacted by him for the principal,
shall, as between the principal and third parties, have the same legal consequences as if it had been given
to or obtained by the principal.
_Illustrations_
(a)A is employed by B to buy from C certain goods, of which C is the apparent owner, and buys them accordingly. In the
course of the treaty for the sale, A learns that the goods really belonged to D, but B is ignorant of that fact. B is not entitled to
set-off a debt owing to him from C against the price of the goods.
(b)A is employed by B to buy from C goods of which C is the apparent owner. A was, before he was so employed, a servant
of C, and then learnt that the goods really belonged to D, but B is ignorant of that fact. In spite of the knowledge of his agent, B
may set-off against the price of the goods a debt owing to him from C.
**230.Agent cannot personally enforce, nor be bound by, contracts on behalf of principal.—In the**
absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on
behalf of his principal, nor is he personally bound by them.
**Presumption of contract to contrary—Such a contract shall be presumed to exist in the following**
cases:—
(1) where the contract is made by an agent for the sale or purchase of goods for a merchant
resident abroad;
(2) where the agent does not disclose the name of his principal;
(3) where the principal, though disclosed, cannot be sued.
**231.Rights of parties to a contract made by agent not disclosed.—If an agent makes a contract**
with a person who neither knows, nor has reason to suspect, that he is an agent, his principal may require
the performance of the contract; but the other contracting party has, as against the principal, the same
rights as he would have had as against the agent if the agent had been principal.
If the principal discloses himself before the contract is completed, the other contracting party may
refuse to fulfil the contract, if he can show that, if he had known who was the principal in the contract, or
if he had known that the agent was not a principal, he would not have entered into the contract.
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**232. Performance of contract with agent supposed to be principal.—Where one man makes a**
contract with another, neither knowing nor having reasonable ground to suspect that the other is an agent,
the principal, if he requires the performance of the contract, can only obtain such performance subject to
the rights and obligations subsisting between the agent and the other party to the contract.
_Illustration_
A, who owes 500 rupees to B, sells 1,000 rupees worth of rice to B. A is acting as agent for C in the transaction, but B has
no knowledge nor reasonable ground of suspicion that such is the case. C cannot compel B to take the rice without allowing him
to set-off A’s debt.
**233.Right of person dealing with agent personally liable.—In cases where the agent is personally**
liable, a person dealing with him may hold either him or his principal, or both of them, liable.
_Illustration_
A enters into a contract with B to sell him 100 bales of cotton, and afterwards discovers that B was acting as agent for C. A
may sue either B or C, or both, for the price of the cotton.
**234. Consequence of inducing agent or principal to act on belief that principal or agent will be**
**held exclusively liable.—When a person who has made a contract with an agent induces the agent to act**
upon the belief that the principal only will be held liable, or induces the principal to act upon the belief
that the agent only will be held liable, he cannot afterwards hold liable the agent or principal respectively.
**235. Liability of pretended agent.—A person untruly representing himself to be the authorized**
agent of another, and thereby inducing a third person to deal with him as such agent, is liable, if his
alleged employer does not ratify his acts, to make compensation to the other in respect of any loss or
damage which he has incurred by so dealing.
**236.Person falsely contracting as agent not entitled to performance.—A person with whom a**
contract has been entered into in the character of agent, is not entitled to require the performance of it, if
he was in reality acting, not as agent, but on his own account.
**237.Liability of principal inducing belief that agent’s unauthorized acts were authorized.—**
When an agent has, without authority, done acts or incurred obligations to third persons on behalf of his
principal, the principal is bound by such acts or obligations, if he has by his words or conduct induced
such third persons to believe that such acts and obligations were within the scope of the agent’s authority.
_Illustrations_
(a) A consigns goods to B for sale, and gives him instructions not to sell under a fixed price. C, being ignorant of B’s
instructions, enters into a contract with B to buy the goods at a price lower than the reserved price. A is bound by the contract.
(b) A entrusts B with negotiable instruments endorsed in blank. B sells them to C in violation of private orders from A. The
sale is good.
**238. Effect, on agreement, of misrepresentation of fraud, by agent.—Misrepresentation made, or**
frauds committed, by agents acting in the course of their business for their principals, have the same
effect on agreements made by such agents as if such misrepresentations or frauds had been made or
committed by the principals; but misrepresentations made, or frauds committed, by agents, in matters
which do not fall within their authority, do not affect their principals.
_Illustrations_
(a) A, being B’s agent for the sale of goods, induces C to buy them by a misrepresentation, which he was not authorized by
B to make. The contract is voidable, as between B and C, at the option of C.
(b) A, the captain of B’s ship, signs bills of lading without having received on board the goods mentioned therein. The bills
of lading are void as between B and the pretended cosignor.
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CHAPTER XI.—[OF PARTNERSHIP.]Rep. by the Indian Partnership Act, 1932 (9 _of 1932), s._ 73
_and the Second Schedule._
**239. [‘Partnership’ defined.] Rep. by s. 73 and the Second Schedule, ibid.**
**240. [Lender not a partner by advancing money for share of profits.] Rep. by s. 73 and the Second**
_Schedule, ibid._
**241. [Property left in business by retiring partner, or decreased partner’s preventative.] Rep. by s. 73**
_and the Second Schedule, ibid._
**242. [Servant or agent remunerated by share of profits, not a partner.] Rep. by s. 73 and the Second**
_Schedule, ibid._
**243. [Widow or child of deceased partner receiving annuity out of profits, not a partner.] Rep. by s.**
73 and the Second Schedule, ibid.
**244. [Person receiving portion of profits for sale of good-will, no a partner.] Rep. by s. 73 and the**
_Second Schedule, ibid._
**245. [Responsibility of person leading another to believe him a partner.] Rep. by s. 73 and the Second**
_Schedule, ibid._
**246. [Liability of person permitting him self to be represented as a partner.] Rep. by s. 73 and the**
_Second Schedule, ibid._
**247. [Minor partner not personally liable, but his share is.] Rep. by s. 73 and the Second Schedule,**
ibid.
**248. [Liability of minor partner on attaining majority.] Rep. by s. 73 and the Second Schedule, ibid**
**249. [Partner’s liability for debts of partnership.] Rep. bys. 73 and the Second Schedule, ibid.**
**250. [Partner’s liability to third person for neglect or fraud of co-partner.]** _Rep. by s. 73_ _and the_
_Second Schedule, ibid._
**251. [Partner’s power to bind co-partners.] Rep. by s. 73 and the Second Schedule, ibid.**
**252. [Annulment of contract defining partner’s rights and obligations.] Rep. by s. 73 and the Second**
_Schedule, ibid._
**253. [Rules determining partner’s mutual relations, where no contract to contrary.] Rep. by s. 73 and**
_the Second Schedule, ibid._
**254. [When Court may dissolve partnership.] Rep. by s. 73 and the Second Schedule, ibid.**
**255. [Dissolution of partnership by prohibition of business.] Rep. by s. 73 and the Second Schedule,**
ibid.
**256. [Rights and obligations of partners in partnership continued after expiry of term for which it was**
_entered into.] Rep. by s. 73 and the Second Schedule, ibid._
**257. [General duties of partners.] Rep. by s. 73 and the Second Schedule, ibid**
**258. [Account, to firm, of benefit derived from transaction affecting partnership.]Rep. by s. 73 and the**
_Second Schedule, ibid._
**259. [Obligations, to firm, of partner carrying on business.] Rep. by s. 73 and the Second Schedule,**
_ibid._
52
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**260. [Revocation of continuing guarantee by charge by change in firm.]** _Rep. by the Indian_
_Partnership Act, 1932 (9 of 1932), s. 73 and the Second Schedule._
**261. [Non-liability of deceased partner’s estate for subsequent obligations.]** _Rep._ _by s. 73_ _and the_
_Second Schedule, ibid._
**262. [Payment of partnership debts, and of separate debts.] Rep. by s. 73and the Second Schedule,**
ibid.
**263. [Continuance, of partners rights and obligations after dissolution.] Rep. by s. 73and the Second**
_Schedule, ibid._
**264. [Notice of dissolution.] Rep. by s. 73and the Second Schedule, ibid.**
**265. [Right of partners to apply for winding-up after termination of partnership.] Rep. by s. 73 and**
_the Second Schedule, ibid._
**266. [Limited-liability partnerships, incorporate partnerships, and joint-stock companies.] Rep. by s.**
73and the Second Schedule, ibid.
SCHEDULE.—[Enactments repealed.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914),
_s. 3 and the Second Schedule._
53
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|
18-Jul-1872 | 15 | The Indian Christian Marriage Act, 1872 | https://www.indiacode.nic.in/bitstream/123456789/2186/1/A1872-15.pdf | central | PREAMBLE
SECTIONS
1. Short title.
Extent.
# THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
________
ARRANGEMENT OF SECTIONS
________
PRELIMINARY
2. [Repealed.].
3. Interpretation clause.
PART I
THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED
4. Marriages to be solemnized according to Act.
5. Persons by whom marriages may be solemnized.
6. Grant and revocation of licenses to solemnize marriages.
7. Marriage Registrars.
Senior Marriage Registrar.
Magistrate when to be marriage Registrar.
8. [Repealed.].
9. Licensing of persons to grant certificates of marriage between Indian Christians.
PART II
TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED
10. Time for solemnizing marriage.
Exceptions.
11. Place for solemnizing marriage.
Fee for special license.
PART III
MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT
12. Notice of intended marriage.
13. Publication of such notice.
Return or transfer of notice.
14. Notice of intended marriage in private dwelling.
15. Sending copy of notice to Marriage Registrar when one party is a minor.
16. Procedure on receipt of notice.
17. Issue of certificate of notice given and declaration made.
Proviso.
18. Declaration before issue of certificate.
19. Consent of father, or guardian, or mother.
20. Power to prohibit by notice issue of certificate.
21. Procedure on receipt of notice.
22. Issue of certificate in case of minority.
23. Issue of certificates to Indian Christians.
1
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SECTIONS
24. Form of certificate.
25. Solemnization of marriage.
26. Certificate void if marriage not solemnized within two months.
PART IV
REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION
27. Marriages when to be registered.
28. Registration of marriages solemnized by Clergymen of Church of England.
29. Quarterly returns to Archdeaconry.
Contents of returns.
30. Registration and returns of marriages solemnized by Clergymen of Church of Rome.
31. Registration and returns of marriages solemnized by Clergymen of Church of Scotland.
32. Certain marriages to be registered in duplicate.
33. Entries of such marriages to be signed and attested.
34. Certificate to be forwarded to Marriage Registrar, copied and sent to Registrar General.
35. Copies of certificates to be entered and numbered.
36. Registrar to add number of entry to certificate, and send to Registrar General.
37. Registration of marriages between Indian Christians, by persons referred to in clauses (1), (2) and
(3) of section 5.
Custody and disposal of register-book.
PART V
MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR
38. Notice of intended marriage before Marriage Registrar.
39. Publication of notice.
40. Notice to be filed and copy entered in Marriage Notice Book.
41. Certificate of notice given and oath made.
Proviso.
42. Oath before issue of certificate.
43. Petition to High Court to order certificate in less than fourteen days.
Order on petition.
44. Consent of father or guardian.
Protest against issue of certificate.
Effect of protest.
45. Petition where person whose consent is necessary is insane, or unjustly withholds consent.
Procedure on petition.
46. Petition when Marriage Registrar refuses certificate.
Procedure on petition.
47. [Repealed.].
48. Petition when Registrar doubts authority of person for bidding.
Procedure on petition.
49. Liability for frivolous protest against issue of certificate.
50. Form of certificate.
51. Solemnization of marriage after issue of certificate.
52. When marriage not had within two months after notice, new notice required.
53. Marriage Registrar may ask for particulars to be registered.
54. Registration of marriages solemnized under part V.
2
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SECTIONS
55. Certificates to be sent monthly to Registrar General.
Custody of register-book.
56. [Repealed.].
57. Registrars to ascertain that notice and certificate are understood by Indian Christians.
58. Indian Christians to be made to understand declarations.
59. Registration of marriages between Indian Christians.
PART VI
MARRIAGE OF INDIAN CHRISTIANS
60. On what conditions marriages of Indian Christians may be certified.
61. Grant of certificate.
62. Keeping of register-book and deposit of extracts therefrom with Registrar General.
63. Searches in register-book and copies of entries.
64. Books in which marriages of Indian Christians under Part I or Part III are registered.
65. Part VI not to apply to Roman Catholics.
Saving of certain marriages.
PART VII
PENALTIES
66. False oath, declaration, notice or certificate for procuring marriage.
67. Forbidding, by false personation issue of certificate by Marriage Registrar.
68. Solemnizing marriage without due authority.
69. Solemnizing marriage out of proper time, or without witnesses.
Saving of marriages solemnized under special license.
70. Solemnizing without notice or within fourteen days after notice, marriage with minor.
71. Issuing certificate, or marrying, without publication of notice;
Marrying after expiry of notice;
Solemnizing, marriage with minor within fourteen days, without authority of Court, or without
sending copy of notice;
issuing certificate against authorized prohibition.
72. Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or
against authorized prohibition.
73. Persons authorized to solemnize marriage (other than Clergy of Churches of England, Scotland or
Rome);
issuing certificate, or marrying, without publishing notice, or after expiry of
certificate;
issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice;
issuing certificate authorizedly forbidden;
solemnizing marriage authorizedly forbidden.
74. Unlicensed person granting certificate pretending to be licensed.
75. Destroying or falsifying register-books.
76. Limitation of prosecutions under Act.
PART VIII
MISCELLANEOUS
77. What matters need not be proved in respect of marriage in accordance with Act.
78. Corrections of errors.
79. Searches and copies of entries.
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SECTIONS
80. Certified copy of entry in marriage-register, etc., to be evidence.
81. Certificates of certain marriages to be sent to Central Government.
82. State Government to prescribe fees.
83. Power to make rules.
84. [Repealed.].
85. Power to declare who shall be District Judge.
86. [Repealed.].
87. Saving of Consular marriages.
88. Non-validation of marriages within prohibited degrees.
SCHEDULE I.—NOTICE OF MARRIAGE.
SCHEDULE II.—CERTIFICATE OF RECEIPT OF NOTICE.
SCHEDULE III.—FORM OR REGISTER OF MARRIAGES.
SCHEDULE IV.—MARRIAGE REGISTER-BOOK.
CERTIFICATE OF MARRIAGE.
SCHEDULE V.—[Repealed.].
4
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# THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
ACT NO. 15 OF 1872
[18th July, 1872.]
# An Act to consolidate and amend the law relating to the solemnization in India of the marriages
of Christians.
PREAMBLE.—WHEREAS it is expedient to consolidate and amend the law relating to the solemnization
in India of the marriages of persons professing the Christian religion; It is hereby enacted as follows:—
PRELIMINARY
**1. Short title.—This Act may be called the Indian Christian Marriage Act, 1872.**
**Extent.—[1][It extends to the whole of India [2][except [3][the territories which, immediately before the 1st**
November, 1956, were comprised in the States] of Travancore-Cochin, Manipur and [4]***].][5]
6* - - -
**2. [Enactments repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.**
**3. Interpretation clause.—In this Act, unless there is something repugnant in the subject or**
context,—
“Church of England” and “Anglican”.—mean and apply to the Church of England as by law
established;
“Church of Scotland”.—means the Church of Scotland as by law established;
“Church of Rome” and “Roman Catholic”.—mean and apply to the Church which regards the Pope
of Rome as its spiritual head;
“Church”.—includes any chapel or other building generally used for public Christian worship;
7[“India”.—means the 8[territories] to which this Act extends;]
“minor”.—“minor” means a person who has not completed the age of twenty-one years and who is
not a widower or a widow;
9* - - -
the expression “Christians” means persons professing the Christian religion;
10[and the expression “Indian Christians” includes the Christian descendants of natives of India
converted to Christianity, as well as such converts;]
1. Subs. by A.O. 1950 for the second para., as amended by A.O. 1937 and A.O. 1948. [NOTE:--The Act does not extend to the
State of Manipur, vide Act 30 of 1950, s. 3(2A) and Sch. As amended by Act 68 of 1956, s. 2. The Act has been extended to and
brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. I.]
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “except Part B States”.
3. Subs. by the Adaption of Laws (No. 2) Order, 1956, for “the States”.
4. The words “State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
5. In its application to Pondicherry, in section 1, the following proviso shall be added at the end of section 1—
“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”—
(vide Act 26 of 1968).
6. The commencement cl. rep. by Act 16 of 1874, s. 1 and the Schedule.
7. Ins. by Act 3 of 1951, s. 3 and Sch.
8. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “territory comprised in the States”.
9. The definition of “Native State” omitted by the A.O. 1937.
10. Subs. by A.O. 1950, for the definition.
5
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1[“Registrar General of Births, Deaths and Marriages”.—means a Registrar General of Births, Deaths
and Marriages appointed under the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886).]
PART I
THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED
**4. Marriages to be solemnized according to Act.—Every marriage between persons, one or both of**
whom is [2][or are] a Christian or Christians, shall be solemnized in accordance with the provisions of the
next following section; and any such marriage solemnized otherwise than in accordance with such
provisions shall be void.
**5. Persons by whom marriages may be solemnized.—Marriages may be solemnized in [3][India]—**
(1) by any person who has received episcopal ordination, provided that the marriage be
solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a
Minister;
(2) by any Clergyman of the Church of Scotland, provided that such marriage be solemnized
according to the rules, rites, ceremonies and customs of the Church of Scotland;
(3) by any Minister of Religion licensed under this Act to solemnize marriages;
(4) by, or in the presence of, a Marriage Registrar appointed under this Act;
(5) by any person licensed under this Act to grant certificates of marriage between [4][Indian]
Christians.
5[6. Grant and revocation of licenses to solemnize marriages.—The State Government, so far as
regards the territories under its administration, [6]*** may, by notification in the Official Gazette [7]***,
grant licenses to Ministers of Religion to solemnize marriages within such territories [8]*** and may, by a
like notification revoke such licenses.]
**7. Marriage Registrars.—The State Government may appoint one or more Christians, either by**
name or as holding any office for the time being, to be the Marriage Registrar or Marriage Registrars for
any district subject to its administration.
**Senior Marriage Registrar.—Where there are more Marriage Registrars than one in any district, the**
State Government shall appoint one of them to be the Senior Marriage Registrar.
**Magistrate when to be Marriage Registrar.—When there is only one Marriage Registrar in a**
district, and such Registrar is absent from such district, or ill, or when his office is temporarily vacant, the
Magistrate of the district shall act as, and be, Marriage Registrar thereof during such absence, illness, or
temporary vacancy.
**STATE AMENDMENT**
**KARNATAKA**
In section 7, for the words, “Magistrate of the district” the words “District Magistrate” shall be substituted.
[Vide Karnataka Act 13 of 1965, s. 67 and Schedule.]
**8. [Marriage Registrars in Indian States.]—Rep., by the A. O. 1950.**
**9. Licensing of persons to grant certificates of marriage between Indian Christians.—The State**
Government [9]*** may grant a license to any Christian, either by name or as holding any office for the
time being, authorizing him to grant certificates of marriage between [4][Indian] Christians.
1. Ins. by Act 6 of 1886, s. 30.
2. Ins. by Act 12 of 1891, s. 2 and the Second Schedule.
3. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and Part C States”.
4. Subs. by the A. O. 1950, for “Native”.
5. Subs. by Act 2 of 1891, s. 1, for s. 6.
6. The words “and the Central Government, so far as regards any Indian State” omitted by the A.O. 1950.
7. The words “or in the Gazette of India, as the case may be” omitted by the A.O. 1937.
8. The words “and State, respectively,” omitted by the A.O. 1950.
9. The words and brackets “or (so far as regard any Indian State) the Central Government” omitted by the A.O. 1950.
6
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Any such license may be revoked by the authority by which it was granted, and every such grant or
revocation shall be notified in the Official Gazette.
PART II
TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED
**10. Time for solemnizing marriage.—Every marriage under this Act shall be solemnized between**
the hours of six in the morning and seven in the evening:
**Exceptions.—Provided that nothing in this section shall apply to—**
(1) a Clergyman of the Church of England solemnizing a marriage under a special license
permitting him to do so at any hour other than between six in the morning and seven in the
evening, under the hand and seal of the Anglican Bishop of the Diocese or his Commissary, or
(2) a Clergyman of the Church of Rome solemnizing a marriage between the hours of seven
in the evening and six in the morning, when he has received a general or special license in that
behalf from the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so
solemnized, or from such person as the same Bishop has authorized to grant such license, [1][or
(3) a Clergyman of the Church of Scotland solemnizing a marriage according to the rules,
rites, ceremonies and customs of the Church of Scotland.]
**11. Place for solemnizing marriage.—No Clergyman of the Church of England shall solemnize a**
marriage in any place other than a church[2][where worship is generally held according to the forms of the
Church of England],
unless there is no [2][such] church within five miles distance by the shortest road from such place, or
unless he has received a special license authorizing him to do so under the hand and seal of the
Anglican Bishop of the Diocese or his Commissary.
**Fee for special license.—For such special license, the Registrar of the Diocese may charge such**
additional fee as the said Bishop from time to time authorizes.
PART III
MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT
**12. Notice of intended marriage.—Whenever a marriage is intended to be solemnized by a Minister**
of Religion licensed to solemnize marriages under this Act—
one of the persons intending marriage shall give notice in writing, according to the form contained in
the First Schedule hereto annexed, or to the like effect, to the Minister of Religion whom he or she desires
to solemnize the marriage, and shall state therein—
(a) the name and surname, and the profession or condition, of each of the persons intending
marriage,
(b) the dwelling-place of each of them,
(c) the time during which each has dwelt there, and
(d) the church or private dwelling in which the marriage is to be solemnized:
Provided that, if either of such persons has dwelt in the place mentioned in the notice during more
than one month, it may be stated therein that he or she has dwelt there one month and upwards.
**13. Publication of such notice.—If the persons intending marriage desire it to be solemnized in a**
particular church, and if the Minister of Religion to whom such notice has been delivered be entitled to
officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church.
1. Ins. by Act 2 of 1891, s. 2.
2. Ins. by s. 3, ibid.
7
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**Return or transfer of notice.—But if he is not entitled to officiate as a Minister in such church, he**
shall, at his option, either return the notice, to the person who delivered it to him, or deliver it to some
other Minister entitled to officiate therein, who shall thereupon cause the notice to be affixed as aforesaid.
**14. Notice of intended marriage in private dwelling.—If it be intended that the marriage shall be**
solemnized in a private dwelling, the Minister of Religion, on receiving the notice prescribed in
section 12, shall forward it to the Marriage Registrar of the district, who shall affix the same to some
conspicuous place in his own office.
**15. Sending copy of notice to Marriage Registrar when one party is a minor.—When one of the**
persons intending marriage is a minor, every Minister receiving such notice shall, unless within
twenty-four hours after its receipt he returns the same under the provisions of section 13, send by the post
or otherwise a copy of such notice to the Marriage Registrar of the district, or, if there be more than one
Registrar of such district, to the Senior Marriage Registrar.
**16. Procedure on receipt of notice.—The Marriage Registrar or Senior Marriage Registrar, as the**
case may be, on receiving any such notice, shall affix it to some conspicuous place in his own office, and
the latter shall further cause a copy of the said notice to be sent to each of the other Marriage Registrars in
the same district, who shall likewise publish the same in the manner above directed.
**17. Issue of certificate of notice given and declaration made.—Any Minister of Religion**
consenting or intending to solemnize any such marriage as aforesaid, shall, on being required so to do by
or on behalf of the person by whom the notice was given, and upon one of the persons intending marriage
making the declaration herein after required, issue under his hand a certificate of such notice having been
given and of such declaration having been made:
**Proviso.—Provided—**
(1) that no such certificate shall be issued until the expiration of four days after the date of the
receipt of the notice by such Minister;
(2) that no lawful impediment be shown to his satisfaction why such certificate should not issue;
and
(3) that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by
any person authorized in that behalf.
**18. Declaration before issue of certificate.—The certificate mentioned in section 17 shall not be**
issued until one of the persons intending marriage has appeared personally before the Minister and made
a solemn declaration—
(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful
hindrance, to the said marriage,
And, when either or both of the parties is or are a minor or minors,
(b) that the consent or consents required by law has or have been obtained thereto, or that there is
no person resident in India having authority to give such consent, as the case may be.
**19. Consent of father, or guardian, or mother.—The father, if living, of any minor, or, if the father**
be dead the guardian of the person of such minor, and, in case there be no such guardian, then the mother
of such minor, may give consent to the minor’s marriage,
and such consent is hereby required for the same marriage, unless no person authorized to give such
consent be resident in India.
**20. Power to prohibit by notice issue of certificate.—Every person whose consent to a marriage is**
required under section 19, is hereby authorized to prohibit the issue of the certificate by any Minister, at
any time before the issue of the same, by notice in writing to such Minister, subscribed by the person so
authorized with is or her name and place of abode and position with respect to either of the persons
intending marriage, by reason of which he or she is so authorized as aforesaid.
**21. Procedure on receipt of notice.—If any such notice be received by such Minister, he shall not**
issue his certificate and shall not solemnize the said marriage until he has examined into the matter of the
said prohibition, and is satisfied that the person prohibiting the marriage has no lawful authority for such
prohibition,
8
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or until the said notice is withdrawn by the person who gave it.
**22. Issue of certificate in case of minority.—When either of the persons intending marriage is a**
minor, and the Minister is not satisfied that the consent of the person whose consent to such marriage is
required by section 19 has been obtained, such Minister shall not issue such certificate until the expiration
of fourteen days after the receipt by him of the notice of marriage.
**23. Issue of certificates to Indian Christians.—When any[1][Indian] Christians about to be married**
takes a notice of marriage to a Minister of Religion, or applies for a certificate from such Minister under
section 17, such Minister shall, before issuing the certificate, ascertain whether such [1][Indian] Christians
is cognizant of the purport and effect of the said notice or certificate, as the case may be, and, if not, shall
translate or cause to be translated the notice or certificate to such [1][Indian] Christian into some language
which he understands.
**24. Form of certificate.—The certificate to be issued by such Minister shall be in the form contained**
in the Second Schedule hereto annexed, or to the like effect.
**25. Solemnization of marriage.—After the issue of the certificate by the Minister, marriage may be**
solemnized between the persons therein described according to such form or ceremony as the Minister
thinks fit to adopt:
Provided that the marriage be solemnized in the presence of at least two witnesses besides the
Minister.
**26. Certificate void if marriage not solemnized within two months.—Whenever a marriage is not**
solemnized within two months after the date of the certificate issued by such Minister as aforesaid, such
certificate and all proceedings (if any) thereon shall be void,
and no person shall proceed to solemnize the said marriage until new notice has been given and a
certificate thereof issued in manner aforesaid.
PART IV
REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION
**27. Marriages when to be registered.—All marriages hereafter solemnized in** [2][India] between
persons one or both of whom professes or profess the Christian religion, except marriages solemnized
under Part V or Part VI of this Act, shall be registered[3] in manner hereinafter prescribed.
**28. Registration of marriages solemnized by Clergymen of Church of England.—Every**
Clergyman of the Church of England shall keep a register of marriages and shall register therein,
according to the tabular form set forth in the Third Schedule hereto annexed, every marriage which he
solemnizes under this Act.
**29. Quarterly returns to Archdeaconry.—Every Clergyman of the Church of England shall send**
four times in every year returns induplicate, authenticated by his signature, of the entries in the register of
marriages solemnized at any place where he has any spiritual charge, to the Registrar of the Archdeaconry
to which he is subject, or within the limits of which such place is situate.
**Contents of returns.—Such quarterly returns shall contain all the entries of marriages contained in**
the said register from the first day of January to the thirty-first day of March, from the first day of April to
the thirtieth day of June, from the first day of July to the thirtieth day of September, and from the first day
of October to the thirty-first day of December, of each year, respectively, and shall be sent by such
Clergyman within two weeks from the expiration of each of the quarters above specified.
The said Registrar upon receiving the said returns shall send one copy thereof to the [4][Registrar
General of Births, Deaths and Marriages].
1. Subs. by the A. O. 1950, for “Native”.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “a Part A State or a Part C State”.
3. As to the establishment of general registry offices of births, deaths and marriages, see the Biths, Deaths and Marriages
Registration Act, 1886 (6 of 1886), Ch. II.
4. Subs. by Act 6 of 1886, s. 30, for “Secretary to the L. G.”.
9
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**30. Registration and returns of marriages solemnized by Clergymen of Church of Rome.—**
Every marriage solemnized by a Clergyman of the Church of Rome shall be registered by the person and
according to the form directed in that behalf by the Roman Catholic Bishop of the Diocese or Vicariate in
which such marriage is solemnized,
and such person shall forward quarterly to the [1][Registrar General of Births, Deaths and Marriages]
returns of the entries of all marriages registered by him during the three months next preceding.
**31. Registration and returns of marriages solemnized by Clergymen of Church of Scotland.—**
Every Clergyman of the Church of Scotland shall keep a register of marriages,
and shall register therein, according to the tabular form set forth in the Third Schedule hereto
annexed, every marriage which he solemnizes under this Act,
and shall forward quarterly to the [1][Registrar General of Births, Deaths and Marriages], through the
Senior Chaplain of the Church of Scotland, returns, similar to those prescribed in section 29, of all such
marriages.
**32. Certain marriages to be registered in duplicate.—Every marriage solemnized by any person**
who has received episcopal ordination, but who is not a Clergyman of the Church of England, or of the
Church of Rome, or by any Minister of Religion licensed under this Act to solemnize marriages, shall
immediately after the solemnization thereof, be registered in duplicate by the person solemnizing the
same; (that is to say) in a marriage-register book to be kept by him for that purpose, according to the form
contained in the Fourth Schedule hereto annexed, and also in a certificate attached to the marriageregister-book as a counterfoil.
**33. Entries of such marriages to be signed and attested.—The entry of such marriage in both the**
certificate and marriage-register-book shall be signed by the person solemnizing the marriage, and also by
the persons married, and shall be attested by two credible witnesses, other than the person solemnizing
the marriage, present at its solemnization.
Every such entry shall be made in order from the beginning to the end of the book, and the number of
the certificate shall correspond with that of the entry in the marriage-register-book.
**34. Certificate to be forwarded to Marriage Registrar, copied and sent to Registrar General.—**
The person solemnizing the marriage shall forthwith separate the certificate from the marriage-registerbook and send it, within one month from the time of the solemnization, to the Marriage Registrar of the
district in which the marriage was solemnized, or, if there be more Marriage Registrars than one, to the
Senior Marriage Registrar,
who shall cause such certificate to be copied into a book to be kept by him for that purpose,
and shall send all the certificates which he has received during the month, with such number and
signature or initials added thereto as are hereinafter required, to the [1][Registrar General of Births, Deaths
and Marriages].
**35. Copies of certificates to be entered and numbered.—Such copies shall be entered in order from**
the beginning to the end of the said book, and shall bear both the number of the certificate as copied, and
also a number to be entered by the Marriage Registrar, indicating the number of the entry of the said copy
in the said book, according to the order in which he receives each certificate.
**36. Registrar to add number of entry to certificate, and send to Registrar General.—The**
Marriage Registrar shall also add such last-mentioned number of the entry of the copy in the book to the
certificate, with his signature or initials, and shall, at the end of every month, send the same to the
1[Registrar General of Births, Deaths and Marriages].
**37. Registration of marriages between Indian Christians, by persons referred to in clauses (1),**
**(2) and (3) of section 5.—Whenany marriage between** [2][Indian] Christians is solemnized [3][by any such
person, Clergyman or Minister of Religion as is referred to in clause (1), clause (2) or clause (3) of
section 5], the person solemnizing the same shall, instead of proceeding in the manner provided by
1. Subs. by Act 6 of 1886, s. 30, for “Secretary to the L. G.”.
2. Subs. by the A. O. 1950, for “Native”.
3. Subs. by Act 18 of 1928, s. 2 and the first Schedule, for “under Part I or Part III or this Act”.
10
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sections 28 to 36, both inclusive, register the marriage in a separate register-book, and shall keep it safely
until it is filled, or, if he leave the district in which he solemnized the marriage before the said book is
filled, shall make over the same to the person succeeding to his duties in the said district.
**Custody and disposal of register-book.—Whoever has the control of the book at the time when it is**
filled, shall send it to the Marriage Registrar of the district, or, if there be more Marriage Registrars than
one, to the Senior Marriage Registrar, who shall send it to the [1][Registrar General of Births, Deaths and
Marriages,] to be kept by him with the records of his office.
PART V
MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR
**38. Notice of intended marriage before Marriage Registrar.—When a marriage is intended to be**
solemnized by, or in the presence of, a Marriage Registrar, one of the parties to such marriage shall give
notice in writing, in the form contained in the First Schedule hereto annexed, or to the like effect, to any
Marriage Registrar of the district within which the parties have dwelt,
or, if the parties dwell in different districts, shall give the like notice to a Marriage Registrar of each
district,
and shall state therein the name and surname, and the profession or condition, of each of the parties
intending marriage, the dwelling-place of each of them, the time during which each has dwelt therein, and
the place at which the marriage is to be solemnized:
Provided that, if either party has dwelt in the place stated in the notice for more than one month, it
may be stated therein that he or she has dwelt there one month and upwards.
**39. Publication of notice.—Every Marriage Registrar shall, on receiving any such notice, cause a**
copy thereof to be affixed in some conspicuous place in his office.
When one of the parties intending marriage is a minor, every Marriage Registrar shall, within twenty
four hours after the receipt by him of the notice of such marriage, send, by post or otherwise, a copy of
such notice to each of the other Marriage Registrars (if any) in the same district, who shall likewise affix
the copy in some conspicuous place in his own office.
**40. Notice to be filed and copy entered in Marriage Notice Book.—The Marriage Registrar shall**
file all such notices and keep them with the records of his office,
and shall also forthwith enter a true copy of all such notices in a book to be furnished to him for that
purpose by the State Government, and to be called the “Marriage Notice Book”,
and the Marriage Notice Book shall be open at all reasonable times, without fee, to all persons
desirous of inspecting the same.
**41. Certificate of notice given and oath made.—If the party by whom the notice was given requests**
the Marriage Registrar to issue the certificate next hereinafter mentioned, and if one of the parties
intending marriage has made oath as hereinafter required, the Marriage Registrar shall issue under his
hand a certificate of such notice having been given and of such oath having been made:
**Proviso.—Provided—**
that no lawful impediment be shown to his satisfaction why such certificate should not issue;
that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any
person authorized in that behalf by this Act;
that four days after the receipt of the notice have expired; and further,
that where, by such oath, it appears that one of the parties intending marriage is a minor, fourteen
days after the entry of such notice have expired.
**42. Oath before issue of certificate.—The certificate mentioned in section 41 shall not be issued by**
any Marriage Registrar, until one of the parties intending marriage appears personally before such
Marriage Registrar, and makes oath[2]—
1. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”.
2. As to the meaning of “oath”, see the General Clauses Act, 1897 (10 of 1897), s. 3(37) and s. 4.
11
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(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful
hindrance, to the said marriage, and
(b) that both the parties have, or (where they have dwelt in the districts of different Marriage
Registrars) that the party making such oath has, had their, his or her usual place of abode within the
district of such Marriage Registrar,
and, where either or each of the parties is a minor,
(c) that the consent or consents to such marriage required by law has or have been obtained
thereto, or that there is no person resident in India authorized to give such consent, as the case may
be.
**43. Petition to High Court to order certificate in less than fourteen days.—When one of the**
parties intending marriage is a minor, and both such parties are at the time resident in any of the towns of
Calcutta, Madras and Bombay, and are desirous of being married in less than fourteen days after the entry
of such notice as aforesaid, they may apply by petition to a Judge of the High Court, for an order upon the
Marriage Registrar to whom the notice of marriage has been given, directing him to issue his certificate
before the expiration of the said fourteen days required by section 41.
**Order on petition.—And on sufficient cause being shown, the said Judge may, in his discretion,**
make an order upon such Marriage Registrar, directing him to issue his certificate at any time to be
mentioned in the said order before the expiration of the fourteen days so required.
And the said Marriage Registrar, on receipt of the said order, shall issue his certificate in accordance
therewith.
**44. Consent of father or guardian.—The provisions of section 19 apply to every marriage under this**
Part, either of the parties to which is a minor;
**Protest against issue of certificate.—And any person whose consent to such marriage would be**
required thereunder may enter a protest against the issue of the Marriage Registrar’s certificate, by
writing, at any time before the issue of such certificate, the word “forbidden” opposite to the entry of the
notice of such intended marriage in the Marriage Notice Book, and by subscribing thereto his or her name
and place of abode, and his or her position with respect to either of the parties, by reason of which he or
she is so authorized.
**Effect of protest.—When such protest has been entered, no certificate shall issue until the Marriage**
Registrar has examined into the matter of the protest, and is satisfied that it ought not to obstruct the issue
of the certificate for the said marriage, or until the protest be withdrawn by the person who entered it.
**45. Petition where person whose consent is necessary is insane, or unjustly withholds consent.—**
If any person whose consent is necessary to any marriage under this Part is of unsound mind,
or if any such person (other than the father) without just cause withholds his consent to the marriage,
the parties intending marriage may apply by petition, where the person whose consent is necessary is
resident within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if he
is not resident within any of the said towns, then to the District Judge:
**Procedure on petition.—And the said Judge of the High Court, or District Judge, as the case may be,**
may examine the allegations of the petition in a summary way;
and, if upon examination such marriage appears proper, such Judge of the High Court or District
Judge, as the case may be, shall declare the marriage to be a proper marriage.
Such declaration shall be as effectual as if the person whose consent was needed had consented to the
marriage;
and, if he has forbidden the issue of the Marriage Registrar’s certificate, such certificate shall be
issued and the like proceedings may be had under this Part in relation to the marriage as if the issue of
such certificate had not been forbidden.
**46. Petition when Marriage Registrar refuses certificate.—Whenever a Marriage Registrar refuses**
to issue a certificate under this Part, either of the parties intending marriage may apply by petition, where
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the district of such Registrar is within any of the towns of Calcutta, Madras and Bombay, to a Judge of
the High Court, or if such district is not within any of the said towns, then to the District Judge.
**Procedure on petition.—The said Judge of the High Court, or District Judge, as the case may be,**
may examine the allegations of the petition in a summary way, and shall decide thereon.
The decision of such Judge of the High Court or District Judge, as the case may be, shall be final, and
the Marriage Registrar to whom the application for the issue of a certificate was originally made shall
proceed in accordance therewith.
**47. [Petition when Marriage Registrar in Indian State refuses certificate.] Omitted by the A.O. 1950.**
**48. Petition when Registrar doubts authority of person forbidding.—Whenever a Marriage**
Registrar, acting under the provisions of section 44, is not satisfied that the person forbidding the issue of
the certificate is authorized by law so to do, the said Marriage Registrar shall apply by petition, where his
district is within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if
such district be not within any of the said towns, then to the District Judge.
**Procedure on petition.—The said petition shall state all the circumstances of the case, and pray for**
the order and direction of the Court concerning the same,
and the said Judge of the High Court or District Judge, as thecae may be, shall examine into the
allegations of the petition and the circumstances of the case,
and if, upon such examination, it appears, that the person forbidding the issue of such certificate is not
authorized by law so to do, such Judge of the High Court or District Judge, as the case may be, shall
declare that the person forbidding the issue of such certificate is not authorized as aforesaid,
and thereupon such certificate shall be issued, and the like proceedings may be had in relation to such
marriage as if the issue had not been forbidden.
1* - - -
**49. Liability for frivolous protest against issue of certificate.—Every person entering a protest with**
the Marriage Registrar, under this Part, against the issue of any certificate, on grounds which such
Marriage Registrar, under section 44, or a Judge of the High Court or the District Judge, under section 45
or 46, declares to be frivolous and such as ought not to obstruct the issue of the certificate, shall be liable
for the costs of all proceedings in relation thereto and for damages, to be recovered by suit by the person
against whose marriage such protest was entered.
**50. Form of certificate.—The certificate to be issued by the Marriage Registrar under the provisions**
of section 41 shall be in the form contained in the Second Schedule to this Act annexed or to the like
effect,
and the State Government shall furnish to every Marriage Registrar a sufficient number of forms of
certificate.
**51. Solemnization of marriage after issue of certificate.—After the issue of the certificate of the**
Marriage Registrar, or, where notice is required to be given under this Act to the Marriage Registrars for
different districts, after the issue of the certificates of the Marriage Registrars for such districts,
marriage may, if there be no lawful impediment to the marriage of the parties described in such
certificate or certificates, be solemnized between them, according to such form and ceremony as they
think fit to adopt.
But every such marriage shall be solemnized in the presence of some Marriage Registrar (to whom
shall be delivered such certificate or certificates as aforesaid), and of two or more credible witnesses
besides the Marriage Registrar.
And in some part of the ceremony each of the parties shall declare as follows, or to the like effect:—
“I do solemnly declare that I know not of any lawful impediment why I, A. B., may not be joined in
matrimony to C. D.”
1. Omitted by the A. O. 1950.
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And each of the parties shall say to the other as follows or to the like effect:—
“I call upon these persons here present to witness that I, _A. B., do take thee, C. D., to be my lawful_
wedded wife [or husband].”
**52.When marriage not had within two months after notice, new notice required.—Whenever a**
marriage is not solemnized within two months after the copy of the notice has been entered by the
Marriage Registrar, as required by section 40, the notice and the certificate, if any, issued thereupon, and
all other proceedings thereupon, shall be void;
and no person shall proceed to solemnize the marriage, nor shall any Marriage Registrar enter the
same, until new notice has been given, and entry made, and certificate thereof given, at the time and in the
manner aforesaid.
**53. Marriage Registrar may ask for particulars to be registered.—A Marriage Registrar before**
whom any marriage is solemnized under this Part may ask of the persons to be married the several
particulars required to be registered touching such marriage.
**54. Registration of marriages solemnized under part V.—After the solemnization of any marriage**
under this Part, the Marriage Registrar present at such solemnization shall forthwith register the marriage
induplicate; that is to say, in a marriage-register-book, according to the form of the Fourth Schedule
hereto annexed, and also in a certificate attached to the marriage-register-book as a counterfoil.
The entry of such marriage in both the certificates and the marriage-register-book shall be signed by
the person by or before whom the marriage has been solemnized, if there be any such person, and by the
Marriage Registrar present at such marriage, whether or not it is solemnized by him, and also by the
parties married, and attested by two credible witnesses other than the Marriage Registrar and person
solemnizing the marriage.
Every such entry shall be made in order from the beginning to the end of the book, and the number of
the certificate shall correspond with that of the entry in the marriage-register-book.
**55. Certificates to be sent monthly to Registrar General.—The Marriage Registrar shall forthwith**
separate the certificate from the marriage-register-book and send it, at the end of every month, to
the[1][Registrar General of Births, Deaths and Marriages].
**Custody of register-book.—The Marriage Registrar shall keep safely the said register-book until it is**
filled, and shall then send it to the [1][Registrar General of Births, Deaths and Marriages], to be kept by him
with the records of his office.
56. [Officers to whom Registrars in Indian States shall send certificates.) Omitted by the A. O. 1950.
**57. Registrars to ascertain that notice and certificate are understood by Indian Christians.—**
When any [2][Indian] Christians about to be married gives a notice of marriage, or applies for a certificate
from a Marriage Registrar, such Marriage Registrar shall ascertain whether the said [2][Indian] Christians
understands the English language, and, if he does not, the Marriage Registrar shall translate, or cause to
be translated, such notice or certificate, or both of them, as the case may be, to such [2][Indian] Christians
into a language which he understands;
or the Marriage Registrar shall otherwise ascertain whether the[2][Indian] Christians is cognizant of the
purport and effect of the said notice and certificate.
**58. Indian Christians to be made to understand declarations.—When any** [2][Indian] Christians is
married under the provisions of this Part, the person solemnizing the marriage shall ascertain whether
such [2][Indian] Christians understands the English language, and, if he does not, the person solemnizing
the marriage shall, at the time of the solemnization, translate, or cause to be translated, to such [2][Indian]
Christians, into a language which he understands, the declarations made at such marriage in accordance
with the provisions of this Act.
1. Subs. by Act 6 of 1886, s. 30, for “Secretary to the L.G.”.
2. Subs. by the A.O. 1950, for “Native”.
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**59. Registration of marriages between Indian Christians.—The registration of marriages between**
1[Indian] Christians under this Part shall be made in conformity with the rules laid down in section 37
(so far as they are applicable), and not otherwise.
PART VI[2]
MARRIAGE OF [1][INDIAN] CHRISTIANS
**60. On what conditions marriages of** [1][Indian] Christians may be certified.—Every marriage
between [1][Indian] Christians applying for a certificate, shall, without the preliminary notice required
under Part III, be certified under this Part, if the following conditions be fulfilled, and not otherwise:—
(1) the age of the man intending to be married [3][shall not be under [4][twenty-one years]], and the
age of the woman intending to be married [5][shall not be under [6][eighteen years]];
(2) neither of the persons intending to be married shall have a wife or husband still living;
(3) in the presence of a person licensed under section 9, and of at least two credible witnesses
other than such person, each of the parties shall say to the other—
“I call upon these persons here present to witness that. 1, A. B., in the presence of Almighty
God, and in the name of our Lord Jesus Christ, do take thee, C. D., to be my lawful wedded wife
[or husband]” or words to the like effect:
7* - - -
**61. Grant of certificate.—When, in respect to any marriage solemnized under this Part, the**
conditions prescribed in section 60 have been fulfilled, the person licensed as aforesaid, in whose
presence the said declaration has been made, shall, on the application of either of the parties to such
marriage, and, on the payment of a fee of four annas, grant a certificate of the marriage.
The certificate shall be signed by such licensed person, and shall be received in any suit touching the
validity of such marriage as conclusive proof of its having been performed.
8[62. Keeping of register-book and deposit of extracts therefrom with Registrar General.—(1)
Every person licensed under section 9 shall keep in English, or in the vernacular language in ordinary use
in the district or State in which the marriage was solemnized, and in such form as the State Government
by which he was licensed may from time to time prescribe, a register-book of all marriages solemnized
under this Part in his presence, and shall deposit in the office of the Registrar General of Births, Deaths
and Marriages for the territories under the administration of the said State Government, in such form and
at such intervals as that Government may prescribe, true and duly authenticated extracts from his registerbook of all entries made therein since the last of those intervals.]
9* - - -
**63. Searches in register book and copies of entries.—Every person licensed under this Act to grant**
certificates of marriage, and keeping a marriage-register-book under section 62, shall at all reasonable
times, allow search to be made in such book, and shall, on payment of the proper fee, give a copy,
certified under his hand, of any entry therein.
1. Subs. by the Act A.O. 1950, for “Native”.
2. As to validation of post marriages solemnized under Part VI between persons of whom one only was an Indian Christian, and
penalty for solemnizing such marriages under Part VI in future, see the Marriages Validation Act, 1892 (2 of 1892).
3. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed sixteen years”.
4. Subs. by Act 2 of 1978, s. 6 and the Schedule, for “eighteen years” (w.e.f. 1-10-1978).
5. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed thirteen years”.
6. Subs. by Act 2 of 1978, s. 6 and Schedule, for “fifteen years” (w.e.f. 1-10-1978).
7. Proviso omitted by s. 6 and the Schedule, ibid., (w.e.f. 1-10-1978).
8. Subs. by Act 2 of 1891, s. 4, for s. 62.
9. Sub-section (2) omitted by the A.O. 1950.
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**64. Books in which marriages of Indian Christians under Part I or Part III are registered.—The**
provisions of sections 62 and 63, as to the form of the register-book, depositing extracts therefrom,
allowing searches thereof, and giving copies of the entries therein, shall, mutatis mutandis, apply to the
books kept under section 37.
**65. Part VI not to apply to Roman Catholics.**
**Saving of certain marriages.—This Part of this Act, except so much of sections 62 and 63 as are**
referred to in section 64, shall not apply to marriages between Roman Catholics. But nothing herein
contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of
1[Part V of Act No. 25 of 1864], previous to the twenty-third day of February, 1865.
PART VII
PENALTIES
2[66. False oath, declaration, notice or certificate for procuring marriage.—Whoever, for the
purpose of procuring a marriage or license of marriage, intentionally,—
(a) where an oath or declaration is required by this Act, or by any rule or custom of a Church
according to the rites and ceremonies of which a marriage is intended to be solemnized, such Church
being the Church of England or of Scotland or of Rome, makes a false oath or declaration, or,
(b) where a notice or certificate is required by this Act, signs a false notice or certificate,
shall be deemed to have committed the offence punishable under section 193 of the Indian Penal Code
(45 of 1860) with imprisonment of either description for a term which may extend to three years and, at
the discretion of the Court, with fine.]
**67. Forbidding, by false personation issue of certificate by Marriage Registrar.—Whoever**
forbids the issue, by a Marriage Registrar, of a certificate, by falsely representing himself to be a person
whose consent to the marriage is required by law, knowing or believing such representation to be false, or
not having reason to believe it to be true, shall be deemed guilty of the offence described in section 205 of
the Indian Penal Code (45 of 1860).
3[68. Solemnizing marriage without due authority.—Whoever, not being authorized by section 5 of
this Act to solemnize marriages, solemnizes or professes to solemnize, in the absence of a Marriage
Registrar of the district in which the ceremony takes place, a marriage between persons one or both of
whom is or are a Christian or Christians, shall be punished with imprisonment which may extend to ten
years, or (in lieu of a sentence of imprisonment for seven years or upwards) with transportation for a term
of not less than seven years, and not exceeding ten years,
4* - - -
and shall also be liable to fine.]
**69. Solemnizing marriage out of proper time, or without witnesses.—Whoever knowingly and**
wilfully solemnizes a marriage between persons, one or both of whom is or are a Christian or Christians,
at any time other than between the hours of six in the morning and seven in the evening, or in the absence
of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with
imprisonment for a term which may extend to three years, and shall also be liable to fine.
**Saving of marriages solemnized under special licence.—This section does not apply to marriages**
solemnized under special licenses granted by the Anglican Bishop of the Diocese or by his Commissary,
nor to marriages performed between the hours of seven in the evening and six in the morning by a
Clergyman of the Church of Rome, when he has received the general or special license in that behalf
mentioned in section 10.
5[Nor does this section apply to marriages solemnized by a Clergyman of the Church of Scotland
according to the rules, rites, ceremonies and customs of the Church of Scotland.]
1. Act 25 of 1864 had been rep. by Act 5 of 1855, which was rep. by this Act.
2. Subs. by Act 2 of 1891, s. 5, for s. 66.
3. Subs. by s. 6, ibid., for s. 68.
4. Omitted by the A.O. 1950.
5. Ins. by Act 2 of 1891, s. 7.
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**70. Solemnizing without notice or within fourteen days after notice, marriage with minor.—Any**
Minister of Religion licensed to solemnize marriages under this Act, who, without a notice in writing, or,
when one of the parties to the marriage is a minor and the required consent of the parents or guardians to
such marriage has not been obtained, within fourteen days after the receipt by him of notice of such
marriage, knowingly and wilfully solemnizes a marriage under Part III, shall be punished with
imprisonment for a term which may extend to three years, and shall also be liable to fine.
**71. Issuing certificate, or marrying, without publication of notice.—A Marriage Registrar under**
this Act, who commits any of the following offences:—
(1) knowingly and wilfully issues any certificate for marriage, or solemnizes any marriage,
without publishing the notice of such marriage as directed by this Act;
1[(2) marrying after expiry of notice.—after the expiration of two months after the copy of the
notice has been entered as required by section 40 in respect of any marriage, solemnizes such
marriage;]
(3) solemnizing marriage with minor within fourteen days, without authority of Court, or
**without sending copy of notice.—solemnizes, without an order of a competent Court authorizing**
him to do so, any marriage, when one of the parties is a minor, before the expiration of fourteen days
after the receipt of the notice of such marriage, or without sending, by the post or otherwise, a copy of
such notice to the Senior Marriage Registrar of the district if there be more Marriage Registrars of the
district than one, and if he himself be not the Senior Marriage Registrar;
(4) issuing certificate against authorized prohibition.—issues any certificate the issue of which
has been prohibited, as in this Act provided, by any person authorized to prohibit the issue thereof,
shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to
fine.
**72. Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after**
**notice, or against authorized prohibition.—Any Marriage Registrar knowingly and wilfully issuing any**
certificate for marriage after the expiration of [2][two months] after the notice has been entered by him as
aforesaid,
or knowingly and wilfully issuing, without the order of a competent Court authorizing him so to do,
any certificate for marriage, where one of the parties intending marriage is a minor, before the expiration
of fourteen days after the entry of such notice, or any certificate the issue of which has been forbidden as
aforesaid by any person authorized in this behalf,
shall be deemed to have committed an offence under section 166 of the Indian Penal Code (45 of 1860).
**73. Persons authorized to solemnize marriage (other than Clergy of Churches of England,**
**Scotland or Rome).—Whoever, being authorized under this Act to solemnize a marriage,**
and not being a Clergyman of the Church of England solemnizing a marriage after due publication of
banns, or under a license from the Anglican Bishop of the Diocese or a Surrogate duly authorized in that
behalf,
or, not being a Clergyman of the Church of Scotland, solemnizing a marriage according to the rules,
rites, ceremonies and customs of that church,
or, not being a Clergyman of the Church of Rome, solemnizing a marriage according to the rites,
rules, ceremonies and customs of that church,
**issuing certificate, or marrying, without publishing notice, or after expiry of certificate;—**
knowingly and wilfully issues any certificate for marriage under this Act, or solemnizes any marriage
between such persons as aforesaid, without publishing, or causing to be affixed, the notice of such
marriage as directed in Part III of this Act, or after the expiration of two months after the certificate has
been issued by him;
1. Subs. by Act 2 of 1891, s. 8(1), for clause (2).
2. Subs. by s. 8(2), ibid., for “three months”.
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**issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice.—**
or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage between such
persons when one of the persons intending marriage is a minor, before the expiration of fourteen days
after the receipt of notice of such marriage, or without sending, by the post or otherwise, a copy of such
notice to the Marriage Registrar, or, if there be more Marriage Registrars than one, to the Senior Marriage
Registrar of the district;
**issuing certificate authorizedly forbidden:—or** knowingly and wilfully issues any certificate the
issue of which has been forbidden, under this Act, by any person authorized to forbid the issue;
**solemnizing marriage authorizedly forbidden.—or** knowingly and wilfully solemnizes any
marriage forbidden by any person authorized to forbid the same;
shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to
fine.
**74. Unlicensed person granting certificate pretending to be licensed.—Whoever, not being**
licensed to grant a certificate of marriage under Part VI of this Act, grants such certificate intending
thereby to make it appear that he is so licensed, shall be punished with imprisonment for a term which
may extend to five years, and shall also be liable to fine.
1[Whoever, being licensed to grant certificates of marriage under Part VI of this Act, without just
cause refuses, or wilfully neglects or omits, to perform any of the duties imposed upon him by that Part
shall be punished with fine which may extend to one hundred rupees.]
**75. Destroying or falsifying register-books.—Whoever, by himself or another, wilfully destroys or**
injures any register-book or the counterfoil certificates thereof, or any part thereof, or any authenticated
extract therefrom,
or falsely makes or counterfeits any part of such register-book or counterfoil certificates,
or wilfully inserts any false entry in any such register-book or counterfoil certificate or authenticated
extract,
shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable
to fine.
**76. Limitation of prosecutions under Act.—The prosecution for every offence punishable under**
this Act shall be commenced within two years after the offence is committed.
PART VIII
MISCELLANEOUS
**77. What matters need not be proved in respect of marriage in accordance with Act.—Whenever**
any marriage has been solemnized in accordance with the provisions of sections 4 and 5, it shall not be
void merely on account of any irregularity in respect of any of the following matters, namely:—
(1) any statement made in regard to the dwelling of the persons married, or to the consent of any
person whose consent to such marriage is required by law;
(2) the notice of the marriage;
(3) the certificate or translation thereof;
(4) the time and place at which the marriage has been solemnized;
(5) the registration of the marriage.
**78. Corrections of errors.—Every person charged with the duty of registering any marriage, who**
discovers any error in the form or substance of any such entry, may within one month next after the
discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the
presence of two other credible witnesses, correct the error by entry in the margin, without any alteration
of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and
such person shall make the like marginal entry in the certificate thereof.
1. Ins. by Act 2 of 1891, s. 9.
18
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And every entry made under this section shall be attested by the witnesses in whose presence it was
made.
And, in case such certificate has been already sent to the [1][Registrar General of Births, Deaths and
Marriages], such person shall make and send in like manner a separate certificate of the original
erroneous entry, and of the marginal correction therein made.
**79. Searches and copies of entries.—Every person solemnizing a marriage under this Act, and**
hereby required to register the same,
and every Marriage Registrar or [1][Registrar General of Births, Deaths and Marriages] having the
custody for the time being of any register of marriages, or of any certificate, or duplicate, or copies of
certificate, under this Act,
shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or
for such certificate, or duplicate or copies, and give a copy under his hand of any entry in the same.
**80. Certified copy of entry in marriage-register, etc., to be evidence.—Every certified copy,**
purporting to be signed by the person entrusted under this Act with the custody of any marriage-register
or certificate, or duplicate, required to be kept or delivered under this Act, of any entry of a marriage in
such register or of any such certificate or duplicate, shall be received as evidence of the marriage
purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of
such register or certificate, or duplicate, or of any entry therein, respectively, or of such copy.
2[81. Certificates of certain marriages to be sent to Central Government.—The Registrar General
of Births, Deaths and Marriages [3]*** shall, at the end of every quarter in each year, select, from the
certificates of marriages forwarded to [4][him], during such quarter, the certificates of the marriages of
which [5][the Government by whom he was appointed] may desire that evidence shall be transmitted to
England, and shall send the same certificates, signed by [4][him] to the [6][Central Government].]
**82. State Government to prescribe fees.—Fees shall be chargeable under this Act for—**
receiving and publishing notices of marriages;
issuing[7][certificates for marriage] by Marriage Registrars, and registering marriages by the same;
entering protests against, or prohibitions of, the issue of [8][certificates for marriage] by the said
Registrars;
searching register-books or certificates, or duplicates, of copies thereof;
giving copies of entries in the same under sections 63 and 79.
The State Government shall fix the amount of such fees respectively,
and may from time to time vary or remit them either generally or in special cases, as to it may seem
fit.
**83. Power to make rules.—[9][(1)] The State Government** [10][ may, by notification in the Official
Gazette, make rules] in regard to the disposal of the fees mentioned in section 82, the supply of registerbooks, and the preparation and submission of returns of marriages solemnized under this Act.
11[(2) Every rule made by the State Government under this section shall be laid, as soon as may be
after it is made, before the State Legislature.]
1. Subs. by Act 6 of 1886, s. 30, for “Secretary to a L.G.”.
2. Subs. by Act 13 of 1911, s. 2, for s. 81.
3. The words and figures “and the officers appointed under section 56” omitted by Act 48 of 1952, s. 3 and the Second Schedule.
4. Subs. by s. 3 and the Second Schedule, ibid., for “them respectively”.
5. Subs. by the A.O. 1937, for “the G. G. in C.”.
6. Subs. by the A.O. 1948, for “Secretary of State for India”.
7. Subs. by Act 1 of 1903, s. 3 and the Second Schedule, for “certificates of marriage”.
8. Subs. by s. 3 and the Second Schedule, ibid., for “marriage certificates”.
9. Section 83 re-numbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
10. Subs. by s. 2 and the Schedule, ibid., for “may make rules” (w.e.f. 15-3-1984).
11. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-3-1984).
19
-----
**84. [Power to prescribe fees and rules for Indian States.] Omitted by the A.O. 1950.**
**85. Power to declare who shall be District Judge.—The State Government may, by notification in**
the Official Gazette, declare who shall, in any place to which this Act applies, be deemed to be the
District Judge.
**86. [Powers and functions exercisable as regards Indian States.] Omitted by the A.O. 1950.**
**87. Saving of Consular marriages.—Nothing in this Act applies to any marriage performed by any**
Minister, Consul, or Consular Agent between subjects of the State which he represents and according to
the laws of such State.
**88. Non-validation of marriages within prohibited degrees.—Nothing in this Act shall be deemed**
to validate any marriage which the personal law applicable to either of the parties forbids him or her to
enter into.
20
-----
SCHEDULE I
(See sections 12 and 38)
NOTICE OF MARRIAGE
To a Minister [or Registrar] of
I hereby give you notice that a marriage is intended to be had, within three calendar months from the
date hereof, between me and the other party herein named and described (that is to say):—
Names. Condition. Rank or Age. Dwelling place. Length of Church, chapel or District in which the
profession. residence. place of worship other party resides,
in which the when the parties
marriage is to be dwell in different
solemnized. districts.
Witness my hand, this day of _seventy-two_
(Signed) JAMES SMITH.
[The italics in this schedule are to be filled up, as the case may be, and the blank division thereof is
only to be filled up when one of the parties lives in another district.]
21
|Names.|Condition.|Rank or profession.|Age.|Dwelling place.|Length of residence.|Church, chapel or place of worship in which the marriage is to be solemnized.|District in which the other party resides, when the parties dwell in different districts.|
|---|---|---|---|---|---|---|---|
|James Smith.|Windower.|Carpenter.|of full age.|16, Clive Street.|23 days.|Free church of Scotland Church, Culcutta.||
|Martha Green.|Spinster.|…|Minor.|20, Hastings Street.|More than a month.|||
-----
SCHEDULE II
(See sections 24 and 50)
CERTIFICATE OF RECEIPT OF NOTICE
I, do hereby certify that, on the
day of, notice was duly entered in my Marriage Notice Book of the marriage intended between
the parties therein named and described, delivered under the hand of, one of the parties, (that is to say):—
Names. Condition. Rank or Age. Dwelling Length of Church, District in which
profession. place. residence. chapel or the other party
place of resides, when the
worship in parties dwell in
which the different districts.
marriage is
to be
solemnized.
and that the declaration[1][or oath], required by section 17 or 41 of the Indian Christian Marriage
Act, 1872 (15 of 1872), has been duly made by the said (James Smith).
|Names.|Condition.|Rank or profession.|Age.|Dwelling place.|Length of residence.|Church, chapel or place of worship in which the marriage is to be solemnized.|District in which the other party resides, when the parties dwell in different districts.|
|---|---|---|---|---|---|---|---|
|James Smith.|Widower.|Carpenter.|of full age.|16, Clive Sreet.|23 days.|Free Church of Scotland Church, Calcutta.||
|Martha Green.|Spinster.|……………….|Minor.|20, Hastings Street.|More than a month.|||
Date of notice entered
Date of Certificate given
Witness my hand, this
The issue of this certificate has not been prohibited by any person
authorized to forbid the issue thereof.
day of seventy-two.
(Signed)
This certificate will be void, unless the marriage is solemnized on or before the day of
[The italics in the Schedule are to be filled up, as the case may be, and the blank division thereof is
only to be filled up when one of the parties lives in another district].
1. Ins. by Act 1 of 1903, s. 3, and the Second Schedule.
22
-----
SCHEDULE III
1[(See sections 28 and 31)]
FORM OF REGISTER OF MARRIAGES
_Quarterly Returns_
of
MARRIAGES
FOR
_Calcutta._
The Archdeaconry of _Madras._
_Bombay._
I,,Registrar of the Archdeaconry of _Calcutta,_
_Madras,_
_Bombay,_
do hereby certify that the annexed are correct copies of the originals and Official Quarterly Returns of
Marriage within the Archdeaconry
_Calcutta,_
of _Madras,_ as made and transmitted to me for the quarter
_Bombay,_
commencing the day of ending the day
of in the year of Our Lord
[Signature of Registrar.]
_Calcutta._
Registrar of the Archdeaconry of _Madras._
_Bombay._
_Allahabad,_
MARRIAGES solemnized at _Barrackpore,_
_Bareilly,_
_Calcutta, etc., etc._
Names of parties.
1. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, for “(see section 28)”.
23
|Col1|Col2|
|---|---|
|Col1|Col2|
|---|---|
|when married.|Col2|Col3|Names of parties.|Col5|Col6|Col7|Col8|Col9|Col10|Col11|Col12|Col13|Col14|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|Year.|Month.|Day.|Christian.|Surname.|Age.|Condition.|Rank or profession.|Residence at the time of marriage.|Father’s name and surname.|By banns or license.|Signatures of the parties.|Signatures Of two or more witnesses present.|Signature of the person solemnizing the marriage.|
|||||||||||||||
-----
SCHEDULE IV
(See sections 32 and 54)
MARRIAGE REGISTER BOOK
|Number.|When married.|Col3|Col4|Names of Parties.|Col6|Age.|Condition.|Rank or profession..|Residence at the time of marriage.|Father’s name and surname.|
|---|---|---|---|---|---|---|---|---|---|---|
|||||Christian name.|Surname.||||||
|1|Day.|Month.|Year.||||||||
|||||James. Martha.|White . Duncan.|26 years. 17 years.|Widower. Spinster.|Carpenter. ……..|Agra… Agra…|William White. John Duncan.|
Married in the
This marriage was solemnized between us
_James_
_White,_
_Martha_
_Duncan,_
24
in the presence of us
_John Smith._
_John Green._
|Col1|Col2|
|---|---|
-----
CERTIFICATE OF MARRIAGE
|Number.|When married.|Col3|Col4|Names of Parties.|Col6|Age.|Condition.|Rank or profession.|Residence at the time of marriage.|Father’s name and surname.|
|---|---|---|---|---|---|---|---|---|---|---|
|||||Christian name.|Surname.||||||
|1|Day.|Month.|Year.||||||||
|||||James... Martha...|White... Duncan...|26 years. 17 years.|Widower ... Spinster|Carpenter ……….|Agra...... Agra......|William White Jhon Duncan|
Married in the
This marriage was solemnized between us
_James White,_
_John Smith._
in the presence of us
_Martha Duncan,_
_John Green._
25
|Col1|J|
|---|---|
|Col1|Col2|
|---|---|
-----
# (SCHEDULE V.)
SCHEDULE V.—[Enactments repealed.] Rep.by the Repealing Act, 1938 (1 _of 1938),_ _s. 2_ _and the_
_Schedule._
26
-----
|
21-Jan-1873 | 03 | The Madras Civil Courts Act, 1873 | https://www.indiacode.nic.in/bitstream/123456789/2299/1/a1873-03.pdf | central | # PREAMBLE.
SECTIONS.
1. Short title.
Local extent.
Commencement.
2. [Repealed.].
# THE MADRAS CIVIL COURTS’ ACT, 1873
______
ARRANGEMENT OF SECTIONS
______
______
PART I
PRELIMINARY
# ______
PART II.
ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS.
3. Number of District Courts.
4. Number of Subordinate Judges and District Munsifs.
5. Court’s locality.
6. Appointment to vacancy in office of District Judge or Subordinate Judge.
7. Appointment to vacancy in office of District Munsif.
Publication of appointments.
Annulment of appointments.
8. District Courts, Subordinate Judges, and District Munsifs.
9. Seal of Court.
# ______
PART III.
JURISDICTION.
10. Local limits of jurisdiction of District Court or Subordinate Judge.
Local limits of jurisdiction of each of several subordinate Judges.
11. Local jurisdiction of District Munsifs.
12. Jurisdiction of District Judge or Subordinate Judge in original suits.
Jurisdiction of District Munsif.
13. Appeals from decrees of District Courts.
Appellate jurisdiction of District Court.
Appellate jurisdiction of Subordinate Judge.
Disposal of appeal by District Judge.
*** Subject to verification and confirmation by the Department.**
1
-----
SECTIONS.
14. Valuation of suits for immovable property.
15. Power to require witness or party to make oath or affirmation.
16. Law administered by Courts to Natives.
17. Judges not to try suits in which they are interested;
nor to try appeals from decrees passed by them in other capacities.
Mode of disposing of such suits and appeals.
# ______
PART IV.
MISCONDUCT OF JUDGES.
18. Suspension of Judge by Local Government.
19. Suspension of Subordinate Judge by High Court.
[20. Suspension of District Munsif by High Court. Commission of Inquiry.](http://court.com/)
Exercise by High Court of powers conferred on Government by Act XXXVII of 1850.
21. Suspension of District Munsif by District Judge.
Report to High Court.
# ______
PART V.
MINISTERIAL OFFICERS.
22. Appointment, suspension or removal of Ministerial Officers of District Courts.
23. Appointment and removal of ministerial officers of subordinate Courts.
24. Rules regulating such appointments.
Duties of Ministerial Officers.
Present Ministerial Officers.
24A. Transfer of Ministerial Officers.
# ______
PART VI.
MISCELLANEOUS.
25. Temporary discharge of duties of District Judge.
26. District Judge may nominate to vacancy in office of District Munsif.
27. District Judge to control Civil Courts of District.
28. Investiture of District or Subordinate Judge with Small Cause jurisdiction.
Investiture of District Munsif with similar jurisdiction.
29. Exercise by Subordinate Judge of jurisdiction of District Judge in certain proceedings.
30. Vacation.
SCHEDULE . — [Repealed].
2
-----
# THE MADRAS CIVIL COURTS’ ACT, 1873
ACT NO. 3 OF 1873
[21st January, 1873.]
# An Act to consolidate and amend the law relating to the Civil Courts of the Madras
Presidency subordinate to the High Court.
Preamble.—WHEREAS it is expedient to consolidate and amend the law relating to the Civil Courts of
the Madras Presidency subordinate to the High Court; It is hereby enacted as follows :—
______
PART I.
PRELIMINARY.
**1. Short title.—This Act may be called “The Madras Civil Courts’ Act, 1873”:**
**Local extent.—It extends to all the territories for the time being under the government of the**
Governor of Fort. St. George in Council, except the Tracts respectively under the jurisdiction of the
Agents for Ganjam and Vizagapatam;
**Commencement.—And it shall come into force on the first day of March 1873.**
**2. [Repeal of enactments].—Rep. by the Repealing Act, 1873 (12 of 1873), s. 2 and the Schedule.**
______
PART II.
ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS.
**3. Number of District Courts.—The number of District (heretofore designated Zila) Courts to be**
established or continued under this Act, shall be fixed, and may from time to time be altered, by the
Local Government :
Provided that no increase to the number of such Courts shall be made by such Government without
the previous sanction of the Governor General in Council.
**4. Number of Subordinate Judges and District Munsifs.—The number of Subordinate Judges**
and District Munsifs to be appointed under this Act for each District, shall be fixed, and may from
time to time be altered, by the Local Government :
Provided that no addition to the number of such officers shall be made by such Government
without the previous sanction of the Governor General in Council.
**5. Court’s locality.—The place at which any Court under this Act shall be held may be fixed, and**
may, from time to time, be altered,
in the case of a District Court or a Subordinate Judge’s Court, by the Local Government,
in the case of a District Munsif’s Court, by the High Court.
3
-----
1[The places fixed for any Court under this section shall be deemed to be within the local
jurisdiction of that Court.]
**6. Appointment to vacancy in office of District Judge or Subordinate Judge.—Whenever the**
office of the Judge of a District Court (hereinafter called a ‘District Judge’) or of a Subordinate Judge
under this Act is vacant,
or whenever the Governor General in Council has sanctioned an addition to the number of District
Judges or Subordinate Judges under the provisions of section three or section four,
the Local Government shall appoint to the office such duly qualified person as it thinks proper.
**7. Appointment to vacancy in office of District Munsif.—Whenever the office of a District**
Munsif under this Act is vacant,
Or whenever the Governor General in Council has sanctioned an addition to the number of District
Munsifs under the provisions of section four,
the High Court shall appoint to the office such person as it thinks fit :
Provided that he possesses the qualifications for the time being required by the rules in this behalf
which the High Court, with the previous sanction of the Local Government, are hereby empowered to
make and alter.
**Publication of appointments.—Every appointment made under this section shall be published in**
the same manner as appointments made by the Local Government.
**Annulment of appointments.—The Local Government may, for good and sufficient reason,**
annul any appointment made under this section.
**8. District Courts, Subordinate Judges, and District Munsifs.—The present Zila Courts,**
Principal Sadr Amins, and District Munsifs, shall be respectively the first “District Courts,”
“Subordinate Judges,” and “District Munsifs” under this Act.
**9. Seal of Court.—Every Court under this Act shall use a seal of such form and dimensions as are,**
for the time being, prescribed by the Local Government.
______
PART III.
JURISDICTION.
**10. Local limits of jurisdiction of District Courts or Subordinate Judge.—The Local**
Government shall fix, and may from time to time vary, the local limits of the jurisdiction of any
District Judge or Subordinate Judge under this Act:
**Local limits of jurisdiction of each of several Subordinate Judges.—Provided that, where more**
than one Subordinate Judge is appointed to any district, the District Judge may assign to each such
Subordinate Judge the local limits of his particular jurisdiction within such district.
The present local limits of the jurisdiction of every Civil Court (other than the High Court) shall be
deemed to have been fixed under this Act.
**11. Local Jurisdiction of District Munsifs.—The High Court shall fix, and may from time to**
time modify, the local jurisdiction of District Munsifs.
2[If the High Court assigns the same local jurisdiction to two or more District Munsifs, it shall
declare which of them shall be deemed the Principal District Munsif, and the other, or others, shall be
called Additional District Munsifs, and shall take cognizance only of such suits and applications as
may, by special or general order in this behalf, be directed by the District Judge.]
**12. Jurisdiction of District Judge or subordinate Judge in original suits.—The jurisdiction of**
a District Judge or a Subordinate Judge extends, subject to the rules contained in the Code of Civil
Procedure, to all original suits and proceedings of a civil nature.
1. Added by Act 21 of 1885, s. 2.
2. Added by s. 3, ibid.
4
-----
**Jurisdiction of District Munsif.—The jurisdiction of a District Munsif extends to all like suits**
and proceedings, not otherwise exempted from his cognizance, of which the amount or value of the
# subject-matter does not exceed two thousand five hundred rupees.
13. Appeals from decrees of District Courts.—Regular or special appeals, [1]*** shall, when
such appeals are allowed by law, lie from the decrees and orders of a District Court to the High Court.
**Appellate jurisdiction of District Court.—Appeals from the decrees and orders of Subordinate**
Judges and District Mirnsifs shall, when such appeals are allowed by law, lie to the District Court,
except when the amount or value of the subject-matter of the suit exceeds rupees five thousand, in
which case the appeal shall lie to the High Court:
**Appellate jurisdiction of Subordinate Judge.—Provided that, whenever a Subordinate Judge’s**
Court is established in any District at a place remote from the station of the District Court, the High
Court may, with the previous sanction of the Local Government, direct that appeals from the decrees
or orders of District Munsifs within the local limits of the jurisdiction of such Subordinate Judge be
preferred in the Court of the latter:
**Disposal of appeal by District Judge.—Provided also, that the District Judge may remove**
to his own Court, from time to time, appeals so preferred, and dispose of them himself, or may,
subject to the orders of the High Court, refer any appeals from the decrees and orders of
District Munsifs, preferred in the District Court, to any Subordinate Judge within the District.
**14. Valuation of suits for immovable property.—When the subject-matter of any suit or pro-**
ceeding is land, a house or a garden, its value shall, for the purposes of the jurisdiction conferred
by this Act, be fixed in manner provided by the Court Fees’ Act, 1870, section seven clause v.
**15. Power to require witness or party to make oath or affirmation. —Every Court under this**
Act may require a witness or party to any suit or other proceeding pending in such Court to make such
oath or affirmation as is prescribed by the law for the time being in force.
**16. Law administered by Courts to Natives.—Where, in any suit or proceeding, it is necessary**
for any Court under this Act to decide any question regarding succession, inheritance, marriage or
caste, or any religious usage or institution,
(a.) the Muhammadan law in cases where the parties are Muhammadans,
and the Hindu law in cases where the parties are Hindus, or
(b.) any custom (if such there be) having the force of law and governing the parties or property
concerned,
shall form the rule of decision, unless such law or custom has, by legislative enactment, been
altered or abolished.
(c.) In cases where no specific rule exists, the Court shall act according to justice, equity and
good conscience.
**17. Judges not to try suits in which they are interested;—No District Judge, Subordinate Judge**
or District Munsif, shall try any suit to or in which he is a party or personally interested, or shall
adjudicate upon any proceeding connected with, or arising out of, such suit.
**nor to try appeals form decrees passed by them in other capacities.—No District Judge or**
Subordinate Judge, shall try any appeal against a decree or order passed by himself in another
capacity.
**Mode of disposing of such suits and appeals.—When any such suit, proceeding or appeal comes**
before any such officer, he shall report the circumstances to the Court to which he is immediately
subordinate.
1. The words and figures “or appeals under Madras Regulation XI of 1832, section nine,” rep. by Act 12 of 1891, the First
Schedule.
5
-----
The superior Court shall thereupon dispose of the case in the manner prescribed by the Code of
Civil Procedure, section six.
Nothing in the last preceding clause of this section shall be deemed to affect the extraordinary
original civil jurisdiction of the High Court.
______
PART IV.
MISCONDUCT OF JUDGES.
**18. Sespension of Judge by Local Government.—Any District Judge, Subordinate Judge, or**
District Munsif may, for any misconduct, be suspended or removed by the Local Government.
**19. Suspension of Subordinate Judge by High Court.—The High Court may, whenever it sees**
urgent necessity for so doing, suspend a Subordinate Judge pending the orders of the Local
Government.
The High Court shall immediately report the circumstances of such suspension,
and the Local Government shall make such order thereon as it thinks fit.
**20. Suspension of District Munsif by High Court. Commission of Inquiry.—The High Court**
may suspend any District Munsif who is alleged to have misconducted himself, or may appoint a
commission for enquiring into his alleged misconduct.
**Exercise by High Court of powers conferred on Government by Act XXXVII of 1850.—The**
provisions of Act No. **XXXVII of 1850 (for regulating enquiries into the behaviour of public**
_servants) shall apply to enquiries under this section, the powers conferred by that Act on the_
Government being exercised by the High Court.
On receiving the report of the result of any such enquiry, the High Court may, if it think fit,
remove the Munsif from office, or suspend him, or reduce him to a lower grade.
**21. Suspension of District Munisf by District Judge.—The District Judge may suspend from**
office, whenever he sees urgent necessity for so doing, any District Munsif under his control.
**Report to High Court.—Whenever a District Judge exercises the power to conferred by this**
section, he shall forthwith send to the High Court the a full report of the circumstances of the case,
together with the evidence, if any, and the High Court shall make such order thereon as it thinks fit.
_______
# PART V.
MINISTERIAL OFFICERS.
**22. Appointment, suspension or removal of Ministerial Officers of District Courts. —The**
Ministerial Officers of the District Courts shall be appointed, and may be suspended or removed, by
the Judges of such Courts, whose orders in such matters shall [1][subject to the control of the High
Court] be final.
2[23. Appointment and removal of ministerial officers of subordinate Courts.—The
Ministerial Officers of the Courts of the Subordinate Judges and District Munsifs shall be appointed
by such Subordinate Judges and District Munsifs, respectively, subject to the approval or confirmation
of the District Judge within whose jurisdiction such Courts are situate, and may [1][Subject to the
control of the High Court] be suspended or removed from offices either by the said District Judge or
1. Ins. by Act 21 of 1885, s. 4.
2. Subs. by Act 19 of 1877, s. 2, for section 23.
6
-----
(subject to his approval or confirmation) by such Subordinate Judges and District Munsifs
respectively.]
**24. Rules regulating such appointments.— Every appointment under this Part shall be made**
subject to such rules as the Local Government from time to time prescribes on this behalf.
**Duties of Ministerial Officers.—Every person appointed under this Part shall perform such duties**
as may from time to time be imposed upon him by the presiding officer of the Court to which he
belongs.
**Present Ministerial Officers.—The present Ministerial Officers of the Courts under this Act shall**
be deemed to have been appointed under this Part.
1[24A. Transfer of Ministerial Officers. — The Local Government may, at the instance of the
District Judge, transfer from any Court, except the High Court, all or any of the ministerial officers of
the Court of such Judge, or of any Subordinate Judge or Distric Munsif under his control.
The District Judge may transfer all or any of the ministerial officers of any Court under his control
to any other such Court.]
**Present Ministerial Officers. —The present Ministerial Officers of the Courts under this Act**
shall be deemed to have been appointed under this Part.
_______
PART VI.
MISCELLANEOUS.
**25. Temporary Discharge of duties of District Judge.—In the event of the death of the District**
Judge,
or of his being incapacitated by illness or otherwise for the performance of his duties,
or of his absence from the station in which his Court is held,
the senior Subordinate Judge of the District shall, without interruption to his ordinary duties,
assume charge of the District Judge’s office, and shall discharge such of the current duties thereof as
are connected with the filing of suits and appeals, the execution of processes and the like,
and shall continue in charge of the office until the same is resumed or assumed by an officer duly
appointed thereto.
**26. District Judge may nominate to vacancy in office of District Munsif.—The District Judge,**
on the occurrence within his district of any vacancy in the office of District Munsif may, pending the
orders of the High Court thereon, appoint such person as he thinks fit to act in such office ;
and he shall at once report to the High Court the occurrence of every such vacancy and such
appointment.
**27. District Judge to control Civil Courts of District.—Subject to the other provisions of this**
Act and to the rules for the time being in force and prescribed by the High Court in this behalf, the
general control over all the Civil Courts under this Act in any District is vested in the District Judge.
**28. Investiture of [2][District or] Subordinate Judge with Small Cause jurisdiction.—The Local**
Government may, by notification in the official Gazette, invest, within such local limits as it shall
from time to time appoint,
any [2][District or] Subordinate Judge with the jurisdiction of a Judge of a Court of Small Causes for
the trial of suits cognizable by such Courts up to the amount of rupees [3][one thousand],
1. Ins. by Act 19 of 1877, s. 3.
2. Ins. by Act 21 of 1885, s. 5.
3. Subs. by Act 18 of 1926, s. 2, for “five hundred”.
7
-----
**Investiture of District Munsif with similar jurisdiction.—and any District Munsif with the same**
jurisdiction up to the amount of rupees fifty [1][or on the recommendation of the High Court up to any
amount not exceeding rupees [2][three hundred]],
and may, by like notification, whenever it thinks fit, withdraw such jurisdiction from the Subordinate
Judge or Munsif so invested.
**3[29. Exercise by Subordinate Judge of jurisdiction of District Judge in certain**
**proceedings.—(1) The High Court may, by general or special order, authorise any Subordinate Judge**
to take cognizance of, or any District Judge to transfer to any Subordinate Judge under his control,
any proceedings under the Indian Succession Act, 1925 (39 of 1925), which cannot be disposed of by
District Delegates.
(2) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred
to, a Subordinate Judge, and may either himself dispose of them or transfer them to a Court under his
control competent to dispose of them.
(3) Notwithstanding anything contained in section 13, proceedings taken cognizance of by, or
transferred to, a Subordinate Judge under the provisions of this section shall be disposed of by him
subject to the law applicable to like proceedings when disposed of by the District Judge.]
**30. Vacation.—The High Court may permit the Civil Courts under its control to adjourn from**
time to time for periods not exceeding in the aggregate two months in each year.
SCHEDULE.—[Enactments repealed.] Rep. by the Repealing Act, 1873 (12 of 1873), s. 2 and the
_Schedule._
_______
1. Ins. by Act 21 of 1885, s. 5.
2. Subs. by Act 18 of 1926, s. 2, for “two hundred”
3. Ins. by Act 14 of 1926, s. 2.
8
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|
28-Jan-1873 | 05 | The Government Savings Promotion Act, 1873 | https://www.indiacode.nic.in/bitstream/123456789/2281/1/A1873_05.pdf | central | # THE GOVERNMENT SAVINGS PROMOTION ACT, 1873
__________
# ARRANGEMENT OF SECTIONS
__________
PREAMBLE
_Preliminary_
SECTIONS
1. Short title.
Local extent.
2. [Omitted.].
3. Definitions.
3A. Framing of Savings Schemes.
3B. Deposit by minor.
_Deposits Belonging to the Estates of Deceased_
4. Nomination by depositor.
4A. Payment on death of depositor.
5. Payment to be discharge.
Saving of right of executor.
Saving of right of creditor.
6. Security for due administration.
7. Power to administer oath.
Penalty for false statements.
7A. Power to call for information.
8. Deposit when excluded in computing court fees.
9. Act not to apply to deposits belonging to estates of European soldiers or deserters.
_Deposits belonging to minors_
10. Payment of deposits to minor or guardian.
11. Legalisation of like payments heretofore made.
_Deposits belonging to lunatics_
12. Payment of deposits belonging to lunatics.
12A. Operation of account by differently abled persons.
_Deposits made by married women_
13. [Omitted.]
_Miscellaneous_
14. Protection of action taken in good faith.
14A. Protection against attachment.
15. Power to make rules.
16. Repeal and savings.
1
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# THE GOVERNMENT SAVINGS PROMOTION ACT, 1873
ACT NO. 5 OF 1973[1]
[28th January, 1873.]
2[An Act to regulate and channelise the savings from general public into Government Savings
Schemes.]
**Preamble.—WHEREAS it is expedient to amend the law relating to the payment of deposits in**
Government Savings Banks; It is hereby enacted as follows:—
_Preliminary_
**1. Short title.—This Act may be called the Government Savings** [3][Promotion] Act, 1873.
**Local extent.—It extends to [4][the whole of India [5]***].**
6* - - -
**2. [Act not to apply to deposits in Anchal Savings Bank.]Omitted by the Finance Act,** 2018 (13 _of_
2018), s. 117 (w.e.f. 1-4-2018).
**[7][3. Definitions.—In this Act, unless the context otherwise requires,—**
(a) “account” means an account opened under any of the Savings Schemes;
(b) “administrator” means an administrator as defined in clause (a) of section 2 of the Indian
Succession Act, 1925 (39 of 1925);
(c) “Authorised Officer” means—
(i) in the case of a Post Office Savings Bank, an officer authorised by the Director General
Posts; and
(ii) in the case of State Bank of India or a banking company or any other company or
institution, an officer so authorised by State Bank of India or that banking company or that other
company or that institution, as the case may be;
(d) “banking company” means a banking company as defined in clause (c) of section 5 of the
Banking Regulation Act, 1949 (10 of 1949);
(e) “depositor” means an individual by whom, or on whose behalf money has been deposited in a
Government Savings Bank and “deposit” means the money so deposited;
(f) “executor” means an executor as defined in clause (c) of section 2 of the Indian Succession
Act, 1925 (39 of 1925);
(g) “Government Savings Bank” means—
(i) a Post Office Savings Bank; or
1. The Act has been extended to the Union territory of Goa, Daman and Diu _vide Notification No. S.O. 2734 dated 1st September,_
1962, see Gazette of India, Extraordinary, Pt. II, Sec. 300, p. 1991, extended to and brought into force in Dadra and Nagar Haveli by
Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965) and to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and
Sch.. (w.e.f. 1-10-1967).
The Act came into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963, S. 3 and Sch. I.
2. Subs. by Act 13 of 2018, s.114, for long title (w.e.f. 1-4-2018).
3. Subs. by s. 115, ibid., for “Banks” (w.e.f. 1-4-2018).
4. Subs. by the A.O.1950, for “all the Provinces of India” which had been subs, by the A. O. 1948, for “the whole of British
India”.
5. The words “except the State of Jammu anti Kashmir” which were subs. by Act 3 of 1951, for “except Part B States” omitted
by Act 62 of 1956, s. 2 and Sch.
6. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I.
7. Subs. by Act 13 of 2018, s. 118, for section 3 (w.e.f. 1-4-2018).
2
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(ii) State Bank of India or a banking company, or any other company or institution, as the
Central Government may, by notification in the Official Gazette, specify for the purposes of this
Act;
(h) “guardian”, in relation to a minor or a person of unsound mind means—
(i) either of the parents;
(ii) where neither parent is alive or where neither or the only living parent is incapable of
acting as such, a person entitled under the law for the time being in force to have the care of the
property of a minor or a person of unsound mind, as the case may be;
(iii) legal guardian appointed by a court;
(i) “minor” means a person who has not attained the age of majority under the Indian Majority
Act, 1875 (9 of 1875);
(j) “prescribed” means prescribed by rules made under this Act;
(k) “Savings Schemes” means the Government Savings Schemes, including Savings Certificates
and Public Provident Fund Scheme, listed in the Schedule;
(l) “Schedule” means the Schedule annexed to this Act.
**3A. Framing of Savings Schemes.—(1) The Central Government may, by notification in the Official**
Gazette, frame new Savings Schemes or amend or discontinue existing Savings Schemes to promote
household savings in the country.
(2) The Central Government may, by notification in the Official Gazette, include or omit or amend
Savings Schemes in the Schedule.
(3) The notification referred to in sub-section (1) may include any or all of the following provisions,
depending on the design of such Scheme, namely:—
(a) the persons who shall be eligible to make deposit in a Savings Scheme;
(b) the terms and conditions subject to which deposit may be made;
(c) the manner of calculation, frequency of payment and rate of interest payable on the deposit;
(d) the maximum and minimum limits of deposit;
(e) premature closure, withdrawal of deposit, grant of loans against deposit and transfer of
deposit;
(f) any other provision depending on the purpose and design of the Savings Scheme.
**3B. Deposit by minor.—(1) A minor who has attained the age of ten years may open and operate an**
account in the Government Savings Bank, if so permitted under a Savings Scheme.
(2) Subject to the provisions of sub-section (1), the guardian of a minor may open and operate an
account on behalf of the minor, till he becomes a major.]
_Deposits Belonging to the Estates of Deceased_
1[4. Nomination by depositor.—2[(1) The depositors shall designate one or more individuals, as
nominee or nominees, who shall be entitled, in the event of the death of the depositor of a single account,
or all the depositors of a joint account, as the case may be, to receive the sum due, as an owner or a
trustee, and to the extent, as may be specified by the depositor at the time of making nomination:
Provided that if the depositor is a minor or a person of unsound mind, the nominee shall be
designated by the guardian.]
1. Subs. by Act 45 of 1959, s. 3, for the former s. 4.
2. Subs. by Act 13 of 2018, s. 119, for sub-section (1) (w.e.f. 1-4-2018).
3
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(2) Any nomination referred to in sub-section (1) shall become void if the nominee predeceases, or
where there are two or more nominees, all the nominees predecease; the depositor.
(3) Where the nominee is a minor it shall be lawful for the depositor to appoint in the
prescribed manner any person to receive the deposit in the event of his death during the minority of
the nominee.
1[(4) The transfer of deposit, if permitted under a Savings Scheme, shall automatically cancel a
nomination previously made.]
**4A. Payment on death of depositor.—(1) If a depositor dies and there is in force at the**
time of the death of the depositor a nomination in favour of any person, the deposit shall be paid
to the nominee.
(2) Where the nominee is a minor, the deposit shall be paid—
(a) in any case where a person has been appointed to receive it under sub-section (3) of section 4,
to that person; and
(b) where there is no such person, to the guardian of the minor for the use of the minor.
(3) Where a deposit is payable to two or more nominees and either or any of them is dead, the deposit
shall be paid to the surviving nominee or nominees.
2[(3A) Where the deposit belongs to a minor or to a person of unsound mind who dies and there is no
nominee immediately before the date of commencement of Part I of Chapter VIII of the Finance Act,
2018, the deposit shall be paid to the guardian.]
(4) If a depositor dies and there is no nomination in force at the time of his death and probate
of his will or letters of administration of his estate or a succession certificate granted under the
Indian Succession Act, 1925 (39 of 1925), is not within three months of the death of the
depositor produced to the [3][Authorised Officer] of the Government Savings Bank in which the
deposit is, then—
(a) if the deposit does not exceed [4][such limit as may be prescribed] the [3][Authorised Officer]
may pay the same to any person appearing to him to be entitled to receive it or to administer the estate
of the [5][deceased in accordance with such procedure as may be prescribed.]
6* - - - -
7* - - - -
**5. Payment to be a discharge.—** [8][Any payment made in accordance with the foregoing
provisions of this Act] shall be a full discharge from all further liability in respect of the money so
paid
**Saving of right of executor.—** **[9][Nothing] herein contained precludes any executor or**
administrator, or other representative of the deceased, from recovering from the person
receiving the same the amount remaining in his hands after deducting the amount of all debts
or other demands lawfully paid or discharged by him in due course of administration.
1. Ins. by Act 13 of 2018, s. 119 (w.e.f. 1-4-2018).
2. Ins. by s. 120, ibid. (w.e.f. 1-4-2018).
3. Subs. by s. 116, ibid., for “Secretary” (w.e.f. 1-4-2018).
4. Subs. by Act 56 of 1985, s. 2, for “five thousand rupees”.
5. Subs. by Act 13 of 2018, s. 120, for “deceased; and” (w.e.f. 1-4-2018).
6. Clause (b) omitted by s. 120, ibid. (w.e.f. 1-4-2018).
7. Sub-section (5) omitted by s. 120, ibid. (w.e.f. 1-4-2018).
8. Subs, by Act 45 of 1959, s. 4 for “Such payment”.
9. Subs. by Act 13 of 2018, s. 121, for “But nothing” (w.e.f. 1-4-2018).
4
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**Saving of right of creditor.—[1][Every creditor] or claimant against the estate of the deceased**
may recover his debt or claim out of the money paid under this Act, [2]*** to any person, and remaining
in his hands unadministered, in the same manner and to the same extent as [3][if that person had obtained]
letters of administration of the estate of the deceased.
**6. Security for due administration.—The [4][Authorised Officer] of [5][a Government Savings**
Bank] may take such security as he thinks necessary from any person [6][to whom he pays any
money under sub-section (4) of section 4A] for the due administration of the money so paid,
and he may assign the said security to any person interested in such administration.
**7. Power to administer oath.—For the purpose of ascertaining the right of the person**
claiming to be entitled as aforesaid, the [4][Authorised Officer] of [7][a Government Savings Bank]
may take evidence on oath or affirmation according to the law [8] for the time being relating to oaths
oaths and affirmations.
**Penalty for false statements.—Any person who, upon such oath or affirmation, makes any**
statement which is false, and which he either knows or believes to be false or does not believe to
be true, shall be deemed guilty of an offence under section 193 of the Indian Penal Code
(45 of 1860).
9[7A. Power to call for information.—The Central Government through any designated authority,
may call for such information, documents and evidence as it may deem necessary, in relation to any
account, for carrying out the purposes of this Act.]
**8. Deposit when excluded in computing court fees.—Where the amount of the deposit belonging to**
the estate of a deceased depositor does not exceed [10][the prescribed limit] such amount shall be excluded
in computing the fee chargeable, under the Court-fees Act, 1870 (7 of 1870), on the probate, or letters of
administration, or certificate (if any), granted in respect of his property[11]:
Provided that the person claiming such probate or letters or certificate shall exhibit to the Court
authorised to grant the same a certificate of the amount of the deposit in any Government Savings
Bank belonging to the estate of the deceased. Such certificate shall be signed by the [4][Authority
Officer] of such Bank, and the Court shall receive it as evidence of the said amount.
**9.** [Act not to apply to deposits belonging to estates of European soldiers or deserters.] Rep. by the
_Government Savings Banks (Amendment) Act, 1959 (45 of 1959), s. 7._
_Deposits belonging to minors_
**10. Payment of deposits to minor or guardian.—Any deposit made by,** [12][or on behalf of, a
minor], may be paid to him personally, if he made the deposit, or to his guardian [13][for the use of
such minor], if the deposit was made by any person other than the minor, together with the
interest accrued thereon.
The [14][receipt of the minor] or guardian, for money paid to him under this section, shall be a
sufficient discharge therefor.
1. Subs. by Act 13 of 2018, s. 121, for “And any creditor” (w.e.f. 1-4-2018).
2. Of the words “or the said Act No. 26 of 1855” the words “the said” were omitted by Act 12 of 1891, s. 2 and Sch. I, Pt. I, and
the remaining words by Act 45 of 1959, s. 4.
3. Subs. by Act 13 of 2018, s. 121, for “if the latter had obtained” (w.e.f. 1-4-2018).
4. Subs. by Act 13 of 2018, s. 116, for “Secretary” (w.e.f. 1-4-2018).
5. Subs. by s. 122, ibid., for certain words (w.e.f. 1-4-2018).
6. Subs. by Act 45 of 1959, s. 5, for “to whom he pays any money under section 4”.
7. Subs. by Act 13 of 2018, s. 123, for certain words (w.e.f. 1-4-2018).
8. See the Indian Oaths Act, 1873 (10 of 1873).
9. Ins. by Act 13 of 2018, s. 124 (w.e.f. 1-4-2018).
10. Subs. by s. 125, ibid., for “three thousand rupees[”] (w.e.f. 1-4-2018).
11.Cf. the Savings Bank Act, 1828 (9 Geo. 4, c. 92), s. 40, now rep. by the Savings Banks Act, 1863 (26 and
27 Viet., c. 87).
12. Subs. by Act 13 of 2018, s. 126, for “or on behalf of, any minor” (w.e.f. 1-4-2018).
13. Subs. by s. 126, ibid., for “for his use” (w.e.f. 1-4-2018).
14. Subs. by s. 126, ibid., for “receipt of any minor” (w.e.f. 1-4-2018).
5
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**11.** [Legalization of like payments heretofore made.] Rep. by the Government Savings Banks
_(Amendment) Act, 1959 (45 of 1959), s. 7._
_Deposits belonging to lunatics_
**12. Payment of deposits belonging to lunatics.—If any depositor becomes insane or otherwise**
incapable of managing his affairs,
and if such insanity or incapacity is proved to the satisfaction of the [1][Authorised Officer] of the
2[Government Savings Bank] in which his deposit may be,
such [1][Authorised Officer] may, from time to time, make payments out of the deposit to
3[guardian],
and the receipt of [4][such guardian], for money paid under this section, shall be a sufficient discharge
therefor,
Where a committee or manager of the depositor’s estate has been duly appointed, [5][payments shall be
be made to] such committee or manager.
6[12A. Operation of account by differently abled persons.—Any depositor who suffers from
physical infirmity, including blindness may operate and make a deposit through any literate individual
whom he authorises.]
_7***_
**13. [Payment of married women’s deposits.]** _Omitted by the Finance Act, 2018 (13 of 2018), s. 130_
(w.e.f. 1-4-2018).
8Miscellaneous
**14. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the**
1[Authorised Officer] or any other officer of the 9[Central Government] in respect of anything which is in
good faith done or intended to be done under this Act.
10[14A. Protection against attachment.—The amount standing to the credit of any depositor in the
Public Provident Fund Scheme shall not be liable to attachment under any decree or order of any court in
respect of any debt or liability incurred by the depositor.]
# 15. Power to make rules.—(1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
11* - - -
12[(b) the conditions as to interest or discount relating to deposits generally, or any class of
deposits in particular;]
(c) the non-accrual of interest on deposits when the maximum limits are exceeded and the
recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other
manner;
1. Subs. by Act 13 of 2018, s. 116, for “Secretary” (w.e.f. 1-4-2018).
2. Subs. by s. 127, ibid., for “Bank” (w.e.f. 1-4-2018).
3. Subs. by s. 127, ibid., for “any proper person” (w.e.f. 1-4-2018).
4. Subs. by s. 127, ibid., for “such person” (w.e.f. 1-4-2018).
5. Subs. by s. 127, ibid., for “nothing in this section authorises payments to any person other than” (w.e.f. 1-4-2018).
6. Ins. by s. 128, ibid. (w.e.f. 1-4-2018).
7. The heading “Deposits made by married women” omitted by s. 129, ibid. (w.e.f. 1-4-2018).
8. Subs. by s. 9, ibid., for the heading “Rules”, and s. 14.
9 .Subs. by Act 13 of 2018, s. 131, for “Government” (w.e.f. 1-4-2018).
10. Ins. by s. 132, ibid. (w.e.f. 1-4-2018).
11. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
12. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018).
6
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(d) the persons to whom and the manner in which deposits may be paid;
(e) the form of nominations, the manner in which, the persons in whose favour and the
conditions and restrictions subject to which, nominations may be made and the registration of
nominations;
(f) the variation or cancellation of nominations;
1[(g) the fees that may be levied for discharge of any services under this Act;]
(h) the manner in which any person may be appointed for the purpose of subsection (3) of section
4;
2[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A;
(j) the mode of making deposits, such as physical, electronic or through use of any other tools of
communication and information technology;
(k) benchmark for interest rates on deposits with a view to ensure financial sustainability of
Savings Schemes;
(l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870
(7 of 1870) for the purpose of section 8 of the Act;
(m) mechanism for redressal of grievances and settlement of disputes;
(n) any other matter which is required to be or may be, prescribed.]
(3) Every rule made under this section shall be laid as soon as may be after it is made before each
House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session or [3][in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid] both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so however that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]
**4[16. Repeal and savings.—(1) The Government Savings Certificates Act, 1959 (46 of 1959) and the**
the Public Provident Fund Act, 1968 (23 of 1968) are hereby repealed.
(2) Notwithstanding such repeal and without prejudice to the provisions contained in the General
Clauses Act, 1897 (10 of 1897), with respect to repeals—
(a) anything done or any action taken or purported to have been done or taken, including any rule,
notification, order or notice made or issued or any direction given under the repealed enactments shall
be deemed to have been done or taken under the corresponding provisions of this Act;
(b) subject to the provisions of clause (a), any instrument executed or certificate issued, or
anything done under or in pursuance of any repealed enactment shall, if is in force at the
commencement of Part I of Chapter VIII of the Finance Act, 2018, continue to be in force in so far as
it could have been executed, or issued or done under or in pursuance of such Part, shall have effect as
if the same has been executed, issued or done under or in pursuance of the provisions contained in the
aforesaid Part;
(c) all deposits made or accounts or certificates held under the repealed enactments shall be
deemed to be deposits or holdings in the Savings Scheme made under the corresponding provisions of
this Act; and
(d) any proceeding under the repealed enactments pending immediately before the
commencement of Part I of Chapter VIII of the Finance Act, 2018 before any court shall, subject to
the provisions of this Act, continue to be heard and disposed of by the said court.
1. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018).
3. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984).
4. Ins. by Act 13 of 2018, s. 134 (w.e.f. 1-4-2018).
7
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(3) The repeal shall not prejudicially affect the interest of depositors who, before the commencement
of Part I of Chapter VIII of the Finance Act, 2018, made deposits or were issued certificates or made
contribution to any scheme under the repealed enactments.
8
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THE SCHEDULE
[See section 3A]
This Act applies to the following Government Savings Schemes:
PART A
EXISTING SAVINGS SCHEMES
1. Post Office Savings Account
2. National Savings Monthly Income (Account)
3. National Savings Recurring Deposit
4. Sukanya Samridhhi Account
5. National Savings Time Deposit (1 year, 2 years, 3 years and 5 years)
6. Senior Citizens' Savings Scheme
7. Savings Certificates:—
_(a)Kisan Vikas Patra (discontinued from 1st December, 2011 and restarted from 23rd_
September, 2014);
_(b)National Savings Certificates (VIII Issue)._
8. Public Provident Fund Scheme
PART B
DISCONTINUED SAVINGS SCHEMES
1. National Savings Scheme, 1987
2. National Savings Scheme, 1992
3. Block Deposit Account
4. Defence Savings Account
5. Gift Coupons
6. Cumulative Time Deposit Accounts:—
(a) 5-year account
(b) 10-year account
(c) 15-year account
7. 5-year Prize Bonds
8. 5-year Premium Prize Bonds
9. 5-year Compulsory Deposit Account Scheme, 1963
10. 5-year Fixed Deposit Account
11. 5-Year Cash Certificates
12. 10-Year Defence Savings Certificates
13. 12-Year National Savings Certificates
14. 7-Year National Savings Certificates
15. 5-Year National Savings Certificates
16. 10-Year Treasury Savings Deposits Certificates
17. 15-Year Annuity Certificates (I series)
9
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18. 10-Year National Plan Savings Certificates
19. 10-Year Treasury Savings Deposits Certificates
20. 12-Year National Plan Savings Certificates
21. 15-Year Annuity Certificates (II series)
22. 10-Year Defence Deposit Certificates
23. 12-Year National Defence Certificates
24. 10-Year National Savings Certificates (I-Issue)
25. 7-Year National Savings Certificates (II-Issue)
26. 7-Year National Savings Certificates (III-Issue)
27. 7-Year National Savings Certificates (IV-Issue)
28. 7-Year National Savings Certificates (V-Issue)
29. 12-Year National Savings Annuity Certificates
30. 5-Year National Development Bonds
31. 6-Year National Savings Certificates (VI-Issue)
32. 6-Year National Savings Certificates (VII-Issue)
33. 10-Year Social Security Certificates
34. Indira Vikas Patras
35. 10-Year National Savings Certificates (IX-Issue).]
10
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|
11-Feb-1873 | 08 | The Northern India Canal and Drainage Act, 1873 | https://www.indiacode.nic.in/bitstream/123456789/2282/1/a1873-08.pdf | central | # THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873
__________
ARRANGEMENT OF SECTIONS
__________
PREAMBLE
PART I
PRELIMINARY
SECTIONS
1. Short title.
Local extent.
2. [Repealed.]
3. Interpretation clause.
4. Power to appoint officers.
PART II
OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES
5. Notification to issue when water-supply is to be applied for public purposes.
6. Powers of Canal-officer.
7. Notice as to claims for compensation.
8. Damage for which compensation shall not be awarded.
Matters in respect of which compensation may be awarded.
9. Limitation of claims.
10. Enquiry into claims and amount of compensation.
11. Abatement of rent on interruption of water-supply.
12. Enhancement of rent on restoration of water-supply.
13. Compensation when due.
Interest.
PART III
OF THE CONSTRUCTION AND MAINTENANCE OF WORKS
14. Power to enter and survey, etc.
Power to clear land.
Power to inspect and regulate water-supply.
Notice of intended entry into houses.
Compensation for damage caused by entry.
15. Power to enter for repairs and to prevent accidents.
Compensation for damage to land.
16. Application by persons desiring to use canal-water.
Contents of application.
Liability of applicants for cost of works.
Recovery of amount due.
17. Government to provide means of crossing canals.
***Subject to verification and confirmation by Ministry.**
1
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SECTIONS
18. Persons using water-course to construct works for passing water across roads, etc.
If they fail, Canal-officer may construct, and recover cost.
19. Adjustment of claims between persons jointly using water-course.
Recovery of amount found due.
20. Supply of water through intervening water-course.
21. Application for construction of new water-course.
22. Procedure of Canal-officer thereupon.
23. Application for transfer of existing water-course.
Procedure thereupon.
24. Objections to construction or transfer applied for.
25. When applicant may be placed in occupation.
26. Procedure when objection is held valid.
27. Procedure when Canal-officer disagrees with Collector.
28. Expenses to be paid by applicant before receiving occupation.
Procedure in fixing compensation.
Recovery of compensation and expenses.
29. Conditions binding on applicant placed in occupation.
30. Procedure applicable to occupation for extensions and alterations.
PART IV
OF THE SUPPLY OF WATER
31. In absence of written contract, water-supply to be subject to rules.
32. Conditions as to—
power to stop water-supply;
claims to compensation in case of failure or stoppage of supply;
claims on account of interruption from other causes;
duration of supply;
sale or sub-letting of right to use canal-water;
transfer, with land, of contracts for water;
no right acquired by user.
PART V
OF WATER-RATES
33. Liability when person using unauthorizedly cannot be identified.
34. Liability when water runs to waste.
35. Charges recoverable in addition to penalties.
Decision of questions under sections 33 and 34.
36. Charge on occupier for water, how determined.
“Occupier’s rate.”
37. “Owner’s rate.”
38. Amount of owner’s rate.
39. Owner’s rate, when not chargeable.
40. When occupier is to pay both owner’s rate and occupier’s rate.
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SECTIONS
41. Power to make rules for apportioning owner’s rate.
42. When owner is to pay ‘owner’s rate.
43. Effect of introduction of canal-irrigation on landlord’s right to enhance.
44. Water-rate by whom payable, when charged on land held by several owners.
_Recovery of charges_
45. Certified dues recoverable as land-revenue.
46. Power to contract for collection of canal-dues.
47. Lambardars may be required to collect canal-dues.
48. Fines excluded from sections 45, 46 and 47.
PART VI
OF CANAL NAVIGATION
49. Detainer of vessels violating rules.
Liability of owners of vessels causing damage.
50. Recovery of fines for offences in navigating canals.
51. Power to seize and detain vessel on failure to pay charges.
52. Power to seize cargo or goods, if charges due thereon are not paid.
53. Procedure for recovery of such charges after seizure.
54. Procedure in respect of vessels abandoned and goods unclaimed.
Disposal of proceeds of sale.
PART VII
OF DRAINAGE
55. Power to prohibit obstructions or order their removal.
56. Power to remove obstructions after prohibition.
57. Preparation of schemes for works of improvement.
58. Powers of persons employed on such schemes.
59. Rate on lands benefited by works.
60. Recovery of rate.
61. Disposal of claims to compensation.
62. Limitation of such claims.
PART VIII
OF OBTAINING LABOUR FOR CANALS AND DRAINAGE-WORKS
63. Definition of “labourer”.
64. Power to prescribe number of labourers to be supplied by persons benefited by canal.
65. Procedure for obtaining labour for works urgently required.
66. Liability of labourers under requisition.
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PART IX
OF JURISDICTION
SECTIONS
67. Jurisdiction under this Act of Civil Courts.
68. Settlement of differences as to mutual rights and liabilities of persons interested in water-course.
69. Power to summon and examine witnesses.
PART X
OF OFFENCES AND PENALTIES
70. Offences under Act.
Penalty.
71. Saving of prosecution under other laws.
72. Compensation to person injured.
73. Power to arrest without warrant.
74. Definition of “canal”.
PART XI
OF SUBSIDIARY RULES
75. Power to make, alter and cancel rules.
Publication of rules.
_SCHEDULE.—[Repealed.]_
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# THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873
ACT NO. 8 OF 1873
[11th February, 1873.]
# An Act to regulate irrigation, navigation and drainage in Northern India.
**Preamble.—WHEREAS, throughout the territories to which this Act extends, the State**
Government is entitled to use and control for public purposes the water of all rivers and streams
flowing in natural channels, and of all lakes and other natural collections of still water; and whereas
it is expedient to amend the law relating to irrigation, navigation and drainage in the said territories;
It is hereby enacted as follows:—
PART I
PRELIMINARY
**1. Short title.—This Act may be called the Northern India Canal and Drainage Act, 1873.**
**Local extent.—It extends to [1][Uttar Pradesh and the [2][territories which, immediately before**
the 1st November, 1956, were comprised in the States of Punjab and Delhi]] and applies to all
lands whether permanently settled, temporarily settled, or free from revenue.
3* - - -
**2.** [Repeal of Acts.] Rep. by the Repealing Act, 1873 (12 of 1873), s. 1 and Schedule.
**3. Interpretation-clause.—In this Act, unless there be something repugnant in the subject or**
context:—
(1) **“Canal”.—“canal” includes—**
(a) all canals, channels and reservoirs constructed, maintained or controlled by the State
Government for the supply or storage of water;
(b) all works, embankments, structures, supply and escape channels connected with such
canals, channels or reservoirs;
(c) all water-courses as defined in the second clause of this section;
(d) any part of a river, stream, lake or natural collection of water, or natural
drainage-channel, to which the State Government has applied the provisions of
Part II of this Act;
(2) **“Water-course”.—“water-course” means any channel which is supplied with water**
from a canal, but which is not maintained at the cost of the State Government, and all
subsidiary works belonging to any such channel;
(3) **“Drainage-work”.—“drainage-work” includes escape-channels from a canal, dams,**
weirs, embankments, sluices, groins and other works for the protection of lands from flood or
from erosion, formed or maintained by the State Government under the provisions of Part VII
of this Act, but does not include works for the removal of sewage from towns;
4(4) “Vessel”.—“vessel” includes boats, rafts, timber and other floating bodies;
1. Subs. by the A.O.1948, for the original words as amended by the A.O.1937. The Act originally extended to the
territories which are now the U.P., the Punjab, and the C.P. It has been rep. in the C.P. by the C.P. Irrigation Act,
1931 (C.P. Act 3 of 1931). It has been declared not to apply to any canal which is included for the time being under
Sch. I or Sch. II to the Punjab Minor Canals Act, 1905 (Pun. Act 3 of 1905), _see_ s. 2 (3) of that Act. The Act has
been amended and in Punjab by Pun. Acts 19 of 1953, 22 of 1960 and 18 of 1974’ ’ in U.P. by U.P. Acts 30 of 1956
and 16 of 1974; and in Haryana by Haryana Acts 4 of 1971 and 29 of 1974.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “States of Punjab and Delhi”.
3. The commencement paragraph rep. by Act 16 of 1874, s. 1 and Schedule.
4. Cf. definition in the General Clauses Act, 1897 (10 of 1897), s. 3.
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(5) “Commissioner”.—“Commissioner” means a Commissioner of a division, and includes any
officer appointed under this Act to exercise all or any of the powers of a Commissioner;
1(6) **“Collector”.—“Collector” means the head revenue-officer of a district, and includes a**
Deputy Commissioner or other officer appointed under this Act to exercise all or any of the powers of
a Collector;
(7) “Canal-officer”.—“Canal-officer” means an officer appointed under this Act to exercise
control or jurisdiction over a canal or any part thereof;
**“Superintending Canal-officer”.—“Superintending Canal-officer” means an officer exercising**
general control over a canal or portion of a canal;
**“Divisional Canal-officer”.—“Divisional Canal-officer” means an officer exercising control**
over a division of a canal;
**“Sub-divisional Canal-officer”.—“Sub-divisional Canal-officer” means an officer exercising**
control over a sub-division of a canal;
(8) “District”.—“District” means a district as fixed for revenue purposes.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 3 of Act No. VIII of 1873.— In clause (8) of section 3 of the Northern India**
Canal and Drainage Act, 1873 (hereinafter called the principal Act) for the full stop a semi-colon shall be
substituted and thereafter the following shall be added as new clauses (9) and (10) ;
“(9) ‘irrigable command area’ means such area of culturable land or grove land which, for purposes
of irrigation, can be commanded through a single outlet in a canal or by a single tube-well and the limits
of which are fixed in this behalf by the Divisional Canal Officer ; and
(10) ‘Prescribed’ means prescribed by rules made under this Act.
# [Vide Uttar Pradesh Act V of 1963, s. 2]
**4. Power to appoint officers.—The State Government may from time to time declare, by notification**
in the Official Gazette, the officers by whom, and the local limits within which, or any of the powers or
duties hereinafter conferred or imposed shall be exercised or performed.
All officers mentioned in section 3, clause (7), shall be respectively subject to the orders of such
officers as the State Government from time to time directs.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 4 of Act No. XVII of 1878.—In the first proviso to section 4 of the Northern**
India Ferries Act, 1878, as amend in its application to Uttar Pradesh, between the words “two States” and
the words “the powers”, the words “to which this Act applies” shall be inserted.
[Vide Uttar Pradesh Act IV of 1960, s. 2]
PART II
OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES
**5. Notification to issue when water-supply is to be applied for public purposes.—Whenever it**
appears expedient to the State Government that the water of any river or stream flowing in a natural
channel, or of any lake or other natural collection of still water, should be applied or used by the State
Government for the purpose of any existing or projected canal or drainage-work, the State Government
1. Cf. definition in the General Clauses Act, 1897 (10 of 1897), s. 3 (11).
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may, by notification in the Official Gazette, declare that the said water will be so applied or used after a
day to be named in the said notification, not being earlier than three months from the date thereof.
**6. Powers of Canal-officer.—At any time after the day so named, any Canal-officer, acting under the**
orders of the State Government in this behalf, may enter on any land and remove any obstructions, and
may close any channels, and do any other thing necessary for such application or use of the said water.
**7. Notice as to claims for compensation.—As soon as is practicable after the issue of such**
notification, the Collector shall cause public notice to be given at convenient places, stating that the State
Government intends to apply or use the said water as aforesaid, and that claims for compensation in
respect of the matters mentioned in section 8 may be made before him.
**8. Damage for which compensation shall not be awarded.—No compensation shall be awarded for**
any damage caused by—
(a) stoppage or diminution of percolation or floods;
(b) deterioration of climate or soil;
(c) stoppage of navigation, or of the means of drifting timber or watering cattle;
(d) displacement of labour.
**Matters in respect of which compensation may be awarded.—But compensation may be awarded**
in respect of any of the following matters:—
(e) stoppage or diminution of supply of water through any natural channel to any defined
artificial channel, whether above or underground, in use at the date of the said notification;
(f) stoppage or diminution of supply of water to any work erected for purposes of profit on any
channel, whether natural or artificial, in use at the date of the said notification;
(g) stoppage or diminution of supply of water through any natural channel which has been
used for purposes of irrigation within the five years next before the date of the said notification;
(h) damage done in respect of any right to a water-course or the use of any water to which any
person is entitled under the [1]Indian Limitation Act, 1877 (15 of 1877), Part IV;
(i) any other substantial damage, not falling under any of the above clauses ( _a), (b), (c)_ or
(d), and caused by the exercise of the powers conferred by this Act, which is capable of being
ascertained and estimated at the time of awarding such compensation.
In determining the amount of such compensation, regard shall be had to the diminut ion
in the market-value, at the time of awarding compensation of the property in respect of
which compensation is claimed; and, where such market-value is not ascertainable, the
amount shall be reckoned at twelve times the amount of the diminution of the annual nett
profits of such property caused by the exercise of the powers conferred by this Act.
No right to any such supply of water as is referred to in clauses (e), (f) or (g) of this
section, in respect of a work or channel not in use at the date of the notification, shall be
acquired as against the State Government, except by grant or under the [1]Indian Limitation
Act, 1877 (15 of 1877), Part IV;
and no right to any of the advantages referred to in clauses (a), (b) and (c) of this section shall be
acquired, as against the State Government, under the same Part.
**9. Limitation of claims.—No claim for compensation for any such stoppage, diminution**
or damage shall be made after the expiration of one year from such stoppage, diminution or
damage, unless the Collector is satisfied that the claimant had sufficient cause for not making
the claim within such period.
1. See now the Indian Limitation Act, 1963 (36 of 1963).
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**10. Enquiry into claims and amount of compensation.—The Collector shall proceed to**
enquire into any such claim, and to determine the amount of compensation, if any, which should
be given to the claimant; and sections 9 to 12 (inclusive), 14 and 15, 18 to 23 (inclusive), 26 to
40 (inclusive), 51, 57, 58 and 59 of the [1]Land Acquisition Act, 1870 (10 of 1870), shall apply to
such enquiries:
Provided that, instead of the last clause of the said section 26, the following shall be
read:—“The provisions of this section and of section 8 of the Northern India Canal and
Drainage Act, 1873 (8 of 1873), shall be read to every assessor in a language which he
understands, before he gives his opinion as to the amount of compensation to be
awarded.”
**11. Abatement of rent on interruption of water-supply.—Every tenant holding under**
an unexpired lease, or having a right of occupancy, who is in occupation of any land at the
time when any stoppage or diminution of water-supply, in respect of which compensation
is allowed under section 8, takes place, may claim an abatement of the rent previously
payable by him for the said land, on the ground that the interruption reduces the value of
the holding.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 11 of Act XVII of 1878.— In section 11 of the Northern India Ferries Act,**
1878, for the words “one month’s thin” the word “three months” shall be substituted.
[Vide Uttar Pradesh Act XXIX of 1948, s. 2]
**12. Enhancement of rent on restoration of water-supply.—If a water-supply increasing the value**
of such holding is afterwards restored to the said land, the rent of the tenant may be enhanced in respect
of the increased value of such land due to the restored water-supply, to an amount not exceeding that at
which it stood immediately before the abatement.
Such enhancement shall be on account only of the restored water-supply, and shall not
affect the liability of the tenant to enhancement of rent on any other grounds.
**13. Compensation when due.—All sums of money payable for compensation under this**
Part shall become due three months after the claim for such compensation is made in
respect of the stoppage, diminution or damage complained of,
**Interest.—and simple interest at the rate of six per cent. per** annum shall be allowed on any
such sum remaining unpaid after the said three months, except where the non-payment of such
sum is caused by the wilful neglect or refusal of the claimant to receive the same.
PART III
OF THE CONSTRUCTION AND MAINTENANCE OF WORKS
**14. Power to enter and survey, etc.—Any** Canal-officer, or other person acting under the general or
special order of a Canal-officer,
may enter upon any lands adjacent to any canal, or through which any canal is
proposed to be made, and undertake surveys or levels thereon;
and dig and bore into the sub-soil;
and make and set up [-]suitable land-marks, level-marks and water-gauges;
and do all other acts necessary for the proper prosecution of any enquiry relating to any
existing or projected canal under the charge of the said Canal-officer;
1. See now the Land Acquisition Act, 1894 (1 of 1894).
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**Power to clear land.—and, where otherwise such enquiry cannot be completed, such**
officer or other person may cut down and clear away any part of any standing crop, fence
or jungle;
**Power to inspect and regulate water-supply.—And may also enter upon any land,**
building or water-course on account of which any water-rate is chargeable, for the purpose
of inspecting or regulating the use of the water supplied, or of measuring the lands
irrigated thereby or chargeable with a water-rate, and of doing all things necessary for the
proper regulation and management of such canal:
**Notice of intended entry into houses.—Provided that, if such Canal-officer or**
person proposes to enter into any building or enclosed court or garden attached to a
dwelling-house not supplied with water flowing from any canal, he shall previously give
the occupier of such building, court or garden at least seven days’ notice in writing of
his intention to do so.
**Compensation for damage caused by entry.—In every case of entry under this section, the Canal-**
officer shall, at the time of such entry, tender compensation for any damage which may be occasioned by
any proceeding under this section; and, in case of dispute as to the sufficiency of the amount so tendered,
he shall forthwith refer the same for decision by the Collector, and such decision shall be final.
**15. Power to enter for repairs and to prevent accidents.—In case of any accident happening or**
being apprehended to a canal any Divisional Canal-officer or any person acting under his general or
special orders in this behalf may enter upon any lands adjacent to such canal, and may execute all works
which may be necessary for the purpose of repairing or preventing such accident.
**Compensation for damage to land.—In every such case such Canal-officer or person**
shall tender compensation to the proprietors or occupiers of the said lands for all damage
done to the same. If such tender is not accepted, the Canal-officer shall refer the matter to
the Collector, who shall proceed to award compensation for the damage as though the State
Government had directed the occupation of the lands under section 43 of the [1]Land Acquisition Act, 1870 (10 of 1870).
**16. Application by persons desiring to use canal-water.—Any persons desiring to use the water of**
any canal may apply in writing to the Divisional or Sub-Divisional Canal-officer of the division or
sub-division of the canal from which the water-course is to be supplied, requesting such officer to
construct or improve a water-course at the cost of the applicants.
**Contents of application.—The application shall state the works to be undertaken, their approximate**
estimated cost, or the amount which the applicants are willing to pay for the same, or whether they
engage to pay the actual cost as settled by the Divisional Canal-officer, and how the payment is to be
made.
**Liability of applicants for cost of works.—When the assent of the Superintending Canal-officer is**
given to such application, all the applicants shall, after the application has been duly attested before the
Collector, be jointly and severally liable for the cost of such works to the extent mentioned therein.
**Recovery of amount due.—Any amount becoming due under the terms of such application, and not**
paid to the Divisional Canal-officer, or the person authorised by him to receive the same, on or before the
date on which it becomes due, shall, on the demand of such officer, be recoverable by the Collector as if it
were an arrear of land-revenue.
**17. Government to provide means of crossing canals.—There shall be provided, at the cost of the**
State Government, suitable means of crossing canals constructed or maintained at the cost of the State
Government, at such places as the State Government thinks necessary for the reasonable convenience of
the inhabitants of the adjacent lands.
1. See now the Land Acquisition Act, 1894 (1 of 1894).
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On receiving a statement in writing, signed by not less than five of the owners of such lands, to the
effect that suitable crossings have not been provided on any canal, the Collector shall cause enquiry to be
made into the circumstances of the case, and if he thinks that the statement is established, he shall report
his opinion thereon for the consideration of the State Government, and the State Government shall cause
such measures in reference thereto to be taken as it thinks proper.
**18. Persons using water-course to construct works for passing water across roads, etc.—The**
Divisional Canal-officer may issue an order to the persons using any water-course to construct suitable
bridges, culverts or other works for the passage of the water of such water-course across any public road,
canal or drainage-channel in use before the said water-course was made, or to repair any such works.
Such order shall specify a reasonable period within which such construction or repairs shall be
completed;
**If they fail, Canal-officer may construct.—and if, after the receipt of such order, the persons to**
whom it is addressed do not, within the said period, construct or repair such works to the satisfaction of
the said Canal-officer, he may, with the previous approval of the Superintending Canal-officer, himself
construct or repair the same;
**and recover cost.—and if the said persons do not, when so required, pay the cost of such**
construction or repairs as declared by the Divisional Canal-officer, the amount shall, on the demand of the
Divisional Canal-officer, be recoverable from them by the Collector as if it were an arrear of
land-revenue.
**19. Adjustment of claims between persons jointly using water-course.—If any person, jointly**
responsible with others for the construction or maintenance of a water-course, or jointly making use of a
water-course with others, neglects or refuses to pay his share of the cost of such construction or
maintenance, or to execute his share of any work necessary for such construction or maintenance, the
Divisional or Sub-divisional Canal-officer, on receiving an application in writing from any person injured
by such neglect or refusal, shall serve notice on all the parties concerned that, on the expiration of a
fortnight from the service, he will investigate the case; and shall, on the expiration of that period,
investigate the case accordingly, and make such order thereon as to him seems fit.
Such order shall be appealable to the Commissioner, whose order thereon shall be final.
**Recovery of amount found due.—Any sum directed by such order to be paid within a**
specified period may, if not paid within such period, and if the order remains in force, be
recovered by the Collector, from the person directed to pay the same, as if it were an
arrear of land-revenue.
**20. Supply of water through intervening water-course.—Whenever application is**
made to a Divisional Canal-officer for a supply of water from a canal, and it appears to him
expedient that such supply should be given and that it should be conveyed through some
existing water-course, he shall give notice to the persons responsible for the maintenance
of such water-course to show cause, on a day not less than fourteen days from the date of
such notice, why the said supply should not be so conveyed; and, after making enquiry on
such day, the Divisional Canal-officer shall determine whether and on what conditions the
said supply shall be conveyed through such water-course.
When such officer determines that a supply of canal-water may be conveyed through
any water-course as aforesaid, his decision shall, when confirmed or modified by the
Superintending Canal-officer, be binding on the applicant and also on the persons
responsible for the maintenance of the said water-course.
Such applicant shall not be entitled to use such water-course until he has paid the
expense of any alteration of such water-course necessary in order to his being supplied
through it, and also such share of the first cost of such water-course as the Divisional or
Superintending Canal-officer may determine.
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Such applicant shall also be liable for his share of the cost of maintenance of such
water-course so long as he uses it.
**21. Application for construction of new water-course.—Any person desiring the construction of a**
new water-course may apply in writing to the Divisional Canal-officer, stating—
(1) that he has endeavoured unsuccessfully to acquire, from the owners of the land
through which he desires such water-course to pass, a right to occupy so much of the
land as will be needed for such water-course;
(2) that he desires the said Canal-officer, in his behalf and at his cost, to do all things necessary
for acquiring such right;
(3) that he is able to defray all costs involved in acquiring such right and constructing such
water-course.
**22. Procedure of Canal-officer thereupon.—If the Divisional Canal-officer considers—**
(1) that the construction of such water-course is expedient, and
(2) that the statements in the application are true,
he shall call upon the applicant to make such deposit as the Divisional Canal-officer considers necessary
to defray the cost of the preliminary proceedings, and the amount of any compensation which he
considers likely to become due under section 28;
and, upon such deposit being made, he shall cause enquiry to be made into the most suitable
alignment for the said water-course, and shall mark out the land which, in his opinion, it will be necessary
to occupy for the construction thereof, and shall forthwith publish a notice in every village through which
the water-course is proposed to be taken, that so much of such land as belongs to such village has been so
marked out, and shall send a copy of such notice to the Collector of every district in which any part of
such land is situate.
**23. Application for transfer of existing water-course.—Any person desiring that an existing**
water-course should be transferred from its present owner to himself may apply in writing to the
Divisional Canal-officer, stating—
(1) that he has endeavoured unsuccessfully to procure such transfer from the owner of such
water-course;
(2) that he desires the said Canal-officer, in his behalf and at his cost, to do all things necessary
for procuring such transfer;
(3) that he is able to defray the cost of such transfer.
**Procedure thereupon.—If the Divisional Canal-officer considers—**
(a) that the said transfer is necessary for the better Management of the irrigation from such
water-course, and
(b) that the statements in the application are true,
he shall call upon the applicant to make such deposit as the Divisional Canal-officer considers necessary
to defray the cost of the preliminary proceedings, and the amount of any compensation that may become
due under the provisions of section 28 in respect of such transfer;
and upon such deposit being made, he shall publish a notice of the application in every village, and
shall send a copy of the notice to the Collector of every district, through which such water-course passes.
**24. Objections to construction or transfer applied for.—Within thirty days from the publication of**
a notice under section 22 or section 23, as the case may be, any person interested in the land or
water-course to which the notice refers may apply to the Collector by petition, stating his objection to the
construction or transfer for which application has been made.
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The Collector may either reject the petition or may proceed to inquire into the validity of the
objection, giving previous notice to the Divisional Canal-officer of the place and time at which such
inquiry will be held.
The Collector shall record in writing all orders passed by him under this section and the grounds
thereof.
**25. When applicant may be placed in occupation.—If no such objection is made, or (where such**
objection is made) if the Collector over-rules it, he shall give notice to the Divisional Canal-officer to that
effect, and shall proceed forthwith to place the said applicant in occupation of the land marked out or of
the water-course to be transferred, as the case may be.
**26. Procedure when objection is held valid.—If the Collector considers any objection made as**
aforesaid to be valid he shall inform the Divisional Canal-officer accordingly; and, if such officer sees fit,
he may, in the case of an application under section 21, alter the boundaries of the land so marked out, and
may give fresh notice under section 22; and the procedure hereinbefore provided shall be applicable to
such notice, and the Collector shall thereupon proceed as before provided.
**27. Procedure when Canal-officer disagrees with Collector.—If the Canal-officer disagrees with**
the Collector, the matter shall be referred for decision to the Commissioner.
Such decision shall be final, and the Collector, if he is so directed by such decision, shall, subject to
the provisions of section 28, cause the said applicant to be placed in occupation of the land so marked out
or of the water-course to be transferred, as the case may be.
**28. Expenses to be paid by applicant before receiving occupation.—No such applicant shall be**
placed in occupation of such land or water-course until he has paid to the person named by the Collector
such amount as the Collector determines to be due as compensation for the land or water-course so
occupied or transferred, and for any damage caused by the marking out or occupation of such land,
together with all expenses incidental to such occupation or transfer.
**Procedure in fixing compensation.—In determining the compensation to be made under this section**
the Collector shall proceed under the provisions of the Land Acquisition Act, 1870[1] (10 of 1870); but he
may, if the person to be compensated so desires, award such compensation in the form of a rent-charge
payable in respect of the land or water-course occupied or transferred.
**Recovery of compensation and expenses.—If such compensation and expenses are not paid when**
demanded by the person entitled to receive the same, the amount may be recovered by the Collector as if
it were an arrear of land-revenue, and shall, when recovered, be paid by him to the person entitled to
receive the same.
**29. Conditions binding on applicant placed in occupation.—When any such applicant is placed in**
occupation of land or of a water-course as aforesaid, the following rules and conditions shall be binding
on him and his representative in interest:—
_First.—All works necessary for the passage across such water-course, of water-courses existing_
previous to its construction and of the drainage intercepted by it, and for affording proper
communications across it for the convenience of the neighbouring lands, shall be constructed by the
applicant, and be maintained by him or his representative in interest to the satisfaction of the
Divisional Canal-officer.
_Second.—Land occupied for a water-course under the provisions of section 22 shall be used only_
for the purpose of such water-course.
_Third.—The proposed water-course shall be completed to the satisfaction of the Divisional Canal-_
officer within one year after the applicant is placed in occupation of the land.
In cases in which land is occupied or a water-course is transferred on the terms of a rent-charge.
1. See now the Land Acquisition Act, 1894 (1 of 1894).
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_Fourth.—The applicant or his representative in interest shall, so long as he occupies such land or_
water-course, pay rent for the same at such rate and on such days as are determined by the Collector
when the applicant is placed in occupation.
_Fifth.—If the right to occupy the land cease owing to a breach of any of these rules, the liability to_
pay the said rent shall continue until the applicant or his representative in interest has restored the
land to its original condition, or until he has paid, by way of compensation for any injury done to the
said land, such amount and to such persons as the Collector determines.
_Sixth.—The Collector may, on the application of the person entitled to receive such rent or_
compensation, determine the amount of rent due or assess the amount of such compensation; and, if
any such rent or compensation be not paid by the applicant or his representative in interest, the
Collector may recover the amount, with interest thereon at the rate of six per cent. per annum from
the date on which it became due, as if it were an arrear of land-revenue, and shall pay the same, when
recovered, to the person to whom it is due.
If any of the rules and conditions prescribed by this section are not complied with,
or if any water-course constructed or transferred under this Act is disused for three years
continuously,
the right of the applicant, or of his representative in interest, to occupy such land or water-course
shall cease absolutely.
**30. Procedure applicable to occupation for extensions and alterations.—The procedure**
hereinbefore provided for the occupation of land for the construction of a water-course shall be
applicable to the occupation of land for any extension or alteration of a water-course, and for
the deposit of soil from water-course clearances.
**STATE AMENDMENT**
**Uttar Pradesh**
**Addition of new section 30-A to 30-G in Act No. VIII of 1873.—After section 30 of the principal**
Act, the following shall be added as new sections 30-A to 0-G :
“30-A. **Preparation of the scheme for an irrigable command area.—The Divisional Canal**
Officer may, with a view to providing for or improving irrigation facilities in an irrigable command
area, prepare a scheme for the construction of water-courses and the carrying out of any work
connected therewith in such area, anything to the contrary contained in any other law
notwithstanding. The scheme shall contain—
(i) a plan showing the site of the outlet, the existing water-courses, if any, the proposed
water-courses and works connected therewith, and the areas already served and to be served by
the existing or proposed watercourses;
(ii) a statement showing the estimated cost of constructing the proposed water-courses and
works connected therewith ;
(iii) a memorandum showing the manner in which the scheme may be implemented; and
(iv) such other particulars as may be prescribed.
**30-B. Calling upon the Gaon Sabhas to implement the scheme.—(1) The Divisional Canal**
Officer shall, as soon as may be, forward a copy of the scheme prepared under section 30-A to each
of the Gaon Sabhas and Block Development Officers within whose jurisdiction the land affected
thereby is situate, and call upon the Gaon Sabhas to submit to him within a period of thirty days from
the date of receipt of the copy, their approval or the scheme, or any objections, suggestions or
modifications thereto.
(2) The copy of the scheme shall, within three days of its receipt by the Gaon Sabha, be affixed
by it on its notice board, and shall, within twelve days thereafter, be considered in a meeting of the
Gaon Panchayat convened for the purpose and the decision of the Gaon Panchayat shall be deemed to
13
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be for and on behalf of the Gaon Sabha concerned. The decision shall be communicated to the
Divisional Canal Officer within the time allowed under sub-section (1).
(3) If no objections, modifications or suggestions are submitted by any of the Gaon Sabhas within
the time specified in sub-section (1), the Gaon Sabhas shall be deemed to have approved the scheme,
which shall thereupon become final.
(4) Upon receipt of the objections, modifications or suggestions, made by the Gaon Sabhas under
sub-section (2), the Divisional Canal Officer may either confirm the scheme or amend or modify it
and thereupon the scheme so confirmed, amended or modified, shall become final.
(5) When the scheme has become final, the Divisional Canal Officer shall, by notice in writing,
call upon the Gaon Sabhas concerned to take all such steps as may be necessary for the
implementation of the scheme, and in particular to construct or cause to be constructed, the watercourses and carry out, or cause to be carried out, all works connected therewith, within the period
fixed therefor in the notice, which may be extended from time to time.
**30-C. Securing or acquiring land for the scheme.—(1) Upon receipt of the notice mentioned in**
sub-section (5) of section 30-B, the Gaon Sabha shall give to all persons on whose land any water-course
is proposed to be constructed, or on which any work connected therewith is proposed to be carried out,
option to transfer by way of gift or surrender, as the case may be, free from all encumbrances, within the
period provided therefor in the notice, so much of the said land in its favour as may be necessary for the
implementation of the scheme.
(2) Where any land required for the implementation of the scheme is not transferred to, or
surrendered in favour of the Gaon Sabha under subsection (1), it may —
(i) either purchase the land at such rates as may be prescribed ; or
(ii) move the State Government to acquire the same under the Land Acquisition Act, 1894 (Act
no. 1 of 1894) ; or
(iii) If the land for construction of water-courses is likely to be required for a limited period
only, apply to the Requisitioning Authority under section 6 of U. P. Rural Development
(Requisitioning of Land) Act, 1948 (U.P. Act no XXVII of 1948) to requisition the land ;
Provided that if it appears after the construction of water-courses on the land so requisitioned that the
alignment of the water-courses as constructed will be retained unchanged for long the Gaon Sabha shall,
as early as possible, move the State Government to acquire the land on a permanent basis.
(3) Where, on the application of the Gaon Sabha under sub-section (2), any land has been acquired in
accordance with the provisions of the Land Acquisition Act, 1894 (Act no. 1 of 1894), the State
Government shall, subject to such terms and conditions as may be imposed by it in this behalf, transfer to,
or vest in, the Gaon Sabha, the land so acquired for the implementation of the scheme.
(4) The land transferred to, or vested in, the Gaon Sabha under subsection (3), or of which the
management has been vested in the Gaon Sabha under section 11 of the U. P. Rural Development
(Requisitioning of Land) Act, 1948 (U.P. Act no. XXVII of 1948), shall be utilized by the Gaon Sabha for
the implementation of the scheme, and it shall construct or cause to be constructed, in the manner
hereinafter provided, the water-courses, and carry out or cause to be carried out, all works connected
therewith as may be necessary for the implementation of the scheme.
(5) In implementing the scheme the Gaon Sabha shall, in the first instance, give option, by notice in
writing, published the manner prescribed, to all persons having a holding in the irrigable command area,
to construct, within such time as may be fixed therefor in the notice, the water courses, and carry out all
such work connected therewith, as may be necessary for the implementation of the scheme.
(6) Where the persons concerned fail to construct the whole or any part of any water-course, or to
carry out any work connected therewith, in accordance with the scheme, the Gaon Sabha shall construct,
or carry out, or cause to be constructed, or carried out, the same in the manner provided under
section 17 of the Uttar Pradesh Panchayat Raj Act, 1947, for the execution of small Irrigation projects.
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**30-D. Inspection of work by the Divisional Canal Officer.—(1) On the expiry of the period or**
extended period, as the case may be, specified in the notice under sub-section (5) of section 30-B, the
Divisional Canal Officer shall inspect, or cause to be inspected, the water courses and all works
connected therewith, constructed or carried out, by the Gaon Sabha, either directly or through the tenureholders of the irrigable command area, and if the same are in accordance with scheme and otherwise
properly constructed, or carried out, approve the same.
(2) Where the water-courses or all works connected therewith, have not been properly constructed or
carried out in accordance with the scheme, the Divisional Canal Officer, shall, by order in writing, require
the Gaon Sabha concerned to remove and remedy, or cause to be removed and remedied, all the defects
within the period specified in the order.
(3) On the expiry of the period allowed in the order under sub-section (2), the Divisional Canal
Officer shall again inspect, or cause to be inspected, the water-courses, and all works connected
therewith, and shall either approve or dis-approve the same.
**30-E.Implementation of the scheme by the State Government. —Where the Gaon Sabha fails —**
(i) to take all or any of the steps required to be taken by it in accordance with the provisions of
section 30-C ; or
(ii) to construct, or cause to be constructed, the whole of the watercourses, or to carry out all
works connected therewith, in accordance with the scheme, within the period or the extended period
provided therefor in the notice under sub-section (5) of section 30-B ; or
(iii) to remove the defects in the water-courses or in any work connected therewith as required to
be done under sub-section (2) of section 30-D, or to obtain final approval of the Divisional Canal
Officer in respect of them under sub-section (3) of the said section ;
the State Government shall take all such steps, including acquisition of the land, as may be necessary for
the implementation of the scheme, and cause to be constructed and carried out the water-courses and all
works connected therewith in accordance with the scheme.
**30-F.Vesting of water-courses etc. in the Gaon Sabha.—With effect from the date a notification in**
this behalf is published in the Gazette by the State Government, and subject to such terms and conditions
as may be prescribed, all the water-courses and all works carried out by the State Government in
connection with the implementation of the scheme, shall vest in the Gaon Sabha within whose jurisdiction
the same lie.
**30-G.** **Maintenance of the watercourses, etc.—The Gaon Sabha shall at all times maintain and keep**
in good repairs all the water-courses, and all the works connected therewith, constructed or carried out by
it, or vested in it under section 30-F.
[Vide Uttar Pradesh Act V of 1963, s. 3]
**Uttar Pradesh**
**Insertion of new section 30-EE is Act no. 8 of 1873.—After** section 30-E of the Northern India
Canal and rainage Act, 1873, amended in its application to Uttar Pradesh, the following section shall be
inserted, namely :—
“30-EE. **Special provisions in respect of major irrigation projects.—(1) In any area covered**
by the Command of the Gandak, the Sharda Sahayak or the Ram Ganga Irrigation Project or any
other major project specified in this behalf by the State Government by notification in the Gazette, the
Divisional Canal Officer of the Irrigation Division may prepare a scheme containing the particulars
referred to in section 30-A, and hereupon he may take all such steps as may be necessary for the
implementation of the scheme, and cause to be constructed and carried out water-courses and all
works connected therewith in accordance with the scheme, and nothing in sections 30-B, 30-C, 30-D
and 30-E, shall apply in relation to such scheme.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Divisional Canal
Officer may —
15
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(a) apply to the requisitioning authority under the U. P. Rural Development (Requisitioning
of Land) Act, 1948, to requisition any land required for implementation of the scheme ; or
(b) move the State Government to acquire under the Land Acquisition Act, 1894, any land
required for implementation of the scheme ; or
(c) take action both under clauses (a) and (b), namely, to have land requisitioned in the first
instance, and thereafter acquired.
(3) The Divisional Canal Officer may delegate his functions under sub-section (2) to a
Sub-divisional Canal Officer.
(4) The provisions of sections 30-F, 30-G and 36-A, shall apply in relation to a scheme prepared
under this section and to water-courses and other works constructed under such scheme as they apply
to any scheme referred to in sections 30-A, 30-B, 30-C, 30-D and 30-E and to water-courses and
other works constructed in accordance therewith.”
[Vide Uttar Pradesh Act 16 of 1974, s. 2]
PART IV
OF THE SUPPLY OF WATER
**31. In absence of written contract, water-supply to be subject to rules.—In the absence**
of a written contract, or so far as any such contract does not extend, every supply of
canal-water shall be deemed to be given at the rates and subject to the conditions prescribed
by the rules to be made by the State Government in respect thereof.
**32. Conditions as to.—Such contracts and rules must be consistent with the following**
conditions:—
(a) **power to stop water-supply.—The Divisional Canal-officer may not stop the supply of water**
to any water-course, or to any person, except in the following cases:—
(1) whenever and so long as it is necessary to stop such supply for the purpose of
executing any work ordered by competent authority and with the previous sanction of
the State Government;
(2) whenever and so long as any water-course is not maintained in such proper customary
repair as to prevent the wasteful escape of water therefrom;
(3) within periods fixed from time to time by the Divisional Canal-officer;
(b) **claims to compensation in case of failure or stoppage of supply.—No claim shall be made**
against the State Government for compensation in respect of loss caused by the failure or
stoppage of the water in a canal, by reason of any cause beyond the control of the State
Government or of any repairs, alterations or additions to the canal, or of any measures
taken for regulating the proper flow of water therein, or for maintaining the established
course of irrigation which the Divisional Canal-officer considers necessary; but the person
suffering such loss may claim such remission of the ordinary charges payable for the use
of the water as is authorised by the State Government:
(c) **claims on account of interruption from other causes.—If the supply of water to**
any land irrigated from a canal be interrupted otherwise than in the manner described in the
last preceding clause, the occupier or owner of such land may present a petition for
compensation to the Collector for any loss arising from such interruption, and the Collector
may award to the petitioner reasonable compensation for such loss:
(d) **duration of supply.—When the water of a canal is supplied for the irrigation of**
a single crop, the permission to use such water shall be held to continue only until that
crop comes to maturity, and to apply only to that crop; but, if it be supplied for irrigating
two or more crops to be raised on the same land within the year, such permission shall be
held to continue for one year from the commencement of the irrigation, and to apply to
such crops only as are matured within that year:
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(e) **sale or subletting of right to use canal-water.—Unless with the permission of the**
Superintending Canal-officer, no person entitled to use the water of any canal, or any
work, building or land appertaining to any canal, shall sell or sublet or otherwise transfer
his right to such use:
Provided that the former part of this clause shall not apply to the use by a cultivating
tenant of water supplied by the owner of a water-course for the irrigation of the land held
by such tenant:
**transfer, with land, of contracts for water.—But all contracts made between the State**
Government and the owner or occupier of any immovable property, as to the supply of
canal-water to such property, shall be transferable therewith, and shall be presumed to have
been so transferred whenever a transfer of such property takes place:
_(f)_ **No right acquired by user.—No right to the use of the water of a canal shall be, or**
be deemed to have been, acquired under the [1]Indian Limitation Act, 1877 (15 of 1877),
Part IV, nor shall the State Government be bound to supply any person with water except in
accordance with the terms of a contract in writing.
PART V
OF WATER-RATES
**33. Liability when person using unauthorisedly cannot be identified.—If water supplied through a**
water-course be used in an unauthorised manner, and if the person by whose act or neglect such use has
occurred cannot be identified,
the person on whose land such water has flowed if such land has derived benefit therefrom,
or if such person cannot be identified or if such land has not derived benefit therefrom, all
the persons chargeable in respect of the water supplied through such water-course, shall be
liable, or jointly liable, as the case may be, to the charges made for such use.
**34. Liability when water runs to waste.—If water supplied through a water-course be**
suffered to run to waste, and if, after enquiry by the Divisional Canal-officer, the person
through whose act or neglect such water was suffered to run to waste cannot be discovered, all
the persons chargeable in respect of the water supplied through such water-course shall be
jointly liable for the charges made in respect of the water so wasted.
**35. Charges recoverable in addition to penalties.—All charges for the unauthorised use or**
for waste of water may be recovered in addition to any penalties incurred on account of such
use or waste.
**Decision of questions under** **sections 33 and 34.—All questions under section 33 or section**
34 shall be decided by the Divisional Canal-officer, subject to an appeal to the head Revenueofficer of the district, or such other appeal as may be provided under section 75.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 36 of Act no. VIII of 1873.—In section 35 of the Northern India Canal and**
Drainage Act, 1873, hereinafter referred to as the principal Act, for the words “shall be determined by the
rules to be made by the State Government”, the words “and any other incidental charges shall be
determined by the rules to be made by the State Government”, shall be substituted.
[Vide Uttar Pradesh Act 22 of 1979, s. 2]
**36. Charge on occupier for water, how determined.—The rates to be charged for canal-**
water supplied for purposes of irrigation to the occupiers of land shall be determined by the rules
1. See now the Indian Limitation Act, 1963 (36 of 1963).
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to be made by the State Government, and such occupiers as accept the water shall pay for
accordingly.
**“Occupier’s rate”.—A rate so charged shall be called the “occupier’s rate”.**
1[The rules hereinbefore referred to may prescribe and determine what persons or classes of
persons are to be deemed to be occupiers for the purposes of this section, and may also determine
the several liabilities, in respect of the payment of the occupier’s rate, of tenants and of persons to
whom tenants may have sublet their lands or of proprietors and of persons to whom proprietors
may have let the lands held by them in cultivating occupancy.]
**STATE AMENDMENT**
**Uttar Pradesh**
**Addition of new section 36-A in Act no. VIII of 1873.— After section 36 of the principal Act, the**
following shall be added as a new section 36-A:—
“36-A. (1) There shall be levied on and collected from in the manner prescribed, the persons
mentioned in sub-section (2) a development charge for recovering the cost of the land acquired or
requisitioned and the cost of construction of the water-courses, and all works carried out, in connection
with the implementation of the scheme, calculated —
(i) for the cost of acquisition and requisition of the land at the rate of 40 Naya Paise per acre per
annum ; and
(ii) for the cost of constructing the water-courses and for carrying out the works connected
therewith, at the rate of 60 Naya Paise per acre per annum.
(2) Every person having a holding in the irrigable command area except those who have surrendered
or transferred by way of gift, as the case may be, to the Gaon Sabha such portion of their land on which
any watercourse has been constructed, or on which any work connected therewith has been carried out,
shall be liable and pay till such time as the cost together with interest at 4 per cent per annum on the same,
has been realized in full to the State Government, if the cost of acquisition has been met out of the
Consolidated Fund of the State, or to the Gaon Sabha, if the compensation for acquisition or requisition
has been paid by the Gaon Sabha, a development charge levied under clause (i) of sub-section (1), and
every person in that area, who has failed to implement the scheme in accordance with the provisions of
sub-section (5) of section 30-C, or sub-section (2) of section 30-D, so far as it relates to his land, shall, in
lieu of the benefits derived from the implementation of the scheme, pay till such time as the expenditure
incurred in this connection, together with interest at 4 per cent per annum on the same, has been realized
in full, to the State Government or the Gaon Sabha, whose ever may have constructed the water-courses
or carried out the works connected therewith, in the implementation of the scheme, a development charge
levied at the rate provided in clause (ii) of sub-section (1) ;
Provided however that the development charges shall in the first instance be payable to the State
Government till such time as the expenditure incurred by it in this connection, together with interest at 4
per cent per annum on the same, has been realized in full.”
[Vide Uttar Pradesh Act V of 1963, s. 4]
**37. ‘Owner’s rate’.—In addition to the occupier’s rate, a rate to be called the “owner’s rate”**
may be imposed according to rules to be made by the State Government, on the owners of canalirrigated lands, in respect of the benefit which they derive from such irrigation.
**38. Amount of owner’s rate.—The owner’s rate shall not exceed the sum which, under**
the rules for the time being in force for the assessment of land-revenue, might be assessed on
such land on account of the increase in the annual value of produce thereof caused by the
canal-irrigation. And, for the purpose of this section only, land which is permanently settled
1. Ins. by Act 16 of 1899, s. 2.
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or held free of revenue shall be considered as though it were temporarily settled and liable to
payment of revenue.
**39. Owner’s rate, when not chargeable.—No owner’s rate shall be chargeable either on**
the owner or occupier of land temporarily assessed to pay land-revenue at irrigation-rates,
during the currency of such assessment.
140. When occupier is to pay both owner’s rate and occupier’s rate.—If such land is occupied by
the owner,
or if it is occupied by a tenant whose rent is not liable to enhancement on the ground that
the value of the produce of the land or the productive powers of the land has or have been
increased by irrigation,
such owner or tenant shall pay the owner’s rate as well as the occupier’s rate.
141. Power to make rules for apportioning owner’s rate.—In the case of a tenant with a
right of occupancy, the State Government shall have power to make rules for dividing the
owner’s rate between such tenant and his landlord, proportionately to the extent of the
beneficial interest of each in the land.
142. When owner is to pay owner’s rate.— If the owner of the land is not the occupier, but has
power to enhance the rent of the occupier on the ground that the value of the produce or the productive
powers of the land has or have been increased by irrigation,
or if, when the amount of a rent was fixed, the land was irrigated from the canal,
the owner shall pay the owner’s rate.
143. Effect of introduction of canal-irrigation on landlord’s right to enhance.—If a
revision of settlement is a ground for entertaining a suit for the enhancement of rent, the
introduction of canal-irrigation into any land shall have the same effect on the landlord’s right
to re-enhance the rent of a tenant with a right of occupancy of such land, as if a revision of
settlement had taken place, under which the revenue payable in respect of such land had been
increased.
**44. Water-rate by whom payable, when charged on land held by several**
**owners.—Where a water-rate is charged on land held by several joint owners, it shall be**
payable by the manager or other person who receives the rents or profits of such land, and
may be deducted by him from such rents or profits before division, or may be recovered by
him from the persons liable to such rate in the manner customary in the recovery of other
charges on such rents or profits.
_Recovery of charges_
**45. Certified dues recoverable as land-revenue.—Any sum lawfully due under this Part,**
and certified by the Divisional Canal-officer to be so due, which remains unpaid after the day
on which it becomes due, shall be recoverable by the Collector from the person liable for the
same as if it were an arrear of land-revenue.
**46. Power to contract for collection of canal-dues.—The Divisional Canal-officer or the**
Collector may enter into an agreement with any person for the collection and payment to the
State Government by such person of any sum payable under this Act by a third party.
When such agreement has been made, such person may recover such sum by suit as though it
were a debt due to him, or an arrear of rent due to him on account of the land, work or building
in respect of which such sum is payable, or for or in which the canal-water shall have been
supplied or used.
1. ss. 40 to 43 rep. in the Punjab by the Punjab Tenancy Act, 1887 (16 of 1887), s. 3 and the Schedule.
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If such person makes default in the payment of any sum collected by him under this section, such sum
may be recovered from him by the Collector under section 45; and, if such sum or any part of it be still
due by the said third party, the sum or part so due may be recovered in like manner by the Collector from
such third party.
**47. Lambardars may be required to collect canal-dues.—The Collector may require the**
lambardar, or person under engagement to pay the land-revenue of any estate, to collect and
pay any sums payable under this Act by a third party, in respect of any land or water in such
estate.
Such sums shall be recoverable by the Collector as if they were arrears of land -revenue
due in respect of the defaulter’s share in such estate;
and for the purpose of collecting such sums from the subordinate zamindars, raiyats, [1][tenants or
sub-tenants], such lambardar or person may exercise the powers, and shall be subject to the rules, laid
down in the law for the time being in force in respect to the collection by him of the rents of land or of
shares of land-revenue.
The State Government shall provide—
(a) for remunerating persons collecting sums under this section; or
(b) for indemnifying them against expenses properly incurred by them in such
collection; or
(c) for both such purposes.
**48. Fines excluded from sections 45, 46, 47.—Nothing in sections 45, 46 or 47 applies to fines.**
PART VI
OF CANAL-NAVIGATION
**49. Detainer of vessels violating rules.—Any vessel entering or navigating any canal**
contrary to the rules made in that behalf by the State Government, or so as to cause danger
to the canal or the other vessels therein, may be removed or detained, or both removed and
detained, by the Divisional Canal-officer, or by any other person duly authorised in this
behalf.
**Liability of owners of vessels causing damage.—The owner of any vessel causing**
damage to a canal, or removed or detained under this section, shall be liable to pay to the
State Government such sum as the Divisional Canal-officer, with the approval of the
Superintending Canal-officer, determines to be necessary to defray the expenses of repairing
such damage or of such removal or detention, as the case may be.
**50. Recovery of fines for offences in navigating canals.—Any fine imposed under this**
Act upon the owner of any vessel, or the servant or agent of such owner or other person in
charge of any vessel, for any offence in respect of the navigation of such vessel, may be
recovered either in the manner prescribed by the Code of Criminal Procedure [2] or, if the
Magistrate imposing the fine so directs, as though it were a charge due in respect of such
vessel.
**51. Power to seize and detain vessel on failure to pay charges.—If any charge due**
under the provisions of this Part in respect of any vessel is not paid on demand to the person
authorised to collect the same, the Divisional Canal-officer may seize and detain such vessel
and the furniture thereof, until the charge so due, together with all expenses and additional
charges arising from such seizure and detention, is paid in full.
1. Subs. by Act 16 of 1899, s. 3, for “or tenants”.
2. See now the Code of Criminal Procedure, 1973 (2 of 1974).
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**52. Power to seize cargo or goods, if charges due thereon are not paid.—If any charge**
due under the provisions of this Part in respect of any cargo or goods carried in a Government
vessel on a canal, or stored on or in lands or warehouses occupied for the purposes of a canal,
is not paid on demand to the person authorised to collect the same, the Divisional
Canal-officer may seize such cargo or goods and detain them until the charge so due, together
with all expenses and additional charges arising from such seizure and detention, is paid in
full.
**53. Procedure for recovery of such charges after seizure.—Within a reasonable time after**
any seizure under section 51 or section 52, the said Canal-officer shall give notice to the owner or
person in charge of the property seized that it, or such portion of it as may be necessary, will, on a
day to be named in the notice, but not sooner than fifteen days from the date of the notice, be sold
in satisfaction of the claim on account of which such property was seized, unless the claim be
discharged before the day so named.
And, if such claim be not so discharged, the said Canal-officer may, on such day, sell the property
seized or such part thereof as may be necessary to yield the amount due, together with the expenses of
such seizure and sale:
Provided that no greater part of the furniture of any vessel or of any cargo or goods shall be
so sold than shall, as nearly as may be, suffice to cover the amount due in respect of such
vessel, cargo or goods.
The residue of such furniture, cargo or goods, and of the proceeds of the sale, shall be made over to
the owner or person in charge of the property seized.
**54. Procedure in respect of vessels abandoned and goods unclaimed.—If any vessel be**
found abandoned in a canal, or any cargo or goods carried in a Government vessel on a canal, or
stored on or in lands or warehouses occupied for the purposes of a canal, be left unclaimed for a
period of two months, the Divisional Canal-officer may take possession of the same.
The officer so taking possession may publish a notice that, if such vessel and its contents, or such
cargo or goods, are not claimed previously to a day to be named in the notice, not sooner than thirty days
from the date of such notice, he will sell the same; and, if such vessel, contents, cargo or goods be not so
claimed, he may, at any time after the day named in the notice, proceed to sell the same.
**Disposal of proceeds of sale.—The said vessel and its contents, and the said cargo or goods if**
unsold, or, if a sale has taken place, the proceeds of the sale, after paying all tolls, charges and expenses
incurred by the Divisional Canal-officer on account of the taking possession and sale, shall be made over
to the owner of the same, when his ownership is established to the satisfaction of the Divisional
Canal-officer.
If the Divisional Canal-officer is doubtful to whom such property or proceeds should be made over,
he may direct the property to be sold as aforesaid, and the proceeds to be paid into the district treasury,
theretobe held until the right thereto be decided by a Court of competent jurisdiction.
PART VII
OF DRAINAGE
**55. Power to prohibit obstructions or order their removal.—Whenever it appears to the State**
Government that injury to any land or the public health or public convenience has arisen or may arise
from the obstruction of any river, stream or drainage-channel, such Government may, by notification
published in the Official Gazette, prohibit, within limits to be defined in such notification, the formation
of any obstruction, or may, within such limits, order the removal or other modification of such
obstruction.
Thereupon so much of the said river, stream or drainage-channel as is comprised within
such limits shall be held to be a drainage-work as defined in section 3.
**56. Power to remove obstructions after prohibition.—The Divisional Canal-officer, or**
other person authorised by the State Government in that behalf, may, after such publication issue
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an order to the person causing or having control over any such obstruction to remove or modify
the same within a time to be fixed in the order.
If, within the time so fixed, such person does not comply with the order, the said Canal-officer may
himself remove or modify the obstruction; and if the person to whom the order was issued does not, when
called upon, pay the expenses involved in such removal or modification, such expenses shall be
recoverable by the Collector from him or his representative in interest as an arrear of land-revenue.
**57. Preparation of schemes for works of improvement.—Whenever it appears to the State**
Government that any drainage-works are necessary for the improvement of any lands, or for the proper
cultivation or irrigation thereof,
or that protection from floods or other accumulations of water, or from erosion by a river,
is required for any lands, the State Government may cause a scheme for such drainage-works
to be drawn up and published, together with an estimate of its cost and a statement of the
proportion of such cost which the State Government proposes to defray, and a schedule of the
lands which it is proposed to make chargeable in respect of the scheme.
**58. Powers of persons employed on such schemes.—The persons authorised by the State**
Government to draw up such scheme may exercise all or any of the powers conferred on the
Canal-officers by section 14.
**59. Rate on lands benefited by works.—An annual rate, in respect of such scheme, may be**
charged, according to rules to be made by the State Government, on the owners of all lands
which shall, in the manner prescribed by such rules, be determined to be so chargeable.
Such rate shall be fixed, as nearly as possible, so as not to exceed either of the following
limits :—
(1) six per cent. per annum on the first cost of the said works, adding thereto the
estimated yearly cost of the maintenance and supervision of the same, and deducting
therefrom the estimated income, if any, derived from the works, excluding the said rate:
(2) in the case of agricultural land, the sum which under the rules then in force for the
assessment of land-revenue, might be assessed on such land on account of the increase of
the annual value or produce thereof caused by the drainage-work.
Such rate may be varied from time to time, within such maximum, by the State Government.
So far as any defect to be remedied is due to any canal, water-course, road or other
work or obstruction, constructed or caused by the State Government or by any person, a
proportionate share of the cost of the drainage-works required for the remedy of the said
defect shall be borne by such Government or such person, as the case may be.
**60. Recovery of rate.—Any such drainage-rate may be collected and recovered in manner provided**
by sections 45, 46 and 47 for the collection and recovery of water-rates.
**61. Disposal of claims to compensation.—Whenever, in pursuance of a notification made under**
section 55, any obstruction is removed or modified,
or whenever any drainage-work is carried under section 57,
all claims for compensation on account of any loss consequent on the removal or
modification of the said obstruction or the construction of such work may be made before the
Collector, and he shall deal with the same in the manner provided in section 10.
**62. Limitation of such claims.—No such claim shall be entertained after the expiration of**
one year from the occurrence of the loss complained of, unless the Collector is satisfied that the
claimant had sufficient cause for not making the claim within such period.
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PART VIII
OF OBTAINING LABOUR FOR CANALS AND DRAINAGE-WORKS
**63. Definition of “labourer”.—For the purposes referred to in this Part, the word**
“labourer” includes persons who exercise any handicraft specified in rules to be made in that
behalf by the State Government.
**64. Power to prescribe number of labourers to be supplied by persons benefited by canal.—In**
any district in which a canal or drainage-work is constructed, maintained or projected by the State
Government, the State Government, may, if it thinks fit, direct the Collector —
(a) to ascertain the proprietors, sub-proprietors or farmers whose villages or estates are
or will be in the judgment of the Collector, benefited by such canal or drainage-work, and
(b) to set down in a list, having due regard to the circumstances of the districts and of
the several proprietors, sub-proprietors or farmers, the number of labourers which shall be
furnished by any of the said persons, jointly or severally, from any such village or estate,
for employment on any such canal or drainage-work when required as hereinafter
provided.
The Collector may, from time to time, add to or alter such list or any part thereof.
**65. Procedure for obtaining labour for works urgently required.—Whenever it appears to a**
Divisional Canal-officer duly authorised by the State Government that, unless some work is immediately
executed, such serious damage will happen to any canal or drainage-work as to cause sudden and
extensive public injury,
and that the labourers necessary for the proper execution thereof cannot be obtained in the
ordinary manner within the time that can be allowed for the execution of such work so as to
prevent such injury, the said officer may require any person named in such list to furnish as
many labourers (not exceeding the number which, according to the said list he is liable to
supply) as to the said officer seems necessary for the immediate execution of such work.
Every requisition so made shall be in writing, and shall state—
(a) the nature and locality of the work to be done;
(b) the number of labourers to be supplied by the person upon whom the requisition is made :
and
(c) the approximate time for which and the day on which the labourers will be required;
and a copy thereof shall be immediately sent to the Superintending Canal-officer for the
information of the State Government.
The State Government shall fix, and may from time to time alter the rates to be paid to any such
labourers:
Provided that such rates shall exceed the highest rates for the time being paid in the neighbourhood
for similar work. In the case of every such labourer, the payment shall continue for the whole
period during which he is, in consequence of the provisions of this Part, prevented from
following his ordinary occupation.
The State Government may [1] *** direct that the provisions of this Part shall apply, either
permanently or temporarily (as the case may be), to any district or part of a district for the
purpose of effecting necessary annual silt-clearances, or to prevent the proper operation of a
canal or drainage-work being stopped or so much interfered with as to stop the established
course of irrigation or drainage.
1. The words “with the previous sanction of the G. G. in C.” omitted by Act 4 of 1914, s. 2 and the Schedule.
23
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**66. Liability of labourers under requisition.—When any requisition has been made on any person**
named in the said list, every labourer ordinarily resident within the village or estate of such person shall
be liable to supply, and to continue to supply, his labour, for the purposes aforesaid.
PART IX
OF JURISDICTION
**67. Jurisdiction under this Act of Civil Courts.—Except where herein otherwise provided, all**
claims against the State Government in respect of anything done under this Act may be tried by the Civil
Courts; but no such Court shall in any case pass an order as to the supply of canal-water to any crop sown
or growing at the time of such order.
**68. Settlement of differences as to mutual rights and liabilities of persons interested**
**in water-course.—Whenever a difference arises between two or more persons in regard to**
their mutual rights or liabilities in respect of the use, construction or maintenance of a
water-course, any such person may apply in writing to the Divisional Canal-officer stating the
matter in dispute. Such officer shall thereupon give notice to the other persons interested that,
on a day to be named in such notice, he will proceed to inquire into the said matter. And, after
such inquiry, he shall pass his order thereon, unless he transfers (as he is hereby empowered
to do) the matter to the Collector, who shall thereupon inquire into and pass his order on the
said matter.
Such order shall be final as to the use or distribution of water for any crop sown or growing
at the time when such order is made, and shall thereafter remain in force until set aside by the
decree of a Civil Court.
**69. Power to summon and examine witnesses.—Any officer empowered under this Act to**
conduct any inquiry may exercise all such powers connected with the summoning and examining
of witnesses as are conferred on Civil Courts by the [1]Code of Civil Procedure, and every such
inquiry shall be deemed a judicial proceeding.
PART X
OF OFFENCES AND PENALTIES
**70. Offences under Act.—Whoever, without proper authority and voluntarily, does any of the acts**
following, that is to say:—
(1) damages, alters, enlarges or obstructs any canal or drainage-work;
(2) interferes with, increases or diminishes the supply of water in, or the flow of water from,
through, over or under, any canal or drainage-work;
(3) interferes with or alters the flow of water in any river or stream, so as to endanger, damage or
render less useful any canal or drainage-work;
(4) being responsible for the maintenance of a water-course, or using a water-course,
neglects to take proper precautions for the prevention of waste of the water thereof, or
interferes with the authorised distribution of the water therefrom, or uses such water in an
unauthorised manner;
(5) corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it
is ordinarily used;
(6) causes any vessel to enter or navigate any canal contrary to the rules for the time being
prescribed by the State Government for entering or navigating such canal;
(7) while navigating on any canal, neglects to take proper precautions for the safety of the canal
and of vessels thereon;
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
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(8) being liable to furnish labourers under Part VIII of this Act, fails without
reasonable cause, to supply or to assist in supplying the labourers required of him;
(9) being a labourer liable to supply his labour under Part VIII of this Act, neglects, without
reasonable cause, so to supply, and to continue to supply, his labour;
(10) destroys or moves any level-mark or water-gauge fixed by the authority of a public
servant;
(11) passes, or causes animals or vehicles to pass, on or across any of the works,
banks or channels of a canal or drainage-work contrary to rules made under this Act,
after he has been desired to desist therefrom;
(12) violates any rule made under this Act, for breach whereof a penalty may be
incurred.
**Penalty.—shall** be liable, on conviction before a Magistrate of such class as the State
Government directs in this behalf, to a fine not exceeding fifty rupees, or to imprisonment not
exceeding one month, or to both.
**71. Saving of prosecution under other laws.—Nothing hereinafter contained shall prevent any**
person from being prosecuted under any other law for any offence punishable under this Act:
Provided that no person shall be punished twice for the same offence.
**72. Compensation to person injured.—Whenever any person is fined for an offence under this Act,**
the Magistrate may direct that the whole or any part of such fine may be paid by way of compensation to
the person injured by such offence.
**73. Power to arrest without warrant.—Any person in charge of or employed upon any**
canal or drainage-work may remove from the lands or buildings belonging thereto, or may take
into custody without a warrant and take forthwith before a Magistrate or to the nearest policestation, to be dealt with according to law, any person who, within his view, commits any of the
following offences:—
(1) wilfully damages or obstructs any canal or drainage-work;
(2) without proper authority interferes with the supply or flow of water in or from any
canal or drainage-work, or in any river or stream, so as to endanger, damage or render less
useful any canal or drainage-work.
**74. Definition of “Canal”.—In this Part the word ‘Canal’ shall (unless there be something**
repugnant in the subject or context) be deemed to include also all lands occupied by the State
Government for the purposes of canals, and all buildings, machinery, fences, gates and other
erections, trees, crops, plantations or other produce occupied by or belonging to the State
Government upon such lands.
PART XI
OF SUBSIDIARY RULES
**75. Power to make, alter and cancel rules.—The State Government may, from time to time**
1*** make rules to regulate the following matters:—
(1) the proceedings of any officer who, under any provision of this Act, is required or
empowered to take action in any matter;
(2) the cases in which, and the officers to whom, and the conditions subject to which,
orders and decisions given under any provision of this Act, and not expressly provided for
as regards appeal, shall be appealable;
1. The words “subject to the control of the G. G. in C.” omitted by Act 38 of 1920.
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(3) the persons by whom, [1][and] the time, place or manner at or in which anything for the doing
of which provision is made under this Act, shall be done;
(4) the amount of any charge made under this Act; and
(5) generally to carry out the provisions of this Act.
The State Government may from time to time, [2]*** alter or cancel any rules so made.
**Publication of rules.—Such rules, alterations and cancelments shall be published in the Official**
Gazette, and shall thereupon have the force of law.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 75 of Act VIII of 1873.— Section 75 of the principal Act shall be re-numbered**
as sub-section (1) thereof, and the following shall be added as sub-sections (2) and (3) thereof ;
“(2) Without prejudice to the generality of the powers contained under sub-section (1), the rules
may provide for —
(i) the particulars to be mentioned in the scheme repaired under this chapter ;
(ii) the manner of implementation of the scheme ;
(iii) the manner of publication of the scheme and giving or publishing of notice under this
chapter ; and
(iv) the manner of doing or execution of such other things as can be, or may be, prescribed
for giving effect to the provisions of this chapter.
(3) All rules made under this Act shall, as soon as may be after they are made, be laid before each
House of the State Legislature while it is in session, for a total period of fourteen days extending in its
one session or more than one successive sessions and shall, unless some later date is appointed, take
effect, from the date of their publication in the Gazette, subject to such modifications or annulments
as the two Houses of the Legislature may agree to make ; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done thereunder.”
[Vide Uttar Pradesh Act V of 1963, s. 5]
**Uttar Pradesh**
**Amendment of section 75.—In section 75 of the principal Act, in sub-section (1), for clause (4), the**
following clause shall be substituted, namely :—
“(4) the amount of any charges made under this Act and the manner in which they shall be
realized ; and”
[Vide Uttar Pradesh Act 22 of 1979, s. 3]
1. Ins. by Act 12 of 1891.
2. The words “subject to the like control” omitted by Act 38 of 1920.
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_SCHEDULE.—[Rep. by the Repealing Act, 1873 (12 of 1873), s. 1 and Schedule.]_
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|
24-Feb-1874 | 03 | The Married Womens Property Act, 1874 | https://www.indiacode.nic.in/bitstream/123456789/2283/1/A1874-03.pdf | central | PREAMBLE
SECTIONS
1. Short title.
# THE MARRIED WOMEN’S PROPERTY ACT, 1874
_______
ARRANGEMENT OF SECTIONS
_______
I. —PRELIMINARY
2. Extent and application.
3. [Repealed.].
II.—MARRIED WOMEN’S WAGES AND EARNINGS
4. Married women’s earnings to be their separate property.
III.—INSURANCES BY WIVES AND HUSBANDS
5. Married woman may effect policy of insurance.
6. Insurance by husband for benefit of wife.
IV.—LEGAL PROCEEDINGS BY AND AGAINST MARRIED WOMEN
7. Married woman may take legal proceedings.
8. Wife’s liability for postnuptial debts.
V.—HUSBAND’S LIABILITY FOR WIFE’S DEBTS
9. Husband not liable for wife’s antenuptial debts.
VI.—HUSBAND’S LIABILITY FOR WIFE’S BREACH OF TRUST OR DEVASTATION
10. Extent of husband’s liability for wife’s breach of trust or devastation.
1
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# THE MARRIED WOMEN’S PROPERTY ACT, 1874
ACT NO. 3 OF 1874[1]
[24th February, 1874].
# An Act to explain and amend the law relating to certain married women, for other purposes.
**Preamble.—WHEREAS it is expedient to make such provision as hereinafter appears for the**
enjoyment of wages and earnings by women married before the first day of January, 1866, and for
insurances on lives by persons married before or after that day:
AND WHEREAS by the Indian Succession Act, 1865[2] (10 of 1865), section 4, it is enacted that no
person shall by marriage acquire any interest in the property of the person whom he or she marries,
nor become incapable of doing any act in respect of his or her own property, which he or she could
have done, if unmarried:
AND WHEREAS by force of the said Act all women to whose marriages it applies are absolute
owners of all property vested in, or acquired by, them, and their husbands do not by their marriage
acquire any interest in such property, but the said Act does not protect such husbands from liabilities
on account of the debts of their wives contracted before marriage, and does not expressly provide for
the enforcement of claims by or against such wives:
It is hereby enacted as follows:—
I.—PRELIMINARY
**1. Short title.—This Act may be called the Married Women’s Property Act, 1874.**
**2. Extent and application.—[3][It extends to the whole of India except the State of Jammu and**
Kashmir*.]
But nothing herein contained applies to any married woman who at the time of her marriage
professed the Hindu, Muhammadan, Buddhist, Sikh or Jaina religion, or whose husband, at the time
of such marriage, professed any of those religions.
And the [4][State Government] may from time to time, by order, either retrospectively from the
passing of this Act or prospectively, exempt from the operation of all or any of the provisions of this
Act the members of any race, sect or tribe or part of a race, sect or tribe, to whom it may consider it
impossible or inexpedient to apply such provisions.
The [4][State Government] may also revoke any such order, but not so that the revocation shall have
any retrospective effect.
All orders and revocations under this section shall be published in the Official Gazette.
[5]* - - -
**3. [Commencement.]** _Rep. by the Repealing Act, 1876 (12 of 1876), s. 1 and Schedule._
II.—MARRIED WOMEN’S WAGES AND EARNINGS
**64. Married women’s earnings to be their separate property.—The wages and earnings of any**
married woman acquired or gained by her after the passing of this Act, in any employment,
occupation or trade carried on by her and not by her husband,
1. The Act has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First
Schedule (with modification) (w.e.f. 1-7-1965).
2. The relevant provision of the Indian Succession Act, 1925 (39 of 1925) may now be referred to.
3. Subs. by Act 61 of 1959, s. 2, for the former para. (w.e.f. 1-3-1960).
4. The original words “G.G. in C.” have successively been amended by Act 38 of 1920, the A.O. 1937 and the A.O. 1950 to
read as above.
5. The last paragraph rep. by Act 39 of 1925, s. 392 and the Ninth Schedule.
6. Cf. the Married Women’s Property Act 1870 (33 and 34 Vict., c. 93), s. 1, now rep. by Married Women’s Property Act,
1882 (45 and 46 Vict., c. 75).
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of
Jammu and Kashmir and the Union territory of Ladakh.
2
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and also any money or other property so acquired by her through the exercise of any literary,
artistic or scientific skill,
and all savings from and investments of such wages, earnings and property,
shall be deemed to be her separate property, and her receipts alone shall be good discharges for
such wages, earnings and property.
III. —INSURANCES BY WIVES AND HUSBANDS
15. Married women may effect policy of insurance.—Any married woman may effect a policy
of insurance on her own behalf and independently of her husband; and the same and all benefit
thereof, if expressed on the face of it to be so effected, shall ensure as her separate property, and the
contract evidenced by such policy shall be as valid as if made with an unmarried woman.
26. Insurance by husband for benefit of wife.—3[(1) A policy of insurance effected by any
married man on his own life, and expressed on the face of it to be for the benefit of his wife, or of his
wife and children, or any of them, shall ensure and be deemed to be a trust for the benefit of his wife,
or of his wife and children, or any of them, according to the interest so expressed, and shall not, so
long any object of the trust remains, be subject to the control of the husband or to his creditors, or
form part of his estate.
When the sum secured by the policy becomes payable, it shall, unless special trustees are duly
appointed to receive and hold the same, be paid to the Official Trustee of the [4][State] in which the
office at which the insurance was effected is situated, and shall be received and held by him upon the
trusts expressed in the policy, or such of them as are then existing.
And in reference to such sum he shall stand in the same position in all respects as if he had been
duly appointed trustee thereof by a High Court, under Act No. 17 of 1864 [5][to constitute an Office of
Official Trustee], s.10.
Nothing herein contained shall operate to destroy or impede the right of any creditor to be paid out
of the proceeds of any policy of assurance which may have been effected with intent to defraud
creditors.
6[(2) Notwithstanding anything contained in s. 2, the provisions of sub-section (1) shall apply in
the case of any policy of insurance such as is referred to therein which effected—
(a) by any Hindu, Muhammadan, Sikh or Jain—
(i) in Madras, after the thirty-first day of December, 1913, or
(ii) in any other territory to which this Act extended immediately before the commencement of
the Married Women’s Property (Extension) Act, 1959 (61 of 1959), after the first day of
April, 1923, or
(iii) in any territory to which this Act extends on and from the commencement of the Married
Women’s Property (Extension) Act, 1959 (61 of 1959);
(b) by a Buddhist in any territory to which this Act extends, on or after the commencement of the
Married Women’s Property (Extension) Act, 1959 (61 of 1959):
1. Cf. the Married Women’s Property Act, 1870 (33 and 34 Vict., c. 93), s. 10, para. 1.
2. Cf. the Married Women’s Property Act, 1870 (33 and 34 Vict., c. 93), s.10, para. 2.
3. S. 6 renumbered as sub-section (1) of that section by Act 13 of 1923, s. 2.
4. The word “Presidency” has been successively amended by the A.O. 1937, the A.O. 1950 and the Adaptation of Laws
(No. 2) Order, 1956, to read as above.
5. The relevant provisions of the Official Trustees Act, 1913 (2 of 1913) may be referred to.
6. Subs. by Act 61 of 1959, s. 3 for sub-section (2), (w.e.f. 1-3-1960), Earlier inserted by 13 of 1923, s. 2.
3
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Provided that nothing herein contained shall affect any right or liability which has accrued or been
incurred under any decree of a competent court passed —
(i) before the first day of April, 1923, in any case to which sub-clause (i) or sub-clause (ii) of
clause (a) applies; or
(ii) before the commencement of the Married Women’s Property (Extension) Act, 1959
(61 of 1959), in any case to which sub-clause (iii) of clause (a) or clause (b) applies.]
IV.—LEGAL PROCEEDINGS BY AND AGAINST MARRIED WOMEN
17. Married women may take legal proceedings.—A married woman may maintain a suit in her
own name for the recovery of property of any description which, by force of the said Indian
Succession Act, 1865[2] (10 of 1865) or of this Act, is her separate property; and she shall have, in her
own name, the same remedies, both civil and criminal, against all persons, for the protection and
security of such property, as if she were unmarried, and she shall be liable to such suits, processes
and orders in respect of such property as she would be liable to if she were unmarried.
**8. Wife’s liability for postnuptial debts.—If a married woman (whether married before or after**
the first day of January, 1866) possesses separate property, and if any person enters into a contract
with her with reference to such property, or on the faith that her obligation arising out of such contract
will be satisfied out of her separate property, such person shall be entitled to sue her, and, to the extent
of her separate property, to recover against her whatever he might have recovered in such suit had she
been unmarried at the date of the contract and continued unmarried at the execution of the decree:
3[Provided that nothing herein contained shall—
(a) entitle such person to recover anything by attachment and sale or otherwise out of any
property which has been transferred to a woman or for her benefit on condition that she shall have
no power during her marriage to transfer or charge the same or her beneficial interest therein, or
(b) affect the liability of a husband for debts contracted by his wife’s agency expressed or
implied.]
V.—HUSBAND'S LIABILITY FOR WIFE'S DEBTS
49. Husband not liable for wife’s antenuptial debts.—A husband married after the thirty-first
day of December, 1865 shall not by reason only of such marriage be liable to the debts of his wife
contracted before marriage, but the wife shall be liable to be sued for, and shall, to the extent of her
separate property, be liable to satisfy such debts as if he had continued unmarried:
**Proviso.—Provided that nothing contained in this section shall** [5]*** invalidate any contract into
which a husband may, before the passing of this Act, have entered in consideration of his wife’s
ante-nuptial debts.
6[VI.—HUSBAND’S LIABILITY FOR WIFE’S BREACH OF TRUST OR DEVASTATION
**10. Extent of husband’s liability for wife’s breach of trust or devastation.—Where a woman is**
a trustee, executrix or administratrix, either before or after marriage, her husband shall not, unless he
acts or intermeddles in the trust or administration, be liable for any breach of trust committed by her,
or for any misapplication, loss or damage to the estate of the deceased caused or made by her, or for
any loss to such estate arising from her neglect to get in any part of the property of deceased.]
_______
1. Cf. the Married Women’s Property Act, 1870 (33 and 34 Vict., c.93), s. 11, rep. By the Married Women’s Property Act,
1882 (45 and 46 Vict., c.75).
2. See now the Indian Succession Act, 1925 (39 of 1925).
3. Subs. by Act 21 of 1929, s. 2, for the proviso.
4. Cf. the Married Woman’s Property Act, 1870 (33 and 34 Viet., c. 93), s. 12.
5. The words “affect any suit instituted before the passing of this Act, nor” rep. by Act 12 of 1891, s. 2 and the First
Schedule.
6. Ins. by Act 18 of 1927, s. 3.
4
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|
8-Dec-1874 | 15 | The Laws Local Extent Act, 1874 | https://www.indiacode.nic.in/bitstream/123456789/19146/1/a1874-15.pdf | central | # THE LAWS LOCAL EXTENT ACT, 1874
# _____________
# ARRANGEMENT OF SECTIONS
# ____________
Preamble
SECTIONS
1. Short title.
2. Interpretation clause.
3. Local extent of Acts in first schedule.
4. Local extent of enactments in second schedule.
5. Local extent of enactments in third schedule.
6. Local extent of enactments in fourth schedule.
7. Local extent of enactments in fifth schedule.
8. Savings.
9. [Repealed.].
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
FIFTH SCHEDULE.
[SIXTH SCHEDULE.](https://www.scconline.com/Members/BrowseResult.aspx#FS15)
SEVENTH SCHEDULE.
1
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# THE LAWS LOCAL EXTENT ACT, 1874
# ACT NO. 15 OF 1874[1]
[8th December, 1874.]
An Act for declaring the local extent of certain Enactments, and for other purposes.
**Preamble.—WHEREAS it is expedient to declare the local extent of certain Acts passed by the Governor**
General of India in Council, the Legislative Council of India, and the Council of the Governor General of
India assembled for the purpose of making Laws and Regulations;
AND WHEREAS it is also expedient to consolidate the laws relating to the local extent of certain Acts
and Regulations in the Presidencies of Fort St. George and Bombay, and in the Lower and the NorthWestern Provinces of the Presidency of Fort William in Bengal;
It is hereby declared and enacted as follows:—
**[1. Short title.—This Act may be called the Laws Local Extent Act, 1874.](https://www.scconline.com/Members/BrowseResult.aspx#BS1)**
**[2. Interpretation clause.—In this Act the expression “Scheduled Districts” means the territories](https://www.scconline.com/Members/BrowseResult.aspx#BS2)**
mentioned in the sixth schedule hereto annexed.
**[3. Local extent of Acts in first schedule.—The Acts mentioned in the first schedule hereto annexed](https://www.scconline.com/Members/BrowseResult.aspx#BS3)**
are now in force [2][in the whole of India except [3][the territories which, immediately before the
1st November, 1956, were comprised in Part B States] and] the Scheduled Districts.
**[4. Local extent of enactments in second schedule.—The enactments mentioned in the second](https://www.scconline.com/Members/BrowseResult.aspx#BS4)**
schedule hereto annexed are now in force throughout the whole of the territories now subject to the
government of the Governor of Fort St. George in Council, except the Scheduled Districts subject to such
government.
**[5. Local extent of enactments in third schedule.—The enactments mentioned in the third schedule](https://www.scconline.com/Members/BrowseResult.aspx#BS5)**
hereto annexed are now in force throughout the whole of the territories now subject to the government of
the Governor of Bombay in Council, except the Scheduled Districts subject to such government.
**[6. Local extent of enactments in fourth schedule.—The enactments mentioned in the fourth schedule](https://www.scconline.com/Members/BrowseResult.aspx#BS6)**
hereto annexed are now in force throughout the whole of the territories now subject to the government of
the Lieutenant-Governor of Bengal, except the Scheduled Districts subject to such government.
**[7. Local extent of enactments in fifth schedule.—The enactments mentioned in the fifth schedule](https://www.scconline.com/Members/BrowseResult.aspx#BS7)**
hereto annexed are now in force throughout the whole of the territories now subject to the government of
the Lieutenant-Governor of the North-Western Provinces of the Presidency of Fort William, except the
Scheduled Districts subject to such government.
**8. Savings.—Nothing herein contained shall—**
(a) bar the power of the Central Government or the State Government under any law for the time being
in force, to extend to any place any Act mentioned in the said first schedule;
1. This Act has been rep., so far as it relates to any enactment replaced by the Guardians and Wards Act, 1890 (8 of 1890), as on
1-7-1890, in certain partially excluded areas in the Madras Province : See Madras Regulation 6 of 1940.
2. Subs. by the A.O. 1950 for “throughout all the Provinces of India, except”.
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States” (w.e.f. 1-11-1956).
2
-----
(b) extend any Act empowering the State Government to extend the same or any part thereof, or affect
in any manner the exercise of such power;
(c) affect the operation of any Act or Regulation heretofore extended to or declared to be in force in
any of the Scheduled Districts;
(d) revive any enactment which has been repealed either generally or with reference to some special
subject;
1* - - -
(j) extend to any of the towns of Calcutta, Madras and Bombay any, law not now in force therein;
2[(jj) extend to Pargana Bhadohi or Pargana Kera Mangror in the Mirzapur district, or to Pargana Kaswa
Raja in the Benares district, any law not now in force therein];
(k) affect the operation of any enactment not mentioned in any of the schedules hereto annexed.
**[9. Enactments repealed.—[Repealed by the Repealing Act, 1876 (12 of 1876)].](https://www.scconline.com/Members/BrowseResult.aspx#BS9)**
1. Clauses (e) and (h) were rep. by Act 8 of 1887, clause (f) by Act 12 of 1891, clause (g) by Act 8 of 1890 and clause (i) by Act 4
of 1894.
2. Ins. by Act 14 of 1881, s.15.
3
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[FIRST SCHEDULE[1]](https://www.scconline.com/Members/BrowseResult.aspx#BS10)
(See section 3)
ACTS OF THE SUPREME COUNCIL
Year and Number
Subject
21837, IV . . . . Power to acquire land.
1. Act 15 of 1874 having been rep. so far as it relates to the following enactments, by the Acts noted against each, the references to those enactments have
been omitted from this schedule:—
Enactments omitted
Repealing Acts
Act 26 of 1836 . . . . . . . Act 12 of 1927.
Act 6 of 1840 . . . . . . . Act 26 of 1881.
Act 11 of 1841 . . . . . . . Act 8 of 1887.
Act 18 of 1841 . . . . . . . Act 11 of 1878.
Act 19 of 1841 . . . . . . . Act 12 of 1927.
Act 9 of 1842 . . . . . . . Act 12 of 1891.
Act 12 of 1842 . . . . . . . Act 8 of 1887.
Act 20 of 1847 . . . . . . . Act 12 of 1927.
Act 34 of 1850 . . . . . . . The A.O. 1937.
Act 30 of 1852 . . . . . . . Act 12 of 1927.
Act 33 of 1852 . . . . . . . Act 8 of 1887.
Act 18 of 1854 . . . . . . . Act 12 of 1891.
Act 18 of 1854 . . . . . . . The A.O. 1937.
Act 1 of 1859 . . . . . . . Act 21 of 1923.
Act 3 of 1859 . . . . . . . Act 8 of 1887.
Act 8 of 1859 . . . . . . . Act 12 of 1891.
Act 14 of 1859, s. 15 . . . . . . . Act 12 of 1891.
Act 15 of 1859 . . . . . . . Act 12 of 1891.
Act 27 of 1860 . . . . . . . Act 7 of 1889.
Act 9 of 1861 . . . . . . . Act 8 of 1890.
Act 23 of 1861 . . . . . . . Act 12 of 1891.
Act 6 of 1863 . . . . . . . Act 12 of 1891.
Act 6 of 1864 . . . . . . . Act 12 of 1927.
Act 11 of 1865 . . . . . . . Act 9 of 1887.
Act 21 of 1865 . . . . . . . Act 12 of 1927.
Act 5 of 1866 . . . . . . . Act 12 of 1927.
Act 10 of 1866 . . . . . . . Act 12 of 1891.
Act 10 of 1867 . . . . . . . Act 9 of 1887.
Act 10 of 1868 . . . . . . . Act 12 of 1891.
Act 15 of 1869 . . . . . . . Act 12 of 1927.
Act 1 of 1870 . . . . . . . Act 12 of 1927.
2. Rep. by the A.O. 1950.
4
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Year and Number Subject
11838, XXV . . . . Wills executed before the 1st January, 1866.
21839, XXIX . . . . Dower, when marriage was contracted before 1st January, 1866.
11839, XXX . . . . Inheritance, where descent took place before 1st January, 1866.
1839, XXXII . . . . Interest.
1841, X . . . . Registration of ships.
21843, V . . . . Slavery.
31850, V . . . . Coasting Trade.
1850, XI . . . . Navigation Laws.
41850, XII . . . . Default of Public Accountants.
1850, XVIII . . . . Protection of Judicial Officers.
1850, XIX . . . . Binding of Apprentices.
1850, XXI . . . . Non-forfeiture of rights by loss of Caste.
1850, XXXVII . . . . Inquiries into the behaviour of Public Servants.
51853, II . . . . Burdens on land.
21854, XXXI . . . . Barring entails: Conveyances by married women.
21855, XI . . . . Mesne profits and improvements.
1855, XII . . . . Executors and Administrators.
1855, XIII . . . . Compensation for loss occasioned by death caused by actionable wrong.
21855, XXIII . . . . Administration of mortgaged estates in cases of descents occurring or devises made
before the 1st January, 1866.
[6]1855, XXIV . . . . Penal _servitude._
1855, XXVIII . . . . Interest.
1856, IX . . . . Bills of Lading.
1. Rep. by the A.O. 1950.
2. Rep. by Act 48 of 1952.
3. Rep. by Act 34 of 1939.
4. Rep. in Assam by Regulation 1 of 1886.
5. Rep. by the A.O. 1950.
6. Rep. by Act 17 of 1949.
5
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Year and Number Subject
11856, XI . . . . Desertion by European Soldiers.
1856, XV . . . . Marriage of Hindu Widows.
21857, XI . . . . Offences against the State.
[2]1857, XXV . . . . Forfeiture by Mutineers.
31858, XXXV . . . . Estates of Lunatics not subject to jurisdiction of Supreme Courts.
31858, XXXVI . . . . _Lunatic Asylums._
1859, IX . . . . Sections 16, 17, 18 and 20—Forfeitures.
1860, XXI . . . . Registration of Societies.
1862, III . . . . Government Seal.
1863, XVI . . . . Excise Duty payable on Spirits used in Arts and Manufactures.
41863, XXIII . . . . Claims to waste-lands.
51863, XXXI . . . . Gazette of India.
61864, III . . . . Foreigners.
1865, III . . . . Common Carriers.
71865, XV . . . . Marriage and Divorce among Parsees.
1866, XXI . . . . Dissolution of Marriages of Native Converts.
81866, XXVIII . . . . Trustees and Mortgagees' Powers.
1867, XXV . . . . Printing Presses, etc.
1. Rep. by the A.O. 1950.
2. Rep. by Act 4 of 1922.
3. Rep. by Act 4 of 1912.
4. Rep. in Bombay by Bombay Act 9 of 1943.
5. Rep by Act 1 of 1938.
6. Rep. by Act 31 of 1946.
7. Rep. by Act 3 of 1936.
8. Rep. by Act 48 of 1952.
6
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[1SECOND SCHEDULE](https://www.scconline.com/Members/BrowseResult.aspx#BS11)
(See section 4)
Year and Number
(a) MADRAS REGULATIONS
Subject
1802, III (s 1, part of s. 16 only) Procedure of Civil Courts.
1802, XIX (s. 2) . . Covenanted Civil Servants forbidden to lend.
1802, XXV . . . . Settlement of Land-revenue.
1802, XXVI (ss. 1, 2 and 3 only) Registration of malguzari land.
2[1802, XXIX . . . . Karnams.
1803, I . . . . Board of Revenue.
1803, II . . . . Conduct of Collectors, etc.
1. Act 15 of 1874 having been rep. so far as it relates to the following enactments, by the Acts noted against each, the references
to those enactments have been omitted from the Schedule:—
Enactments omitted
Repealing Acts
Madras Regulation 3 of 1802, s. 11 . . . . . . Act 12 of 1891.
Madras Regulation 5 of 1802, s. 30 . . . . . . Act 11 of 1901.
Madras Regulation 13 of 1802 . . . . . . Act 11 of 1901.
Madras Regulation 1 of 1805 . . . . . . Act 12 of 1891.
Madras Regulation 2 of 1807 . . . . . . Act 12 of 1891.
Madras Regulation 4 of 1816 . . . . . . Act 12 of 1891.
Madras Regulation 9 of 1816, s. 43 . . . . . . Act 12 of 1891.
Madras Regulation 14 of 1816 . . . . . . Act 12 of 1891.
Madras Regulation 5 of 1816 . . . . . . Act 12 of 1927.
Madras Regulation 1 of 1819 . . . . . . Act 12 of 1876.
Madras Regulation 2 of 1819 . . . . . . The A.O. 1937.
Madras Regulation 4 of 1821, s. 4 . . . . . . Act 12 of 1876.
Madras Regulation 3 of 1831 . . . . . . Act 12 of 1876.
Madras Regulation 7 of 1832 . . . . . . Act 12 of 1876.
Madras Regulation 11 of 1832 . . . . . . Act 6 of 1878.
Madras Regulation 14 of 1832 . . . . . . Act 13 of 1889.
2. This Regulation has been rep. by locally by Madras Act 2 of 1894.
7
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Year and Number Subject
11804, V . . . . Court of Wards.
1806, II 2(s. 7, clause second)] Collectors and Karnams.
31808, VII . . . . Martial Law.
1816, XI . . . . ss. 8, 9, 10—Heads of villages: section 11, clause
1—stolen property: section 13—discovery of
corpses: section 14—register of persons confined by
heads of villages; and section 47—Magistrates
charged with maintenance of peace.
4[1816, XII . . . . Reference of claims regarding land and produce to
Village and District Panchayats.
1817, VII . . . . Maintenance of Bridges, etc.; Escheats.
1817, VIII (s. 9 only) Sale for arrears of revenue of estate belonging to
Native Officer or Soldier.
1822, IV . . . . Explanation of Madras Regulation XXV, 1802.
51822, VII (Clause 1 of s. 3 only) Native Officers in Revenue and other Public
Departments.
1822,
1823,
IX
III
. . . .
. . . .
Embezzlement by public servants and
malversation in revenue-matters.
1828, VII . . . . Powers of Subordinate and Assistant Collectors.
1829, V . . . . Hindu Wills and Estates.
1830, I . . . . Prohibition of Widow-burning.
1831, V (s. 7, clause 2 only) Liability of Ministerial Officers for reception of
improperly stamped document.
61831, VI . . . . Hereditary Village Offices.
1. Act 15 of 1874, so far as it relates to the portions of Madras Regulation 5 of 1804 which were rep. by the Guardians and Wards
Act, 1890 (8 of 1890), is rep. by the latter Act. The Regulation was rep. by the Madras Court of Wards Act, 1902, (Madras 1 of
1902).
2. Parts of ss. 1 and 7 were originally referred to in this Schedule. Of the entire Regulation only the second clause of Section 7 is now in
force, see Part III of the Schedule to the Repealing Act, 1876 (12 of 1876).
3. Rep. by Act 4 of 1922, Section 3 and Schedule.
4. Madras Regulation 12 of 1816 has been rep. by the Madras Survey and Boundaries Act, 1897 (Madras 4 of 1897) so far as it applies to cases of
claims to lands or crops, the validity of which claims may depend upon the determination of an uncertain and disputed boundary or land-mark.
5. Rep. by the A.O. 1937.
6. Rep. by Madras Act 3 of 1895.
8
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Year and Number Subject
11831, X . . . . Prohibition of Sale of Estates of Minors for Arrears
of Revenue.
1832, III . . . . Limitation for Suits against orders of Revenue
Authorities under Madras Regulation VII of 1828.
(b) ACTS OF THE SUPREME COUNCIL RELATING TO THE MADRAS PRESIDENCY[2]
Year and Number
Subject
1837, XXXVI . . . . Criminal Jurisdiction of Collectors.
1839, VII . . . . Tahsildars.
31840, VIII . . . . Awards of Panchayats.
41846, I . . . . Pleaders.
1849, X . . . . Commissioners of Revenue.
41853, XX . . . . Pleaders.
1857, VII . . . . Uncovenanted Agency.
1858, I . . . . Compulsory Labour.
1859, XXIV . . . . Police.
1. Act 15 of 1874, so far as it relates to Madras Regulation 10 of 1831, s. 3, is rep. by Act 8 of 1890.
2. Act 15 of 1874 having been rep. so far as it relates to the following enactments, by the Acts noted against each, the references to those enactments
have been omitted from this Schedule:—
Enactments omitted
Repealing Acts
Act 12 of 1838 . . . . . . . Act 6 of 1878.
Act 17 of 1840 . . . . . . . Act 12 of 1891.
Act 7 of 1852 . . . . . . . Act 12 of 1891.
Act 6 of 1844 . . . . . . . Act 3 of 1937.
Act 9 of 1846 . . . . . . . Act 12 of 1927.
Act 10 of 1855, s. 10 . . . . . . . Act 11 of 1901.
Act 14 of 1855 . . . . . . . Act 8 of 1887.
Act 21 of 1855 . . . . . . . Act 12 of 1927.
Act 8 of 1856 . . . . . . . Act 12 of 1927.
Act 14 of 1858 . . . . . . . Act 8 of 1890.
Act 28 of 1860 . . . . . . . Act 12 of 1927.
Act 11 of 1869 . . . . . . . Act 12 of 1891.
Act 24 of 1869 . . . . . . . Act 18 of 1877.
3. Rep. by Madras Act 7 of 1931.
4. As to the repeal of Acts 1 of 1846 and 20 of 1853 in the Madras Presidency, see the Legal Practitioners Act, 1879 (18 of 1879), ss. 1 and 42.
9
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1THIRD SCHEDULE
(See section 5)
(a) BOMBAY REGULATIONS
Year and
Number
1827, II . . . . Section 21 (caste questions); [2][* * *]
Subject
1827, IV . . . . Section 26 (law applicable to suits): section 69, clauses second and third (attachment
and distraint of crops).
1827, V . . . . Preamble: Section 9 (acknowledgments of debt): section 14 (interest): section 15
(mortgages and pledges).
1827, VIII . . . . Administration of Estates.
1827, XII . . . . Section 19 (Magistrate's power to make rules): section 20 (standards of weights and
measures): section 27, clause 2 (supervision of suspected persons): section 37, clauses
first and second (responsibility of villages for robberies).
1827, XIII . . . . [Section 34, clause third (letter substituted for summons). ]
1827, XXII . . . . [Sections 40, 41, 42, 43 (passage of troops). ]
31830, V . . . . [Section 1 (Revenue Commissioners): Section 2, clauses 1, 2, 3 (Collectors and ]
Sub-Collectors).
1830, XIII . . . . [Civil jurisdiction of Jagirdars. ]
31831, XV . . . . [Village Patels. ]
31832, II . . . . [Realization of Revenue. ]
31833, V . . . . Hereditary Officers.
1. Act 15 of 1874 having been rep. so far as it relates to the following enactments by the Acts noted against each, the references to those enactments
have been omitted from the Schedule:—
Enactments omitted
Repealing Acts
Bombay Regulation 12 of 1827, preamble . . . . . . Act 12 of 1891.
Bombay Regulation 16 of 1827, . . . . . . Act 12 of 1891.
Bombay Regulation 21 of 1827, Sections 1-16, 46, 54-73 . . . . . . Act 12 of 1891.
Bombay Regulation 22 of 1827, Sections 18-20, 45-47 . . . . . . Act 13 of 1889.
Bombay Regulation 25 of 1827, . . . . . . The A.O. 1937.
2. Certain words rep.by Act 12 of 1927.
3. Bombay Regulation 4 of 1827, Section 69, and Bombay Regulations 5 of 1830, 15 of 1831, 2 of 1832 and 5 of 1833 rep. locally by Bombay Act
5 of 1879.
10
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(b) ACTS OF THE SUPREME COUNCIL RELATING TO THE BOMBAY PRESIDENCY[1]
Year and Number
Subject
41838, XVI . . . . Judiciary.
21838, XVIII . . . . Sureties.
1838, XIX . . . . Coasting Vessels.
31839, XX . . . . Revenue.
41840, XV . . . . Agents of Foreign Sovereigns.
21842, XIII . . . . Revenue.
21842, XVII . . . . Revenue Commissioners.
41844, XIX . . . . Abolition of Town Duties.
51846, I . . . . Pleaders.
21846, III . . . . Sections 1, 5 and 6—Boundary Marks.
1853, XX . . . . Pleaders.
1. Act 15 of 1874 having been rep. so far as it relates to the following enactments, by the Acts noted against each, the references
to those enactments have been omitted from this Schedule:—
Enactments omitted
Repealing Acts
Act 11 of 1843 . . . . . . . Act 12 of 1891.
Act 3 of 1852 . . . . . . . Act 12 of 1891.
Act 21 of 1852 . . . . . . . Act 12 of 1891.
Act 10 of 1855, s. 10 . . . . . . . Act 11 of 1901.
Act 8 of 1856 . . . . . . . Act 9 of 1894.
Act 20 of 1864 . . . . . . . Act 8 of 1890.
2. Acts 18 of 1838, 13 and 17 of 1842 and 3 of 1846 rep. locally by the Bombay Land-revenue Code, 1879 (Bombay 5 of 1879)
Act 18 of 1838 rep. by Act 32 of 1940.
3. Rep. by Act 48 of 1952 and Bombay Act 18 of 1953.
4. Rep. in Bombay by Bombay Act 18 of 1953.
5. As to the repeal of Acts 1 of 1846 and 20 of 1853 in the Bombay Presidency, see the Legal Practitioners Act, 1879 (18 of
1879), ss. 1 and 42.
11
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1FOURTH SCHEDULE
(See section 6)
Year and
Number
(a) BENGAL REGULATIONS (LOWER PROVINCES)
Subject
1793, I . . . . Perpetual Settlement.
1793, II . . . . Collection of land-revenue.
1793, VIII . . . . Rules for Decennial Settlement.
1793, XI . . . . Native laws of inheritance to Revenue-paying land.
1793, XIX . . . . Title to lands exempt from Revenue.
1793, XXXVII . . . . Title to lands exempt from Revenue under badshahi grants.
1793, XXXVIII . . . . Section 1—Preamble: Section 2—prohibition of loans by Covenanted Servants.
1794, III . . . . Sections 13, 16, 17, 18, 19 and 20—Arrears of Revenue.
1799, V . . . . Wills and Intestacies of Natives.
1800, VIII . . . . Pargana Register of Lands.
1801, I . . . . Arrears of Revenue: Division of Joint Estates.
21804, X . . . . Punishment by Courts-martial of certain State offences.
1806, XI . . . . Passage of Troops.
1. Act 15 of 1874 having been rep. so far as it relates to the following enactments, by the Acts noted against each, the references
to those enactments have been omitted from this Schedule:—
Enactments omitted
Repealing Acts
Bengal Regulation 48 of 1793 . . . . . Act 12 of 1891.
Bengal Regulation 3 of 1794, s. 12 . . . . . Act 12 of 1891.
Bengal Regulation 58 of 1795, ss. 3 and 4 . . . . . Act 12 of 1876.
Bengal Regulation 15 of 1797 . . . . . Act 12 of 1891.
Bengal Regulation 1 of 1798 . . . . . Act 12 of 1891.
Bengal Regulation 17 of 1806, ss. 7 and 8 . . . . . Act 12 of 1891.
Bengal Regulation 20 of 1810 . . . . . Act 13 of 1889.
Bengal Regulation 11 of 1811 . . . . . Act 12 of 1891.
Bengal Regulation 19 of 1814 . . . . . Act 12 of 1891.
Bengal Regulation 5 of 1817 . . . . . Act 6 of 1878.
Bengal Regulation 20 of 1817, ss. 28 and 32 . . . . . Act 12 of 1891.
Bengal Regulation 3 of 1818 . . . . . The A.O. 1937.
Bengal Regulation 6 of 1819 . . . . . Act 12 of 1891.
Bengal Regulation 20 of 1825 . . . . . Act 10 of 1882.
Bengal Regulation 4 of 1829 . . . . . Act 12 of 1876.
2. Rep. by the Special Laws Repeal Act, 1922 (4 of 1922), s. 3 and Schedule.
12
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Year and Number Subject
. . . . Maintenance of Bridges, etc.; Escheats
1810, XIX
. . . . Collection of Land-revenue.
1812, V
. . . . Removal of Foreign Emigrants.
1812, XI
. . . . Section 29—Criminal process in Salt and Opium Departments: section 30, clauses
1817, XX
1, 2 and 5—Building forts; Collecting sepoys and stores; Encroaching on roads.
. . . . Resumption of Revenue-free lands.
1819, II
. . . . Powers of Collectors and Magistrates.
1821, IV
1 . . . . Boards of Land-revenue.
1822, III
. . . . Section 36—Khas management of purchases by Government: section 38—non1822, XI
liability of Government for errors of Courts.
. . . . Indigo Contracts.
1823, VI
. . . . Prohibition of loans to Covenanted Civil Servants.
1823, VII
. . . . Passage of Troops.
1825, VI
. . . . Defaulting Malguzars.
1825, IX
. . . . Alluvion and diluvion.
1825, XI
. . . . Settlement of resumed Lakhiraj land.
1825, XIII
. . . . Authority to confirm Lakhiraj tenures; Native grants.
1825, XIV
1 . . . . Section 5—Evidence.
1827, III
. . . . Management of Estates under attachment.
1827, V
. . . . Appeals from decisions of Revenue Authorities.
1828, III
. . . . Section 1 and section 2, clause 4—Time during which Collectors are to be
1828, IV
considered engaged in making settlements.
. . . . Commissioners of Revenue and Board of Revenue.
1829, I
. . . . Widow-burning.
1829, XVII
1830, V . . . . Sections 1 and 5—Indigo Contracts.
1. Rep.by the Bengal Boards of Revenue Act, 1913 (Bengal 2 of 1913).
13
-----
(b) ACTS OF THE SUPREME COUNCIL RELATING TO THE LOWER PROVINCES[1]
Year and Number
Subject
1836, X . . . . Indigo Contracts.
1836, XXI . . . . Creating Zilas.
1841, XII . . . . Section 2—No Interest on arrears of Land-revenue.
1847, IX . . . . Assessment of new lands.
1848, XX . . . . Land-revenue.
21850, XLIV . . . . Board of revenue.
31855, XXXII . . . . Embankments.
1856, XII . . . . Civil Court Amins.
1857, XIII . . . . Opium.
1858, XXXI . . . . Settlement of Alluvion.
1859, XI . . . . Sales for Arrears of Revenue.
1. Act 15 of 1874 having been rep. so far as it relates to the following enactments, by the Acts noted against each, the references
to those enactments have been omitted from this Schedule:—
Enactments omitted Repealing Acts
Act 20 of 1836 . . . . . . Act 12 of 1891.
Act 11 of 1838 . . . . . . Act 12 of 1891.
Act 19 of 1853, s. 26 . . . . . . Act 1 of 1903.
Act 20 of 1856 . . . . . . Act 12 of 1891.
Act 21 of 1856 . . . . . . Act 12 of 1891.
Act 40 of 1858 . . . . . . Act 8 of 1890.
Act 23 of 1860 . . . . . . Act 12 of 1891.
2. Rep. by the Bengal Board of Revenue Act, 1913 (Bengal 2 of 1913).
3. Act 32 of 1855 has been rep. locally in Bengal by the Bengal Embankments Act, 1873 (Bengal 6 of 1873).
14
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FIFTH SCHEDULE
(See section 7)
Year and Number
(a) BENGAL REGULATIONS (NORTH-WESTERN PROVINCES)[1]
Subject
1793, XXXVIII . . . . Section 1—Preamble: section 2—prohibition of loans by Covenanted Servants.
1799, V . . . . Wills and Administration to Natives.
2[1804, X . . . . Punishment by Courts-martial of certain State offences.
1806, XI . . . . Passage of Troops.
1812, XI . . . . Removal of Foreign Emigrants.
1822, XI . . . . Section 38—Non-liability of Government for errors of Courts.
1823, VI . . . . Indigo Contracts.
1823, VII . . . . Prohibition of loans to Covenanted Civil Servants.
1825, VI . . . . Passage of Troops.
1825, XI . . . . Alluvion and Diluvion.
1827, III . . . . Section 5—Evidence.
1827, V . . . . Management of Estates under Attachment.
1829, XVII . . . . Widow-burning.
1. Act 15 of 1874 having been rep. so far as it relates to the following enactments, by the Acts noted against each, the references
to those enactments have been omitted from this Schedule:—
Enactments omitted
Repealing Acts
Bengal Regulation 1 of 1798 . . . . . . . Act 12 of 1891.
Bengal Regulation 17 of 1806, ss. 7 and 8 . . . . . . . Act 12 of 1891.
Bengal Regulation 19 of 1810 . . . . . . . Act 12 of 1891.
Bengal Regulation 20 of 1810 . . . . . . . Act 13 of 1889.
Bengal Regulation 5 of 1817 . . . . . . . Act 12 of 1891.
Bengal Regulation 3 of 1818 . . . . . . . The A.O. 1937.
Bengal Regulation 6 of 1819 . . . . . . . Act 12 of 1891.
Bengal Regulation 20 of 1825 . . . . . . . Act 10 of 1882.
Bengal Regulation 6 of 1831, s. 6 . . . . . . . Act 12 of 1891.
Bengal Regulation 11 of 1831, ss. 4 and 8 . . . . . . . Act 12 of 1891.
Bengal Regulation 1 of 1833 . . . . . . . Act 8 of 1875.
2. Rep. by Act 4 of 1922, s. 3 and Schedule.
15
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Year and Number Subject
1830, V . . . . Sections 1 and 5—Indigo Contracts.
1831, XI . . . . Sections 1, 2, 5, 6—Police-powers of Tahsildars.
1833, IX . . . . Deputy Collectors.
(b) ACTS OF THE SUPREME COUNCIL RELATING TO THE NORTH-WESTERN PROVINCES[1]
Year and Number
Subject
1836, X . . . . Indigo Contracts.
1854, XVI . . . . Police.
1856, XII . . . . Civil Court Amins.
21856, XX . . . . Chaukidars.
1857, XIII . . . . Opium.
1. Act 15 of 1874 having been rep.so far as it relates to the following enactments, by the Acts noted against each, the references to
those enactments have been omitted from this Schedule:—
Enactments omitted
Repealing Acts
Act 21 of 1836 . . . . . . . Act 1 of 1903.
Act 19 of 1853, s. 26 . . . . . . . Act 1 of 1903.
Act 40 of 1858 . . . . . . . Act 8 of 1890.
2. Act 20 of 1856 has been rep. in the U.P. by the U.P. Town Areas Act, 1914 (U.P. 2 of 1914), s. 41.
16
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SIXTH SCHEDULE
(See sections 2, 3, 4, 5, 6 and 7)
PART I
SCHEDULED DISTRICTS, MADRAS
_I.—In Ganjam_
(1) The Gumsur Maliahs, including Chokapad.
(2) The Surada Maliahs.
(3) The Chinna Kimedi Maliahs.
(4) The Pedda Kimedi Maliahs.
(5) The Bodaguda Maliahs.
(6) The Surangi Maliahs.
(7) The Parla Kimedi Maliahs.
(8) The Muttas of Korada and Ronaba (otherwise called Srikarma).
1[* * *]
(10) The Jurada Maliah.
(11) The Jalantra Maliah.
(12) The Mandasa Maliah.
(13) The Budarashinghi Maliah.
(14) The Kuttingia Maliah.
_II.—In Vizagapatam_
(1) The Jeypur Zamindari.
(2) Golconda Hills, west of the River Boderu.
(3) The Madugol Maliahs.
(4) The Kasipur Zamindari.
1. Item (9), “The Chighatti Maliah”, was rep. by Act 12 of 1891.
17
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(5) The Panchipenta Maliahs.
(6) Mondemkolla, in the Merangi Zamindari.
1[(7) The Konda Mutta of Merangi.]
(8) The Gumma and Konda Muttas of Kurpam.
(9) The Kottam, Ram and Konda Muttas of Palkonda.
_III.—In the Godavari District[2]_
(1) The Bhadrachalam Taluq.
(2) The Rakapilli Taluq.
(3) The Rampa Country.
_IV.—In the Indian Ocean_
The Laccadive Islands, including Minicoy.
PART II
SCHEDULED DISTRICTS, BOMBAY
I.—The Province of Sindh[3]
4[* * *]
III.—Aden.[5]
IV.—The villages belonging to the following Mehwassi Chiefs:—
(1) The Parvi of Kathi.
(2) The Parvi of Nal.
(3) The Parvi of Singpur.
(4) Walwi of Gaohalli.
1. Subs. by Act 12 of 1891, for “(7) The Konda Mutta of Belgam”.
2. The Ducharti and Guditeru Muttas in the Golconda Hills have been transferred from the Vizagapatam to the Godavari
district. See Fort St. George Gazette, 1881, Part I, p. 336.
Certain villages and estates in the Godavari district became Scheduled Districts for the purposes of the Scheduled Districts Act,
1874 (14 of 1874); but they are not “Scheduled Districts” within the meaning of the Laws Local Extent Act, 1874.
3. Ceased to be part of India from 15-8-1947.
4. Item II, “The Panch Mahals”, was rep. by Act 7 of 1885, with effect from 1-5-1885.
5. Aden ceased to be part of India from 1-4-1937.
18
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(5) The Wassawa of Chikhli.
(6) The Parvi of Nawalpur.
PART III
SCHEDULED DISTRICTS, BENGAL
I.—The Jalpaiguri and Darjeeling [1][Districts].
II.—The Hill Tracts of Chittagong[2].
III.—The Santhal Parganas.
IV.—The Chutia Nagpur Division. [3]
V.—The Mahals of Angul and Banki.[4]
PART IV
SCHEDULED DISTRICTS, NORTH-WESTERN PROVINCES
5[* * *]
II.—The Province of Kumaon and Garhwal.
III.—The Tarai Parganas, comprising—Bazpur, Kashipur, Jaspur, Rudarpur, Godarpur, Kilpuri,
Nanak-Mattha and Bilheri.
IV.—In the Mirzapur district—
(1) The tappas of Agori Khas and South Kon in the Pargana of Agori.
(2) The tappa of British Singrauli in the Pargana of Singrauli.
(3) The tappas of Phulwa, Dudhi and Barha in the Pargana of Bichipar.
(4) The portion lying to the South of the Kaimor Range.
1. Subs. by Act 12 of 1891, for “Divisions”.
2. Ceased to be part of India from 15-8-1947.
3. The Thanas of Raipur and Khattra, which formerly formed portion of the Chutia Nagpur Division, were transferred to the district
of Bankura, and ceased to be a Scheduled District on 1-10-1879. See the Raipur and Khattra Laws Act, 1879 (19 of 1879).
The Estate of Porahat now forms part of the Chutia Nagpur Division Scheduled District for the purposes of the Scheduled
Districts Act, 1874, see the Porahat Estate Act, 1893 (2 of 1893), s. 3, but it is not a “Scheduled District” within the meaning of
the Laws Local Extent Act, 1874.
4. The Mahal of Banki ceased to be a Scheduled District on 1-4-1882, see the Banki Laws Act, 1881 (25 of 1881).
The Khondmals in Orissa, which previously formed part of the Angul district [see the Angul Laws Regulation, 1913 (3 of 1913)]
and now form and independent district [see the Khondmals Laws Regulation, 1936 (4 of 1936)] became a Scheduled District for
the purposes of the Scheduled Districts Act, 1874 (14 of 1874); but they are not “Scheduled District” within the meaning of the
Laws Local Extent Act, 1874.
5. Item I, “The Jhansi Division, comprising the districts of Jhansi, Jalaun and Laltapur”, was rep. by Act 20 of 1890, s. 8(1).
19
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1[* * *]
VI.—The tract of country know as Jaunsar Bawar in the Dehra Dun district.
PART V
SCHEDULED DISTRICTS, PUNJAB
The districts[2] of Hazara, Peshawar, Kohat, Bannu, Dera Ismail Khan, Dera Ghazi Khan, Lahaul and
Spiti.
PART VI
3SCHEDULED DISTRICTS, CENTRAL PROVINCES
_Chattisgarh Zamindaris_
1. Khariar. 13. Matin.
2. Bindra Nawagarh. 14. Uprora.
3. Sahezpur. 15. Kenda.
4. Gandai. 16. Lapha.
5. Silheti. 17. Chhuri.
6. Barbaspur. 18. Korba.
7. Thakurtola. 19. Chapa.
8. Lohara. 20. Bora Sambhar.
9. Gondardehi. 21. Phuljhar.
10. Fingeswar. 22. Kolabira.
11. Pandaria. 23. Rampur.
12. Pendra.
1. Item V, “The Family Domains of the Maharaja of Benares, comprising the following parganas:—Bhadohi and Kheyra Mangror
in the Mirzapur district; Kaswa Raja in the Benares district”, was rep. by Act 14 of 1881, s. 14.
2. Except Lahaul and Spiti, these districts ceased to be part of India from 15-8-1947.
3. The taluqs of Nugur, Albaka and Cherla which were transferred to the Madras Presidency with effect from 1-7-1909 had, from
17-1-1905, became Scheduled Districts within the meaning of the Scheduled Districts Act, 1874 (14 of 1874).
20
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_Chanda Zamindaris_
1. Ahiri. 11. Muramgaon.
2. Ambagarh Chauki. 12. Panabaras.
3. Aundhi. 13. Palasgarh.
4. Dhanora. 14. Rangi.
5. Dudhmala. 15. Sirsundi.
6. Gewarda. 16. Sonsari.
7. Jharapapra. 17. Chandala.
8. Khutgaon. 18. Gilgaon.
9. Koracha. 19. Pawi Mutanda.
10. Kotgal. 20. Pategaon.
_Chhindwara Jagirdaris_
1. Harai. 7. Pachmarhi.
2. Chhater. 8. Partabgarh.
3. Gorakhghat. 9. Almod.
4. Gorpani. 10. Sonpur.
5. Bakhtagarh. 11. Bariam Pagara.
6. Bardagarh
PART VII
The Chief Commissionership of Coorg.
PART VIII
The Chief Commissionership of the Andaman and Nicobar Islands.
PART IX
The Chief Commissionership of Ajmer and Merwara.
21
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PART X
1The Chief Commissionership of Assam.
PART XI
The Hill Tracts of Arakan.—[Repealed by the A.O. 1937.]
PART XII
The Pargana of Manpur.—[Repealed by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule.]
PART XIII
The Cantonment of Morar.—[Repealed by the Repealing and Amending Act, 1891 (12 of 1891).]
1. The Lushai Hills, which include the North and South Lushai Hills and the Mokokchang Sub-division of the Naga Hills District,
became Scheduled Districts for the purposes of the Scheduled Districts Act, 1874 (14 of 1874), but they are not Scheduled
Districts within the meaning of this Act.
22
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SEVENTH SCHEDULE
Enactments Repealed.—[Repealed by the Repealing Act, 1876 (12 of 1876).]
———
23
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|
2-Mar-1875 | 09 | The Majority Act, 1875 | https://www.indiacode.nic.in/bitstream/123456789/2284/1/A1875-09.pdf | central | # THE MAJORITY ACT, 1875
_______
ARRANGEMENT OF SECTIONS
_______
PREAMBLE.
SECTIONS
1. Short title.
Local extent.
Commencement and operation.
2. Saving.
3. Age of majority of persons domiciled in India.
1
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# THE MAJORITY ACT, 1875
ACT NO. 9 OF 1875[1]
An Act to amend the law respecting the age of majority.
[2nd March, 1875.]
**Preamble.—Whereas, in the case of persons domiciled in [2][India] it is expedient** [3][to specify the
age of majority]; It is hereby enacted as follows: —
**1. Short title.—This Act may be called the [4]*** Majority Act, 1875.**
**Local extent.—[5][It extends to the whole of India [6][except the State of Jammu and Kashmir]];**
**Commencement and operation.—and it shall come into force and have effect only on the**
expiration of three months from the passing thereof.
**2. Saving.—Nothing herein contained shall affect:—**
(a) the capacity of any persons to act in the following matters (namely),—marriage, dower,
divorce and adoption;
(b) the religion or religious rites and usages of any class of [7][citizens of India]; or
(c) the capacity of any person who before this Act comes into force has attained majority under
the law applicable to him.
**8[3. Age of majority of persons domiciled in India.—(1) Every person domiciled in India shall**
attain the age of majority on his completing the age of eighteen years and not before.
(2) In computing the age of any person, the day on which he was born is to be included as a whole
day and he shall be deemed to have attained majority at the beginning of the eighteenth anniversary of
that day.]
1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule, and the whole of
the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Schedule.
This Act has been extended to Pondicherry by Act 26 of 1968, subject to the following modification:
In section 1 at the end, insert:—
“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “Part A States and Part C States”.
3. Subs. by Act 33 of 1999, s. 2, for “to prolong the period of nonage, and to attain more uniformity and certainty respecting
the age of majority that now exists” (w.e.f. 16-12-1999).
4. The word “Indian” omitted by s. 3, ibid (w.e.f. 16-12-1999).
5. Subs. by the A.O. 1950, for the original para.
6. Subs. by Act 3 of 1951, s. 3 and the Schedule for “except Part B States”.
7. Subs. by the A.O. 1950, for “His Majesty’s subjects in India”.
8. Subs. by Act 33 of 1999, s. 4, for sections 3 and 4 (w.e.f. 16-12-1999).
2
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|
14-Mar-1876 | 06 | The Chutia Nagpur Encumbered Estates Act, 1876 | https://www.indiacode.nic.in/bitstream/123456789/19142/1/a1876-6.pdf | central | # THE CHUTIA NAGPUR ENCUMBERED ESTATES ACT, 1876
____________
# ARRANGEMENT OF SECTIONS
__________
I.—PRELIMINARY.
PREAMBLE.
SECTIONS.
1. Short title.
II.—VESTING ORDER.
2. Power to vest management of property in an officer appointed by Commissioner.
3. Effect of order.
Bar of suits.
Freedom from arrest.
Moveable property not liable to attachment for prior debts.
Cessation of power to alienate.
Immoveable property freed from attachment.
Cessation of power to contract.
III.—DUTIES OF MANAGER.
4. Manager to receive rents and profits, and pay therefrom.
_a. the Government demand,_
_b. rent due to superior landlord,_
_c. annual sum for maintenance of holder of property and his heir._
_d. costs of repairs and improvements._
_e. costs of management, and_
_f. the debts and liabilities._
IV.—SETTLEMENT OF DEBTS.
5. Notice to claimants against holder of property.
Notice how published.
6. Claim to contain full particulars.
Documents to be given up.
Entries in books.
Exclusion of documents not produced.
7. Debt not duly notified to be barred.
Provision for admission of claim within further period of nine months.
8. Determination of debts.
9. Power to inquire into consideration for leases.
Power to set aside leases.
-----
SECTIONS.
10. Appeal to Deputy Commissioner.
Appeal to Commissioner.
11. Scheme for settlement of debts.
Power to return scheme for revision.
12. Restoration of owner to his property.
Restoration of owner to his property.
Revival of barred proceedings and debts.
Reinstatement of mortgagees.
Period of limitation as to revived proceedings and debts.
V.—POWERS OF MANAGER.
13. Power to call for further particulars.
14. Power to summon witnesses and compel production of documents.
15. Investigation to be deemed a judicial proceeding.
Statements of persons examined to be evidence.
16. Manager to have powers of holder of estate.
Power to remove mortgagee or conditional vendee in possession.
17. Power to lease.
18. Power to raise money by mortgage or sale.
Manager’s receipts.
VI.—MISCELLANEOUS.
19. Power to make rules.
20. Power to appoint new Managers.
21. Managers to be public servants.
22. Bar of suits.
23. Saving of jurisdiction of Courts in Chutia Nagpur in respect of certain suits.
24. Act not to affect powers conferred by Bengal Act II of 1869.
-----
# THE CHUTIA NAGPUR ENCUMBERED ESTATES ACT, 1876
ACT NO. VI OF 1876
[14th March, 1876.]
An Act to relieve certain Landholders in Chutia Nagpur.
**Preamble.—WHEREAS it is expedient to provide for the relief of holders of land in Chutia Nagpur**
who may be in debt, and whose immoveable property may be subject to mortgages, charges and liens; It is
hereby enacted as follows:—
I.—PRELIMINARY.
**1. Short title.—This Act may be called “The Chutia Nagpur Encumbered Estates Act, 1876.”**
II.—VESTING ORDER.
**2. Power to vest management of property in an officer appointed by Commissioner.—Whenever**
any holder of immoveable property, or (when such holder is a minor, or of unsound mind, or an idiot) his
guardian, committee or other legal curator,
or the person who would be heir to such holder if he died intestate,
or (when such person is a minor, or of unsound mind, or an idiot) his guardian, committee or other legal
curator,
or when any such property belonging to such holder has been attached in execution of a decree of a
Civil Court, the Deputy Commissioner within whose jurisdiction such property is situate,
applies in writing to the Commissioner, stating that the holder of the said property is subject to, or that
his said property is charged with, debts or liabilities other than debts due, or liabilities incurred, to
Government, and requesting that the provisions of this Act be applied to his case,
the Commissioner may, with the previous consent of the Lieutenant-Governor of Bengal, by order
published in the Calcutta Gazette, appoint an officer (hereinafter called the Manager), and vest in him the
management of the whole or any portion of the immoveable property of or to which the said holder is then
possessed or entitled in his own right, or which he is entitled to redeem, or which may be acquired by or
devolve on him or his heir, during the continuance of such management.
**3. Effect of order.—On the such publication the following consequences shall ensue:—**
**Bar** **of** **suits.—First, all proceedings which may then be pending in any Civil Court in British India, in**
respect to such debts or liabilities, shall be barred; and all processes, executions and attachments for or in
respect of such debts and liabilities shall become null and void;
**Freedom from arrest.—Secondly, so long as such management continues, the holder of the said**
property and his heir shall not be liable to arrest for or in respect of the debts and liabilities to which the
said holder was immediately before the said publication subject, or with which the property so vested as
aforesaid or any part thereof was at the time of the said publication charged, other than debts due, or
liabilities incurred, to Government,
**Moveable property not liable to attachment for prior debts.—nor shall their movable property be**
liable to attachment or sale, under process of any Civil Court in British India, for or in respect of such debts
and liabilities other than as aforesaid; and
**Cessation of power to alienate. —Thirdly, so long as such management continues,**
-----
(a) the holder of the said immoveable property and his heir shall be incompetent to mortgage, charge,
lease or alienate their immoveable property or any part thereof, or to grant valid receipts for the rents and
profits arising or accruing therefrom,
**Immoveable property freed from attachment.—(b) such property shall be exempt from attachment**
or sale under such process as aforesaid except for or in respect of debts due, or liabilities incurred, to
Government, and
**Cessation of power to contract.—(c) the holder of the same property and his heir shall be incapable**
of entering into any contract which may involve them, or either of them, in pecuniary liability.
III.—DUTIES OF MANAGER.
**4. Manager to receive rents and profits,—The Manager shall, during his management of the said**
immoveable property, receive and recover all rents and profits due in respect thereof; and shall, upon
receiving such rents and profits, give receipts for the same.
From the sums so received, he shall pay—
**and pay therefrom the Government demand,** _First, the Government revenue, and all debts of_
liabilities for the time being due or incurred to Government;
**rent due to superior landlord, Secondly, in the case of under-tenures, the rent (if any) due to the**
superior landlord, in respect of the said property:
**annual sum for maintenance of holder of property and his heir, Thirdly, such annual sums as**
appears to the Commissioner requisite for the maintenance of the holder of the property, his heir, and their
families:
**costs of repairs and improvements, Fourthly the costs of such repairs and improvements of the**
property as appear necessary to the Manager and are approved by the Commissioner:
**cost of management and the debt and liabilities, and the residue shall be applied in discharge of the**
costs of the management, and in settlement of such debts and liabilities of the holder of the property and
his heir, as may be established under the provision hereinafter contained.
**IV.—SETTLEMENT OF DEBTS.**
**5. Notice to claimant against holder of property.—On the publication of the order vesting in him the**
management on the said property, the manager shall publish a notice in English, Urdu and Hindi, calling
upon all persons having claims against the holder of the said property to notify the same in writing to such
Manager within three months from the date of the publication.
**Notice how published.—Such notice shall be published by being posted at the kachahris in the district**
or districts in which the said property lies, and at such other places as the Manager thinks fit.
**6. Claim to contain full particulars.** **—Every such claimant shall, along with his claim present full**
particulars thereof.
**Documents to be given up.—Every document on which the claimant founds his claim, or on which he**
relies in support thereof, shall be delivered to the Manager along with the claim.
**Entries in Books.—If the document be an entry in any book, the claimant shall produce the book to**
the Manager, together with a copy of the entry on which he relies. The Manager shall mark the book for the
purpose of identification, and, after examining and comparing the copy with the original, shall return the
book to the claimant.
-----
**Exclusion of documents not produced.—If any document in the possession or under the control of**
the claimant is not delivered or produced by him to the Manager along with the claim, the Manager may
refuse to receive such document in evidence on the claimant's behalf at the investigation of the case.
**7. Debt not duly notified to be barred.—Every debt or liability other than debts due, or**
liabilities incurred, to Government or (in the case of under-tenures), the rent due to the superior landlord,
to which the holder of the property is subject, or with which the property is charged, and which is not duly
notified to the Manager within the time and in manner hereinbefore mentioned, shall be barred:
**Provision for admission of claim within further period of nine months.—Provided that, when proof**
is made to the Manager that the claimant was unable to comply with the provisions of sections five and six,
the Manager may admit his claim within the further period of nine months from the expiration of the said
period of three months.
**8. Determination of debts.—The Manager shall, in accordance with the rules to be made under this**
Act, determine the amount of all principal debts and liabilities justly due to the several creditors of the
holder of the property, and to persons holding mortgages, charges or liens thereon, and the interest (if any)
due at the date of such determination, in respect of such debts and liabilities.
**9. Power to inquire into consideration for leases.—If such property or any part thereof be in the**
possession of any person claiming to hold it under a lease, dated within the three years immediately
preceding the publication of the order mentioned in section two, the Manager, with the sanction of the
Deputy Commissioner and Commissioner (or of the Commissioner only if the Deputy Commissioner be
himself the Manager), may inquire into the sufficiency of the consideration for which the lease was given;
**Power to set aside leases.— and, if such consideration appears to him insufficient, may by order either**
set aside the lease or cause the person so in possession to pay such consideration for the said lease as the
Manager thinks fit, and in default of such payment the lease or shall be cancelled.
**10. Appeal to Deputy Commissioner. –-An appeal against any refusal, admission, determination or**
order under section six, seven, eight or nine shall lie, if preferred within six weeks from the date thereof to
the Deputy Commissioner within whose jurisdiction the property is situate, and the decision of the manager,
if no such appeal has been so preferred, shall be final:
Provided that, if the Deputy Commissioner be himself the Manager, the appeal shall lie to the
Commissioner.
**Appeal to commissioner.—An appeal shall lie from any decision of the Deputy Commissioner, if**
preferred within six weeks of the date of his decision, to the Commissioner, and the decision of such
Commissioner, or of the Deputy Commissioner if no such appeal has been so preferred, shall be final.
**11. Scheme for settlement of debts.—When the amount due in respect of the debts and liabilities**
mentioned in section eight has been finally determined, the Manager shall prepare and submit to the
Commissioner a schedule of such debts and liabilities, and a scheme for the settlement thereof; and such
scheme, when approved by the Commissioner, shall be carried into effect.
**Power to return scheme for revision.—Until such approval is given, the Commissioner may, as often**
as he thinks fit, send back such scheme to the Manager for revision, and direct him to make such further
inquiry as may be requisite for the proper preparation of the scheme.
**12. Restoration of owner to his property.—When all such debts and liabilities have been discharged,**
or if, within six months after the publication of the order mentioned in section two, the Commissioner
thinks that the provisions of this Act should not continue to apply to the case of the holder of the said
property or his heir,
-----
such holder or his heir shall be restored to the possession and enjoyment of the property, or of such part
thereof as has not been sold by the Manager under the power contained in section eighteen, but subject to
the leases and mortgages (if any) granted and made by the Manager under the powers hereinafter contained.
**Restoration to be notified.** **Revival of barred proceedings and debts. Reinstatement of**
**mortgagees.—Where the holder of the property or his heir is so restored under the circumstances**
mentioned in the second clause of this section, such restoration shall be notified in the Calcutta Gazette, and
thereupon the proceedings, processes, executions, any attachments mentioned in section three (so far as
they relate to debts and liabilities which the Manager has not paid off or compromised), and the debts and
liabilities barred by section seven, shall be revived; and any mortgagee or conditional vendee dispossessed
under section sixteen shall be reinstated, unless his claim under the mortgage or conditional sale has been
satisfied;
**Period of limitation as to revived proceedings and debts.—and in calculating the periods of**
limitation applicable to such revived proceedings, and to suits to recover and enforce such revived debts
and liabilities, the time intervening between such restoration and the publication of the order mentioned in
section two, shall be excluded.
V.—POWERS OF MANAGER.
**13. Power to call for further particulars. —The manager may, from time to time, call for further and**
more detailed particulars of any claim preferred before him under this Act, and may at his discretion refuse
to proceed with the investigation of the claim until such particulars are supplied.
**14. Power to summon witnesses and compel production of documents.—For the purposes of this**
Act, the Manager may summon and enforce the attendance of witnesses and compel them to give evidence,
and compel the production of documents by the same means, and, as far as possible, in the same manner,
as is provided in the case of a Civil Court by the Code of Civil Procedure.
**15. Investigation to be deemed judicial proceeding.—Every investigation conducted by the Manager**
with reference to any claim preferred before him under this Act, or to any matter connected with any such
claim, shall be taken to be a judicial proceeding within the meaning of the Indian Penal Code.
**Statements of persons examined to be evidence.—And every statement made by any person**
examined by or before the Manager with reference to such investigation, whether upon oath or otherwise,
shall be taken to be evidence within the meaning of the same Code.
**16. Manager to have powers of holder of estate.—The Manager shall have, for the purpose of**
realizing and recovering the rents and profits of the said immovable property, the same powers as the holder
of the property would have had for such purpose if this Act had not been passed.
**Power to remove mortgagee or conditional vendee in possession.—And if such property, or any part**
thereof, be in the possession of any mortgagee or conditional vendee, the Manager may apply to the Court
of the Deputy Commissioner within whose jurisdiction the property is situate, and such Court shall cause
the same to be delivered to the Manager as if a decree therefor had been made in his favour, but without
prejudice to the mortgagee or vendee preferring his claim under the provisions hereinbefore contained.
**17. Power to lease.—Subject to the rules made under Section 19, the Manager shall have power to**
demise all or any part of the property under his management for any term of years not exceeding twenty
years absolute, to take effect in possession in consideration of any fine or fines, or without fine and reserving
such rents and under such conditions as may be agreed upon.
**18. Power to raise money by mortgage or sale.—The Manager,** with the previous assent of the
Commissioner, shall have power to raise any money which may be required for the settlement of the debts
and liabilities (other than as aforesaid) to which the holder of the property is subject, or with which such
property or any part thereof is charged,
-----
by demising by way of mortgage the whole or any part of such property for a term not exceeding twenty
years from the said publication,
or by selling, with the previous consent of the holder of the property and of the person (being of full
age) who would be his heir if he died intestate, by public auction or by private contract, and upon such
terms as the Manager thinks fit, such portion of the same property as may appear expedient.
And no mortgagee advancing money upon any mortgage made under this section, shall be bound to see
that such money is wanted, or that no more than is wanted is raised.
**Manager’s receipts.—And the receipt of the Manager for any monies paid to him as such, shall**
discharge the person paying the same therefrom and from being concerned to see to the application thereof.
The power to mortgage conferred by this section shall not be exercisable until six months have elapsed
from the publication of the order mentioned in section two.
VI.—MISCELLANEOUS.
**19. Power to make rules.—The Lieutenant-Governor of Bengal may, from time to time, make rules**
consistent with this Act to regulate the following matter:—
(a) the security to be required from subordinate officers under this Act,
(b) the notices to be given under this Act and the publication of such notices,
(c) the procedure to be followed in determining under section eight the debts and liabilities due to
creditors and other persons, and in performing the other duties imposed on any officer by this Act,
(d) the allowance of interest on each of the principal debts and liabilities so determined, from the
date on which it was incurred down to the date of the determination, and on the aggregate amount of
such debts and liabilities from the date of the determination down to the date of payment,
(e) the order of paying debts and liabilities so determined;
and generally for the guidance of officers in all matters connected with the enforcement of this Act.
Such rules, when approved by the Governor General in Council and published in the Calcutta
_Gazette, shall have the force of law._
**20. Power to appoint new Managers.—Whenever the Commissioner thinks fit, he may appoint any**
officer to be a Manager instead of any Manager appointed under this Act; and thereupon the property then
vested under this Act in the former Manager shall become vested in the new Manager.
Every such new Manager shall have the same powers as if he had been originally appointed.
**21. Managers to be public servants.—Every Manager appointed under this Act shall be deemed a**
public servant within the meaning of the Indian Penal Code.
**22. Bar of suits.—No suit or other proceeding shall be maintained against any person in respect of**
anything done by him bona fide pursuant to this Act.
**23. Saving of jurisdiction of Courts in Chutia Nagpur in respect of certain suits.—Nothing in this**
Act precludes the Courts in Chutia Nagpur having jurisdiction in suits relating to the succession to, or
claims of maintenance from, any immoveable property brought under the operation of this Act, from
entertaining and disposing of such suits; but to all such suits the Manager of such property shall be made a
party.
**24. Act not to affect powers conferred by Bengal Act II of 1869.—Nothing in this Act shall be**
deemed to take away or abridge any power or authority conferred by an Act passed by the LieutenantGovernor of Bengal in Council, entitled “An Act to ascertain, regulate and record certain tenures in Chutia
-----
Nagpur,” on any person appointed to be a Special Commissioner thereunder, or on the Commissioner of
the division of Chutia Nagpur.
-----
|
28-Mar-1876 | 10 | The Bombay Revenue Jurisdiction Act, 1876 | https://www.indiacode.nic.in/bitstream/123456789/7753/1/A1876-10.pdf | central | # THE BOMBAY REVENUE JURISDICTION ACT, 1876
_________
ARRANGEMENT OF SECTIONS
________
Preamble.
SECTIONS.
1. Short title.
Commencement.
Extent.
2. [Repealed.].
3. Interpretation-clause.
Land.
Land-revenue.
Revenue officer.
4. Bar of certain suits.
Proviso.
5. Saving of certain suits.
6. Bar of certain suits against Revenue officers.
7. Punishment or prosecution of Revenue officers not a bar to civil remedies.
8. [Repealed.].
9. [Repealed.].
10. [Repealed.].
11. Suits not to be entertained unless plaintiff has exhausted right of appeal.
12. Power of State Government to refer questions for decision of High Court.
13. Power of Civil Judge to refer questions of jurisdiction to High Court.
14. Composition of Bench.
15. [Repealed.].
16. Privileges of Government in suits in which it is concerned.
17. [Repealed.].
THE SCHEDULE. [Repealed.].
THE SECOND SCHEDULE.
- Subject to verification and confirmation by the Department.
-----
# THE BOMBAY REVENUE JURISDICTION ACT, 1876
ACT NO. 10 OF 1876
[28th March, 1876.]
# An Act to limit the jurisdiction of the Civil Courts throughout the Bombay Presidency in matters
relating to the Land-revenue, and for other purposes.
**Preamble:—WHEREAS in certain parts of the Presidency of Bombay, the jurisdiction of the Civil**
Courts in matters connected with the land-revenue is more extensive than it is in the rest of the said
Presidency;
And whereas it is expedient that the jurisdiction of all the Civil Courts in the said Presidency should
be limited in manner hereinafter appearing;
And whereas it is also expedient to amend the Bombay Civil Courts Act, section thirty-two, and to
revive certain provisions of the thirteenth section of Regulation 17 of 1827 of the Bombay Code, which
was repealed by the Land Improvement Act, 1871 (26 of 1871), [1]***;
It is hereby enacted as follows:—
**1. Short title.—This Act may be called “The Bombay Revenue Jurisdiction Act, 1876”:**
**Commencement.—So much of section four as relates to claims to set aside, on the ground of**
irregularity, mistake or any other ground except fraud, sales for arrears of land-revenue, shall come into
force on such day as the Governor General in Council directs in that behalf by notification in the Gazette
_of India. The rest of this Act shall come into force on the passing thereof:_
**Extent.—And it shall extend to all [2][the [3][State of Maharashtra]], but not so as to affect—**
(a) any suit regarding the assessment of revenue on land situate in [4][the City of Bombay], or the
collection of such revenue;
(b) any of the provisions of Bombay Acts 5 of 1862 and 6 of 1862, or of [5][Act 21 of 1881] or of
Act 23 of 1871;
6* - - -
**2. Repeal of enactments.—Rep. by Repealing and Amending Act, 1891 (12 of 1891).**
**3. Interpretation-clause.—In this Act, unless there be something repugnant in the subject or**
context,—
**Land.—“Land” includes the sites of villages, towns and cities: it also includes trees, growing crops**
and grass, fruit upon, and juice in, trees, rights-of-way, ferries, fisheries, and all other benefits to arise out
of land, and things attached to the earth, or permanently fastened to things attached to the earth:
**Land-Revenue.—“Land-revenue” means all sums and payments, in money or in kind, received or**
claimable by or on behalf [7] [of the [8] [Government]] from any person on account of any land
held [9][by [10][State] Government] under the provisions of any law for the time being in force:
- Subject to verification and confirmation by the Department.
1. Rep. by Act 4 of 1894, the First Schedule, Part 3 (w.e.f. 23-2-1894).
2. Subs. by the A.O. 1950, for “all the territories under the Government of the Governor of Bombay in Council”.
3. Subs. by the A.O. 1960, for “State of Bombay”.
4. Subs. by, s. 9 of the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom.
Act 17 of 1945), Schedule E. read with Bom. Act 52 of 1947, s. 2 proviso, for “the Collectorate of Bombay”.
5. Rep. by Act 12 of 1891, the Second Schedule Part 1.
6. Rep. by Act 16 of 1895, the First Schedule (w.e.f. 10-10-1895).
7. Subs. by the Adaptation of Indian Laws Order in Council, for “of the Crown”.
8. Subs. by A.O. 1950, for “Crown”.
9. Subs. by A.O. in Council, for “by the Provincial Government”.
10. Subs. by the Adaptation of Laws Order, 1950, for “Provincial”.
-----
**Revenue-officer.—“Revenue officer” means any officer employed in or about the business of the**
land-revenue, or of the surveys, assessment, accounts or records connected therewith.
**4. Bar of certain suits.—Subject to the exceptions hereinafter appearing, no Civil Court shall**
exercise jurisdiction as to any of the following matters:—
(a) [1][claims against the [2][Government] relating to any property appertaining to the office of any
hereditary officer appointed or recognized under Bombay Act No. 3 of 1874, or any other law for the
time being in force, or of any other village-officer or servant, or
claims to perform the duties of any such officer or servant, or in respect of any injury caused by
exclusion from such office or service, or
suits to set aside or avoid any order under the same Act or any other law relating to the same
subject for the time being in force passed [3][by the [4][State] Government] or any officer duly authorized
in that behalf, or
claims against Government relating to lands held under treaty, or to lands granted or held as
saranjam, or on other political tenure, or to lands declared by Government or any officer duly
authorized in that behalf to be held for service;
(b) objections—
to the amount or incidence of any assessment of land-revenue authorized [3][by the [4][State]
Government], or
to the mode of assessment, or to the principle on which such assessment is fixed, or
to the validity or effect of the notification of survey or settlement, or of any notification
determining the period of settlement;
(c) claims connected with or arising out of any proceedings for the realization of land-revenue or
the rendering of assistance [3][by the [4][State] Government] or any officer duly authorized in that behalf
to superior holders or occupants for the recovery of their dues from inferior holders or tenants;
claims to set aside on account of irregularity, mistake, or any other ground except fraud, sales for
arrears of land-revenue;
(d) claims against [2][Government]—
(1) to be entered in the revenue survey or settlement records or village papers as liable for the
land-revenue, or as superior holder, inferior holder, occupant or tenant, or
(2) to have any entry made in any record of a revenue survey or settlement, or
(3) to have any such entry either omitted or amended;
(e) the distribution of land or allotment of laud-revenue on partition of any estate under Bombay
Act 4 of 1868, or any other law for the time being in force;
(f) [1][claims against [2][Government]]—
to hold land wholly or partially free from payment of land-revenue, or
to receive payments charged on or payable out of the land-revenue, or
to set aside any cess or rate authorized [3][by the [4][State] Government] under the provisions of
any law for the time being in force, or
respecting, the occupation of waste or vacant land belonging [5][to the [2][Government]];
1. Subs. by the Adaptation of Indian Laws Order in Council, for “claims against the Crown”.
2. Subs. by the A.O. 1950, for “Crown”.
3. Subs. by the Adaptation of Indian Laws Order in Council, for “by the Provincial Government”.
4. Subs. by the A. O. 1950, for “Provincial”.
5. Subs. by the Adaptation of Indian Laws Order in Council for “to the Crown”.
-----
(g) claims regarding boundaries fixed under Bombay Act No. 1 of 1865, or any other law for the
time being in force, or to set aside any order passed by a competent officer under any such law with
regard to boundary-marks:
**Proviso.—Provided that if any person claim to hold land wholly or partially exempt from**
payment of land-revenue under—
(h) any enactment for the time being in force expressly creating an exemption not before existing
in favour of an individual or of any class of persons, or expressly confirming such an exemption on
the ground of its being shown in a public record, or of its having existed for a specified term of
years, or
(i) an instrument or sanad given by or by order of the [1][ [2][State] Government] under Bombay Act
No. 2 of 1863, section one, clause first, or Bombay Act No. 7 of 1863, section two, clause first, or
(j) any other written grant by the British Government expressly creating or confirming such
exemption, or
(k) a judgment by a Court of law, or an adjudication duly passed by a competent officer under
Bombay Regulation 17 of 1827, chapter X, or under Act No. 11 of 1852, which declares the
particular property in dispute to be exempt;
such claim shall be cognizable in the Civil Courts.
_Illustrations to (h)._
(1). It is enacted that, in the event of the proprietary right in lands, the property of Government, being
transferred to individuals, they shall be permitted to hold the lands for ever at the assessment at which they are
transferred. The proprietary right in certain lands is transferred to A at an assessment of Rs. 100. An exemption from
higher assessment not before existing is expressly created in favour of A by enactment, and he may seek relief in the
Civil Court against over-assessment.
(2). It is enacted that when a specific limit to assessment has been established and preserved, the assessment
shall not exceed such specific limit. A is the owner of land worth Rs. 100 for assessment. He claims to be assessed
at Rs. 50 only on the strength of a course of dealing with him and his predecessors under which his land has not
been more highly assessed. There is no exemption not before existing created by enactment, and A’s claim is not
cognizable in a Civil Court.
(3). It is enacted that land-revenue shall not be leviable from any land held and entered in the land-registers as
exempt. A claims to hold certain land as exempt on the ground that it has been so held by him, and is so entered in
the land-register. This is an exemption expressly confirmed by enactment on the ground of its being shown in a
public record, and A’s claim is cognizable in a Civil Court.
(4). It is enacted that the Collector shall confirm existing exemptions of all lands shown in certain maps to be
exempt. A claims exemption alleging that his land is shown in the maps to be exempt. A's claim is cognizable in a
Civil Court.
(5). It is enacted that assessment shall be fixed with reference to certain considerations, and not with reference
to others. This is not an enactment creating an exemption in favour of any individual or class, and no objection to an
assessment under such an enactment is cognizable in a Civil Court.
**5. Saving of certain suits.—Nothing in section four shall be held to prevent the Civil Courts from**
entertaining the following suits:—
(a) suits [3][against the [4][Government]] to contest the amount claimed, or paid under protest, or
recovered, as land-revenue on the ground that such amount is in excess of the amount authorized in
that behalf [5][by the [2][State] Government], or that such amount had previous to such claim, payment,
or recovery been satisfied, in whole or in part, or that the plaintiff, or the person whom he represents,
is not the person liable for such amount;
1. Subs. by the Adaptation of Indian Laws order in Council, for “Provincial Government”.
2. Subs. by A.O., 1950, for “Provincial”
3. Subs. by the Adaptation of Indian Laws Order in Council, for “against the Crown”.
4. Subs. by A.O., 1950, for “Crown”.
5. Subs. by the Adaptation of Indian Laws Order in Council, for “by the Provincial Government”.
-----
(b) suits between private parties for the purpose of establishing any private right, although it may
be affected by any entry in any record of a revenue survey or settlement or in any village papers;
(c) suits between superior holders or occupants and inferior holders or tenants regarding the dues
claimed or recovered from the latter;
and nothing in section four, clause (g) shall be held to prevent the Civil Courts from entertaining
suits, other than suits [1][against the [2][Government]], for possession of any land being a whole survey
number or a recognized share of a survey number.
3[and nothing in section four shall be held to prevent the Civil Courts in the Districts mentioned
in the second schedule hereto annexed from exercising such jurisdiction as, according to the terms of
any law in force on the twenty-eighth day of March 1876, they could have exercised over claims
1[against the 2[Government]]—
(a) relating to any property appertaining to the office of any hereditary officer appointed or
recognized under Bombay Act No. 3 of 1874, or any other law for the time being in force, or of any
other village-officer or servant;
(b) to hold land wholly or partially free from payment of land-revenue;
(c) to receive payments charged on, or payable out of, the land-revenue.]
**6. Bar of certain suits against Revenue officers.—Revenue officers shall not be liable to be sued for**
damages in any Civil Court for any act _bona fide_ done, or ordered to be done, by them as such in
pursuance of the provisions of any law for the time being in force.
If any Revenue officer absconds or does not attend when called on by his official superior, and if the
Collector of the District proceeds against him or his sureties for public money, papers or property
according to the provisions of any law for the time being in force, such Collector shall not be liable to pay
damages or costs in any suit brought against him by such officer or sureties, although it appears that a part
only, or no part whatever, of the sum demanded was due from the officer so absconding or failing to
attend, or that he was not in possession of the papers or property demanded of him.
**7. Punishment or prosecution of Revenue officers not a bar to civil remedies.—Nothing in any law**
for the time being in force which authorizes the punishment departmentally of any Revenue officer for
any offence or breach of duty, or which sanctions his prosecution criminally for such offence or breach,
shall be held to bar any remedy which may be had in the Civil Court against such officer.
**8.** [Officers to answer in suits against them for acts done by order of superior authority.]—Rep. by
_Bombay Revenue Jurisdiction Act, 1880 (Bom. Act 15 of 1880), s. 2._
**9. [Appeals from proceedings of Revenue officers.]—Rep. by, s. 2, ibid.**
**10. [Power to Local Government to call for record.]—Rep. by, s. 2, ibid.**
**11. Suits not to be entertained unless plaintiff has exhausted right of appeal.—No Civil Court**
shall entertain any suit [1][against the [2][Government]] on account of any act or omission of any
Revenue-officer unless the plaintiff first proves that, previously to bringing his suit, he has presented all
such appeals allowed by the law for the time being in force, as within the period of limitation allowed for
bringing such suit, it was possible to present.
**12. Power of [4][State] Government to refer questions for the decision of the High Court.—If in**
the trial or investigation of any suit, claim or objection, which, but for the passing of this Act, might have
been tried or investigated by a Civil Court, there arises any question on which [5]*** the [6][ [4][State]
Government] desires to have the decision of the High Court, [5]*** the [6][ [4][State] Government] [7]*** may
cause a statement of the question to be prepared, and may refer such question for the decision of the High
Court [8]***.
1. Subs. by the Adaptation of Indian Laws Order in Council for “against the Crown”.
2. Subs. by A. O. 1950, for “Crown”.
3. Added by Act 16 of 1877, s. 1 (w.e.f. 9-8-1877).
4. Subs. by A. O. 1950, for “Provincial”
5. The words “the Governor General in Council or” omitted by the Adaptation of Indian Laws Order in Council.
6. Subs. by ibid., for “Provincial Government”.
7. The words “as the case may be” were omitted by ibid.
8. The words “of Judicature at Bombay” were omitted by the Adaptation of Laws (No. 2) Order, 1956.
-----
The said High Court shall fix an early day for the hearing of the question referred, and cause notice of
such day to be placed in the Court-house.
The parties to the case may appear and be heard in the High Court in person or by their advocates or
pleaders.
The High Court, when it has heard and considered the case, shall send a copy of its decision, with the
reasons therefor, under the seal of the Court, to the Government by which the reference was made, and
subject to any appeal which may be presented to [1][the Supreme Court], the case shall be disposed of conformably to such decision.
If the High Court considers that any such statement is imperfectly framed, the High Court may return
it for amendment.
The costs (if any) consequent on any such reference shall be dealt with as the High Court in each case
directs.
**13. Power of Civil Judge to refer questions of jurisdiction to High Court.—If in any suit**
instituted, or in any appeal presented, in a Civil Court, the Judge doubts whether he is precluded by this
Act from taking cognizance of the suit or appeal, he may refer the matter to the High Court.
The High Court may order the Judge making the reference either to proceed with the case or to return
the plaint.
The order of [1][the Supreme Court] on any such reference shall be subject to appeal to Her Majesty in
Council, and save as aforesaid, shall be final.
**14. Composition of Bench.—Every reference under section twelve or section thirteen shall be heard**
by a Bench consisting of such number of Judges not less than three, as the Chief Justice from time to time
directs.
**15.** [Amendment of section 32 of Bombay Civil Courts Act].—Rep. by the Repealing and Amending
_Act, 1876, s. 2 and the Schedule (w.e.f. 26-2-1938)._
**16. Privileges of [2][Government] [3]*** in suits in which it is concerned.—Whenever any suit is**
brought in any District Court [4][against the [2][Government]] [3]***
or against any Revenue officer, [5][and the [2][Government] [3]*** undertakes] the defence thereof,
it shall be lawful [6][for the [7][State] Government], by certificate signed by a Secretary thereto, to
require—
(a) that such suit shall be tried by the District Judge himself, and shall not be transferred for trial to
an Assistant Judge; and
(b) that the trial of any such suit shall have precedence over the trial of any other suit or other civil
proceeding then pending in such Court;
and the Court shall give effect to every such requirement.
The privilege conferred [8][on Government] by the clause (b) of this section shall, _mutatis mutandis,_
apply to any appeal or special appeal against any decree in any such suit as is described in this section.
1. Subs. by the Adaptation of Laws Order, 1950, for “Her Majesty in Council”.
2. Subs. by ibid., for “Crown”.
3. The words “or the Federal Railway Authority” were omitted by the Indian Independence (Adaptation of Central Acts and
Ordinances) Order, 1948.
4. Subs. by A. O. in Council, for “against the Crown or the Federal Railway Authority”.
5. Subs. by ibid., for “and the Crown or the Federal Railway Authority undertakes”.
6. Subs. by ibid., for “for the Provincial Government”.
7. Subs. by the Adaptation of Laws Order, 1950, for “Provincial”.
8. Subs. by ibid., for “on the Provincial Government”.
-----
**17. [Revival of Bombay Regulation 17 of 1827, section 13.]—Rep. by Bombay Revenue Jurisdiction**
_Act, 1880 (Bom. Act 15 of 1880) but the repeal does not operate in any scheduled district unless and until_
_the Bombay Land-revenue Code (Bom. 5 of 1879) has been extended to such District._
[Operation of same Regulation in sites of villages and towns.]—Rep. by Bombay Revenue
_Jurisdiction Act, 1880 (Bom. Act 15 of 1880), s. 2._
[Recovery of certain advances made by Local Government.]—Rep. by ibid.
-----
**SCHEDULE. Rep. by the Repealing and Amending Act, 1891 (12 of 1891).**
-----
1[THE SECOND SCHEDULE.
The District of Ahmedabad.
The District of Kaira, exclusive of the PanchMahals.
The District of Broach.
The District of Surat, exclusive of the lapsed State of Mandvi, as described in the schedule annexed to
2Act 10 of 1848.
The District of Tanna.
The District of Colaba, exclusive of the lapsed State of Colaba mentioned in [2]Act 8 of 1853.
The District of Ratnagiri.
The District of Kanara.]
__________
1. Added by Act 16 of 1877, s. 2 (w.e.f. 9-8-1877).
2. Act 10 of 1848 and 8 of 1853 were repealed by the repealing and Amending Act, 1891 (12 of 1891).
-----
|
10-Oct-1876 | 18 | The Oudh Laws Act, 1876 | https://www.indiacode.nic.in/bitstream/123456789/19217/1/A1876-18.pdf | central | THE OUDH LAWS ACT, 1876
———
ARRANGEMENT OF SECTIONS
————
# PREAMBLE.
PART I
PRELIMINARY
SECTIONS.
1. Short title.
Local extent.
Commencement.
2. [Repealed.].
PART II
GENERAL LAWS TO BE ADMINISTERED IN OUDH
3. Statutory law to be administered in Oudh.
4. Validity of local customs and mercantile usages.
PART III
CHAPTER I
DOWER AMONG MUHAMMADANS
5. Muhammadan dower contracts how to be enforced Rule applicable after husband's
death.
CHAPTER II
PRE-EMPTION
6. Right of pre-emption.
7. as to its existence.
8. Its existence in towns to be proved.
9. Devolution of right when property to be sold or foreclosed is a proprietary or under
proprietary tenure
9A. When a suit for pre-emption lies.
10. Notice to pre-emptors.
11. Loss of right of pre-emption.
12. Right of pre-emptor on foreclosure.
13. Suit to enforce right of pre-emption.
14. Decree to fix time for payment.
15. Effect of non-payment of purchase-money.
1
-----
CHAPTER III
PROCEDURE OF THE COURTS
16. Rule of limitation.
17. [Repealed.]
18. [Repealed.]
19. Rules for taking evidence.
20. Execution-sale of ancestral and acquired property in land.
21. [Repealed.]
22. Service of process within jurisdiction of Luck Court.
23. [Repealed.]
24. [Repealed.]
25. [Repealed.]
26. Revenue-agents authorized to appear, etc., in rent-suits.
27. Power to make rules for custody and sale of a property.
28. [Repealed.]
CHAPTER IV
VILLAGE AND ROAD-POLICE
29. Right to nominate village-policemen.
30. Obligation to nominate.
31. Discretion to appoint or reject nominee.
32. Power to Government to appoint. Procedure in case of rejection of nominee.
33. Appointment of road-police.
34. Duties of village and road-policemen.
35. Procedure on arrest by village or road-policeman
36. Dismissal of village or road-policeman.
37. Acts punishable. Penalty.
38. Fines to be credited to such fund as Government appoints.
CHAPTER V
SUBSIDIARY RULES
39. Power to make rules
40. Publication of rules.
41. [Repealed.]
42. Penalty for breach of rules.
CHAPTER VI
MISCELLANEOUS
_Honorary Civil Jurisdiction_
43. [Repealed.]
_Honorary police-officers_
44. Honorary police-officers.
_Creation and alteration of districts and sub-divisions_
45. [Repealed.]
THE FIRST SCHEDULE—[Repealed.]
THE SECOND SCHEDULE.
2
-----
THE OUDH LAWS ACT, 1876
ACT NO. 18 OF 1876
An Act to declare and amend the laws to be administered in Oudh.
[10th October, 1876.]
**Preamble.—WHEREAS it is expedient to declare and amend the laws to be administered in**
Oudh; It is hereby enacted as follows:—
PART I
PRELIMINRY
**1. Short title.—This Act may be called the Oudh Laws Act, 1876.**
**Local extent.— It extends only to [1* * *] Oudh ;**
**Commencement.—and it shall come into force on the passing thereof.**
**2. [Repeal of enactments.]—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.**
PART II
GENERAL LAWS TO BE ADMINISTERED IN OUDH
**[2]3. Statutory law to be administered in Oudh.—The law to be administered by the Courts of**
Oudh shall be as follows:
(a) The laws for the time being in force regulating the assessment and collection of land-revenue.
(b) In questions regarding succession, special property of female betrothal, marriage, divorce,
dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, gifts, partitions
or any religious usage or institution, the rule of decision shall be—
(l) any custom applicable to the parties concerned which is not contrary to justice equity or
good conscience, and has not been, by this or any other enactment, altered or abolished, and has
not been declared to be void by any competent authority;
(2) the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law
in cases where the parties are Hindus, except in so far as such law has been, by this or any other
enactment, altered or abolished, or has been modified by any such custom as is above referred
to:
(c) the rules contained in this Act:
(d) the rules published in the Official Gazette as provided by section 40, or made under any
other Act for the time being in force in Oudh:
(e) the Regulations and Acts specified in the second schedule hereto annexed, subject to the
provisions of section 4, and to the modifications mentioned in the third column of the same schedule:
(f) subject to the modifications hereinafter mentioned, all enactments for the time being in force
1. The words “the territories for the time being administered by the Chief Commissioner of” rep. by the A.O. 1937.
2. The provisions of this section have been rep. in so far as they are inconsistent with the Muslim Personal Law (Shariat)
Application Act, 1937 (26 of 1937); see s. 6 of that Act.
3
-----
and expressly, or by necessary implication, applying to [1][the territories which, immediately before
the 1st November, 1956, were comprised in Part A States and Part C States] or Oudh, or some part
of Oudh:
(g) In cases not provided for by the former part of this section, or by any other law for the time
being in force, the Courts shall act according to justice, equity and good conscience.
**4. Validity of local customs and mercantile usage.—All local customs and mercantile usages**
shall be regarded as valid, unless they are contrary to justice, equity or good conscience, or have, before
the passing of this Act, been declared to be void by and competent authority.
PART III
CHAPTER I
DOWER AMONG MUHAMMADANS
**5. Muhammadan dower contracts how to be enforced.—Where the amount of dower stipulated**
for in any contract of dower by a Muhammadan is excessive with reference to the means of the
husband, the entire sum provided in the contract shall not be awarded in any suit by decree in favour
of the plaintiff, or by allowing it by way of set-off, lien or otherwise to the defendant; but the amount
of the dower to be allowed by the Court shall be reasonable with reference to the means of the husband
and the status of the wife.
**Rule applicable after husband’s death.—This rule shall be applicable whether the suit to enforce**
the contract be brought in the husband's life time or after his death.
CHAPTER II
PRE-EMPTON
**6. Right of pre-emption.—The right of pre-emption is a right of the persons hereinafter in**
mentioned or referred to, to acquire, in the cases hereinafter specified, immovable property in preference
to all other persons.
**7. Presumption as to its existence.—Unless the existence of any custom or contract to the contrary**
is proved, such right shall, whether recorded in the settlement-record or not, be presumed—
(a) to exist in all village-communities, however constituted, and whether proprietary or
under-proprietary, and in the cases referred to in section 40 of the Oudh Land-revenue Act,
2(17 of 1876), and
(b) to extend to the village-site, to the houses built upon it, to all lands and shares of lands within
the village-boundary, and to all transferable rights affecting such lands.
**8. Its existence in towns to be proved.—The right of pre-emption shall not be presumed to exist in**
any town or city, or any sub-division thereof, but may be whom to exist therein and to be exercisable
therein by such persons and under such circumstances as the local custom prescribes.
1. Subs. by the Adaptation of Laws (No.2) Order, 1956, for “Part A States and Part C States”.
2. See now the U.P. Land Revenue Act, 1901 (U.P. 3 of 1901).
4
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**9. Devolution of right when property to property to be sold or foreclosed is a proprietary or**
**under proprietary tenure.—If the property to be sold or foreclosed is a proprietary or under-**
proprietary tenure, or a share of such a tenure, the right to buy or redeem such property belongs, in the
absence of a custom to the contrary, —
_1st,_ to co-sharers of the sub-division (if any) of the tenure in which the property is
comprised, in order of their relationship to the vendor or mortgagor;
_2ndly, to co-sharers of the whole mahal in the same order;_
_3rdly, to any member of the village-community; and_
_4thly, if the property be an under-proprietary tenure, to the proprietor._
Where two or more persons are equally entitled to such right, the person to exercise the same shall
be determined by lot.
**1[9A. When a suit for pre-emption lies.—No suit shall lie for enforcing a right of pre-emption**
under this Act in respect of a portion only of the property sold or foreclosed:
Provided that, where the plaintiff has a right of pre-emption in respect of only a portion of the
property sold or foreclosed, then notwithstanding anything to the contrary contained in any enactment a
suit for the pre-emption of that portion only shall lie and the plaintiff shall have to pay the proportionate
price or the proportionate amount due in respect of such mortgage for such portion of the property, as
the case may be.]
**10. Notice to pre-emptors.—When any person proposes to sell any property, or when he forecloses**
a mortgage upon any property, in respect of which any persons have a right of pre-emption, he shall give
notice to the persons concerned of the price at which he is willing to sell such property, or of the amount
due in respect of such mortgage, as the case may be:
[2][Provided that, where a person has a right of pre-emption in respect of a portion only of the property
proposed to be sold or foreclosed, the notice to such person shall specify the proportionate amount of
the price or the proportionate amount due in respect of such mortgage at which the person proposing to
sell or foreclose is willing to sell or redeem such portion of the property, as the case may be.]
Such notice shall be given through the Court within the local limits of whose jurisdiction the property
or any part thereof is situate, and shall be deemed sufficiently given if it be stuck up on the chaupal or
other public place of the village or city in which the property is situate.
**11. Loss of right of pre-emption.—Any person having a right of pre-emption in respect of any**
property proposed to be sold shall lose such right, unless within three months from the date of such
notice he or his agent pays or tenders the price [3][specified in the notice given under the preceding section]
to the person so proposing to sell.
**12. Right of preemptor on foreclosure.—When the right of pre-emption arises in respect of the**
foreclosure of a mortgage [4][or a portion of the mortgage], any person entitled to such right may, at any
time within three months after the giving of the notice required by section 10, pay or tender to the
1. Ins. by U.P. Act 15 of 1939, s. 2.
2. Ins. by s. 3, ibid.
3. Subs. by s. 4, ibid., for “aforesaid”.
4. Ins. by s. 5, ibid.
5
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mortgagee or his successor in title the amount specified in such notice, and shall thereupon acquire a
right to purchase the property, [1][or a portion thereof, as the case may be].
On completion of the purchase the person exercising the right of re-emption shall be bound to pay
to the mortgagee or his successor in title the amount specified in such notice, together with interest on
the principal sum secured by the mortgage [1][or the proportionate amount of such principal sum in respect
of the portion of the property in which he possesses the right of pre-emption, as the case may be], at the
rate specified by the instrument of mortgage, for any time which has elapsed since the date of the notice,
and any additional costs which may have been properly incurred by the mortgagee or his successor in
title.
**13. Suit to enforce right of pre-emption.—Any person entitled to a right of pre-emption may**
bring a suit to enforce such right on any of the following grounds (namely) : —
(a) that no due notice was given as required by section 10;
(b) that tender was made under section 11 or section 12 and refused;
(c) in the case of a sale, that the price stated in the notice was not fixed in good faith;
(d) in the case of a mortgage, that the amount claimed by the mortgagee was not really due on
the footing of the mortgage and was not claimed in good faith, and that it exceeds the fair
market-value of the property mortgaged, [2][or the portion of the property mortgaged in respect of
which he possesses the right of pre-emption, as the case may be].
If, in the case of a sale, the Court finds that the price was not fixed in good faith, the «ours shall fix
such price as appears to it to be the fair market-value of the property sold, [2][or the portion of the property
sold in respect of which he possesses the right of pre-emption, as the case may be].
If, in the case of a mortgage, the Court finds that the amount claimed by the mortgagee was not
really due on the footing of the mortgage, and that it was not claimed in good faith and that it exceeds
the fair market-value of the property mortgaged [2][or the portion of the property mortgaged in respect of
which he possesses the right of pre-emption, as the case may be], the amount to be paid to the mortgagee
shall not exceed what the Court finds to be such market-value.
**14. Decree to fix time for payment.—If the Court find for the plaintiff, the decree shall specify a**
day on or before which the purchase-money or the amount to be paid to the mortgagee shall be paid.
**15. Effect of non-payment of purchase-money.—If such purchase-money or amount is not paid**
into Court before it rises on that day, the decree shall become void, and the plaintiff shall, so far only as
relates to such sale or mortgage, lose his right of pre-emption over the property to which the decree
relates.
1. Ins. by U.P. Act 15 of 1939, s. 5.
2. Ins. by s. 6, ibid.
6
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CHAPTER III
PROCEDURE OF THE COURTS
**16. Rule of limitation.—The Judicial Commissioner's Circular No.104 of July, 1860, shall be held**
to have been a notification within the meaning of section 24 of Act 14 of 1859,[1] and such Act shall be
deemed to have been in force in Oudh from the fourth day of July, 1862; and all orders and decrees
passed under the rules contained in the said Circular or under the said Act, shall be deemed to have been
passed under a law m force for the time being.
Nothing in this section affects the provisions of sections 109, 104, 105, 106, 107 and 108 of the
Oudh Rent Act (XIX of 1868)[2] with regard to the limitation of suits under that Act.
**17.** [Act 32 of 1871, s. 28, to cease in any district from date of notification that it is no longer
_under settlement].—Rep. by the Repealing and Amending Act, 1891 (12 of 1891)._
**18. [Recognized agents.]—Rep. by the Repealing and Amending Act, 1891 (12 of 1891).**
**19. Rules of taking evidence.—[3]Section 172 of Act No.8of 1859 is hereby repealed, so far as the**
province of Oudh is concerned, and the following section is substituted therefore:—
“On the day appointed for the hearing of the suit, or on some other day to which the hearing may be
adjourned, the evidence of the witnesses in attendance shall be taken orally in open Court in the presence
and hearing and under the personal direction and superintendence of the Judge.
“A note of the essential points of the evidence of each witness is to be taken at the time, and in the
course of oral examination, by the officer who tries the case, in his own language, or in English if he is
sufficiently acquainted with that language, and such note shall be filed, and shall form part of the record
of the case.
“If the evidence be taken down in a different language from that in which it has been given, and the
witness does not understand the language in which it is taken down, the witness may require his
deposition as taken down to be interpreted to him in the language in which it was given.
“It shall be in the discretion of the Court to take down, or cause to be taken down, any particular
question and answer, if there appear any special reason for so doing, or any party or his pleader requires
it.
“If any question put to a witness be objected to by either of the parties or their pleaders, and the
Court allow the same to be put, the question and the answer shall be taken down, and the objection and
the name of the party making it shall be noticed in taking down the depositions, together with the
decision of the Court upon the objection.
“The Court shall record such remarks as it may think material respecting the demeanour of the
witness while under examination.
4[“The note as above required may be written and signed by the Judge with his own hand or typed
to his dictation in open Court and signed by him within his own hand, and such note shall form part of
the record.”]
1. See now the Limitation Act, 1908 (9 of 1908).
2. Act 19 of 1868 was rep. by the Oudh Rent Act, 1886 (22 of 1886), s. 2. Act 22 of 1886 has been rep.
By the U.P. Tenancy Act, 1939 (U.P. 17 of 1939).
3. See now ss. 181 to 190, both inclusive, of the Code of Civil Procedure, 1908 (5 of 1908).
4. Subs. by U.P. Act 24 of 1954, s. 2 and Sch., for the former paragraph.
7
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1[20. Execution-sale of ancestral and acquired property in land.—So much of section 60 of the
Code of Civil Procedure, 1908, (5 of 1908) as renders land liable to sale in execution of a decree shall
be subject to the following restriction:—No ancestral land shall be sold in satisfaction of a decree without
the permission of the State Government.
_Explanation.—In this section the words “ ancestral land “ mean —_
(a) land forming a mahal or share in or portion of a mahal, which has been owned continuously
from the conclusion of the first regular settlement by the proprietor, which term shall include an
under-proprietor as defined in section 4, clause (15), of the United Provinces Land-revenue Act,
1901, (U.P.3 of 1901) or by the person or persons from whom such proprietor has directly or
indirectly inherited such land;
(b) land forming an estate or part of an estate as defined in the Oudh Estates Act, 1869
(1 of 1869);
(c) land conferred by the British Government as a reward for services rendered to the State on
the owner or on a person from whom such owner has directly or directly inherited such land; or
(d) the interest of the holder of a grant of land revenue conferred by the British or any former
Government on him or on a person from whom he has directly or indirectly inherited such interest.]
**21. [Appointment of manager of land attached.]—Rep. by the Oudh Civil Courts Act, 1879 (13**
_of 1879)._
**22. Service of process within jurisdiction of Lucknow civil court.—Notwithstanding anything**
contained in the said Code, any Civil Court sitting within the local limits of the jurisdiction of the on
Lucknow Civil Court, but exercising jurisdiction beyond such limits, may cause summonses, warrants,
notices and other processes to be served within the local limits of the jurisdiction of the Lucknow Civil
Court without causing the same processes to be served through such Court.
**23. [Section substituted for Act 19 of 1868, s. 109.] —** _Rep. by the Oudh Rent Act, 1886 (22 of 1886)._
**24. [Section substituted for Act 19 of 1868, section 118.]—Rep. by the Oudh Rent Act, 1886 (22 of**
1886).
**25.** [Right of occupancy in judgment-debtor's sir-land.]—Rep. by the Oudh Rent Act, 1886,
_Amendment Act, 1901 (U.P. 4 of 1901)._
**26. Revenue-agents authorized to appear, etc., in rent-suits.—Notwithstanding anything**
contained in Act No. XX of 1865[2], all persons duly admitted and enrolled as Revenue-agents under that
Act in [3]*** Oudh may appear, plead and act in suits under the Oudh Rent Act[4] (19 of 1868) in the Courts
of officers exercising the powers of Assistant Collectors, Deputy Collectors, Collectors and
Commissioners under the same Act.
1. Subs. by U.P. Act 3 of 1912, s. 2, for the original section
2. See now the Legal Practitioners Act, 1879 (18 of 1879).
3. The words “the territories for the time being under the administration of the Chief Commissioner of” Rep. by the A.O.
1937.
4. See now the U.P. Tenancy Act, 1939 (U.P. Act 17 of 1939).
8
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**27. Power to make rules for custody and sale of attached property.—With the sanction of the**
State Government, the [1][High Court] may from time to time make rules consistent with this Act and with
the Code of Civil Procedure[2] —
(a) for the custody and sale of movable property attached in execution of decrees;
(b) for the levy of a fee or commission on the sale of attached property and the disposal of the
funds accruing from such fees;
(c) as to the appointment and remuneration of persons [3][(not being persons in the service of the
Government)] by whom property is to be attached, kept in custody and sold;
(d) as to the appointment and remuneration of persons [3][(not being persons in the service of the
Government)] by whom local investigations under section 180, and investigations and adjustments
of accounts under section 181, of the Code of Civil Procedure[4] are to be made.
**28. [Power to revise decrees and orders of subordinate Courts.]—Rep. by the Oudh Civil Courts**
_Act, 1879 (13 of 1879)._
CHAPTER IV
VILLAGE AND ROAD-POLICE
**29. Right to nominate village-policemen.—The nomination to the post of village-policeman shall**
be made by the zamindar of the village, or, where there are more zamindars than one, by the lambardar
as their representative; and, where there poll are more lambardars than one, the opinion of the majority
(unless there is some special provision to the contrary in the village administration-paper) shall prevail.
**30. Obligation to nominate.—Every person authorized to nominate to the office of village-**
policeman shall, within fifteen days after the occurrence of a vacancy such office, nominate a proper
person to the vacant post, and communicate the nomination to the Magistrate of the district.
**31. Discretion to appoint or reject nominee.—The person so nominated shall, after due enquiry**
into his age, character and ability, be appointed or rejected by the State Government.
**32. Power to Government to appoint. Procedure in case of rejection of nominee.—In default of**
such nomination within the said fifteen days, the State Government shall appoint such person as it thinks
fit to the vacancy.
If the nomination has been made within the said fifteen days, but the nominee is rejected, the person
authorized to nominate shall, within fifteen days from the date of such rejection, nominate another person
to the vacant post; and in default of such nomination, or if such nomination has been made but the
nominee is again rejected, the State Government shall appoint such person as it thinks fit to the vacancy.
**33. Appointment of road police.—Subject to the rules to be framed under section 39 and for the**
time being in force, the State Government may from time to time appoint persons to be [5][road police].
**34. Duties of village and road police-man.—Every village-policeman and every road-policeman**
shall perform the following duties:—
(a) he shall give immediate intermission to the officer in charge of the police-station appointed
for his village or beat—
1. Subs. by the A.O. 1950, for “Chief Court”.
2. See now the Code of Civil Procedure, 1908 (5 of 1908).
3. Ins. by the A.O. 1937.
4. See now the Code of Civil Procedure, 1908 (5 of 1908), Sch. I, Order 26, rules 9 to 12.
5. Subs. by the A.O. 1937, for “the road-police of his district”.
9
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(1) of every unnatural, suspicious or sudden death occurring in the village of which he is
chaukidar, or within his beat;
(2) of each of the following offences occurring in such village or on such beat (that is to
say), murder, culpable homicide, rape, dacoity, theft, robbery, mischief by fire, house-breaking,
counterfeiting coin, causing grievous hurt, riot, harbouring a proclaimed offender, exposure of
a child, concealment of birth, administering stupefying drugs, kidnapping, lurking
house-trespass; and
(3) of all attempts and preparations to commit, and abetments of, any of the said
offences:
(b) he shall keep the police informed of all disputes which are likely to lead to any riot or serious
affray:
(c) he shall arrest all proclaimed offenders, and all persons whom he may find in the act of
committing any offence specified in paragraph (a), clause (2), of this section:
(d) he shall observe and from time to time report to the officer in charge of the police-station
within the jurisdiction of which his village or beat may be situate, the movements of all bad
characters in or on such village or beat:
(e) he shall report to the officer in charge of such police-station the arrival of suspicious
characters in the neighbourhood:
(f) he shall supply to the best of his ability any local intermission which a Magistrate or any
officer of police may re” quire, and shall promptly execute all orders issued to him: by competent
authority.
**35. Procedure on arrest by village or road police-man.—Whenever a village-policeman or road-**
policeman arrests any person, he shall take him as soon as possible to the police-station within the
jurisdiction of which his village or beat is situated.
**36. Dismissal of village or road police-man.—The Magistrate of the district may dismiss any**
village-police man or road-policeman for any misconduct or neglect of duty.
Where any village-policeman is guilty of neglect of duty or other misconduct, the person authorized
to nominate to his office may report him for dismissal to the Magistrate of the district; and such
Magistrate shall dismiss him accordingly, unless the Magistrate has reason the think that such dismissal
would be improper.
**37. Acts punishable.—Every village-policeman and road-policeman guilty of any willful**
misconduct in his office, or of neglect of duty, such misconduct o neglect not being an offence within
the meaning of the Indian Penal Code, (45 of 1860).
or withdrawing from the duties of his office without permission and without having given at least
two months, notice of his intention withdraw from such duties to the persons authorized to nominate
appoint under sections 29, 32 and 33 (as the case may be),
or offering any unnecessary personal violence to any person in his custody,
**Penalty. shall be liable, on conviction before a Magistrate, to a penalty not exceeding three months’**
pay, or to imprisonment for a period not exceeding three months, or to both.
**38. Fines to be credited to such fund as Government appoints.—All fines levied under this Act**
on village-policemen or road policemen shall be credited to such fund as the State Government from
time to time appoints.
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CHAPTER V
SUBSIDIARY RULES
**39. Power to make rule.—The State Government may, from time to time,** [1* * * ] make rules
consistent with this Act as to—
(a) the discipline and remuneration of the village and road police and the regulation of their
number, location and duties;
(b) the disposal of unclaimed property under Act No.5 of 1861 (for the regulation of police),
sections 25, 26 and 27;
(c) public health and conservancy at fairs and other large public assemblies, and the
maintenance of a proper watch and ward at such fairs and assemblies;
(d) imposing [2* * *] taxes for those purposes only;
3 [(e) the keeping and custody of civil, criminal and revenue records.]
4* - -
**40. Publication of rules. — All rules made by the State Government under section 39, and all rules**
made by the [5][High Court] under section 27, shall be published in the Official Gazette, and shall
thereupon have the force of law.
**41. Continuance of prior rules as to matters for which rules may be made under the Act.]**
Rep.by the Repealing and Amending Act, 1891 (12 of 1891).
**42. Penalty for breach of rules.—Whoever breaks any rule made or continued under this Act, not**
being a rule made by the [5][High Court], shall, on conviction before a Magistrate, be punishable with fine
which may extend to fifty rupees, or with imprisonment for a term which may extend to six months, or
with both.
CHAPTER VI
MISCELLANEOUS
_Honorary civil jurisdiction_
**43. [Power to invest taluqdars with civil jurisdiction.]—Rep. by the Oudh Civil Courts Acts, 1879**
(13 of 1879.)
**_Honorary police-officer_**
**44. Honorary police-officers.—The State Government may-, from time to time, confer on any**
person whom it thinks fit any power which may be exercised by a police-officer under any Act for the
time being in force, and withdraw any power so conferred.
**_Creation and alteration of districts and sub-divisions_**
**45. [Power to create new districts. Power to form sub-divisions of districts.]—Rep .by the United**
_Provinces Act, 1890 (20 of 1890), s. 35._
1. The words “with the previous sanction of the G.G. in C,” rep. by Act 14 of 1878, s. 5.
2. The words “with the previous sanction of the G.G. in C,” rep. by the A.O. 1937.
3. Subs. ibid., for the original cl. (e).
4. Clause (f) was omitted by the A.O. 1937, CL. (G) RELATING TO S. 25 OF THIS At was omitted by the Oudh Rent Act,
1836, Amendment Act, 1901 (U.P. 4 of 1901). The proviso was omitted by the A.O. 1937.
5. Subs. by the A.O. 1950 for “Chief Court”.
11
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**THE FIRST SCHEDULE. — Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.**
12
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**THE SECOND SCHEDULE**
(See section 3)
**PART 1.— BENGAL REGULATIONS**
**Number and year** **Subject** **Modifications**
XXIII of 1803. Embezzlement by Native In section 1 and in section 2, clause
Officers _First, before “sezawals,” insert_
“tahsildars”.
In section 2, after the first clause, insert
“Second.—The responsibility of the
sureties of tahsildars extends to the several
cases provided for in this Regulation.”
In section 3, for “Dewanny Adawlut of
the Zillah, the Judge of which Court shall
detain him,” read “ District where he shall
be detained;” for “ real or personal,” _read_
“ movable or immovable ;” [1* * *] and omit the
words and figures “and the rules in
Regulation XXVIII, 1803, regarding suits so
carried on by the Collectors are to be held
applicable to it.” [2] [* * * ]
Omit section 8.
3X of 1804 Punishment by Courts- Omit section 1.
martial of certain State offences In section 2, for “the British territories
subject to the Government of the Presidency
of Fort William” read “the territories under
the administration of the Chief
Commissioner of Oudh”.
In section 3, for “real and personal”
read “movable or immovable”.
XI of 1806 Assistance to troops and travellers Omit sections 1, 7, 9 to 20 (both inclusive),
passing through districts. and so much of the rest of the Regulation as
authorizes Collectors and their Native officers, or
Magistrates and their police-officers, to give their
Official aid in procuring coolies for the purpose
of facilitating the march of troops or the progress
of travellers.
For “Collectors of Revenue” and “Collector”
read” Deputy. commissioner” throughout the
Regulation.
In sections 2 and 3, for “ the Company's
territories “ read “ Oudh “.
In section 2, omit the last sentence.
In section 4, clause Third, for “Central
Government” read “ State Government.”
In section 5, omit “the Companys ;[ 4* * * ]
In section 6, for “ Magistrate “ read “ Deputy
Commissioner,” and for “ on the part of the
Collector” read “by the Deputy Commissioner”.
1. The words “for ‘city’ read ‘jurisdiction’ “ were rep. by Act 12 of 1891; and the words “for ‘Board of Revenue’ read ‘Chief
Commissioner’ ” were rep. by Act 20 of 1890, s.35.
2. The words “In section 4, omit the word or in either of the cities of Patna, Dacca and Moorshedabad,” were rep. by Act 12 of 1891.
3. Rep. by Act 4 of 1922, s. 3 and Sch.
4. The words “and for ‘Board of Revenue’ read ‘Chief Commissioner’ ” were rep. by Act 20 of 1890, s. 35.
13
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**Number and year** **Subject** **Modifications**
In section 8, for “the Company’s
provinces” read “Oudh” [1] [* * *. . ]
2 * * * *** * *** - * * *
[3] III of 1818 State Prisoners In section 1, omit “situated within the
territories dependent on the Presidency
of Fort William,” and from “which are
to take effect to the end of the section.
In section 2, clause Third, omit
“within the territories subject to the
Presidency of Fort William “.
In section 4, omit clause First.
In the same section, clause Second,
for” Zillah or City Magistrate “read
“Deputy Commissioner,” and for
“ Judge of Circuit” read “ Commissioner
of Division”.
In section 9, for “ to the Provincial
Court of Appeal and Circuit and to the
Sudder Dewanny Adawlut And Nizamut
Adawlut “ read “ and to the Judicial
Commissioner “.
Omit section 10.
[4]* * * - * * - * *
XI of 1822 Non-liability of Government _Omit the whole except section 38._
for errors of a Court of Justice.
VI of 1825 Supply of troops on the In the preamble, _omit the last twenty_
march. words.
In section 2, _omit “in pursuance of_
section III, Regulation XI, 1806,” and omit
“sicca”.
In section 4, _for “Board of Revenue in_
whose jurisdiction the district may be
situate “and “Board” read “Commissioner “.
In section 5, omit “on the stamped paper
prescribed for other appeals to the Revenue
Boards” and _for “the proper Board” and_
“the Board” read “the Commissioner”.
1. The words and figures “and omit the words and figures ‘(under the rules prescribed by Regulation 5 of 1804.)’ and ‘in
Regulation 27 of 1803,” were rep. by Act 12 of 1891.
2. The entries relating to Bengal Regulations 17 of 1806, 20 of 1810 and 5 of 1817 were rep. by Acts 4 of 1882, 13 of 1889 and
6 of 1878, respectively.
3. This Regulation was rep. by Act 48 of 1952, s. 2 and Sch. I.
4. The entry relating to Bengal Regulation 6 of 1819 was rep. by Act 12 of 1891.
14
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**Number and year** **Subject** **Modifications**
XI of 1825 Alluvion and Diluvion _Omit section 1._
In section 3, omit “ either “ and “ or
the sea “.
In section 4, clause _First,_ _Omit_
“whether” and “or of the sea,” and for
“ the provisions of Regulation II, 1819,
or of any other Regulation in force,”
read “ any law in force for the time
being;” clause Third, omit “ or in the sea
“ and “ or sea;” clause Fifth, omit “ or
the sea”.
In section 5, for “Zillah and City
Magistrates “read “Deputy
Commissioners”.
[1]* * * - * * - * *
**PART II.--ACTS OF THE GOVERNOR GENERAL IN COUNCIL**
**[2]* * *** *** * *** *** * ***
[3]XX of 1856 Chaukidars In the preamble, _after “Bengal” add_
“and the territories under the
administration of the Chief
Commissioner of Oudh”.
_Omit_ the words “of circuit”
wherever they occur after
“Commissioner”.
_Omit section 40._
XIII of 1857 Opium In the title, after “the Presidency of
Fort William in Bengal,” read “and the
territories under the administration of
the Chief Commissioner of Oudh.” [4]***
In section 3, _omit_ “being
covenanted servants of the Company.”
[5]* * * - * * - * *
[6]XXII of 1871. Chaukidars In section 1, after “Presidency”
insert “or territories “.
In section 3, omit the words “ of
circuit”.
_Omit section 6._
1. The entry relating to Bengal Regulation 20 of 1825 was rep. by Act 10 of 1882.
2. The entry relating to Act 19 of 1853 was rep. by Act 1 of 1903.
3. Act 20 of 1856 has been repealed in the U.P. by the U.P. Town Area Act, 1914 (U.P. 2 of 1914).
4. The modification relating to s. 2 was rep. by Act 12 of 1891.
5. The entry relating to the Minors Act, 1858 (40 of 1858), was rep. by Act 3 of 1890.
6. Act 22 of 1871 was rep. in the U.P. by Act 18 of 1919 and generally by Act 1 of 1938.
15
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28-Jun-1877 | 14 | The Broach and Kaira Incumbered Estates Act, 1877 | https://www.indiacode.nic.in/bitstream/123456789/19231/1/A1877-14.pdf | central | # PREAMBLE.
SECTIONS.
[THE BROACH AND KAIRA INCUMBERED ESTATES ACT, 1877](http://www.bareactslive.com/MAH/mh724.htm#0)
_________
ARRANGEMENT OF SECTIONS
_________
# I.—PRELIMINARY.
1. Short title.
Commencement.
2. Act No. XV of 1871 repealed.
3. Interpretation-clause.
“Thakur.”
“Heir.”
“Commissioner.”
# ________
II.—OF THE APPLICATION AND PRELIMINARY INQUIRY.
4. Application for benefit of Act.
5. Order to enquire.
6. Verified statement to be submitted.
False averments in statement.
7. Report of enquiry and proceedings thereon.
________
# III.—OF THE ORDER OF MANAGEMENT.
8. “Order of management” to what it extends.
Commencement of management.
9. Effect of order of management.
Stay of pending proceedings, &c.
Bar of fresh proceedings.
The debtor incompetent—
to contract debts,
to encumber or alienate property,
to grant receipts for rent.
10. Manager to have powers of owner and to receive rents and profits:
to have powers of Collector for their recovery.
11. Manager to pay therefrom—
costs of management and repairs,
Government revenue, &c.,
rent due to superior holder,
allowance for maintenance and expenses of debtor and family,
cost of improvements, &c.
Residue how disposed of.
________
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# IV.—PROOF OF DEBTS AND SCHEME FOR LIQUIDATION.
SECTIONS.
12. Notice to claimants against debtor.
Copies of notice to be exhibited.
13. Claim to contain full particulars.
Documents to be given up.
Entries in books.
Power to exclude documents not produced with claim.
14. Claim not duly notified to be barred.
Admission of claims within further period of six months.
15. Determination of debts and liabilities.
16. Power to rank debts and to fix interest.
17. Scheme for liquidation.
Provisions of scheme.
18. Proceedings of Commissioner on submission of scheme.
19. Power to relinquish management.
________
# V. OF THE PROCEEDINGS SUBSEQUENT TO SANCTION OF THE LIQUIDATION-SCHEME.
20. Effects of sanctioning scheme.
21. Power to remove mortgagee in possession.
22. Power to inquire into consideration given for leases.
23. Power to lease.
24. Power to raise money by mortgage or sale.
25. Manager’s receipt a discharge.
26. Termination of management.
Restoration of owner.
27. Death of debtor during management.
28. Mortgages, &c., made by restored Thakur valid only for his life.
__________
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# VI.—OF APPEAL AND REVISION.
SECTIONS.
29. Appeal.
30. Power to call for proceedings and pass order thereon.
__________
# VII. MISCELLANEOUS.
31. Power to make rules.
32. Power to appoint new manager.
33. Managers and their agents to be public servants.
34. Investigation, a judicial proceeding.
35. Power to summon witnesses and compel production of documents.
36. Bar of suits.
37. Saving of jurisdiction of Courts in Broach and Kaira in respect of certain suits.
38. Exemption of certain Thakurs from certain provisions of Act.
39. Amendment of Bombay Act VI of 1862.
40. Taluqdari Settlement-officer to be—
deemed an officer under Bombay Act VI of 1862, section 1;
Assistant to certain Collectors.
41. Acts of Taluqdari Settlement officer valid.
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[THE BROACH AND KAIRA INCUMBERED ESTATES ACT, 1877](http://www.bareactslive.com/MAH/mh724.htm#0)
ACT NO. XIV OF 1877.
**_______**
# PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
(Received the assent of the Governor General on the 28th June 1877.)
________
An Act to relieve from Incumbrances the estates of Thakurs in Broach and Kaira.
Preamble.—WHEREAS many Thakurs in the districts of Broach and Kaira are in debt, and their
immoveable property is subject to mortgages, charges and liens; and whereas it is expedient to provide for
their relief in manner hereinafter appearing; It is hereby enacted as follows:—
I.—PRELIMINARY.
**1. Short title.—This Act may be called “The Broach and Kaira Incumbered Estates Act, 1877:”**
**Commencement.—And it shall come into force on the passing thereof.**
**2. Act No. XV of 1871 repealed.—Act No. XV of 1871 (to relieve from incumbrances the estates** _of_
_Thakurs in Broach) is repealed: but all applications and appointments and rules made, all notices published,_
and all other things duly done, under the said Act, shall be deemed to have been respectively made,
published and done under this Act.
**3. Interpretation-clause. —In this Act—**
**“Thakur”.—“Thakur” means also taluqdar, Jagirdar and kasbati, and such other classes of holders of**
estates as the Local Government may, with the previous sanction of the Governor General in Council,
declare to be Thakurs for the purposes of this Act:
**“Heir”.—means the person for the time being entitled as heir to a Thakur:**
**“Commissioner”.—“Commissioner” means the Revenue Commissioner of the Northern Division of**
the Presidency of Bombay.
II.—OF THE APPLICATION AND PRELIMINARY INQUIRY.
**4. Application for benefit of Act.—At any time within twelve months after the passing of this Act,**
any Thakur,
or any person who would be sole heir or one of the heirs to such Thakur if he then died intestate,
may apply, in writing, to the Commissioner, stating that such Thakur is subject to debts or liabilities,
other than debts due, or liabilities incurred, to Government, or that his immoveable property is charged with
debts or liabilities other than as aforesaid, and requesting that the provisions of this Act be applied to his
case.
When any Thakur or other person entitled to make an application under this section is a minor, or of
unsound mind, or an idiot, such application may be made on his behalf by the guardian or other legal curator
of his person, or by the legally constituted administrator or manager of his estate.
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**5. Order to enquire.—When any such application is made by or on behalf of a Thakur, or the person**
who would be his sole heir if he then died, the Commissioner shall direct an enquiry to be made by such
officer as he thinks fit into the nature and amount of such debts and liabilities and the sufficiency of the
debtor’s property, whether moveable or immoveable, to discharge the same.
When such an application is made in any other case, it shall be in the discretion of the Commissioner,
subject to any general rules which may from time to time be made by the Governor of Bombay in Council
in this behalf, either to reject such application or to direct an enquiry to be made as aforesaid.
**6. Verified statement to be submitted.—When an enquiry has been directed under section 5, the**
applicant shall, within a period to be fixed by the Commissioner, submit to the officer appointed to make
such enquiry a statement duly verified by the said applicant, or by some other competent person, in the
manner required by law for the verification of plaints, and containing, so far as may be practicable, such
details as to the debts and liabilities, and as to the sufficiency of the debtor’s property, whether moveable
or immoveable, to meet the same, as the Commissioner, or the said officer, subject to his control, may
require.
**False averments in statement.—If any such statement contains any averment which the person**
making the verification knows or believes to be false, or does not know or believe to be true, such person
shall be deemed to have intentionally given false evidence within the meaning of the Indian Penal Code.
**7. Report of enquiry and proceedings thereon.—The officer so appointed, after making enquiry,**
shall submit a report of his proceedings to the Commissioner.
On receipt of such report, the Commissioner may—
(a) direct a further enquiry, or
(b) dismiss the application, or
(c) by order published in the Bombay Government Gazette, direct that the immoveable property of
the debtor shall be managed, and that his debts shall be liquidated, in the manner hereinafter provided,
by a manager.
The Taluqdari Settlement-officer for the time being shall, unless the Local Government in any case
otherwise directs, be such manager.
_______
# III.—OF THE ORDER OF MANAGEMENT.
**8. “Order of management” to what it extends.—Such order (hereinafter called “the order of**
management”) shall extend to all immoveable property of or to which the debtor is on the date of its
publication possessed or entitled in his own right, or which he is entitled to redeem, or which may be
acquired by or devolve on him during the continuance of the management, and to all debts and liabilities to
which he is subject, or which are charged on the whole or any part of his immoveable property on the said
date.
**Commencement of management.—The management shall be deemed to commence from the date on**
which the order is published.
**9. Effect of order of management.—On the publication of the order of management the following**
consequences shall ensue:
**Stay of pending proceedings, &c.—First, all proceedings then pending in any Civil Court in British**
India in respect to the debts and liabilities mentioned in section 8 shall be stayed; and the operation of all
processes, executions and attachments then in force, for or in respect of such debts and liabilities shall be
suspended;
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**Bar of fresh proceedings.—Secondly,** so long as the management continues, no fresh proceedings,
processes, executions or attachments shall be instituted in or issued by any Civil Court in British India in
respect of such debts and, liabilities;
**The debtor incompetent.—Thirdly,** so long as the management continues, the debtor shall be
incompetent—
**to contract debts,—(a)** to enter into any contract involving him in pecuniary liability, or
**to encumber or alienate property,—(b) to mortgage, charge, lease or alienate the property under**
management or any part thereof, or
**to grant receipts for rent,—(c) to grant valid receipts for the rents and profits arising or accruing**
therefrom:
Provided that nothing contained in this clause shall be deemed to preclude the manager from letting,
and the debtor from taking, the whole or any part of such property on such terms, consistent with this Act,
as may be agreed upon between the parties;
_Fourthly,_ so long as the management continues, no person other than the manager shall be competent
to mortgage, charge, lease or alienate such property or any part thereof.
**10. Manager to have powers of owner and to receive rents and profits: —The manager shall, during**
the management of the property, have all powers which the owner thereof might, as such, have legally
exercised, and shall receive and recover all rents and profits due in respect of the property under
management,
**to have powers of Collector for their recovery.—and for the purpose of recovering such rents and**
profits shall have, in addition to any powers possessed by a Thakur, all the powers possessed by a Collector,
under the law for the time being in force, for securing and recovering land-revenue due to Government:
Provided that he shall not, before the liquidation scheme hereinafter mentioned has been sanctioned, demise
the property under management, or any part thereof, for any term exceeding two years, to take effect in
possession.
**11. Manager to pay there from—From the sums received or recovered under section 10, the manager**
shall pay—
**Costs of management and repairs.—First,** Costs of management and repairs, the costs of the
management, including the costs of necessary repairs;
**Government revenue, &c.,—Secondly Government revenue, &c., the Government revenue and all**
debts and liabilities for the time being due or incurred to Government in respect of the property under
management;
**Rent due to superior holder,—Thirdly,** the rent (if any) due to any superior holder in respect of the
said property;
**Allowance for maintenance and expenses of debtor and family.—Fourthly** such periodical
allowance as the Commissioner may from time to time fix for the maintenance and other necessary expenses
of the and of such members of his family as the Commissioner directs;
**Cost of improvements, &c.—Fifthly,** the cost of such improvements of the said property as he thinks
necessary, and as are approved by the Commissioner.
**Residue how disposed of.—The residue shall be retained by the manager for the liquidation, in manner**
hereafter provided, of the debts and liabilities mentioned in section 8 other than those so due or incurred to
Government.
# ______
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# IV.—PROOF OF DEBTS AND SCHEME FOR LIQUIDATION.
**12. Notice to claimants against debtor.—On the publication of the order of management, the manager**
shall publish in the Bombay _Government Gazette a notice in English and Gujarathi calling upon all persons_
having claims against the debtor or the property under management, to notify the same in writing to such
manager within six from the date of the publication.
**Copies of notice to be exhibited.—He shall also cause copies of such notice to be exhibited at the**
Mamlatdars’ kachahris in the district in which the said property lies, and at such other places as he thinks
fit.
**13. Claim to contain full particulars.—Every such claimant shall, along with his claim, present full**
particulars thereof.
**Documents to be given up.—Every document on which the claimant founds his claim, or on which he**
relies in support thereof, shall be delivered to the manager along with the claim.
**Entries in books.—If the document be an entry in any book, the claimant shall produce the book to**
the manager together with a copy of the entry which he relies. The manager shall mark the book for the
purpose of identification, and, after examining and comparing the copy with the original, shall return the
book to the claimant.
**Power to exclude documents not produced with claim.—If any document in the possession or under**
the control of the claimant is not delivered or produced by him to the manager along with the claim, the
manager may refuse to receive such document in evidence on the claimant’s behalf at the investigation of
the case.
**14. Claim not duly notified to be barred.—Every such claim (other than claims of the Government)**
not notified to the manager within the time and in the manner required by such notice shall, except as
provided in section 19, clause (d), be deemed for all purposes and on all occasions, whether during the
continuance of the management or afterwards, to have been duly discharged:
**Admission of claims within further period of six months.—Provided that, when proof is made to the**
manager that the claimant was unable to comply with the visions of section 12, the manager may receive
such claim within the further period of six months from the expiration of the original period of six months.
**15. Determination of debts and liabilities.—The manager shall inquire into the history and merits of**
every claim received under sections 12 and 14, and shall, in accordance with the rules to be made under
this Act, determine the amount of debts and liabilities (if any) justly due to the several claimants.
**16. Power to rank debts and to fix interest.—If such amount cannot be paid at once, the manager**
shall then proceed to rank such debts and liabilities according to the order in which they shall be paid, and
to fix the interest (if any) to be paid thereon, respectively, from the date of the final decision thereon to the
date of the payment and discharge thereof.
**17. Scheme for liquidation.—When the total amount of the debts and liabilities (including those due**
and incurred to Government) has been finally determined, the manager shall prepare and submit to the
Commissioner a schedule of such debts and liabilities, and a scheme (hereinafter called the
liquidation scheme) shewing the mode in which it is proposed to pay and discharge the same, whether from
the income of the property under management, or with the aid of funds raised under the powers hereinafter
conferred, or partly in one of such ways and partly in the other.
**Provisions of scheme.—Every such scheme shall further provide for the continuance of the payments**
to be made by the manager under section 11, and may provide for the improvement of the property under
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management either from the said income or with the aid of the funds raised as aforesaid, or partly in one of
such ways and partly in the other.
**18. Proceedings of Commissioner on submission of scheme.—The Commissioner may—**
(a) as often as he thinks fit send back such scheme to the manager for revision, and direct him to
make such further inquiry as may be requisite for the proper preparation of the scheme, or
(b) sanction any liquidation-scheme, or any revised liquidation-scheme, submitted to him, either as
it stands, or subject to such modifications as he may deem expedient.
**19. Power to relinquish management.—At any time before he has sanctioned a liquidation-scheme**
under section 18, the Commissioner may, by an order published in the Bombay Government Gazette, direct
that on a date fixed by such order the management shall be relinquished.
On the date so fixed—
(a) the management shall terminate;
(b) the owner of the property under management shall be restored to the possession thereof, subject
to any leases made under section 10;
(c) any residue of the rents and profits of the said property, retained under the last clause of
section 11, shall be paid to him; and
(d) the proceedings, processes, executions and attachments stayed and suspended under section 9,
and the debts and liabilities barred by section 14, shall revive.
In calculating the periods of limitation applicable to suits to recover and enforce debts and liabilities
revived under this section, the time during which the management has continued shall be excluded.
_______
# V.—OF THE PROCEEDINGS SUBSEQUENT TO SANCTION
OF THE LIQUIDATION-SCHEME.
**20. Effects of sanctioning scheme.—When the Commissioner sanctions the liquidation-scheme, he**
shall notify the fact of such sanction at such places and in such manner as the Local Government may from
time to time by rule direct; and thereupon—
1st, all proceedings, processes, executions and attachments stayed or suspended under
section 9 shall be for ever barred, and
2nd, every debt or liability due or owing to any person which was proveable before the manager
shall be extinguished, and such person shall be entitled to receive under the liquidation-scheme the
amount (if any) finally awarded to him under Part IV of this Act in respect of such debt or liability.
**21. Power to remove mortgagee in possession.—If the property under management or any part thereof**
be in the possession of a mortgagee or conditional vendee, the manager, at any time after the
liquidation-scheme has been sanctioned as aforesaid, may, by an order in writing, require such
incumbrancer to deliver up possession of the same to him at the end of the then current revenue year.
If such incumbrancer refuse or neglect to obey such order, the manager may, without resorting to a
Civil Court, enter upon the property and summarily evict therefrom the said incumbrancer and any other
person obstructing or resisting on his behalf.
Nothing in this section shall be held to affect the right of any incumbrancer to receive, under the
liquidation-scheme, the amount (if any) awarded to him under Part IV of this Act.
**22. Power to inquire into consideration given for leases.—If the property under management or any**
part thereof be in the possession of any person claiming to hold under a lease dated within the three years
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immediately preceding the commencement of the management, the manager may inquire into the
sufficiency of the consideration for which the lease was given; and if such consideration appear to him
insufficient, may by order, with the consent of the Commissioner, at any time after the liquidation-scheme
has been sanctioned as aforesaid, either set aside the lease or require the person so in possession to pay such
consideration for the said lease as the manager thinks fit, and in default of such payment, the lease shall be
cancelled.
**23. Power to lease.—Subject to the rules made under section 31, the manager, after the**
liquidation-scheme has been sanctioned as aforesaid, shall have power to demise all or any part of the
property under management for any term of years not exceeding twenty years absolute, to take effect in
possession, in consideration of the payment to him of any fine, or without fine, and reserving such rents,
and under such conditions, as may be agreed upon.
**24. Power to raise money by mortgage or sale.—At any time after the liquidation-scheme has been**
sanctioned as aforesaid, the manager, with the previous assent of the Commissioner, shall have power to
raise any money which may be required for carrying out such scheme—
(a) by mortgaging the whole or any part of the property under management for a term not exceeding
twenty years from the publication of the order of management; or
(b) by charging the whole or any part of such property; or
(c) by selling, by public auction or by private contract, and upon such terms as the manager thinks
fit, such portion of the said property as may appear expedient.
**25. Manager’s receipt a discharge.—The manager’s receipt for any moneys, rents or profits raised or**
received by him under this Act, shall discharge the person paying the same therefrom and from being
concerned to see to the application thereof.
**26. Termination of management.—When the debts and liabilities mentioned in the**
liquidation-scheme have been paid and discharged as therein provided, or in such other manner as the
Commissioner thinks fit, the manager shall publish in the Bombay Government Gazette a notice fixing a
date for the termination of the management.
**Restoration of owner.—On the date so fixed the management shall terminate, and the owner shall be**
restored to the possession and enjoyment of the property under management, or of such part thereof as has
not been sold by the manager under the power conferred by section 24, but subject to the leases and
mortgages (if any) granted and made by the manager under the powers conferred by sections 10, 23 and 24.
**27. Death of debtor during management.—If the debtor dies after the publication of the order of**
management and before the management has been terminated in either of the modes hereinbefore
provided—
1st, the management shall continue and proceed in all respects as if such debtor were still living;
2ndly, any person succeeding to the whole or any portion of the property under management shall,
while such management continues, be subject in respect of such property to the disabilities imposed by
clauses (b) and (c) of section 9; and
3rdly, no Civil Court in British India shall, during the continuance of the management, issue any
attachment or other process against any portion of the property under management, for or in respect of any
debt or liability incurred by any such person whether before or after his said succession.
**28. Mortgages, &c., made by restored Thakur valid only his life.—When a Thakur has been restored**
under section 26 to the possession of any property, no mortgage, charge, lease or alienation of such property,
or of any part thereof, made by such Thakur, shall be valid as to any time beyond his natural life.
_______
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# VI.—OF APPEAL AND REVISION.
**29. Appeal.—An appeal against any decision or order under sections 14, 15, 16 and 22 or imposing a**
fine or imprisonment in exercise of the powers conferred by section 35, shall lie to the Commissioner, if
preferred within six weeks from the date of such decision or order.
There shall be no appeal against the decision of the Commissioner on such appeal.
**30. Power to call for proceedings and pass order thereon.—The Commissioner may, of his own**
motion or on the application of any person concerned, call for the proceedings in any case under this Act,
and pass such order thereon, consistent with the provisions of this Act, as he thinks fit.
________
# VII.—MISCELLANEOUS.
**31. Power to make rules.—The Local Government may, from time to time, make rules consistent with**
this Act—
(a) to regulate the security to be required from subordinate officers under this Act;
(b) to regulate the procedure in all cases under this Act;
(c) for the guidance of officers enquiring into and determining on claims under Part IV of this Act;
and in particular as to the allowance of interest (if any) on each of the principal debts and liabilities so
determined, from the date on which it was incurred down to the date of the determination, and on the
aggregate amount of such debts and liabilities from the date of the determination down to the date of
payment, and as to the order of paying debts and liabilities;
(d) for investing any moneys received or raised by the manager under this Act in any Government
securities of British India, and for the sale of such securities, and
(e) generally to carry out the provisions of this Act.
Such rules shall be published in the Bombay Government Gazette, and when so published shall have
the force of law.
**32. Power to appoint new manager.—The Local Government may suspend or remove any manager,**
and may appoint any officer in the stead of any manager appointed under this Act; and thereupon the
management then vested under this Act in the former manager shall become vested in the new manager.
Every such new manager shall have the same powers as if he had been originally appointed.
**33. Managers and their agents to be public servants.—Every manager appointed under this Act and**
every agent of such manager shall be deemed a public servant within the meaning of the Indian Penal Code.
**34. Investigation, a judicial proceeding.—Every investigation conducted by the manager with**
reference to any claim preferred before him under this Act, or to any matter connected with any such claim,
shall be taken to be a judicial proceeding within the meaning of the Indian Penal Code.
**35. Power to summon witnesses and compel production of documents.—For the purposes of this**
Act, the manager and any officer making an enquiry under section 5 may summon and enforce the
attendance of witnesses and compel them to give evidence, and compel the production of documents, by
the same means and, as far as possible, in the same manner, as is provided in the case of a Civil Court by
the Code of Civil Procedure.
**36. Bar of suits.—No suit or other proceeding shall be maintained against any person in respect of**
anything done by him bona fide pursuant to this Act.
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**37. Saving of jurisdiction of Courts in Broach and Kaira in respect of certain suits.—Nothing in**
this Act precludes the Courts in Broach and Kaira having jurisdiction in suits relating to the succession to
any immoveable property brought under the operation of this Act from entertaining and disposing of such
suits; but to all such suits the manager of such property shall be made a party.
**38. Exemption of certain Thakurs from certain provisions of Act.—Nothing in section 9 shall be**
deemed to render any of the following Thakurs, namely, the Thakur of Ahmod, the Thakur of Sarod, the
Thakur of Kerwara, the Thakur of Dehej, and the Thakur of Janiadra incompetent to enter into contracts
involving him in pecuniary liability, nor shall anything in section 28 apply to any of the said Thakurs:
Provided that, if any such Thakur has, since the scheme for the settlement of his debts and liabilities
was approved under section 11 of the said Act No. XV of 1871, enter into any contract involving him in
pecuniary liability exceeding the average annual income derived during the previous five years from his
immoveable property after deducting therefrom the land-tax and other dues of Government, the Local
Government may, by notification in the Bombay Government Gazette, declare that the exemption made by
the former part of this section shall cease in his case, and thereupon such exemption shall cease accordingly.
**39. Amendment of Bombay Act VI of 1862.—And whereas doubts have been raised as to the validity**
of Bombay Act No. VI of 1862 (for the amelioration of the condition of Taluqdars in the Ahmedabad
_Collectorate, and for their relief from debt)_ so far as it purports to affect the High Court of Judicature at
Bombay, for the purpose of precluding such doubts, it is hereby further enacted that the said Act, so far as
it purports to affect the said High Court, shall be deemed to be and to have been valid.
**40. Taluqdari Settlement-officer to be.—The said Taluqdari Settlement-officer for the time being**
shall, unless the Local Government in any case otherwise directs, be—
(a) **deemed an officer under Bombay Act VI of 1862, section 1;—deemed to be an officer**
appointed under section 1 of the said Bombay Act No. VI of 1862, to manage all estates with respect
to which a declaration is or has been made and published under the said section;—
(b) **Assistant to certain Collectors.—an Assistant to the respective Collectors of Ahmedabad,**
Kaira and Broach.
**41. Acts of Taluqdari Settlement-officer valid.—Nothing heretofore done by any Taluqdari**
Settlement-officer shall be deemed to be or to have been invalid by reason only of his not having been duly
appointed,
(a) under section 1 of the said Bombay Act No. VI of 1862, to manage any estates with respect to
which a declaration has been made under the said section, or
(b), to be a manager under the said Act No. XV of 1871, or
(c), to be an Assistant to the respective Collectors of Ahmedabad, Kaira and Broach.
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13-Feb-1878 | 06 | The Indian Treasure-trove Act, 1878 | https://www.indiacode.nic.in/bitstream/123456789/2286/1/A1878-06.pdf | central | PREAMBLE
SECTIONS
1. Short title.
Extent.
# THE INDIAN TREASURE-TROVE ACT, 1878
__________
# ARRANGEMENT OF SECTIONS
__________
PRELIMINARY
2. [Repealed.].
3. Interpretation-clause.
“Treasure.”
“Collector.”
“Owner.”
PROCEDURE ON FINDING TREASURE
4. Notice by finder of treasure.
5. Notification requiring claimants to appear.
6. Forfeiture of right on failure to appear.
7. Matters to be enquired into and determined by the Collector.
8. Time to be allowed for suit by person claiming the treasure.
9. When treasure may be declared ownerless.
Appeal against such declaration.
10. Proceedings subsequent to declaration.
11. When no other person claims as owner of place, treasure to be given to finder.
12. When only one such person claims and his claim is not disputed, treasure to be divided, and
shares to be delivered to parties.
13. In case of dispute as to ownership of place, proceedings to be stayed.
14. Settlement of such dispute.
15. and division thereupon.
16. Power to acquire the treasure on behalf of Government.
17. Decision of Collector final, and no suit to lie against him for acts done bona fide.
18. Collector to exercise powers of Civil Court.
19. Power to make rules.
PENALTIES
20. Penalty on finder failing to give notice, etc.
21. Penalty on owner abetting offence under section 20.
_SCHEDULE.— [Repealed.]._
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# THE INDIAN TREASURE-TROVE ACT, 1878
ACT NO. 6 OF 1878[1]
An Act to amend the law relating to Treasure-trove.
[13th February, 1878.]
**Preamble.—Whereas it is expedient to amend the law relating to treasure-trove; It is hereby enacted**
as follows:—
PRELIMINARY
**1. Short title.—This** Act may be called the Indian Treasure-trove Act, 1878.
**Extent.—It extends to the whole of India except [2][the territories which, immediately before the 1st**
November, 1956, were comprised in Part B States].
3* ***** ***** ***** *****
**STATE AMENDMENT**
**Maharashtra**
**In the principal Act,—In section 1,—**
(i) to the second paragraph the following proviso shall be added, namely:—
“Provided that on the commencement of the Indian Treasure-trove (Extension to Hyderabad and
Saurashtra area of Bombay State) Act, 1957 (Bom. XXXIII of 1958), this Act shall also extend to and
be in force in, the Hyderabad and Saurashtra area of the State of Bombay.”;
(ii) against the proviso so inserted the marginal note “commencement in certain areas” shall be
inserted;
[Vide Bombay Act XXXIII of 1958, s. 3]
**2. [Repeal of enactments.] Rep. by the Repealing and Amending Act, 1891 (12 of 1891), s. 2 and the**
_First Schedule._
1. This Act has been declared to be in force in—
Sonthal Parganas by the Sonthal Parganas Settlement Regulation (Reg. 3 of 1872), s. 3;
Khondmals District by the Khondmals Laws Regulation, 1936 (Reg. 4 of 1936), s. 3 and Sch.; and
Angul District by the Angul Laws Regulation, 1936 (Reg. 5 of 1936), s. 3 and Sch.
It has also been declared, by notification under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in
force in the Scheduled Districts of Hazaribagh, Lohardaga and Manbhum, and Pargana Dhalbhum and the Kolhan in
the District of Singbhum—see Gazette of India, 1881, Pt. I, p. 504 (The District of Lohardaga included at that time
the present District of Palamau, which was separated in 1894; Lohardaga is now called the Ranchi District; _see_
Calcutta Gazette, 1899, Pt. I. P. 44.)
It has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I
(w.e.f. 1-7-1965), to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 (w.e.f. 1-2-1965) and Sch. and to the whole of the
Union Territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch. with modification (w.e.f. 1-10-1967).
The Act came into force in Pondicherry vide Reg. 7 of 1963, s. 3 and Sch. I.
The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955.
Amended in—
Bihar by Bihar Act 22 of 1947.
Madras by Madras Act 36 of 1949.
Punjab by Punjab Act 24 of 1960.
Andhra Pradesh by Andhra Pradesh Act 15 of 1972.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
3. The words “And it shall come into force at once.” rep. by Act 10 of 1914, s. 3 and II Schedule.
2
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**STATE AMENDMENT**
**3. Interpretation-clause.—In** this Act—
**Treasure.—“treasure” means anything of any value hidden in the soil, or in anything affixed**
thereto;
**“Collector.”—“Collector” means (1) any Revenue officer in independent charge of a**
district, and (2) any officer appointed by the State Government to perform the functions
of a Collector under this Act.
**“Owner.”—When** any person is entitled, under any reservation in an instrument of
transfer of any land or thing affixed thereto, to treasure in such land or thing, he shall, for the
purposes of this Act, be deemed to be the owner of such land or thing.
PROCEDURE ON FINDING TREASURE
**4. Notice by finder of treasure.—Whenever** any treasure exceeding in amount or value ten rupees is
found, the finder shall, as soon as practicable, give to the Collector notice in writing—
(a) of the nature and amount or approximate value of such treasure;
(b) of the place in which it was found;
(c) of the date of the finding;
and either deposit the treasure in the nearest Government treasury, or give the Collector such
security as the Collector thinks fit, to produce the treasure at such time and place as he may
from time to time require.
**5. Notification requiring claimants to appear.—On receiving a notice under section 4, the**
Collector shall, after making such enquiry (if any) as he thinks fit, take the following steps
(namely):—
(a) he shall publish a notification in such manner as the State Government from time to
time prescribes in this behalf, to the effect that, on a certain date _(mentioning it)_ certain
treasure _(mentioning its nature, amount and approximate value)_ was found in a certain place
_(mentioning it); and requiring all persons claiming the treasure, or any part thereof, to appear_
personally or by agent before the Collector on a day and at a place therein mentioned, such
day not being earlier than four months, or later than six months, after the date of the
publication of such notification;
(b) when the place in which the treasure appears to the Collector to have been found was at
the date of the finding in the possession of some person other than the finder, the Collector
shall also serve on such person a special notice in writing to the same effect.
**6. Forfeiture of right on failure to appear.—Any** person having any right to such treasure
or any part thereof, as owner of the place in which it was found or otherwise, and not appearing
as required by the notification issued under section 5, shall forfeit such right.
**7. Matters to be enquired into and determined by the Collector.—On the day notified under**
section 5, the Collector shall cause the treasure to be produced before him, and shall enquire as to
and determine—
(a) the person by whom, the place in which, and the circumstances under which, such treasure
was found; and
(b) as far as is possible the person by whom, and the circumstances under which, such treasure
was hidden.
**8. Time to be allowed for suit by person claiming the treasure.—If, upon an enquiry made**
under section 7, the Collector sees reason to believe that the treasure was hidden within one hundred
years before the date of the finding, by a person appearing as required by the said notification and
claiming such treasure, or by some other person under whom such person claims, the Collector shall
3
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make an order adjourning the hearing of the case for such period as he deems sufficient, to allow of a
suit being instituted in the Civil Court by the claimant, to establish his right.
**9. When treasure may be declared ownerless.—If** upon such enquiry the Collector sees no reason
to believe that the treasure was so hidden; or
if, where a period is fixed under section 8, no suit is instituted as aforesaid within such period to the
knowledge of the Collector; or
if such suit is instituted within such period, and the plaintiff's claim is finally rejected;
the Collector may declare the treasure to be ownerless.
**Appeal against such declaration.—Any** person aggrieved by a declaration made under this
section may appeal against the same within two months from the date thereof to the Chief
Controlling Revenue authority.[1]
Subject to such appeal, every such declaration shall be final and conclusive.
**10. Proceedings subsequent to declaration.—When a declaration has been made in respect**
of any treasure under section 9, such treasure shall, in accordance with the provisions hereinafter
contained, either be delivered to the finder thereof, or be divided between him and the owner of
the place in which it has been found in manner hereinafter provided.
**11. When no other person claims as owner of place, treasure to be given to finder.—When**
a declaration has been made in respect of any treasure as aforesaid, and no person other than the
finder of such treasure has appeared as required by the notification published under section 5 and
claimed a share of the treasure as owner of the place in which it has been found, the Collector shall
deliver such treasure to the finder thereof.
**12. When only one such person claims and his claim is not disputed, treasure to be divided,**
**and shares to be delivered to parties.—When a declaration has been made as aforesaid in respect of**
any treasure, and only one person other than the finder of such treasure has so appeared and claimed,
and the claim of such person is not disputed by the finder, the Collector shall proceed to divide the
treasure between the finder and the person so claiming according to the following rule (namely):—
If the finder and the person so claiming have not entered into any agreement then in force
as to the disposal of the treasure, three-fourths of the treasure shall be allotted to such finder
and the residue to such person. If such finder and such person have entered into any such
agreement, the treasure shall be disposed of in accordance therewith:
Provided that the Collector may in any case, if he thinks fit, instead of dividing any treasure as
directed by this section,—
(a) allot to either party the whole or more than his share of such treasure, on such party
paying to the Collector for the other party such sum of money as the Collector may fix as the
equivalent of the share of such other party, or of the excess so allotted, as the case may be; or
(b) sell such treasure or any portion thereof by public auction and divide the sale-proceeds
between the parties according to the rule hereinbefore prescribed:
Provided also, that when the Collector has by his declaration under section 9 rejected any
claim made under this Act by any person other than the said finder or person claiming as owner
of the place in which the treasure was found, such division shall not be made until after the
expiration of two months without an appeal having been presented under section 9 by the person
whose claim has been so rejected, or, when an appeal has been so presented, after such appeal
has been dismissed.
1. For definition of Chief Controlling Revenue authority, see the General Clauses Act, 1897 (10 of 1897), s. 3(10).
4
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When the Collector has made a division under this section, he shall deliver to the parties the
portions of such treasure, or the money in lieu thereof, to which they are respectively entitled
under such division.
**13. In case of dispute as to ownership of place, proceedings to be stayed.—When a**
declaration has been made as aforesaid in respect of any treasure, and two or more persons have
appeared as aforesaid and each of them claimed as owner of the place where such treasure was found,
or the right of any person who has so appeared and claimed is disputed by the finder of such treasure,
the Collector shall retain such treasure and shall make an order staying his proceedings with a view
to the matter being enquired into and determined by a Civil Court.
**14. Settlement of such dispute.—Any person who has so appeared and claimed may, within one**
month from the date of such order, institute a suit in the Civil Court to obtain a decree declaring his right;
and in every such suit the finder of the treasure and all persons disputing such claim before the Collector
shall be made defendants.
**15. And division thereupon.—If any such suit is instituted and the plaintiff's claim is finally**
established therein, the Collector shall, subject to the provisions of section 12, divide the treasure between
him and the finder.
If no such suit is instituted as aforesaid, or if the claims of the plaintiffs in all such suits are finally
rejected, the Collector shall deliver the treasure to the finder.
**16. Power to acquire the treasure on behalf of Government.—The Collector may, at any time after**
making a declaration under section 9, and before delivering or dividing the treasure as hereinbefore
provided, declare by writing under his hand his intention to acquire on behalf of the Government the
treasure, or any specified portion thereof, by payment to the persons entitled thereto of a sum equal to the
value of the materials of such treasure or portion, together with one-fifth of such value, and may place
such sum in deposit in his treasury to the credit of such persons; and thereupon such treasure or portion
shall be deemed to be the property of Government, and the money so deposited shall be dealt with, as far
as is may be, as if it were such treasure or portion.
**17. Decision of Collector final, and no suit to lie against him for acts done** **_bona fide.—No_**
decision passed or act done by the Collector under this Act shall be called in question by any Civil Court,
and no suit or other proceeding shall lie against him for anything done in good faith in exercise of the
powers hereby conferred.
**18. Collector to exercise powers of Civil Court.—A Collector making any enquiry under this Act**
may exercise any power conferred by the Code of Civil Procedure[1] (14 of 1882) on a Civil Court for the
trial of suits.
**19.** **Power to make rules.—[2][The State Government may, from time to time, make** rules consistent
with this Act, to regulate proceedings hereunder.
Such rules shall, on being published in the Official Gazette, have the force of law.]
3[(2) Every rule made by the State Government under this Act shall be laid, as soon as may
be after it is made, before the State Legislature.]
PENALTIES
**20. Penalty on finder failing to give notice, etc.—If the** finder of any treasure fails to give the
notice, or does not either make the deposit or give the security, required by section 4, or alters or
attempts to alter such treasure so as to conceal its identity, the share of such treasure, or the money
in lieu thereof to which he would otherwise be entitled, shall vest in Government,
and he shall, on conviction before a Magistrate, be punished with imprisonment for a term which may
extend to one year, or with fine, or with both.
1. See now the Code of Civil Procedure, 1908 (5 of 1908).
2. Subs. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-01-2005)
3. Ins. by ibid., s. 2 and the Schedule. (w.e.f. 11-01-2005)
5
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**21. Penalty on owner abetting offence under section 20.—If the owner of the place in which any**
treasure is found abets, within the meaning of the Indian Penal Code (45 of 1860), any offence under
section 20, the share of such treasure, or the money in lieu thereof to which he would otherwise be
entitled, shall vest in Government,
and he shall, on conviction before a Magistrate, be punished with imprisonment which may extend to
six months, or with fine, or with both.
**Maharashtra**
after section 21, the following section be inserted, namely:—
“22. Repeal and savings.—The Hyderabad Treasure-Trove Act, 1322F (Hyd. III of 1322F ), and
the Indian Treasure-trove Act, 1878, as modified and applied by the State of Saurashtra (Application
of Central and Bombay Acts) Ordinance, 1948 (San. Ord. XXV of 1948), are hereby repealed:
Provided that, notwithstanding such repeal, anything done or action taken (including any notice
or security given, any forfeiture, determination, declaration, delivery, division, acquisition or order
made, all rights, obligations and liabilities acquired, accrued or incurred, penalties imposed, and all
proceedings and appeals pending before the Collector, Chief Controlling Revenue Authority,
Talukdar, Subedar, Board of Revenue or other authority, and all powers conferred therefor) by or
under the provisions of any law so repealed shall be deemed to be done, taken given, made, acquired,
accrued, incurred, imposed, pending or conferred, under the provisions of this Act, as if this Act had
then been in force; and accordingly all such proceedings and appeals pending before any such
authority as aforesaid shall stand transferred, where necessary, to the corresponding authority under
this Act; and if no such authority exists or if there be a doubt as to the corresponding authority, to
such authority as the State Government may designate, and shall be continued and disposed of before
such authority in accordance with the provisions of this Act,”.
[Vide Bombay Act XXXIII of 1958, s. 3].
6
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_SCHEDULE.—Rep. by the Repealing and Amending Act, 1891 (12 of 1891), s. 2 and I Schedule._
# _________
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|
9-Nov-1878 | 17 | The Northern Indian Ferries Act, 1878 | https://www.indiacode.nic.in/bitstream/123456789/2287/1/a1878-17.pdf | central | PREAMBLE
SECTIONS
1. Short title.
Local extent.
Commencement
2. [Repealed.].
# THE NORTHERN INDIA FERRIES ACT, 1878
_________
# ARRANGEMENT OF SECTIONS
________
I.—PRELIMINARY
3. Interpretation-clause.
II.—PUBLIC FERRIES
4. Power to declare establish, define and discontinue public ferries.
5. Claims for compensation.
6. Superintendence of public ferries.
7. Management may be vested in municipality.
7A. Management may be vested in District Council or District or Local Board.
8. Letting ferry tolls by auction.
9. Recovery of arrears from lessee.
10. Power to cancel lease.
11. Surrender of lease.
12. Power to make rules.
13. Private ferry not to ply within two miles of public ferry without sanction.
14. Person using approaches, etc., liable to pay toll.
15. Tolls.
16. Table of tolls.
List of tolls.
17. Tolls, rents, compensation and fines are to form part of revenues of State.
18. Compounding for tolls.
III.—PRIVATE FERRIES
19. Power to make rules.
20. Tolls.
IV.—PENALTIES AND CRIMINAL PROCEDURE
21. Penalty for breach of provisions as to table of tolls, list of tolls and return of traffic.
22. Penalty for taking unauthorised toll, and for causing delay.
23. Penalty for breach of rules made under sections 12 and 19.
24. Cancelment of lease on default or breach of rules.
25. Penalties on passengers offending.
-----
SECTIONS
26. Penalty for maintaining private ferry within prohibited limits.
27. Fines payable to lessee.
28. Penalty for rash navigation and stacking of timber.
29. Power to arrest without warrant.
30. Power to try summarily.
31. Magistrate may assess damage done by offender.
V.—MISCELLANEOUS
32. Power to take possession of boats, etc., on surrender or cancellation of lease.
33. Similar power in cases of emergency.
34. Jurisdiction of Civil Courts barred.
35. Delegation of powers.
36. [Repealed.].
-----
# THE NORTHERN INDIA FERRIES ACT, 1878
# ACT NO. 17 OF 1878[1]
An Act to regulate Ferries in Northern India.
[9th November, 1878.]
**Preamble.—WHEREAS it is expedient to regulate ferries in** [2][Uttar Pradesh, Punjab, the Central
Provinces, Assam, Delhi and Ajmer]; It is hereby enacted as follows:—
I.—PRELIMINARY
**1. Short title.—This Act may be called the Northern India Ferries Act, 1878.**
**Local extent.—[3][It extends only to Uttar Pradesh, Punjab, the Central Provinces, Assam, Delhi and**
Ajmer.]
**Commencement.—It shall come into force in each of the said territories on such date as the State**
Government may, by notification in the Official Gazette, fix in this behalf.
**2. [Repeal].—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.**
**3. Interpretation-clause.—In this Act the word “ferry” includes also a bridge of boats, pontoons or**
rafts, a swing-bridge, a flying-bridge and a temporary bridge, and the approaches to, and landing-places
of, a ferry [4][and “Punjab” and “Ajmer” mean the territories which, immediately before the 1st November,
1956, were comprised in the States of Punjab and Ajmer respectively].
II.—PUBLIC FERRIES
**4. Power to declare, establish, define and discontinue public ferries.—The State Government may**
from time to time—
(a) declare what ferries shall be deemed public ferries, and the respective districts in which, for
the purposes of this Act, they shall be deemed to be situate;
(b) take possession of a private ferry and declare it to be a public ferry;
(c) establish new public ferries where, in its opinion, they are needed;
(d) define the limits of any public ferry;
(e) change the course of any public ferry; and
(f) discontinue any public ferry which it deems unnecessary.
Every such declaration, establishment, definition, change or discontinuance shall be made by
notification in the Official Gazette:
1. This Act applies to the Lakhimpur Frontier Tract, and to the Sadiya and Balipara Frontier Tracts in Assam, subject to certain
modifications, see Assam Government notification No. 442-GS & 443-GS, dated 26th January, 1940.
The Act has been extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified).
It has been amended in—
C.P. by Acts 1 of 1883, 12 of 1891, 4 of 1907, C.P. Acts 1 of 1931 and 23 of 1937;
Punjab by Acts 20 of 1883 and 12 of 1891;
U.P. by U.P. Acts 1 of 1914, 29 of 1948 and 8 of 1960 (w.e.f. 22-5-1960).
Sambalpur District by Acts 1 of 1883, 12 of 1891, Ben. Act 1 of 1911 and Orissa Act 6 of 1939; 15 of 1948.
Coorg by Coorg Act 6 of 1940; and
Ajmer by Act 6 of 1945.
Orissa by Orissa Act 23 of 1950.
2. Subs. by the A.O. 1950, for “the United Provinces, East Punjab, the Central Provinces, Assam, Delhi and Ajmer Merwara”.
3. Subs. by the A.O.1948.
4. Added by the Adaptation of Laws (No. 2) Order, 1956.
-----
1[Provided that when a river lies between two States, the powers conferred by this section shall, in
respect of such river, be exercised jointly by the State Governments of those States by notifications in
their respective Official Gazettes [2]***:]
Provided also that, when any alteration in the course or in the limits of a public ferry is rendered
necessary by changes in the river, such alteration may be made, by an order under his hand, by the
Commissioner of the Division in which such ferry is situate, or by such other officer as the State
Government may, from time to time, appoint by name or in virtue of his office in this behalf.
**5. Claims for compensation.—Claims for compensation for any loss sustained by any person in**
consequence of a private ferry being taken possession of under section 4, shall be inquired into by the
Magistrate of the district in which such ferry is situate, or such officer as he appoints in this behalf, and
submitted for the consideration and orders of the State Government.
**6. Superintendence of public ferries.—The immediate superintendence of every public ferry shall,**
except as provided in section 7 [3][and section 7A], be vested in the Magistrate of the district in which such
ferry is situate, or in such other officer as the State Government may, from time to time, appoint by name
or in virtue of his office in this behalf;
and such Magistrate or officer shall, except when the tolls at such ferry are leased, make all necessary
arrangements for the supply of boats for such ferry, and for the collection of the authorised tolls livable
threat.
**7. Management may be vested in municipality.—The State Government may direct that any public**
ferry situate within the limits of a town be managed by the officer or public body charged with the
superintendence of the municipal arrangements of such town;
4[and thereupon that ferry shall be managed accordingly.]
5[7A. Management may be vested in District Council or District or Local Board.—The State
Government may direct that any public ferry wholly or partly within the area subject to the authority of a
District Council or a District Board or a Local Board in the State be managed by that Council or Board,
and thereupon that ferry shall be managed accordingly.]
**6[8. Letting ferry tolls by auction.—The tolls of any public ferry may, from time to time, be let by**
public auction for a term not exceeding five years with the approval of the Commissioner, or by public
auction, or otherwise than by public auction, for any term with the previous sanction of the State
Government.
The lessee shall conform to the rules made under this Act for the management and control of the
ferry, and may be called upon by the officer in whom the immediate superintendence of the ferry is
vested, or, if the ferry is managed by a municipal or other public body under section 7 or section 7A, then
by that body, to give such security for his good conduct and for the punctual payment of the rent as the
officer or body, as the case may be, thinks fit.
When the tolls are put up to public auction, the said officer or body, as the case may be, or the officer
conducting the sale on his or its behalf, may, for reasons recorded in writing, refuse to accept the offer of
the highest bidder, and may accept any other bid, or may withdraw the tolls from auction.]
1. Subs. by Act 38 of 1920, s. 2 and the First Schedule, Pt. I, for the proviso.
2. The words “and in any case where the said Local Governments fail to agree as regards the exercise of any such power they
shall exercise such power subject to the control of the G.G. in C.” omitted by the A.O. 1937.
3. Ins. in the application of the Act to—
The U.P. by the U.P. Local Boards Act, 1883 (U.P Act 14 of 1883), s. 65.
The Punjab by the Punjab District Boards Act, 1883 (Pun. Act 20 of 1883), s. 79.
The C P. by the C.P. Local Self-Government Act, 1883 (1 of 1883), s. 44; and
Assam by the Assam Local Self-Government (Amendment) Act, 1926 (Assam Act 8 of 1926), s. 43.
4. Subs. by the A.O.1937, for the following words:—
“and may further direct that all or any part of the proceeds from such ferry be paid into the municipal fund of such town;
and thereupon such ferry shall be managed, and such proceeds or parts thereof shall be paid, accordingly.”
5. Subs. by the A.O. 1937, for s. 7A.
6. Subs. by Act 3 of 1886, s. 1 for s. 8.
-----
**9. Recovery of arrears from lessee.—All arrears due by the lessee of the tolls of a public ferry on**
account of his lease may be recovered from the lessee or his surety (if any) by the Magistrate of the
district in which such ferry is situate as if they were arrears of land-revenue.
**10. Power to cancel lease.—The State Government may cancel the lease of the tolls of any public**
ferry on the expiration of six months’ notice in writing to the lessee of its intention to cancel such lease.
When any lease is cancelled under this section, the Magistrate of the district in which such ferry is
situate shall pay to the lessee such compensation as such Magistrate may, with the previous sanction of
the State Government, award.
**11. Surrender of lease.—The lessee of the tolls of a public ferry may surrender his lease on the**
expiration of [1]one month’s notice in writing to the State Government of his intention to surrender such
lease, and on payment to the Magistrate of the district in which such ferry is situate of such compensation
as such Magistrate, subject to the approval of the Commissioner, may in each case direct.
**12. Power to make rules.—[2][(1)]** Subject to the control of the State Government, the Commissioner
of a division, or such other officer as the State Government may, from time to time, appoint in this behalf,
by name or in virtue of his office, may, from time to time, [3][by notification in the Official Gazette, make
rules] consistent with this Act—
(a) for the control and the management of all public ferries within such division and for
regulating the traffic at such ferries;
4[(b) for regulating the time and manner at and in which, and the terms on which, the tolls of such
ferries may be let by auction, and prescribing the persons by whom auctions may be conducted;]
(c) for compensating persons who have compounded for tolls payable for the use of any such
ferry when such ferry has been discontinued before the expiration of the period compounded for; and
(d) generally to carry out the purposes of this Act;
and, when the tolls of a ferry have been let under section 8, such Commissioner or other officer may,
from time to time (subject as aforesaid), make additional rules consistent with this Act—
(e) for collecting the rents payable for the tolls of such ferries;
(f) in cases in which the communication is to be established by means of a bridge of boats,
pontoons or rafts, or a swing-bridge, flying-bridge or temporary bridge, for regulating the time and
manner at and in which such bridge shall be constructed and maintained and opened for the passage
of vessels and rafts through the same; and
(g) in cases in which the traffic is conveyed in boats, for regulating (1) the number and kind of
such boats and their dimensions and equipment; (2) the number of the crew to be kept by the lessee
for each boat; (3) the maintenance of such boats continually in good conditions; (4) the hours during
which, and the intervals with in which the lessee shall be bound to ply; and (5) the number of
passengers, animals and vehicles and the bulk and weight of other things, that may be carried in each
kind of boat at one trip.
The lessee shall make such returns of traffic as the Commissioner or other officer as aforesaid may,
from time to time, require.
5[(2) Every rule made under this Act by the Commissioner of a division or the officer appointed by
the State Government shall be laid, as soon as may be after it is made, before the State Legislature.]
1. Read: ‘Three months’ in U.P.—vide U.P. Act 29 of 1948, s. 2.
2. Section 12 renumbered as sub-section (1) thereof by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).
3. Subs. by s. 2 and the Schedule, ibid., for the words “make rules”.
4. Subs. by Act 3 of 1886, s. 1, for clause (b) (w.e.f. 29-1-1886).
5. Ins. by Act 4 of 2005, s. 2 and the Schedule.
-----
**13. Private ferry not to ply within two miles of public ferry without sanction.—[1][Except with the**
sanction of the Magistrate of the district or of such other officer as the State Government may, from time
to time, appoint in this behalf, by name or in virtue of his office, no person shall establish, maintain or
work a ferry to or from any point within a distance of two miles from the limits of a public ferry]:
Provided that, in the case of any specified public ferry, the State Government may, by notification in
the Official Gazette, reduce or increase the said distance of two miles to such extent as it thinks fit:
Provided also that nothing hereinbefore contained shall prevent persons plying between two places,
one of which is without, and one within, the said limits, when the distance between such two places is not
less than three miles, or apply to boats [2][which do not ply for hire or] which the State Government
expressly exempts from the operation of this section[3].
**14. Person using approaches, etc., liable to pay toll.—Whoever uses the approach to, or landing-**
place of, a public ferry is liable to pay the toll payable for crossing such ferry.
**15. Tolls.—[4]Tolls, according to such rates as are, from time to time, fixed by the State Government,**
shall be levied on all persons, animals, vehicles and other things crossing any river by a public ferry and
not employed or transmitted on the public service:
Provided that the State Government may, from time to time, declare that any persons, animals,
vehicles or other things shall be exempt from payment of such tolls.
Where the tolls of a ferry have been let under section 8, any such declaration, if made after the date of
the [5][lease], shall entitle the lessee to such abatement of the rent payable in respect of the tolls as may be
fixed by the Commissioner of the division or such other officer as the State Government may, from time
to time, appoint in this behalf by name or in virtue of his office.
**16. Table of tolls.—The lessee or other person authorised to collect the tolls of any public ferry shall**
affix a table of such tolls, legibly written or printed in the vernacular language and also, if the
Commissioner of the division so directs, in English, in some conspicuous place near the ferry.
List of tolls.—and shall be bound to produce, on demand, a list of the tolls, signed by the Magistrate
of the district or such other officer as he appoints in this behalf.
6[17. Tolls, rents, compensation and fines are to form part of revenues of State.—All tolls, rents,
compensation and fines under this Act (other than tools received by any lessee) shall form part of the
revenues of the State.]
**18. Compounding for tolls.—The State Government may, if it thinks fit, from time to time, fix rates**
at which any person may compound for the tolls payable for the use of a public ferry.
III.—PRIVATE FERRIES
**19. Power to make rules.—The Commissioner of the division may, with the previous sanction of**
the State Government, from time to time, make rules for the maintenance of order and for the safety of
passengers and property at ferries other than public ferries.
**20. Tolls.—The tolls charged at such ferries shall not exceed the highest rates for the time being fixed**
under section 15 for similar public ferries.
1. Subs. by Act 3 of 1886, s. 2, for the first paragraph (w.e.f. 29-1-1886).
2. Ins. by s. 2, ibid. (w.e.f. 29-1-1886).
3. An explanation has been added to section 13 in the C.P. by the Northern India Ferries (C.P. Amendment) Act, 1937 (C.P. 23
of 1937).
4. So much of section 15 is repealed as provides for the exemption from payment of tolls of any persons, animals, vehicles or
[other things exempted by s. 3 of the Indian Tolls (Army and Air Force) Act, 1901 (2 of 1901); see](javascript:fnOpenLinkPopUp('2013','77761');) s. 8 of that Act.
5. Subs. by Act 3 of 1886, s. 1, for “auction” (w.e.f. 29-1-1886).
6. Subs. by the A.O. 1937 for s. 17.
-----
IV.—PENALTIES AND CRIMINAL PROCEDURE
**21. Penalty for breach of provisions as to table of tolls, list of tolls and returns of traffic.—Every**
lessee or other person authorised to collect the tolls of a public ferry, who neglects to affix and keep in
good order and repair the table of tolls mentioned in section 16,
or who willfully removes, alters or defaces such table or allows.
it to become illegible,
or who fails to produce on demand the list of the tolls mentioned in section 16,
and every lessee who neglects to furnish any return required under section 12,
shall be punished with fine which may extend to fifty rupees.
**22. Penalty for taking unauthorised toll, and for causing delay.—Every such lessee or other**
person as aforesaid and any person in possession of a private ferry asking or taking more than the lawful
toll, or without due cause delaying any person, animal, vehicle or other thing, shall be punished with fine
which may extend to one hundred rupees.
**23. Penalty for breach of rules made under sections 12 and 19.—Every person breaking any rule**
made under section 12 or section 19 shall be punished with imprisonment for a term which may extend to
six months, or with fine which may extend to two hundred rupees, or with both.
**24. Concelment of lease on default or breach of rules.—When any lessee of the tolls of a public**
ferry makes default in the payment of the rent payable in respect of such tolls or has been convicted of an
offence under section 23, or, having been convicted of an offence under section 21 or section 22 is again
convicted of an offence under either of those sections,
the Magistrate of the district may, with the sanction of the Commissioner of the division, cancel the
lease of the tolls of such ferry, and make other arrangements for its management during the whole or any
part of the term for which the tolls were let.
**25. Penalties on passengers offending.—Every person crossing by any public ferry, or using the**
approach to, or landing place thereof, who refuses to pay the proper toll, and every person—
who, with intent to avoid payment of such toll, fraudulently or forcibly crosses by any such ferry
without paying the toll, or
who obstructs any toll-collector or lessee of the tolls of a public ferry, or any of his assistants, in any
way in the execution of their duty under this Act, or
who, after being warned by any such toll-collector, lessee or assistant not to do so, goes or takes any
animals, vehicles or other things into any ferry-boat, or upon any bridge, at such a ferry, which is in such
a state or so loaded as to endanger human life or property, or
who refuses or neglects to leave, or remove any animals, vehicles or goods from, any such ferry-boat
or bridge, on being requested by such toll-collector, lessee or assistant to do so,
shall be punished with fine which may extend to fifty rupees.
1[26. Penalty for maintaining private ferry within prohibited limits.—Whoever establishes,
maintains or works a ferry in contravention of the provisions of section 13 shall be punished with fine
which may extend to five hundred rupees, and with a further fine, which may extend to one hundred
rupees for every day during which the ferry is maintained or worked in contravention of those
provisions.]
**27. Fines payable to lessee.—Where the tolls of any public ferry have been let under the provisions**
hereinbefore contained, the whole or any portion of any fine realised under section 25 or section 26 may,
1. Subs. by Act 3 of 1886, s. 2, for section 26.
-----
notwithstanding anything contained in section 17, be at the discretion of the convicting Magistrate or
Bench of Magistrates, paid to the lessee.
**28. Penalty for rash navigation and stacking of timber.—Whoever navigates, anchors, moors or**
fastens any vessel or raft, or stacks any timber, in a manner so rash or negligent as to damage a public
ferry, shall be punished with imprisonment for a term which may extend to three months, or with fine
which may extend to five hundred rupees, or with both; and the toll-collector or lessee of the tolls of such
ferry or any of his assistants, may seize and detain such vessel, raft or timber pending the inquiry and
assessment hereinafter mentioned.
**29. Power to arrest without warrant.—The police may arrest without warrant any person**
committing an offence against section 25 or section 28.
**30. Power to try summarily.—Any Magistrate or Bench of Magistrates having summary jurisdiction**
under Chapter XVIII of the [1]Code of Criminal Procedure may try any offence against this Act in manner
provided by that Chapter.
**31. Magistrate may assess damage done by offender.—Every Magistrate or Bench of Magistrates**
trying any offence under this Act may enquire into and assess the value of the damage (if any) done or
caused by the offender to the ferry concerned, and shall order the amount of such value to be paid by him
in addition to any fine imposed upon him under this Act; and the amount so ordered to be paid shall be
leviable as if it were a fine, or when the offence is one under section 28, by the sale of the vessel, raft or
timber causing the damage and of any thing found in or upon such vessel or raft.
The Commissioner of the division may, on the appeal of any person deeming himself aggrieved by an
order under this section, reduce or remit the amount payable under such order.
V.—MISCELLANEOUS
**32. Power to take possession of boats, etc., on surrender or cancellation of lease.—When the**
lease of the tolls of any ferry is surrendered under section 11 or cancelled under section 24, the Magistrate
of the district may take possession of all boats and their equipment, and all other material and appliances,
used by the lessee for the purposes of such ferry, and use the same (paying such compensation for the use
thereof as the State Government may in each case direct) until such Magistrate can conveniently procure
proper substitutes therefor.
**33. Similar power in cases of emergency.—When any boats or their equipment, or any materials or**
appliances suitable for setting up a ferry, are emergently required for facilitating the transport of officers
or troops of [2][the Government of India] on duty, or of any other persons on the business of Government,
or of any animals, vehicles or baggage belonging to such officers, troops or persons, or of any property of
Government, the Magistrate of the district may take possession of and use the same (paying such
compensation for the use thereof as [3][the Central Government (where the transport is in connection with
the affairs of the Central Government) and the State Government in other cases] may in each case direct)
until such transport is completed.
**34. Jurisdiction of Civil Courts barred.—No suit to ascertain the amount of any compensation**
payable, or abatement of rent allowable under this Act shall be cognizable by any Civil Court.
**35. Delegation of powers.—The State Government may, from time to time, delegate, under such**
restrictions as it thinks fit any of the powers conferred on it by this Act to any Commissioner of a division
or Magistrate of a district, or to such other officer as it thinks fit, by name or by virtue of his office.
**36.** [Validation of proceedings since repeal of Regulation VI _of 1819_ _in Punjab].—Rep. by the_
_Repealing and Amending Act, 1891 (12 of 1891), s. 2 and the First Schedule, Pt. I._
1. See now the Code of Criminal Procedure, 1898 (5 of 1974), Ch. 22.
2. Subs. by the A.O. 1950, for “Her Majesty”.
3. Subs by the A.O. 1937 for “the L. G.”.
-----
|
29-Oct-1879 | 17 | The Dekkhan Agriculturists' Relief Act, 1879 | https://www.indiacode.nic.in/bitstream/123456789/19144/1/A1879-17.pdf | central | THE DEKKHAN AGRICULTURISTS’ RELIEF ACT, 1879
______
ARRANGEMENT OF SECTIONS
__________
SECTIONS
# 1. Short title.
# Commencement. Local Extant.
2. [Repealed.]. 3. [Repealed.]. 4. [Repealed.]. 5. [Repealed.]. 6. [Repealed.]. 7. [Repealed.]. 8. [Repealed.]. 9. [Repealed.]. 10. [Repealed.]. 11. Agriculturists to be sued where they reside. 12. [Repealed.]. 13. [Repealed.]. 14. [Repealed.]. 15. [Repealed.]. 16. [Repealed.]. 17. [Repealed.]. 18. [Repealed.]. 19. [Repealed.]. 20. [Repealed.]. 21. [Repealed.]. 22. [Repealed.]. 23. [Repealed.]. 24. [Repealed.]. 25. [Repealed.]. 26. [Repealed.]. 27. [Repealed.]. 28. [Repealed.]. 29. [Repealed.]. 30. [Repealed.].
1
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# 31. [Repealed.]. 32. [Repealed.]. 33. [Repealed.]. 34. [Repealed.]. 35. [Repealed.]. 36. [Repealed.]. 37. [Repealed.]. 38. [Repealed.]. 39. [Repealed.]. 40. [Repealed.]. 41. [Repealed.]. 42. [Repealed.]. 43. [Repealed.]. 44. [Repealed.]. 45. [Repealed.]. 46. [Repealed.]. 47. [Repealed.]. 48. [Repealed.]. 49. [Repealed.]. 50. [Repealed.]. 51. [Repealed.]. 52. [Repealed.] 53. [Repealed.]. 54. [Repealed.]. 55. [Repealed.]. 56. Instruments executed by agriculturist not to be deemed valid unless executed before a
Village-registrar.
57. [Repealed.]. 58. [Repealed.]. 59. [Repealed.]. 60. Registration under this Act to be deemed equivalent to registration under Indian
Registration Act, 1877.
61. [Repealed.]. 62. Exemption of instruments to which the Government or any officer of the Government is a
party.
———
2
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# THE DEKKHAN AGRICULTURISTS’ RELIEF ACT, 1879
# ACT NO. 17 OF 1879
# [29th, October, 1879.]
# An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan.
# Preamble.—WHEREAS it is expedient to relieve the agricultural classes in certain parts of the
# Dekkhan from indebtedness; It is hereby enacted as follows:—
# 1. Short title.—This Act may be cited as the [1]Dekkhan Agriculturists' Relief Act, 1879: and
# Commencement.—it shall come into force on the first day of November, 1879.
# Local extent.—[2][This section and] sections 11, 56, 60 and 62 extend to [3][the whole of India
except [4][the territories which, immediately before the 1st November, 1956, were comprised in Part B States]]. The rest of this Act [5]extends only to the districts of Poona, Satara, Sholapur and Ahmednagar [6][but may, from time to time, be extended wholly or in part by the State Government [7]*** to any other district or districts in the [8][territories which, immediately before the 1st November, 1956, were comprised in the State of Bombay,]] [9][or to any part or parts of any other such district or districts].
# * * *
# 2. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced._
1. Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists' Relief Acts, 1879 to 1882—
_see s. 1(1) of the Dekkhan Agriculturists' Relief Act, 1882 (22 of 1882). The Acts of 1879 to 1882 and Act 23 of 1886 may be_
cited collectively as the Dekkhan Agriculturists' Relief Acts, 1879 to 1886—see s. 1(1) of the Dekkhan Agriculturists' Relief
Act, 1886 (23 of 1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the Dekkhan Agriculturists'
Relief Acts, 1879 to 1895—see s. 1(1) of the Dekkhan Agriculturists' Relief Act, 1895 (6 of 1895). The Acts of 1879 to 1895
and Bom. Act 1 of 1902 may be cited collectively as the Dekkhan Agriculturists' Relief Acts, 1876 to 1902—see s. 1(1) of the
Dekkhan Agriculturists' Relief Act, 1902 (Bom. 1 of 1902).
2. These words were inserted by Act 23 of 1881, Section 3, and are to be deemed to have always been inserted.
3. Subs. by the A.O. 1950, for “all the Provinces of India”.
4. Subs by the A.L.O., 1956 for “Part B States”.
5. The Act was repealed in the State of Bombay, with effect from 27-5-1950 by the Bombay Agricultural Debtors' Relief Act, 1947
Bom. 28 of 1947), s. 56 as amended. Hence the part applicable to that State only has not been reproduced.
6. Ins. by Act 23 of 1886, s. 3.
7. The words “with the previous sanction of the G.G. in C.” rep. by Act 38 of 1920, s. 2 and Schedule I.
8. Subs. by 2 A.L.O., 1956, for “State of Bombay” (w.e.f. 1-11-1956).
9. Ins. by Act 23 of 1886, s. 3.
3
-----
# 3. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 4. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 5. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 6. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 7. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 8. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 9. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 10. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 11. Agriculturists to be sued where they reside.—Every suit of the description mentioned in
Section 3, clause (w)[1], may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.
1. Reproduced below:—
“(w) suits for the recovery of money alleged to be due to the plaintiff—
on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or
on an account stated between the plaintiff and defendant, or
on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.
4
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Every such suit in which there are several defendants who are agriculturists may be instituted and tried
in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not
elsewhere.
Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the [1]Code of Civil Procedure.
# [* * *]
# 12. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 13. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 14. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 15. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 16. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 17. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 18. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 19. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 20. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
1. See now Act 5 of 1908.
5
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# 21. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 22. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 23. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 24. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_ [[34][* * *]](https://www.scconline.com/Members/BrowseResult.aspx#FN0034)
# 25. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 26. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 27. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 28. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 29. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 30. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
6
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# 31. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 32. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 33. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 34. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 35. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 36. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 37. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 38. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 39. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 40. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
7
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# 41. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 42. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 43. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 44. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 45. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 46. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 47. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 48. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 49. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 50. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
8
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# 51. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 52. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 53. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 54. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 55. Repealed.—[Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 56. Instruments executed by agriculturist not to be deemed valid unless executed before
a Village-registrar.—No instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a Village-registrar:
Provided that nothing herein contained shall prevent the admission of any instrument in
evidence in any criminal proceeding, [1][or apply to any instrument which is executed by an agriculturist merely as a surety,] [2][or to any instrument required by Section 17 of the [3]Indian Registration Act, 1877 (3 of 1877), to be registered under that Act.]
# [* * *]
1. Ins. by Act 23 of 1881, s. 12.
2. Ins. by Act 23 of 1886, s. 9.
3. See now the Indian Registration Act, 1908 (16 of 1908).
9
-----
# 57. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 58. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 59. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 60. Registration under this Act to be deemed equivalent to registration under Indian
Registration Act, 1877.—Every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the [1]Indian Registration Act, 1877 (3 of 1877); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.
# [* * *]
# 61. Repealed.— [Rep. by the State of Bombay, with effect from the 27th May, 1950 by the Bombay
_Agricultural Debtors' Relief Act, 1947 (Bom. 28 of 1947), s. 56 was amended. Hence the part applicable to_
_that State only has not been reproduced.]_
# 62. Exemption of instruments to which the Government or any officer of the Government
is a party.—Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar[2].
# [* * *]
———
1. See now the Indian Registration Act, 1908 (16 of 1908.
2. The words “or any Society registered under the Co-operative Credit Societies Act, 1904” ins. by Bom. Act 1 of 1910 were rep. by
Bom. Act 1 of 1912.
10
-----
|
29-Oct-1879 | 18 | The Legal Practitioners Act, 1879 | https://www.indiacode.nic.in/bitstream/123456789/2288/5/a1879-18_.pdf | central | PREAMBLE
SECTIONS
1. [Repealed.].
2. [Repealed.].
3. [Repealed.].
4. [Repealed.].
5. [Repealed.].
6. [Repealed.].
7. [Repealed.].
8. [Repealed.].
9. [Repealed.].
10. [Repealed.].
11. [Repealed.].
12. [Repealed.].
13. [Repealed.].
14. [Repealed.].
15. [Repealed.].
16. [Repealed.].
17. [Repealed.].
18. [Repealed.].
19. [Repealed.].
20 [Repealed.].
21.[Repealed.].
# THE LEGAL PRACTITIONERS ACT, 1879
__________
# ARRANGEMENT OF SECTIONS
__________
CHAPTER I
PRELIMINARY
CHAPTER II
OF ADVOCATES, VAKILS AND ATTORNEYS
CHAPTER III
OF PLEADERS AND MUKHTARS
CHAPTER IV
OF REVENUE-AGENTS
1
-----
SECTIONS
22. [Repealed.].
23. [Repealed.].
24. [Repealed.].
25. [Repealed.].
26. [Repealed.].
CHAPTER V
OF CERTIFICATES
CHAPTER VI
OF THE REMUNERATION OF PLEADERS, MUKHTARS AND REVENUE-AGENTS
27. [Repealed.].
28. [Repealed.].
29. [Repealed.].
30. [Repealed.].
31. [Repealed.].
CHAPTER VII
PENALTIES
32. [Repealed.].
33. [Repealed.].
34. [Repealed.].
35. [Repealed.].
36. [Repealed.].
CHAPTER VIII
MISCELLANEOUS
37. [Repealed.].
38. [Repealed.].
39. [Repealed.].
40. [Repealed.].
41. [Repealed.].
42. [Repealed].
THE FIRST SCHEDULE.—[Repealed.].
THE SECOND SCHEDULE.—VALUE OF STAMPS FOR CERTIFICATES.
2
-----
# THE LEGAL PRACTITIONERS ACT, 1879
ACT NO. 18 OF 1879[1]
[29th October, 1879.]
# An Act to consolidate and amend the law relating to Legal Practitioners.
**Preamble.—WHEREAS it is expedient to consolidate and amend the law relating to**
Legal Practitioners in [2][certain Provinces, and to empower the Provincial Government of
every other Province to extend thereto] such portions of this Act as such Government may
think fit; It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1.** [Short title. commencement.] _Rep. by the Advocates (Amendment) Act,_ 2023 (33 _of_ 2023),
_s. 3 (w.e.f. 30-9-2024).]._
**2.** [Repeal of enactments .] _Rep. by the Repealing Act,_ 1938 (1 of 1938), _s._ 2 _and_
_Schedule._
**3. [Interpretation-clause.]** _Rep. by the Advocates (Amendment) Act,_ 2023 (33 _of 2023),_ _s._ 3
(w.e.f. 30-9-2024).]
CHAPTER II
OF ADVOCATES, VAKILS AND ATTORNEYS
**4.** [Advocates and Vakils.] _Rep. by the Advocates Act,_ 1961 (25 _of_ 1961), _s._ 50 (3)
(w.e.f. 15-6-2011).
**5. [Attorneys of High Court.] Rep. by s. 50(3),** ibid. (w.e.f. 15-6-2011).
CHAPTER III
OF PLEADERS AND MUKHTARS
**6. [Powers to make rules as to qualifications, etc., of pleaders and mukhtars. Publication of rules.]**
_Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (2) (w.e.f. 1-12-1961)._
**7.** [Certificates to pleaders and mukhtars.] Rep. by s. 50 (2), ibid. (w.e.f. 1-12-1961).
**8.** [Pleaders on enrolment may practise in Courts and revenue-offices.] _Rep. s._ 50 (5), ibid.
(w.e.f. 15-6-2011).
**9.** [Mukhtars on enrolment may practise in Courts.] _Rep. by_ _s._ 50 (5), ibid.
(w.e.f. 15-6-2011).
1. This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941). It has been declared to be in force in the Angul
District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch., and also by notification under s. 3 of the Scheduled
Districts Act, 1874 (14 of 1874), in the Districts of Hazaribagh, Lohardaga and Manbhum and Pargana Dhalbhum and the
Kolhan in the District of Singbhum, see Gazette of India, 1881, Pt. I, p. 504. The District of Lohardaga (now called the Ranchi
District, see Calcutta Gazette, 1889, Pt. I, p. 44) included at this time the District of Palamau, which was separated in 1894.
It has been amended in its application to—
Bengal by Ben. Act 5 of 1942 ;
C. P. and Berar by C. P. & Berar Act 25 of 1939;
Madras by Mad. Acts 3 of 1943, 14 of 1944, 9 of 1947, 17 of 1950 and 12 of 1960;
Orissa by Orissa Act 6 of 1938; and
U. P. by U.P. Acts 4 of 1925 and 4 of 1936.
The Act has not been extended to the State of Manipur, vide Act 30 of 1950, s. 3 and Sch. I as amended by Act 68 of 1956.
The Act has been extended to the whole of Madhya Pradesh by M.P. Act 23 of 1958 (when notified) and to transferred
territories in Punjab by Punjab Act 41 of 1960.
2. Subs. by the A. O. 1948, for “the Lower Provinces of Bengal, the North-Western Provinces, the Punjab, Oudh, the Central
Provinces and Assam, and to empower each of the Local Governments of the rest of British India to extend to the territories
administered by it”.
3
-----
**10.** [No person to practise as pleader or mukhtar unless qualified.] Rep. by s. 50 (3), ibid.
(w.e.f. 15-6-2011).
**11. [Power to declare functions of mukhtars.] Rep. by s. 50 (5), ibid.** (w.e.f. 15-6-2011).
**12. [Suspension and dismissal of pleaders and mukhtars convicted of criminal offence.] Rep by**
_s. 50 (4), ibid. (w.e.f 1-9-1963)._
**13. [Suspension and dismissal of pleaders and mukhtars guilty of unprofessional conduct.] Rep. by s.**
50 (4), ibid. (w.e.f. 1-9-1963).
**14.** [Procedure when charge of unprofessional conduct is brought in Court or revenue office.
_Suspension pending investigation.] Rep. by the Advocates Act,_ 1961 (25 _of_ 1961), _s._ 50 (4)
_(w.e.f. 1-9-1963)._
**15.** [Power to call for record in case of acquittal under section 14.] _Rep. by s._ 50 (4), ibid.
(w.e.f. 1-9-1963).
**16.** [Power to make rules for mukhtars on appellate side of High Court.] _Rep. by s._ 50 (5), ibid.
_(w.e.f. 15-6-2011)._
CHAPTER IV
OF REVENUE-AGENTS
**17.** [Power to make rules as to qualifications, etc., of revenue-agents.] _Rep. by the Advocates Act,_
1961 (25 of 1961), s. 50 (5) (w.e.f. 15-6-2011).
**18. [Certificates to revenue-agents.] Rep. by s. 50** (2), ibid. (w.e.f. 1-12-1961).
**19. [Enrolment of revenue-agent.] Rep. by s. 50 (5), ibid.** (w.e.f. 15-6-2011).
**20.** [No person to act as agent in revenue-offices unless qualified.] _Rep. by s._ 50 (3), ibid.
(w.e.f. 15-6-2011).
**21.** [Dismissal of revenue-agent convicted of criminal offence.] _Rep. by s. 50(4),_ ibid.
(w.e.f. 1-9-1963).
**22.** [Suspension and dismissal of revenue-agents guilty of unprofessional conduct.] Rep. by
_s. 50(4), ibid._ _(w.e.f. 1-9-1963)._
**23.** [Procedure when revenue-agent is so charged in subordinate office.] Rep. by
_s. 50 (4),_ ibid. (w.e.f. 1-9-1963).
**24.** [Power to Chief Controlling Revenue-authority to call for record.] _Rep. by_ _s._ 50 (4), _ibid._
(w.e.f. 1-9-1963).
CHAPTER V
OF CERTIFICATES
**25.** [Fee for certificates.] Rep. by the Advocates Act, 1961 (25 _of_ 1961), _s._ 50 (5)
(w.e.f. 15-6-2011).
**26. [Dismissed practitioners to surrender certificates.] Rep. by s. 50(5), ibid.** (w.e.f. 15-6-2011).
CHAPTER VI
OF THE REMUNERATION OF PLEADERS, MUKHTARS AND REVENUE-AGENTS
**27. [High Court and Chief Controlling Revenue-authority to fix fees on civil and revenue-**
_proceedings.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 (5)_ (w.e.f. 15-6-2011).
**28. [Agreements with clients.] Rep. by the Legal Practitioners (Fees) Act, 1926 (21 of 1926), s. 6.**
**29. [Power to modify or cancel agreements.] Rep. by s. 6,** ibid.
**30. [Agreements to exclude further claims.] Rep. by s. 6,** ibid.
4
-----
**31. [Reservation of responsibility for negligence.] Rep. by s. 6, ibid.**
CHAPTER VII
PENALTIES
**32.** [On persons illegally practising as pleaders, mukhtars or revenue-agents.] Rep. by the
_Advocates Act, 1961 (25 of 1961), s. 50 (5)_ (w.e.f. 15-6-2011).
**33.** [On suspended or dismissed pleader, etc., failing to deliver certificate.] Rep. by the
_Advocates Act, 1961 (25 of 1961), s. 50 (5)_ (w.e.f. 15-6-2011).
**34.** [On suspended or dismissed practitioner practising during suspension or after
_dismissal.] Rep. by s. 50 (5), ibid. (w.e.f. 15-6-2011)._
**35. [Revision of fines.] Rep. by s. 50 (5), ibid.** (w.e.f. 15-6-2011).
**36.** [Power to frame and publish lists of touts .] _Rep. by the Advocates (Amendment) Act, 2023_
(33 of 2023), s. 3 (w.e.f. 30-9-2024).
CHAPTER VIII
MISCELLANEOUS
**37. [State Government to appoint examiners.] Rep. by the Advocates Act, 1961 (25 of 1961), s. 50(2)**
(w.e.f. 1-12-1961).
**38.** [Exemption of High Court practitioners from certain parts of Act.] _Rep. by s._ 50 (5), ibid.
(w.e.f. 15-6-2011).
**39.** [Suspension or dismissal of person holding mukhtar and revenue-agent’s certificate.] Rep. by the
_Advocates Act, 1961 (25 of 1961), s. 50(4) (w.e.f. 1-9-1963)._
**40. [Pleaders, etc., not to be suspended or dismissed without being heard.] Rep. by s.** 50(4), ibid.
(w.e.f. 1-9-1963).
**41. [Power for certain High Courts to enrol advocates.] Rep. by s. 50 (5), ibid. (w.e.f. 15-6-2011).**
**42. [Repeal of Chapter VI of Bom. Reg. II of 1827 and Acts 1 of 1846 and 20 of 1853.]** _Rep. by the_
_Repealing Act, 1938 (1 of 1938),_ _s. 2 and Sch._
5
-----
_FIRST SCHEDULE.—[Enactments repealed.]_ _Rep. by the Repealing Act,_ 1938 (1 _of_ 1938),
_s._ 2 and Schedule.
6
-----
SECOND SCHEDULE
(See Section 25)
VALUE OF STAMPS FOR CERTIFICATES
I
For a certificate authorizing the holder to practise as a pleader—
(a) in the High Court and any subordinate Court—rupees fifty:
(b) in any Court of Small Causes in a Presidency-town—rupees twenty-five:
(c) in all other subordinate Courts—rupees twenty-five:
(d) in the Courts of Subordinate Judges, Munsifs, Assistant Commissioners, Extra Assistant
Commissioners and Tahsildars, in Courts of Small Causes outside the Presidency-towns and in all
Criminal Courts subordinate to the High Court—rupees fifteen:
(e) in the Courts of Munsifs and any Civil or Criminal Court of first instance not hereinbefore
specifically mentioned—rupees five.
II
For a certificate authorizing the holder to practise as a mukhtar—
(f) in the High Court and any subordinate Court—rupees twenty-five:
(g) in any Court of Small Causes in a Presidency-town—rupees fifteen:
(h) in all other subordinate Courts—rupees fifteen:
(i) in the Courts of Subordinate Judges, Munsifs, Assistant Commissioners, Extra
Assistant Commissioners and Tahsildars, in Courts of Small Causes outside the
Presidency-towns and in all Criminal Courts subordinate to the High Court--rupees ten:
(j) in the Courts of Munsifs and any Civil or Criminal Court of first instance not hereinbefore
specifically mentioned—rupees five.
III
For a certificate authorising the holder to practise as a revenue-agent—
(k) in the office of the Chief Controlling Revenue-authority and in any revenue-office
subordinate to such authority— rupees fifteen:
(l) in the office of a Commissioner and in any revenue-office subordinate to a Commissioner—
rupees ten:
(m) in the office of a Collector and in any revenue-office subordinate to a Collector—
rupees five.
____________
7
-----
|
9-Jul-1880 | 12 | The Kazis Act, 1880 | https://www.indiacode.nic.in/bitstream/123456789/2290/1/a1880-12.pdf | central | # THE KAZIS ACT, 1880
_________
# ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title.
Local extent.
2. Power to appoint Kazis for any local area.
3. Naib Kazis.
4. Nothing in Act to confer judicial or administrative powers; or to render the presence of Kazi
necessary; or to prevent any one acting as Kazi.
-----
# THE KAZIS ACT, 1880
# ACT NO.12 OF 1880[1]
An Act for the appointment of persons to the Office of Kazi’.
[9th July, 1880.]
WHEREAS by the preamble to Act No. 11 of 1864[2] (An Act to repeal the law relating to the offices of
_Hindu and Muhammadan Law officers and to the offices of Kazi’-ul-Kuzaat and of Kazi’, and to abolish_
_the former offices) it was (among other things) declared that it was declared that it was inexpedient that_
the appointment of the Kazi-ul-Kuzaat, or of City, Town or Pargana Kazi’s should be made by the
Government, and by the same Act the enactments relating to the appointment by the Government of the
said officers were repealed; and whereas by the usage of the Muhammadan community in some parts of
3[India] the presence of Kazi’s appointed by the Government is required at the celebration of marriages
and the performance of certain other rites and ceremonies, and it is therefore expedient that the
Government should again be empowered to appoint persons to the office of Kazi; It is hereby enacted as
follows:—
**1. Short title.—This Act may be called the Kazi’s Act, 1880;**
4* - - -
**Local extent.—It extends, in the first instance, only to the territories administered by the Governor of**
Fort Saint George in Council. [5][But the Government of any other State] may, from time to time, by
notification in the Official Gazette, extend it to the whole or any part of the territories under its
administration.[6]
**2. Power to appoint Kazi’s for any local area.—Wherever it appears to the State Government that**
any considerable number of the Muhammadans resident in any local area desire that one or more Ka’zi’s
should be appointed for such local area, the State Government may, if it thinks fit, after consulting the
principal Muhammadan residents of such local area, select one or more fit persons and appoint him or
them to be Kazi’s for such local area.
If any question arises whether any person has been rightly appointed Kazi’ under this section, the
decision thereof by the State Government shall be conclusive.
The State Government may, if it thinks fit, suspend or remove any Kazi’ appointed under this section
who is guilty of any misconduct in the execution of his office, or who is for a continuous period of six
months absent from the local area for which he is appointed, or leaves such local area for the purpose of
residing elsewhere, or is declared an insolvent, or desires to be discharged from the office, or who refuses
or becomes in the opinion of the State Government unfit, or personally incapable, to discharge the duties
of the office.
1. The Act has been extended to the Union territory of Lakshadweep by Reg. 2 of 1970, s. 2 and the Schedule (w.e.f. 15-10-1970)
and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and the Schedule.
2. Rep.by Act 8 of 1868.
3. Subs. by the A.O. 1950, for “the Provinces”.
4. The words “and it shall come into force at once” omitted by Act 10 of 1914, s. 3and II Schedule.
5. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “But the Government of any other Part A State or the Government of a
Part C State”.
6. The Act has been extended to certain places in the Bombay Presidency, West Bengal, the U.P., the Punjab, the C.P. and
Assam.
-----
**3. Naib Kazi’s.—Any Kazi’ appointed under this Act may appoint one or more persons as his Naib**
or Naibs to act in his place in all or any of the matters appertaining to his office throughout the whole or
in any portion of the local area for which he is appointed, and may suspend or remove any naib so
appointed.
When any Kazi’ is suspended or removed under section 2, his naib or naibs (if any) shall be deemed
to be suspended or removed, as the case may be.
**4. Nothing in Act to confer judicial or administrative powers; or to render the presence of**
**Kazi’s necessary; or to prevent any one acting as Kazi’s.—Nothing herein contained, and no**
appointment made hereunder, shall be deemed—
(a) to confer any judicial or administrative powers on any Kazi’ or Naib Kazi’ appointed
hereunder; or
(b) to render the presence of a Kazi’ or Naib Kazi’ necessary at the celebration of any marriage or
the performance of any rite or ceremony; or
(c) to prevent any person discharging any of the functions of a Kazi’.
__________
-----
|
9-Oct-1880 | 01 | The Religious Societies Act, 1880 | https://www.indiacode.nic.in/bitstream/123456789/2289/1/a1880-1.pdf | central | # THE RELIGIOUS SOCIETIES ACT, 1880
_________
# ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title.
Local extent.
2. Appointment of new trustee in cases not otherwise provided for.
3. Appointment under section 2 to be recorded in a memorandum under the hand of the chairman of
the meeting.
4. Property to vest in new trustees without conveyance.
5. Saving of existing modes of appointment and conveyance.
6. Provision for dissolution of societies and adjustment of their affairs.
7. Upon a dissolution no member to receive profit.
8. Saving of certain provisions of instruments.
9. Questions may be submitted to High Court.
The Schedule.
-----
# THE RELIGIOUS SOCIETIES ACT, 1880
# ACT NO. 1 OF 1880[1]
An Act to confer certain powers on Religious Societies.
[9th January, 1880.]
WHEREAS it is expedient to simplify the manner in which certain bodies of persons associated for the
purpose of maintaining religious worship may hold property acquired for such purpose, and to provide for
the dissolution of such bodies and the adjustment of their affairs and for the decision of certain questions
relating to such bodies; It is hereby enacted as follows:—
**1. Short title.—This Act may be called the Religious Societies Act, 1880.**
**Local extent.—It** [2]*** shall extend to the whole of India except [3][the territories which, immediately
before the 1st November, 1956, were comprised in Part B States],
but nothing herein contained shall apply to any Hindus, Muhammadans or Buddhists, or to any
persons whom the State Government may from time to time, by notification in the Official Gazette,
exclude from the operation of this Act.
**2. Appointment of new trustee in cases not otherwise provided for.—When any body of persons**
associated for the purpose of maintaining religious worship has acquired, or hereafter shall acquire, any
property,
and such property has been or hereafter shall be vested in trustees in trust for such body,
and it becomes necessary to appoint a new trustee in the place of or in addition to any such trustee or
any trustee appointed in the manner hereinafter prescribed,
and no manner of appointing such new trustee is prescribed by any instrument by which such property
was so vested or by which the trusts on which it is held have been declared, or such new trustee cannot
for any reason be appointed in the manner so prescribed,
such new trustee may be appointed in such manner as may be agreed upon by such body, or by a
majority of not less than two-thirds of the members of such body actually present at the meeting at which
the appointment is made.
**3. Appointment under section 2 to be recorded in a memorandum under the hand of the**
**chairman of the meeting.—Every appointment of new trustees under section 2 shall be made to appear**
by some memorandum under the hand of the chairman for the time being of the meeting at which such
appointment is made.
Such memorandum shall be in the form set forth in the Schedule hereto annexed, or as near thereto as
circumstances allow, shall be executed and attested by two or more credible witnesses in the presence of
such meeting, and shall be deemed to be a document of which the registration is required by the Indian
Registration Act, 1877[4] (3 of 1877), section 17.
1. The Act has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule
(w.e.f. 1-7-1965) and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and the Schedule.
2. The words “shall come into force at once, and” omitted by Act 10 of 1914, s. 3 and the Second Schedule.
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
4. See now the Indian Registration Act, 1908 (16 of 1908).
-----
**4. Property to vest in new trustees without conveyance.—When any new trustees have been**
appointed, whether in the manner prescribed by any such instrument as aforesaid or in the manner
hereinbefore provided, the property subject to the trust shall forthwith, notwithstanding anything
contained in any such instrument, become vested, without any conveyance or other assurance, in such
new trustees and the old continuing trustees jointly, or, if there are no old continuing trustees, in such new
trustees wholly, upon the same trusts, and with and subject to the same powers and provisions, as it was
vested in the old trustees.
**5. Saving of existing modes of appointment and conveyance.—Nothing herein contained shall be**
deemed to invalidate any appointment of new trustees, or any conveyance of any property, which may
hereafter be made as heretofore was by law required.
**6. Provision for dissolution of societies and adjustment of their affairs.—Any number not less**
than three-fifths of the members of any such body as aforesaid may at a meeting convened for the purpose
determine that such body shall be dissolved; and thereupon it shall be dissolved forthwith, or at the time
then agreed upon; and all necessary steps shall be taken for the disposal and settlement of the property of
such body, its claims and liabilities, according to the rules of such body applicable thereto, if any, and, if
not, then as such body at such meeting may determine:
Provided that, in the event of any dispute arising among the members of such body, the adjustment of
its affairs shall be referred to the principal Court of original civil jurisdiction of the district in which the
chief building of such body is situate; and the Court shall make such order in the matter as it deems fit.
**7. Upon a dissolution no member to receive profit.—If upon the dissolution of any such body**
there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall
not be paid to or distributed among the members of such body or any of them, but shall be given to some
other body of persons associated for the purpose of maintaining religious worship or some other religious
or charitable purpose to be determined by the votes of not less than three-fifths of the members present at
a meeting convened in this behalf, or in default thereof by such Court as last aforesaid.
**8. Saving of certain provisions of instruments.—Nothing in sections 6 and 7 shall be deemed to**
affect any provision contained in any instrument for the dissolution of such body, or for the payment or
distribution of such property.
**9. Questions may be submitted to High Court.—When any question arises, either in connection**
with the matters hereinbefore referred to, or otherwise, as to whether any person is a member of any such
body as aforesaid, or as to the validity of any appointment under this Act, any person interested in such
question may apply by petition to the High Court for its opinion on such question. A copy of such petition
shall be served upon, and the hearing thereof may be attended by, such other persons interested in the
question as the Court thinks fit.
Any opinion given by the Court on an application under this section shall be deemed to have the force
of a declaratory decree[1].
The costs of every application under this section shall be in the discretion of the Court.
1. As to effect of a declaratory decree, see the Specific Relief Act 1963, s. 35.
-----
THE SCHEDULE
(See section 3)
Memorandum of the appointment of the new trustees of the (describe the church, chapel, or other
_buildings and property) situate_
at a meeting duly convened and held for that purpose (in the vestry of the said ) on the
day of 18 , A.B. of Chairman.
Names and descriptions of all the trustees on the constitution or last appointment of trustees, made the
day of
(here insert the same)
Names and descriptions of all the trustees in whom the said (chapel and property) now become
legally vested,
_First—Old continuing trustees:—_
(here insert the same)
_Seconds.—New trustees now chosen and appointed:—_
(here insert the same)
Dated this day of 18
Signed by the said A.B. as Chairman of the said Meeting, _A.B.,_
at and in the presence of the said Meeting on the day and year _Chairman of the_
aforesaid in the presence of— _said Meeting._
C.D.
E.F.
__________
-----
|
8-Jun-1881 | 18 | The Central Provinces Land-Revenue Act, 1881 | https://www.indiacode.nic.in/bitstream/123456789/19215/1/A1881-18.pdf | central | PREAMBLE.
SECTIONS.
## THE CENTRAL PROVINCES LAND-REVENUE ACT, 1881
____________
## ARRANGEMENT OF SECTIONS
__________
**PART I**
______
CHAPTER I.
## PRELIMINARY
1. Short title.
Local extent.
Commencement.
2. Enactments repealed.
3. Pending proceedings.
4. Interpretation-clause.
**______**
**PART II**
_______
CHAPTER II.
## OF REVENUE-OFFICERS: THEIR POWERS AND PROCEDURE.
5. Chief Controlling Revenue-authority.
6. Revenue-officers.
7. Appointment, suspension and removal of Commissioners, Deputy and Assistant Commissioners.
8. Appointment, suspension and removal of Tahsildars and Naib Tahsildars.
9. Persons holding office when Act comes into force.
10. Power to appoint additional Commissioners, Deputy Commissioners and Tahsildars.
11. Chief Commissioner may invest Assistant Commissioner with powers of Deputy Commissioner.
12. Officers transferred to retain powers with which they were invested.
13. Provision for discharge of duties of Deputy Commissioner dying or being disabled.
14. Chief Commissioner may alter limits of district or tahsil.
15. Power to invest Revenue-officers,—
with power conferred by Code of Civil Procedure;
with power to delegate powers.
16. Power of Deputy Commissioners to distribute work.
17. Power of superior Revenue-authorities to withdraw and transfer cases.
1
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SECTIONS.
18. Power of Revenue-officers to enter on land, &c.
19. Power to make rules to regulate procedure.
20. Persons by whom appearances and applications may be made before and to Revenue-officers.
Obligation of parties to attend in person.
21. Legal practitioner's or agent's fees not allowed unless for special reasons.
22. Appeals.
23. Limitation of appeals.
24. Powers of revision of Commissioner and Deputy Commissioner.
25. Powers of revision or Chief Commissioner.
26. Review of orders.
__________
PART III.
OF SURVEY AND SETTLEMENT.
_______
CHAPTER III.
PRELIMINARY.
27. Notification of revenue-survey.
Effect thereof.
28. Notification of settlement.
Power to amend notification.
29. Power to appoint Settlement-officers;
and to suspend and remove them.
30. Settlement-officer may be invested with powers of Deputy Commissioner.
31. Certain provisions of Chapter II applied to Settlement-officers.
32. Appointment of Settlement-commissioner;
delegation to him of Chief Commissioner’s powers.
33. Power to invest Settlement-officers with Civil Court powers.
34. Chief Settlement-officer to have powers of Deputy Commissioner.
35. Appeals in suits specified in section 33 when to lie to Chief Settlement-officer.
36. Division of civil work between Settlement-officers and ordinary Courts.
37. Provisions of section 31 not to apply to certain suits.
38. Appeal, reference and revision.
2
-----
SECTIONS.
39. Duration of settlement-operations.
Cases pending at close of settlement-operations.
_________
CHAPTER IV.
OF DEMARCATlON.
_Unowned Lands._
40. Settlement-officer to invite claims to lands appearing to have no owner.
41. Application of Act XXIII of 1863.
42. Procedure when limited right over land established.
_Mahals._
43. Power to form mahals.
_Excluded Lands._
44. Settlement-officer may exclude any town or land from settlement-operations.
_Boundary-marks._
45. Erection of new, and repair of existing, boundary-marks.
_________
CHAPTER V.
OF THE ASSESSMENT OF LAND-REVENUE.
46. Separate sum to be assessed on every mahal.
Progressive assessments.
47. Matters as to which Chief Commissioner is to instruct Settlement-officer.
48. What land taken into account in assessing mahal.
49. Assessment to whom to be offered.
50. Sub-settlement to be made with inferior proprietors when settlement is made with superior.
51. Power to give directions as to payment of certain profits of superior proprietors.
52. Power to make rules for reporting assessment for sanction.
53. Offers of assessment to be made subject to revision and confirmation.
54. Option to accept or refuse assessment.
Mode of acceptance.
55. Proprietor not accepting in manner prescribed may be deemed to have accepted.
56. Effect of acceptance of assessment.
Assessment may be rescinded by Chief Commissioner;
or by Governor General in Council.
Malguzars may object to continuance of assessment beyond term of settlement.
3
-----
SECTIONS.
57. Procedure when assessment is refused.
58. Procedure when only some proprietors accept assessment.
59. Procedure on refusal of assessment in village in which superior and inferior rights co-exist.
60. Procedure on refusal of assessment by inferior proprietors.
61. Allowance to excluded proprietors.
62. Excluded proprietors to have occupancy-rights in their sir-land.
63. Aggregate amount of allowance granted to, and deduction from rent allowed to, excluded
proprietor.
64. Sub-settlement with malik-makbuzas and other like holders of land.
65. Revenue payable under sub-settlement to be first charge on land.
66. Settlement-officer to apportion assessment over lands held in severalty.
67. to redistribute land according to custom.
________
CHAPTER VI.
OF CERTAIN INVESTIGATIONS BY THE SETTLEMENT-OFFICER AND THE PREPARATION OF THE
RECORD-OF-RIGHTS.
68. Settlement-officer to ascertain proprietors.
69. to determine extent of sir-land.
70. to decide disputes among shareholders regarding management of mahal.
71. to determine through what lambardars revenue shall be paid.
72. to ascertain status and rents of tenants.
73. Enquiry into claims to hold free from revenue as against Government.
Power of Chief Commissioner to make rules.
74. Enquiry as to claims to hold free from revenue as against malguzars.
Chief Commissioner may make rules for disposal of such cases.
75. Time from which orders under sections 73 and 74 take effect.
76. Settlement-officer to decide what village-cesses are leviable.
77. to determine certain disputes.
78. Procedure in cases under sections 68,69,70,72 and 77, clauses (b), (c) and (d).
79. Record-of-rights.
80. Chief Commissioner may make rules regarding record-of-rights.
81. Record-of-rights to be made over to Deputy Commissioner.
82. Effect of entries in record-of-rights.
83. Suits to contest certain settlement decisions or entries.
4
-----
SECTIONS.
84. Revision of record-of-rights by Chief Commissioner.
85. Proceedings regarding lands the property of Government.
_______
CHAPTER VII.
## OF SETTLEMENTS MADE BEFORE THIS ACT COMES INTO FORCE.
86. Former settlements deemed to have been made under this Act.
87. Effect of awards of proprietary rights at such settlements.
88. When suits for proprietary rights will lie in Civil Courts.
89. Chief Commissioner may allot waste-land to malik-mak-buzas entitled thereto.
________
PART IV.
OF REVENUE-ADMINISTRATION.
________
CHAPTER VIII.
OF THE COLLECTION OF LAND REVENUE.
90. Power of Chief Commissioner to regulate payment of land-revenue.
91. “Arrear.”
“Defaulters.”
_Realization of Revenue from Malguzars._
92. Tahasildar’s statement of account to be conclusive evidence of arrear.
93. Notice of demand.
94. Processes for recovery of arrears.
95. Arrest and imprisonment for recovery of arrear.
96. Imprisonment of defaulter in civil jail.
97. Procedure in sales of moveable property.
98. Management of mahal, share of land attached under section 94(c).
99. Effect of attachment.
100. Profits of land how applied.
101. Attachment when to cease.
102. Transfer under section 94(d).
Joint and several liability not affected by transfer.
103. Procedure after receipt of sanction to annulment of settlement.
104. Case of a portion of a mahal being managed or farmed.
105. Settlement on expiry of management or farm.
5
-----
SECTIONS.
106. Effect of annulment of settlement.
107. Saving of rights in sir-land.
108. Nature of estate taken by purchaser of land sold for arrears due thereon.
109. Rules for sale of immoveable property.
110. Pre-emption at sales.
111. Application of proceeds of sale of immoveable property.
112. Costs recoverable as part of arrear.
113. Matters as to which Chief Commissioner may make rules.
114. Remedies open to person denying that sum demanded as an arrear is due.
_Realization of Revenue by Malguzars._
115. Limitation of right to set-off, &c., in suit for arrears.
116. Recovery of arrear through Deputy Commissioner instead of by suit.
117. Saving of right of malguzar to demand revenue of land assessed to revenue and held free.
118. Limitation in suits for revenue.
_Interest on Arrears._
119. Interest on arrears.
_______
CHAPTER IX.
OF REVENUE AND VILLAGE RECORDS.
120. Correction of record-of-rights.
121. Revision of record in accordance with provision therein contained.
122. Powers of Deputy Commissioner as to correction of entry or revision of record.
123. Power to direct that rule or custom entered in record-of-rights shall be enforced by Government.
Punishment of violation of such rule or custom.
124. Suit to set aside proceedings under section 123.
125. Powers of Chief Commissioner as to registration of changes after preparation of record-of-rights.
126. Possession of proprietary rights to be notified.
Notice to be given by guardian in case of minority or idiotcy.
127. Fine for neglect to give notice of possession.
128. Obligation to aid in preparation of village-papers.
129. Fees for recording changes;
from whom leviable.
6
-----
SECTIONS.
130. Annual enquiry regarding land held free from revenue.
Procedure on breach of conditions of grant.
Procedure on expiry of term of grant.
131. Inspection of revenue-records.
______
CHAPTER X.
## OF CERTAIN ADDITIONAL POWERS AND FUNCTIONS OF REVENUE-OFFICERS.
132. Purposes for which, when settlement is not in progress, Deputy Commissioner shall exercise
Settlement-officers’ powers.
133. Purposes for which officers may be invested with Settlement-officers’ powers.
134. Cognizance of, and penalty for, offence of injuring boundary-marks.
135. Procedure when person injuring cannot be found.
136. Partition of a mahal into two mahals.
______
CHAPTER XI.
## VILLAGE-OFFICERS AND PATWARIS.
137. Power to make rules as to officers.
138. Duties of lambardars.
139. Lambardars may recover fees and other charges from proprietors.
140. Deputy Commissioner may alter channel through which malik-makbuza pays revenue.
Effect of order for payment of revenue direct to Government.
141. Duties of mukaddams.
142. Liabilities imposed by law on landholders to attach to mukaddams.
143. Power of mukaddams to recover certain expenses incurred.
144. Chief Commissioner may make rules as to patwaris.
145. Chief Commissioner may make rules for guidance of Deputy Commissioner in certain matters.
146. Chief Commissioner may define duties of patwaris.
Patwaris’ papers to be public documents.
147. Patwaris to produce papers for inspection, and to allow copies to be made.
148. Existing officers confirmed.
149. Lambardars’ and other officers’ dues recoverable as arrears.
150. Holders of sir-land in Sambalpur to provide for remuneration of mukaddams.
7
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______
PART V.
CHAPTER XII.
MISCELLANEOUS.
SECTIONS.
151. Right to mines and quarries.
152. Exclusive jurisdiction of Revenue-authorities.
Matters excepted from jurisdiction of Civil Courts.
153. For what village-cesses suit lies.
154. Limitation of claims for composition in case of waste-land demarcated as property of Government.
155. Restriction on Revenue and Settlement-officers trading and holding land.
156. When mahal managed or farmed, or upon proclamation under section 98 or 103, rent payable to
Deputy Commissioner.
Payment to proprietor in anticipation of due date.
157. Recovery of balances due by farmers.
158. Recovery of revenue due when Act comes into force; and of money payable under Act.
159. Past proceedings for collection of revenue legalized.
160. Chief Commissioner may empower persons by name, or confer powers on classes.
161. Chief Commissioner may vary or cancel orders.
162. Chief Commissioner may make rules and attach penalty to breach thereof.
______
SCHEDULE—ENACTMENTS REPEALED.
8
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## THE CENTRAL PROVINCES LAND-REVENUE ACT, 1881
ACT NO. XVIII OF 1881
# ______
## PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
# (Received the assent of the Governor General on the 8th June, 1881.)
_______
An Act to consolidate and amend the law relating to Land-revenue and the powers of
Revenue-officers in the Central Provinces.
## Preamble. WHEREAS it is expedient to consolidate and amend the law relating to
Land-revenue and to the powers of Revenue-officers in the Central Provinces; It is hereby enacted as follows: —
**PART I.**
**_______**
CHAPTER I.
## PRELIMINARY.
**1. Short title.—** This Act may be called “The Central Provinces Land-revenue Act, 1881”:
**Local extent. It extends to all the territories for the time being under the administration of the Chief**
Commissioner of the Central Provinces, except those specified in Part VI of the first schedule of the
Scheduled Districts Act 1874:
**Commencement.** and it shall come into force on such day as the Chief Commissioner, with the
previous sanction of the Governor General in Council, may direct by notification in the local official
Gazette.
**2. Enactments repealed.—On and from such day the enactments mentioned in the schedule hereto**
annexed, so far as they relate to the territories to which this Act extends, and all other rules, regulations and
enactments relating to the settlement and collection of the land-revenue in such territories, shall be repealed.
**3. Pending proceedings.—All proceedings relating to matters dealt with by this Act and, when**
## this Act comes into force, pending before officers by whom they would be cognizable under this Act, shall be deemed, so far as may be, to have been commenced hereunder.
**4. Interpretation-clause.—In this Act, unless there is something repugnant in the subject or**
context, —
(1) “Assistant Commissioner”;—“Assistant Commissioner” includes also “Extra Assistant
Commissioner”:
(2) “ Legal practitioner”;—“Legal practitioner” means an advocate, vakil or attorney of any High
Court, a pleader, mukhtar or revenue-agent:
(3) “Village-cess”;—“Village-cess” means any cess which a person resident or holding lands in a
village pays or renders to the proprietors as such of the village, and includes service rendered or
things furnished as well as money paid:
9
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(4) “Recognized agent”—“Recognized agent” means a person authorized in writing by any party
to a proceeding under this Act to make appearances and applications and to do other acts on his behalf
in such proceeding and also belonging to any class which the Chief Commissioner may, from time to
time, by notification in the official Gazette, declare in this behalf:
(5) “Agricultural year”—“Agricultural year" means the year commencing on the first day of June,
or on such other date as the Chief Commissioner may, in the case of any specified district or districts,
from time to time, appoint:
(6) “Sir-land”—“Sir-land” means _(a)_ land recorded as “sir” in the papers of the last preceding
settlement of the local area in which such land is situate; and (b) land not so recorded, but which has
been cultivated by the proprietor or one of the proprietors thereof for a period of not less than twelve
consecutive years; and (c) waste land which has been broken up by the proprietor or one of the
proprietors thereof and cultivated by him for a period of not less than six consecutive years; and (d) in
Sambalpur, includes also “ bhogra” land.
_Explanation.—Land which has, after the date of such settlement, or the expiry of such period of_
twelve years, or six years (as the case may be), been for a period of six consecutive years unoccupied
by such proprietor is not sir-land. Land is not unoccupied by the proprietor when it is leased out by him
with an express reservation of his sir-rights:
(7) “Mahal”—“Mahal” means any local area held under a separate engagement for the payment of
the land-revenue direct to Government, and Includes also any local area declared, under the provisions
of this Act, to be a mahal:
(8) “Village”—“Village” includes any tract of land which, at the last settlement of such land, has
been recognized as a village, or which the Chief Commissioner may, from time to time, declare to be a
village for the purposes of this Act:
(9) “Malguzar”—“Malguzar” means a person who, under the provisions of this Act, has accepted,
or is to be deemed to have accepted, the assessment of a mahal, and includes his representatives and
assigns; and also any person with whom a settlement has been made before this Act comes into force,
and his representatives and assigns:
(10) “Malik-makbuza”—“Malik-makbuza” means any person owning one or more plots of land
assessed with revenue in a mahal; but it does not include a malguzar or inferior proprietor:
(11) “Lambardar”—“Lambardar” means a person appointed in manner prescribed by this Act to
represent the proprietary body of a mahal in its relations with the Government:
(12) “Sub-lambardar”—“Sub-lambardar” means a person so appointed to represent the inferior
proprietary body of a mahal in its relations with the superior proprietors:
(13) “Mukaddam”—“Mukaddam” means the executive headman of a village, appointed in manner
prescribed by this Act:
(14) “Tenant”—“Tenant” means a person who holds land of another person, and is, or but for a
special contract would be, liable to pay rent for such land to such other person; but it does not include
a farmer, mortgagee or the kadar of proprietary rights.
_Explanation.—An inferior proprietor is not, as such, a tenant:_
## (15) “Rent”—“Rent” means whatever is paid, delivered or rendered, in money, kind or service,
by a tenant on account of the use or occupation of land let to him:
10
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## (16) “Absolute occupancy-tenant”—“Absolute occupancy-tenant” means, in reference to any
land, a tenant who, at a settlement of such land made before this Act comes into force, or after such
a settlement but before this Act comes into force, was recorded, by order of a Revenue or
## Settlement-officer, in respect of such land, as an “absolute occupancy-raiyat,” or in terms equivalent thereto:
(17) “Record-of-rights”—“Record-of-rights” includes the supplementary administration-paper
## prepared at or after the time of making a settlement before this Act comes into force.
_________
**PART II.**
__________
CHAPTER II.
## OF REVENUE-OFFICERS: THEIR POWERS AND PROCEDURE.
**5. Chief controlling Revenue-authority.— The Chief Commissioner shall, subject to the control of**
the Governor General in Council, be the Chief Controlling Revenue-authority.
**6. Revenue-officers.—Besides the Chief Commissioner, there shall be the following classes of**
Revenue-officers (namely):—
(a) Commissioners, who, subject to the control of the Chief Commissioner, shall be the Chief
Revenue-authorities within their respective divisions:
(b) Deputy Commissioners, who, subject to the control of the Commissioner, shall be the chief
Revenue-authorities within their respective districts:
(c) Assistant Commissioners, who shall be subordinate to, and under the control of, the Deputy
Commissioners of the districts to which they are respectively attached:
(d) Tahsildars, who, subject to the control of the Deputy Commissioner, shall be the Chief
Executive Revenue-authorities in the tahsils to which they are respectively attached:
(e) Naib Tahsildars, who shall be subordinate to the Tahsildars of the tahsils to which they are
respectively attached.
**7. Appointment, suspension and removal of Commissioners, Deputy and Assistant**
**Commissioners.—Subject to the control of the Governor General in Council, the Chief Commissioner**
shall appoint, and may suspend or remove, Commissioners, Deputy Commissioners and Assistant
Commissioners.
**8. Appointment, suspension and removal of Tahsildars and Naib Tahsildars.—The Chief**
Commissioner shall appoint, and may suspend or remove, Tahsildars; and may also make rules for
regulating the appointment, duties, suspension and removal of Naib Tahsildars.
**9. Persons holding office when Act comes into force.—All Commissioners, Deputy Commissioners,**
Assistant Commissioners, Tahsildars and Naib Tahsildars holding office as such in the territories to which
this Act extends when this Act comes into force shall be deemed to have been appointed hereunder.
**10. Power to appoint additional Commissioners, Deputy Commissioners and Tahsildars.—The**
Chief Commissioner may appoint any person to be an additional Tahsildar in any tahsil, or, with the
sanction of the Governor General in Council, to be an additional Commissioner or additional Deputy
Commissioner in any division or district, and may suspend or remove any person so appointed, but subject,
in the case of an additional Commissioner or additional Deputy Commissioner, to the like sanction.
11
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The Chief Commissioner may invest any additional Commissioner, Deputy Commissioner or Tahsildar
appointed under this section with all or any of the powers conferred by this Act on a Commissioner, Deputy
Commissioner or Tahsildar, as the case may be.
**11. Chief Commissioner may invest Assistant Commissioner with powers of Deputy**
**Commissioner.—The Chief Commissioner may invest any Assistant Commissioner attached to a district**
with all or any of the powers conferred by this Act on Deputy Commissioners.
**12. Officers transferred to retain powers with which they were invested.—Whenever any Assistant**
Commissioner, Tahsildar or Naib Tahsildar is transferred from one district or tahsil to another, he shall,
unless the Chief Commissioner otherwise directs, exercise in the district or tahsil to which he is transferred
all the powers with which he was, under any provision of this Act, invested by the Chief Commissioner in
the district or tahsil from which he is transferred.
**13. Provision for discharge of duties of Deputy Commissioner dying or being disabled.—When a**
Deputy Commissioner dies or is disable from performing his duties, such officer as the Chief Commissioner
may by rule direct shall take executive charge of his district, and shall be deemed to be a Deputy
Commissioner under this Act, until a successor to the Deputy Commissioner so dying or disabled is
appointed and such successor takes charge of his office, or until the person so disabled resumes charge of
his office.
**14. Chief commissioner may alter limits of district or tahsil.—The Chief Commissioner may, from**
time to time, by notification in the official Gazette, alter the limits of any district or tahsil, create new
districts or tahsils and abolish existing districts or tahsils.
**15. Power to invest Revenue-officers.—The Chief Commissioner may, subject to the control of the**
Governor General in Council, invest any Revenue-officer with any of the following powers:—
**With power conferred by Code of Civil Procedure; for the purpose of disposing of cases under**
this Act, any power conferred by the Code of Civil Procedure on a Civil Court;
**with power to delegate powers, ower to delegate to any Revenue-officer subordinate to him the**
exercise of any power of performance of any duty conferred or imposed on him by this Act;
and, subject to the like control, may determine the Revenue-officer by whom any case or class of
cases for which no express provision in this behalf is made in this Act shall be disposed of.
**16. Power of Deputy Commissioner to distribute work.—Subject to any rules which the Chief**
Commissioner may make in this behalf, a Deputy Commissioner may—
(a) refer any case to any Revenue-officer subordinate to him for investigation and report, or, if such
officer has power to dispose of such case, for disposal; or
(b) direct that any Revenue-officer subordinate to him shall, without such reference, deal with any
case or class of cases arising within any specified area, and either investigate and report on such case
or class, or, if he has power, dispose of it himself.
The subordinate Revenue-officer shall submit his report on any case referred to him under this section
for report to the Deputy Commissioner, or otherwise, as may be directed in the order of reference; and the
officer receiving such report may, if he has power to dispose of the case, dispose of the same, or may return
it for further investigation to the officer submitting the report, or may hold such investigation himself.
**17. Power of superior Revenue-authorities to withdraw and transfer cases.—The Chief**
Commissioner, the Commissioner or the Deputy Commissioner may withdraw any case pending before any
Revenue-officer subordinate to him, and either dispose of it himself, or refer it for disposal to any other
Revenue-officer subordinate to him and having power to dispose of the same.
12
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**18. Power of Revenue-officers to enter on land, &c.—All Revenue-officers and persons acting under**
their orders may, in the performance of any duty under this Act, enter upon and survey land, and demarcate
boundaries, and do all other acts necessary to the business in which they are engaged.
**19. Power to make rules to regulate procedure.—The Chief Commissioner may, with the previous**
sanction of the Governor General in Council, make rules consistent with this Act for regulating the
procedure of Revenue-officers in cases for which a procedure is not prescribed by this Act, and may, by
any such rule, direct that any provisions of the Code of Civil Procedure shall apply, with or without
modification, to all or any classes of cases before Revenue-officers.
**20. Persons by whom appearances and applications may be made before and to Revenue-**
**officers.—All appearances before, applications to, and acts to be done before, any Revenue-officer under**
this Act may be made or done—
(a) by the parties themselves; or,
(b) with the permission of the officer, by their recognized agents or any legal practitioner:
**Obligation of parties to attend in person. Provided that the employment of a legal practitioner or**
recognized agent shall not excuse the personal attendance of a party to any proceeding in cases where such
attendance is required by any order of the Revenue-officer.
**21. Legal practitioner’s or agent’s fees not allowed unless for special reasons.—The fees of a legal**
practitioner or recognized agent shall not be allowed as costs before any Revenue-officer unless such officer
considers, for reasons to be recorded by him in writing, that such fees should be allowed.
**22. Appeals.—An appeal shall lie against every decision or order under this Act.**
(a) when such decision or order is passed by any Revenue-officer subordinate to the Deputy
Commissioner, except an Assistant Commissioner exercising the powers of a Deputy Commissioner,—
to the Deputy Commissioner;
(b) when such decision or order is passed by a Deputy Commissioner, or by an Assistant
Commissioner exercising the powers of a Deputy Commissioner, whether in the first instance or on
appeal,—to the Commissioner of the division;
(c) when such decision or order is passed on appeal or otherwise by the Commissioner of a
division,—to the Chief Commissioner:
Provided that in no case shall a third appeal be allowed.
**23.** **Limitation of appeals.—** No appeal shall lie—
(a) in the Court of the Deputy Commissioner or an Assistant Commissioner exercising the powers
of a Deputy Commissioner—after the expiration of thirty days from the date of the decision or order
complained of; or
(b) in the Court of the Commissioner—after the expiration of sixty days from such date; or
(c) in the Court of the Chief Commissioner—after the expiration of ninety days from such date.
In computing such periods of limitation, and in all respects not herein specified, the provisions of the Indian
Limitation Act, 1877, shall apply.
**24.** **Powers of revision of Commissioner and Deputy Commissioner.—Any Commissioner or**
Deputy Commissioner may at any time, for the purpose of satisfying himself as to the legality or propriety
of any order passed by, and as to the regularity of the proceedings of, any Revenue-officer subordinate to
him, call for and examine the record of any case pending before, or disposed of by, such officer, and may
pass such order in reference thereto as he thinks fit : Provided that he shall not under this section modify or
13
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reverse any order affecting any question of right between private persons, without having given to the
parties interested reasonable notice to appear and be heard in support of such order.
**25. Powers of revision or Chief Commissioner.—The Chief Commissioner may at any time call for**
and examine the record of any case pending before, or disposed of by, any Revenue-officer, and may pass
such order in reference thereto as he thinks fit:
Provided that no order affecting any question of right between private persons shall be passed under
this section unless the Chief Commissioner has given the parties interested an opportunity of being heard.
**26. Review of orders. —Every Revenue-officer may, either on his own Motion or on the application**
of any party interested, review, and on so reviewing modify, reverse or confirm, orders passed by himself
or by any of his predecessors in office:
Provided as follows—
(1) when a Commissioner or Deputy Commissioner thinks it necessary to review any order which
he has not himself passed, and when an officer under the rank of a Deputy Commissioner proposes to
review any order, whether passed by himself or by any predecessor, he shall first obtain the sanction of
the officer to whom he is immediately subordinate:
(2) no order shall be modified or reversed unless reasonable notice has been given to the parties
interested to appear and be heard in support of such order:
(3) no order against which an appeal has been preferred shall be reviewed while such appeal is
pending:
(4) no order affecting any question of right between private persons shall be reviewed except on
the application of a party to the proceedings; and no application for the review of such an order shall
be entertained unless it is made within ninety days from the passing of the order, or unless the applicant
satisfied the Revenue-officer that he had sufficient cause for not making the application within such
period.
For the purposes of this section, the Deputy Commissioner shall be deemed to be the successor in
office of any Revenue-officer who has left the district or has ceased to exercise powers as a Revenueofficer, and to whom there is no successor in office.
______
PART III.
OF SURVEY AND SETTLEMENT.
______
CHAPTER III.
## PRELIMINARY.
**27. Notification of revenue-survey.** **Effect thereof.—Whenever it appears to the Chief Commissioner**
that a revenue-survey should be made in any local area, he shall publish a notification in the official Gazette
directing that such survey be made, and cause translations of such notification in the language of the district
to be posted up in conspicuous places in such area; and thereupon all officers in charge of such survey, their
assistants, servants, agents and workmen may enter upon the lands to be surveyed, and erect survey-marks,
and do all other acts necessary for making the survey.
**28. Notification of settlement.—When any local area is to be settled, the Chief Commissioner may,**
with the previous sanction of the Governor General in Council, issue a notification of settlement, and in
such notification shall—
(a) define the local area to be settled;
(b) specify the operations which are to be carried out in the settlement;
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**Power to amend notification.—and may from time to time, with the like sanction, amend, alter or**
cancel such notification.
Every such notification, amendment, alteration and cancellation shall be published in the local official
Gazette.
**29. Power to appoint Settlement-officers.—The Chief Commissioner may from time to time appoint**
one or more officers (hereinafter called Settlement-officers) to make the settlement of such area; and when
he appoints more than one such officer, he shall appoint one of them (hereinafter called the Chief
Settlement-officer) to control such settlement, an all other officers appointed for the purposes of such
settlement shall be subordinate to the Chief Settlement-officer.
**and to suspend and remove them.—The Chief Commissioner may suspend or remove any officer**
appointed under this section.
**30. Settlement-officer may be invested with powers of Deputy Commissioner.—During the**
progress of the settlement of any local area, the Chief Commissioner may invest any Settlement-officer
within such area with all or any of the powers of a Deputy Commissioner under this Act, to be exercised
by him in such classes of cases as the Chief Commissioner may from time to time direct.
**31. Certain provisions of Chapter II applied to Settlement-officers.—The provisions of section**
eleven and sections fifteen to twenty-six, both inclusive, shall apply, _mutatis mutandis,_ to Settlementofficers and to proceedings before them, the expression “Settlement-officer” being read for the expressions
“Assistant Commissioner” and “Revenue-officer,” and the expression “Chief Settlement-officer” for the
expression “Deputy Commissioner,” wherever those expressions occur:
Provided that an appeal from any appealable order passed by a subordinate Settlement-officer shall lie
to the Chief Settlement-officer if preferred within sixty days from the date of such order:
Provided also that no appeal shall lie from any decision of a Chief Settlement-officer which can be
called in question in a Civil Court.
**32. Appointment of Settlement-commissioner.—The Chief Commissioner may, from time to time,**
with the previous sanction of the Governor General in Council,
(a) appoint a Settlement-commissioner, and transfer to him, within any local area under settlement,
all or any of the powers which the Commissioner of the division, if the land to be settled were wholly
situate within such division, would otherwise exercise under this Act in matters connected with such
settlement; and
(b) delegation to **him of Chief Commissioner’s powers. delegate to the Settlement-commissioner**
such of his own powers in regard to matters connected with such settlement as he thinks fit.
**33. Power to invest Settlement-officers with Civil Court powers.—When any local area is under**
settlement, the Chief Commissioner may invest any subordinate Settlement-officer with the powers of any
of the first five grades of Courts described in section four of the Central Provinces Courts’ Act, 1865, and
the Chief Settlement-officer with the powers of a Court of a Deputy Commissioner described in the same
Act, sections twelve, nineteen and twenty, for the trial, in the first instance, of any of the following classes
of suits instituted within such area (namely):—
(a) suits for arrears of rent due on account of any right of pasturage, forest-rights, fisheries or the
like;
(b) suits by lambardars for arrears of revenue payable through them by the proprietors whom they
represent;
(c) suits by proprietors for their share of the profits of an estate or any part thereof after payment·
of the revenue and village-expenses, or for a settlement of accounts;
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(d) suits by muafidars or assignees of revenue for arrears of revenue owing to them as such
muafidars or assignees;
(e) suits by superior proprietors for arrears of revenue due to them as such superior proprietors;
(f) suits by proprietors and others in receipt of the rent of land against any agents employed by them
in the management of land or collection of rents, or against the sureties of such agents, for money
received or accounts kept by such agents in the course of such employment, or for papers in their
possession;
(g) suits regarding any matter which a Settlement-officer is required to decide or to enter in the
record-of-rights, and of which Civil Courts can take cognizance;
(h) suits relating to land, or the rent, profits or occupation of land.
**34. Chief Settlement-officer to have powers of Deputy Commissioner.—When the Chief**
Commissioner invests any subordinate Settlement-officer with the powers of a Civil Court for the trial of
any of the suits mentioned in section thirty-three, the Chief Settlement-officer to whom such Settlementofficer is subordinate shall have the powers of the Court of a Deputy Commissioner described in the Central
Provinces Courts’ Act, 1865, sections twelve, nineteen and twenty, with reference to proceedings before,
or decrees and orders of, such settlement-officer in such suits.
**35. Appeals in suits specified in section 33 when to lie to Chief Settlement-officer.—When any**
local area is under settlement and Settlement-officers have been invested with the powers mentioned in
section thirty-three in such local area, the Chief Commissioner may, with respect to all or to any of the suits
specified in that section, declare that all or any of the decrees and orders passed in exercise of the powers
of Courts of the first four grades aforesaid, by Assistant Commissioners or Tahsildars not being Settlementofficers, shall be appealable to the Chief Settlement-officer, and not to the Deputy Commissioner of the
district.
**36. Division of civil work between Settlement-officers and ordinary Courts.—When any local area**
is under settlement and the Settlement-officers therein have been invested with powers under section thirtythree, the Chief Commissioner may withdraw from the jurisdiction of the ordinary Civil Courts within such
area the classes of suits which Settlement-officers have power to dispose of under that section, or he may
direct that, in respect of such suits, the Settlement-officers shall have concurrent jurisdiction with the
ordinary Civil Courts:
Provided that no proceedings which have been inadvertently or erroneously taken before the Civil Court
shall be deemed to be invalid merely on the ground that, by the Chief Commissioner's order, they should
have been taken before a Settlement-officer.
**37. Provisions of section 31 not to apply to certain suits.—Nothing in section thirty-one shall apply**
to suits and appeals or other proceedings instituted before, or determined by, Settlement-officers in
pursuance of powers conferred upon them under section thirty-three, thirty-four or thirty-five.
**38. Appeal, reference and revision.—Except as provided in sections thirty-three, thirty-four and**
thirty-five, the decrees and orders of a Settlement-officer passed, whether in the first instance or on appeal,
in exercise of the powers of a Civil Court of any grade, shall, for the purposes of appeal, reference and
revision, be deemed to be decrees and orders of a Civil Court of such grade, and no appeal shall lie under
the provisions of section twenty-two from such decrees or orders.
**39.** **Duration of settlement-operations.—Every settlement notified under section twenty-eight shall**
be deemed to be in progress until the Chief Commissioner, by notification in the official Gazette,
## declares that it is completed.
Cases pending at close of settlement-operations.—When the settlement of any local area has
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## been notified as completed, all the powers exercised by the Settlement-officers in such area shall cease, and all suits and applications pending before such officers shall be transferred to such of the Courts ordinarily having jurisdiction in such cases as the Commissioner of the division directs; or, if there are no such Courts, shall be disposed of in such manner as the Chief Commissioner directs.
______
CHAPTER IV.
## OF DEMARCATION.
Unowned Lands.
40. Settlement-officer to invite claims to lands appearing to have no owner.—When any local
area is under settlement, the Settlement-officer shall make lists of all lands in such area which appear to him to have no lawful owner, and shall thereupon issue a notification declaring his intention to demarcate such lands as the property of the Government and inviting every person having claims to or over them to present in his court, within three months from the date of the notification, a petition in writing setting forth such claims and the respective grounds thereof.
41. Application of Act XXIII of 1863.—Every such notification shall be deemed to be an
advertisement under Act No. XXIII of 1863 (to provide for the adjudication of claims to waste lands), section one;
the demarcation of such lands shall be deemed to be a disposition of them within the meaning of
that Act;
the Settlement-officer shall exercise all the powers vested in the Collector by that Act; and
claims to or over the land comprised in such notification shall be dealt with as nearly as may be in
the manner prescribed in that Act.
42. Procedure when limited right over land established.—Whenever a claim to the exercise or
enjoyment of any right (not amounting to the right of exclusive possession) in, to or over, any land comprised in such notification is established, either before the Settlement-officer or before the Court constituted under the said Act No. XXIII of 1863, section seven, the Settlement-officer may assign to the claimant as his property a definite portion of such land, or, with the sanction of the Chief Commissioner, he may otherwise compensate the claimant; and such assignment or compensation shall be held to extinguish all claims on account of such exercise or enjoyment.
Mahals.
**43. Power to form mahals.—The Settlement-officer may declare any local area to be a mahal.**
_Excluded Lands._
## 44. Settlement-officer may exclude any town or land from settlement-operations.—For the
purpose of excluding from all or any of the operations of the settlement any town or any land from which the owner can derive no profit, the Settlement-officer may mark off the site and determine the limits of such town or land:
Provided that no land in respect of which land-revenue is payable at the date of the notification
issued under section twenty-eight shall, under this section, be exempted from assessment without the sanction of the Chief Commissioner.
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_Boundary-marks._
**45.** **Erection of new, and repair of existing, boundary-marks.—When any local area is under**
## settlement, the Settlement-officer may order all persons who have proprietary rights in the land comprised in such area to erect boundary-marks of such description and at such places as he thinks necessary in order to define the limits of the mahals, fields or other lands in their possession, or to repair boundary-marks already existing; and may fix a reasonable time for obeying his order;
and if his order is not obeyed within such time, may cause such marks to be erected or repaired
under his own orders, and may recover the cost of such erection or repair from the persons against whom his order was made, in such proportion as he thinks fit.
_______
CHAPTER V.
OF THE ASSESSMENT OF LAND-REVENUE.
46. Separate sum to be assessed on every mahal. Progressive assessments.—On every mahal a
definite and separate sum shall be assessed as land-revenue; but the sum so assessed may be reduced in such manner and to such extent as the Chief Commissioner thinks fit, for any period not exceeding ten years from the date on which the assessment takes effect.
**47. Matters as to which Chief Commissioner is to instruct Settlement-officer.—The Chief**
## Commissioner may from time to time, with the previous sanction of the Governor General in Council, give instructions to the Settlement-officer as to the principle on which land-revenue is to be assessed, and as to the sources of miscellaneous income to be taken into account in the assessment.
**48. What land taken into account in assessing mahal.—In assessing a mahal all land situate therein**
shall be taken into account except the following (that is to say):—
(a) land purchased free from revenue under any rules for the time being in force to regulate the sale
of waste-lands;
(b) land in respect of which the revenue has been redeemed under any rules for the time being in
force;
(c) land excluded from assessment under section forty-four;
(d) land in respect of which a claim to hold it free from revenue as against the Government is
established under the provisions hereinafter contained;
(e) land which the Chief Commissioner, subject to the control of the Governor General in Council,
may from time to time exempt from assessment.
**49. Assessment to whom to be offered.—The assessment of every mahal shall be offered to the**
## entire proprietary body of such mahal: provided that, when superior and inferior proprietary rights co-exist in the same mahal, the Settlement-officer may, subject to such rules as the Chief Commissioner may make in this behalf, determine whether the assessment shall be offered to the superior or to the inferior proprietors.
Subject to such rules as the Chief Commissioner may make in this behalf, the Settlement-officer
may determine the manner and proportion in which the proprietary profits of the maha1 shall be allotted between the superior and the inferior proprietors.
When a proprietor has mortgaged his rights in any mahal, and the mortgagee has entered into
possession, such mortgagee, so long as he is in possession, shall, for the purposes of this section, stand in the place of the mortgagor.
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**50. Sub-settlement to be made with inferior proprietors when settlement is made with superior.—**
## When in a mahal in which superior and inferior proprietors co-exist, the Settlement-officer makes a settlement with the superior proprietors, he shall make on their behalf a sub-settlement with the inferior proprietors, by which such inferior proprietors shall be bound to pay to the superior proprietors an annual revenue equal to the land-revenue with which the mahal is assessed and to the profits to which the superior proprietors are entitled under section forty-nine.
**51.** **Power to give directions as to payment of certain profits of superior proprietors.—When in**
any such mahal the settlement is made with the inferior proprietors, the Settlement-officer may direct that
the profits to which the superior proprietors are entitled under section forty-nine, shall be paid by the inferior
proprietors direct to such superior proprietors, or that such profits shall be collected as if they were landrevenue and shall be paid to the superior proprietors from the Government Treasury.
**52. Power to make rules for reporting assessment for sanction.—The Chief Commissioner may**
make rules prescribing the manner in which the Settlement-officer shall report for sanction his rates and
method of assessment; and no assessment shall be offered without the previous sanction of the Chief
Commissioner.
**53. Offers of assessment to be made subject to revision and confirmation.—In making any offer of**
assessment the Settlement-officer shall state that it is made subject to confirmation by the Governor General
in Council, and also to revision by the Chief Commissioner at any time before such confirmation is received.
**54. Option to accept or refuse assessment.—It shall be in the option of the persons to whom an**
assessment is offered to accept or refuse the same.
**Mode of acceptance.—If they are willing to accept it, they shall make and sign an acceptance in**
writing, in such form as the Chief Commissioner may from time to time prescribe in this behalf, and deliver
the same to the Settlement-officer.
**55. Proprietor not accepting in manner prescribed may be deemed to have accepted.—Any**
proprietor who, within such reasonable period as may be specified by the Chief Commissioner, fails to
make, sign and deliver such acceptance, or to inform the Settlement-officer that he refuses the proposed
assessment, shall, if the Settlement-officer by an order in writing so directs, be deemed to have accepted
such assessment.
**56. Effect of acceptance of assessment.—Whenever the assessment of a mahal has been accepted**
under this Act, the persons who have accepted it shall be bound to pay the amount thereof from such date
and for such term as the Chief Commissioner may appoint in this behalf, or, if at the expiry of that term no
new assessment has been made and is ready to take effect, until a new assessment has been made and is
ready to take effect: Provided as follows: —
Assessmemt may be rescinded by Chief Commissioner; or by Governor General in Council.—
1st—any assessment may be rescinded by the Chief Commissioner at any time before it has been
confirmed by the Governor General in Council;
2ndly—the Governor General in Council may rescind any assessment submitted to him for
confirmation;
**Malguzrs may object to continuance of assessment beyond term of settlement.—**
3rdly—if all the malguzars of a mahal, six months before the expiry of the term fixed under this section,
apply in writing to the Deputy Commissioner stating that they are unwilling that the assessment should
continue in force beyond the expiry of such term, the assessment shall, on the expiry of such term, cease to
be in force.
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**57.** **Procedure when assessment is refused.—Where there is but one class of proprietors in a mahal,**
and all refuse to accept in manner required by section fifty-four the assessment offered, the Settlementofficer may, with the previous sanction of the Chief Commissioner, exclude them from settlement for a
period not exceeding thirty years from the date of such exclusion, and may either let the mahal in farm, or
take it under direct management.
**58. Procedure when only some proprietors accept assessment.—If some of the proprietors consent,**
and some refuse, so to accept the assessment offered, the Settlement-officer may, with the previous sanction
of the Chief Commissioner, if the interest of the recusant proprietors in the lands taken into account in the
assessment consists entirely of lands held by them separately form the other proprietors, exclude such
recusant proprietors from settlement for a period not exceeding thirty years from the date of such exclusion,
and either let their lands in farm or take such lands under direct management.
In other cases the assessment of the entire mahal shall be offered to the proprietors who consented to
accept the assessment when originally offered, and if they refuse it the mahal shall be dealt with under the
provisions of section fifty-seven.
When the recusant proprietors are excluded under this section, the lands of the proprietors who
consented to accept the assessment originally offered shall be deemed to be a separate mahal, and shall be
assessed as such; and such assessment shall be offered to the proprietors so consenting; and if the lands of
the recusant proprietors are let in farm, the farm shall be first offered to the proprietors who consented to
accept the assessment originally offered.
**59. Procedure on refusal of assessment in village in which superior and inferior rights co-exist.—**
When an assessment is offered in a mahal in which both superior and inferior proprietors co-exist—
(a) if all the proprietors of the class with which the Settlement-officer proposes to make the
settlement refuse to accept as aforesaid the assessment offered, the assessment shall be offered to the
proprietors of the other class; and if all such proprietors refuse the assessment, the Settlement-officer
shall proceed as provided in section fifty-seven;
(b) if some only of the proprietors of the class with which the Settlement-officer proposes to make
the settlement refuse the assessment, he may either proceed as if all had refused it or may deal with the
mahal under section fifty-eight:
Provided that if, in the case contemplated by clause (b), the proprietors who consented to accept
the assessment when originally offered refuse to accept it, such assessment shall be offered to the other
class of proprietors.
**60. Procedure on refusal of assessment by inferior proprietors.—If all or any of the inferior**
proprietors refuse any assessment offered under section fifty, the Settlement-officer may exclude them all
from the sub-settlement, and assign the proprietary management and profits of the mahal to the superior
proprietor for any term not exceeding the term of settlement.
**61.** **Allowance to excluded proprietors.—Any proprietor excluded from settlement under section**
fifty-seven or section fifty-nine, clause (a), shall be entitled to receive from the Government an annual
allowance, the amount of which shall be fixed by the Chief Commissioner, but which shall not be less than
five per cent., or more than ten per cent., on the amount of the assessment offered to him by the Settlementofficer.
**62. Excluded proprietors to have occupancy-rights in their sir-land.—Any proprietor excluded**
from settlement or sub-settlement under sections fifty-seven to sixty, both inclusive, shall be entitled to
retain possession of his sir-land (if any) as if he were an absolute occupancy-tenant, and the rent to be paid
by him for such land during the term of his exclusion shall be fixed by the Settlement-officer accordingly.
**63.** **Aggregate amount of allowance granted to, and deduction from rent allowed to, excluded**
**proprietor.—The aggregate amount of any allowance under section sixty-one, and of the difference**
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between the rent fixed under section sixty-two and the rent which the excluded proprietor would be liable
to pay if he were a tenant-at-will, shal1 not be less than five or more than fifteen per cent. on the amount of
the assessment offered to him by the Settlement-officer.
**64. Sub-settlement with malik-makbuzas and other like holders of land.—The Settlement-officer**
may make, on behalf of malik-makbuzas or other like holders of land, such a sub-settlement as shall secure
to them from the malguzars of the mahal their existing rights; and may provide that, in addition to the landrevenue payable by them, they shall pay to the malguzars such percentage thereon, not exceeding twenty
per cent., as may in his opinion be sufficient to compensate the said malguzars for their responsibility in
respect of the land-revenue, and to provide for the fees of lambardars and mukaddams.
**65. Revenue payable under sub-settlement to be first charge on land.—The amount of revenue**
payable under a sub-settlement shall be a first charge upon all the land comprised in such sub-settlement.
**66. Settlement-officer to apportion assessment over lands held in severalty;—When the whole of**
the land comprised in a mahal is held in severalty, the Settlement-officer shall apportion to the several
holdings the amount with which such land is assessed under a settlement or sub-settlement.
When only part of the land comprised in a mahal is held in severalty, the Settlement-officer shall
apportion such amount to the part held in common and the part held in severalty, and shall further apportion
to the several holdings the amount to which they are liable under the former apportionment.
**67. to redistribute land according to custom.—When by established custom the land held by each**
proprietor in any mahal is subject to periodical redistribution, the Settlement-officer may, in his discretion,
on the application of the proprietors, make such redistribution according to such custom.
CHAPTER VI.
## OF CERTAIN INVESTIGATIONS BY THE SETTLEMENT-OFFICER AND
THE PREPARATION OF THE RECORD-OF-RIGHTS.
**68. Settlement-officer to as certain proprietors;—The Settlement-officer shall ascertain the persons**
who are in possession as proprietors of the land comprised in each mahal.
**69.** **to determine extent of sir-land;—The Settlement-officer shall ascertain the situation and**
determine the extent of all the land held as sir in each malal.
**70.** **to decide disputes among shareholders regarding management of mahal.—The**
Settlement-officer shall ascertain the customs or rules by which the proprietors in each mahal are mutually
bound as to the granting of pattas, the ejectment of tenants, the realization and distribution of rents and
other profits, the payment of land revenue, village-expenses and other charges, and generally as to the
control and management of the mahal; and shall decide all disputes and record all agreements regarding the
matters mentioned in this section.
**71. to determine through what lambardars revenue shall be paid;—The Settlement-officer shall**
determine through which of the lambardars or sub-lambardars the amount of revenue payable by each
proprietor, sub-proprietor or malik-makbuza shall be paid.
**72. to ascertain status and rents of tenants.—The Settlement-officer shall ascertain, and record for**
each mahal, the status of all tenants occupying land therein, the lands respectively held by them, the
conditions on which they respectively hold such lands, and the rents (if any) payable by them respectively.
**73. Enquiry into claims to hold free from revenue as against Government.—The Settlement-officer**
shall investigate all claims against the Government to hold land free from revenue or at less than a full
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assessment, or to receive the whole or part of the land-revenue assessed on land which is not free from
revenue.
**Power of Chief Commissioner to make rules.—The Chief Commissioner may, with the previous**
sanction of the Governor General in Council, make rules determining the principles by which the
Settlement-officer shall be guided in the disposal of claims coming under this section.
**74. Enquiry as to claims to hold free from revenue as against malguzars.—When any land not**
being land which any person is entitled to hold free from revenue as against the Government is held by a
proprietor, whether himself a malguzar or not, who claims to hold it wholly or partially free from revenue
as against the other malguzars of the mahal, the Settlement-officer shall decide whether the claimant is
entitled to be exempted from paying the whole or any part of the revenue which would otherwise be payable
in respect of such land, and, if he decides that the claimant is so entitled, shall also determine the conditions
under which, and the term for which, the claimant is entitled to such exemption:
Provided that no decision under this section shall exempt any land from the payment of revenue, when
the mahal in which such land is comprised is sold for arrears of revenue.
**Chief Commissioner may make rules for disposal of such cases.—The Chief Commissioner may**
make rules for the guidance of Settlement-officers in dealing with cases under this section.
**75. Time from which orders under sections 73 and 74 take effect.—When the Settlement-officer**
decides, under section seventy-three or section seventy-four, that land which has been held free from
revenue, or at less than a full assessment, is liable to pay revenue, or to pay the same at enhanced rates,
such decision shall take effect from the first day of the agricultural year next ensuing; unless the Chief
Commissioner directs that the amount payable in respect of such land on account of the revenue accruing
due within anyone or more of the last preceding twelve years shall be realized.
**76. Settlement-officer to decide what village-cesses are leviable;—The Settlement-officer shall**
determine and record the village-cesses if any, which are leviable in accordance with village-custom, and
the persons by and from whom, and the rates at which, they are leviable; and such cesses shall, if sanctioned
by the Chief Commissioner, be leviable accordingly.
**77. to determine certain disputes.—The Settlement-officer may determine disputes regarding any of**
the following matters (namely):—
(a) the right of any lambardar, mukaddam, patwari, village-watchman or other village-servant to
any customary dues, or other remuneration, and his liability to render any customary service in return
for such dues or remuneration;
(b) the rights of persons resident in the village or holding lands comprised in the mahal, in or to
the common land of the mahal and its produce, and the village-site;
(c) any customs relating to irrigation or to rights-of-way and other easements;
(d) any other rights and customs which the Chief Commissioner directs to be recorded in the
administration-paper.
**78. Procedure in cases under sections 68, 69, 70, 72 and 77, clauses (b), (c) and (d).—If a dispute**
arises regarding any matter mentioned or referred to in sections sixty-eight, sixty-nine, seventy,
seventy-two and seventy-seven, clauses (b), (c) and (d), the Settlement-officer shall decide it summarily
after making such enquiry as he thinks fit, and shall not be bound to hear any party to such dispute or to
receive any evidence tendered by any such party; but in the case of every such dispute he shall record a
proceeding stating the nature of such dispute,· his decision thereon, the grounds of such decision and such
other particulars as he thinks fit.
**79. Record-of-rights.—The Settlement-officer shall prepare for every mahal, or, if he thinks fit, for**
any group of neighbouring mahals, a record-of-rights, and shall include in it—
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(a) the results of the inquiries made under this chapter in respect of such mahal or group; and
(b) any other matters which the Chief Commissioner may, by rules in this behalf, direct to be
entered in such paper.
**80. Chief Commissioner may make rules regarding record-of-rights.—The Chief Commissioner**
may make rules prescribing the language in which the record-of-rights shall be drawn up, the form of the
papers of which it shall consist, and the manner in which such papers shall be signed and attested by the
Settlement-officer and the parties interested in the matters to which they refer.
**81. Record-of-rights to be made over to Deputy Commissioner.—When the Settlement-officer has**
completed a record-of-rights in manner hereinbefore prescribed, he shall, subject to any order issued by the
Chief Commissioner in this behalf, make it over to the Deputy Commissioner for custody.
**82.** **Effect of entries in record-of-rights.—When the record-of-rights is duly made and attested, all**
entries therein shall be presumed to be correct until the contrary is shown.
**83. Suits to contest certain settlement decisions or entries.—Any person deeming himself aggrieved**
by any decision under section seventy-eight, or by any decision of the Chief Settlement-officer in appeal
therefrom, or by any entry made in the record-of-rights as to any matter referred to in that section, may
institute a suit in the Civil Court to have such decision set aside or such entry cancelled or amended:
Provided as follows:—
When any suit under this section is instituted for the cancellation or amendment of an entry, the
Government, if it so desires, and all persons interested in the entry, shall be made parties to the suit:
No persons by whom the record-of-rights was signed, and no persons claiming through or under them
shall, without the previous sanction of the Chief Commissioner, institute any suit with a view to modify or
set aside any entry relating to any matter mentioned in section seventy or section seventy-seven,
clause (b), (c) or (d).
**84. Revision of record-of-rights by Chief Commissioner.—After an assessment has been confirmed**
by the Governor General in Council, the Chief Commissioner shall not exercise, in respect of any entry of
the descriptions referred to in section eighty-three duly made in a record-of-rights prepared in connection
with such assessment and duly attested, the power of revision conferred by sections twenty-five and thirtyone, unless it is proved that such entry was made inadvertently.
**85. Proceedings regarding lands the property of Government.— In respect of lands declared to be**
the property of Government, the Settlement-officer shall, instead of proceeding as hereinbefore provided,
conduct such operations, and prepare such record, as the Chief Commissioner may direct.
________
CHAPTER VII.
## OF SETTLEMENTS MADE BEFORE THIS ACT COMES INTO
FORCE.
**86. Former settlements deemed to have been made under this Act.—Settlements made before this**
Act comes into force shall be deemed, so far as may be, to have been made hereunder; and the provisions
of this Act in regard to proceedings taken and records prepared by Settlement-officers in the making of
settlements hereunder shall apply in like manner to proceedings taken and records prepared before this Act
comes into force.
**87. Effect of awards of proprietary rights at such settlements.—When a Settlement-officer or**
Settlement Court has, at any settlement made before this Act comes into force, made an award of proprietary
rights in any land, all claims which after consideration by such officer or Court may have been expressly
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decided by him or it to be invalid, or inferior to the claims of the persons in whose favour the award was
made, shall be barred both as against Government and as against the persons last mentioned; and no suit
shall lie for the enforcement of such claims in any Civil Court.
The award at any such settlement of proprietary rights in land to a widow shall be deemed to confer on
her those rights only which, in accordance with the personal law to which she is subject, she would enjoy
in land inherited by her from her husband.
**88. When suits for proprietary rights will lie in Civil Courts.— Any person whose claim to**
proprietary rights in any land was not expressly decided by such officer or Court may sue in a Civil Court
to establish such claim; and if he can prove that, when proprietary rights in such land were awarded by such
officer or Court to other persons, he was entitled to interests therein of the same nature as those upon
consideration of which the award was made, the Civil Court may declare him entitled to a proprietary right
of such nature and extent in the land as it may deem just.
**89. Chief Commissioner may allot waste-land to malik-makbuzas entitled thereto.—When at any**
settlement made before this Act comes into force malik-makbuzas have been declared entitled to a portion
of the waste-lands comprised in any mahal the Chief Commissioner may, notwithstanding anything
contained in the record of such settlement, prescribe the extent of such portion and the mode in which the
same shall be assigned to them; and may determine the nature and extent of their interests therein and the
conditions on which they may hold it.
______
**PART IV.**
**OF REVENUE-ADMINISTRATION.**
_______
CHAPTER VIII.
## OF THE COLLECTION OF LAND-REVENUE.
**90.** **Power of Chief Commissioner to regulate payment of land-revenue.—Notwithstanding**
anything contained in the record-of-rights of any village, the Chief Commissioner may fix the number and
amount of the instalments, and the times, places and manner, at and in which land-revenue, whether payable
direct to the Government or not, shall be paid.
Until the Chief Commissioner otherwise directs, all such payments shall be made on the dates, in the
instalments, in the manner and at the places on, in and at which they are payable when this Act comes into
force.
**91.** **“Arrear.” “Defaulters.”.—When any sum payable under a settlement or sub-settlement is not**
paid within the time at which it is payable under section ninety, such sum shall be deemed to be an arrear,
and all the persons with whom such settlement or sub-settlement was made, their representatives and
assigns, shall thereupon become jointly and severally liable for it, and shall be deemed to be defaulters
within the meaning of this Act.
_Realization of Revenue from Malguzars._
**92. Tahsildar’s statement of account to be conclusive evidence of arrear.—A statement of account,**
authenticated by the signature of the Tahsildar, shall, for the purposes of this chapter, be conclusive
evidence of the existence of any arrear payable direct to the Government, of its amount, and of the persons
who in respect thereof are defaulters.
**93. Notice of demand.—The Deputy Commissioner or any officer empowered by him in this behalf**
may, if he thinks fit, before any of the processes hereinafter referred to are issued for the recovery of such
an arrear, cause a notice of demand to be served on any of the defaulters.
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**94. Processes for recovery of arrears.—An arrear payable directly to Government may be recovered**
by anyone or more of the following processes:—
(a) by arresting the defaulter and imprisoning him in the civil jail;
(b) by attaching and selling his moveable property;
(c) by attaching the mahal in respect of which the arrear has accrued or the share or land of any
malguzar who has not paid the portion of the revenue which, as between him and the other malguzars,
is payable by him, and taking the same mahal, share or land under direct management;
(d) by transferring the share or land of any malguzar who has not paid such portion to any malguzar
who has paid the same, or, if every such malguzar declines to accept such share or land, to any person
having a mortgage or charge upon the same, and who consents to accept it;
(e) by annulling the settlement of the mahal in respect of which the arrear has accrued, and taking
such mahal under direct management or farming the same;
(f) by selling such mahal, or the share or land of any malguzar who has not paid the portion of the
revenue aforesaid;
(g) by selling immoveable property belonging to the defaulter other than the land in respect of which
the arrear has accrued:
Provided as follows:—
(1) the process mentioned in clause (a) shall not be issued against any female, minor, lunatic
or idiot;
(2) the processes mentioned in clauses (d), (e), (f) and (g) shall not be enforced without the
previous sanction of the Chief Commissioner;
(3) no land shall be sold, and the settlement of no land shall be annulled, on account of an arrear
accruing in respect of land whilst it is under attachment, or under charge of the Superintendent of
Government Wards, or held under direct management, or let in farm in accordance with any of the
provisions of this Act.
The processes specified in clauses (a), (b) and (g) may be enforced either in the district in which
the default has been made, or in any other district.
**95. Arrest and imprisonment for recovery of arrear.—The process mentioned in section**
ninety-four, clause (a), may be executed by issuing a warrant directing the officer named therein, if the
defaulter fails to pay the arrear by a date to be fixed in the warrant, to bring him to the tahsil.
If, when the defaulter arrives at the tahsil, the arrear is still unpaid, the Tahsildar may order him to be
taken before the Deputy Commissioner, or may keep him under personal restraint at the tahsil for a period
not exceeding ten days, unless within such period the arrear is paid, and may then, if the arrear is still
unpaid, cause him to be taken before the Deputy Commissioner.
**96. Imprisonment of defaulter in civil jail.—If the arrear is not paid when the defaulter arrives before**
the Deputy Commissioner, the Deputy Commissioner may issue an order to the officer in charge of the civil
jail of the district, directing him to confine the defaulter in such jail for such period, not exceeding three
months from the date of the order, as the Deputy Commissioner may think fit, unless within such period
the arrear is paid.
**97. Procedure in sales of moveable property.—Attachments and sales of moveable property made**
under this chapter shall be conducted as nearly as may be according to the law for the time being in force
for the attachment and sale of moveable property under the decree of a Civil Court.
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**98. Management of mahal, share or land attached under section 94 (c).—After causing any**
attachment to be made under section ninety-four, clause (c), the Deputy Commissioner shall issue a
proclamation declaring the attachment to be in force, and shall take the attached mahal, share or land under
his own management, or place it under the management of any agent whom he may appoint for the purpose.
**99. Effect of attachment.—During the continuance of an attachment under section ninety-eight, the**
defaulters shall be excluded from possession of the land attached, and the Deputy Commissioner or the
agent appointed by him shall have all their rights to manage the land and to realize the rents and profits
arising therefrom, and shall be bound by all their liabilities as malguzars or proprietors to any subordinate
proprietors or tenants of such land.
**100. Profits of land how applied.—The surplus profits of such land, after defraying the cost of**
attachment and management, shall be applied, first, to the payment of any revenue becoming due in respect
of such land during the attachment; and next, to discharging the arrear for the recovery of which the
attachment was made.
**101. Attachment when to cease.—The attachment shall continue until the arrear is paid or realized**
from the profits of the land attached, or the Deputy Commissioner reinstates the defaulters in possession:
Provided that no attachment shall continue beyond five years from the first day of the agricultural year
next following its commencement.
**102. Transfer under section 94 (d).—When it is proposed to execute the process mentioned in section**
ninety-four, clause (d), the persons to whom the share or land in respect of which the arrear is due is to be
transferred shall be required to pay such arrear, or to secure its payment to the satisfaction of the Deputy
Commissioner.
No such transfer shall be made for a term exceeding fifteen years from the first day of the agricultural
year next after the date on which it is sanctioned by the Chief Commissioner.
**Joint and several liability not affected by transfer.—No proceedings taken under this section shall**
affect the joint and several liability of the malguzars of the mahal for arrears accruing in respect of such
mahal subsequently to the transfer of the share or land, except that, as regards all such arrears, the transferee
shall stand in the place of the malguzar whose share or land is transferred.
**103. Procedure after receipt of sanction to annulment of settlement.—When the Chief**
Commissioner sanctions the annulment of the settlement of any mahal, the Deputy Commissioner shall
proclaim such annulment, and may then exclude the defaulters from the possession of the mahal, and either
manage the mahal or any portion thereof himself or through an agent, or let the mahal or any portion thereof
in farm for such term and on such conditions as the Chief Commissioner directs:
Provided that no management or farm under this section shall continue for a longer period than fifteen
years from the first day of the agricultural year next after the proclamation of annulment of settlement.
After the date of such proclamation no liabilities shall accrue under the settlement so annulled; but such
annulment shall not affect anything done or any liability incurred under the settlement before such date.
**104. Case of a portion of a mahal being managed or farmed.—When a portion only of the mahal is**
managed or let in farm under section one hundred and three, the rest of such mahal shall be separately
resettled with the proprietors thereof for the remainder of the term of settlement.
**105.** **Settlement on expiry of management or farm.—As soon as the management or farm of any**
mahal or portion thereof has come to an end, the Deputy commissioner shall offer to the persons entitled
under section forty-nine to an offer of assessment a new assessment of the land, on such conditions as the
Chief Commissioner may direct, for the remainder of the term of the settlement of the mahel; and, if such
offer is refused, may, with the previous sanction of the Chief Commissioner, let such mahal or portion in
26
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farm for the remainder of the term of settlement to some other person, or manage it himself or through an
agent for such period.
**106. Effect of Annulment of settlement.—No leases, liens or other incumbrances created by the**
defaulters, or by any person through or under whom they claim, of, or upon any land managed or let in farm
under this Act, shall, during such management or farm, be binding upon the Deputy Commissioner or
Settlement-officer, his agent or lessee.
**107. Saving of rights in sir-land.—No defaulter shall be deprived of the possession of his sir-land in**
the execution of any of the processes mentioned in section ninety-four, clauses (c), (d) and (e); but every
such defaulter shall, while such process is being enforced, be entitled to retain possession of, and liable to
pay rent for, such land as if he were an absolute occupancy-tenant, at such rent as may be fixed by the
Deputy Commissioner.
**108.** **Nature of estate taken by purchaser of land sold for arrears due thereon.—Unless the Chief**
Commissioner in sanctioning the sale otherwise directs, a purchaser of any land sold for arrears of revenue
due in respect their of acquires the full proprietorship or superior or inferior proprietorship of it, as the case
may be, free of all leases, liens and other incumbrances; and all grants or contracts previously made by any
person other than the purchaser in respect of such land shall become void as against such purchaser.
Nothing in this section shall—
(a) affect the rights of any proprietor, superior or inferior to the defaulters, or of any malik-makbuza
or occupancy-tenant, who does not derive his rights as such proprietor, malik-makbuza or tenant from
express contract with such defaulters, or any person through whom they claim; or
(b) apply to lands held under leases at fair rents for the erection thereon of dwelling-houses, places
of worship or manufactories, or for working mines, minerals, coals and quarries, or for laying out and
maintaining gardens and burial-grounds, or for constructing tanks and canals, so long as the lands
continue to be used for the purposes specified in such leases respectively; or
(c) deprive any defaulter whose property is sold of the rights in respect to his sir-land conferred by
any law for the time being in force.
The Chief Commissioner may, from time to time, determine what rents shall be deemed to be fair
rents within the meaning of this section.
**109. Rules for sale of immoveable property.—When immoveable property is sold under this Act, the**
rules prescribed in sections 287, 288, 293 and 306 to 316, both inclusive, of the Code of Civil Procedure
shall be followed, except in the following particulars (that is to say):—
(a) The defaulter may pay the arrear in respect of which the land is to be sold at any time before
the day fixed for the sale, and on such payment the sale shall be stayed.
(b) The proclamation directed by the said section 287 shall, when the sale is under clause (f), section
ninety-four, of this Act, declare that, subject to the provisions of section one hundred and eight, the full
proprietorship, or superior or inferior proprietorship, as the case may be, is to be sold free from all
leases, liens, and other incumbrances, and the certificate mentioned in section 316 of the said Code
shall contain a similar statement.
(c) The last two clauses of the said section 287 shall not apply.
(d) An appeal from any order under section 312 of the said Code for confirming or setting aside the
sale shall lie to the Commissioner of the Division, and an appeal from the Commissioner's order on
such appeal shall lie to the Chief Commissioner.
(e) The Deputy Commissioner may, from time to time, postpone any sale which he has proclaimed,
reporting such postponement to the Commissioner of the Division.
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(f) Section 309 of the said Code shall be read as if, after the words “for such payment,” the words
“and every sale of such property made after a postponement” were added.
(g) Section 313 of the said Code shall not apply to sales under section ninety-four, clause (f), of
this Act.
(h) Section 316 of the said Code shall be read as if the words “The Deputy Commissioner shall
place the purchaser in possession of the lands which he has purchased” were added thereto.
**110. Pre-emption at sales.—In the course of a sale under section ninety-four, clause (f), if the property**
is knocked down to a stranger, the following persons may claim to take it at the sum last bid in the following
order:—
(a) any malguzar who has paid the revenue which, as between him and the other malguzars, is
payable by him;
(b) if the superior proprietorship is sold, the inferior proprietor;
(c) if the inferior proprietorship is sold, the superior proprietor;
Provided that such claim is made before the officer conducting the sale closes the sitting at which the
sale is held, and that the claimant undertakes to fulfil all the conditions of the sale binding on the purchaser.
**111.** **Application of proceeds of sale of immoveable property.—The proceeds of every sale in**
execution of any process mentioned in section ninety-four shall be applied, first, in satisfaction of the arrear
on account of which the sale was held and of the expenses of such sale; secondly, to the payment of any
other arrear due to Government by the defaulter; and the surplus, if any, shall then be payable to him, or,
where there are more defaulters than one, to such defaulters according to their respective shares in the
property sold.
**112. Costs recoverable as part of arrear.—The costs of serving a notice of demand under section**
ninety-three and of enforcing any process mentioned in section ninety-four shall be recoverable as part of
the arrear in respect of which the notice was served and the process was issued.
**113. Matters as to which Chief Commissioner may make rules.—The Chief Commissioner may**
make rules—
(a) for the guidance of Revenue-officers in issuing notices demand under section ninety-three and
executing the processes mentioned in section ninety-four;
(b) defining the classes of officers by whom the processes mentioned in section ninety-four,
clauses (a) and (b), may be enforced;
(c) prescribing the agency by which any of the processes issued under section ninety-four shall be
executed.
**114. Remedies open to person denying that sum demanded as an arrear is due.—Notwithstanding**
anything contained in section ninety-two, when proceedings are taken under this Act for the recovery of an
arrear, the person against whom such proceedings are taken may, if he denies that the arrear or any part
thereof is due, pay the same under protest made at the time of payment and duly signed by him or by his
agent, and institute a suit in the Civil Court for the recovery of the amount which he denies to be due.
_Realization of Revenue by Malguzars._
**115. Limitation of right to set-off, &c., in suit for arrears.—In a suit for the recovery of an arrear of**
revenue not being revenue payable directly to Government, and in a suit brought by a lambardar to recover
the amount of any revenue payable to Government through him, the defendant shall not, except with the
permission of the Court,—
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(a) set-off against the plaintiff's demand any sum of money recoverable by him from the
plaintiff; or
(b) claim credit for any payment purporting to have been made on account when such payment was
made before the date on which the amount thereof became due.
**116. Recovery of arrear through Deputy Commissioner instead of by suit.—Any lambardar or**
sub-lambardar entitled to recover an arrear, or any malguzar to whom such an arrear is due under a
sub-settlement, may, before instituting a suit for the recovery thereof, apply to the Deputy Commissioner
to recover such arrear on his behalf as if it were an arrear of revenue payable directly to Government.
The Deputy Commissioner may, if he thinks fit, comply with such application, but shall, before
compliance therewith, give to the persons who would be defendants if a suit were instituted for the recovery
of such arrear, opportunity to show cause against the order which he proposes to make.
The Deputy Commissioner shall not be made a defendant to any suit instituted under section
one hundred and fourteen in respect of an arrear as to which an order has been made under this section.
No person on whose account the Deputy Commissioner proceeds under this section to recover an arrear
shall thereby be relieved of his responsibility for such arrear.
**117. Saving of right of magluzar to demand revenue of land assessed to revenue and held**
**free.—Nothing in the Indian Limitation Act, 1877, and no agreement made after this Act comes into**
## force, shall bar the right of the malguzars of any mahal assessed with land-revenue to demand revenue in respect of any land which, having been taken into account in such assessment, has been held by any person without payment of revenue.
The Chief Commissioner may, in his discretion, exempt any case from the operation of this section.
**118. Limitation in suits for revenue.—No suit for the recovery of revenue payable under a**
## settlement or sub-settlement shall be instituted after three years reckoned from the date on which such revenue becomes payable.
In other respects the limitation of such suits shall be governed by the Indian Limitation
Act, 1877.
Interest on Arrears.
**119. Interest on arrears.—Interest shall not be charged on an arear of revenue unless the Chief**
Commissioner, by general or special order, so directs; provided that the Court may award interest at such
rate as it thinks fit on sums payable under a sub-settlement.
______
## CHAPTER IX.
OF REVENUE AND VILLAGE RECORDS.
**120. Correction of record-of-rights.—Any entry in the record of rights may, after such record has**
been made over to the Deputy Commissioner, be corrected by the Deputy Commissioner on the application
of any person interested, or of his own motion. Such correction may be made on one or more of the
following grounds and on no others:—
(a) that all persons interested in such entry wish to have it corrected; or
(b) that by a decree in a suit brought under section eighty-three it has been declared to be erroneous;
or
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(c) that, being founded on a decree or order of a Civil Court, or on the order of a Revenue or
Settlement-officer, it is not in accordance with such decree or order; or
(d) that, being founded on such decree or order, the order or decision has subsequently been
modified on appeal or review, or has been revised by the Chief Commissioner.
**121. Revision of record in accordance with provision therein contained.—The Deputy**
Commissioner may revise a record-of-rights when such revision is provided for in such record.
**122. Powers of Deputy Commissioner as to correction of entry or revision of record.—When the**
Deputy Commissioner takes proceedings for the correction of any entry in the record-of-rights or for the
revision of such record-of-rights, he shall exercise, for the purpose of such correction or revision, all the
powers which the Chief Settlement-officer might have exercised if the proceedings had been taken whilst
the settlement was in progress.
**123. Power to direct that rule or custom entered in record-of-rights shall be enforced by**
**Government.—The Chief Commissioner may, in his discretion, by notification in the official Gazette,**
direct that any specified rule, custom or condition duly entered in the record-of-rights of any specified
village shall be enforced by the Government.
**Punishment of violation of such rule or custom.— If any of the persons with whom a settlement or**
sub-settlement has been made, violate or neglect any rule, custom or condition with respect to which the
Chief Commissioner has made a direction under this section, the Deputy Commissioner may, if no penalty
is provided by any law for the time being in force for such violation or neglect, recover from such person
a penalty not exceeding two hundred rupees.
**124. Suit to set aside proceedings under section 123.—Any person against whom proceedings have**
been taken under section one hundred and twenty-three may institute a suit against Government to set aside
such proceedings on the ground that no rule, custom or condition was, in fact, violated or neglected. If the
Court finds that no rule, custom or condition has been violated or neglected, it may by its order annul such
proceedings, and direct that any penalty paid by the plaintiff be refunded; and may also award to him such
costs as he has necessarily incurred in the proceedings, and such further sum as compensation as it thinks
fit.
**125. Powers of Chief Commissioner as to registration of changes after preparation of record-of-**
**rights.—The Chief Commissioner may—**
(a) direct that the mukaddam of each village shall, for the purpose of showing the changes occurring
therein subsequently to the preparation of the record-of-rights, prepare, or, where there is a patwari,
cause to be prepared, and furnish, annually for such village, papers in such form, at such time,
containing such particulars, and attested in such manner, as the Chief Commissioner may, from time to
time, prescribe;
(b) lay down the procedure to be followed in order to ascertain that a change has occurred in the
village, and the nature of such change.
All changes referred to in this section shall be recorded in such registers as the Chief Commissioner
appoints, and not in the record-of-rights, and the Chief Commissioner may direct that, before any
specified changes are recorded, the order of a specified Revenue-officer shall be obtained in this behalf.
**126. Possession of proprietary rights to be notified.—All persons lawfully entering into possession**
of proprietary rights and interests in any land shall, within a reasonable time, give notice of such entry to
the Tahsildar of the tahsil in which such land is situated.
If any question arises whether any right or interest is a proprietary right or interest within the meaning
of this section, the decision thereof by the Chief Commissioner shall be final.
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**Notice to be given by guardian in case of minority or idiotcy.—If the person so entering is a minor,**
lunatic or idiot, the guardian or other person who has charge of his property shall give the notice require by
this section.
**127. Fine for neglect to give notice of possession.—Any person neglecting to give the notice required**
by section one hundred and twenty-six shall be liable, at the discretion of the Deputy Commissioner or
Assistant Commissioner, to fine which may extend to fifty rupees for each day during which such neglect
continues.
**128. Obligation to aid in preparation of village-papers.—All persons being in possession of**
proprietary rights in land shall, on being so required by the Deputy Commissioner, prepare, or cause to be
prepared, such papers, and furnish such information, as may be required for the preparation of the villagepapers prescribed under section one hundred and twenty-five.
**129. Fees for recording changes;—The Chief Commissioner may direct that fees shall be leviable**
when changes are recorded under the last clause of section one hundred and twenty-five, and may fix the
amount of such fees.
**from whom leviable.—All fees so leviable shall be levied from the person in whose favour the change**
is made.
**130. Annual enquiry regarding land held free from revenue.—The Deputy Commissioner shall in**
each year make enquiry regarding all cases in which land has been granted by Government, conditionally
or for a time, free, wholly or in part, from the payment of revenue.
**Procedure on breach of conditions of grant.—If it appears to the Deputy Commissioner that the**
conditions of any grant have been broken by the grantee, he shall report the case through the Commissioner
of the division for the orders of the Chief Commissioner, who may direct that the land be assessed, or may
pass such other order as he thinks fit.
**Procedure on expiry of term of grant.—If it appears to the Deputy Commissioner that the term of**
any such grant has expired, or (when the grant is for a life or lives) if the person last entitled to hold the
land comprised in the grant, free from revenue, or at less than full revenue-rates, has died, he shall assess
the same, and shall report his proceedings through the Commissioner of the division for the sanction of the
Chief Commissioner.
**131. Inspection of revenue-records.—All records kept under this Act shall be open to public**
inspection at such times, and on such conditions as to fees or otherwise, as the Chief Commissioner from
time to time directs.
## CHAPTER X.
OF CERTAIN ADDITIONAL POWERS AND FUNCTIONS OF
REVENUE-OFFICERS.
**132.** **Purposes for which, when settlement is not in progress, Deputy Commissioner shall exercise**
**Settlement-officers’ powers.—The Deputy Commissioner shall, when a settlement is not in progress,**
exercise the powers conferred by this Act on Settlement-officers for the following purposes:—
(a) causing boundary-marks to be erected or repaired, and recovering the cost of such erection and
repair;
(b) assessing land-revenue on lands which are liable to assessment, but have not been assessed;
(c) declaring any local area to be a mahal;
(d) settling lands from which the proprietors were excluded at settlement and to which they have
been or are about to be re-admitted;
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(e) settling mahals in respect of which an application has been made under the third proviso to
section fifty-six;
(f) dealing with claims to hold land wholly or partially free from revenue as against the malguzars;
(g) assessing lands gained by alluvion;
(h) ascertaining and recording village-cesses which are levied when this Act comes into force, but
have not been recorded at the settlement.
**133.** **Purposes for which officers may be invested with Settlement-officers’ powers.—The Chief**
Commissioner may, during the currency of a settlement, invest any officer with the powers conferred on a
Settlement-officer by sections forty, forty-one and forty-two; or,
with the sanction of the Governor General in Council, with any other of the powers which are by this
Act conferred on a Settlement-officer; but not so as to enable him to enhance the amount of an assessment
in force under section fifty-six.
**134.** **Cognizance of, and penalty for, offence of injuring boundary-marks.—Any person wilfully**
erasing, removing or damaging a boundary-mark may be ordered by the Deputy Commissioner or by a
Tahsildar or naib Tahsildar empowered by the Chief Commissioner in this behalf to pay to the officer
making the order, in addition to any fine to which such person would be liable under section 434 of the
Indian Penal Code, such sum, not exceeding fifty rupees, as may in the opinion of such officer be necessary
to defray the expense of restoring the same, and of rewarding the person (if any) who gave information of
such erasure, removal or damage.
**135. Procedure when person injuring cannot be found.—Whenever the person erasing, removing**
or damaging such mark cannot be discovered, or if for any other reason it is found impracticable to recover
from him the sum which he has been ordered to pay, the mark shall be re-erected or repaired at the cost of
the proprietors, mortgagees or framers of such one or more of the adjoining lands as the Deputy
Commissioner thinks fit.
**136. Partition of mahal into two mahals.—Any malguzars of a mahal who are not co-sharers with**
the malguzars of such mahal in any lands comprised in such mahal, except such lands as are under the law
relating to partition for the time being in force indivisible, may apply to the Deputy Commissioner to make
the lands held by them separately from such other malguzars a separate mahal; and the Deputy
Commissioner shall thereupon make such lands and the lands held separately by the remaining malguzars
separate mahals, and shall, with the previous sanction of the Commissioner, apportion between the two new
mahals thus constituted the entire revenue assessed upon the original mahal.
## ______
CHAPTER XI.
VILLAGE-OFFICERS AND PATWARIS.
**137. Power to make rules as to officers.—The Chief Commissioner may make rules regulating the**
appointment, remuneration, suspension and removal of lambardars, sub-lambardars and mukaddams:
Provided that, except with the previous sanction of the Governor General in Council, proprietors, other
than malik-makbuzas, shall not be liable to pay, on account of the aggregate remuneration of lambardars or
sub-lambardars and mukaddams, a sum exceeding five per cent. on the land-revenue which is assessed on
their land, or which, when their land is free from revenue, would, in the judgment of the Deputy
Commissioner, be assessed on their land if it were subject to assessment.
In framing rules for the appointment under this section of lambardars and sub-lambardars for any mahal,
the Chief Commissioner shall have regard among other matters to local custom and hereditary claims, and
to entries on the subject in the record-of-rights of such mahal.
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In every village in which there are resident malguzars, one of such malguzars shall be the mukaddam.
**138. Duties of lambardars.—It shall be the duty of every lambardar and sub-lambardar—**
(a) to collect and pay into the Government Treasury so much of the land-revenue as may under
section seventy-one be payable through him, either solely or jointly with other lambardars or
sub-lambadars;
(b) to collect and pay to the mukaddam, or into the Government Treasury, as the Deputy
Commissioner may direct, all sums of money payable through him, either solely or jointly with other
lambardars or sub-lambardars, by the proprietors whom he represents, on account of the remuneration
of the mukaddam, patwaris or village-watchmen, or on account of any expenses which the mukaddam
is authorized to recover from the lambardars or sub-lambardars of his village;
(c) to assist the mukaddam in obtaining all particulars which he is bound to enter in the annual
village-papers, or to report under this Act.
**139. Lambardars may recover free and other charges from proprietors.—Together with the**
land-revenue, lambardars and sub-lambardars may recover from the proprietors whom they respectively
represent—
(a) any remuneration to which they are entitled as such; and
(b) the sum which, under section one hundred and thirty-eight, they are bound to pay to
mukaddams:
Provided that no such recovery shall made from malik-makbuzas paying a percentage which includes
remuneration to mukaddams and lambardars.
**140. Deputy Commissioner may alter channel through which malik-makbuza pays revenue.—**
On the application of any malik-makbuza or other like holder of land, or of the lambadar or sub-lambardar
through whom such malik-makbuza or other holder of land pays the revenue assessed on his holding, the
Deputy Commissioner may, for sufficient cause shown, order that such revenue be paid through any other
lambardar or sub-lambardar, or that it be paid into the Government Treasury.
**Effect of order for payment of revenue direct to Government.—When the Deputy Commissioner**
orders such payment to be made into the Government Treasury, such portion of the percentage fixed under
section sixty-four as the Deputy Commissioner, subject to the control of the Chief Commissioner, may
determine, shall be so paid, and the malik-makbuza or other person shall pay the rest to the mukaddams on
account of their fees and the other village-expenses.
**141. Duties of mukaddams.—It shall be the duty of every mukaddam—**
(a) to control and superintend the village-patwari and village-watchmen; to report their deaths or
absence from duty; to maintain them in the possession of any lands appertaining to their office; to
recover and pay to them any cash allowances to which they may be entitled; and to take such steps as
may be necessary to compel them to perform their duties;
(b) to furnish reports regarding the state of his village, at such places and times as the Deputy
Commissioner fixes in this behalf;
(c) to report and, if possible, to prevent encroachments on the public paths and roadways in his
village;
(d) to preserve such stations and marks erected in his village by Government-surveyors as may be
made over to his care;
33
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(e) subject to any rules issued by the Chief Commissioner, to keep his village in good sanitary
condition;
(f) to report violations of any rules which the Chief Commissioner may make for the preservation
of underwood, forests and trees growing on the village-lands, and for securing to persons entitled to cut
wood and enjoy other privileges in the waste-lands of the village the rights to which they are entitled;
(g) to collect, or aid in the collection of, all payments due to Government in his village;
(h) to report all births and deaths taking place in his village.
The Chief Commissioner may make rules—
(1) adding to the list of duties which a mukaddam is required to perform under this section; and
(2) regulating the liability of persons residing in any village for charges necessarily incurred by
mukaddams in the performance of the duties specified in clause (e) in respect of such village, and for
apportioning such charges among such persons; and
(3) determining the officers to whom reports under this section shall be made.
**142. Liabilities imposed by law on land-holders to attach to mukaddams.—When, by any**
enactment for the time being in force, any public duties are imposed on, or public liabilities are declared to
attach to, landholders, their managers and agents and the like, such duties shall be deemed to be imposed
on, and such liabilities shall be held to attach to, mukaddams appointed under this Act:
Provided that nothing herein contained shall discharge landholders, their managers or agents, or the
like, from any liabilities imposed upon them by law.
**143. Power of mukaddams to recover certain expenses incurred.—Every mukaddam may recover**
from the lambardars or sub-lambardars of the village to which he is appointed his own remuneration,
together with any expenses necessarily incurred in the performance of his duties.
**144. Chief Commissioner may make rules as to patwaris.—The Chief Commissioner may make**
rules—
(a) regulating the manner in which patwaris are to be selected; prescribing the conditions under
which they may be appointed; and fixing the limits of their circles and the nature, mode and amount of
their remuneration;
(b) prescribing the conditions under which substitutes may be appointed for persons having
hereditary claims to the office of patwari, when such persons are unable to act;
(c) prescribing the fines which may be imposed on patwaris and their substitutes for neglect of their
duty, and stating the circumstances under which they may be suspended or removed:
Provided that, except with the previous sanction of the Governor General in Council, no proprietor shall
be compelled to pay as remuneration to patwaris a sum exceeding six per cent. on the revenue for the time
being assessed on his land, or which, when his land is free from revenue, would, in the judgment of the
Deputy Commissioner, be assessable on his land if it were liable to assessment.
**145. Chief Commissioner may make rules for guidance of Deputy Commissioners in certain**
**matters.—The Chief Commissioner may make rules for the guidance of Deputy Commissioners in dealing**
with cases where, at the time of making the settlement next before this Act comes into force, the
maintenance of a patwari was made optional, and the persons settled with are unable to agree as to whether
a patwari should be maintained, and for dealing with cases where no patwari is, under such option,
maintained and the mukaddams or proprietors have made default in the performance of the duties of a
patwari.
Such rules may empower the Deputy Commissioner, in the latter class of cases—
34
-----
(a) to impose fines not exceeding fifty rupees on such mukaddams or proprietors, and therefrom to
make provision for the temporary performance of the duties in respect of which they have made default;
(b) to appoint patwaris in the villages of such proprietors, either for the term of the settlement or
for any shorter term, and to fix the remuneration of such patwaris.
Nothing in the proviso to section one hundred and forty-four shall apply to patwaris so appointed.
**146. Chief Commissioner may define duties of patwaris.—The Chief Commissioner may make rules**
prescribing the duties of patwaris—
(a) towards the Government; and may in such rules determine the registers, returns or other papers
which they shall keep or furnish, the forms and language in which such registers and returns are to be
prepared, the mode of their preparation and attestation, and the dates on which they are to be furnished;
(b) towards the members of the village-community; and may in such rules fix the remuneration,
if any, other than the fixed emoluments of their office, which the patwaris may demand in respect of
the performance of such duties.
**Patwaris’ papers to be public documents.—All records and papers which patwaris are required to**
prepare or keep by any rule made by the Chief Commissioner under this section shall be deemed to be
public documents within the meaning of the Indian Evidence Act, 1872, and to be the property of
Government.
**147. Patwaris to produce papers for inspection, and to allow copies to be made.—Patwaris shall**
produce at all reasonable times, for the inspection of all persons interested therein, all records and papers
which they are so required to prepare or keep, and shall allow such persons to make copies of such records
and papers.
**148. Existing officers confirmed.—All existing lambardars, sub-Iambardars, mukaddams and**
patwaris shall, unless the Chief Commissioner in any specified case otherwise directs, be deemed to have
been appointed under this Act.
**149. Lambardars’ and other officers’ dues recoverable as arrears.—Any sums which lambardars,**
sub-Iambardars, mukaddams and patwaris are entitled to recover or demand under this chapter may, if the
Deputy Commissioner so directs, be recovered in the same manner as an arrear of revenue payable directly
to the Government.
**150.** **Holders of sir-land in Sambalpur to provide for remuneration of mukaddams.—In each**
village of the district of Sambalpur all persons holding sir-land, other than mukaddams, are bound to
provide for the due remuneration of the mukaddam of the village; and the Chief Commissioner may make
rules for the enforcement of this obligation.
## ______
PART V.
CHAPTER XII.
MISCELLANEOUS.
**151. Right to mines and quarries.—Unless it is otherwise expressly provided in the records of a**
settlement or by the terms of a grant made by the Government, the right to all mines, minerals, coals and
quarries, and to all fisheries in navigable rivers, and the right to extract sap from all palmyra and cocoanut
trees, shall be deemed to belong to Government; and the Government shall have all powers necessary for
the proper enjoyment of such rights:
Provided that, whenever in the exercise by the Government of the rights herein referred to over any
land, the rights of any persons are infringed by the occupation or disturbance of the surface of such land,
the Government shall pay to such persons compensation for such infringement, and the amount of such
35
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compensation shall be determined as nearly as may be in accordance with the provisions of the Land
Acquisition Act, 1870.
**152. Exclusive jurisdiction of Revenue-authorities. Matters excepted from jurisdiction of Civil**
**Courts.—Except as otherwise hereinbefore provided,—**
(a) no Civil Court shall entertain any suit instituted, or application made, to obtain a decision or order
on any matter which the Governor General in Council, the Chief Commissioner or a Revenue or Settlementofficer is, by this Act, empowered to determine or dispose of; and in particular
(b) no Civil Court shall exercise jurisdiction over any of the following matters:
(1) any matters provided for in sections forty, forty-one, forty-two and eighty-nine, as to waste
lands:
(2) the claim of any person to have an assessment offered to, or sub-settlement made with, him:
(3) the amount of revenue or rate to be assessed on any mahal, share or portion of a mahal under
this or any other Act for the time being in force:
(4) questions as to the validity of any engagement with Government for the payment of
land-revenue, or of any agreement entered into by superior or inferior proprietors in a settlement or
sub-settlement:
(5) claims connected with or arising out of any process enforced on account of refusal to accept the
assessment offered in a settlement or sub-settlement by the Settlement-officer or Deputy
Commissioner:
(6) the amount of the allowance or rent fixed under section sixty-one or sixty-two:
(7) the redistribution according to established custom, by a Settlement-officer, of land comprised
in a mahal:
(8) the formation of the record-of-rights, the preparation, signing or attestation of any of the
documents contained therein, or the notification of settlement:
(9) any matters provided for or referred to in section seventy-three, seventy-four or one hundred
and thirty as to lands held or claimed to be he1d free from revenue, except rights arising under any
contract between the Government of India and grantees of land:
(10) claims connected with, or arising out of, the collection of revenue, or any process enforced on
account of an arrear of revenue, or on account of any sum which is under this or any other Act realizable
as revenue:
(11) claims to set aside, on any ground other than fraud, sales for arrears of revenue:
(12) corrections of entries revisions of records under sections one hundred and twenty, one hundred
and twenty-one and one hundred and twenty-two:
(13) claims to have a partition and apportionment made under section one hundred and thirty-six,
and questions as to the distribution or apportionment under that section of the land or of the revenue of
a mahal:
(14) claims to the office of patwari, lambardar, sub-lambardar or mukaddam, or in respect of any
injury caused by exclusion therefrom, or to compel the performance of the duties thereof:
(15) claims to compel the performance of any duties imposed by this Act on any Revenue or
Settlement-officer.
In all the above cases jurdisdiction shall rest with the Revenue-authorities only.
36
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**153. For what village-cesses suit lies.—No suit shall lie in any Civil or Revenue Court for the recovery**
of any village-cess which has not been sanctioned by the Chief Commissioner and also either recorded at a
settlement or under section one hundred and thirty-two, clause (h).
**154. Limitation of claims for compensation in case of waste-land demarcated as property of**
**Government.—Whenever, at any settlement made before this Act comes into force, waste-1ands have been**
demarcated as the property of Government, no claim of any person to, or in respect of, such lands shall be
entertained by any Civil Court after the expiration of three years from the date of such demarcation.
**155. Restriction on Revenue and Settlement-officers trading and holding land.—No Revenue or**
Settlement-officer, and no person employed in any Revenue or Settlement office, shall, except with the
express permission of the Chief Commissioner,—
(a) engage in trade, or be in any way concerned, directly or indirectly, in any commercial
transaction, or in the purchase or hiring of land, in the district to which he is appointed, or in which he
is employed;
(b) purchase or bid for, either in person or by agent, in his own name or in that of another, or jointly
or in shares with others, any property which may be sold by order of any Revenue-authority in such
district.
The Chief Commissioner may delegate to Commissioners of divisions or to Deputy Commissioners the
power of granting the permission mentioned in this section in the case of any specified class of officers.
Nothing in this section shall be deemed to preclude any person from becoming a member of a company
incorporated under the Indian Companies Act, 1866.
**156. When mahal managed or farmed, or upon proclamation under section 98 or 103, rent**
**payable to Deputy Commissioner. Payment to proprietor in anticipation of due date.—When any**
mahal is managed or let in farm under section fifty-seven or fifty-eight, or when either of the proclamations
mentioned in sections ninety-eight and one hundred and three has been made, all sums due to the proprietor
in respect of the mahal, share or land mentioned in any of the said sections shall be payable only to the
Deputy Commissioner or Settlement-officer, his agent or lessee; and no payment made to such proprietor
in anticipation of the usual period for such payment shall, without the sanction of the Deputy Commissioner
or Settlement-officer, be credited to the person making the same in account with the Deputy Commissioner
or Settlement-officer, his agent or lessee.
**157. Recovery of balances due by farmers.—When any land has been let in farm under the provisions**
of this Act, any revenue due from the farmer in respect of such land may be recovered from him or his
surety as an arrear of revenue payable directly to Government.
**158. Recovery of revenue due when Act comes into force; and of money payable under Act.—All**
land-revenue due when this Act comes into force, and all penalties or other moneys payable to, or
recoverable by, an officer of Government under this Act, shall be recovered from the persons from whom
they are due and from the sureties if any of such persons as if such land-revenue, penalties or moneys were
an arrear of revenue payable directly to Government due under this Act by such persons and their sureties.
**159. Past proceedings for collection of revenue legalized.—All proceedings taken before this Act**
comes into force for the collection of the land-revenue or the realization of arrears thereof shall be deemed
to have been taken in accordance with law.
**160. Chief Commissioner may empower persons by name, or confer powers on classes.—In**
conferring powers under this Act the Chief Commissioner may empower persons by name or classes of
officials generally by their official titles.
**161. Chief Commissioner may vary or cancel orders.—The Chief Commissioner may vary or cancel**
any order conferring powers under this Act.
37
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**162. Chief Commissioner may make rules and attach penalty to breach thereof.—The Chief**
Commissioner may, with the previous sanction of the Governor General in Council, make rules consistent
with this Act for carrying out its provisions, and may attach to the breach of any such rule, or of any other
rule made by him under this Act, a penalty which may extend to two hundred rupees, or, when such breach
is a continuing breach, to fifty rupees for each day during which such breach continues.
All powers to make rules conferred by this Act on the Chief Commissioner shall be exercised subject
to the control of the Governor General in Council, and may be exercised from time to time as occasion
requires.
No rule made by the Chief Commissioner under this Act shall take effect until it has been published in
the local official Gazette.
All such rules, when so published, shall have the force of law.
__________
38
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## SCHEDULE.
(See section 2.)
ENACTMENTS REPEALED.
Title.
For amending the Bengal Code
in regard to sales of land for
arrear of revenue.
the establishment
maintenance of boundary-marks
in the North-Western Provinces
of Bengal.
To make further provision for the
settlement of land gained by
alluvion in the Presidency of Fort
William in Bengal.
39
|Number and year.|Title.|Extent of repeal.|
|---|---|---|
|Act XII of 1841.|For amending the Bengal Code in regard to sales of land for arrear of revenue.|So much as has not been repealed.|
|Act I of 1847|For the establishment and maintenance of boundary-marks in the North-Western Provinces of Bengal.|The whole.|
|Act XXXI of 1858.|To make further provision for the settlement of land gained by alluvion in the Presidency of Fort William in Bengal.|The whole.|
-----
|
9-Dec-1881 | 26 | The Negotiable Instruments Act, 1881 | https://www.indiacode.nic.in/bitstream/123456789/2189/1/a1881-26.pdf | central | THE NEGOTIABLE INSTRUMENTS ACT, 1881
_____________
ARRENGMENT OF SECTIONS
____________
CHAPTER I
PRELIMINARY
PREAMBLE.
SECTIONS
1. Short title.
Local extent,
Saving of usages relating to hundis, etc.,
Commencement.
2. [Repealed.].
3. Interpretation-clause.
“Banker.”
CHAPTER II
OF NOTES, BILLSAND CHEQUES
4. “Promissory note.”
5. “Bill of exchange.”
6. “Cheque.”
7. “Drawer”, “Drawee”.
“Drawee in case of need.”
“Acceptor.”
“Acceptor for honour.”
“Payee.”
8. “Holder.”
9. “Holder in due course.”
10. “Payment in due course.”
11. Inland instrument.
12. Foreign instrument.
13. “Negotiable instrument.”
14. Negotiation.
15. Indorsement.
-----
SECTIONS
16. Indorsement “in blank” and “in full”.
“Indorsee.”
17. Ambiguous instruments.
18. Where amount is stated differently in figures and words.
19. Instruments payable on demand.
20. Inchoate stamped instruments.
21. “At sight” —“On presentment.”
“After sight.”
22. “Maturity.”
Days of grace.
23. Calculating maturity of bill or note payable so many months after date or sight.
24. Calculating maturity of bill or note payable so many days after date or sight.
25. When day of maturity is a holiday.
CHAPTER III
P A R T I E S T O N O T E S, B I L L S A N D C H E Q U E S .
26. Capacity to make, etc., promissory notes, etc.
Minor.
27. Agency.
28. Liability of agent signing.
29. Liability of legal representative signing.
30. Liability of drawer.
31. Liability of drawee of cheque.
32. Liability of maker of note and acceptor of bill.
33. Only drawee can be acceptor except in need or for honour.
34. Acceptance by several drawees not partners.
35. Liability of indorser.
36. Liability of prior parties to holder in due course.
37. Maker, drawer and acceptor principals.
38. Prior party a principal in respect of each subsequent party.
39. Suretyship.
40. Discharge of indorser’s liability.
-----
SECTIONS
41. Acceptor bound, although indorsement forged.
42. Acceptance of bill drawn in fictitious name.
43. Negotiable instrument made, etc., without consideration.
44. Partial absence or failure of money-consideration.
45. Partial failure of consideration not consisting of money.
45A. Holder’s right to duplicate of lost bill.
CHAPTER IV
OF NEGOTIATION
46. Delivery.
47. Negotiation by delivery.
48. Negotiation by indorsement.
49. Conversion of indorsement in blank into indorsement in full.
50. Effect of indorsement.
51. Who may negotiate.
52. Indorser who excludes his own liability or makes it conditional.
53. Holder deriving title from holder in due course.
54. Instrument indorsed in blank.
55. Conversion of indorsement in blank into indorsement in full.
56. Indorsement for part of sum due.
57. Legal representative cannot by delivery only negotiate instrument indorsed by deceased.
58. Instrument obtained by unlawful means or for unlawful consideration.
59. Instrument acquired after dishonour or when overdue.
Accommodation note or bill.
60. Instrument negotiable till payment or satisfaction.
C H A P T E R V
O F P RESE N TM EN T
61. Presentment for acceptance.
62. Presentment of promissory note for sight.
63. Drawee’s time for deliberation.
64. Presentment for payment.
65. Hours for presentment.
66. Presentment for payment of instrument payable after date or sight.
67. Presentment for payment of promissory note payable by instalments.
-----
SECTIONS
68. Presentment for payment of instrument payable at specified place and not elsewhere.
69. Instrument payable at specified place.
70.Presentment where no exclusive place specified.
71. Presentment when maker, etc., has no known place of business or residence.
72. Presentment of cheque to charge drawer.
73. Presentment of cheque to charge any other person.
74. Presentment of instrument payable on demand.
75. Presentment by or to agent, representative of deceased, or assignee of insolvent.
75A. Excuse for delay in presentment for acceptance or payment.
76. When presentment unnecessary.
77. Liability of banker for negligently dealing with bill presented for payment.
CHAPTER VI
OF PAYMENT AND INTEREST
78. To whom payment should be made.
79. Interest when rate specified.
80. Interest when no rate specified.
81. Delivery of instrument on payment, or indemnity in case of loss.
CHAPTER VII
OF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES
82. Discharge from liability.
(a) by cancellation;
(b) by release;
(c) by payment.
83. Discharge by allowing drawee more than forty-eight hours to accept.
84. When cheque not duly presented and drawer damaged thereby.
85. Cheque payable to order.
85A. Drafts drawn by one branch of a bank on another payable to order.
86. Parties not consenting discharged by qualified or limited acceptance.
87. Effect of material alteration.
Alteration by indorsee.
88. Acceptor or indorser bound notwithstanding previous alteration.
89. Payment of instrument on which alteration is not apparent.
90. Extinguishment of rights of action on bill in acceptors’ hands.
-----
CHAPTER VIII
OF NOTICE OF DISHONOUR
SECTIONS
91. Dishonour by non-acceptance.
92. Dishonour by non-payment.
93. By and to whom notice should be given.
94. Mode in which notice may be given.
95. Party receiving must transmit notice of dishonour.
96. Agent for presentment.
97. When party to whom notice given is dead.
98. When notice of dishonour is unnecessary.
CHAPTER IX
O F N O T I N G A N D P R O T E S T
99. Noting.
100. Protest.
Protest for better security.
101. Contents of protest.
102. Notice of protest.
103. Protest for non-payment after dishonour by non-acceptance.
104. Protest of foreign bills.
104A.When noting equivalent to protest.
CHAPTER X
O F R E A S O N A B L E T I M E
105. Reasonable time.
106. Reasonable time of giving notice of dishonour.
107. Reasonable time for transmitting such notice.
CHAPTER XI
OF ACCEPTANCE AND PAYMENT FOR HONOUR AND REFERENCE IN CASE OF NEED
108. Acceptance for honour.
109. How acceptance for honour must be made.
110. Acceptance not specifying for whose honour it is made.
111. Liability of acceptor for honour.
112. When acceptor for honour may be charged.
113. Payment for honour.
114. Right of payer for honour.
115. Drawee in case of need.
-----
SECTIONS
116. Acceptance and payment without protest.
CHAPTER XII
O F C OM P E N S A T I O N
117. Rules as to compensation.
CHAPTER XIII
S P E C I A L R U L ES O F E V I D E N C E
118. Presumptions as to negotiable instruments.
(a) of consideration;
(b) as to date;
(c) as to time of acceptance;
(d) as to time of transfer;
(e) as to order of indorsements;
(f) as to stamp;
(g) that holder is a holder in due course;
119. Presumption on proof of protest.
120. Estoppel against denying original validity of instrument.
121. Estoppel against denying capacity of payee to indorse.
122. Estoppel against denying signature or capacity of prior party.
CHAPTER XIV
O F C ROSSEDC HEQUES
123. Cheque crossed generally.
124. Cheque crossed specially.
125. Crossing after issue.
126. Payment of cheque crossed generally.
Payment of cheque crossed specially.
127. Payment of cheque crossed specially more than once.
128. Payment in due course of crossed cheque.
129. Payment of crossed cheque out of due course.
130. Cheque bearing “not negotiable”.
131. Non-liability of banker receiving payment of cheque.
131A. Application of Chapter to drafts.
-----
CHAPTER XV
O F B I L L S I N S E T S
SECTIONS
132. Set of bills.
133. Holder of first acquired part entitled to.
CHAPTER XVI
O F I N T E R N A T I O N A LLA W
134. Law governing liability of maker, acceptor or indorser of foreign instrument.
135. Law of place of payment governs dishonour.
136. Instrument made, etc., out of India, but in accordance with the law of India.
137. Presumption as to foreign law.
CHAPTER XVII
OF PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE
ACCOUNTS
138. Dishonour of cheque for insufficiency, etc., of funds in the account.
139. Presumption in favour of holder.
140. Defence which may not be allowed in any prosecution under section 138.
141. Offences by companies.
142. Cognizance of offences.
142A. Validation for transfer of pending cases.
143. Power of Court to try cases summarily.
143A. Power to direct interim compensation.
144. Mode of service of summons.
145. Evidence on affidavit.
146. Bank’s slip prima facie evidence of certain facts.
147. Offences to be compoundable.
148. Power of Appellate Court to order payment pending appeal against conviction.
SCHEDULE.—[Enactments repealed]. Rep. by the Repealing and Amending Act, 1891
_(12 of 1891), s. 2 and Schedule I._
-----
## THE NEGOTIABLE INSTRUMENTS ACT, 1881
ACT NO. 26 OF 1881[1]
[9th December, 1881.]
## An Act to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques.
**Preamble.—Whereas it is expedient to define and amend the law relating to promissory notes, bills**
of exchange and cheques; It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Short title.—This Act may be called the Negotiable Instruments Act, 1881.**
**Local extent. Saving of usages relating to hundis, etc.—It extends to the whole of India [2]*** but**
nothing herein contained affects the [3]Indian Paper Currency Act, 1871 (3 of 1871), section 21, or affects
any local usage relating to any instrument in an oriental language: Provided that such usages may be
excluded by any words in the body of the instrument which indicate an intention that the legal relations of
the parties thereto shall he governed by this Act;
**Commencement.—and it shall come into force on the first day of March, 1882.**
**2. [Repeal of enactments.] Rep. by the Repealing and Amending Act, 1891(12 of 1891), s. 2 and**
_the Schedule I._
**3. Interpretation-clause.—In this Act—**
4* - - -
**“Banker”.—[5][“banker” includes any person acting as a banker and any post office savings bank;]**
6* - - -
CHAPTER II
OF NOTES, BILLSAND CHEQUES
**4. “Promissory note.”—A “Promissory note” is an instrument in writing (not being a bank-note or a**
currency-note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of
money only to, or to the order of, a certain person, or to the bearer of the instrument.
_Illustrations_
A signs instruments in the following terms:
(a ) “I promise to pay B or order Rs. 500.”
(b) “I acknowledge myself to be indebted to B in Rs. 1,000, to be paid on demand, for value received.”
(c) “Mr. B, I O U Rs. 1,000.”
(d) “I promise to Pay B Rs. 500 and all other sums which shall be due to him.”
(e) “I promise to Pay B Rs. 500, first deducting thereout any money which he may owe me.”
(f) “I promise to Pay B Rs. 500 seven days after my marriage with C.”
(g) “I promise to Pay B Rs. 500 on D's death, provided D leaves me enough to pay that sum.”
1. The Act has been extended to Goa, Daman and Diu with modifications, by Reg. 12 of 1962, s. 3 and Sch., (w.e.f. 1-10-1965)
extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965), to the
Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and the Sch. (w.e.f. 1-10-1967) [and to the State of Arunachal Pradesh
by Act 44 of 1993, s. 2 and the Sch. (w.e.f. 1-7-1994)].
2. The words “except the State of Jammu and Kashmir”, which were subs. by Act 3 of 1951, for “except Part B States”, omitted
by Act 62 of 1956, s. 2 and the Sch.
3. Rep. by the Indian Paper Currency Act, 1923 (10 of 1923). See now the Reserve Bank of India Act, 1934 (2 of 1934), s. 31.
4. Definition of the word “India”, which was subs. by Act 3 of 1951, for the definition of the word “State”, omitted by Act 62 of
1956, s. 2 and the Sch.
5. Subs. by Act 37 of 1955, s. 2, for the definition of the word “banker”.
6. Omitted by Act 53 of 1952, s. 16 (w.e.f. 14-2-1956).
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(h) “I promise to Pay B Rs. 500 and to deliver to him my black horse on 1st January next.”
The instruments respectively marked (a) and (b) are promissory notes. The instruments respectively marked (c),
(d), (e), (f), (g) and (h)are not promissory notes.
**5. “Bill of exchange.”—A “bill of exchange” is an instrument in writing containing an unconditional**
order, signed by the maker, directing a certain person to pay a certain sum of money only to, or to the
order of, a certain person or to the bearer of the instrument.
A promise or order to pay is not “conditional”, within the meaning of this section and section 4, by
reason of the time for payment of the amount or any instalment thereof being expressed to be on the lapse
of a certain period after the occurrence of a specified even which, according to the ordinary expectation of
mankind, is certain to happen, although the time of its happening may be uncertain.
The sum payble may be “certain”, within the meaning of this section and section 4, although it
includes future interest or is payable at an indicated rate of exchange, or is according to the course of
exchange, and although the instrument provides that, on default of payment of an instalment, the balance
unpaid shall become due.
The person to whom it is clear that the direction is given or that payment is to be made may be a
“certain person”, within the meaning of this section and section 4, although he is mis-named or
designated by description only.
1[6. “Cheque.”—A “cheque” is a bill of exchange drawn on a specified banker and not expressed to
be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a
cheque in the electronic form.
_Explanation I.—For the purposes of this section, the expressions—_
2[(a) “a cheque in the electronic form” means a cheque drawn in electronic form by using any
computer resource and signed in a secure system with digital signature (with or without biometrics
signature) and asymmetric crypto system or with electronic signature, as the case may be;]
(b) “a truncated cheque” means a cheque which is truncated during the course of a clearing cycle,
either by the clearing house or by the bank whether paying or receiving payment, immediately on
generation of an electronic image for transmission, substituting the further physical movement of the
cheque in writing.
_Explanation II.— For the purposes of this section, the expression “clearing house” means the clearing_
house managed by the Reserve Bank of India or a clearing house recognised as such by the Reserve Bank
of India.]
3[Explanation III.—For the purposes of this section, the expressions “asymmetric crypto system”,
“computer resource”, “digital signature”, “electronic form” and “electronic signature” shall have the same
meanings respectively assigned to them in the Information Technology Act, 2000(21 of 2000).]
**7. “Drawer” “Drawee”.—The maker of a bill of exchange or cheque is called the “drawer”; the**
person thereby directed to pay is called the “drawee”.
“Drawee in case of need”.— When in the Bill or in any indorsement thereon the name of any person
is given in addition to the drawee to be resorted to in case of need such person is called a “drawee in case
of need.”
“Acceptor”.—After the drawee of a bill has signed his assent upon the bill, or, if there are more parts
thereof than one, upon one of such parts, and delivered the same, or given notice of such signing to the
holder or to some person on his behalf, he is called the “acceptor”.
“Acceptor for honour”.— [4][When a bill of exchange has been noted or protested for non-acceptance
or for better security,] and any person accepts it supra protest for honour of the drawer or of any one of
the indorsers, such person is called an “acceptor for honour”.
1. Subs. by Act 55 of 2002, s. 2, for section 6 (w.e.f. 6-2-2003).
2. Subs. by Act 26 of 2015, s.2, for clause (a) (w.e.f. 15-6-2015)
3. The Explanation III, ins. by s. 2, ibid, (w.e.f. 15-6-2015).
4. Subs. by Act 2 of 1885, s. 2, for “When acceptance is refused and the bill is protested for non -acceptance.”
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“Payee”.—The person named in the instrument, to whom or to whose order the money is by the
instrument directed to be paid, is called the “Payee”.
**8. “Holder”.—The “holder” of a promissory note, bill of exchange or cheque means any person**
entitled in his own name to the possession thereof and to receive or recover the amount due thereon from
the parties thereto.
Where the note, bill or cheque is lost or destroyed, its holder is the person so entitled at the time of
such loss or destruction.
**9. “Holder in due course”.—“Holder in due course” means any person who for consideration**
became the possessor of a promissory note, bill of exchange or cheque if payable to bearer,
or the payee or indorsee thereof, if [1][payable to order,]
before the amount mentioned in it became payable, and without having sufficient cause to believe that
any defect existed in the title of the person from whom he derived his title.
**10. “Payment in due course”.—“Payment in due course” means payment in accordance with the**
apparent tenor of the instrument in good faith and without negligence to any person in possession thereof
under circumstances which do not afford a reasonable ground for believing that he is not entitled to
receive payment of the amount therein mentioned.
**11. Inland instrument.—A promissory note, bill of exchange or cheque drawn or made in [2][India]**
and made payable in, or drawn upon any person resident in, [2][India] shall be deemed to be an inland
instrument.
**12. Foreign instrument. —Any such instrument not so drawn, made or made payable shall be**
deemed to be a foreign instrument.
**13.“Negotiable instrument”.—[3][(1) A “negotiable instrument” means a promissory note, bill of**
exchange or cheque payable either to order or to bearer.
_Explanation_ (i)—A promissory note, bill of exchange or cheque is payable to order which is
expressed to be so payable or which is expressed to be payable to a particular person, and does not
contain words prohibiting transfer or indicating an intention that it shall not be transferable.
_Explanation_ (ii)—A promissory note, bill of exchange or cheque is payble to bearer which is
expressed to be so payable or on which the only or last indorsement is an indorsement in blank.
_Explanation_ (iii)—Where a promissory note, bill of exchange or cheque, either originally or by
indorsement, is expressed to be payable to the order of a specified person, and not to him or his
order, it is nevertheless payable to him or his order at his option.]
4[(2) A negotiable instrument may be made payable to two or more payees jointly, or it may be made
payable in the alternative to one of two, or one or some of serveral payees.]
**14. Negotiation.—When a promissory note, bill of exchange or cheque is transferred to any person,**
so as to constitute that person the holder thereof, the instrument is said to be negotiated.
**15. Indorsement.—When the maker or holder of a negotiable instrument signs the same, otherwise**
than as such maker, for the purpose of negotiation, on the back or face thereof or on a slip of paper
annexed thereto, or so signs for the same purpose a stamped paper intended to be completed as a
negotiable instrument, he is said to indorse the same, and is called the “indorser”.
**16. Indorsement “in blank” and “in full”.—[5][(1)] If the indorser signs his name only, the**
indorsement is said to be “in blank,” and if he adds a direction to pay the amount mentioned in the
instrument to, or to the order of, a specified person, the indorsement is said to be “in full”, and the
person so specified
1. Subs. by Act 8 of 1919. s. 2, for “payable to, or to the order of, a payee,”.
2. Subs. by Act 36 of 1957, s. 3 and the Second Schedule “a State”.
3. Subs. by Act 8 of 1919, s. 3, for the sub-section (1).
4. Ins. by Act 5 of 1914, s. 2.
5. S. 16 renumbered as sub-section (1) by s. 3, ibid.
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**“Indorsee”.—is called the “indorsee” of the instrument.**
1[(2) The provisions of this Act relating to a payee shall apply with the necessary modifications to an
indorsee.]
**17. Ambiguous instruments.—Where an instrument may be construed either as a promissory note or**
bill of exchange, the holder may at his election treat it as either, and the instrument shall be thenceforward
treated accordingly.
**18. Where amount is stated differently in figures and words.—If the amount undertaken or**
ordered to be paid is stated differently in figures and in words, the amount stated in words shall be the
amount undertaken or ordered to be paid.
**19. Instruments payable on demand.—A promissory note or bill of exchange, in which no time for**
payment is specified, and a cheque, are payable on demand.
**20. Inchoate stamped instruments.—Where one person signs and delivers to another a paper**
stamped in accordance with the law relating to negotiable instruments then in force in [2][India], and
either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives
_prima facie_ authority to the holder thereof to make or complete, as the case may be, upon it a
negotiable instrument, for any amount specified therein and not exceeding the amount covered by the
stamp. The person so signing shall be liable upon such instrument, in the capacity in which he signed
the same, to any holder in due course for such amount: provided that no person other than a holder in
due course shall recover from the person delivering the instrument anything in excess of the amount
intended by him to be paid thereunder.
**21. “At sight”.—“On presentment”.—Ina promissory note or bill of exchange the expressions “at**
sight” and “on presentment” mean on demand. The expression “After sight”—“after sight” means, in a
promissory note, after presentment for sight, and, in a bill of exchange, after acceptance, or nothing for
non-acceptance, or protest for non-acceptance.
**22. “Maturity”.—The maturity of a promissory note or bill of exchange is the date at which it falls**
due.
**Days of grace.—Every promissory note or bill of exchange which is not expressed to be payable on**
demand, at sight or on presentment is at maturity on the third day after the day on which it is expressed to
be payable.
**23. Calculating maturity of bill or note payable so many months after date or sight.—In**
calculating the date at which a promissary note or bill of exchange, made payable a stated number of
months after date or after sight, or after a certain event, is at maturity, the period stated shall be held to
terminate on the day of the month which corresponds with the day on which the instrument is dated, or
presented for acceptance or sight, or noted for non-acceptance, or protested for non-acceptance, or the
event happens, or, where the instrument is a bill of exchange made payable a stated number of months after
sight and has been accepted for honour, with the day on which it was so accepted. If the month in which
the period would terminate has no corresponding day, the period shall be held to terminate on the last
day of such month.
_Illustrations_
(a) A negotiable instrument, dated 29th January, 1878, it made payable at one month after date. The instrument is at
maturity on the third day after the 28th February, 1878.
(b) A negotiable instrument, dated 30th August, 1878, it made payable three months after date. The instrument is at maturity
on the 3rd December, 1878.
(c) A promissory note or bill of exchange, dated 31st August, 1878, is made payable three months after date. The instrument
is at maturity on the 3rd December, 1878.
1. Ins. by Act 5 of 1914, s. 3.
2. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the States”.
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**24. Calculating maturity of bill or note payable so many days after date or sight.—In calculating**
the date at which a promissory note or bill of exchange made payable a certain number of days after date
or after sight or after a certain event is at maturity, the day of the date, or of presentment for acceptance or
sight, or of protest for non-acceptance, or on which the event happens, shall be excluded.
**25. When day of maturity is a holiday.—When the day on which a promissory note or bill of**
exchange is at maturity is a public holiday, the instrument shall be deemed to be due on the next
preceding, business day.
_Explanation.—The expression “public holiday” includes Sundays: [1]*** and any other day declared by_
the [2][Central Government], by notification in the Official Gazette, to be a public holiday.
CHAPTER III
PARTIES TO NOTES, BILLS AND CHEQUES.
**26. Capacity to make, etc., promissory notes, etc.—Every person capable of contracting, according**
to the law to which he is subject, may bind himself and be bound by the making, drawing, acceptance,
indorsement, delivery and negotiation of a promissory note, bill of exchange or cheque.
**Minor.—A minor may draw, indorse, deliver and negotiate such instrument so as to bind all parties**
except himself.
Nothing herein contained shall be deemed to empower a corporation to make, indorse or accept such
instruments except in cases in which, under the law for the time being in force, they are so empowered.
**27. Agency.— Every person capable of binding himself or of being bound, as mentioned in section**
26, may so bind himself or be bound by a duly authorized agent acting in his name.
A general authority to transact business and to receive and discharge debts does not confer upon an
agent the power of accepting or indorsing bills of exchange so as to bind his principal.
An authority to draw bills of exchange does not of itself import an authority to indorse.
**28. Liability of agent signing.—An agent who signs his name to a promissory note, bill of exchange**
or cheque without indicating thereon that he signs as agent, or that he does not intend thereby to incur
personal responsibility, is liable personally on the instrument, except to those who induced him to sign
upon the belief that the principal only would be held liable.
**29. Liability of legal representative signing.—A legal representative of a deceased person who**
signs his name to a promissory note, bill of exchange or cheque is liable personally thereon unless he
expressly limits his liability to the extent of the assets received by him as such.
**30. Liability of drawer.—The drawer of a bill of exchange or cheque is bound, in case of dishonour**
by the drawee or acceptor thereof, to compensate the holder, provided due notice of dishonour has been
given to, or received by, the drawer as hereinafter provided.
**31. Liability of drawee of cheque.—The drawee of a cheque having sufficient funds of the drawer in his**
hands properly applicable to the payment of such cheque must pay the cheque when duly required so to do,
and, in default of such payment, must compensate the drawer for any loss or damage caused by such default.
**32. Liability of maker of note and acceptor of bill.—In the absence of a contract to the contrary, the**
maker of a promissory note and the acceptor before maturity of a bill of exchange are bound to pay the
amount thereof at maturity according to the apparent tenor of the note or acceptance respectively, and the
acceptor of a bill of exchange at or after maturity is bound to pay the amount thereof to the holder on demand.
In default of such payment as aforesaid, such maker or acceptor is bound to compensate any party to
the note or bill for any loss or damage sustained by him and caused by such default.
1. The words “New Year's day, Christmas day: if either of such days falls on a Sunday, the next following Monday: Good
Friday:” omitted by Act 37 of 1955, s. 3 (w.e.f. 1-4-1956).
2. Subs by the A.O. 1937, for “L.G”.
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**33. Only drawee can be acceptor except in need or for honour.—No person except the drawee of**
a bill exchange, or all or some of several drawees, or a person named therein as a drawee in case of need,
or an acceptor for honour, can bind himself by an acceptance.
**34. Acceptance by several drawees not partners.—Where there are several drawees of a bill of**
exchange who are not partners, each of them can accept it for himself, but none of them can accept it for
another without his authority.
**35. Liability of indorser.—In the absence of a contract to the contrary, whoever indorses and delivers a**
negotiable instrument before maturity without, in such it indorsement, expressly excluding or making
conditional his own liability, is bound thereby to every subsequent holder, in case of dishonour by the
drawee, acceptor or maker, to compensate such holder for any loss or damage caused to him by such
dishonour, provided due notice of dishonour has been given to, or received by, such indorser as hereinafter
provided.
Every indorser after dishonour is liable as upon an instrument payable on demand.
**36. Liability of prior parties to holder in due course.—Every prior party to a negotiable instrument**
is liable thereon to a holder in due course until the instrument is duly satisfied.
**37. Maker, drawer and acceptor principals.—The maker of a promissory note or cheque, the drawer of**
a bill of exchange until acceptance, and the acceptor are, in the absence of a contract to the contrary,
respectively liable thereon as principal debtors, and the other parties thereto are liable thereon as sureties for
the maker, drawer or acceptor, as the case may be.
**38. Prior party a principal in respect of each subsequent party.—As between the parties so liable**
as sureties, each prior party is, in the absence of a contract to the contrary, also liable thereon as a
principal debtor in respect of each subsequent party.
_Illustration_
A draws a bill payable to his own order on B, who accepts. A afterwards indorses the bill to C, C to D, and D to E. As
between E and B, B is the principal debtor, and A, C and D are his sureties. As between E and A, A is the principal debtor, and C
and D are his sureties. As between E and C, C is the principal debtor and D is his surety.
**39. Suretyship.—When the holder of an accepted bill of exchange enters into any contract with the**
acceptor which, under section 134 or 135 of the Indian Contract Act, 1872 (9 of 1872), would discharge
the other parties, the holder may expressly reserve his right to charge the other parties, and in such case
they are not discharged.
**40. Discharge of indorser's liability.—Where the holder of a negotiable instrument, without the**
consent of the indorser, destroys or impairs the indorser’s remedy against a prior party, the indorser is
discharged from liability to the holder to the same extent as if the instrument had been paid at maturity.
_Illustration_
A is the holder of a bill of exchange made payable to the order of B, which contains the following indorsements in
blank:—
First indorsement, “B”.
Second indorsement, “Peter Williams”.
Third indorsement, “Wright & Co.”
Fourth indorsement. “John Rozario”.
This bill A puts in suit against John Rozario and strikes out, without John Rozario's consent, the indorsements by Peter
Williams and Wright & Co. A is not entitled to recover anything from John Rozario.
**41. Acceptor bound, although, indorsement forged.—An acceptor of a bill of exchange already**
indorsed is not relieved from liability by reason that such indorsement is forged, if he knew or had reason
to believe the indorsement to be forged when he accepted the bill.
**42. Acceptance of bill drawn in fictitious name.—An acceptor of a bill of exchange drawn in a**
fictitious name and payable to the drawer's order is not, by reason that such name is fictitious, relieved
from liability to any holder in due course claiming under an indorsement by the same hand as the drawer's
signature, and purporting to be made by the drawer.
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**43. Negotiable instrument made, etc., without consideration.—A negotiable instrument made,**
drawn, accepted, indorsed or transferred without consideration, or for a consideration which fails, creates
no obligation of payment between the parties to the transaction. But if any such party has transferred the
instrument with or without indorsement to a holder for consideration, such holder, and every subsequent
holder deriving title from him, may recover the amount due on such instrument from the transferor for
consideration or any prior party thereto.
_Exception_ I.—No party for whose accommodation a negotiable instrument has been made, drawn,
accepted or indorsed can, if he have paid the amount thereof, recover thereon such amount from any
person who became a party to such instrument for his accommodation.
_Exception II.—No party to the instrument who has induced any other party to make, draw, accept, indorse_
or transfer the same to him for a consideration which he has failed to pay or perform in full shall recover
thereon an amount exceeding the value of the consideration (if any) which he has actually paid or performed.
**44. Partial absence or failure of money-consideration.—When the consideration for which a**
person signed a promissory note, bill of exchange or cheque consisted of money, and was originally
absent in part or has subsequently failed in part, the sum which a holder standing in immediate relation
with such signer is entitled to receive from him is proportionally reduced.
_Explanation.—The drawer of a bill of exchange stands in immediate relation with the acceptor. The_
maker of a promissory note, bill of exchange or cheque stands in immediate relation with the payee, and
the indorser with his indorsee. Other signers may by agreement stand in immediate relation with a holder.
_Illustration_
A draws a bill on B for Rs. 500 payable to the order of A, B accepts the bill, but subsequently dishonours, it by
non-payment. A sues B on the bill, B proves that it was accepted for value as to Rs. 400, and as an accommodation to
the plaintiff as to the residue. A can only recover Rs. 400.
**45. Partial failure of consideration not consisting of money.—Where a part of the consideration**
for which a person signed a promissory note, bill of exchange or cheque, though not consisting of money,
is ascertainable in money without collateral enquiry, and there has been a failure of that part, the sum
which a holder standing in immediate relation with such signer is entitled to receive from him is
proportionally reduced.
**1[45A. Holder's right to duplicate of lost bill.—Where a bill of exchange has been lost before it is**
over-due, the person who was the holder of it may apply to the drawer to give him another bill of the
same tenor, giving security to the drawer, if required, to indemnify him against all persons whatever in
case the bill alleged to have been lost shall be found again.
If the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to do
so.]
CHAPTER IV
OF NEGOTIATION
**46. Delivery.—The making, acceptance or indorsement of a promissory note, bill of exchange or**
cheque is completed by delivery, actual or constructive.
As between parties standing in immediate relation, delivery to be effectual must be made by the party
making, accepting or indorsing the instrument, or by a person authorized by him in that behalf.
As between such parties and any holder of the instrument other than a holder in due course, it may be
shown that the instrument was delivered conditionally or for a special purpose only, and not for the
purpose of transferring absolutely the property therein.
A promissory note, bill of exchange or cheque payable to bearer is negotiable by the delivery thereof.
A promissory note, bill of exchange or cheque payable to order is negotiable by the holder by
indorsement and delivery thereof.
1. Ins. by Act 2 of 1885, s. 3.
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**47. Negotiation by delivery.—Subject to the provisions of section 58, a promissory note, bill of**
exchange or cheque payable to bearer is negotiable by delivery thereof.
_Exception.—A promissory note, bill of exchange or cheque delivered on condition that it is not to_
take effect except in a certain event is not negotiable (except in the hands of a holder for value without
notice of the condition) unless such event happens.
_Illustrations_
(a) A, the holder of a negotiable instrument payable to bearer, delivers it to B's agent to keep for B. The instrument has been
negotiated.
(b) A, the holder of a negotiable instrument payable to bearer, which is in the hands of A's banker, who is at the time the
banker of B, directs the banker to transfer the instrument to B's credit in the banker's account with B. The banker does so, and
accordingly now possesses the instrument as B's agent. The instrument has been negotiated, and B has become the holder of it.
**48. Negotiation by indorsement.—Subject to the provisions of section 58, a promissory note, bill of**
exchange or cheque [1][payable to order], is negotiable by the holder by indorsement and delivery thereof.
**49. Conversion of indorsement in blank into indorsement in full.—The holder of a negotiable**
instrument indorsed in blank may, without signing his own name, by writing above the indorser’s
signature a direction to pay to any other person as indorsee, convert the indorsement in blank into an
indorsement in full; and the holder does not thereby incur the responsibility of an indorser.
**50. Effect of indorsement.—The indorsement of a negotiable instrument followed by delivery**
transfers to the indorsee the property therein with the right of further negotiation; but the indorsement
may, by express words, restrict or exclude such right, or may merely constitute the indorsee an agent to
indorse the instrument, or to receive its contents for the indorser, or for some other specified person.
_Illustrations_
B signs the following indorsements on different negotiable instruments payable to bearer.—
(a) “Pay the contents to C only”.
(b) “Pay C for my use.”
(c) “Pay C or order for the account of B.”
(d) “the within must be credited to C.”
These indorsements exclude the right of further negotiation by C.
( _e_ ) “Pay C.”
(f) “Pay C value in account with the Oriental Bank.”
(g) “Pay the contents to C, being part of the consideration in a certain deed of assignment executed by C to the indorser
and others.”
These indorsements do not exclude the right of further negotiation by C.
**51. Who may negotiate.—Every sole maker, drawer, payee or indorsee, or all of several joint**
makers, drawers, payees or indorsees, of a negotiable instrument may, if the negotiability of such
instrument has not been restricted or excluded as mentioned in section 50, indorse and negotiate the same.
_Explanation.—Nothing in this section enables a maker or drawer to indorse or negotiate an_
instrument, unless he is in lawful possession or is holder thereof; or enables a payee or indorsee to indorse
or negotiate an instrument, unless he is holder thereof.
_Illustration_
A bill is drawn payable to A or order. A indorses it to B, the indorsement not containing the words “or order” or any
equivalent words. B may negotiate the instrument.
**52. Indorser who excludes his own liability or makes it conditional.—The indorser of a negotiable**
instrument may, by express words in the indorsement, exclude his own liability thereon, or make such
1. Subs. by Act 8 of 1919, s. 4, for “payable to the order of a specified person, or to a specified person or order”.
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liability or the right of the indorsee to receive the amount due thereon depend upon the happening of a
specified event, although such event may never happen.
Where an indorser so excludes his liability and afterwards becomes the holder of the instrument, all
intermediate indorsers are liable to him.
_Illustrations_
(a) The indorser of a negotiable instrument sign; his name adding the words— “Without recourse”.
Upon this indorsement he incurs no liability.
(b) A is the payee and holder of a negotiable instrument. Excluding personal liability by an indorsement
“without recourse” he transfers the instrument to B, and B indorses it to C, who indorses it to A. A is not only
reinstated in his former rights, but has the rights of an indorsee against B and C.
**53. Holder deriving title from holder in due course.—A** holder of a negotiable instrument who
derives title from a holder in due course has the rights thereon of that holder in due course.
**54. Instrument indorsed in blank.—Subject to the provisions hereinafter contained as to crossed**
cheques, a negotiable instrument indorsed in blank is payable to the bearer thereof even although
originally payable to order.
**55. Conversion of indorsement in blank into indorsement in full.—If a negotiable instrument,**
after having been indorsed in blank, is indorsed in full, the amount of it cannot be claimed from the
indorser in full, except by the person to whom it has been indorsed in full, or by one who derives title
through such person.
**56.** **Indorsement for part of sum due.—No writing on a negotiable instrument is valid for the**
purpose of negotiation if such writing purports to transfer only a part of the amount appearing to be due
on the instrument; but where such amount has been partly paid, a note to that effect may be indorsed on
the instrument, which may then be negotiated for the balance.
**57. Legal representative cannot by delivery only negotiate instrument indorsed by deceased.—**
The legal representative of a deceased person cannot negotiate by delivery only a promissory note, bill of
exchange or cheque payable to order and indorsed by the deceased but not delivered.
**58. Instrument obtained by unlawful means or for unlawful consideration.—When a negotiable**
instrument has been lost, or has been obtained from any maker, acceptor or holder thereof by means of an
offence or fraud, or for an unlawful consideration, no possessor or indorsee who claims through the
person who found or so obtained the instrument is entitled to receive the amount due thereon from such
maker, acceptor or holder, or from any party prior to such holder, unless such possessor or indorsee is, or
some person through whom he claims was, a holder thereof in due course.
**59. Instrument acquired after dishonour or when overdue.—The holder of a negotiable**
instrument, who has acquired it after dishonour, whether by non-acceptance or non-payment, with notice
thereof, or after maturity, has only, as against the other parties, the rights thereon of his transferor:
**Accommodation note or bill.—Provided that any person who, in good faith and for consideration,**
becomes the holder, after maturity, of a promissory note or bill of exchange made, drawn or accepted
without consideration, for the purpose of enabling some party thereto to raise money thereon, may
recover the amount of the note or bill from any prior party.
_Illustration_
The acceptor of a bill of exchange, when he accepted it, deposited with the drawer certain goods as a collateral security for
the payment of the bill, with power to the drawer to sell the goods and apply the proceeds in discharge of the bill if it were not
paid at maturity. The bill not having been paid at maturity, the drawer sold the goods and retained the proceeds, but indorsed the
bill to A. A's title is subject to the same objection as the drawer's title.
**60. Instrument negotiable till payment or satisfaction.—A negotiable instrument may be**
negotiated (except by the maker, drawee or acceptor after maturity) until payment or satisfaction thereof
by the maker, drawee or acceptor at or after maturity, but not after such payment or satisfaction.
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C H A P T E R V
O F P RESE N TM EN T
**61. Presentment for acceptance.—A bill of exchange payable after sight must, if no time or place is**
specified therein for presentment, be presented to the drawee thereof for acceptance, if he can, after
reasonable search, be found, by a person entitled to demand acceptance, within a reasonable time after it
is drawn, and in business hours on a business day. In default of such presentment, no party thereto is
liable thereon to the person making such default.
If the drawee cannot, after reasonable search, be found, the bill is dishonoured.
If the bill is directed to the drawee at a particular place, it must be presented at that place; and if at the
due date for presentment he cannot, after reasonable search, be found there, the till is dishonoured.
1[Where authorized by agreement or usage, a presentment through the post office by means of a registered
letter is sufficient.]
**62. Presentment of promissory note for sight.—A promissory note, payable at a certain period after**
sight, must be presented to the maker thereof for sight (if he can after reasonable search be found) by a person
entitled to demand payment, within a reasonable time after it is made and in business hours on a business day.
In default of such presentment, no party thereto is liable thereon to the person making such default.
**63. Drawee’s time for deliberation.—The holder must, if so required by the drawee of a bill of**
exchange presented to him for acceptance, allow the drawee [2][forty-eight] hours (exclusive of public
holidays) to consider whether he will accept it.
**64. Presentment for payment.—[3][(1)] Promissory notes, bills of exchange and cheques must be**
presented for payment to the maker, acceptor or drawee thereof respectively, by or on behalf of the holder
as hereinafter provided. In default of such presentment, the other parties thereto are not liable thereon to
such holder.
1[Where authorized by agreement or usage, a presentment through the post office by means of a
registered letter is sufficient.]
_Exception.—Where a promissory note is payable on demand and is not payable at a specified place,_
no presentment is necessary in order to charge the maker thereof.
4[(2) Notwithstanding anything contained in section 6, where an electronic image of a truncated
cheque is presented for payment, the drawee bank is entitled to demand any further information regarding
the truncated cheque from the bank holding the truncated cheque in case of any reasonable suspicion
about the genuineness of the apparent tenor of instrument, and if the suspicion is that of any fraud,
forgery, tampering or destruction of the instrument, it is entitled to further demand the presentment of the
truncated cheque itself for verification:
Provided that the truncated cheque so demanded by the drawee bank shall be retained by it, if the
payment is made accordingly.]
**65. Hours for presentment—Presentment for payment must be made during the usual hours of**
business and, if at a banker's within banking hours.
**66. Presentment for payment of instrument payable after date or sight—A promissory note or**
bill of exchange, made payable at a specified period after date or sight thereof, must be presented for
payment at maturity.
**67. Presentment for payment of promissory note payable by instalments.—A promissory note**
payable by instalments must be presented for payment on the third day after the date fixed for payment of
each instalment; and non-payment on such presentment has the same effect as non-payment of a note at
maturity.
1. Added by Act 2 of 1885, s. 4.
2. Subs. by Act 12 of 1921, s. 2, for “twenty-four”.
3. Section 64 renumbered as sub-section (1) thereof by Act 55 of 2002, s. 3 (w.e.f. 6-2-2003).
4. Ins. by s. 3, ibid, (w.e.f. 6-2-2003).
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**68. Presentment for payment of instrument payable at specified place and not elsewhere.—A**
promissory note, bill of exchange or cheque made, drawn or accepted payable at a specified place and not
elsewhere must, in order to charge any party thereto, be presented for payment at that place.
**69. Instrument payable at specified place.—A promissory note or bill of exchange made, drawn or**
accepted payable at a specified place must, in order to charge the maker or drawer thereof, be presented
for payment at that place.
**70. Presentment where no exclusive place specified.—A promissory note or bill of exchange, not**
made payable as mentioned in sections 68 and 69, must be presented for payment at the place of business
(if any), or at the usual residence, of the maker, drawee or acceptor thereof, as the case may be.
**71. Presentment when maker, etc., has no known place of business or residence.—If the maker,**
drawee or acceptor of a negotiable instrument has no known place of business or fixed residence, and no
place is specified in the instrument for presentment for acceptance or payment such presentment may be
made to him in person wherever he can be found.
**72. Presentment of cheque to charge drawer.— [1][Subject to the provisions of section 84,] a cheque**
must, in order to charge the drawer, be presented at the bank upon which it is drawn before the relation
between the drawer and his banker has been altered to the prejudice of the drawer.
**73. Presentment of cheque to charge any other person.—A cheque must, in order to charge any**
person except the drawer, be presented within a reasonable time after delivery thereof by such person.
**74. Presentment of instrument payable on demand.—Subject to the provisions of section 31, a**
negotiable instrument payable on demand must be presented for payment within a reasonable time after it
is received by the holder.
**75. Presentment by or to agent, representative of deceased, or assignee of insolvent.—**
Presentment for acceptance or payment may be made to the duly authorized agent of the drawee, maker
or accept or, as the case may be, or, where the drawee, maker or acceptor has died, to his legal
representative, or, where he has been declared an insolvent, to his assignee.
2[75A. Excuse for delay in presentment for acceptance or payment—Delay in presentment 3[for
acceptance or payment] is excused if the delay is caused by circumstances beyond the control of the
holder, and not imputable to his default, misconduct or negligence. When the cause of delay ceases to
operate, presentment must be made within a reasonable time.]
**76. When presentment unnecessary.—No presentment for payment is necessary, and the instrument**
is dishonoured at the due date for presentment, in any of the following cases:—
(a) if the maker, drawee or acceptor intentionally prevents the presentment of the instrument,
or,
if the instrument being payable at his place of business, he closes such place on a business day
during the usual business hours, or,
if the instrument being payable at some other specified place, neither he nor any person
authorized to pay it attends at such place during the usual business hours, or,
if the instrument not being payable at any specified place, he cannot after due search be
found;
(b) as against any party sought to be charged therewith, if he has engaged to pay notwithstanding
non-presentment;
(c) as against any party if, after maturity, with knowledge that the instrument has not been
presented—
he makes a part payment on account of the amount due on the instrument,
or promises to pay the amount due thereon in whole or in part,
1. Ins. by Act 6 of 1897, s. 2.
2. Ins. by Act 25 of 1920, s. 2.
3. Subs. by Act 12 of 1921, s. 3, for “for payment”.
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or otherwise waives his right to take advantage of any default in presentment for payment;
(d) as against the drawer, if the drawer could not suffer damage from the want of such
presentment.
**77. Liability of banker for negligently dealing with bill presented for payment.—When a bill of**
exchange, accepted payable at a specified bank, has been duly presented there for payment and
dishonoured, if the banker so negligently or improperly keeps, deals with or delivers back such bill as to
cause loss to the holder, he must compensate the holder for such loss.
CHAPTER VI
OF PAYMENTAND INTEREST
**78.** **To whom payment should be made.—Subject to the provisions of section 82, clause** _(c),_
payment of the amount due on a promissory note, bill of exchange or cheque must, in order to discharge
the maker or acceptor, be made to the holder of the instrument.
**79.** **Interest when rate specified.—When interest at a specified rate is expressly made payable on a**
promissory note or bill of exchange, interest shall be calculated at the rate specified, on the amount of the
principal money due thereon, from the date of the instrument, until tender or realization of such amount,
or until such date after the institution of a suit to recover such amount as the Court directs.
**80. Interest when no rate specified.—** When no rate of interest is specified in the instrument,
interest on the amount due thereon shall, [1][notwithstanding any agreement relating to interest between any
parties to the instrument], be calculated at the rate of [2][eighteen per centum] per annum, from the date at
which the same ought to have been paid by the party charged, until tender or realization of the amount
due thereon, or until such date after the institution of a suit to recover such a mount as the Court directs.
_Explanation.—When the party charged is the indorser of an instrument dishonoured by non-payment,_
he is liable to pay interest only from the time that he receives notice of the dishonour.
**81. Delivery of instrument on payment or indemnity in case of loss.—[3][(1)] Any person liable to**
pay, and called upon by the holder thereof to pay, the amount due on a promissory note, bill of exchange
or cheque is before payment entitled to have it shown, and is on payment entitled to have it delivered up,
to him, or if the instrument is lost or cannot be produced, to be indemnified against any further claim
thereon against him.
4[(2) Where the cheque is an electronic image of a truncated cheque, even after the payment the
banker who received the payment shall be entitled to retain the truncated cheque.
(3) A certificate issued on the foot of the printout of the electronic image of a truncated cheque by the
banker who paid the instrument, shall be prima facie proof of such payment.]
CHAPTER VII
OF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES
**82. Discharge from liability.—The maker, acceptor or indorser respectively of a negotiable**
instrument is discharged from liability thereon—
(a) by cancellation.—to a holder thereof who cancels such acceptor's or indorser’s name with
intent to discharge him, and to all parties claiming under such holder;
(b) by release.—to a holder thereof who otherwise discharges such maker, acceptor or indorser,
and to all parties deriving title under such holder after notice of such discharge;
(c) **by payment.—to all parties thereto, if the instrument is payable to bearer, or has been**
indorsed in blank, and such maker, acceptor or indorser makes payment in due course of the amount
due thereon.
1. Subs. by Act 30 of 1926, s. 2, for “except in cases provided for by the Code of Civil Procedure, s. 532”.
2. Subs. by Act 66 of 1988, s. 2, for “six per centum” (w.e.f. 30-12-1988).
3. Section 81 re-numbered as sub-section (1) thereof by Act 55 of 2002, s. 4 (w.e.f. 6-2-2003).
4. Ins. by s. 4, ibid. (w.e.f. 6-2-2003).
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**83. Discharge by allowing drawee more than forty-eight hours to accept.—If the holder of a bill**
of exchange allows the drawee more than [1][forty-eight] hours, exclusive of public holidays, to consider
whether he will accept the same, all previous parties not consenting to such allowance are thereby
discharge from liability to such holder.
2[84. When cheque not duly presented and drawer damaged thereby.—(1) Where a cheque is not
presented for payment within a reasonable time of its issue, and the drawer or person on whose account it
is drawn had the right, at the time when presentment ought to have been made, as between himself and
the banker, to have the cheque paid and suffers actual damage through the delay, he is discharged to the
extent of such damage, that is to say, to the extent to which such drawer or person is a creditor of the
banker to a large amount than he would have been if such cheque had been paid.
(2) In determining what is a reasonble time, regard shall be had to the nature of the instrument, the
usage of trade and of bankers, and the facts of the particular case.
(3) The holder of the cheque as to which such drawer of person is so discharged shall be a creditor, in
lieu of such drawer or person, of such banker to the extent of such discharge and entitled to recover the
amount from him.
_Illustrations_
(a) A draws a cheque for Rs. 1,000, and, when the cheque ought to be presented, has funds at the bank to meet
it. The bank fails before the cheque is presented. The drawer is discharged, but the holder can prove against the bank
for the amount of the cheque.
(b) A draws a cheque at Umballa on a bank in Calcutta. The bank fails before the cheque could be presented in
ordinary course. A is not discharged, for he has not suffered actual damage through any delay in presenting the
cheque.]
**85. Cheque payable to order.—[3][(1)] Where a cheque payable to order purports to be endorsed by or**
on behalf of the payee, the drawee is discharged by payment in due course.
4[(2) Where a cheque is originally expressed to be payable to bearer, the drawee is discharged
by payment in due course to the bearer thereof, notwithstanding any endorsement whether in full or
in blank appearing thereon, and notwithstanding that any such endorsement purports to restrict or
exclude further negotiation.]
5[85A. Drafts drawn by one branch of a bank on another payable to order.—where any draft, that
is an order to pay money, drawn by one office of a bank upon another office of the same bank for a sum
of money payable to order on demand, purports to be endorsed by or on behalf of the payee, the bank is
discharged by payment in due course.]
**86. Parties not consenting discharged by qualified or limited acceptance.—If the holder of a**
bill of exchange acquiesces in a qualified acceptance, or one limited to part of the sum mentioned in
the bill, or which substitutes a different place or time for payment, or which, where the drawees are
not partners, is not signed by all the drawees, all previous parties whose consent is not obtained to
such acceptance are discharged as against the holder and those claiming under him, unless on notice
given by the holder they assent to such acceptance.
_Explanation.—An acceptance is qualified_
(a) where it is conditional, declaring the payment to be dependent on the happening of an event
therein stated;
(b) where it undertakes the payment of part only of the sum ordered to be paid;
1. Subs. by Act 12 of 1921, s. 2, for “twenty-four”.
2. Subs. by Act 6 of 1897, s. 3, for s. 84.
3. S. 85 re-numbered as sub-section (1) thereof by Act 17 of 1934, s. 2.
4. Ins. by s. 2, ibid.
5. Ins. by Act 25 of 1930, s. 2.
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(c) where no place of payment being specified on the order, it undertakes the payment at a
specified place, and not otherwise or elsewhere; or where, a place of payment being specified in the
order, it undertakes the payment at some other place and not otherwise or elsewhere;
(d) where it undertakes the payment at a time other than that at which under the order it would be
legally due.
**87. Effect of material alteration.—Any material alteration of a negotiable instrument renders the**
same void as against anyone who is a party thereto at the time of making such alteration and does not
consent thereto, unless it was made in order to carry out the common intention of the original parties;
**Alteration by indorsee.—And any such alteration, if made by an indorsee, discharges his indorser**
from all liability to him in respect of the consideration thereof.
The provisions of this section are subject to those of sections 20, 49, 86 and 125.
**88. Acceptor or indorser bound notwithstanding previous alteration.—An acceptor or indorser of**
a negotiable instrument is bound by his acceptance or indorsement notwithstanding any previous
alteration of the instrument.
**89. Payment of instrument on which alteration is not apparent.—[1][(1)] Where a promissory note,**
bill of exchange or cheque has been materially altered but does not appear to have been so altered, or
where a cheque is presented for payment which does not at the time of presentation appear to be crossed
or to have had a crossing which has been obliterated, payment thereof by a person or banker liable to pay,
and paying the same according to the apparent tenor thereof at the time of payment and otherwise in due
course, shall discharge such person or banker from all liability thereon; and such payment shall not be
questioned by reason of the instrument having been altered or the cheque crossed.
2[(2) Where the cheque is an electronic image of a truncated cheque, any difference in apparent tenor
of such electronic image and the truncated cheque shall be a material alteration and it shall be the duty of
the bank or the clearing house, as the case may be, to ensure the exactness of the apparent tenor of
electronic image of the truncated cheque while truncating and transmitting the image.
(3) Any bank or a clearing house which receives a transmitted electronic image of a truncated cheque,
shall verify from the party who transmitted the image to it, that the image so transmitted to it and received
by it, is exactly the same.]
**90. Extinguishment of rights of action on bill in acceptor's hands.—If a bill of exchange which**
has been negotiated is, at or after maturity, held by the acceptor in his own right, all rights of action
thereon are extinguished.
CHAPTER VIII
OF NOTICE OF DISHONOUR
**91. Dishonour by non-acceptance.—A bill of exchange is said to be dishonoured by non-acceptance**
when the drawee, or one of several drawees not being partners, makes default in acceptance upon being
duly required to accept the bill, or where presentment is excused and the bill is not accepted.
Where the drawee is incompetent to contract, or the acceptance is qualified the bill may be treated as
dishonoured.
**92. Dishonour by non-payment.—A promissory note, bill of exchange or cheque is said to be**
dishonoured by non-payment when the maker of the note, acceptor of the bill or drawee of the cheque
makes default in payment upon being duly required to pay the same.
**93. By and to whom notice should be given.—When a promissory note, bill of exchange or cheque**
is dishonoured by non-acceptance or non-payment, the holder thereof, or some party thereto who remains
1. Section 89 re-numbered as sub-section (1) thereof by Act 55 of 2002, s. 5 (w.e.f. 6-2-2003).
2. Ins. by, s. 5, ibid, (w.e.f. 6-2-2003).
-----
liable thereon, must give notice that the instrument has been so dishonoured to all other parties whom the
holder seeks to make severally liable thereon, and to some one of several parties whom he seeks to make
jointly liable thereon.
Nothing in this section renders it necessary to give notice to the maker of the dishonoured promissory
note or the drawee or acceptor of the dishonoured bill of exchange or cheque.
**94. Mode in which notice may be given.—Notice of dishonour may be given to a duly authorized agent**
of the person to whom it is required to be given, or, where he has died, to his legal representative, or, where he
has been declared an insolvent, to his assignee; may be oral or written; may, if written, be sent by post; and
may be in any form; but it must inform the party to whom it is given, either in express terms or by reasonable
intendment, that the instrument has been dishonoured, and in what way, and that he will be held liable thereon;
and it must be given within a reasonable time after dishonour, at the place of business or (in case such party
has no place of business) at the residence of the party for whom it is intended.
If the notice is duly directed and sent by post and miscarries, such miscarriage does not render the
notice invalid.
**95. Party receiving must transmit notice of dishonour.—Any party receiving notice of dishonour**
must, in order to render any prior party liable to himself, give notice of dishonour to such party within a
reasonable time, unless such party otherwise receives due notice as provided by section 93.
**96. Agent for presentment.—When the instrument is deposited with an agent for presentment, the**
agent is entitled to the same time to give notice to his principal as if he were the holder giving notice of
dishonour, and the principal is entitled to a further like period to give notice of dishonour.
**97. When party to whom notice given is dead.—when the party to whom notice of dishonour is**
dispatched is dead, but the party dispatching the notice is ignorant of his death, the notice is sufficient.
**98. When notice of dishonour is unnecessary.—No notice of dishonour is necessary—**
(a) when it is dispensed with by the party entitled thereto;
(b) in order to charge the drawer, when he has countermanded payment;
(c)when the party charged could not suffer damage for want of notice;
(d) when the party entitled to notice cannot after due search be found; or the party bound to give
notice is, for any other reason, unable without any fault of his own to give it;
(e) to charge the drawers, when the acceptor is also a drawer;
(f) in the case of a promissory note which is not negotiable;
(g) when the party entitled to notice, knowing the facts, promises unconditionally to pay the
amount due on the instrument.
CHAPTER IX
O F N O T I NG A N D P R O T E S T
**99. Noting.—When a promissory note or bill of exchange has been dishonoured by non-acceptance**
or non-payment, the holder may cause such dishonour to be noted by a notary public upon the instrument,
or upon a paper attached thereto, or partly upon each.
Such note must be made within a reasonable time after dishonour, and must specify the date of
dishonour, the reason, if any, assigned for such dishonour, or, if the instrument has not been expressly
dishonoured, the reason why the holder treats it as dishonoured, and the notary's charges.
**100. Protest.—When a promissory note or bill of exchange has been dishonoured by non-acceptance**
or non-payment, the holder may, within a reasonable time, cause such dishonour to be noted and certified
by a notary public. Such certificate is called a protest.
**Protest for better security.—When the acceptor of a bill of exchange has become insolvent, or**
his credit has been publicly impeached, before the maturity of the bill, the holder may, within a
reasonable time, cause a notary public to demand better security of the acceptor, and on its being
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refused may, within a reasonable time, cause such facts to be noted and certified as aforesaid. Such
certificate is called a protest for better security.
**101. Contents of protest.—A protest under section 100 must contain—**
(a) either the instrument itself, or a literal transcript of the instrument and of everything written
or printed thereupon;
(b) the name of the person for whom and against whom the instrument has been protested;
(c) a statement that payment or acceptance, or better security, as the case may be, has been
demanded of such person by the notary public; the terms of his answer, if any, or a statement that he
gave no answer, or that he could not be found;
(d) when the note or bill has been dishonoured, the place and time of dishonour, and, when better
security has been refused, the place and time of refusal;
(e) the subscription of the notary public making the protest;
(f) in the event of an acceptance for honour or of a payment for honour, the name of the person by
whom, of the person for whom, and the manner in which, such acceptance or payment was offered
and effected.
1[A notary public may make the demand mentioned in clause (c) of this section either in person or
by his clerk or, where authorized by agreement or usage, by registered letter.]
**102. Notice of protest.—When a promissory note or bill of exchange is required by law to be**
protested, notice of such protest must be given instead of notice of dishonour, in the same manner and
subject to the same conditions; but the notice may be given by the notary public who makes the protest.
**103. Protest for non-payment after dishonour by non-acceptance.—All bills of exchange drawn**
payable at some other place than the place mentioned as the residence of the drawee, and which are
dishonoured by non-acceptance, may, without further presentment to the drawee, be protested for nonpayment, in the place specified for payment, unless paid before or at maturity.
**104. Protest of foreign bills.—Foreign bills of exchange must be protested for dishonour when such**
protest is required by the law of the place where they are drawn.
2[104A. When noting equivalent to protest.—For the purposes of this Act, where a bill of note is
required to be protested within a specified time or before some further proceeding is taken it is sufficient
that the bill has been noted for protest before the expiration of the specified time or the taking of the
proceeding; and, the formal protest may be extended at any time thereafter as of the date of the noting.]
CHAPTER X
OF R E A S O N A B L E T I M E
**105. Reasonable time.—In determining what is a reasonable time for presentment for acceptance or**
payment, for giving notice of dishonour and for noting, regard shall be had to the nature of the instrument
and the usual course of dealing with respect to similar instruments; and, in calculating such time, public
holidays shall be excluded.
**106. Reasonable time of giving notice of dishonour.—If the holder and the party to whom notice of**
dishonour is given carry on business or live (as the case may be) in different places, such notice is given
within a reasonable time if it is dispatched by the next post or on the day next after the day of dishonour.
If the said parties carry on business or live in the same place, such notice is given within a reasonable
time if it is dispatched in time to reach its destination on the day next after the day of dishonour.
**107. Reasonable time for transmitting such notice.—A party receiving notice of dishonour, who**
seeks to enforce his right against a prior party, transmits the notice within a reasonable time if he
1. Ins. by Act 2 of 1885, s. 5.
2. Ins. by s. 6, ibid.
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transmits it within the same time after its receipt as he would have had to give notice if he had been the
holder.
CHAPTER XI
OF ACCEPTANCE AND PAYMENT FOR HONOUR AND REFERENCE IN CASE OF NEED
**108. Acceptance for honour.—When a bill of exchange has been noted or protested for non-**
acceptance or for better security, any person not being a party already liable thereon may, with the
consent of the holder, by writing on the bill, accept the same for the honour of any party thereto. [1]***
**109. How acceptance for honour must be made.—A person desiring to accept for honour must,**
2[by writing on the bill under his hand,] declare that he accepts under protest the protested bill for the
honour of the drawer or of a particular indorser whom he names, or generally for honour. [3]***
**110. Acceptance not specifying for whose honour it is made.—Where the acceptance does not**
express for whose honour it is made it shall be deemed to be made for the honour of the drawer.
**111. Liability of acceptor for honour.—An acceptor for honour binds himself to all parties**
subsequent to the party for whose honour he accepts to pay the amount of the bill if the drawee do not;
and such party and all prior parties are liable in their respective capacities to compensate the acceptor for
honour for all loss or damage sustained by him in consequence of such acceptance.
But an acceptor for honour is not liable to the holder of the bill unless it is presented, or (in case the
address given by such acceptor on the bill is a place other than the place where the bill is made payable)
forwarded for presentment, not later than the day next after the day of its maturity.
**112. When acceptor for honour may be charged.—An acceptor for honour cannot be charged**
unless the bill has at its maturity been presented to the drawee for payment, and has been dishonoured by
him, and noted or protested for such dishonour.
**113. Payment for honour.—When a bill of exchange has been noted or protested for non-payment,**
any person may pay the same for the honour of any party liable to pay the same: provided that the person
so paying [4][or his agent in that behalf] has previously declared before a notary public the party for whose
honour he pays, and that such declaration has been recorded by such notary public.
**114. Right of payer for honour.—Any person so paying is entitled to all the rights in respect of the**
bill, of the holder at the time of such payment, and may recover from the party for whose honour he pays
all sums so paid, with interest thereon and with all expenses properly incurred in making such payment.
**115. Drawee in case of need.—Where a drawee in case of need is named in a bill of exchange, or in**
any indorsement thereon, the bill is not dishonoured until it has been dishonoured by such drawee.
**116. Acceptance and payment without protest.—A drawee in case of need may accept and pay the**
bill of exchange without previous protest.
CHAPTER XII
O F C OM P E N S A T I O N
**117. Rules as to compensation.—The compensation payable in case of dishonour of a promissory**
note, bill of exchange or cheque, by any party liable to the holder or any indorsee, shall [5]*** be
determined by the following rules:—
(a) the holder is entitled to the amount due upon the instrument together with the expenses
properly incurred in presenting, noting and protesting it;
1. The second sentence rep. by Act 2 of 1885, s. 7.
2. Subs. by s. 8, ibid., for “in the presence of a notary public, subscribe the bill with his own hand, and”.
3. The words “and such declaration must be recorded by the notary in his register” rep. by s. 8, ibid.
4. Ins. by Act 2 of 1885, s. 9.
5. The brackets, words and figures “(except in cases provided for by the Code of Civil Procedure, s. 532)” omitted by Act 30 of 1926, s. 3.
-----
(b) when the person charged resides at a place different from that at which the instrument was
payable, the holder is entitled to receive such sum at the current rate of exchange between the two
places;
(c) an indorser who, being liable, has paid the amount due on the same is entitled to the amount
so paid with interest at [1][eighteen per centum] per annum from the date of payment until tender or
realization thereof, together with all expenses caused by the dishonour and payment;
(d) when the person charged and such indorser reside at different places, the indorser is entitled to
receive such sum at the current rate of exchange between the two places;
(e) the party entitled to compensation may draw a bill upon the party liable to compensate him,
payable at sight or on demand, for the amount due to him, together with all expenses properly
incurred by him. Such bill must be accompanied by the instrument dishonoured and the protest
thereof (if any). If such bill is dishonoured, the party dishonouring the same is liable to make
compensation thereof in the same manner as in the case of the original bill.
CHAPTER XIII
S P E C I A L R U L ES O F E V I D E N C E
**118. Presumptions as to negotiable instruments.—Until the contrary is proved, the following**
presumptions shall be made:—
(a) of consideration:—that every negotiable instrument was made or drawn for consideration,
and that every such instrument, when it has been accepted, indorsed, negotiated or transferred, was
accepted, indorsed, negotiated or transferred for consideration;
(b) as to date:—that every negotiable instrument bearing a date was made or drawn on such date;
(c) **as to time of acceptance:—that every accepted bill of exchange was accepted within a**
reasonable time after its date and before its maturity;
(d) as to time of transfer:—that every transfer of a negotiable instrument was made before its
naturity;
(e) as to order of indorsements:—that the indorsements appearing upon a negotiable instrument
were made in the order in which they appear then on;
(f) as to stamp:— that a lost promissory note, bill of exchange or cheque was duly stamped;
(g) that holder is a holder in due course:—that the holder of a negotiable instrument is a holder
in due course: provided that, where the instrutment has been obtained from its lawful owner, or from
any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the
maker or acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden
of proving that the holder is a holder in due course lies upon him.
**119. Presumption on proof of protest.—Ina suit upon an instrument which has been**
dishonoured, the Court shall, on proof of the protest, presume the fact of dishonour, unless and until
such fact is disproved.
**120. Estoppel against denying original validity of instrument.—No maker of a promissory note,**
and no drawer of a bill of exchange or cheque, and no acceptor of a bill of exchange for the honour of the
drawer shall, in a suit thereon by a holder in due course, be permitted to deny the validity of the
instrument as originally made or drawn.
**121. Estoppel against denying capacity of payee to indorse.—No maker of a promissory note and**
no acceptor of a bill of exchange [2][payable to order] shall, in a suit thereon by a holder in due course, be
permitted to deny the payee's capacity, at the date of the note or bill, to indorse the same.
1. Subs. by Act 66 of 1988, s. 3, for “six per centum” (w.e.f . 30 - 12 - 1988 ).
2. Subs. by Act 8 of 1919, s. 5, for “payable to, or to the order[-] of, a specified person”.
-----
**122. Estoppel against denying signature or capacity of prior party.—No indorser of a negotiable**
instrument shall, in a suit thereon by a subsequent holder, be permitted to deny the signature or capacity
to contract of any prior party to the instrument.
CHAPTER XIV
O F CROSSED C HEQUES
**123. Cheque crossed generally.—Where a cheque bears across its face an addition of the words**
“and company” or any abbreviation thereof, between two parallel transverse lines, or of two parallel
transverse lines simply, either with or without the words “not negotiable,” that addition shall be deemed a
crossing, and the cheque shall be deemed to be crossed generally.
**124. Cheque crossed specially.—Where a cheque bears across its face an addition of the name of a**
banker, either with or without the words “not negotiable,” that addition shall be deemed a crossing and
the cheque shall be deemed to be crossed specially, and to be crossed to that banker.
**125. Crossing after issue.—Where a cheque is uncrossed, the holder may cross it generally or**
specially.
Where a cheque is crossed generally, the holder may cross it specially.
Where a cheque is crossed generally, or specially, the holder may add the words “not negotiable”.
Where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to
another banker, his agent, for collection.
**126. Payment of cheque crossed generally.—Where a cheque is crossed generally, the banker on**
whom it is drawn shall not pay it otherwise than to a banker.
**Payment of cheque crossed specially.—Where a cheque is crossed specially, the banker on whom it**
is drawn shall not pay it otherwise than to the banker to whom it is crossed, or his agent for collection.
**127. Payment of cheque crossed specially more than once.—Where a cheque is crossed specially**
to more than one banker, except when crossed to an agent for the purpose of collection, the banker on
whom it is drawn shall refuse payment thereof.
**128. Payment in due course of crossed cheque.—Where the banker on whom a crossed cheque is**
drawn has paid the same in due course, the banker paying the cheque, and (in case such cheque has come
to the hands of the payee) the drawer thereof, shall respectively be entitled to the same rights, and be
placed in the same position in all respects, as they would respectively be entitled to and placed in if the
amount of the cheque had been paid to and received by the true owner thereof.
**129. Payment of crossed cheque out of due course.—Any banker paying a cheque crossed**
generally otherwise than to a banker, or a cheque crossed specially otherwise than to the banker to whom
the same is crossed, or his agent for collection, being a banker, shall be liable to the true owner of the
cheque for any loss he may sustain owing to the cheque having been so paid.
**130. Cheque bearing “not negotiable”.—A person taking a cheque crossed generally or specially,**
bearing in either case the words “not negotiable,” shall not have, and shall not be capable of giving, a
better title to the cheque than that which the person from whom he took it had.
**131. Non-liability of banker receiving payment of cheque.—A banker who has in good faith and**
without negligence received payment for a customer of a cheque crossed generally or specially to himself
shall not, in case the title to the cheque proves defective, incur any liability to the true owner of the
cheque by reason only of having received such payment.
1[Explanation 2[(I)].— A banker receives payment of a crossed cheque for a customer within the
meaning of this section notwithstanding that he credits his customer’s account with the amount of the
cheque before receiving payment thereof.]
1. Ins. by Act 18 of 1922, s. 2.
2. Explanation re-numbered as Explanation I thereof by Act 55 of 2002, s. 6 (w.e.f. 6-2-2003).
-----
1[Explanation II.—It shall be the duty of the banker who receives payment based on an electronic
image of a truncated cheque held with him, to verify the _prima facie_ genuineness of the cheque to be
truncated and any fraud, forgery or tampering apparent on the face of the instrument that can be verified
with due diligence and ordinary care.]
2[131A. Application of Chapter to drafts.—The provisions of this Chapter shall apply to any draft,
as defined in section 85A, as if the draft were a cheque.]
CHAPTER XV
O F B I L L S I N S E T S
**132. Set of bills.—Bills of exchange may be drawn in parts, each part being numbered and containing**
a provision that it shall continue payable only so long as the others remain unpaid. All the parts together
make a set; but the whole set constitutes only one bill, and is extinguished when one of the parts, if a
separate bill, would be extinguished.
_Exception.—When a person accepts or indorses different parts of the bill in favour of different_
persons, he and the subsequent endorsers of each part are liable on such part as if it were a separate bill.
**133. Holder of first acquired part entitled to all—As between holders in due course of different parts**
of the same set, he who first acquired title to his part is entitled to the other parts and the money represented
by the bill.
CHAPTER XVI
O F I N T E R N A T I O N A L LA W
**134. Law governing liability of maker, acceptor or indorser of foreign instrument.—In the absence**
of a contract to the contrary, the liability of the maker or drawer of a foreign promissory note, bill of
exchange or cheque is regulated in all essential matters by the law of the place where he made the instrument,
and the respective liabilities of the acceptor and indorser by the law of the place where the instrument is made
payable.
_Illustration_
A bill of exchange was drawn by A in California, where the rate of interest is 25 per cent., and accepted by B, payable in
Washington, where the rate of interest is 6 per cent. The bill is erdorsed in [3][India], and is dishonoured. An action on the bill is
brought against B in [3][India]. He is liable to pay interest at the rate of 6 per cent. only; but if A is charged as drawer, A is liable to
pay interest at the rate of 25 per cent.
**135. Law of place of payment governs dishonour.—Where a promissory note, bill of exchange or**
cheque is made payable in a different place from that in which it is made or indorsed, the law of the place
where it is made payable determines what constitutes dishonour and what notice of dishonour is
sufficient.
_Illustration_
A bill of exchange drawn and indorsed in [3][India], but accepted payable in France, is dishonoured. The indorsee causes it to
be protested for such dishonour, and gives notice thereof in accordance with the law of France, though not in accordance with the
rules herein contained in respect of bills which are not foreign. The notice is sufficient.
**136. Instrument made, etc., out of India, but in accordance with the law of India.—If a**
negotiable instrument is made, drawn, accepted or indorsed [4][outside India], but in accordance with the
5[law of India], the circumstances that any agreement evidenced by such instrument is invalid according
to the law of the country wherein it was entered into does not invalidate any subsequent acceptance or
indorsement made thereon [6][within India].
1. Ins. by Act 55 of 2002, s. 6 (w.e.f. 6-2-2003).
2. Ins. by Act 33 of 1947, s. 2.
3. Subs. by Act 3 of 1951, s. 3 and the Schedule for “the States”.
4. Subs. by the A.O. 1948, A.O. 1950 and the Act 3 of 1951, s. 3 and the Sch. for “out of British India”.
5. Subs. by s. 3, ibid., for “law of British India” .
6. Subs. by s. 3, ibid., for “in British India”.
-----
**137. Presumption as to foreign law.—The law of any foreign country [1]*** regarding promissory**
notes, bills of exchange and cheques shall be presumed to be the same as that of [2][India], unless and until
the contrary is proved.
3[CHAPTER XVII
OF PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE
ACCOUNTS
**138. Dishonour of cheque for insufficiency, etc., of funds in the account.—Where any cheque**
drawn by a person on an account maintained by him with a banker for payment of any amount of money
to another person from out of that account for the discharge, in whole or in part, of any debt or other
liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of
that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from
that account by an agreement made with that bank, such person shall be deemed to have committed an
offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for
4[a term which may be extended to two years’], or with fine which may extend to twice the amount of the
cheque, or with both:
Provided that nothing contained in this section shall apply unless—
(a) thecheque has been presented to the bank within a period of six months from the date on
which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for
the payment of the said amount of money by giving a notice; in writing, to the drawer of the cheque,
5[within thirty days] of the receipt of information by him from the bank regarding the return of the
cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee
or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of
the said notice.
_Explanation.—For the purposes of this section, “debt of other liability” means a legally enforceable debt_
or other liability.
**139. Presumption in favour of holder.—It shall be presumed, unless the contrary is proved, that the**
holder of a cheque received the cheque of the nature referred to in section138 for the discharge, in whole
or in part, of any debt or other liability.
**140. Defence which may not be allowed in any prosecution under section 138.—Itshall not be a**
defence in a prosecution for an offence under section 138 that the drawer had no reason to believe when
he issued the cheque that the cheque may be dishonoured on presentment for the reasons stated in that
section.
**141. Offences by companies.—(1)** If the person committing an offence under section 138 is a
company, every person who, at the time the offence was committed, was in charge of, and was
responsible to, the company for the conduct of the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any person liable to punishment if he
proves that the offence was committed without his knowledge, or that he had exercised all due diligence
to prevent the commission of such offence:
6[Provided further that where a person is nominated as a Director of a company by virtue of his
holding any office or employment in the Central Government or State Government or a financial
1. The words “or the State of Jammu and Kashmir” omitted by Act 62 of 1956, s. 2 and the Schedule.
2. Subs. by the A.O. 1948, A.O. 1950 and the Act 3 of 1951, s. 3 and the Schedule for “British India”.
3. Ins. by Act 66 of 1988, s, 4 (w.e.f. 1-4-1989).
4. Subs. by Act 55 of 2002, s. 7, for certain words (w.e.f. 6-2-2003).
5. Subs. by s. 7, ibid., for “within fifteen days” (w.e.f. 6-2-2003).
6. Ins. by s. 8, ibid. (w.e.f. 6-2-2003).
-----
corporation owned or controlled by the Central Government or the State Government, as the case may be,
he shall not be liable for prosecution under this Chapter.]
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished accordingly.
_Explanation.—For the purposes of this section, —_
(a) “company” means any body corporate and includes a firm or other association of
individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
**142. Cognizance of offences.—[1][(1)] Notwithstanding anything contained in the Code of Criminal**
Procedure, 1973 (2 of 1974),—
(a) no court shall take cognizance of any offence punishable under section 138 except upon a
complaint, in writing, made by the payee or, as the case may be, the holder in due course of the
cheque;
(b) such complaint is made within one month of the date on which the cause of action arises
under clause (c) of the proviso to section 138:
2[Provided that the cognizance of a complaint may be taken by the Court after the prescribed period,
if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such
period;]
(c) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
shall try any offence punishable under section 138.].
3[(2) The offence under section 138 shall be inquired into and tried only by a court within whose local
jurisdiction,—
(a) if the cheque is delivered for collection through an account, the branch of the bank where the
payee or holder in due course, as the case may be, maintains the account, is situated; or
(b) if the cheque is presented for payment by the payee or holder in due course, otherwise through
an account, the branch of the drawee bank where the drawer maintains the account, is situated.
_Explanation.—For the purposes of clause (a), where a cheque is delivered for collection at any_
branch of the bank of the payee or holder in due course, then, the cheque shall be deemed to have been
delivered to the branch of the bank in which the payee or holder in due course, as the case may be,
maintains the account.]
4[142A. Validation for transfer of pending cases.—(1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974) or any judgment, decree, order or direction of any court,
all cases transferred to the court having jurisdiction under sub-section (2) of section 142, as amended by
the Negotiable Instruments (Amendment) Ordinance, 2015 (Ord. 6 of 2015), shall be deemed to have
been transferred under this Act, as if that sub-section had been in force at all material times.
(2) Notwithstanding anything contained in sub-section (2) of section 142 or sub-section (1), where the
payee or the holder in due course, as the case may be, has filed a complaint against the drawer of a cheque
in the court having jurisdiction under sub-section (2) of section 142 or the case has been transferred to
that court under sub-section (1) and such complaint is pending in that court, all subsequent complaints
arising out of section 138 against the same drawer shall be filed before the same court irrespective of
1. Section 142 numbered as sub-section (1) thereof by Act 26 of 2015, s. 3 (w.e.f. 15-6-2015).
2. Ins. by Act 55 of 2002, s. 9 (w.e.f. 6-2-2003).
3. Ins. Act 26 of 2015, s. 3 (w.e.f. 15-6-2015).
4. Ins. by, s. 4, ibid. (w.e.f.15-6-2015).
-----
whether those cheques were delivered for collection or presented for payment within the territorial
jurisdiction of that court.
(3) If, on the date of the commencement of the Negotiable Instruments (Amendment) Act, 2015 (26
of 2015), more than one prosecution filed by the same payee or holder in due course, as the case may be,
against the same drawer of cheques is pending before different courts, upon the said fact having been
brought to the notice of the court, such court shall transfer the case to the court having jurisdiction under
sub-section (2) of section 142, as amended by the Negotiable Instruments (Amendment) Ordinance, 2015
(Ord. 6 of 2015), before which the first case was filed and is pending, as if that sub-section had been in
force at all material times.]
1[143. Power of Court to try cases summarily.—(1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974) all offences under this Chapter shall be tried by a Judicial
Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections 262 to 265
(both inclusive) of the said Code shall, as far as may be, apply to such trials:
Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for
the Magistrate to pass a sentence of imprisonment for a term not exceeding one year and an amount of
fine exceeding five thousand rupees:
Provided further that when at the commencement of, or in the course of, a summary trial under this
section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for
a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the
case summarily, the Magistrate shall after hearing the parties, record an order to that effect and
thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the
manner provided by the said Code.
(2) The trial of a case under this section shall, so far as practicable, consistently with the interests of
justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the
trial beyond the following day to be necessary for reasons to be recorded in writing.
(3) Every trial under this section shall be conducted as expeditiously as possible and an endeavour
shall be made to conclude the trial within six months from the date of filing of the complaint.
2[143A. Power to direct interim compensation.—(1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973, the Court trying an offence under section 138 may order the drawer of
the cheque to pay interim compensation to the complainant—
(a) in a summary trial or a summons case, where he pleads not guilty to the accusation made in the
complaint; and
(b) in any other case, upon framing of charge.
(2) The interim compensation under sub-section (1) shall not exceed twenty per cent. of the amount
of the cheque.
(3) The interim compensation shall be paid within sixty days from the date of the order under sub
section (1), or within such further period not exceeding thirty days as may be directed by the Court on
sufficient cause being shown by the drawer of the cheque.
(4) If the drawer of the cheque is acquitted, the Court shall direct the complainant to repay to the
drawer the amount of interim compensation, with interest at the bank rate as published by the Reserve
Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of
the order, or within such further period not exceeding thirty days as may be directed by the Court on
sufficient cause being shown by the complainant.
1. Ins. by Act 55 of 2002, s. 10 (w.e.f. 6-2-2003).
2. Ins. by Act 20 of 2018, s. 2 (w.e.f. 1-9-2018).
-----
(5) The interim compensation payable under this section may be recovered as if it were a fine under
section 421 of the Code of Criminal Procedure, 1973 (2 of 1974).
(6) The amount of fine imposed under section 138 or the amount of compensation awarded under
section 357 of the Code of Criminal Procedure, 1973 (2 of 1974), shall be reduced by the amount paid or
recovered as interim compensation under this section.]
**144. Mode of service of summons.—(1) Notwithstanding anything contained in the Code of**
Criminal Procedure, 1973 (2 of 1974) and for the purposes of this Chapter, a Magistrate issuing a
summons to an accused or a witness may direct a copy of summons to be served at the place where such
accused or witness ordinarily resides or carries on business or personally works for gain, by speed post or
by such courier services as are approved by a Court of Session.
(2) Where an acknowledgment purporting to be signed by the accused or the witness or an
endorsement purported to be made by any person authorised by the postal department or the courier services
that the accused or the witness refused to take delivery of summons has been received, the Court issuing
the summons may declare that the summons has been duly served.
**145.** **Evidence on affidavit.—(1)Notwithstanding anything contained in the Code of Criminal**
Procedure, 1973 (2 of 1974), the evidence of the complainant may be given by him on affidavit and may,
subject to all just exceptions be read in evidence in any enquiry, trial or other proceeding under the said
Code.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused,
summon and examine any person giving evidence on affidavit as to the facts contained therein.
**146. Bank’s slip prima facie evidence of certain facts.—The Court shall, in respect of every**
proceeding under this Chapter, on production of Bank's slip or memo having thereon the official mark
denoting that the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and
until such fact is disproved.
**147. Offences to be compoundable.—Notwithstanding anything contained in the Code of Criminal**
Procedure, 1973 (2 of 1974),every offence punishable under this Act shall be compoundable].
1
[148. Power of Appellate Court to order payment pending appeal against conviction.—(1)
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), in an appeal by
the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit
such sum which shall be a minimum of twenty per cent. of the fine or compensation awarded by the trial
Court:
Provided that the amount payable under this sub-section shall be in addition to any interim
compensation paid by the appellant under section 143A.
(2) The amount referred to in sub-section (1) shall be deposited within sixty days from the date of the
order, or within such further period not exceeding thirty days as may be directed by the Court on
sufficient cause being shown by the appellant.
(3) The Appellate Court may direct the release of the amount deposited by the appellant to the
complainant at any time during the pendency of the appeal:
Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the
appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India,
prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or
within such further period not exceeding thirty days as may be directed by the Court on sufficient cause
being shown by the complainant.]
1. Ins. by Act 20 of 2018, s. 3 (w.e.f. 1-9-2018).
-----
SCHEDULE.—[Enactments repealed].—Rep. by the Repealing and Amending Act, 1891
(12 of 1891), s. 2 and Schedule I.
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|
13-Jan-1882 | 02 | The Indian Trust Act, 1882 | https://www.indiacode.nic.in/bitstream/123456789/2327/3/A1882-02.pdf | central | PREAMBLE
SECTIONS
1. Short title.
Commencement.
Local extent.
Savings.
# THE INDIAN TRUSTS ACT, 1882
__________
ARRANGEMENT OF SECTIONS
__________
CHAPTER I
PRELIMINARY
2. Repeal of enactments.
3. Interpretation-clause.
“trust”. “author of the trust”:
“trustee”: “beneficiary”:
“trust-property”: “beneficial interest”:
“instrument of trust”: “breach of trust”:
“registered”: “notice”:
Expressions defined in Act 9 of 1872.
CHAPTER II
OF THE CREATION OF TRUSTS
4. Lawful purpose.
5. Trust of immoveable property.
Trust of moveable property.
6. Creation of trust.
7. Who may create trusts.
8. Subject of trust.
9. Who may be beneficiary.
Disclaimer by beneficiary.
10. Who may be trustee.
No one bound to accept trust.
Acceptance of trust.
Disclaimer of trust.
CHAPTER III
OF THE DUTIES AND LIABILITIES OF TRUSTEES
11. Trustee to execute trust.
12. Trustee to inform himself of state of trust-property.
13. Trustee to protect title to trust-property.
14. Trustee not to set up title adverse to beneficiary.
15. Care required from trustee.
1
-----
SECTIONS
16. Conversion of perishable property.
17. Trustee to be impartial.
18. Trustee to prevent waste.
19. Accounts and information.
20. Investment of trust-money.
20A. Power to purchase redeemable stock at a premium.
21. Mortgage of land pledged to Government under Act 26 of 1871.
Deposit in Government Savings Bank.
22. Sale by trustee directed to sell within specified time.
23. Liability for breach of trust.
24. No set-off allowed to trustee.
25. Non-liability for predecessor’s default.
26. Non-liability for co-trustee’s default.
Joining in receipt for conformity.
27. Several liability of co-trustees.
Contribution as between co-trustees.
28. Non-liability of trustee paying without notice of transfer by beneficiary.
29. Liability of trustee where beneficiary’s interest is forfeited to the Government.
30. Indemnity of trustees.
CHAPTER IV
OF THE RIGHTS AND POWERS OF TRUSTEES
31. Right to title-deed.
32. Right to reimbursement of expenses.
Right to be recouped for erroneous over-payment.
33. Right to indemnity from gainer by breach of trust.
34. Right to apply to Court for opinion in management of trust-property.
35. Right to settlement of accounts.
36. General authority of trustee.
37. Power to sell in lots, and either by public auction or private contract.
38. Power to sell under special conditions.
Power to buy-in and re-sell.
Time allowed for selling trust-property.
39. Power to convey.
40. Power to vary investments.
41. Power to apply property of minors, etc., for their maintenance, etc.
42. Power to give receipts.
43. Power to compound, etc.
44. Power to several trustees of whom one disclaims or dies.
2
-----
SECTIONS.
45. Suspension of trustee’s powers by decree.
CHAPTER V
OF THE DISABILITIES OF TRUSTEES
46. Trustee cannot renounce after acceptance.
47. Trustee cannot delegate.
48. Co-trustees cannot act singly.
49. Control of discretionary power.
50. Trustee may not charge for services.
51. Trustee may not use trust-property for his own profit.
52. Trustee for sale or his agent may not buy.
53. Trustee may not buy beneficiary’s interest without permission.
Trustee for purchase.
54. Co-trustees may not lend to one of themselves.
CHAPTER VI
OF THE RIGHTS AND LIABILITIES OF THE BENEFICIARY
55. Rights to rents and profits.
56. Right to specific execution.
Right to transfer of possession.
57. Right to inspect and take copies of instrument of trust, accounts, etc.
58. Right to transfer beneficial interest.
59. Right to sue for execution of trust.
60. Right to proper trustees.
61. Right to compel to any act of duty.
62. Wrongful purchase by trustee.
63. Following trust-property—
into the hands of third persons;
into that into which it has been converted.
64. Saving of rights of certain transferees.
65. Acquisition by trustee of trust-property wrongfully converted.
66. Right in case of blended property.
67. Wrongful employment by partner-trustee of trust property for partnership purposes.
68. Liability of beneficiary joining in breach of trust.
69. Rights and liabilities of beneficiary’s transferee.
CHAPTER VII
OF VACATING THE OFFICE OF TRUSTEE
70. Office how vacated.
71. Discharge of trustee.
72. Petition to be discharged from trust.
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SECTIONS.
73. Appointment of new trustees on death, etc.
74. Appointment by Court.
Rule for selecting new trustees.
75. Vesting of trust-property in new trustees.
Powers of new trustees.
76. Survival of trust.
CHAPTER VIII
OF THE EXTINCTION OF TRUSTS
77. Trust how extinguished.
78. Revocation of trust.
79. Revocation not to defeat what trustees have duly done.
CHAPTER IX
OF CERTAIN OBLIGATIONS IN THE NATURE OF TRUSTS
80. Where obligation in nature of trust is created.
81. [Repealed.].
82. [Repealed.].
83. Trust incapable of execution or executed without exhausting trust-property.
84. Transfer for illegal purpose.
85. Bequest for illegal purpose.
Bequest of which revocation is prevented by coercion.
86. Transfer pursuant to rescindable contract.
87. Debtor becoming creditor’s representative.
88. Advantage gained by fiduciary.
89. Advantage gained by exercise of undue influence.
90. Advantage gained by qualified owner.
91. Property acquired with notice of existing contract.
92. Purchase by person contracting to buy property to be held on trust.
93. Advantage secretly gained by one of several compounding creditors.
94. [Repealed.].
95. Obligor’s duties, liabilities and disabilities.
96. Saving of rights of bona fide purchasers.
THE SCHEDULE.
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# THE INDIAN TRUSTS ACT, 1882
ACT NO. 2 OF 1882[1]
[13th January, 1882.]
# An Act to define and amend the law relating to Private Trusts and Trustees.
**Preamble.—WHEREAS** it is expedient to define and amend the law relating to private trusts and
trustees; It is hereby enacted as follows :—
CHAPTER I
PRELIMINARY
**1. Short title.—This Act may be called the Indian Trusts Act, 1882.**
**Commencement.—and it shall come into force on the first day of March, 1882.**
**Local extent.—[2][It** extends to [3][the whole of India [4]*** and] the Andaman and Nicobar
Islands [5] ***; but the Central Government may, from time to time, by notification in the
Official Gazette, extend it to [6][the, Andaman and Nicobar Islands] or to any part thereof.]
**Savings.—But nothing herein contained affects the rules of Muhammadan law as to** _waqf, or the_
mutual relations of the members of an undivided family as determined by any customary or personal
law, or applies to public or private religious or charitable endowments, or to trusts to distribute
prizes taken in war among the captors; and nothing in the Second Chapter of this Act applies to
trusts created before the said day.
**2. Repeal of enactments.—The Statute** and Acts mentioned in the Schedule hereto annexed shall, to
the extent mentioned in the said Schedule, be repealed, in the territories to which this Act for the time
being extends.
**3. Interpretation-clause—“trust”:—A** “trust” is an obligation annexed to the ownership of
property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted
by him, for the benefit of another, or of another and the owner:
**“author of the trust”: “trustee”: “beneficiary”: “trust-property”: “beneficial interest”:**
**“instrument of trust”:—the** person who reposes or declares the confidence is called the “author of the
trust”: the person who accepts the confidence is called the “trustee”: the person for whose benefit the
confidence is accepted is called the “beneficiary”: the subject-matter of the trust is called “trust-property”
or “trust-money”: the “beneficial interest” or “interest” of the beneficiary is his right against the trustee
as owner of the trust-property; and the instrument, if any, by which the trust is declared is called the
“instrument of trust”:
**“breach of trust”:—a** breach of any duty imposed on a trustee, as such, by any law for the time
being in force, is called a “breach of trust”:
1. For Report of the Indian Law Commission on the Private Trusts Bill which they were instructed to consider among others, see
Gazette of India, 1880, Supplement, p. 104; and for Report of the Select Committee, _see_ Gazette of India, 1880, Pt. V,
Supplement, 1881, p. 766; for further Report of the Select Committee, see ibid., Supplement, 1882, p. 67; for Proceedings in
Council, see ibid., Supplement, 1881, p. 687; and ibid., Supplement, 1882, p. 68.
The Act has been extended to Berar by Act 4 of 1941; Dadra and Nagar Haveli by Regulation 6 of 1963, s. 2 and Sch. I;
Pondicherry by Regulation 7 of 1963, s. 3 and Sch. I; Goa, Daman and Diu by Regulation 11 of 1963, s. 3 and Sch. and
Sikkim by Notifn. No. S.O. 642 E, dt. 24-8-1984 (w.e.f. 1-9-1984).
2. Subs. by the A.O. 1948, for the first sentence.
3. Subs. by the A.O. 1950, for “all the Provinces of India, except”.
4. The words “except the state of Jammu & Kashmir” omitted by Act 34 of 2019, s. 95 & 96 and the
Schedule. V. (w.e.f. 31-10-2019).
5. The words “and Panth Piploda” omitted by the A.O. 1950.
6. Subs., ibid., for “either or both of the said Provinces”.
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**“registered”:—and** in this Act, unless there be something repugnant in the subject or context,
“registered” means registered under the law for the registration of documents for the time being in force:
**“notice”:—a** person is said to have “notice” of a fact either when he actually knows that fact, or
when, but for wilful abstention from inquiry or gross negligence, he would have known it, or when
information of the fact is given to or obtained by his agent, under the circumstances mentioned in the
Indian Contract Act, 1872 (9 of 1872), section 229;
**Expressions defined in Act 9 of 1872:—and** all expressions used herein and defined in the Indian
Contract Act, 1872 (9 of 1872), shall be deemed to have the meanings respectively attributed to them by
that Act.
CHAPTER II
OF THE CREATION OF TRUSTS
**4. Lawful purpose.—A** trust may be created for any lawful purpose. The purpose of a trust is
lawful unless it is (a) forbidden by law, or (b) is of such a nature that, if permitted, it would
defeat the provisions of any law, or (c) is fraudulent, or (d) involves or implies injury to the
person or property of another, or (e) the Court regards it as immoral or opposed to public policy.
Every trust of which the purpose is unlawful is void. And where a trust is created for two purposes, of
which one is lawful and the other unlawful, and the two purposes cannot be separated, the whole trust is
void.
_Explanation.—In_ this section the expression “law” includes, where the trust-property is immoveable
and situate in a foreign country, the law of such country.
_Illustrations_
(a) A conveys property to B in trust to apply the profits to the nurture of female foundlings to be trained up as prostitutes.
The trust is void.
(b) A bequeaths property to B in trust to employ it in carrying on a smuggling business, and out of the profits thereof to
support A’s children. The trust is void.
(c) A, while in insolvent circumstances, transfers property to B in trust for A during his life, and after his death for B. A is
declared an insolvent. The trust for A is invalid as against his creditors.
**5. Trust of immoveable property.—No** trust in relation to immoveable property is valid
unless declared by a non-testamentary instrument in writing signed by the author of the trust or
the trustee and registered, or by the will of the author of the trust or of the trustee.
**Trust of moveable property.—No** trust in relation to moveable property is valid unless
declared as aforesaid, or unless the ownership of the property is transferred to the trustee.
These rules do not apply where they would operate so as to effectuate a fraud.
**6. Creation of trust.—Subject** to the provisions of section 5, a trust is created when the author of the
trust indicates with reasonable certainty by any words or acts (a) an intention on his part to create thereby
a trust, (b) the purpose of the trust, (c) the beneficiary, and (d) the trust-property, and (unless the trust is
declared by will or the author of the trust is himself to be the trustee) transfers the trust-property to the
trustee.
_Illustrations_
(a) A bequeaths certain property to B, “having the fullest confidence that he will dispose of it for the benefit of C”. This
creates a trust so far as regards A and C.
(b) A bequeaths certain property to B “hoping he will continue it in the family”. This does not create a trust, as the
beneficiary is not indicated with reasonable certainty.
(c) A bequeaths certain property to B, requesting him to distribute it amongst such members of C’s family as B should
think most deserving. This does not create a trust, for the beneficiaries are not indicated with reasonable certainty.
(d) A bequeaths certain property to B, desiring him to divide the bulk of it among C’s children. This does not create a trust,
for the trust-property is not indicated with sufficient certainty.
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(e) A bequeaths a shop and stock-in-trade to B, on condition that he pays A’s debts and a legacy to C. This is a condition,
not a trust for A’s creditors and C.
**7. Who may create trusts.—A** trust may be created—
(a) by every person competent to contract [1], and,
(b) with the permission of a principal Civil Court of original jurisdiction, by or on behalf of a
minor; but subject in each case to the law for the time being in force as to the
circumstances and extent in and to which the author of the trust may dispose of the
trust-property.
**8. Subject of trust.—The** subject-matter of a trust must be property transferable to the
beneficiary.
It must not be a merely beneficial interest under a subsisting trust.
**9. Who may be beneficiary.—Every** person capable of holding property may be a
beneficiary.
**Disclaimer by beneficiary.—A** proposed beneficiary may renounce his interest under the
trust by disclaimer addressed to the trustee, or by setting up, with notice of the trust, a claim
inconsistent therewith.
**10. Who may be trustee.—Every** person capable of holding property may be a trustee; but,
where the trust involves the exercise of discretion, he cannot execute it unless he is competent to
contract.
**No one bound to accept trust.—No** one is bound to accept a trust.
**Acceptance of trust.—A** trust is accepted by any words or acts of the trustee indicating with
reasonable certainty such acceptance.
**Disclaimer of trust.—Instead** of accepting a trust, the intended trustee may, within a
reasonable period, disclaim it, and such disclaimer shall prevent the trust-property from
vesting in him.
A disclaimer by one of two or more co-trustees vests the trust-property in the other or
others, and makes him or them sole trustee or trustees from the date of the creation of the trust.
_Illustrations_
(a) A bequeaths certain property to B and C, his executors, as trustees for D. B and C prove A’s will. This is in itself an
acceptance of the trust, and B and C hold the property in trust for D.
(b) A transfers certain property to B in trust to sell it and to pay out of the proceeds A’s debts. B accepts the trust and sells
the property. So far as regards B, a trust of the proceeds is created for A’s creditors.
(c) A bequeaths a lakh of rupees to B upon certain trusts and appoints him his executor. B severs the lakh from the general
assets and appropriates it to the specific purpose. This is an acceptance of the trust.
CHAPTER III
OF THE DUTIES AND LIABILITIES OF TRUSTEES
**11. Trustee to execute trust.—The** trustee is bound to fulfil the purpose of the trust, and to
obey the directions of the author of the trust given at the time of its creation, except as modified
by the consent of all the beneficiaries being competent to contract.
Where the beneficiary is incompetent to contract, his consent may, for the purposes of this
section, be given by a principal Civil Court of original jurisdiction.
Nothing in this section shall be deemed to require a trustee to obey any direction when to
do so would be impracticable, illegal or manifestly injurious to the beneficiaries.
1. _See s.11 of the Indian Contract Act, 1872 (9 of 1872)._
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_Explanation.—Unless_ a contrary intention be expressed, the purpose of a trust for the
payment of debts shall be deemed to be (a) to pay only the debts of the author of the trust
existing and recoverable at the date of the instrument of trust, or, when such instrument is a
will, at the date of his death, and (b) in the case of debts not bearing interest, to make such
payment without interest.
_Illustrations_
(a) A, a trustee, is simply authorised to sell certain land by public auction. He cannot sell the land by private contract.
(b) A, a trustee of certain land for X, Y and Z, is authorised to sell the land to B for a specified sum. X, Y and Z, being
competent to contract, consent that A may sell the land to C for a less sum. A may sell the land accordingly.
(c) A, a trustee for B and her children, is directed by the author of the trust to lend, on B’s request, trust-property to B’s
husband, C, on the security of his bond. C becomes insolvent and B requests A to make the loan. A may refuse to make it.
**12. Trustee to inform himself of state of trust-property.—A** trustee is bound to acquaint
himself, as soon as possible, with the nature and circumstances of the trust-property; to obtain,
where necessary, a transfer of the trust-property to himself; and (subject to the provisions of the
instrument of trust) to get in trust-moneys invested on insufficient or hazardous security.
_Illustrations_
(a) The trust-property is a debt outstanding on personal security. The instrument of trust gives the trustee no discretionary
power to leave the debt so outstanding. The trustee’s duty is to recover the debt without unnecessary delay.
(b) The trust-property is money in the hands of one of two co-trustees. No discretionary power is given by the instrument of
trust. The other co-trustee must not allow the former to retain the money for a longer period than the circumstances of the case
required.
**13. Trustee to protect title to trust-property.—A** trustee is bound to maintain and defend
all such suits, and (subject to the provisions of the instrument of trust) to take such other steps
as, regard being had to the nature and amount or value of the trust-property, may be reasonably
requisite for the preservation of the trust-property and the assertion or protection of the title
thereto.
_Illustration_
The trust-property is immoveable property which has been given to the author of the trust by an unregistered instrument.
Subject to the provisions of the Indian Registration Act, 1877[1] (3 of 1877), the trustee’s duty is to cause the instrument to be
registered.
**14. Trustee not to set up title adverse to beneficiary.—The** trustee must not for himself
or another set-up or aid any title to the trust-property adverse to the interest of the beneficiary.
**15. Care required from trustee.—A** trustee is bound to deal with the trust-property as
carefully as a man of ordinary prudence would deal with such property if it were his own; and, in the
absence of a contract to the contrary, a trustee so dealing is not responsible for the loss, destruction or
deterioration of the trust-property.
_Illustrations_
(a) A, living in Calcutta, is a trustee for B, living in Bombay. A remits trust-funds to B by bills drawn by a
person of undoubted credit in favour of the trustee as such, and payable at Bombay. The bills are dishonoured. A is
not bound to make good the loss.
(b) A, a trustee of leasehold property, directs the tenant to pay the rents on account of the trust to a banker, B, then
in credit. The rents are accordingly paid to B, and A leaves the money with B only till wanted. Before the money is
drawn out, B becomes insolvent. A, having had no reason to believe that B was in insolvent circumstances, is not bound
to make good the loss.
(c) A, a trustee of two debts for B, releases one and compounds the other, in good faith, and reasonably
believing that it is for B’s interest to do so. A is not bound to make good any loss caused thereby to B.
1. _See now the Indian Registration Act, 1908 (16 of 1908)._
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(d) A, a trustee directed to sell the trust-property by auction, sells the same, but does not advertise the sale and
otherwise fails in reasonable diligence in inviting competition. A is bound to make good the loss caused thereby to the
beneficiary.
(e) A, a trustee for B, in execution of his trust, sells the trust-property, but from want of due diligence on his
part fails to receive part of the purchase-money. A is bound to make good the loss thereby caused to B.
(f) A, a trustee for B of a policy of insurance, has funds in hand for payment of the premiums. A neglects to
pay the premiums, and the policy is consequently forfeited. A is bound to make good the loss to B.
(g) A bequeaths certain moneys to B and C as trustees, and authorises them to continue trust-moneys upon the
personal security of a certain firm in which A had himself invested them. A dies, and a change takes place in the
firm. B and C must not permit the moneys to remain upon the personal security of the new firm.
(h) A, a trustee for B, allows the trust to be executed solely by his co-trustee, C. C misapplies the trust-property. A is
personally answerable for the loss resulting to B.
**16. Conversion of perishable property.—Where the trust is created for the benefit of several**
persons in succession, and the trust-property is of a wasting nature or a future or reversionary
interest, the trustee is bound, unless an intention to the contrary may be inferred from the
instrument of trust, to convert the property into property of a permanent and immediately profitable
character.
_Illustrations_
(a) A bequeaths to B all his property in trust for C during his life, and on his death for D, and on D ’s death
for E. A’s property consists of three leasehold houses, and there is nothing in A’s will to show that he intended the
houses to be enjoyed in specie. B should sell the houses, and invest the proceeds in accordance with section 20.
(b) A bequeaths to B his three leasehold houses in Calcutta and all the furniture therein in trust for C during his
life, and on his death for D, and on D’s death for E. Here an intention that the houses and furniture should be
enjoyed in specie appears clearly, and B should not sell them.
**17. Trustee to be impartial.—Where there are more beneficiaries than one, the trustee is bound**
to be impartial, and must not execute the trust for the advantage of one at the expense of another.
Where the trustee has a discretionary power, nothing in this section shall be deemed to
authorize the Court to control the exercise reasonably and in good faith of such discretion.
_Illustration_
A, a trustee for B, C and D, is empowered to choose between several specified modes of investing the trust
property. A in good faith chooses one of these modes. The Court will not interfere, although the result of the
choice may be to vary the relative rights of B, C and D.
**18. Trustee to prevent waste.—Where the trust is created for the benefit of several persons in**
succession and one of them is in possession of the trust-property, if he commits, or threatens to commit,
any act which is destructive or permanently injurious thereto, the trustee is bound to take measures to
prevent such act.
**19. Accounts and information.—A trustee is bound (a)** to keep clear and accurate accounts of the
trust- property, and (b), at all reasonable times, at the request of the beneficiary, to furnish him with full
and accurate information as to the amount and state of the trust-property.
**1[20. Investment of trust-money.—Where** the trust-property consists of money and cannot be
applied immediately or at an early date to the purposes of the trust, the trustee shall, subject to any
direction contained in the instrument of trust, invest the money in any of the securities or class of
securities expressly authorised by the instrument of trust or as specified by the Central
Government, by notification in the Official Gazette:
Provided that where there is a person competent to contract and entitled in possession to
receive the income of the trust-property for his life, or for any greater estate, no investment
in any of the securities or class of securities mentioned above shall be made without his
consent in writing.
1. Subs. by Act 34 of 2016, s. 2, for s. 20 (w.e.f. 17-4-2017).
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_Explanation.—For the purposes of this section, the expression “securities” shall have the_
same meaning as assigned to it in clause (h) of section 2 of the Securities Contracts
(Regulation) Act, 1956 (42 of 1956).]
1[20A. Power to purchase redeemable stock at a premium.—(1) A trustee may invest in any of the
securities mentioned or referred to in section 20, notwithstanding that the same may be redeemable and
that the price exceeds the redemption value:
2* - - -
(2) A trustee may retain until redemption any redeemable stock, fund or security which may have
been purchased in accordance with this section.]
**21. Mortgage of land pledged to Government under Act 26 of 1871. Deposit in Government**
**Savings Bank.—Nothing in section 20 shall apply to investments made before this Act comes into**
force, or shall be deemed to preclude an investment on a mortgage of immoveable property already
pledged as security for an advance under the Land Improvement Act, 1871 [3], or, in case the
trust-money does not exceed three thousand rupees, a deposit thereof in a Government Savings Bank.
**22. Sale by trustee directed to sell within specified time.—Where a trustee directed to sell within** a
specified time extends such time, the burden of proving, as between himself and the beneficiary, that the
latter is not prejudiced by the extension lies upon the trustee, unless the extension has been authorised by
a principal Civil Court of original jurisdiction.
_Illustration_
A bequeaths property to B, directing him with all convenient speed and within five years to sell it, and apply the proceeds
for the benefit of C. In the exercise of reasonable discretion, B postpones the sale for six years. The sale is not thereby rendered
invalid, but C, alleging that he has been injured by the postponement, institutes a suit against B to obtain compensation. In such
suit the burden of proving that C has not been injured lies on B.
**23. Liability for breach of trust.—Where** the trustee commits a breach of trust, he is liable to
make good the loss which the trust-property or the beneficiary has thereby sustained, unless the
beneficiary has by fraud induced the trustee to commit the breach, or the beneficiary, being
competent to contract, has himself, without coercion or undue influence having been brought to bear
on him, concurred in the breach, or subsequently acquiesced therein, with full knowledge of the
facts of the case and of his rights as against the trustee.
A trustee committing a breach of trust is not liable to pay interest except in the following cases:—
(a) where he has actually received interest;
(b) where the breach consists in unreasonable delay in paying trust-money to the beneficiary;
(c) where the trustee ought to have received interest, but has not done so;
(d) where he may be fairly presumed to have received interest;
He is liable, in case (a), to account for the interest actually received, and, in cases (b), (c) and
(d), to account for simple interest at the rate of six per cent. per annum, unless the Court otherwise
directs.
1. Ins. by Act 1 of 1916, s. 3.
2. The proviso omitted by Act 34 of 2016, s. 3 (w.e.f. 17-4-2017).
3. See now the Land Improvement Loans Act, 1883 (19 of 1883).
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(e) where the breach consists in failure to invest trust-money and to accumulate the interest or
dividends thereon, he is liable to account for compound interest (with half-yearly rests) at the same
rate;
(f) where the breach consists in the employment of trust-property or the proceeds thereof in
trade or business, he is liable to account, at the option of the beneficiary, either for compound
interest (with half-yearly rests) at the same rate, or for the net profits made by such employment.
_Illustrations_
(a) A trustee improperly leaves trust-property outstanding, and it is consequently lost: he is liable to make good the property
lost, but he is not liable to pay interest thereon.
(b) A bequeaths a house to B in trust to sell it and pay the proceeds to C. B neglects to sell the house for a great length of
time, whereby the house is deteriorated and its market-price falls. B is answerable to C for the loss.
(c) A trustee is guilty of unreasonable delay in investing trust-money in accordance with section 20, or in paying it to the
beneficiary. The trustee is liable to pay interest thereon for the period of the delay.
(d) The duty of the trustee is to invest trust-money in any of the securities mentioned in section 20, clause (a), (b), (c) or (d).
Instead of so doing, he retains the money in his hands. He is liable, at the option of the beneficiary, to be charged either with the
amount of the principal money and interest, or with the amount of such securities as he might have purchased with the trustmoney when the investment should have been made, and the intermediate dividends and interest thereon.
(e) The instrument of trust directs the trustee to invest trust-money either in any of such securities or on mortgage of
immoveable property. The trustee does neither. He is liable for the principal money and interest.
(f) The instrument of trust directs the trustee to invest trust-money in any of such securities and to accumulate the dividends
thereon. The trustee disregards the direction. He is liable, at the option of the beneficiary, to be charged either with the amount of
the principal money and compound interest, or with the amount of such securities as he might have purchased with the trustmoney when the investment should have been made, together with the amount of the accumulation which would have arisen from
a proper investment of the intermediate devidends.
(g) Trust-property is invested in one of the securities mentioned in section 20, clause (a), (b), (c) or (d). The trustee sells
such security for some purpose not authorised by the terms of the instrument of trust. He is liable, at the option of the beneficiary,
either to replace the security with the intermediate dividends and interest thereon, or to account for the proceeds of the sale with
interest thereon.
(h) The trust-property consists of land. The trustee sells the land to a purchaser for a consideration without notice of the
trust. The trustee is liable, at the option of the beneficiary, to purchase other land of equal value to be settled upon the like trust,
or to be charged with the proceeds of the sale with interest.
**24. No set-off allowed to trustee.—A** trustee who is liable for a loss occasioned by a
breach of trust in respect of one portion of the trust-property cannot set-off against his
liability a gain which has accrued to another portion of the trust-property through another
and distinct breach of trust.
**25. Non-liability for predecessor’s default.—Where** a trustee succeeds another, he is not, as such,
liable for the acts or defaults of his predecessor.
**26. Non-liability for co-trustee’s default.—Subject** to the provisions of sections 13 and
15, one trustee is not, as such, liable for a breach of trust committed by his co -trustee:
Provided that, in the absence of an express declaration to the contrary in the instrument of trust, a
trustee is so liable—
(a) where he has delivered trust-property to his co-trustee without seeing to its proper
application;
(b) where he allows his co-trustee to receive trust-property and fails to make due
enquiry as to the co-trustee’s dealings therewith, or allows him to retain it longer than the
circumstances of the case reasonably require;
(c) where he becomes aware of a breach of trust committed or intended by his co-trustee, and
either actively conceals it or does not within a reasonable time take proper steps to protect the
beneficiary’s interest.
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**Joining in receipt for conformity.—A** co-trustee who joins in signing a receipt for trust
property and proves that he has not received the same is not answerable, by reason of such
signature only, for loss or misapplication of the property by his co-trustee.
_Illustration_
A bequeaths certain property to B and C, and directs [.]them to sell it and invest the proceeds for the benefit of D.
B and C accordingly sell the property, and the purchase-money is received by B and retained in his hands. C pays no
attention to the matter for two years and then calls on B to make the investment. B is unable to do so, becomes
insolvent, and the purchase-money is lost. C may be compelled to make good the amount.
**27. Several liability of co-trustees.—Where** co-trustees jointly commit a breach of trust,
or where one of them by his neglect enables the other to commit a breach of trust, each is
liable to the beneficiary for the whole of the loss occasioned by such breach.
**Contribution as between co-trustees.—But** as between the trustees themselves, if one be
less guilty than another and has had to refund the loss, the former may compel the latter, or
his legal representative to the extent of the assets he has received, to make good such loss;
and if all be equally guilty, any one or more of the trustees who has had to refund the loss
may compel the others to contribute.
Nothing in this section shall be deemed to authorise a trustee who has been guilty of
fraud to institute a suit to compel contribution.
**28. Non-liability of trustee paying without notice of transfer by beneficiary.—When**
any beneficiary’s interest becomes vested in another person, and the trustee, not having notice
of the vesting, pays or delivers trust-property to the person who would have been entitled
thereto in the absence of such vesting, the trustee is not liable for the property so paid or
delivered.
**29. Liability of trustee where beneficiary’s interest is forfeited to the Government.—When** the
beneficiary’s interest is forfeited or awarded by legal adjudication [1][to the Government], the trustee is
bound to hold the trust-property to the extent of such interest for the benefit of such person in such
manner as [2][the State Government] may direct in this behalf.
**30. Indemnity of trustees.—Subject to the provisions of the instrument of trust and of**
sections 23 and 26, trustees shall be respectively chargeable only for such moneys, stocks,
funds and securities as they respectively actually receive, and shall not be answerable the one
for the other of them, nor for any banker, broker or other person in whose hands any
trust-property may be placed, nor for the insufficiency or deficiency of any stocks, funds or
securities, nor otherwise for involuntary losses.
CHAPTER IV
OF THE RIGHTS AND POWERS OF TRUSTEES
**31. Right to title-deed.—A** trustee is entitled to have in his possession the instrument of trust and all
the documents of title (if any) relating solely to the trust-property.
**32. Right to reimbursement of expenses.—Every** trustee may reimburse himself, or pay
or discharge out of the trust-property, all expenses properly incurred in or about the execution
of the trust, or the realisation, preservation or benefit of the trust-property, or the protection
or support of the beneficiary.
If he pays such expenses out of his own pocket he has a first charge upon the trust-property
for such expenses and interest thereon; but such charge (unless the expenses have been incurred
with the sanction of a principal Civil Court of original jurisdiction) shall be enforced only by
prohibiting and disposition of the trust-property without previous payment of such expenses and
interest.
1. The words “to Government” successively amended by the A.O. 1937 and the A.O. 1950 to read as above.
2. Subs. by the A.O. 1937, for “the Government”.
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If the trust-property fail, the trustee is entitled to recover from the beneficiary per sonally
on whose behalf he acted, and at whose request, expressed or implied, he made the payment,
the amount of such expenses.
**Right to be recouped for erroneous over-payment.—Where** a trustee has by mistake made
an over-payment to the beneficiary, he may reimburse the trust-property out of the beneficiary’s
interest. If such interest fail, the trustee is entitled to recover from the beneficiary personally the
amount of such over-payment.
**33. Right to indemnity from gainer by breach of trust.—A** person other than a trustee
who has gained an advantage from a breach of trust must indemnify the trustee to the extent
of the amount actually received by such person under the breach; and where he is a
beneficiary the trustee has a charge on his interest for such amount.
Nothing in this section shall be deemed to entitle a trustee to be indemnified who has, in committing
the breach of trust, been guilty of fraud.
**34. Right to apply to Court for opinion in management of trust-property.—Any** trustee
may, without instituting a suit, apply by petition to a principal Civil Court of original
jurisdiction for its opinion, advice or direction on any present questions respecting the
management or administration of the trust-property other than questions of detail, difficulty or
importance, not proper in the opinion of the Court for summary disposal.
A copy of such petition shall be served upon, and the hearing thereof may be attended by,
such of the persons interested in the application as the Court thinks fit.
The trustee stating in good faith the facts in such petition and acting upon the opinion, advice
or direction given by the Court shall be deemed, so far as regards his own responsibility, to have
discharged his duty as such trustee in the subject-matter of the application.
The costs of every application under this section shall be in the discretion of the Court to which it is
made.
**35. Right to settlement of accounts.—When the** duties of a trustee, as such, are completed,
he is entitled to have the accounts of his administration of the trust-property examined and settled;
and, where nothing is due to the beneficiary under the trust, to an acknowledgment in writing to
that effect.
**36. General authority of trustee.—In addition to the** powers expressly conferred by this
Act and by the instrument of trust, and subject to the restrictions, if any, contained in such
instrument, and to the provisions of section 17, a trustee may do all acts which are reasonable
and proper for the realisation, protection or benefit of the trust-property, and for the protection
or support of a beneficiary who is not competent to contract.
1* - - -
Except with the permission of a principal Civil Court of original jurisdiction, no trustee shall
lease trust-property for a term exceeding twenty-one years from the date of executing the lease,
nor without reserving the best yearly rent that can be reasonably obtained.
**37. Power to sell in lots, and either by public auction or private contract.—Where the**
trustee is empowered to sell any trust-property, he may sell the same subject to prior charges or
not, and either together or in lots, by public auction or private contract, and either at one time or
at several times, unless the instrument of trust otherwise directs.
**38. Power to sell under special conditions. Power to buy-in and re-sell.—The** trustee
making any such sale may insert such reasonable stipulations either as to title or evidence of title,
or otherwise, in any conditions of sale or contract for sale, as he thinks fit; and may also buy-in
the property or any part thereof at any sale by auction, and rescind or vary any contract for sale,
1. Second paragraph rep. by Act 12 of 1891, s. 2 and I Schedule.
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and re-sell the property so bought in, or as to which the contract is so rescinded, without being
responsible to the beneficiary for any loss occasioned thereby.
**Time allowed for selling trust-property.—Where** a trustee is directed to sell trust-property or to
invest trust-money in the purchase of property, he may exercise a reasonable discretion as to the time of
effecting the sale or purchase.
_Illustrations_
(a) A bequeaths property to B, directing him to sell it with all convenient speed and pay the proceeds to C. This does not
render an immediate sale imperative.
(b) A bequeaths property to B, directing him to sell it at such time and in such manner as he shall think fit and
invest the proceeds for the benefit of C. This does not authorise B, as between him and C, to postpone the sale to an
indefinite period.
**39. Power to convey.—For** the purpose of completing any such sale, the trustee shall have power to
convey or otherwise dispose of the property sold in such manner as may be necessary.
**40. Power to vary investments.—A** trustee may, at his discretion, call in any trust-property
invested in any security and invest the same on any of the securities mentioned or referred to in
section 20, and from time to time vary any such investments for others of the same nature:
Provided that, where there is a person competent to contract and entitled at the time to
receive the income of the trust-property for his life, or for any greater estate, no such change of
investment shall be made without his consent in writing.
**41. Power to apply property of minors, etc., for their maintenance, etc.—Where** any
property is held by a trustee in trust for a minor, such trustee may, at his discretion, pay to the
guardians (if any) of such minor, or otherwise apply for or towards his maintenance or education
or advancement in life, or the reasonable expenses of his religious worship, marriage or funeral,
the whole or any part of the income to which he may be entitled in respect of such property; and such
trustee shall accumulate all the residue of such income by way of compound interest, by investing the
same and the resulting income thereof from time to time in any of the securities mentioned or referred to
in section 20, for the benefit of the person who shall ultimately become entitled to the property from
which such accumulations have arisen:
Provided that such trustee may, at any time, if he thinks fit, apply the whole or any part of such
accumulations as if the same were part of the income arising in the then current year.
Where the income of the trust-property is insufficient for the minor’s maintenance or education or
advancement in life, or the reasonable expenses of his religious worship, marriage or funeral, the trustee
may, with the permission of a principal Civil Court of original jurisdiction, but not otherwise, apply the
whole or any part of such property for or towards such maintenance, education, advancement or expenses.
Nothing in this section shall be deemed to affect the provisions of any local law for the time being in
force relating to the persons and property of minors.
**42. Power to give receipts.—Any trustees or trustee may give a receipt in** writing for any
money, securities or other moveable property payable, transferable or deliverable to them or him
by reason, or in the exercise, of any trust or power; and, in the absence of fraud, such receipt shall
discharge the person paying, transferring or delivering the same therefrom, and from seeing to the
application thereof, or being accountable for any loss or misapplication thereof.
**43. Power to compound, etc.—Two** or more trustees acting together may, if and as they think fit—
(a) accept any composition or any security for any debt or for any property claimed;
(b) allow any time for payment of any debt;
(c) compromise, compound, abandon, submit to arbitration or otherwise settle any debt, account,
claim or thing whatever relating to the trust; and
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(d) for any of those purposes, enter into, give, execute and do such agreements, instruments
of composition or arrangement, releases and other things as to them seem expedient, without
being responsible for any loss occasioned by any act or thing so done by them in good faith.
The powers conferred by this section on two or more trustees acting together may be
exercised by a sole acting trustee when by the instrument of trust, if any, a sole trustee is
authorized to execute the trusts and powers thereof.
This section applies only if and as far as a contrary intention is not expressed in the
instrument of trust, if any, and shall have effect subject to the terms of that instrument and to the
provisions therein contained.
This section applies only to trusts created after this Act comes into force.
**44. Power to several trustees of whom one disclaims or dies.—When an authority to deal**
with the trust-property is given to several trustees and one of them disclaims or dies, the authority
may be exercised by the continuing trustees, unless from the terms of the instrument of trust it is
apparent that the authority is to be exercised by a number in excess of the number of the remaining
trustees.
**45. Suspension of trustee’s powers by decree.—Where** a decree has been made in a suit
for the execution of a trust, the trustee must not exercise any of his powers except in conformity with such
decree, or with the sanction of the Court by which the decree has been made, or, where an appeal against
the decree is pending, of the Appellate Court.
CHAPTER V
OF THE DISABILITIES OF TRUSTEES
**46. Trustee cannot renounce after acceptance.—** A trustee who has accepted
the trust cannot afterwards renounce it except ( _a)_ with the permission of a principal
Civil Court of original jurisdiction, or ( _b)_ if the beneficiary is competent to
contract, with his consent, or ( _c)_ by virtue of a special power in the instrument of
trust.
**47. Trustee cannot delegate.—A trustee cannot delegate his office or any of his**
duties either to a co-trustee or to a stranger, unless (a) the instrument of trust so
provides, or (b) the delegation is in the regular course of business, or (c) the delegation
is necessary, or (d) the beneficiary, being competent to contract, consents to the
delegation.
_Explanation.—The_ appointment of an attorney or proxy to do an act merely
ministerial and involving no independent discretion is not a delegation within the
meaning of this section.
_Illustrations_
(a) A bequeaths certain property to B and C on certain trusts to be executed by them or the survivor of them
or the assigns of such survivor. B dies. C may bequeath the trust-property to D and E upon the trusts of A’s will.
(b) A is a trustee of certain property with power to sell the same. A may employ an auctioneer to effect the
sale.
(c) A bequeaths to B fifty houses let at monthly rents in trust to collect the rents and pay them to C. B may employ a proper
person to collect these rents.
**48. Co-trustees cannot act singly.—When there are more trustees than one, all**
must join in the execution of the trust, except where the instrument of trust otherwise
provides.
**49. Control of discretionary power.—Where a discretionary power conferred on** a
trustee is not exercised reasonably and in good faith, such power may be controlled by a
principal Civil Court of original jurisdiction.
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**50. Trustee may not charge for services.—In the** absence of express directions
to the contrary contained in the instrument of trust or of a contract to the contrary
entered into with the beneficiary or the Court at the time of accepting the trust, a
trustee has no right to remuneration for his trouble, skill and loss of time in
executing the trust.
Nothing in this section applies to any Official Trustee, Administrator General, Public
Curator, or person holding a certificate of administration.
**51. Trustee may not use trust-property for his own profit.—A trustee may not** use
or deal with the trust-property for his own profit or for any other purpose unconnected
with the trust.
**52. Trustee for sale or his agent may not buy.—No** trustee whose duty it is to sell
trust-property, and no agent employed by such trustee for the purpose of the sale, may,
directly or indirectly, buy the same or any interest therein, on his own account or as
agent for a third person.
**53. Trustee may not buy beneficiary’s interest without permission.—No trustee, and no**
person who has recently ceased to be a trustee, may, without the permission of a principal Civil Court of
original jurisdiction, buy or become mortgagee or lessee of the trust-property or any part thereof; and
such permission shall not be given unless the proposed purchase, mortgage or lease is manifestly for the
advantage of the beneficiary.
**Trustee for purchase.—And** no trustee whose duty it is to buy or to obtain a mortgage
or lease of particular property for the beneficiary may buy it, or any part thereof, or obtain a
mortgage or lease of it, or any part thereof, for himself.
**54. Co-trustees may not lend to one of themselves.—A trustee or co-trustee whose duty it**
is to invest trust-money on mortgage or personal security must not invest it on a mortgage by,
or on the personal security of, himself or one of his co-trustees.
CHAPTER VI
OF THE RIGHTS AND LIABILITIES OF THE BENEFICIARY
**55. Rights to rents and profits.—The** beneficiary has, subject to the provisions of the
instrument of trust, a right to the rents and profits of the trust-property.
**56. Right to specific execution.—The** beneficiary is entitled to have the intention of the
author of the trust specifically executed to the extent of the beneficiary’s interest;
**Right to transfer of possession.—and,** where there is only one beneficiary and he is
competent to contract, or where there are several beneficiaries and they are competent to
contract and all of one mind, he or they may require the trustee to transfer the trust -property
to him or them, or to such person as he or they may direct.
When property has been transferred or bequeathed for the benefit of a married woman, so
that she shall not have power to deprive herself of her beneficial interest, nothing in the second
clause of this section applies to such property during her marriage.
_Illustrations_
Certain Government securities are given to trustees upon trust to accumulate the interest until A attains the age of 24, and
then to transfer the gross amount to him. A on attaining majority may, as the person exclusively interested in the trust-property,
require the trustees to transfer it immediately to him.
A bequeaths Rs.10,000 to trustees upon trust to purchase an annuity for B, who has attained his majority and is otherwise
competent to contract. B may claim the Rs. 10,000.
A transfers certain property to B and directs him to sell or invest it for the benefit of C, who is competent to contract. C may
elect to take the property in its original character.
**57. Right to inspect and take copies of instrument of trust, accounts, etc.—The** beneficiary
has a right, as against the trustee and all persons claiming under him with notice of the trust, to
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inspect and take copies of the instrument of trust, the documents of title relating solely to the
trust-property, the accounts of the trust-property and the vouchers (if any) by which they are
supported, and the cases submitted and opinions taken by the trustee for his guidance in the
discharge of his duty.
**58. Right to transfer beneficial interest.—The** beneficiary, if competent to contract, may
transfer his interest, but subject to the law for the time being in force as to the circumstances
and extent in and to which he may dispose of such interest:
Provided that when property is transferred or bequeathed for the benefit of a married
woman, so that she shall not have power to deprive herself of her beneficial interest, nothing
in this section shall authorise her to transfer such interest during her marriage.
**59. Right to sue for execution of trust.—Where** no trustees are appointed or all the
trustees die, disclaim or are discharged, or where for any other reason the execution of a
trust by the trustee is or becomes impracticable, the beneficiary may institute a suit for the execution of
the trust, and the trust shall, so far as may be possible, be executed by the Court until the appointment of a
trustee or new trustee.
**60. Right to proper trustees.—The** beneficiary has a right (subject to the provisions of
the instrument of trust) that the trust-property shall be properly protected and held and
administered by proper persons and by a proper number of such persons.
_Explanation I.—The_ following are not proper persons within the meaning of this section:—
A person domiciled abroad: an alien enemy: a person having an interest inconsistent with that of the
beneficiary: a person in insolvent circumstances; and, unless the personal law of the beneficiary allows
otherwise, a married woman and a minor.
_Explanation II.—When_ the administration of the trust involves the receipt and custody of money, the
number of trustees should be two at least.
_Illustrations_
(a) A, one of several beneficiaries, proves that B, the trustee, has improperly disposed of part of the trust-property, or that
the property is in danger from B’s being in insolvent circumstances, or that he is incapacitated from acting as trustee. A may
obtain a receiver of the trust-property.
(b) A bequeaths certain jewels to B in trust for C. B dies during A’s lifetime; then A dies. C is entitled to have the property
conveyed to a trustee for him.
(c) A conveys certain property to four trustees in trust for B. Three of the trustees die. B may institute a suit to have three
new trustees appointed in the place of the deceased trustees.
(d) A conveys certain property to three trustees in trust for B. All the trustees disclaim. B may institute a suit to have three
trustees appointed in place of the trustees so disclaiming.
(e) A, a trustee for B, refuses to act, or goes to reside permanently out of [1][India], or is declared an insolvent, or compounds
with his creditors, or suffers a co-trustee to commit a breach of trust. B may institute a suit to have A removed and a new trustee
appointed in his room.
**61. Right to compel to any act of duty.—The** beneficiary has a right that his trustee shall be
compelled to perform any particular act of his duty as such, and restrained from committing any
contemplated or probable breach of trust.
_Illustrations_
(a) A contracts with B to pay him monthly Rs.100 for the benefit of C. B writes and signs a letter declaring that he will hold
in trust for C the money so to be paid. A fails to pay the money in accordance with his contract. C may compel B on a proper
indemnity to allow C to sue on the contract in B’s name.
(b) A is trustee of certain land, with a power to sell the same and pay the proceeds to B and C equally. A is about to
make an improvident sale of the land. B may sue on behalf of himself and C for an injunction to restrain A from making
the sale.
1. Subs. by the A.O. 1950, for “the Provinces”.
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**62. Wrongful purchase by trustee.—Where** a trustee has wrongfully bought trust-property,
the beneficiary has a right to have the property declared subject to the trust or retransferred by the
trustee, if it remains in his hands unsold, or, if it has been bought from him by any person with
notice of the trust, by such person. But in such case the beneficiary must repay the purchase-money
paid by the trustee, with interest, and such other expenses (if any) as he has properly incurred in
the preservation of the property; and the trustee or purchaser must (a) account for the net profits of
the property, (b) be charged with an occupation-rent, if he has been in actual possession of the
property, and (c) allow the beneficiary to deduct a proportionate part of the purchase-money if the
property has been deteriorated by the acts or omissions of the trustee or purchaser.
Nothing in this section—
(a) impairs the rights of lessees and others who, before the institution of a suit to have the
property declared subject to the trust or retransferred, have contracted in good faith with the trustee or
purchaser; or
(b) entitles the beneficiary to have the property declared subject to the trust or retransferred
where he, being competent to contract, has himself, without coercion or undue influence having been
brought to bear on him, ratified the sale to the trustee with full knowledge of the facts of the case and
of his rights as against the trustee.
**63. Following trust-property—into the hands of third persons;—Where trust-property comes**
into the hands of a third person inconsistently with the trust, the beneficiary may require him to admit
formally, or may institute a suit for a declaration, that the property is comprised in the trust.
**into that into which it has been converted.—Where the trustee has disposed of trust-property**
and the money or other property which he has received therefor can be traced in his hands, or the
hands of his legal representative or legatee, the beneficiary has, in respect thereof, rights as nearly as
may be the same as his rights in respect of the original trust-property.
_Illustrations_
(a) A, a trustee for B of Rs. 10,000, wrongfully invests the Rs. 10,000 in the purchase of certain land. B is entitled to the
land.
(b) A, a trustee, wrongfully purchases land in his own name, partly with his own money, partly with money
subject to a trust for B. B is entitled to a charge on the land for the amount of the trust -money so misemployed.
**64. Saving of rights of certain transferees.—Nothing in section 63 entitles the beneficiary to any**
right in respect of property in the hands of—
(a) a transferee in good faith for consideration without having notice of the trust, either when the
purchase-money was paid, or when the conveyance was executed, or
(b) a transferee for consideration from such a transferee.
A judgment-creditor of the trustee attaching and purchasing trust-property is not a transferee for
consideration within the meaning of this section.
Nothing in section 63 applies to money, currency notes and negotiable instruments in the hands of a
_bona fide holder to whom they have passed in circulation, or shall be deemed to affect the Indian Contract_
Act, 1872 (9 of 1872), section 108, or the liability of a person to whom a debt or charge is transferred.
**65. Acquisition by-trustee of trust-property wrongfully converted.—Where a trustee wrongfully**
sells or otherwise transfers trust-property and afterwards himself becomes the owner of the property, the
property again becomes subject to the trust, notwithstanding any want of notice on the part of intervening
transferees in good faith for consideration.
**66. Right in case of blended property.—Where the trustee wrongfully mingles the trust-**
property with his own, the beneficiary is entitled to a charge on the whole fund for the amount due
to him.
**67. Wrongful employment by partner-trustee of trust-property for partnership purposes.—**
If a partner, being a trustee, wrongfully employs trust-property in the business or on the account of
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the partnership, no other partner is liable therefor in his personal capacity to the beneficiaries, unless
he had notice of the breach of trust.
The partners having such notice are jointly and severally liable for the breach of trust.
_Illustrations_
(a) A and B are partners. A dies, having bequeathed all his property to B in trust for Z, and appointed B his sole executor. B,
instead of winding up the affairs of the partnership, retains all the assets in the business. Z may compel him, as partner, to
account for so much of the profits as are derived from A’s share of the capital. B is also answerable to Z for the improper
employment of A’s assets.
(b) A, a trader, bequeaths his property to B in trust for C, appoints B his sole executor, and dies. B enters into partnership
with X and Y in the same trade, and employs A’s assets in the partnership-business. B gives an indemnity to X and Y against the
claims of C. Here X and Y are jointly liable with B to C as having knowingly become parties to the breach of trust committed by
B.
**68. Liability of beneficiary joining in breach of trust.—Where** one of several beneficiaries—
(a) joins in committing breach of trust, or
(b) knowingly obtains any advantage therefrom, without the consent of the other beneficiaries, or
(c) becomes aware of a breach of trust committed or intended to be committed, and either
actually conceals it, or does not within a reasonable time take proper steps to protect the interests of
the other beneficiaries, or
(d) has deceived the trustee and thereby induced him to commit a breach of trust,
the other beneficiaries are entitled to have all his beneficial interest impounded as against him and
all who claim under him (otherwise than as transferees for consideration without notice of the
breach) until the loss caused by the breach has been compensated.
When property has been transferred or bequeathed for the benefit of a married woman, so that
she shall not have power to deprive herself of her beneficial interest, nothing in this section applies
to such property during her marriage.
**69. Rights and liabilities of beneficiary’s transferee.—Every** person to whom a beneficiary
transfers his interest has the rights, and is subject to the liabilities, of the beneficiary in respect of such
interest at the date of the transfer.
CHAPTER VII
OF VACATING THE OFFICE OF TRUSTEES
**70. Office how vacated.—The office of a trustee is vacated by his death or by his discharge from his**
office.
**71. Discharge of trustee.—The** trustee may be discharged from his office only as follows:—
(a) by the extinction of the trust;
(b) by the completion of his duties under the trust;
(c) by such means as may be prescribed by the instrument of trust;
(d) by appointment under this Act of a new trustee in his place;
(e) by consent of himself and the beneficiary, or, where there are more beneficiaries than one, all
the beneficiaries being competent to contract, or
(f) by the Court to which a petition for his discharge is presented under this Act.
**72. Petition to be discharged from trust.—Notwithstanding** the provisions of section 11,
every trustee may apply by petition to a principal Civil Court of original jurisdiction to be
discharged from his office; and if the Court finds that there is sufficient reason for such discharge,
it may discharge him accordingly, and direct his costs to be paid out of the trust-property. But
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where there is no such reason, the Court shall not discharge him, unless a proper person can be
found to take his place.
**73. Appointment of new trustees on death, etc.—Whenever** any person appointed a trustee
disclaims, or any trustee, either original or substituted, dies, or is for a continuous period of six months
absent from [1][India], or leaves [1][India] for the purpose of residing abroad, or is declared an insolvent, or
desires to be discharged from the trust, or refuses or becomes, in the opinion of a principal Civil Court of
original jurisdiction, unfit or personally incapable to act in the trust, or accepts an inconsistent trust, a new
trustee may be appointed in his place by—
(a) the person nominated for that purpose by the instrument of trust (if any), or
(b) if there be no such person, or no such person able and willing to act, the author of the
trust if he be alive and competent to contract, or the surviving or continuing trustees or trustee
for the time being, or legal representative of the last surviving and continuing trustee, or (with
the consent of the Court) the retiring trustees, if they all retire simultaneously, or (with the
like consent) the last retiring trustee.
Every such appointment shall be by writing under the hand of the person making it. On an
appointment of a new trustee the number of trustees may be increased.
The Official Trustee may, with his consent and by the order of the Court, be appointed under this
section, in any case in which only one trustee is to be appointed and such trustee is to be the sole trustee.
The provisions of this section relative to a trustee who is dead include the case of a person nominated
trustee in a will but dying before the testator, and those relative to a continuing trustee include a refusing
or retiring trustee if willing to act in the execution of the power.
**74. Appointment by Court.—Whenever** any such vacancy or disqualification occurs and it is
found impracticable to appoint a new trustee under section 73, the beneficiary may, without instituting
a suit, apply by petition to a principal Civil Court of original jurisdiction for the appointment of a
trustee or a new trustee, and the Court may appoint a trustee or a new trustee accordingly.
**Rule for selecting new trustees.—In** appointing new trustees, the Court shall have regard (a)
to the wishes of the author of the trust as expressed in or to be inferred from the instrument of
trust; (b) to the wishes of the person, if any, empowered to appoint new trustees; (c) to the question
whether the appointment will promote or impede the execution of the trust; and (d) where there are
more beneficiaries than one, to the interests of all such beneficiaries.
**75. Vesting of trust-property in new trustees.—Whenever** any new trustee is appointed under
section 73 or section 74, all the trust-property for the time being vested in the surviving or continuing
trustees or trustee, or in the legal representative of any trustee, shall become vested in such new trustee,
either solely or jointly with the surviving or continuing trustees or trustee, as the case may require.
**Powers of new trustees.—Every** new trustee so appointed, and every trustee appointed by a
Court either before or after the passing of this Act, shall have the same powers, authorities and
discretions, and shall in all respects act, as if he had been originally nominated a trustee by the
author of the trust.
**76. Survival of trust.—On** the death or discharge of one of several co-trustees, the trust
survives and the trust-property passes to the others, unless the instrument of trust expressly declares
otherwise.
CHAPTER VIII
OF THE EXTINCTION OF TRUSTS
**77. Trust how extinguished.—A** trust is extinguished—
(a) when its purpose is completely fulfilled; or
1. Subs. by the A.O. 1950, for “the Provinces”.
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(b) when its purpose becomes unlawful; or
(c) when the fulfilment of its purpose becomes impossible by destruction of the trust-property or
otherwise; or
(d) when the trust, being revocable, is expressly revoked.
**78. Revocation of trust.—A trust created by will may be revoked at the pleasure of the testator.**
A trust otherwise created can be revoked only—
(a) where all the beneficiaries are competent to contract—by their consent;
(b) where the trust has been declared by a non-testamentary instrument or by word of
mouth—in exercise of a power of revocation expressly reserved to the author of the trust; or
(c) where the trust is for the payment of the debts of the author of the trust, and has not been
communicated to the creditors—at the pleasure of the author of the trust.
_Illustration_
A conveys property to B in trust to sell the same and pay out of the proceeds the claims of A’s creditors. A
reserves no power of revocation. If no communication has been made to the creditors, A may revoke the trust. But if
the creditors are parties to the arrangement, the trust cannot be revoked without their consent.
**79. Revocation not to defeat what trustees have duly done.—No trust can be revoked by the author**
of the trust so as to defeat or prejudice what the trustees may have duly done in execution of the trust.
CHAPTER IX
OF CERTAIN OBLIGATIONS IN THE NATURE OF TRUSTS
**80. Where obligation in nature of trust is created.—An obligation in the nature of a trust is created**
in the following cases.
**81. [Where it does not appear that transferor intended to dispose of beneficial interest.] Rep. by the**
_Benami Transactions (Prohibition) Act, 1988 (45 of 1988), s. 7_ (w.e.f. 19-5-1988).
**82. [Transfer to one for consideration paid by another.] Rep. by s. 7, ibid. (w.e.f. 19-5-1988).**
**83. Trust incapable of execution or executed without exhausting trust-property.—Where**
a trust is incapable of being executed, or where the trust is completely executed without
exhausting the trust-property, the trustee, in the absence of a direction to the contrary, must hold
the trust-property, or so much thereof as is unexhausted, for the benefit of the author of the trust
or his legal representative.
_Illustrations_
(a) A conveys certain land to B—
“upon trust,” and no trust is declared; or
“upon trust to be thereafter declared”, and no such declaration is ever made; or
upon trusts that are too vague to be executed; or
upon trusts that become incapable of taking effect; or
“in trust for C.” and C renounces his interest under the trust.
In each of these cases B holds the land for the benefit of A.
(b) A transfers Rs. 10,000 in the four per cents. to B, in trust to pay the interest annually accruing due to C for
her life. A dies. Then C dies. B holds the fund for the benefit of A’s legal representative.
(c) A conveys land to B upon trust to sell it and apply one moiety of the proceeds for certain charitable purposes,
and the other for the maintenance of the worship of an idol. B sells the land, but the charitable purposes wholly fail,
and the maintenance of the worship does not exhaust the second moiety of the proceeds. B holds the first moiety and
the part unapplied of the second moiety for the benefit of A or his legal representative.
21
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(d) A bequeaths Rs. 10,000 to B, to be laid out in buying land to be conveyed for purposes which either
wholly or partially fail to take effect. B holds for the benefit of A’s legal representative the undisposed of interest in the money or
land if purchased.
**84. Transfer for illegal purpose.—Where the owner of property transfers it to another for an illegal**
purpose and such purpose is not carried into execution, or the transferor is not as guilty as the transferee,
or the effect of permitting the transferee to retain the property might be to defeat the provisions of any
law, the transferee must hold the property for the benefit of the transferor.
**85. Bequest for illegal purpose.—Where a testator bequeaths certain property upon trust and**
the purpose of the trust appears on the face of the will to be unlawful, or during the testator’s
lifetime the legatee agrees with him to apply the property for an unlawful purpose, the legatee
must hold the property for the benefit of the testator’s legal representative.
**Bequest of which revocation is prevented by coercion.—Where** property is bequeathed and the
revocation of the bequest is prevented by coercion, the legatee must hold the property for the benefit of
the testator’s legal representative.
**86. Transfer pursuant to rescindable contract.—Where** property is transferred in pursuance of a
contract which is liable to rescission or induced by fraud or mistake, the transferee must, on receiving
notice to that effect, hold the property for the benefit of the transferor, subject to repayment by the latter
of the consideration actually paid.
**87. Debtor becoming creditor’s representative.—Where a** debtor becomes the executor or other
legal representative of his creditor, he must hold the debt for the benefit of the persons interested therein.
**88. Advantage gained by fiduciary.—Where** a trustee, executor, partner, agent, director of a
company, legal advisor, or other person bound in a fiduciary character to protect the interests of another
person, by availing himself of his character, gains for himself any pecuniary advantage, or where any
person so bound enters into any dealings under circumstances in which his own interests are, or may be,
adverse to those of such other person and thereby gains for himself a pecuniary advantage, he must hold
for the benefit of such other person the advantage so gained.
_Illustrations_
(a) A, an executor, buys at an undervalue from B, a legatee, his claim under the will. B is ignorant of the value of the
bequest. A must hold for the benefit of B the difference between the price and value.
(b) A, a trustee, uses the trust-property for the purpose of his own business. A holds for the benefit of his beneficiary the
profits arising from such user.
(c) A, a trustee, retires from his trust in consideration of his successor paying him a sum of money. A holds such money for
the benefit of his beneficiary.
(d) A, a partner, buys land in his own name with funds belonging to the partnership. A holds such land for the benefit of the
partnership.
(e) A, a partner, employed on behalf of himself and his co-partners is negotiating the terms of a lease, clandestinely
stipulates with the lessor for payment to himself of a lakh of rupees. A holds the lakh for the benefit of the partnership.
(f) A and B are partners. A dies. B, instead of winding up the affairs of the partnership, retains all the assets in the business.
B must account to A’s legal representative for the profits arising from A’s share of the capital.
(g) A, an agent employed to obtain a lease for B, obtains the lease for himself. A holds the lease for the benefit of B.
(h) A, a guardian, buys up for himself incumbrances on his ward B’s estate at an undervalue. A holds for the benefit of B the
incumbrances so bought, and can only charge him with what he has actually paid.
**89. Advantage gained by exercise of undue influence.—Where,** by the exercise of undue influence,
any advantage is gained in derogation of the interests of another, the person gaining such advantage
without consideration, or with notice that such influence has been exercised, must hold the advantage for
the benefit of the person whose interests have been so prejudiced.
**90. Advantage gained by qualified owner.—Where a tenant for life, co-owner, mortgagee or other**
qualified owner of any property, by availing himself of his position as such, gains an advantage in
derogation of the rights of the other persons interested in the property, or where any such owner, as
representing all persons interested in such property, gains any advantage, he must hold, for the benefit of
22
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all persons so interested, the advantage so gained, but subject to repayment by such persons of their due
share of the expenses properly incurred, and to an indemnity by the same persons against liabilities
properly contracted, in gaining such advantage.
_Illustrations_
(a) A, the tenant for life of leasehold property, renews the lease in his own name and for his own benefit. A holds the
renewed lease for the benefit of all those interested in the old lease.
(b) A village belongs to a Hindu family. A, one of its members, pays nazrana to Government and thereby procures his
name to be entered as the inamdar of the village. A holds the village for the benefit of himself and the other members.
(c) A mortgages land to B, who enters into possession. B allows the Government revenue to fall into arrear with a view to
the land being put up for sale and his becoming himself the purchaser of it. The land is accordingly sold to B. Subject to the
repayment of the amount due on the mortgage and of his expenses properly incurred as mortgagee, B holds the land for the
benefit of A.
**91. Property acquired with notice of existing contract.—Where a person acquires property**
with notice that another person has entered into an existing contract affecting that property, of
which specific performance could be enforced, the former must hold the property for the benefit of
the latter to the extent necessary to give effect to the contract.
**92. Purchase by person contracting to buy property to be held on trust.—Where** a person
contracts to buy property to be held on trust for certain beneficiaries and buys the property accordingly,
he must hold the property for their benefit to the extent necessary to give effect to the contract.
**93. Advantage secretly gained by one of several compounding creditors.—Where** creditors
compound the debts due to them, and one of such creditors, by a secret arrangement with the debtor, gains
an undue advantage over his co-creditors, he must hold for the benefit of such creditors the advantage so
gained.
**94.** [Constructive trusts in cases not expressly provided for].—Rep. by the Benami
_Transactions (Prohibition) Act, 1988 (45 of 1988), s. 7_ (w.e.f. 19-5-1988).
**95. Obligor’s duties, liabilities and disabilities.—The** person holding property in accordance
with any of the preceding sections of this Chapter must, so far as may be, perform the same duties,
and is subject, so far as may be, to the same liabilities and disabilities, as if he were a trustee of the
property for the person for whose benefit he holds it:
Provided that (a) where he rightfully cultivates the property or employs it in trade or business, he is
entitled to reasonable remuneration for his trouble, skill and loss of time in such cultivation or
employment; and (b) where he holds the property by virtue of a contract with the person for whose
benefit he holds it, or with any one through whom such person claims, he may, without the permission of
the Court, buy or become lessee or mortgagee of the property or any part thereof.
**96. Saving of rights of bona fide** **purchasers.—Nothing** contained in this Chapter shall impair the
rights of transferees in good faith for consideration, or create an obligation in evasion of any law for the
time being in force.
23
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# THE SCHEDULE
(See section 2)
STATUTE
Year and Chapter Short Title Extent of repeal
29 Car. II, c. 3 . . . . The Statute of Frauds[1] Sections 7, 8, 9, 10 and 11.
ACTS OF THE GOVERNOR GENERAL IN COUNCIL
Number and year Short title Extent of repeal
XXVII of 1866 . . . 2The Trustees’ and Sections 2, 3, 4, 5, 32, 33, 34,
Mortgages’ Powers Act, 1866 35, 36 and 37.
In sections [3]*** 43 the word
“trustee” wherever it occurs;
and in section 43 the words
“management or” and “the
trust-property or”.
3The Specific Relief Act, In section 12 the first
1 of 1877 . . . illustration.
1877
____________
1. Rep. in its application to India.
2. Rep.
3. The figures “39, and” by implication the word “and”, rep. by Act 12 of 1891, s. 2 and the First Sch.
24
|Year and Chapter|Short Title|Extent of repeal|
|---|---|---|
|29 Car. II, c. 3 . . . .|The Statute of Frauds1|Sections 7, 8, 9, 10 and 11.|
|Number and year|Short title|Extent of repeal|
|---|---|---|
|XXVII of 1866 . . . 1 of 1877 . . .|2The Trustees’ and Mortgages’ Powers Act, 1866 3The Specific Relief Act, 1877|Sections 2, 3, 4, 5, 32, 33, 34, 35, 36 and 37. In sections 3*** 43 the word “trustee” wherever it occurs; and in section 43 the words “management or” and “the trust-property or”. In section 12 the first illustration.|
-----
|
17-Feb-1882 | 04 | The Transfer of Property Act, 1882 | https://www.indiacode.nic.in/bitstream/123456789/2338/1/A1882-04.pdf | central | PREAMBLE
SECTIONS
1. Short title.
Commencement.
Extent.
## THE TRANSFER OF PROPERTY ACT, 1882
_________
ARRANGEMENT OF SECTIONS
___________
CHAPTER I
PRELIMINARY
2. Repeal of Acts.
Saving of certain enactments, incidents, rights, liabilities, etc.
3. Interpretation-clause.
4. Enactments relating to contracts to be taken as part of Contract Act and
supplemental to the Registration Act.
CHAPTER II
OF TRANSFERS OF PROPERTY BY ACT OF PARTIES
(A) Transfer of Property, whether moveable or immoveable
5. “Transfer of property” defined.
6. What may be transferred.
7. Persons competent to transfer.
8. Operation of transfer.
9. Oral transfer.
10. Condition restraining alienation.
11. Restriction repugnant to interest cleated.
12. Condition making interest determinable on insolvency or attempted alienation.
13. Transfer for benefit of unborn person.
14. Rule against perpetuity.
15. Transfer to class some of whom come under sections 13 and 14.
16. Transfer to take effect on failure of prior interest.
17. Direction for accumulation.
18. Transfer in perpetuity for benefit of public.
19. Vested interest.
20. When unborn person acquires vested interest on transfer for his benefit.
21. Contingent interest.
1
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SECTIONS
22. Transfer to members of a class who attain a particular age.
23. Transfer contingent on happening of specified uncertain event.
24. Transfer to such of certain persons as survive at some period not specified.
25. Conditional transfer.
26. Fulfilment of condition precedent.
27. Conditional transfer to one person coupled with transfer to another on failure of prior
disposition.
28. Ulterior transfer conditional on happening or not happening of specified event.
29. Fulfilment of condition subsequent.
30. Prior disposition not affected by invalidity of ulterior disposition.
31. Condition that transfer shall cease to have effect in case specified uncertain event
happens or does not happen.
32. Such condition must not be invalid.
33. Transfer conditional on performance of act, no time being specified for performance.
34. Transfer conditional on performance of act, time being specified.
_Election_
35. Election when necessary.
_Apportionment_
36. Apportionment of periodical payments on determination of interest of person entitled.
37. Apportionment of benefit of obligation on severance.
_(B) Transfer of Immoveable Property_
38. Transfer by person authorised only under certain circumstances to transfer.
39. Transfer where third person is entitled to maintenance.
40. Burden of obligation imposing restriction on use of land or of obligation annexed to
ownership but not amounting to interest or easement.
41. Transfer by ostensible owner.
42. Transfer by person having authority to revoke former transfer.
43. Transfer by unauthorised person who subsequently acquires interest in property
transferred.
44. Transfer by one co-owner.
45. Joint transfer for consideration.
46. Transfer for consideration by persons having distinct interests.
47. Transfer by co-owners of share in common property.
48. Priority of rights created by transfer.
49. Transferee's right under policy.
50. Rent bona fide paid to holder under defective title.
2
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SECTIONS
51. Improvements made by bona fide holders under defective titles.
52. Transfer of property pending suit relating thereto.
53. Fraudulent transfer.
53A. Part performance.
CHAPTER III
OF SALES OF IMMOVEABLE PROPERTY
54. “Sale” defined.
Sale how made.
Contract for sale.
55. Rights and liabilities of buyer and seller.
56. Marshalling by subsequent purchaser.
_Discharge of Incumbrances on Sale_
57. Provision by Court for incumbrances and sale freed therefrom.
CHAPTER IV
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES
58. “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money”and “mortgage
deed”defined.
Simple mortgage.
Mortgage by conditional sale.
Usufructuary mortgage.
English mortgage.
Mortgage by deposit of title-deeds.
Anomalous mortgage.
59. Mortgage when to be by assurance.
59A. References to mortgagors and mortgagees to include persons deriving title from
them.
_Rights and Liabilities of Mortgagor_
60. Right of mortgagor to redeem.
Redemption of portion of mortgaged property.
60A.Obligation to transfer to third party instead of re-transference to mortgagor.
60B. Right to inspection and production of documents.
61. Right to redeem separately or simultaneously.
62. Right of usufructuary mortgagor to recover possession.
63. Accession to mortgaged property.
Accession acquired in virtue of transferred ownership.
3
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SECTIONS
63A. Improvements to mortgaged property.
64. Renewal of mortgaged lease.
65. Implied contracts by mortgagor.
65A. Mortgagor’s power to lease.
66. Waste by mortgagor in possession.
_Rights and liabilities of Mortgagee_
67. Right to foreclosure or sale.
67A. Mortgagee when bound to bring one suit on several mortgages.
68. Right to sue for mortgage-money.
69. Power of sale when valid.
69A. Appointment of receiver.
70. Accession to mortgaged property.
71. Renewal of mortgaged lease.
72. Rights of mortgagee in possession.
73. Right to proceeds of revenue sale or compensation on acquisition.
74. [Repealed.].
75. [Repealed.].
76. Liabilities of mortgagee in possession.
Loss occasioned by his default.
77. Receipts in lieu of interests.
_Priority_
78. Postponement of prior mortgagee.
79. Mortgage to secure uncertain amount when maximum is expressed.
80. [Repealed.].
_Marshalling and Contribution_
81. Marshalling securities.
82. Contribution to mortgage-debt.
_Deposit in Court_
83. Power to deposit in Court money due on mortgage.
Right to money deposited by mortgagor.
84. Cessation of interest.
_Suits for Foreclosure, Sale or Redemption_
85. [Repealed.].
_Foreclosure and Sale_
86. [Repealed.].
87. [Repealed.].
88. [Repealed.].
4
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SECTIONS
89. [Repealed.].
90. [Repealed.].
_Redemption_
91. Persons who may sue for redemption.
92. Subrogation.
93. Prohibition of tacking.
94. Rights of mesne mortgagee.
95. Right of redeeming co-mortgagor to expenses.
96. Mortgage by deposit of title-deeds.
97. [Repealed.].
_Anomalous Mortgages_
98. Rights and liabilities of parties to anomalous mortgages.
99. [Repealed.].
_Charges_
100. Charges.
101. No merger in case of subsequent encumbrance.
_Notice and Tender_
102. Service or tender on or to agent.
103. Notice, etc., to or by person incompetent to contract.
104. Power to make rules.
CHAPTER V
OF LEASES OF IMMOVEABLE PROPERTY
105. Lease defined.
Lessor, lessee, premium and rent defined.
106. Duration of certain leases in absence of written contract or local usage.
107. Leases how made.
108. Rights and liabilities of lessor and lessee.
A.—Rights and liabilities of the lessor.
B.—Rights and liabilities of the lessee.
109. Rights of lessor’s transferee.
110. Exclusion of day on which term commences.
Duration of lease for a year.
Option to determine lease.
111. Determination of lease.
112. Waiver of forfeiture.
113. Waiver of notice to quit.
114. Relief against forfeiture for non-payment of rent.
5
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SECTIONS
114A. Relief against forfeiture in certain other cases.
115. Effect of surrender and forfeiture on under-leases.
116. Effect of holding over.
117. Exemption of leases for agricultural purposes.
CHAPTER VI
OF EXCHANGES
118. “Exchange” defined.
119. Right of party deprived of thing received in exchange.
120. Rights and liabilities of parties.
121. Exchange of money.
CHAPTER VII
OF GIFTS
122. “Gift” defined.
Acceptance when to be made.
123. Transfer how effected.
124. Gift of existing and future property.
125. Gift to several, of whom one does not accept.
126. When gift may be suspended or revoked.
127. Onerous gifts.
Onerous gift to disqualified person.
128. Universal donee.
129. Saving of donations mortis causa and Muhammadan law.
CHAPTER VIII
OF TRANSFERS OF ACTIONABLE CLAIMS
130. Transfer of actionable claim.
130A. [Repealed.].
131. Notice to be in writing, signed.
132. Liability of transferee of actionable claim.
133. Warranty of solvency of debtor.
134. Mortgaged debt.
135. Assignment of rights under policy of insurance against fire.
135A. [Repealed.].
136. Incapacity of officers connected with Courts of Justice.
137. Saving of negotiable instruments, etc.
THE SCHEDULE.
6
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## THE TRANSFER OF PROPERTY ACT, 1882
ACT NO. 4 OF 1882
[17th February, 1882.]
## An Act to amend the law relating to the Transfer of Property by act of Parties.
**Preamble.—WHEREAS it is expedient to define and amend certain parts of the law**
relating to the transfer of property by act of parties; It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Short title.—This Act may be called the Transfer of Property Act, 1882.**
**Commencement.—It shall come into force on the first day of July, 1882.**
**Extent.—** [1] [It extends [2] in the first instance to the whole of India. except [3] [the
territories which, immediately before the 1st November, 1956, were comprised in Part B
States or in the States of], Bombay, Punjab and Delhi.]
4 [But this Act or any part thereof may by 5 notification in the Official Gazette be
extended to the whole or any part of [6] [the said territories] by the State Government
concerned.]
7[And any State Government may 8*** from time to time, by notification in the Official
Gazette, exempt, either retrospectively or prospectively, any part of the territories
administered by such State Government from all or any of the following provisions,
namely:—
Sections 54, paragraphs 2 and 3, 59, 107 and 123.]
1. Subs. by the A.O. 1950, for the third paragraph.
2. The application of this Act was barred in the Naga Hills District, including the Mokokchung Sub -division, the
Dibrugarh Frontier Tract, the North Cachar Hills, the Garo Hills, the Khasi and Jantia Hills and the Mikir hills
Tract, by notification under s. 2 of the Assam Frontier Tracts Regulation, 1880 (Reg. 2 of 1880).
Partially extended to Berar by Act 4 of 1941. Extended to Manipur by Act 68 of 1956; to Dadra and Nagar Haveli
by Reg. 6 of 1963, s. 2 and Sch. I; to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch.; to Lakshadweep by
Reg. 8 of 1965, s. 3 and Sch., to Pondicherry by Act 26 of 1968, s. 3 and Sch.
It has been amended to Bombay by Bombay Act 14 of 1939, 57 of 1959, in U.P. by U.P. Act 24 of 1954, 14 of 1970 and 57
of 1976.
Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and Fifth
Schedule (w.e.f. 31-10-2019).
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
4. Subs. by the A.O. 1937, for the original paragraph.
5. The Act has been extended to—
The Presidency of Bombay (except Scheduled Districts) w.e.f. 1-1-1893; to Mehwassi Estate by Born. Reg. 1
of 1949; and to former princely area w.e.f. 1-4-1951; now applicable to whole of Maharashtra;
Gujarat (Saurashtra area) by Saurashtra Ordinance 25 of 1949, and to Kutch area w.e.f.1-1-1950.
Madhya Pradesh:
Mysore, w.e.f. 1-4-1951;
Rajasthan, w.e.f. 1-7-1952;
the former State of Travancore-Cochin, w.e.f. 1-5-1952, now applicable to whole of Kerala.
The provisions o( sections 54, 107 and 123 were extended to—
Delhi, w.e.f. 30-5-1939. Section 129 was extended to certain areas of Delhi w.e.f. 16-11-1940 and to
the remaining areas w.e.f. 1-12-1962. the remaining provisions were also extended to the Union
territory of Delhi w.e.f. 1-12-1962;
Himachal Pradesh, w.e.f. 7-12-1970:
Punjab, w.e.f. 1-4-1955 and to former princely area w.e.f. 15-5-1957. (Section 59 was enforced in
Haryana area, w.e.f. 5-8-1967).
The Act has been declared in force in the Pargana of Manpur by the Manpur Law Regulation, 1926 (Reg. 2 of
1926), in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (Reg. 1 of 1929), and in the State of
Sikkim on 1.9.1984 _vide_ Notification No. S.O. 643(E), dated 24-8-1984, Gazette of India, Extraordinary,
Pt. II, sec. 3(0.
The Act has been repealed as to Government Grants by the Government Grants Act, 1895 (15 of 1895).
The Act has been repealed or modified to the extent necessary to give effect to the provisions of Madras Act 3
of 1922, in the City of Madras _see s. 13 of Madras Act 3 of 1922._
6. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “said States”.
7. Subs. by Act 3 of 1885, s. 1, for the original paragraph.
8. The words “with the previous sanction of the Governor General in Council” omitted by Act 38 of 1920, s. 2 and the
Schedule.
7
-----
1[Notwithstanding anything in the foregoing part of this section, sections 54, paragraphs 2
and 3, 59, 107 and 123 shall not extend or be extended to any district or tract of country for the
time being excluded from the operation of the Indian Registration Act, [2][1908 (16 of 1908)],
under the power conferred by the first section of that Act or otherwise.]
**2. Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc.—**
In the territories to which this Act extends for the time being the enactments specified in
the Schedule hereto annexed shall be repealed to the extent therein mentioned. But nothing
herein contained shall be deemed to affect—
(a) the provisions of any enactment not hereby expressly repealed:
(b) any terms or incidents of any contract or constitution of property which are consistent
with the provisions of this Act, and are allowed by the law for the time being in force:
(c) any right or liability arising out of a legal relation constituted before this Act comes into force,
or any relief in respect of any such right or liability: or
(d) save as provided by section 57 and Chapter IV of this Act, any transfer by operation
of law or by, or in execution of, a decree or order of a Court of competent jurisdiction:
and nothing in the second chapter of this Act shall be deemed to affect any rule of [3]*** Muhammadan
4*** law.
**3. Interpretation-clause.—In this Act, unless there is something repugnant in the subject or**
context,—
“immoveable property” does not include standing timber, growing crops or grass:
“instrument”, means a non-testamentary instrument:
5[“attested”, in relation to an instrument, means and shall be deemed always to have
meant attested by two or more witnesses each of whom has seen the executant sign or affix
his mark to the instrument, or has seen some other person sign the instrument in the
presence and by the direction of the executant, or has received from the executant a personal
acknowledgement of his signature or mark, or of the signature of such other person, and
each of whom has signed the instrument in the presence of the executant; but it shall not be
necessary that more than one of such witnesses shall have been present at the same time, and
no particular form of attestation shall be necessary:]
“registered” means registered in [6][[7][any part of the territories] to which this Act extends]
under the law[8] for the time being in force regulating the registration of documents:
“attached to the earth” means—
(a) rooted in the earth, as in the case of trees and shrubs;
(b) imbedded in the earth, as in the case of walls or buildings; or
(c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it
is attached:
9[“actionable claim” means a claim to any debt, other than a debt secured by mortgage
of
1. Added by Act 3 of 1885, s. 2 (w.e.f. 1-7-1882).
2. Subs. by Act 20 of 1929, s. 2, for “1877”.
3. The word “Hindu” omitted by s. 3, ibid.
4. The words “or Buddhist” omitted by s. 3, ibid.
5. Ins. by Act 27 of 1926, s. 2, as amended by Act 10 of 1927, s. 2 and Sch. I.
6. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “a Part A State or a Part C State” (w.e.f. 1 -4-1951).
7. Subs. by the Adaptation of Laws (No. 2) Order 1956, for “any State”.
8. See the Indian Registration Act, 1908 (16 of 1908).
9. Ins. by Act 2 of 1900, s. 2.
8
-----
immoveable property or by hypothecation or pledge of moveable property, or to any beneficial
interest in moveable property not in the possession, either actual or constructive, of the claimant,
which the Civil Courts recognise as affording grounds for relief, whether such debt or beneficial
interest be existent, accuring, conditional or contingent:]
1[“a person is said to have notice”] of a fact when he actually knows that fact, or when, but for wilful
abstention from an enquiry or search which he ought to have made, or gross negligence, he would have
known it.
_Explanation I.—Where any transaction relating to immovable property is required by law to be_
and has been effected by a registered instrument, any person acquiring such property or any part of,
or share or interest in, such property shall be deemed to have notice of such instrument as from the
date of registration or, [2][where the property is not all situated in one sub-district, or where the
registered instrument has been registered under sub-section (2) of section 30 of the Indian
Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such
registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the
property which is being acquired, or of the property wherein a share or interest is being acquired, is
situated]:
Provided that—
(1) the instrument has been registered and its registration completed in the manner
prescribed by the Indian Registration Act, 1908 (16 of 1908) and the rules made thereunder,
(2) the instrument [3][or memorandum] has been duly entered or filed, as the case may be, in
books kept under section 51 of that Act, and
(3) the particulars regarding the transaction to which the instrument relates have been correctly
entered in the indexes kept under section 55 of that Act.
_Explanation_ II.—Any person acquiring any immoveable property or any share or interest in
any such property shall be deemed to have notice of the title, if any, of any person who is for the
time being in actual possession thereof.
_Explanation_ III.—A person shall be deemed to have had notice of any fact if his agent acquires
notice thereof whilst acting on his behalf in the course of business to which that fact is material:
Provided that, if the agent fraudulently conceals the fact, the principal shall not be charged
with notice thereof as against any person who was a party to or otherwise cognizant of the fraud.]
**4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the**
**Registration Act.—The chapters and sections of this Act which relate to contracts shall be taken as part**
of the Indian Contract Act, 1872 (9 of 1872).
4[And sections 54, paragraphs 2 and 3, 59, 107 and 123 shall be read as supplemental to the Indian
Registration Act, [5][1908 (16 of 1908)].]
1. Subs. by Act 20 of 1929, s. 4, for certain words.
2. Subs. by Act 5 of 1930, s. 2, for certain words.
3. Ins. by s. 2, ibid.
4. Added by Act 3 of 1885, s. 3.
5. Subs. by Act 20 of 1929, s. 5, for “1877”.
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CHAPTER II[1]
OF TRANSFERS OF PROPERTY BY ACT OF PARTIES
( _A_ ) _Transfer of Property, whether moveable or immoveable_
**5. “Transfer of property” defined.—In the following sections “transfer of property” means an act**
by which a living person conveys property, in present or in future, to one or more other living persons, or
to himself, [2][or to himself] and one or more other living persons; and “to transfer property” is to perform
such act.
3[In this section “living person” includes a company or association or body of individuals,
whether incorporated or not, but nothing herein contained shall affect any law for the time being in
force relating to transfer of property to or by companies, associations or bodies of individuals.]
**6. What may be transferred.—Property of any kind may be transferred, except as otherwise**
provided by this Act or by any other law for the time being in force.
(a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a
legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred.
(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred
to any one except the owner of the property affected thereby.
(c) An easement cannot be transferred apart from the dominant heritage.
(d) An interest in property restricted in its enjoyment to the owner personally cannot be
transferred by him.
4[(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot
be transferred.]
(e) A mere right to sue [5]***cannot be transferred.
(f) A public office cannot be transferred, nor can the salary of a public officer, whether before or
after it has become payable.
(g) Stipends allowed to military [6][,naval], [7][air-force] and civil pensioners of [8][Government] and
political pensions cannot be transferred.
(h) No transfer can be made (1) in so far as it is opposed to the nature of the interest
affected thereby, or (2) [9][for an unlawful object or consideration within the meaning of
section 23 of the Indian Contract Act, 1872 (9 of 1872), or (3) to a person legally
disqualified to be transferee].
10[(i) Nothing in this section shall be deemed to authorise a tenant having an untransferable
right of occupancy, the farmer of an estate in respect of which default has been made in paying
revenue, or the lessee of an estate under the management of a Court of Wards, to assign his interest
as such tenant, farmer or lessee.]
**7. Persons competent to transfer.—Every person competent to contract and entitled to transferable**
property, or authorised to dispose of transferable property not his own, is competent to transfer such
property either wholly or in part and either absolutely or conditionally, in the circumstances, to the extent
and in the manner, allowed and prescribed by any law for the time being in force.
1. Nothing in Chapter II is to be deemed to affect any rule of Muhammadan Law—see s. 2, supra
2. Ins. by Act 20 of 1929, s. 6.
3. Added by s. 6, ibid.
4. Ins. by s. 7, ibid.
5. The words “for compensation for a fraud or for harm illegally caused” omitted by Act 2 of 1900, s. 3.
6. Ins. by Act 35 of 1934, s. 2 and the Schedule.
7. Ins. by Act 10 of 1927, s. 2 and the First Schedule.
8. The word “Government” successively adapted by the A.O. 1937 and A.O. 1950 to read as above.
9. Subs. by Act 2 of 1900, s. 3, for “for an illegal purpose”.
10. Added by Act 3 of 1885, s. 4.
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**8. Operation of transfer.—Unless a different intention is expressed or necessarily**
implied, a transfer of property passes forthwith to the transferee all the interest which the
transferor is then capable of passing in the property, and in the legal incidents thereof.
Such incidents include, where the property is land, the easements annexed thereto, the rents and
profits thereof accruing after the transfer, and all things attached to the earth;
and, where the property is machinery attached to the earth, the moveable parts
thereof;
and, where the property is a house, the easements annexed thereto, the rent thereof
accruing after the transfer, and the locks, keys, bars, doors, windows and all other things
provided for permanent use therewith;
and, where the property is a debt or other actionable claim, the securities therefor
(except where they are also for other debts or claims not transferred to the transferee), but
not arrears of interest accrued before the transfer;
and, where the property is money or other property yielding income, the interest or income thereof
accruing after the transfer takes effect.
**9. Oral transfer.—A transfer of property may be made without writing in every case**
in which a writing is not expressly required by law.
**10. Condition restraining alienation.—Where property is transferred subject to a**
condition or limitation absolutely restraining the transferee or any person claiming under him
from parting with or disposing of his interest in the property, the condition or limitation is
void, except in the case of a lease where the condition is for the benefit of the lessor or those
claiming under him: provided that property may be transferred to or for the benefit of a
woman (not being a Hindu, Muhammadan or Buddhist), so that she shall not have power
during her marriage to transfer or charge the same or her beneficial interest therein.
**11. Restriction repugnant to interest created.—Where, on a transfer of property, an**
interest therein is created absolutely in favour of any person, but the terms of the transfer
direct that such interest shall be applied or enjoyed by him in a particular manner, he shall be
entitled to receive and dispose of such interest as if there were no such direction.
1[Where any such direction has been made in respect of one piece of immoveable property
for the purpose of securing the beneficial enjoyment of another piece of such property,
nothing in this section shall be deemed to affect any right which the transferor may have to
enforce such direction or any remedy which he may have in respect of a breach thereof.]
**12. Condition making interest determinable on insolvency or attempted alienation.—**
Where property is transferred subject to a condition or limitation making any interest therein,
reserved or given to or for the benefit of any person, to cease on his becoming insolvent or
endeavouring to transfer or dispose of the same, such condition or limitation is void.
Nothing in this section applies to a condition in a lease for the benefit of the lessor or those claiming
under him.
**13. Transfer for benefit of unborn person.—Where, on a transfer of property, an**
interest therein is created for the benefit of a person not in existence at the date of the
transfer, subject to a prior interest created by the same transfer, the interest created for the
benefit of such person shall not take effect, unless it extends to the whole of the remaining
interest of the transferor in the property.
1. Subs. by Act 20 of 1929, s. 8, for the second paragraph.
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_Illustration_
A transfers property of which he is the owner to B in trust for A and his intended wife succesively for their lives, and, after
the death of the survivor for the eldest son of the intended marriage for life, and after his death for A's second son. The interest so
created for the benefit of the eldest son does not take effect, because it does not extend to the whole of A's remaining interest in
the property.
**14. Rule against perpetuity.—No transfer of property can operate to create an interest which is to**
take effect after the lifetime of one or more persons living at the date of such transfer, and the
minority of some person who shall be in existence at the expiration of that period, and to whom, if he
attains full age, the interest created is to belong.
**15. Transfer to class some of whom come under sections 13 and 14.—If, on a transfer of property,**
an interest therein is created for the benefit of a class of persons with regard to some of whom such
interest fails by reason of any of the rules contained in sections 13 and 14; such interest fails [1][in regard
to those persons only and not in regard to the whole class].
2[16. Transfer to take effect on failure of prior interest.—Where, by reason of any of the
rules contained in sections 13 and 14, an interest created for the benefit of a person or of a class
of persons fails in regard to such person or the whole of such class, any interest created in the
same transaction and intended to take effect after or upon failure of such prior interest also fails.
**17. Direction for accumulation.—(1) Where the terms of a transfer of property direct that the**
income arising from the property shall be accumulated either wholly or in part during a period longer
than—
(a) the life of the transferor, or
(b) a period of eighteen years from the date of the transfer,
such direction shall, save as hereinafter provided, be void to the extent to which the period during
which the accumulation is directed exceeds the longer of the aforesaid periods, and at the end of
such last-mentioned period the property and the income thereof shall be disposed of as if the
period during which the accumulation has been directed to be made had elapsed.
(2) This section shall not affect any direction for accumulation for the purpose of—
(i) the payment of the debts of the transferor or any other person taking any interest under the
transfer, or
(ii) the provision of portions for children or remoter issue of the transferor or of any other person
taking any interest under the transfer, or
(iii) the preservation or maintenance of the property transferred;
and such direction may be made accordingly.
**18. Transfer in perpetuity for benefit of public.—The restrictions in sections 14, 16 and**
17 shall not apply in the case of a transfer of property for the benefit of the public in the
advancement of religion, knowledge, commerce, health, safety, or any other object beneficial to
mankind.]
**19. Vested interest.—Where, on a transfer of property, an interest therein is created in favour**
of a person without specifying the time when it is to take effect, or in terms specifying that it is to
take effect forthwith or on the happening of an event which must happen, such interest is vested,
unless a contrary intention appears from the terms of the transfer.
A vested interest is not defeated by the death of the transferee before he obtains possession.
_Explanation.—An intention that an interest shall not be vested is not to be inferred merely-from_
a provision whereby the enjoyment thereof is postponed, or whereby a prior interest in the same
property is given or reserved to some other person, or whereby income arising from the property is
1. Subs. by Act 20 of 1929, s. 9, for “as regards the whole class”.
2. Subs. by s. 10, ibid., for s. 16, 17 and 18.
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directed to be accumulated until the time of enjoyment arrives, or from a provision that if a
particular event shall happen the interest shall pass to another person.
**20. When unborn person acquires vested interest on transfer for his benefit** .—Where, on
a transfer of property, an interest therein is created for the benefit of a person not then living, he
acquires upon his birth, unless a contrary intention appear from the terms of the transfer, a vested
interest, although he may not be entitled to the enjoyment thereof immediately on his birth.
**21. Contingent interest.—Where,** on a transfer of property, an interest therein is created in
favour of a person to take effect only on the happening of a specified uncertain event, or if a
specified uncertain event shall not happen, such person thereby acquires a contingent interest in
the property. Such interest becomes a vested interest, in the former case, on the happening of the
event, in the latter, when the happening of the event becomes impossible.
_Exception.—Where, under a transfer of property, a person becomes entitled to an interest_
therein upon attaining a particular age, and the transferor also gives to him absolutely the income
to arise from such interest before he reaches that age, or directs the income or so much thereof as
may be necessary to be applied for his benefit, such interest is not contingent.
**22. Transfer to members of a class who attain a particular age.—Where, on a transfer of**
property, an interest therein is created in favour of such members only of a class as shall attain a
particular age, such interest does not vest in any member of the class who has not attained that age.
**23. Transfer contingent on happening of specified uncertain event.—Where, on a transfer of**
property, an interest therein is to accrue to a specified person if a specified uncertain event shall
happen, and no time is mentioned for the occurrence of that event, the interest fails unless such
event happens before, or at the same time as, the intermediate or precedent interest ceases to exist.
**24. Transfer to such of certain persons as survive at some period not specified.—Where, on**
a transfer of property, an interest therein is to accrue to such of certain persons as shall be surviving
at some period, but the exact period is not specified, the interest shall go to such of them as shall be
alive when the intermediate or precedent interest ceases to exist, unless a contrary intention appears
from the terms of the transfer.
_Illustration_
A transfers property to B for life, and after his death to C and D, equally to be divided between them, or to the
survivor of them. C dies during the life of B. D survives B. At B's death the property passes to D.
**25. Conditional transfer.—An interest created on a transfer of property and dependent upon a**
condition fails if the fulfilment of the condition is impossible, or is forbidden by law, or is of such a
nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or
implies injury to the person or property of another, or the Court regards it as immoral or opposed to
public policy.
_Illustrations_
(a) A lets a farm to B on condition that he shall walk a hundred miles in an hour. The lease is void.
(b) A gives Rs. 500 to B on condition that he shall marry A's daughter C. At the date of the transfer C was dead. The
transfer is void.
(c) A transfers Rs. 500 to B or condition that she shall murder C. The transfer is void.
(d) A transfers Rs. 500 to his niece C if she will desert her husband. The transfer is void.
**26. Fulfilment of condition precedent.—Where the terms of a transfer of property impose a**
condition to be fulfilled before a person can take an interest in the property, the condition shall be deemed
to have been fulfilled if it has been substantially complied with.
_Illustrations_
(a) A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D, and E. E dies. B marries with
the consent of C and D. B is deemed to have fulfilled the condition.
(b) A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D and E. B marries without the
consent of C, D and E, but obtains their consent after the marriage. B has not fulfilled the condition.
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## 27. Conditional transfer to one person coupled with transfer to another on failure of prior
**disposition.—Where, on a transfer of property, an interest therein is created in favour of one person, and**
by the same transaction an ulterior disposition of the same interest is made in favour of another, if the
prior disposition under the transfer shall fail, the ulterior disposition shall take effect upon the failure of
the prior disposition, although the failure may not have occurred in the manner contemplated by the
transferor.
But, where the intention of the parties to the transaction is that the ulterior disposition shall take effect
only in the event of the prior disposition failing in a particular manner, the ulterior disposition shall not
take effect unless the prior disposition fails in that manner.
_Illustrations_
(a) A transfers Rs. 500 to B on condition that he shall execute a certain lease within three months after A’s death, and,
if he should neglect to do so, to C. B dies in A's life-time. The disposition in favour of C takes effect.
(b) A transfers property to his wife; but, in case she should die in his life-time, transfers to B that which he had
transferred to her. A and his wife perish together, under circumstances which make it impossible to prove that she died
before him. The disposition in favour of B does not take effect.
**28. Ulterior transfer conditional on happening or not happening of specified event.—On a**
transfer of property an interest therein may be created to accrue to any person with the condition
superadded that in case a specified uncertain event shall happen such interest shall pass to another person,
or that in case a specified uncertain event shall not happen such interest shall pass to another person. In
each case the dispositions are subject to the rules contained in sections 10, 12, 21, 22, 23, 24, 25 and 27.
**29. Fulfilment of condition subsequent.—An ulterior disposition of the kind contemplated by the**
last preceding section cannot take effect unless the condition is strictly fulfilled.
_Illustration_
A transfers Rs. 500 to B, to be paid to him on his attaining his majority or marrying, with a proviso that, if B dies a
minor or marries without C's consent, the Rs. 500 shall go to D. B marries when only 17 years of age, without C's consent.
The transfer to D takes effect.
**30. Prior disposition not affected by invalidity of ulterior disposition.—If the ulterior disposition**
is not valid, the prior disposition is not affected by it.
_Illustration_
A transfers a farm to B for her life, and, if she do not desert her husband to C. B is entitled to the farm during her life as
if no condition had been inserted.
**31. Condition that transfer shall cease to have effect in case specified uncertain event happens**
**or does not happen.—Subject to the provisions of section 12, on a transfer of property an interest therein**
may be created with the condition superadded that it shall cease to exist in case a specified uncertain
event shall happen, or in case a specified uncertain event shall not happen.
_Illustrations_
(a) A transfers a farm to B for his life, with a proviso that, in case B cuts down a certain wood, the transfer shall cease
to have any effect. B cuts down the wood. He loses his life-interest in the farm.
(b) A transfers a farm to B, provided that, if B shall not go to England within three years after the date of the transfer,
his interest in the farm shall cease. B does not go to England within the term prescribed. His interest in the farm ceases.
**32. Such condition must not be invalid.—In order that a condition that an interest shall cease to**
exist may be valid, it is necessary that the event to which it relates be one which could legally constitute
the condition of the creation of an interest.
**33.** **Transfer** **conditional** **on** **performance** **of** **act,** **no** **time** **being** **specified** **for**
**performance.—Where, on a transfer of property, an interest therein is created subject to a condition that**
the person taking it shall perform a certain act, but no time is specified for the performance of the act, the
condition is broken when he renders impossible, permanently or for an indefinite period, the performance
of the act.
**34. Transfer conditional on performance of act, time being specified.—Where an act is to be**
performed by a person either as a condition to be fulfilled before an interest created on a transfer of
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property is enjoyed by him, or as a condition on the non-fulfillment of which the interest is to pass from
him to another person, and a time is specified for the performance of the act, if such performance within
the specified time is prevented by the fraud of a person who would be directly benefited by non-fulfilment
of the condition, such further time shall as against him be allowed for performing the act as shall be
requisite to make up for the delay caused by such fraud. But if no time is specified for the performance of
the act, then, if its performance is by the fraud of a person interested in the non-fulfilment of the condition
rendered impossible or indefinitely postponed, the condition shall as against him be deemed to have been
fulfilled.
Election
**35. Election when necessary.—Where a person professes to transfer property which he has no right**
to transfer, and as part of the same transaction confers any benefit on the owner of the property, such
owner must elect either to confirm such transfer or to dissent from it; and in the latter case he shall
relinquish the benefit so conferred, and the benefit so relinquished shall revert to the transferor or his
representative as if it had not been disposed of,
subject nevertheless,
where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become
incapable of making a fresh transfer,
and in all cases where the transfer is for consideration,
to the charge of making good to the disappointed transferee the amount or value of the property
attempted to be transferred to him.
_Illustrations_
The farm of Sultanpur is the property of C and worth Rs. 800. A by an instrument of gift professes to transfer it to B, giving
by the same instrument Rs. 1,000 to C. C elects to retain the farm. He forfeits the gift of Rs. 1,000.
In the same case, A dies before the election. His representative must out of the Rs. 1,000 pay Rs. 800 to B.
The rule in the first paragraph of this section applies whether the transferor does or does not believe
that which he professes to transfer to be his own.
A person taking no benefit directly under a transaction, but deriving a benefit under it indirectly, need
not elect.
A person who in his one capacity takes a benefit under the transaction may in another dissent
therefrom.
_Exception to the last preceding four rules.—Where a particular benefit is expressed to be conferred_
on the owner of the property which the transferor professes to transfer, and such benefit is expressed to be
in lieu of that property, if such owner claim the property, he must relinquish the particular benefit, but he
is not bound to relinquish any other benefit conferred upon him by the same transaction.
Acceptance of the benefit by the person on whom it is conferred constitutes an election by him to
confirm the transfer, if he is aware of his duty to elect and of those circumstances which would influence
the judgment of a reasonable man in making an election, or if he waives enquiry into the circumstances.
Such knowledge or waiver shall, in the absence of evidence to the contrary, be presumed, if the
person on whom the benefit has been conferred has enjoyed it for two years without doing any act to
express dissent.
Such knowledge of waiver may be inferred from any act of his which renders it impossible to place
the persons interested in the property professed to be transferred in the same condition as if such act had
not been done.
_Illustration_
A transfers to B an estate to which C is entitled, and as part of the same transaction gives C a coal-mine. C takes possession
of the mine and exhausts it. He has thereby confirmed the transfer of the estate to B.
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If he does not within one year after the date of the transfer signify to the transferor or his
representatives his intention to confirm or to dissent from the transfer, the transferor or his representative
may, upon the expiration of that period, require him to make his election; and, if he does not comply with
such requisition within a reasonable time after he has received it, he shall be deemed to have elected to
confirm the transfer.
In case of disability, the election shall be postponed until the disability ceases, or until the election is
made by some competent authority.
Appointment
**36. Apportionment of periodical payments determination of interest of person entitled.—In the**
absence of a contract or local usage to the contrary, all rents annuities, pensions, dividends and other
periodical payments in the nature of income shall, upon the transfer of the interest of the person entitled to
receive such payments, be deemed, as between the transferor and the transferee, to accrue due from day to
day, and to be apportionable accordingly, but to be payable on the days appointed for the payment
thereof.
**37. Apportionment of benefit of obligation on severance.—When, in consequence of a transfer,**
property is divided and held in several shares, and thereupon the benefit of any obligation relating to the
property as a whole passes from one to several owners of the property, the corresponding duty shall, in
the absence of a contract to the contrary amongst the owners, be performed in favour of each of such
owners in proportion to the value of his share in the property, provided that the duty can be severed and
that the severance does not substantially increase the burden of the obligation; but if the duty cannot be
severed, or if the severance would substantially increase the burden of the obligation the duty shall be
performed for the benefit of such one of the several owners as they shall jointly designate for that
purpose:
Provided that no person on whom the burden of the obligation lies shall be answerable for failure to
discharge it in manner provided by this section, unless and until he has had reasonable notice of the
severance.
Nothing in this section applies to leases for agricultural purposes unless and until the State
Government by notification in the Official Gazette so directs.
_Illustrations_
(a) A sells to B, C and D a house situated in a village and leased to E at an annual rent of Rs. 30 and delivery of one fat
sheep, B having provided half the purchase-money and C and D one quarter each. E, having notice of this, must pay Rs. 15 to B,
Rs. 7½ to C, and Rs. 7½ to D, and must deliver the sheep according to the Joint direction of B, C and D.
(b) In the same case, each house in the village being bound to provide ten days' labour each year on a dyke to prevent
inundation, E had agreed as a term of his lease to perform this work for A. B, C and D severally require E to perform the ten
days' work due on account of the house of each. E is not bound to do more than ten days' work in all, according to such directions
as B, C and D may join in giving.
(B) Transfer of Immovable property
**38. Transfer by person authorised only under certain circumstances to transfer.—Where any**
person, authorised only under circumstances in their nature variable to dispose of immoveable property,
transfers such property for consideration, alleging the existence of such circumstances, they shall, as
between the transferee on the one part and the transferor and other persons (if any) affected by the transfer
on the other part, be deemed to have existed, if the transferee, after using reasonable care to ascertain the
existence of such circumstances, has acted in good faith.
_Illustration_
A, a Hindu widow, whose husband has left collateral heirs, alleging that the property held by her as such is insufficient for
her maintenance, agrees, for purposes neither religious nor charitable, to sell a field, part of such property, to B. B satisfies
himself by reasonable enquiry that the income of the property is insufficient for A's maintenance, and that the sale of the field is
necessary, and acting in good faith, buys the field from A. As between B on the one part and A and the collateral heirs on the
other part, a necessity for the sale shall be deemed to have existed.
**39. Transfer where third person is entitled to maintenance.—Where a third person has a right to receive**
maintenance, or a provision for advancement or marriage, from the profits of immoveable property, and such
property is transferred [1]*** the right may be enforced against the transferee, if he has notice [2][thereof] or if the
1. The words “with the intention of defeating such right” omitted by Act 20 of 1929, s. 11.
2. Subs. by s. 11, ibid., for “of such intention”.
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transfer is gratuitous; but not against a transferee for consideration and without notice of the right, nor against such
property in his hands.
1* - - -
**40. Burden of obligation imposing restriction on use of land.—Where, for the more beneficial**
enjoyment of his own immoveable property, a third person has, independently of any interest in the
immoveable property of another or of any easement thereon, a right to restrain the enjoyment [2] [in a
particular manner of the latter property], or
**or of obligation annexed to ownership but not amounting to interest or easement.—where a third**
person is entitled to the benefit of an obligation arising out of contract and annexed to the ownership of
immoveable property, but not amounting to an interest therein or easement thereon,
such right or obligation may be enforced against a transferee with notice thereof or a gratuitous
transferee of the property affected thereby, but not against a transferee for consideration and without
notice of the right or obligation, nor against such property in his hands.
_Illustration_
A contracts to sell Sultanpur to B. While the contract is still in force he sells Sultanpur to C, who has notice of the contract.
B may enforce the contract against C to the same extent as against A.
**41. Transfer by ostensible owner.—Where, with the consent, express or implied, of the persons**
interested in immoveable property, a person is the ostensible owner of such property and transfers the
same for consideration, the transfer shall not be violable on the ground that the transferor was not
authorised to make it:
Provided that the transferee, after taking reasonable care to ascertain that the transferor had power to
make the transfer, has acted in good faith.
**42. Transfer by person having authority to revoke former transfer.—Where a person transfers**
any immoveable property, reserving power to revoke the transfer, and subsequently transfers the property
for consideration to another transferee, such transfer operates in favour of such transferee (subject to any
condition attached to the exercise of the power) as a revocation of the former transfer to the extent of the
power.
_Illustration_
A lets a house to B, and reserves power to revoke the lease if, in the opinion of a specified surveyor, B should make a use of
it detrimental to its value. Afterwards A, thinking that such a use has been made, lets the house to C. This operates as a
revocation of B's lease subject to the opinion of the surveyor as to B's use of the house having been detrimental to its value.
**43. Transfer by unauthorised person who subsequently acquires interest in property**
**transferred.—Where a person [3][fraudulently or] erroneously represents that he is authorised to transfer**
certain immovable property and professes to transfer such property for consideration, such transfer shall,
at the option of the transferee, operate on any interest which the transferor may acquire in such property at
any time during which the contract of transfer subsists.
Nothing in this section shall impair the right of transferees in good faith for consideration without
notice of the existence of the said option.
_Illustration_
A, a Hindu who has separated from his father B, sells to C three fields, X, Y and Z, representing that A is authorised to
transfer the same. Of these fields Z does not belong to A, it having been retained by B on the partition; but on B's dying A as heir
obtains Z.C, not having rescinded the contract of sale, may require A to deliver Z to him .
**44. Transfer by one co-owner.—Where one of two or more co-owners of immoveable property**
legally competent in that behalf transfers his share of such property or any interest therein, the transferee
acquires as to such share or interest, and so far as is necessary to give effect to the transfer, the transferor's
1. The Illustrations omitted by Act 20 of 1929, s. 11.
2. Subs. by s. 12, ibid., for “of the latter property or to compel its enjoyment in a particular manner”.
3. Ins. by s. 13, ibid.
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right to joint possession or other common or part enjoyment of the property, and to enforce a partition of
the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or
interest so transferred.
Where the transferee of a share of a dwelling-house belonging to an undivided family is not a
member of the family, nothing in this section shall be deemed to entitle him to joint possession or other
common or part enjoyment of the house.
**45. Joint transfer for consideration.—Where immoveable property is transferred for consideration**
to two or more persons and such consideration is paid out of a fund belonging to them in common, they
are, in the absence of a contract to the contrary, respectively entitled to interests in such property
identical, as nearly as may be, with the interests to which they were respectively entitled in the fund; and,
where such consideration is paid out of separate funds belonging to them respectively, they are, in the
absence of a contract to the contrary, respectively entitled to interests in such property in proportion to the
shares of the consideration which they respectively advanced.
In the absence of evidence as to the interests in the fund to which they were respectively entitled, or
as to the shares which they respectively advanced, such persons shall be presumed to be equally interested
in the property.
**46. Transfer for consideration by persons having distinct interests.—Where immoveable property**
is transferred for consideration by persons having distinct interests therein, the transferors are, in the
absence of a contract to the contrary, entitled to share in the consideration equally, where their interests in
the property were of equal value, and, where such interests were of unequal value, proportionately to the
value of their respective interests.
_Illustration_
(a) A, owing a moiety, and B and C, each a quarter share, of mauza Sultanpur, exchange an eighth share of that mauza for a
quarter share of mauza Lalpura. There being no agreement to the contrary, A is entitled to an eighth share in Lalpura, and B and
C each to a sixteenth share in that mauza.
(b) A, being entitled to a life-interest in mauza Atrali and B and C to the reversion, sell the mauza for Rs. 1,000. A's
life-interest is ascertained to be worth Rs. 600, the reversion Rs. 400. A is entitled to receive Rs. 600 out of the purchase-money.
B and C to receive Rs. 4000.
**47. Transfer by co-owners of share in common property.—Where several co-owners of**
immoveable property transfer a share therein without specifying that the transfer is to take effect on
any particular share or shares of the transferors, the transfer, as among such transferors, takes effect
on such shares equally where the shares were equal, and, where they were unequal, proprotionately to
the extent of such shares.
_Illustration_
A, the owner of an eight-anna share, and B and C, each the owner of a four-anna share, in mauza Sultanpur, transfer a
two-anna share in the mauza to D, without specifying from which of their several shares the transfer is made. To give
effect to the transfer one-anna share is taken from the share of A, and half-an-anna share from each of the shares of
B and C.
**48. Priority of rights created by transfer.—Where a person purports to create by transfer at**
different times rights in or over the same immoveable property, and such rights cannot all exist or be
exercised to their full extent together, each later created right shall, in the absence of a special contract or
reservation binding the earlier transferees, be subject to the rights previously created.
**49. Transferee’s right under policy.—Where immoveable property is transferred for consideration,**
and such property or any part thereof is at the date of the transfer insured against loss or damage by fire,
the transferee, in case of such loss or damage, may, in the absence of a contract to the contrary, require
any money which the transferor actually receives under the policy, or so much thereof as may be
necessary, to be applied in reinstating the property.
**50. Rent** **_bona fide_** **paid to holder under defective title.—No person shall be chargeable with**
any rents or profits of any immoveable property, which he has in good faith paid or delivered to any
person of whom he in good faith held such property, notwithstanding it may afterwards appear that the
person to whom such payment or delivery was made had no right to receive such rents or profits.
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_Illustration_
A lets a field to B at a rent of Rs. 50, and then transfers the field to C. B, having no notice of the transfer, in good faith pays
the rent to A. B is not chargeable with the rent so paid.
**51. Improvements made by** **_bona fide holders under defective titles.—When the transferee of_**
immoveable property makes any improvement on the property, believing in good faith that he is
absolutely entitled thereto, and he is subsequently evicted there from by any person having a better
title, the transferee has a right to require the person causing the eviction either to have the value of the
improvement estimated and paid or secured to the transferee, or to sell his interest in the property to the
transferee at the then market value thereof, irrespective of the value of such improvement.
The amount to be paid or secured in respect of such improvement shall be the estimated
value thereof at the time of the eviction.
When, under the circumstances aforesaid, the transferee has planted or sown on the property
crops which are growing when he is evicted therefrom, he is entitled to such crops and to free
ingress and egress to gather and carry them.
**52. Transfer of property pending suit relating thereto.—During the** [1][pendency] in any
Court having authority [2][[3][within the limits of India excluding the State of Jammu and Kashmir]
or established beyond such limits] by [4] [the Central Government [5] ***], of [6] [any] suit or
proceeding [7][which is not collusive and] in [.] which any right to immoveable property is directly
and specifically in question, the property cannot be transferred or otherwise dealt with by any
party to the suit or proceeding so as to affect the rights of any other party thereto under any
decree or order which may be made therein, except under the authority of the Court and on such
terms as it may impose.
7[Explanation.—For the purposes of this section, the pendency of a suit or proceeding shall be
deemed to commence from the date of the presentation of the plaint or the institution of the
proceeding in a Court of competent jurisdiction, and to continue until the suit or proceeding has
been disposed of by a final decree or order and complete satisfaction or discharge of such decree
or order, has been obtained, or has become unobtainable by reason of the expiration of any period
of limitation prescribed for the execution thereof by any law for the time being in force.]
8[53. Fraudulent transfer.—(1) Every transfer of immoveable property made with intent to
defeat or delay the creditors of the transferor shall be voidable at the option of any creditor so
defeated or delayed.
Nothing in this sub-section shall impair the rights of a transferee in good faith and for
consideration.
Nothing in this sub-section shall affect any law for the time being in force relating to
insolvency.
A suit instituted by a creditor (which term includes a decree-holder whether he has or has
not applied for execution of his decree) to avoid a transfer on the ground that it has been made
with intent to defeat or delay the creditors of the transferor, shall be instituted on behalf of, or
for the benefit of, all the creditors.
(2) Every transfer of immoveable property made without consideration with intent to defraud a
subsequent transferee shall be voidable at the option of such transferee.
1. Subs. by Act 20 of 1929, s.14, for “active prosecution”.
2. Subs. by A.O. 1950, for “in the Provinces or established beyond the limits of the Provinces”.
3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “within the limits of Part A States and Part C States”
(w.e.f. 1-4-1951).
4. Subs. by A.O. 1937, for “the Governor General in Council”.
5. The words “or the Crown Representative” Rep. by the A.O. 1948.
6. Subs. by Act 20 of 1929, s. 14, for “a contentious”.
7. Ins. by s. 14, ibid
8. Subs. by s. 15, ibid., for s. 53.
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For the purposes of this sub-section, no transfer made without consideration shall be deemed to have
been made with intent to defraud by reason only that a subsequent transfer for consideration was made.]
1
[53A. Part performance.—Where any person contracts to transfer for consideration any
immoveable property by writing signed by him or on his behalf from which the terms necessary to
constitute the transfer can be ascertained with reasonable certainty,
and the transferee has, in part performance of the contract, taken possession of the property or any
part thereof, or the transferee, being already in possession, continues in possession in part performance of
the contract and has done some act in furtherance of the contract,
and the transferee has performed or is willing to perform his part of the contract,
then, notwithstanding that [2]***, or, where there is an instrument of transfer, that the transfer has not
been completed in the manner prescribed therefor by the law for the time being in force, the transferor or
any person claiming under him shall be debarred from enforcing against the transferee and persons
claiming under him any right in respect of the property of which the transferee has taken or continued in
possession, other than a right expressly provided by the terms of the contract:
Provided that nothing in this section shall affect the rights of a transferee for consideration who has
no notice of the contract or of the part performance thereof.]
CHAPTER III
OF SALES OF IMMOVEABLE PROPERTY
**54. “Sale” defined.—“Sale” is a transfer of ownership in exchange for a price paid or promised**
or part-paid and part-promised.
**Sale how made.—Such transfer, in the case of tangible immoveable property of the value of one**
hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a
registered instrument.
In the case of tangible immoveable property of a value less than one hundred rupees, such transfer
may be made either by a registered instrument or by delivery of the property.
Delivery of tangible immoveable property takes place when the seller places the buyer, or such person
as he directs, in possession of the property.
**Contract for sale.—A contract for the sale of immoveable property is a contract that a sale of**
such property shall take place on terms settled between the parties.
It does not, of itself, create any interest in or charge on such property.
**STATE AMENDMENTS**
**Assam.**
**Amendment of section 54 of the Central Act 4 of 1882.—In Section 54 of the principal Act, in**
para 2, for the expression “by a registered instrument” the following expression shall be substituted,
namely: —
“by an instrument registered in the State of Assam, notwithstanding anything contained in the India
Registration Act, 1908 (Act 16 of 1908) to the contrary.”
[Vide Assam Act 10 of 1976, s. 2.]
**55. Rights and liabilities of buyer and seller** .—In the absence of a contract to the contrary,
the buyer and the seller of immoveable property respectively are subject to the liabilities, and have the
rights, mentioned in the rules next following, or such of them as are applicable to the property sold:
(1) The seller is bound—
(a) to disclose to the buyer any material defect in the property [3][or in the seller’s title thereto] of
which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care
discover;
1. Ins. by Act 20 of 1929, s. 16.
2. The words “the contract though required to be registered, has not been registered, or” omitted by Act 48 of 2001, s. 10 (w.e.f.
24-9-2001).
3. Ins. by Act 20 of 1929, s. 17.
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(b) to produce to the buyer on his request for examination all documents of title relating to the
property which are in the seller's possession or power;
(c) to answer to the best of his information all relevant questions put to him by the buyer in
respect to the property or the title thereto;
(d) on payment or tender of the amount due in respect of the price, to execute a proper
conveyance of the property when the buyer tenders it to him for execution at a proper time and place;
(e) between the date of the contract of sale and the delivery of the property, to take as much care
of the property and all documents of title relating thereto which are in his possession as an owner of
ordinary prudence would take of such property and documents;
(f) to give, on being so required, the buyer, or such person as he directs, such possession of the
property as its nature admits;
(g) to pay all public charges and rent accrued due in respect of the property up to the
date of the sale, the interest on all incumbrances on such property due on such date, and,
except where the property is sold subject to incumbrances, to discharge all incumbrances
on the property then existing.
(2) The seller shall be deemed to contract with the buyer that the interest which the seller
professes to transfer to the buyer subsists and that he has power to transfer the same:
Provided that, where the sale is made by a person in a fiduciary character, he shall be
deemed to contract with the buyer that the seller has done no act whereby the property is
incumbered or whereby he is hindered from transferring it.
The benefit of the contract mentioned in this rule shall be annexed to, and shall go
with, the interest of the transferee as such, and may be enforced by every person in whom
that interest is for the whole or any part thereof from time to time vested.
(3) Where the whole of the purchase-money has been paid to the seller, he is also bound to
deliver to the buyer all documents of title relating to the property which are in the seller’s
possession or power:
Provided that, (a) where the seller retains any part of the property comprised in such
documents, he is entitled to retain them all, and, ( _b) where the whole of such property is sold_
to different buyers the buyers [,] of the lot of greatest value is entitled to such documents. But in
case (a) the seller, and in case (b) the buyer, of the lot of greatest value, is bound, upon every
reasonable request by the buyer, or by any of the other buyers, as the case may be, and at the
cost of the person making the request, to produce the said documents and furnish such true
copies thereof or extracts therefrom as he may require; and in the meantime, the seller, or the
buyer of the lot of greatest value, as the case may be, shall keep the said documents safe,
uncancelled and undefaced, unless prevented from so doing by fire or other inevitable accident.
(4) The seller is entitled—
(a) to the rents and profits of the property till the ownership thereof passes to the
buyer;
(b) where the ownership of the property has passed to the buyer before payment of the
whole of the purchase-money, to a charge upon the property in the hands of the buyer,
1[any transferee without consideration or any transferee with notice of the non-payment,]
for the amount of the purchase-money, or any part thereof remaining unpaid, and for
interest on such amount or part [1][from the date on which possession has been delivered].
(5) The buyer is bound—
(a) to disclose to the seller any fact as to the nature or extent of the seller’s interest in the
property of which the buyer is aware, but of which he has reason to believe that the seller is
not aware, and which materially increases the value of such interest;
1. Ins. by Act 20 of 1929, s. 17.
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(b) to pay or tender, at the time and place of completing the sale, the purchase-money to
the seller or such person, as he directs: provided that, where the property is sold free from
incumbrances, the buyer may retain out of the purchase-money the amount of any
incumbrances on the property existing at the date of the sale, and shall pay the amount so retained to
the persons entitled thereto;
(c) where the ownership of the property has passed to the buyer, to bear any loss arising from the
destruction, injury or decrease in value of the property not caused by the seller;
(d) where the ownership of the property has passed to the buyer, as between himself and the
seller, to pay all public charges and rent which may become payable in respect of the property,
the principal moneys due on any incumbrances subject to which the property is sold, and the
interest thereon afterwards accruing due.
(6) The buyer is entitled—
(a) where the ownership of the property has passed to him, to the benefit of any improvement
in, or increase in value of, the property, and to the rents and profits thereof;
(b) unless he has improperly declined to accept delivery of the property, to a charge on the
property, as against the seller and all persons claiming under him [1]*** to the extent of the
seller's interest in the property, for the amount of any purchase-money properly paid by the
buyer in anticipation of the delivery and for interest on such amount; and, when he properly
declines to accept the delivery, also for the earnest (if any) and for the costs (if any) awarded to
him of a suit to compel specific performance of the contract or to obtain a decree for its
rescission.
An omission to make such disclosures as are mentioned in this section, paragraph (1), clause (a), and
paragraph (5), clause (a), is fraudulent.
2
[56. Marshalling by subsequent purchaser.—If the owner of two or more properties
mortgages them to one person and then sells one or more of the properties to another person, the
buyer is, in the absence of a contract to the contrary, entitled to have the mortgage-debt satisfied
out of the property or properties not sold to him, so far as the same will extend, but not so as to
prejudice the rights of the mortgagee or persons claiming under him or any other person who has
for consideration acquired an interest in any of the properties.]
_Discharge of Incumbrances on Sale_
**57. Provision by Court for incumbrances and sale freed therefrom.—(a) Where immoveable**
property subject to any incumbrance, whether immediately payable or not, is sold by the Court or in
execution of a decree, or out of Court, the Court may, if it thinks fit, on the application of any party
to the sale, direct or allow payment into Court,—
(1) in case of an annual or monthly sum charged on the property, or of a capital sum charged on a
determinable interest in the property—of such amount as, when invested in securities of the Central
Government, the Court considers will be sufficient, by means of the interest thereof, to keep down or
otherwise provide for that charge, and
(2) in any other case of a capital sum charged on the property—of the amount sufficient to meet
the incumbrance and an interest due thereon.
But in either case there shall also be paid into Court such additional amount as the Court
considers will be sufficient to meet the contingency of further costs, expenses and interest, and any
other contingency, except depreciation of investments, not exceeding one-tenth part of the original
amount to be paid in, unless the Court for special reasons (which it shall record) thinks fit to
require a larger additional amount.
(b) Thereupon the Court may, if it thinks fit, and after notice to the incumbrancer, unless the
Court, for reasons to be recorded in writing, thinks fit to dispense with such notice, declare the
property to be freed from the incumbrance, and make any order for conveyance, or vesting order,
1. The words “with notice of the payment” omitted by Act 20 of 1929, s. 17.
2. Subs. by s. 18, ibid., for s. 56.
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proper for giving effect to the sale, and give directions for the retention and investment of the
money in Court.
(c) After notice served on the persons interested in or entitled to the money or fund in
Court, the Court may direct payment or transfer thereof to the persons entitled to receive or
give a discharge for the same, and generally may give directions respecting the application or
distribution of the capital or income thereof.
(d) An appeal shall lie from any declaration, order or direction under this section as if the same were
a decree.
(e) In this section “Court” means (1) a High Court in the exercise of its ordinary or
extraordinary original civil jurisdiction, (2) the Court of a District Judge within the local limits
of whose jurisdiction the property or any part thereof is situate, ( _3) any other Court which the_
State Government may, from time to time, by notification in the Official Gazette, declare to be
competent to exercise the jurisdiction conferred by this section.
CHAPTER IV
O F M ORTGAGES OF IMMOVEABLE P ROPERTY AND C HARGES
**58. “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed”**
**defined.—(a) A mortgage is the transfer of an interest in specific immoveable property for the**
purpose of securing the payment of money advanced or to be advanced by way of loan, an
existing or future debt, or the performance of an engagement which may give rise to a pecuniary
liability.
The transferor is called a mortgagor, the transferee a mortgagee; the principal money and
interest of which payment is secured for the time being arc called the mortgage-money, and
the instrument (if any) by which the transfer is effected is called a mortgage-deed.
(b) **Simple mortgage.—Where, without delivering possession of the mortgaged property,**
the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or
impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall
have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied,
so far as may be necessary, in payment of the mortgage-money, the transaction is called a
simple mortgage and the mortgagee a simple mortgagee.
(c) **Mortgage by conditional sale.—Where the mortgagor ostensibly sells the mortgaged**
property—
on condition that on default of payment of the mortgage-money on a certain date the sale shall
become absolute, or
on condition that on such payment being made the sale shall become void, or
on condition that on such payment being made the buyer shall transfer the property to
the seller,
the transaction is called a mortgage by conditional sale and the mortgagee a mortgagee by
conditional sale:
1[Provided that no such transaction shall be deemed to be a mortgage, unless the condition is
embodied in the document which effects or purports to effect the sale.]
(d) **Usufructuary mortgage.—Where the mortgagor delivers possession** [1][or expressly or by
implication binds himself to deliver possession] of the mortgaged property to the mortgagee, and
authorises him to retain such possession until payment of the mortgage-money, and to receive
the rents and profits accruing from the property [2][or any part of such rents and profits and to
appropriate the same] in lieu of interest, or in payment of the mortgage-money, or partly in
lieu of interest [3][or] partly in payment of the mortgage-money, the transaction is called an
usufructuary mortgage and the mortgagee an usufructuary mortgagee.
1. Added by Act 20 o f 192 9, s. 19.
2. Subs. by s. 19, ibid., for “and to appropriate them”.
3. Subs. by s. 19, ibid., for “and”.
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(e) **English mortgage.—Where the mortgagor binds himself to re-pay the mortgage-money on a**
certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso
that he will re-transfer it to the mortgagor upon payment of the mortgage-money as agreed, the
transaction is called an English mortgage.
1[(f) **Mortgage by deposit of title-deeds.—Where a person in any of the following towns,**
namely, the towns of Calcutta, Madras, [2][and Bombay], [3]*** and in any other town which the
4[State Government concerned] may, by notification in the Official Gazette, specify in this behalf,
delivers to a creditor or his agent documents of title to immoveable property, with intent to create
a security thereon, the transaction is called a mortgage by deposit of title-deeds.
(g) **Anomalous mortgage.—A mortgage which is not a simple mortgage, a mortgage by**
conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of
title-deeds within the meaning of this section is called an anomalous mortgage.]
**59. Mortgage when to be by assurance.—Where the principal money secured is one hundred**
rupees or upwards, a mortgage [5][other than a mortgage by deposit of title-deeds] can be effected only
by a registered instrument signed by the mortgagor and attested by at least two witnesses.
Where the principal money secured is less than one hundred rupees, a mortgage may be
effected either by [6][a registered instrument] signed and attested as aforesaid, or (except in the
case of a simple mortgage) by delivery of the property.
7* - -
8[59A. References to mortgagors and mortgagees to include persons deriving title from
**them.—Unless otherwise expressly provided, references in this Chapter to mortgagors and**
mortgagees shall be deemed to include references to persons deriving title from them
respectively.]
_Rights and Liabilities of Mortgagor_
**60. Right of mortgagor to redeem.—At any time after the principal money has become** [9][due],
the mortgagor has a right, on payment or tender, at a proper time and place, of the mortgagemoney, to require the mortgagee (a) to deliver [10][to the mortgagor the mortgage-deed and all
documents relating to the mortgaged property which are in the possession or power of the
mortgagee], (b) where the mortgagee is in possession of the mortgaged property, to deliver
possession thereof to the mortgagor, and (c) at the cost of the mortgagor either to re-transfer the
mortgaged property to him or to such third person as he may direct, or to execute and (where the
mortgage has been effected by a registered instrument) to have registered an acknowledgement in
writing that any right in derogation of his interest transferred to the mortgagee has been extinguished:
Provided that the right conferred by this section has not been extinguished by act of the parties or by
11[decree] of a Court.
The right conferred by this section is called a right to redeem and a suit to enforce it is called a suit
for redemption.
Nothing in this section shall be deemed to render invalid any provision to the effect that, if
the time fixed for payment of the principal money has been allowed to pass or no such time has
been fixed, the mortgagee shall be entitled to reasonable notice before payment or tender of
such money.
1. Added by Act 20 of 1929, s. 19.
2. Subs. by A.O. 1948, for “Bombay and Karachi”. The word “and” had been ins. by A.O. 1937.
3. The words “Rangoon, Moulmein, Bassein and Akyab” omitted by A.O. 1937.
4. The words “Governor General in Council” successively amended by A.O. 1937 and the A.O. 1950 to read as
above.
5. Ins. by Act 20 of 1929, s. 20.
6. Subs. by Act 6 of 1904, s. 3, for “an instrument”.
7. Third paragraph omitted by Act 20 of 1929, s. 20.
8. Ins. by s. 21, _ibid._
9. Subs. by s. 22, _ibid., for “payable”._
10. Subs. by s. 22, ibid., for “the mortgage-deed, if any, to the mortgagor”.
11. Subs. by Act 20 of 1929, s. 22, for [“]order”.
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**Redemption of portion of mortgaged property.—Nothing in this section shall entitle a**
person interested in a share only of the mortgaged property to redeem his own share only, on
payment of a proportionate part of the amount remaining due on the mortgage, except [1][only]
where a mortgagee, or, if there are more mortgagees than one, all such mortgagees, has or have
acquired, in whole or in part, the share of a mortgager.
2[60A. Obligation to transfer to third party instead of re-transference to mortgagor.—
(1) Where a mortgagor is entitled to redemption, then, on the fulfilment of any conditions on the
fulfilment of which he would be entitled to require a re-transfer, he may require the mortgagee,
instead of re-transferring the property, to assign the mortgage-debt and transfer the mortgaged
property to such third person as the mortgagor may direct; and the mortgagee shall be bound to
assign and transfer accordingly.
(2) The rights conferred by this section belong to and may be enforced by the mortgagor or
by any encumbrancer notwithstanding an intermediate encumbrance; but the requisition of any
encumbrancer shall prevail over a requisition of the mortgagor and, as between encumbrancers,
the requisition of a prior encumbrancer shall prevail over that of a subsequent encumbrancer.
(3) The provisions of this section do not apply in the case of a mortgagee who is or has been in
possession.
**60B. Right to inspection and production of documents.—A mortgagor, as long as his right**
of redemption subsists, shall be entitled at all reasonable times, at his request and at his own
cost, and on payment of the mortgagee’s costs and expenses in this behalf, to inspect and make
copies or abstracts of, or extracts from, documents of title relating to the mortgaged property
which are in the custody or power of the mortgagee.]
3[61. **Right to redeem separately or simultaneously.—A mortgagor who has executed two**
or more mortgages in favour of the same mortgagee shall, in the absence of a contract to the
contrary, when the principal money of any two or more of the mortgages has become due, be
entitled to redeem any one such mortgage separately, or any two or more of such mortgages
together.]
**62. Right of usufructuary mortgagor to recover possession.—In the case of a usufructuary**
mortgage, the mortgagor has a right to recover possession of the property [4][together with the mortgagedeed and all documents relating to the mortgaged property which are in the possession or power of the
mortgagee],—
(a) where the mortgagee is authorised to pay himself the mortgage-money from the
rents and profits of the property.—when such money is paid:
(b) where the mortgagee is authorised to pay himself from such rents and profits [5][or
any part thereof a part only of the mortgage-money],—when the term (if any), prescribed
for the payment of the mortgage-money has expired and the mortgagor pays or tenders to
the mortgagee [6][the mortgage-money or the balance thereof] or deposits it in Court as
hereinafter provided.
**63. Accession to mortgaged property.—Where mortgaged property in possession of the**
mortgagee has, during the continuance of the mortgage, received any accession, the mort gagor, upon redemption, shall, in the absence of a contract to the contrary, be entitled as
against the mortgagee to such accession.
1. Ins. by Act 20 of 1929, s. 22.
2. S. 60A and 60B ins. by s. 23, _ibid._
3. Subs. by s. 24, ibid., for s. 61.
4. Ins. by s. 25, ibid.
5. Subs. by s. 25, ibid., for “the interest of the principal money”.
6. Subs. by s. 25, ibid., for “the principal money”.
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**Accession acquired in virtue of transferred ownership** .—Where such accession has
been acquired at the expense of the mortgagee, and is capable of separate possession or
enjoyment without detriment to the principal property, the mortgagor desiring to take the
accession must pay to the mortgagee the expense of acquiring it. If such separate possession
or enjoyment is not possible, the accession must be delivered with the property; the
mortgagor being liable, in the case of an acquisition necessary to preserve the property from
destruction, forfeiture or sale, or made with his assent, to pay the proper cost thereof, as an
addition to the principal money, [1] [with interest at the same rate as is payable on the
principal, or, where no such rate is fixed, at the rate of nine per cent. per annum].
In the case last mentioned the profits, if any, arising from the accession shall be credited to the
mortgagor.
Where the mortgage is usufructuary and the accession has been acquired at the expense
of the mortgagee, the profits, if any, arising from the accession shall, in the absence of a
contract to the contrary, be set off against interest, if any, payable on the money s o
expended.
2
[63A. Improvements to mortgaged property.—(1) Where mortgaged property in
possession of the mortgagee has, during the continuance of the mortgage, been improved, the
mortgagor, upon redemption, shall, in the absence of a contract to the contrary, be entitled to
the improvement; and the mortgagor shall not, save only in cases provided for in
sub-section (2), be liable to pay the cost thereof.
(2)Where any such improvement was effected at the cost of the mortgagee and was
necessary to preserve the property from destruction or deterioration or was necessary to
prevent the security from becoming insufficient, or was made in compliance with the
lawful order of any public servant or public authority, the mortgagor shall, in the absence
of a contract to the contrary, be liable to, pay the proper cost thereof as an addition to the
principal money with interest at the same rate as is payable on the principal, or, where no
such rate is fixed, at the rate of nine per cent. per annum, and the profits, if any, accruing
by reason of the improvement shall be credited to the mortgagor.]
**64. Renewal of mortgaged lease.—Where the mortgaged property is a lease** [3]***, and
the mortgagee obtains a renewal of the lease, the mortgagor, upon redemption, shall, in the
absence of a contract by him to the contrary, have the benefit of the new lease.
**65. Implied contracts by mortgagor.—In the absence of a contract to the contrary, the**
mortgagor shall be deemed to contract with the mortgagee,—
(a) that the interest which the mortgagor professes to transfer to the mortgagee
subsists, and that the mortgagor has power to transfer the same;
(b) that the mortgagor will defend, or, if the mortgagee be in possession of the
mortgaged property, enable him to defend, the mortgagor’s title thereto;
(c) that the mortgagor will, so long as the mortgagee is not in possession of the
mortgaged property, pay all public charges accruing due in respect of the property;
(d) and, where the mortgaged property is a lease [4]***, that the rent payable under the lease,
the conditions contained therein, and the contracts binding on the lessee have been paid,
performed and observed down to the commencement of the mortgage; and that the mortgagor
will, so long as the security exists and the mortgagee is not in possession of the mortgaged
property, pay the rent reserved by the lease, or, if the lease be renewed, the renewed lease,
perform the conditions contained therein and observe the contracts binding on the lessee, and
1. Subs. by Act 20 of 1929, s. 26, for “at the same rate of interest”.
2. Ins. by s. 27, ibid.
3. The words “for a term of years” omitted by s. 28, _ibid._
4. The words “for a term of years” omitted by s. 29, ibid.
26
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indemnify the mortgagee against all claims sustained by reason of the non-payment of the said
rent or the a non-performance or non-observance of the said conditions and contracts;
(e) and, where the mortgage is a second or subsequent incumbrance on the property, that
the mortgagor will pay the interest from time to time accruing due on each prior incumbrance
as and when it becomes due, and will at the proper time discharge the principal money due on
such prior incumbrance.
1* - - - *.
The benefit of the contracts mentioned in this section shall be annexed to and shall go with the
interest of the mortgagee as such, and may be enforced by every person in whom that interest is
for the whole or any part thereof from time to time vested.
2[65A. Mortgagor’s power to lease.—(1) Subject to the provisions of sub-section (2), a mortgagor,
while lawfully in possession of the mortgaged property, shall have power to make leases thereof which
shall be binding on the mortgagee.
(2) (a) Every such lease shall be such as would be made in the ordinary course of management of the
property concerned, and in accordance with any local law, custom or usage.
(b) Every such lease shall reserve the best rent that can reasonably be obtained, and no premium
shall be paid or promised and no rent shall be payable in advance.
(c) No such lease shall contain a covenant for renewal.
(d) Every such lease shall take effect from a date not later than six months from the date on which it
is made.
(e) In the case of a lease of buildings, whether leased it or without the land on which they
stand, the duration of the lease shall in no case exceed three years, and the lease shall contain a
covenant for payment of the rent and a condition of re-entry on the rent not being paid within a
time therein specified.
(3) The provisions of sub-section (1) apply only if and as far as a contrary intention is not
expressed in the mortgage-deed; and the provisions of sub-section (2) may be varied or extended by
the mortgage-deed and, as so varied and extended, shall, as far as may be, operate in like manner and
with all like incidents, effects and consequences, as if such variations or extensions were contained in
that sub-section.]
**66. Waste by mortgagor in possession.—A mortgagor in possession of the mortgaged**
property is not liable to the mortgagee for allowing the property to deteriorate; but he must not
commit any act which is destructive or permanently injurious thereto, if the security is
insufficient or will be rendered insufficient by such act.
_Explanation.—A security is insufficient within the meaning of this section unless the value of the_
mortgaged property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the amount
for the time being due on the mortgage.
_Rights and Liabilities of Mortgagee_
**67. Right to foreclosure or sale.—In the absence of a contract to the contrary, the mortgagee**
has, at any time after the mortgage-money has become [3][due] to him, and before a decree has been
made for the redemption of the mortgaged property, or the mortgage-money has been paid or
deposited as hereinafter provided, a right to obtain from the Court [4][a decree] that the mortgagor
shall be absolutely debarred of his right to redeem the property, or [4][a decree] that the property be
sold.
A suit to obtain [4][a decree] that a mortgagor shall be absolutely debarred of his right to redeem the
mortgaged property is called a suit for foreclosure.
1. Certain words omitted by Act 20 of 1929, s. 29.
2. Ins. by s. 30, ibid.
3. Subs. by s. 31, ibid., for “payable”.
4. Subs. by s. 31, ibid., for “an order”.
27
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Nothing in this section shall be deemed—
1
[(a) to authorise any mortgagee other than a mortgagee by conditional sale or a
mortgagee under an anomalous mortgage by the terms of which he is entitled to foreclose, to
institute a suit for foreclosure, or an usufructuary mortgagee as such or a mortgagee by
conditional sale as such to institute a suit for sale; or]
(b) to authorise a mortgagor who holds the mortgagee's rights as his trustee or legal
representative, and who may sue for a sale of the property, to institute a suit for foreclosure;
or
(c) to authorise the mortgagee of a railway, canal or other work in the maintenance of which the
public are interested, to institute a suit for foreclosure or sale; or
(d) to authorise a person interested in part only of the mortgage-money to-institute a suit
relating only to a corresponding part of the mortgaged property, unless the mortgagees have,
with the consent of the mortgagor, severed their interests under the mortgage.
2[67A. Mortgagee when **bound to bring one suit on several mortgages.—A mortgagee who**
holds two or more mortgages executed by the same mortgagor in respect of each of which he has a
right to obtain the same kind of decree under section 67, and who sues to obtain such decree on
any one of the mortgages, shall, in the absence of a contract to the contrary, be bound to sue on all
the mortgages in respect of which the mortgage-money has become due.]
3[68. Right to sue for mortgage-money.—(1) The mortgagee has a right to sue for the mortgage
money in the following cases and no others, namely:—
(a) where the mortgagor binds himself to repay the same;
(b) where by any cause other than the wrongful act or default of the mortgagor or
mortgagee, the mortgaged property is wholly or partially destroyed or the security is rendered
insufficient within the meaning of section 66, and the mortgagee has given the mortgagor a
reasonable opportunity of providing further security enough to render the whole security
sufficient, and the mortgagor has failed to do so;
(c) where the mortgagee is deprived of the whole or part of his security by or in consequence of
the wrongful act or default of the mortgagor;
(d) where, the mortgagee being entitled to possession of the mortgaged property, the mortgagor
fails to deliver the same to him, or to secure the possession thereof to him without disturbance by the
mortgagor or any person claiming under a title superior to that of the mortgagor:
Provided that, in the case referred to in clause ( _a), a transferee from the mortgagor or from_
his legal representative shall not be liable to be sued for, the mortgage-money.
(2) Where a suit is brought under clause (a) or clause (b) of sub-section (1), the Court may,
at its discretion, stay the suit and all proceedings therein, notwithstanding any contract to the
contrary, until the mortgagee has exhausted all his available remedies against the mortgaged
property or what remains of it, unless the mortgagee abandons his security and, if necessary,
re-transfers the mortgaged property.]
**69. Power of sale when valid.—** [4][(1)] [5][ [6]*** A mortgagee, or any person acting on his
behalf, shall, subject to the provisions of this section, have power to sell or, concur in selling the
mortgaged property, or any part thereof, in default of payment of the mortgage-money, without
the intervention of the Court, in the following cases and in no others, namely:—]
1. Subs. by Act 20 of 1929, s. 31, for clause (a).
2. Ins. by s. 32, ibid.
3. Subs. by s. 33, ibid., for s. 68.
4. Section 69 re-numbered as sub-section (1) of that section by Act 20 of 1929, s. 34.
5. Subs. by s. 34, ibid., for certain words.
6. The words and figures “Notwithstanding anything contained in the Trustees’ and Mortgagees’ Powers Act, 1866 (28 of 1866)”
omitted by Act 48 of 1952, s. 3 and the Second Schedule.
28
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(a) where the mortgage is an English mortgage, and neither the mortgagor nor the
mortgagee is a Hindu, Muhammadan or Buddhist [1][or a member of any other race, sect, tribe
or class from time to time specified in this behalf by [2][the State Government], in the Official
Gazette];
(b) where [3][a power of sale without the intervention of the Court is expressly conferred
on the mortgagee by the mortgage-deed and] the mortgagee is [4][the Government];
(c) where [3][a power of sale without the intervention of the Court is expressly conferred
on the mortgagee by the mortgage-deed and] the mortgaged property or any part thereof
5[was, on the date of the execution of the mortgage-deed], situate within the towns of
Calcutta, Madras, Bombay, [6] *** [7] [or in any other town or area which the State
Government may, by notification in the Official Gazette, specify in this behalf].
8[(2)] 9*** No such power shall be exercised unless and until—
10 [(a)] notice in writing requiring payment of the principal money has been served on the
mortgagor, or, one of several mortgagors, and default has been made in payment of the principal
money, or of part thereof, for three months after such service; or
11[(b)] some interest under the mortgage amounting at least to five hundred rupees is
in arrear and unpaid for three months after becoming due.
12[(3)] When a sale has been made in professed exercise of such a power, the title of the
purchaser shall not be impeachable on the ground that no case had arisen to authorize the sale,
or that due notice was not given, or that the power was otherwise improperly or irregularly
exercised; but any person damnified by an unauthorised or improper or irregular exercise of the
power shall have his remedy in damages against the person exercising the power.
13[(4)] The money which is received by the mortgagee, arising from the sale, after discharge of
prior incumbrances, if any, to which the sale is not made subject, or after payment into Court under
section 57 of a sum to meet any prior incumbrance, shall, in the absence of a contract to the contrary,
be held by him in trust to be applied by him, first, in payment of all costs, charges and expenses
properly incurred by him as incident to the sale or any attempted sale; and, secondly, discharge of the
mortgage-money and costs and other money, if any, due under the mortgage; and the residue of the
money so received shall be paid to the person entitled to the mortgaged property, or authorised to
give receipts for the proceeds of the sale thereof.
14[(5) Nothing in this section or in section 69A applies to powers conferred before the first day of
July, 1882.]
15* - - -
1. Ins. by Act 3 of 1885, s. 5.
2. The words “the L.G., with the previous sanction of the G. G. in C.” successively amended by A.O. 1937 and A.O. 1950 to read
as above.
3. Ins. by Act 20 of 1929, s. 34.
4. The words “the Secretary of State for India in Council” successively amended by A.O. 1937 and A.O. 1950 to read
as above.
5. Subs. by Act 20 of 1929, s. 34, for “is”.
6. The word “Karachi” omitted by A.O. 1948.
7. The words “or Rangoon” have been successively amended by Acts 6 of 1904, 11 of 1915, 20 of 1929, the A.O. 1937 and the
A.O. 1950 to read as above.
8. Second paragraph numbered as sub-section (2) by Act 20 of 1929, s. 34.
9. The word “'But” omitted by s. 34, _ibid._
10. Clause (1) was lettered (a) by s. 34, ibid.
11. Clause (2) was lettered (b) by s. 34, ibid.
12. Third paragraph numbered as sub-section (3) by s. 34, ibid.
13. Fourth paragraph numbered as sub-section (4) by Act 20 of 1929, s. 34.
14. Subs. by s. 34, ibid., for fifth paragraph.
15. The last paragraph of this section omitted by s. 34, _ibid._
29
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1[69A. Appointment of receiver.—(1) A mortgagee having the right to exercise a power of
sale under section 69 shall, subject to the provisions of sub-section (2), be entitled to appoint, by
writing signed by him or on his behalf, a receiver of the income of the mortgaged property or any
part thereof.
(2) Any person who has been named in the mortgage-deed and is willing and able to act as receiver
may be appointed by the mortgagee.
If no person has been so named, or if all persons named are unable or unwilling to act, or are
dead, the mortgagee may appoint any person to whose appointment the mortgagor agrees; failing
such agreement, the mortgagee shall be entitled to apply to the Court for the appointment of a
receiver, and any person appointed by the Court shall be deemed to have been duly appointed by
the mortgagee.
A receiver may at any time be removed by writing signed by or on behalf of the mortgagee
and the mortgagor, or by the Court on application made by either party and on due cause shown.
A vacancy in the office of receiver may be filled in accordance with the provisions of this
sub-section.
(3) A receiver appointed under the powers conferred by this section shall be deemed to be the agent
of the mortgagor; and the mortgagor shall be solely responsible for the receiver's acts or defaults, unless
the mortgage-deed otherwise provides or unless such acts or defaults are due to the improper intervention
of the mortgagee.
(4) The receiver shall have power to demand and recover all the income of which he is
appointed receiver, by suit, execution or otherwise, in the name either of the mortgagor or of the
mortgagee to the full extent of the interest which the mortgagor could dispose of, and to give
valid receipts accordingly for the same, and to exercise any powers which may have been
delegated to him by the mortgagee in accordance with the provisions of this section.
(5) A person paying money to the receiver shall not be concerned to inquire if the appointment of the
receiver was valid or not.
(6) The receiver shall be entitled to retain out of any money received by him, for his remuneration,
and in satisfaction of all costs, charges and expenses incurred by him as receiver, a commission at such
rate not exceeding five per cent. on the gross amount of all money received as is specified in his
appointment, and, if no rate is so specified, then at the rate of five per cent. on that gross
amount, or at such other rate as the Court thinks fit to allow, on application made by him for
that purpose.
(7) The receiver shall, if so directed in writing by the mortgagee, insure to the extent, if
any, to which the mortgagee might have insured, and keep insured against loss or damage by
fire, out of the money received by him, the mortgaged property or any part thereof being of an
insurable nature.
(8) Subject to the provisions of this act as to the application of insurance money, the
receiver shall apply all money received by him as follows, namely,—
(i) in discharge of all rents, taxes, land revenue, rates and outgoings whatever affecting the
mortgaged property;
(ii) in keeping down all annual sums or other payments, and the interest on all
principal sums, having priority to the mortgage in right whereof he is receiver;
(iii) in payment of his commission, and of the premiums on fire, life or other
insurances, if any, properly payable under the mortgage-deed or under this Act, and the
cost of executing necessary or proper repairs directed in writing by the mortgagee;
(iv) in payment of the interest falling due under the mortgage;
1. Ins. by Act 20 of 1929, s. 35.
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(v) in or towards discharge of the principal money, if so directed in writing by the
mortgagee;
and shall pay the residue, if any, of the money received by him to the person who, but for the
possession of the receiver, would have been entitled to receive the income of which he is
appointed receiver, or who is otherwise entitled to the mortgaged property.
(9) The provisions of sub-section (1) apply only if and as far as a contrary intention is not
expressed in the mortgage-deed; and the provisions of sub-sections (3) to (8) inclusive may be
varied or extended by the mortgage-deed, and, as so varied or extended, shall, as far as may be,
operate in like manner and with all the like incidents, effects and consequences, as if such
variations or extensions were contained in the said sub-sections.
(10) Application may be made, without the institution of a suit, to the Court for its opinion,
advice or direction on any present question respecting the management or administration of the
mortgaged property, other than questions of difficulty or importance not proper in the opinion of
the Court for summary disposal. A copy of such application shall be served upon, and the hearing
thereof may be attended by, such of the persons interested in the application as the Court may
think fit.
The costs of every application under this sub-section shall be in the discretion of the Court.
(11) In this section, “the Court” means the Court which would have jurisdiction in a suit to enforce
the mortgage.]
**70. Accession to mortgaged property.—If, after the date of a mortgage, any accession is**
made to the mortgaged property, the mortgagee, in the absence of a contract to the contrary,
shall, for the purposes of the security, be entitled to such accession.
_Illustrations_
(a) A mortgages to B a certain field bordering on a river. The field is increased by alluvion. For the purposes of his
security, B is entitled to the increase.
(b) A mortgages a certain plot of building land to B and afterwards erects a house on the plot. For the purposes of his
security, B is entitled to the house as well as the plot.
**71. Renewal of mortgaged lease.—When the mortgaged property is a lease** [1]***, and the
mortgagor obtains a renewal of the lease, the mortgagee, in the absence of a contract to the
contrary, shall, for the purposes of the security, be entitled to the new lease.
**72. Rights of mortgagee in possession.—[2][A mortgagee] may spend such money as is**
necessary—
3* - - -
(b) for [4][the preservation of the mortgaged property] from destruction, forfeiture or
sale;
(c) for supporting the mortgagor's title to the property;
(d) for making his own title thereto good against the mortgagor; and
(e) when the mortgaged property is a renewable lease-hold, for the renewal of the lease;
and may, in the absence of a contract to the contrary, add such money to the principal
money, at the rate of interest payable on the principal, and, where no such rate is fixed, at
the rate of nine per cent. per annum:
1. The words “for a term of years” omitted by Act 20 of 1929, s. 36.
2. Subs. by s. 37, ibid., for certain words.
3. Clause (a) omitted by s. 37, ibid.
4. Subs. by s. 37, ibid., for “its preservation”.
31
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1
[Provided that the expenditure of money by the mortgagee under clause (b) or
clause (c) shall not be deemed to be necessary unless the mortgagor has been called upon
and has failed to take proper and timely steps to preserve the property or to support the
title.]
Where the property is by its nature insurable, the mortgagee may also, in the absence
of a contract to the contrary, insure and keep insured against loss or damage by fire the
whole or any part of such property; and the premiums paid for any such insurance shall be
2[added to the principal money with interest at the same rate as is payable on the principal
money or, where no such rate is fixed, at the rate of nine per cent. per annum]. But the
amount of such insurance shall not exceed the amount specified in this behalf in the
mortgage-deed or (if no such amount is therein specified) two-thirds of the amount that
would be required in case of total destruction to reinstate the property insured.
Nothing in this section shall be deemed to authorise the mortgagee to insure when an
insurance of the property is kept up by or on behalf of the mortgagor to the amount in which
the mortgagee is hereby authorised to insure.
3[73. Right to proceeds of revenue sale or compensation on acquisition .—(1) Where the
mortgaged property or any part thereof or any interest therein is sold owing to failure to pay
arrears of revenue or other charges of a public nature or rent due in respect of such property,
and such failure did not arise from any default of the mortgagee, the mortgagee shall be
entitled to claim payment of the mortgage-money, in whole or in part, out of any surplus of
the sale proceeds remaining after payment of the arrears and of all charges and deductions
directed by law.
(2) Where the mortgaged property or any part thereof or any interest therein is acquired
under the Land Acquisition Act, 1894 (1 of 1894), or any other enactment for the time being
in force providing for the compulsory acquisition of immoveable property, the mortgagee
shall be entitled to claim payment of the mortgage-money, in whole or in part, out of the
amount due to the mortgagor as compensation.
(3) Such claims shall prevail against all other claims except those of prior encumbrances, and
may be enforced notwithstanding that the principal money on the mortgage has not become due.]
**74. [Right of subsequent mortgagee to pay off prior mortgagee.** ] Rep. by the Transfer of
_Property (Amendment) Act, 1929 (20 of 1929), s. 39._
**75.** [Rights of mesne mortgagee against and subsequent mortgagees.] Rep. by s. 39,
_ibid._
**76. Liabilities of mortgagee in possession.—When, during the continuance of the mortgage, the**
mortgagee takes possession of the mortgaged property,—
(a) he must manage the property as a person of ordinary prudence would manage it if it were his
own;
(b) he must use his best endeavours to collect the rents and profits thereof;
(c) he must, in the absence of a contract to the contrary, out of the income of the property,
pay the Government-revenue, all other charges of a public nature [4][and all rent] accruing due in
respect thereof during such possession, and any arrears of rent in default of payment of which
the[-] property may be summarily sold;
(d) he must, in the absence of a contract to the contrary, make such necessary repairs of the
property as he can pay for out of the rents and profits thereof after deducting from such rents and
profits the payments mentioned in clause (c)and the interest on the principal money;
(e) he must not commit any act which is destructive or permanently injurious to the property;
1. Ins. by Act 20 of 1929, s. 37.
2. Subs. by s. 37, ibid., for certain words.
3. Subs. by s. 38, ibid., for s. 73.
4. Ins. by s. 40, ibid.
32
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(f) where he has insured the whole or any part of the property against loss or damage by fire,
he must, in case of such loss or damage, apply any money which he actually receives under the
policy or so much thereof as may be necessary, in reinstating the property, or, if the mortgagor so
directs, in reduction or discharge of the mortgage-money;
(g) he must keep clear, full and accurate accounts of all sums received and spent by him as
mortgagee, and, at any time during the continuance of the mortgage, give the mortgagor, at his
request and cost, true copies of such accounts and of the vouchers by which they are
supported;
(h) his receipts from the mortgaged property, or, where such property is personally occupied
by him a fair occupation-rent in respect thereof shall, after deducting the expenses [1][properly
incurred for the management of the property and the collection of rents and profits and the other
expenses] mentioned in clauses _(c)_ and _(d),_ and interest thereon, be debited against him in
reduction of the amount (if any) from time to time due to him on account of interest [2]*** and, so
far as such receipts exceed any interest due, in reduction or discharge of the mortgage-money; the
surplus, if any, shall be paid to the mortgagor;
(i) when the mortgagor tenders, or deposits in manner hereinafter provided, the amount for the
time being due on the mortgage, the mortgagee must, notwithstanding the provisions in the other
clauses of this section, account for his [3]*** receipts from the mortgaged property from the date of
the tender or from the earliest time when he could take such amount out of Court, as the case may be
1[and shall not be entitled to deduct any amount therefrom on account of any expenses incurred after
such date or time in connection with the mortgaged property].
**Loss occasioned by his default.—If the mortgagee fail to perform any of the duties imposed**
upon him by this section, he may, when accounts are taken in pursuance of a decree made
under this Chapter, be debited with the loss, if any, occasioned by such failure.
**77. Receipts in lieu of interest.—Nothing in section 76, clauses (b), (d), (g) and (h), applies**
to cases where there is a contract between the mortgagee and the mortgagor that the receipts
from the mortgaged property shall, so long as the mortgagee is in possession of the property, be
taken in lieu of interest on the principal money, or in lieu of such interest and defined portions of
the principal.
_Priority_
**78. Postponement of prior mortgagee.—Where, through the fraud, misrepresentation or**
gross neglect of a prior mortgagee, another person has been induced to advance money on the
security of the mortgaged property, the prior mortgagee shall be postponed to the subsequent
mortgagee.
**79. Mortgage to secure uncertain amount when maximum is expressed.—If a mortgage**
made to secure future advances, the performance of an engagement or the balance of a ru nning
account, expresses the maximum to be secured thereby, a subsequent mortgage of the same
property shall, if made with notice of the prior mortgage, be postponed to the prior mortgage
in respect of all advances or debits not exceeding the maximum, though made or allowed with
notice of the subsequent mortgage.
_Illustration_
A mortgages Sultanpur to his bankers, B & Co., to secure the balance of his account with them to the extent
of Rs. 10,000. A then mortgages Sultanpur to C, to secure Rs. 10,000, C having notice of the mortgage to B &
Co., and C gives notice to B & Co. of the second mortgage. At the date of the second mortgage, the balance due to
B & Co. does not exceed Rs. 5,000. B & Co. subsequently advance to A sums making the balance of the ac count
against him exceed the sum of Rs. 10,000. B & Co. are entitled, to the extent of Rs. 10,000, to priority over C.
**80.** [Tacking abolished.] _Rep. by the Transfer of Property (Amendment) Act,_ 1929 (20 _of_
1929), s. 41.
1. Ins. by Act 20 of 1929, s. 40.
2. The words “on the mortgage-money” omitted by s. 40, ibid.
3. The word “gross” omitted by s. 40, ibid.
33
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_Marshalling and Contribution_
1[81. Marshalling securities.—If the owner of two or more properties mortgages them to
one person and then mortgages one or more of the properties to another person, the subsequent
mortgagee is, in the absence of a contract to the contrary, entitled to have the prior mortgagedebt satisfied out of the property or properties not mortgaged to him, so far as the same will
extend, but not so as to prejudice the rights of the prior mortgagee or of any other person who
has for consideration acquired an interest in any of the properties.]
**82. Contribution to mortgage-debt.—[2][Where property subject to a mortgage belongs to**
two or more persons having distinct and separate rights of ownership therein, the different
shares in or parts of such property owned by such persons are, in the absence of a contract to
the contrary, liable to contribute rateably to the debt secured by the mortgage, and, for the
purpose of determining the rate at which each such share or part shall contribute, the value
thereof shall be deemed to be its value at the date of the mortgage after deduction of the
amount of any other mortgage or charge to which it may have been subject on that date.]
Where, of two properties belonging to the same owner, one is mortgaged to secure one
debt and then both are mortgaged to secure another debt, and the former debt is paid out of
the former property, each property is, in the absence of a contract to the contrary, liable to
contribute rateably to the latter debt after deducting the amount of the former debt from the
value of the property out of which it has been paid.
Nothing in this section applies to a property liable under section 81 to the claim of the [3][subsequent]
mortgagee.
_Deposit in Court_
**83. Power to deposit in Court money due on mortgage.—At any time after the principal**
money [4][payable in respect of any mortgage has become due] and before a suit for redemption
of the mortgaged property is barred, the mortgagor, or any other person entitled to institute such
suit, may deposit, in any Court in which he might have instituted such suit, to the account of the
mortgagee, the amount remaining due on the mortgage.
**Right to money deposited by mortgagor.—The Court shall thereupon cause written notice**
of the deposit to be served on the mortgagee, and the mortgagee may, on presenting a petition
(verified in manner prescribed by [5]law for the verification of plaints) stating the amount then
due on the mortgage, and his willingness to accept the money so deposited in full discharge of
such amount, and-on depositing in the same Court the mortgage-deed [6][and all documents in
his possession or power relating to the mortgaged property], apply for and receive the money,
and the mortgage-deed, [7][and all such other documents], so deposited shall be delivered to the
mortgagor or such other person as aforesaid.
7[Where the mortgagee is in possession of the mortgaged. property, the Court shall, before
paying to him the amount so deposited, direct him to deliver possession thereof to the
mortgagor and at the cost of the mortgagor either to re-transfer the mortgaged property to the
mortgagor or to such third person as the mortgagor may direct or to execute and (where the
mortgage has been effected by a registered instrument) have registered an acknowledgment in
writing that any right in derogation of the mortgagor's interest transferred to the mortgagee has
been extinguished.]
1. Subs. by Act 20 of 1929, s. 42, for s. 81.
2. Subs by s. 43, ibid., for the first paragraph.
3. Subs. by s. 43, ibid., for “second”.
4. Subs. by s. 44, ibid., for “has become payable”.
5. See the Code of Civil Procedure, 1908 (5 of 1908), Sch. I, Order VI, rule 15.
6. Subs. by Act 20 of 1929, s. 44, for “if then in his possession or power ”.
7. Ins. by s. 44, ibid.
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**84. Cessation of interest.—When the mortgagor or such other person as aforesaid has**
tendered or deposited in Court under section 83 the amount remaining due on the mortgage,
interest on the principal money shall cease from the date of the tender or [1][in the case of a
deposit, where no previous tender of such amount has been made] as soon as the mortgagor or
such other person as aforesaid has done all that has to be done by him to enable the mortgagee
to take such amount out of Court, [2][and the notice required by section 83 has been served on
the mortgagee:
Provided that, where the mortgagor has deposited such amount without having made a
previous tender thereof and has subsequently withdrawn the same or any part thereof, interest
on the principal money shall be payable from the date of such withdrawal.]
Nothing in this section or in section 83 shall be deemed to deprive the mortgagee of his
right to interest when there exists a contract that he shall be entitled to reasonable notice
before payment or tender of the mortgage-money [3][and such notice has not been given before
the making of the tender or deposit, as the case may be].
_4Suits for Foreclosure, Sale or Redemption_
**85.[Parties to suits for foreclosure, sale and redemption.] Rep. by the Code of Civil Procedure, 1908**
(5 of 1908), s. 156 and V Schedule.
_Foreclosure and Sale[4]_
**86. [Decree of foreclosure suit.] Rep. by the Code of Civil Procedure,** 1908 (5 of 1908),
_s. 156 and V Schedule._
**87. [Procedure in case of payment of amount due** .] Rep. by s. 156 and the fifth Schedule,
_ibid._
**88. [Decree of sale.] Rep. by s. 156 and V Schedule, ibid.**
**89. [Procedure when defendant pay amount due** .] Rep. by s. 156 and V Schedule, ibid.
**90. [Recovery of balance due on mortgage.] Rep. by s. 156 and V Schedule, ibid.**
_Redemption_
5[91. Persons who may sue for redemption.—Besides the mortgagor, any of the following persons
may redeem, or institute a suit for redemption of, the mortgaged property, namely:—
(a) any person (other than the mortgagee of the interest sought to be redeemed) who has any
interest in, or charge upon, the property mortgaged or in or upon the right to redeem the same;
(b) any surety for the payment of the mortgage-debt or any part thereof; or
(c) any creditor of the mortgagor who has in a suit for the administration of his estate obtained a
decree for sale of the mortgaged property.]
6[92. Subrogation.—Any of the persons referred to in section 91 (other than the mortgagor) and
any co-mortgagor shall, on redeeming property subject to the mortgage, have, so far as regards
redemption, foreclosure or sale of such property, the same rights as the mortgagee whose mortgage he
redeems may have against the mortgagor or any other mortgagee.
The right conferred by this section is called the right of subrogation, and a person acquiring the same
is said to be subrogated to the rights of the mortgagee whose mortgage he redeems.
1. Ins. by Act 20 of 1929, s. 45.
2. Subs. by s. 45, ibid., for “as the case may be”.
3. Added by s. 45, ibid.
4. For the repealed provisions, as re-enacted, see (Act 5 of 1908), Sch. I, Order XXXIV.
5. Subs. by Act 20 of 1929, s. 46, for s. 91.
6. Ins. by s. 47, ibid. Original ss. 92 to 94 were rep. by Act 5 of 1908, s. 156 and the fifth Schedule.
35
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A person who has advanced to a mortgagor money with which the mortgage has been redeemed
shall be subrogated to the rights of the mortgagee whose mortgage has been redeemed, if the
mortgagor has by a registered instrument agreed that such persons shall be so subrogated.
Nothing in this section shall be deemed to confer a right of subrogation on any person unless
the mortgage in respect of which the right is claimed has been redeemed in full.
**93. Prohibition of tacking.—No mortgagee paying off a prior mortgage, whether with or**
without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his
original security; and, except in the case provided for by section 79, no mortgagee making a
subsequent advance to the mortgagor, whether with or without notice of an intermediate mortgage,
shall thereby acquire any priority in respect of his security for such subsequent advance.
**94. Rights of mesne** **mortgagee.—Where a property is mortgaged for successive debts to successive**
mortgagees, a mesne mortgagee has the same rights against mortgagees posterior to himself as he has
against the mortgagor.]
1
[95. Right of redeeming co-mortgagor to expenses.—Where one of several mortgagors
redeems the mortgaged property, he shall, in enforcing his right of subrogation under section 92
against his co-mortgagors, be entitled to add to the mortgage-money recoverable from them such
proportion of the expenses properly incurred in such redemption as is attributable to their share in the
property.
**96. Mortgage by deposit of title-deeds.—The provisions hereinbefore contained which apply to a**
simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds.]
**297. [Application of proceeds.] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and V**
_Schedule._
_Anomalous Mortgages_
**98. Rights and liabilities of parties to anomalous mortgages.—In the case of [3][an anomalous**
mortgage] the rights and liabilities of the parties shall be determined by their contract as evidenced
in the mortgage-deed, and, so far as such contract does not extend, by local usage.
**99. [Attachment of mortgaged property.] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s.**
156 and V Schedule.
_Charges_
**100. Charges.—Where immoveable property of one person is by act of parties or operation of law**
made security for the payment of money to another, and the transaction does not amount to a mortgage,
the latter person is said to have a charge on the property; and all the provisions hereinbefore contained
4[which apply to a simple mortgage shall, so far as may be, apply to such charge].
Nothing in this section applies to the charge of a trustee on the trust property for expenses
properly incurred in the execution of his trust, [5][and, save as otherwise expressly provided by any
law for the time being in force, no charge shall be enforced against any property in the hands of a
person to whom such property has been transferred for consideration and without notice of the
charge].
6[101. No merger in case of subsequent encumbrance.—Any mortgagee of, or person having
a charge upon, immoveable property, or any transferee from such mortgagee or charge-holder, may
purchase or otherwise acquire the rights in the property of the mortgagor or owner, as the case may
be, without thereby causing the mortgage or charge to be merged as between himself and any
subsequent mortgagee of, or person having a subsequent charge upon, the same property; and no
1. Subs. by Act 20 of 1929, s. 48, for s. 95. Original s. 96 was rep. by Act 5 of 1908, s. 156 and Sch. V.
2. For the repealed provisions, as re-enacted, see (Act 5 of 1908), Sch. I, Order XXXIV, rules 12 and 13.
3. Subs. by Act 20 of 1929, s. 49, for certain words.
5. Subs. by Act 20 of 1929, s. 50, for certain words.
6. Added by s. 50, ibid.
7. Subs. by s. 51, ibid., for s. 101.
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such subsequent mortgagee or charge-holder shall be entitled to for close or sell such property
without redeeming the prior mortgage or charge, or otherwise than subject thereto.]
_Notice and Tender_
**102. Service or tender on or to agent.—Where the person on or to whom any notice or tender**
is to be served or made under this Chapter does not reside in the district in which the mortgaged
property or some part thereof is situate, service or tender on or to an agent holding a general
power-of-attorney from such person or otherwise duly authorised to accept such service or tender
shall be deemed sufficient.
1[Where no person or agent on whom such notice should be served can be found or is known] to
the person required to serve the notice, the latter person may apply to any Court in which a suit
might be brought for redemption of the mortgaged property, and such Court shall direct in what
manner such notice shall be served, and any notice served in compliance with such direction shall
be deemed sufficient:
2[Provided that, in the case of a notice required by section 83, in the case of a deposit, the application
shall be made to the Court in which the deposit has been made.]
3[Where no person or agent to whom such tender should be made can be found or is
known] to the person desiring to make the tender, the latter person may deposit [4][in any Court in which a
suit might be brought for redemption of the mortgaged property] the amount sought to be tendered, and
such deposit shall have the effect of a tender of such amount.
**103. Notice, etc., to or by person incompetent to contract.—Where, under the provisions of**
this Chapter, a notice is to be served on or by, or a tender or deposit made or accepted or taken out
of Court by, any person incompetent to contract, such notice may be served [5][on or by], or tender or
deposit made, accepted or taken by, the legal curator of the property of such person; but where there
is no such curator, and it is requisite or desirable in the interests of such person that a notice should
be served or a tender or deposit made under the provisions of this Chapter, application may be made
to any Court in which a suit might be brought for the redemption of the mortgage to appoint a
guardian _ad litem_ for the purpose of serving or receiving service of such notice, or making or
accepting such tender, or making or taking out of Court such deposit, and for the performance of all
consequential acts which could or ought to be done by such person if he were competent to contract;
and the provisions of [6][Order XXXII in the First Schedule to the Code of Civil Procedure, 1908 (5 of
1908)] shall, so far as may be, apply to such application and to the parties thereto and to the
guardian appointed thereunder.
**104. Power to make rules.—The High Court may, from time to time, make rules consistent**
with this Act for carrying out, in itself and in the Courts of Civil Judicature subject to its
superintendence, the provisions contained in this Chapter.
CHAPTER V
OF LEASES OF IMMOVEABLE PROPERTY
**105. Lease defined.—A lease of immoveable property is a transfer of a right to enjoy such property,**
made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised,
or of money, a share of crops, service or any other thing of value, to be rendered periodically or on
specified occasions to the transferor by the transferee, who accepts the transfer on such terms.
**Lessor, lessee, premium and rent defined.—The transferor is called the lessor, the transferee is**
called the lessee, the price is called the premium, and the money, share, service or other thing to be so
rendered is called the rent.
1. Subs. by Act 20 of 1929, s. 52, for certain words.
2. Ins. by s. 52, ibid.
3. Subs. by Act 20 of 1929, s. 52, for certain words.
4. Subs. by s. 52, ibid., for “in such Court as last aforesaid”.
5. Ins. by s. 53, ibid.
6. Subs. by s. 53, ibid., for “Chapter XXXI of the Code of Civil Procedure”.
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1[106. Duration of certain leases in absence of written contract or local usage.—(1) In the
absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural
or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of
either lessor or lessee, by six months’ notice; and a lease of immovable property for any other purpose
shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by
fifteen days’ notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period
mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period
mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is
filed after the expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving
it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered
personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery
is not practicable) affixed to a conspicuous part of the property.]
**107. Leases how made.—A lease of immoveable property from year to year, or for any term**
exceeding one year, or reserving a yearly rent, can be made only by a registered instrument.
2[All other leases of immoveable property may be made either by a registered instrument or by oral
agreement accompanied by delivery of possession.
3
[Where a lease of immoveable property is made by a registered instrument, such
instrument or, where there are more instruments than one, each such instrument shall be
executed by both the lessor and the lessee:]
Provided that the State Government may, [4]*** from time to time, by notification in the
Official Gazette, direct that leases of immoveable property, other than leases from year to year,
or for any term exceeding one year, or reserving a yearly rent, or any class of such leases, may
be made by unregistered instrument or by oral agreement without delivery of possession.]
**108. Rights and liabilities of lessor and lessee** .— In the absence of a contract or local
usage to the contrary, the lessor and the lessee of immoveable property, as against one another,
respectively, possess the rights and are subject to the liabilities mentioned in the rules next
following, or such of them as are applicable to the property leased:—
_(A) Rights and liabilities of the lessor_
(a) the lessor is bound to disclose to the lessee any material defect in the property, with reference
to its intended use, of which the former is and the latter is not aware, and which the latter could not
with ordinary care discover:
(b) the lessor is bound on the lessee’s request to put him in possession of the property:
(c) the lessor shall be deemed to contract with the lessee that, if the latter pays the rent
reserved by the lease and performs the contracts binding on the lessee, he may hold the
property during the time limited by the lease without interruption.
The benefit of such contract shall be annexed to and go with the lessee’s interest as such, and may
be enforced by every person in whom that interest is for the whole or any part thereof from time to
time vested;
_(B) Rights and Liabilities of the Lessee_
(d) if during the continuance of the lease any accession is made to the property, such accession
(subject to the law relating to alluvion for the time being in force) shall be deemed to be comprised in
the lease:
(e) if by fire, tempest or flood, or violence of an army or of a mob, or other irresistible
force, any material part of the property be wholly destroyed or rendered substantially and
1. Subs. by Act 3 of 2003, s. 2, for s. 106 (w.e.f. 31-12-2002).
2. Subs. by Act 6 of 1904, s. 5, for the Second paragraph.
3. Ins. by Act 20 of 1929, s. 55.
4. The words “with the previous sanction of the Governor General in Council” omitted by A. O. 1937.
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permanently unfit for the purposes for which it was let, the lease shall, at the option of the
lessee, be void:
Provided that, if the injury be occasioned by the wrongful act or default of the lessee,
he shall not be entitled to avail himself of the benefit of this provision:
(f) if the lessor neglects to make, within a reasonable time after notice, any repairs which
he is bound to make to the property, the lessee may make the same himself, and deduct the
expense of such repairs with interest from the rent, or otherwise recover it from the lessor:
(g) if the lessor neglects to make any payment which he is bound to make, and which, if not
made by him, is recoverable from the lessee or against the property, the lessee may make such
payment himself, and deduct it with interest from the rent, or otherwise recover it from the
lessor:
(h) the lessee may [1][even after the determination of the lease] remove, at any time [2][whilst he is
in possession of the property leased but not afterwards], all things which he has attached to the earth:
provided he leaves the property in the state in which he received it:
(i) when a lease of uncertain duration determines by any means except the fault of the lessee, he
or his legal representative is entitled to all the crops planted or sown by the lessee and growing upon
the property when the lease determines, and to free ingress and egress to gather and carry them:
(j) the lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of
his interest in the property, and any transferee of such interest or part may again transfer it. The lessee
shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the
lease:
nothing in this clause shall be deemed to authorise a tenant having an un-transferable right of
occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or
the lessee of an estate under the management of a Court of Wards, to assign his interest as such
tenant, farmer or lessee:
(k) the lessee is bound to disclose to the lessor any fact as to the nature or extent of the interest
which the lessee is about to take, of which the lessee is, and the lessor is not, aware, and which
materially increases the value of such interest:
(l) the lessee is bound to pay or tender, at the proper time and place, the premium or rent to the
lessor or his agent in this behalf:
(m) the lessee is bound to keep, and on the termination of the lease to restore, the property
in as good condition as it was in at the time when he was put in possession, subject only to the
changes caused by reasonable wear and tear or irresistible force, and to allow the lessor and his
agents, at all reasonable times during the term, to enter upon the property and inspect the
condition thereof and give or leave notice of any defect in such condition; and, when such
defect has been caused by any act or default on the part of the lessee, his servants or agents, he
is bound to make it good within three months after such notice has been given or left:
(n) if the lessee becomes aware of any proceeding to recover the property or any part
thereof, or of any encroachment made upon, or any interference with, the lessor’s rights
concerning such property, he is bound to give, with reasonable diligence, notice thereof to the
lessor:
(o) the lessee may use the property and its products (if any) as a person of ordinary prudence
would use them if they were his own; but he must not use, or permit another to use, the property
for a purpose other than that for which it was leased, or fell [1][or sell] timber, pull down or
damage buildings [1][belonging to the lessor, or] work mines or quarries not open when the lease
was granted, or commit any other act which is destructive or permanently injurious thereto:
1. Ins. by Act 20 of 1929, s. 56.
2. Subs. by s. 56, ibid., for “during the continuance of the lease”.
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(p) he must not, without the lessor’s consent, correct on the property any permanent structure,
except for agricultural purposes:
(q) on the determination of the lease, the lessee is bound to put the lessor into possession of the
property.
**109. Rights of lessor’s transferee.—If the lessor transfers the property leased, or any part thereof, or**
any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all
the rights and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part
transferred so long as he is the owner of it; but the lessor shall not, by reason only of such transfer, cease
to be subject to any of the liabilities imposed upon him by the lease, unless the lessee elects to treat the
transferee as the person liable to him:
Provided that the transferee is not entitled to arrears of rent due before the transfer, and that,
if the lessee, not having reason to believe that such transfer has been made, pays rent to the
lessor, the lessee shall not be liable to pay such rent over again to the transferee.
The lessor, the transferee and the lessee may determine what proportion of the premium or
rent reserved by the lease is payable in respect of the part so transferred, and, in case they
disagree, such determination may be made by any Court having jurisdiction to entertain a suit for
the possession of the property leased.
**110.** **Exclusion of day on which term commences.—Where the time limited by a lease of**
immoveable property is expressed as commencing from a particular day, in computing that time such
day shall be excluded. Where no day of commencement is named, the time so limited begins from the
making of the lease.
**Duration of lease for a year.—Where the time so limited is a year or a number of years, in**
the absence of an express agreement to the contrary, the lease shall last during the whole
anniversary of the day from which such time commences.
**Option to determine lease.—Where the time so limited is expressed to be terminable before its**
expiration, and the lease omits to mention at whose option it is so terminable, the lessee, and not the
lessor, shall have such option.
**111. Determination of lease.—A lease of immoveable property determines—**
(a) by efflux of the time limited thereby:
(b) where such time is limited conditionally on the happening of some event—by the happening
of such event:
(c) where the interest of the lessor in the property terminates on, or his power to dispose of
the same extends only to, the happening of any event—by the happening of such event:
(d) in case the interests of the lessee and the lessor in the whole of the property become vested at
the same time in one person in the same right:
(e) by express surrender; that is to say, in case the lessee yields up his interest under the lease to
the lessor, by mutual agreement between them:
(f) by implied surrender:
(g) by forfeiture; that is to say, (1) in case the lessee breaks an express condition which provides
that, on breach thereof, the lessor may re-enter [1]***; or (2) in case the lessee renounces his character
as such by setting up a title in a third person or by claiming title in himself; [2][or (3) the lessee is
adjudicated an insolvent and the lease provides that the lessor may re-enter on the happening of such
1. The words “or the lease shall become void” omitted by Act 20 of 1929, s. 57.
2. Ins. by s. 57, ibid.
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event]; and in [1][any of these cases] the lessor or his transferee [2][gives notice in writing to the lessee
of] his intention to determine the lease:
(h) on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the
property leased, duly given by one party to the other.
_Illustration to clause (f)_
A lessee accepts from his lessor a new lease of the property leased, to take effect during the
continuance of the existing lease. This is an implied surrender of the former lease, and such lease
determines thereupon.
**112. Waiver of forfeiture.—A forfeiture under section 111, clause (g) is waived by**
acceptance of rent which has become due since the forfeiture, or by distress for such rent, or by
any other act on the part of the lessor showing an intention to treat the lease as subsisting:
Provided that the lessor is aware that the forfeiture has been incurred:
Provided also that, where rent is accepted after the institution of a suit to eject the lessee on the
ground of forfeiture; such acceptance is not a waiver.
**113. Waiver of notice to quit.—A notice given under section 111, clause (h), is waived, with the**
express or implied consent of the person to whom it is given, by any act on the part of the person giving
it showing an intention to treat the lease as subsisting.
_Illustrations_
(a) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires. B tenders, and A
accepts, rent which has become due in respect of the property since the expiration of the notice. The notice is
waived.
(b) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires, and B
remains in possession. A gives to B as lessee a second notice to quit. The first notice is waived.
**114. Relief against forfeiture for non-payment of rent.—Where a lease of immoveable**
property has determined by forfeiture for non-payment of rent, and the lessor sues to eject the
lessee, if, at the hearing of the suit, the lessee pays or tenders to the lessor the rent in arrear,
together with interest thereon and his full costs of the suit, or gives such security as the Court
thinks sufficient for making such payment within fifteen days, the Court may, in lieu of making a
decree for ejectment, pass an order relieving the lessee against the forfeiture; and thereupon the
lessee shall hold the property leased as if the forfeiture had not occurred.
3[114A. Relief against forfeiture in certain other cases.—Where a lease of immoveable property
has determined by forfeiture for a breach of an express condition which provides that on breach thereof
the lessor may re-enter, no suit for ejectment shall lie unless and until the lessor has served on the lessee
a notice in writing—
(a) specifying the particular breach complained of; and
(b) if the breach is capable of remedy, requiring the lessee to remedy the breach;
and the lessee fails, within a reasonable time from the date of the service of the notice, to remedy the
breach, if it is capable of remedy.
Nothing in this section shall apply to an express condition against the assigning, under
letting, parting with the possession, or disposing, of the property leased, or to an express
condition relating to forfeiture in case of non-payment of rent.]
**115. Effect of surrender and forfeiture on under-leases.—The surrender, express or implied,**
of a lease of immoveable property does not prejudice an under-lease of the property or any part
thereof previously granted by the lessee, on terms and conditions substantially the same (except as
regards the amount of rent) as those of the original lease; but, unless the surrender is made for the
purpose of obtaining a new lease, the rent payable by, and the contracts binding on, the under-lessee
shall be respectively payable to and enforceable by the lessor.
1. Subs. by Act 20 of 1929, s. 57, for “either case”.
2. Subs. by s. 57, ibid., for “does some act showing”.
3. Ins. by s. 58, ibid.
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The forfeiture of such a lease annuls all such under-leases, except where such forfeiture has been
procured by the lessor in fraud of the under-lessees, or relief against the forfeiture is granted under
section 114.
**116. Effect of holding over.—If a lessee or under-lessee of property remains in possession**
thereof after the determination of the lease granted to the lessee, and the lessor or his legal
representative accepts rent from the lessee or under-lessee, or otherwise assents to his continuing in
possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or
from month to month, according to the purpose for which the property is leased, as specified in
section 106.
_Illustrations_
(a) A lets a house to B for five years. B underlets the house to C at a monthly rent of Rs. 100. The five years
expire, but C continues in possession of the house and pays the rent to A. C's lease is renewed from month to
month.
(b) A lets a farm to B for the life of C. C dies, but B continues in possession with A's assent. B's lease is renewed from
year to year.
**117. Exemption of leases for agricultural purposes.—None of the provisions of this**
Chapter apply to leases for agricultural purposes, except in so far as the State Government
1
*** may by notification published in the Official Gazette, declare all or any of such
provisions to be so applicable [2][in the case of all or any such leases], together with, or subject
to, those of the local law, if any, for the time being in force.
Such notification shall not take effect until the expiry of six months from the date of its
publication.
CHAPTER VI
OF EXCHANGES
**118. “Exchange” defined.—When two persons mutually transfer the ownership of one**
thing for the ownership of another, neither thing or both things being money only, the
transaction is called an “exchange”.
A transfer of property in completion of an exchange can be made only in manner
provided for the transfer of such property by sale.
3 [119. Right of party deprived of thing received in exchange .—If any party to an
exchange or any person claiming through or under such party is by reason of any defect in the
title of the other party deprived of the thing or any part of the thing received by him in
exchange, then, unless a contrary intention appears from the terms of the exchange, such other
party is liable to him or any person claiming through or under him for loss caused thereby, or
at the option of the person so deprived, for the return of the thing transferred, if still in the
possession of such other party or his legal representative or a transferee from him without
consideration.]
**120. Rights and liabilities of parties** .—Save as otherwise provided in this Chapter,
each party has the rights and is subject to the liabilities of a seller as to that which he
gives, and has the rights and is subject to the liabilities of a buyer as to that which he
takes.
**121. Exchange of money.—On an exchange of money, each party thereby warrants**
the genuineness of the money given by him.
1. The words “with the previous sanction of the Governor General in Council” omitted by Act 38 of 1920, s. 2 and I
Schedule.
2. Ins. by Act 6 of 1904, s. 6.
3. Subs. by Act 20 of 1929, s. 59, for s. 119.
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CHAPTER VII
OF GIFTS
**122. “Gift” defined.—“Gift” is the transfer of certain existing moveable or**
immoveable property made voluntarily and without consideration, by one person, called
the donor, to another, called the donee, and accepted by or on behalf of the donee.
**Acceptance when to be made.—Such acceptance must be made during the lifetime of**
the donor and while he is till capable of giving,
If the donee dies before acceptance, the gift is void.
**123. Transfer how effected.—For the purpose of making a gift of immoveable**
property, the transfer must be effected by a registered instrument signed by or on behalf of
the donor, and attested by at least two witnesses.
For the purpose of making a gift of moveable property, the transfer may be effected
either by a registered instrument signed as aforesaid or by delivery.
Such delivery may be made in the same way as goods sold may be delivered.
**124. Gift of existing and future property.—A gift comprising both existing and future**
property is void as to the latter.
**125. Gift to several, of whom one does not accept** .—A gift of a thing to two or more
donees, of whom one does not accept it, is void as to the interest which he would have
taken had he accepted.
**126. When gift may be suspended or revoked** .—The donor and donee may agree that
on the happening of any specified event which does not depend on the will of the donor a
gift shall be suspended or revoked; but a gift which the parties agree shall be revocable
wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may
be.
A gift may also be revoked in any of the cases (save want or failure of consideration) in
which, if it were a contract, it might be rescinded.
Save as aforesaid, a gift cannot be revoked.
Nothing contained in this section shall be deemed to affect the rights of transferees for
consideration without notice.
_Illustrations_
(a) A gives a field to B, reserving to himself, with B’s assent, the right to take back the field in case B
and his descendants dies before A. B dies without descendants in A’s lifetime. A may take back the field.
(b) A gives a lakh of rupees to B, reserving to himself, with B’s assent, the right to take back at
pleasure Rs. 10,000 out of the lakh. The gift holds good as to Rs. 90,000, but is vo id as to Rs.10,000, which
continue to belong to A.
**127. Onerous gifts.—Where a gift is in the form of a single transfer to the same person**
of several things of which one is, and the others are not, burdened by an obligation, the
donee can take nothing by the gift unless he accepts it fully.
Where a gift is in the form of two or more separate and independent transfers to the
same person of several things, the donee is at liberty to accept one of them and refuse the
others, although the former may be beneficial and the latter onerous.
**Onerous gift to disqualified person.—A donee not competent to contract and**
accepting property burdened by any obligation is not bound by his acceptance. But if, after
becoming competent to contract and being aware of the obligation, he retains the property
given, he becomes so bound.
43
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_Illustrations_
(a) A has shares in X, a prosperous joint stock company, and also shares in Y, a joint stock company, in
difficulties. Heavy calls are expected in respect of the shares in Y. A gives B all his shares in joint stock
companies. B refuses to accept the shares in Y. He cannot take the shares in X.
(b) A, having a lease for a term of years of a house at a rent which he and his representatives are bound
to pay during the term, and which is more than the house can be let for, given to B the lease, and also, as a
separate and independent transaction, a sum of money. B refuses to accept the lease. He does not by his
refusal forfeit the money.
**128. Universal donee.—Subject to the provisions of section 127, where a gift consists**
of the donor’s whole property, the done is personally liable for all the debts due by [1][and
liabilities of] the donor at the time of the gift to the extent of the property comprised
therein.
**129. Saving of donations** **_mortis causa and Muhammadan law.—Nothing in this_**
Chapter related to gifts of moveable property made in contemplation of death, or shall be
deemed to affect any rule of Muhammadan law [2]***.
3[CHAPTER VIII
OF TRANSFERS OF ACTIONABLE CLAIMS
**130. Transfer of actionable claim.—(1) The transfer of an actionable claim** [4][whether with
or without consideration] shall be effected only by the execution of an instrument in writing
signed by the transferor or his duly authorised agent, [5]*** shall be complete and effectual upon
the execution of such instrument, and thereupon all the rights and remedies of the transferor,
whether by way of damages or otherwise, shall vest in the transferee, whether such notice of the
transfer as is hereinafter provided be given or not:
Provided that every dealing with the debt or other actionable claim by the debtor or other
person from or against whom the transferor would, but for such instrument of transfer as
aforesaid, have been entitled to recover or enforce such debt or other actionable claim, shall
(save where the debtor or other person is a party to the transfer or has received express notice
thereof as hereinafter provided) be valid as against such transfer.
(2) The transferee of an actionable claim may, upon the execution of such instrument of
transfer as aforesaid, sue or institute proceedings for the same in his own name without
obtaining the transferor's consent to such suit or proceedings and without making him a party
thereto.
_Exception.—Nothing in this section applies to the transfer of a marine or fire policy of_
insurance [6][or affects the provisions of section 38 of the Insurance Act, 1938 (4 of 1938)].
_Illustrations_
(i) A owes money to B, who transfers the debt to C. B then demands the debt from A, who, not having
received notice of the transfer, as prescribed in section 131, pays B. The payment is valid, and C cannot sue A for
the debt.
(ii) A effects a policy on his own life with an Insurance Company and assigns it to a Bank for securing the
payment of an existing or future debt. If A dies, the Bank is entitled to receive the amount of the policy and to sue on
it without the concurrence of A's executor, subject to the proviso in sub-section (1) of section 130 and to the
provisions of section 132.
7[130A. _Transfer of policy of marine insurance.] Rep. by the Marine Insurance Act,_ 1963 (11 _of_
1963), s. 92 (w.e.f. 1-8-1963).
1. Ins. by Act 20 of 1929, s. 60.
2. The words and figures “or, save as provided by s. 123, any rule of Hindu or Buddhist law” omitted by Act 20 of 1929,
s. 61.
3. Subs. by Act 2 of 1900, s. 4, for the original Chapter VIII.
4. Ins. by Act 20 of 1929, s. 62.
5. The words and figures “and notwithstanding anything contained in section 123” ins. by Act 38 of 1925, s. 2, omitted
by Act 20 of 1929, s. 62.
6. Added by Act 4 of 1938, s. 121 (w.e.f. 1-7-1939).
7. Ins. by Act 6 of 1944, s. 2.
44
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**131. Notice to be in writing, signed.—Every notice of transfer of an actionable claim shall**
be in writing, signed by the transferor or his agent duly authorised in this behalf, or, in case the
transferor refuses to sign, by the transferee or his agent, and shall state the name and address of
the transferee.
**132. Liability of transferee of actionable claim.—The transferee of an actionable claim shall**
take it subject to all the liabilities and equities to which the transferor was subject in respect
thereof at the date of the transfer.
_Illustrations_
(i) A transfers to C a debt due to him by B, A being then indebted to B. C sues B for the debt
due by B to A. In such suit B is entitled to set off the debt due by A to him;
although C was unaware of it at the date of such transfer.
(ii) A executed a bond in favour of B under circumstances entitling the former to have it
delivered up and cancelled. B assigns the bond to C for value and without notice of such
circumstances. C cannot enforce the bond against A.
**133. Warranty of solvency of debtor.—Where the transferor of a debt warrants the solvency of**
the debtor, the warranty, in the absence of a contract to the contrary, applies only to his solvency at
the time of the transfer, and is limited, where the transfer is made for consideration, to the amount or
value of such consideration.
**134. Mortgaged debt.—Where a debt is transferred for the purpose of securing an existing or**
future debt, the debt so transferred, if received by the transferor or recovered by the transferee, is
applicable, first, in payment of the costs of such recovery: secondly, in or towards satisfaction of the
amount for the time being secured by the transfer; and the residue, if any, belongs to the transferor
or other person entitled to receive the same.
1
[135. Assignment of rights under policy of insurance against fire.—Every assignee by
endorsement or other writing, of a policy of insurance against fire, in whom the property in the subject
insured shall be absolutely vested at the date of the assignment, shall have transferred and vested in him
all rights of suit as if the contract contained in the policy had been made with himself.]
2[135A. [Assignment of rights under policy of marine insurance.] Rep. by the Marine Insurance Act,
1963 (11 of 1963), s. 92 (w.e.f. 1-8-1963).
**136. Incapacity of officers connected with Courts of Justice.—No Judge, legal practitioner or**
officer connected with any Court of Justice shall buy or traffic in, or stipulate for, or agree to receive any
share of, or interest in, any actionable claim, and no Court of Justice shall enforce, at his instance, or at
the instance of any person claiming by or through him, any actionable claim so dealt with by him as
aforesaid.
**137. Saving of negotiable instruments, etc.—Nothing in the foregoing sections of this**
Chapter applies to stocks, shares or debentures, or to instruments which are for the time being, by
law or custom, negotiable, or to any mercantile document of title to goods.
_Explanation.—The expression “mercantile document of title to goods” includes a bill of lading,_
dock-warrant, warehouse keeper's certificate, railway receipt, warrant or order for the delivery of
goods, and any other document used in the ordinary course of business as proof of the possession or
control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the
possessor of the document to transfer or receive goods thereby represented.]
1. Subs. by Act 6 of 1944, s. 3, for s. 135.
2. Ins. by s. 4, ibid.
45
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THE SCHEDULE
(a) STATUTES
Year and Chapter Subject Extent of repeal
27 Hen Year VIII, c. 10 Uses. . . The whole.
13 Eliz., c. 5.. . . Fraudulent conveyances The whole.
27 Eliz., c. 4.. . . Fraudulent conveyances The whole.
4 Mm., and Mary, c. 16 Clandestine mortgages The whole.
(b) ACTS OF THE GOVERNOR GENERAL IN COUNCIL
Number and year Subject Extent of repeal
IX of 1842 …… Lease and release . The whole.
Modes of conveying
XXXI of 1854…. Section 17.
land.
Mesne profits and
XI of 1855…
improvements.
Section 1; in the title, the words
“to mesne profits and”, and in
the preamble “to limit the
liability for mesne profitand”.
XXVII of 1866….. Indian Trustee Act Section 31.
So far as it relates
to Bengal
IV of 1872…… Punjab Laws Act
Regulations I of 1798 and XVII of
1806.
So far as it relates to
Central Provinces Laws
XX of 1875…. Bengal Regulations I of
Act
1798 and XVII of 1806.
So far as it
XVIII of 1876 ….. Oudh Laws Act relates to Bengal
Regulation XVII of 1806.
I of 1877…… Specific Relief In sections 35 and 36, the word “in
writing”.
(c) REGULATIONS
Number and year Subject Extent of repeal
Bengal Regulation I of
1798
Bengal Regulation
XVII of 1806.
Bombay Regulation V
of 1827.
Redemption
Acknowledgment of
debts; Interest;
Mortgagees in
possession.
_____________
46
Conditional sales
The whole Regulation.
The whole Regulation.
Section 15.
-----
|
17-Feb-1882 | 05 | The Indian Easements Act, 1882 | https://www.indiacode.nic.in/bitstream/123456789/2349/1/A1882-05.pdf | central | PREAMBLE
SECTIONS
1. Short title.
Local extent.
Commencement.
2. Savings.
# THE INDIAN EASEMENTS ACT, 1882
_______
ARRANGEMENT OF SECTIONS
_______
PRELIMINARY
3. Construction of certain references to Act 15 of 1877 and Act 9 of 1871.
CHAPTER I
OF EASEMENTS GENERALLY
4. “Easement” defined.
Dominant and servient heritages and owners.
5. Continuous and discontinuous, apparent and non-apparent, easements.
6. Easement for limited time or on condition.
7. Easements restrictive of certain rights.
(a) Exclusive right to enjoy.
(b) Rights to advantages arising from situation.
CHAPTER II
THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS
8. Who may impose easements.
9. Servient owners.
10. Lessor and mortgagor.
11. Lessee.
12. Who may acquire easements.
13. Easements of necessity and quasi easements.
14. Direction of way of necessity.
15. Acquisition by prescription.
16. Exclusion in favour of reversioner of servient heritage.
17. Rights which cannot be acquired by prescription.
18. Customary easements.
19. Transfer of dominant heritage passes easement.
1
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CHAPTER III
THE INCIDENTS OF EASEMENTS
SECTIONS
20. Rules controlled by contract or title.
Incidents of customary easements.
21. Bar to use unconnected with enjoyment.
22. Exercise of easement.
Confinement of exercise of easement.
23. Right to alter mode of enjoyment.
24. Right to do acts to secure enjoyment.
Accessory rights.
25. Liability for expenses necessary for preservation of easement.
26. Liability for damage from want of repair.
27. Servient owner not bound to do anything.
28. Extent of easements.
Easement of necessity.
Other easements.
(a) Right of way.
(b) Right to light or air acquired by grant.
(c) Prescriptive right to light or air.
(d) Prescriptive right to pollute air or water.
(e) Other prescriptive rights.
29. Increase of easement.
30. Partition of dominant heritage.
31. Obstruction in case of excessive user.
CHAPTER IV
THE DISTURBANCE OF EASEMENTS
32. Right to enjoyment without disturbance.
33. Suit for disturbance of easement.
34. When cause of action arises for removal of support.
35. Injunction to restrain disturbance.
36. Abatement of obstruction of easement.
CHAPTER V
THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS
37. Extinction by dissolution of right of servient owner.
38. Extinction by release.
39. Extinction by revocation.
40. Extinction on expiration of limited period or happening of dissolving condition.
41. Extinction on termination of necessity.
2
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SECTIONS
42. Extinction of useless easement.
43. Extinction by permanent change in dominant heritage.
44. Extinction on permanent alteration of servient heritage by superior force.
45. Extinction by destruction of either heritage.
46. Extinction by unity of ownership.
47. Extinction by non-enjoyment.
48. Extinction of accessory rights.
49. Suspension of easement.
50. Servient owner not entitled to require continuance.
Compensation for damage caused by extinguishment or suspension.
51. Revival of easements.
CHAPTER VI
LICENSES
52. “License” defined.
53. Who may grant license.
54. Grant may be express or implied.
55. Accessory licenses annexed by law.
56. License when transferable.
57. Grantor’s duty to disclose defects.
58. Grantor’s duty not to render property unsafe.
59. Grantor’s transferee not bound by license.
60. License when revocable.
61. Revocation express or implied.
62. License when deemed revoked.
63. Licensee’s rights on revocation.
64. Licensee’s rights on eviction.
3
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# THE INDIAN EASEMENTS ACT, 1882
ACT NO. 5 OF 1882[1]
[17th February, 1882.]
# An Act to define and amend the law relating to Easements and Licenses.
**Preamble.—WHEREAS it is expedient to define and amend the law relating to Easements and**
Licenses; It is hereby enacted as follows:—
PRELIMINARY
**1. Short title.—This Act may be called the Indian Easements Act, 1882.**
**Local extent.—It extends[2] to the territories respectively administered by the Governor of Madras**
in Council and the Chief Commissioners of the Central Provinces and Coorg;
**Commencement.—and it shall come into force on the first day of July, 1882.**
**STATE AMENDMENTS**
**Karnataka**
**Amendment of Central Act V of 1882.—In section 1 of the Indian Easements Act, 1882**
(Central Act V of 1882) for the entry under the heading “Local extent”, the following entry shall be
substituted, namely:—
“It extends to the whole of the State of Karnataka”.
[Vide Karnataka Act 33 of 1978, s. 6].
**2. Savings.—Nothing herein contained shall be deemed to affect any law not hereby expressly**
repealed; or to derogate from—
(a) any right of the [3][Government] to regulate the collection, retention and distribution of the
water of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of the
water flowing, collected, retained or distributed in or by any channel or other work constructed at
the public expense for irrigation;
(b) any customary or other right (not being a license) in or over immovable property which the
Government, the public or any person may possess irrespective of other immovable property; or
(c) any right acquired, or arising out of a relation created, before this Act comes into force.
4[3. Construction of certain references to Act 15 of 1877 and Act 9 of 1871.—All references in
any Act or Regulation to sections 26 and 27 of the Indian Limitation Act, 1877[5] or to sections 27 and
28 of Act No. 9 of 1871[6] shall, in the territories to which this Act extends, be read as made to sections
15 and 16 of this Act.]
1. For Report of Select Committee, _see Gazette of India, 1880, Pt. V, p. 1021: and for Proceedings in Council,_ _see_ _ibid.,_
1881, Supplement, pp. 687 and 766; and ibid., 1882, Supplement, p. 172.
2. The Act was extended to—
(1) Ajmer-Merwara by notification under s. 5 of the Scheduled Districts Act, 1874 (14 of 1874), see Gazette of India,
1897, Pt. II, p. 1413;
(2) Bombay and the U.P. by Act 8 of 1891 and continued in force, with modifications, in the territory transferred to
Delhi State, see the Delhi Laws Act, 1915 (7 of 1915), s. 3 and the Third Schedule;
(3) Whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958;
(4) Punjab by Punjab Act 29 of 1961;
(5) Kerala by Kerala Act 5 of 1962;
(6) Pondicherry by Act 26 of 1968, s. 3 and Schedule.
(7) Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019 s. 95 and
the Fifth Schedule (w.e.f. 31-10- 2019).
The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955.
3. Subs. by the A.O. 1950, for “Crown”.
4. Subs. by Act 10 of 1914, s. 2 and the First Schedule, for s. 3.
5. See now the Limitation Act, 1963 (36 of 1963).
6. Rep. by Act 15 of 1877.
4
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CHAPTER I
OF EASEMENTS GENERALLY
**4. “Easement” defined.—An easement is a right which the owner or occupier of certain**
# land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do
something, or to prevent and continue to prevent something being done, in or upon, or in respect of,
certain other land not his own.
**Dominant and servient heritages and owners.—The land for the beneficial enjoyment of which**
the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner;
the land on which the liability is imposed is called the servient heritage, and the owner or occupier
thereof the servient owner.
_Explanation.—In the first and second clauses of this section, the expression “land” includes also_
things permanently attached to the earth; the expression “beneficial enjoyment” includes also possible
convenience, remote advantage, and even a mere amenity; and the expression “to do something”
includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the
dominant heritage, of any part of the soil of the servient heritage or anything growing or subsisting
thereon.
_Illustrations_
(a) A, as the owner of a certain house, has a right of way thither over his neighbour B’s land for purposes
connected with the beneficial enjoyment of the house. This is an easement.
(b) A, as the owner of a certain house, has the right to go on his neighbour B’s land, and to take water for the
purposes of his household out of a spring therein. This is an easement.
(c) A, as the owner of a certain house, has the right to conduct water from B’s stream to supply the fountains
in the garden attached to the house. This is an easement.
(d) A, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle on
B’s field, or to take, for the purpose of being used in the house, by himself, his family, guests, lodgers and
servants, water or fish out of C’s tank, or timber out of D’s wood, or to use, for the purpose of manuring his
land, the leaves which have fallen from the trees on E’s land. These are easements.
(e) A dedicates to the public the right to occupy the surface of certain land for the purpose of passing and
re-passing. This right is not an easement.
(f) A is bound to cleanse a water course running through his land and keep it free from obstruction for the
benefit of B, a lower riparian owner. This is not an easement.
**5. Continuous and discontinuous, apparent and non-apparent, easements.—Easements are**
either continuous or discontinuous, apparent or non-apparent.
A continuous easement is one whose enjoyment is, or may be, continual without the act of man.
A discontinuous easement is one that needs the act of man for its enjoyment.
An apparent easement is one the existence of which is shown by some permanent sign which, upon
careful inspection by a competent person, would be visible to him.
A non-apparent easement is one that has no such sign.
_Illustrations_
(a) A right annexed to B’s house to receive light by the windows without obstruction by his neighbour A.
This is a continuous easement.
(b) A right of way annexed to A’s house over B’s land. This is a discontinuous easement.
(c) Rights annexed to A’s land to lead water thither across B’s land by an aqueduct and to draw off water
thence by a drain. The drain would be discovered upon careful inspection by a person conversant with such
matters. These are apparent easements.
(d) A right annexed to A’s house to prevent B from building on his own land. This is a non-apparent
easement.
5
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**6. Easement for limited time or on condition.—An easement may be permanent, or for a term of**
years or other limited period, or subject to periodical interruption, or exercisable only at a certain
place or at certain times, or between certain hours, or for a particular purpose, or on
condition that it shall commence or become void or voidable on the happening of a specified event or the
performance or non-performance of a specified act.
**7. Easements restrictive of certain rights.—Easements are restrictions of one or other of the**
following rights (namely):—
(a) Exclusive right to enjoy.—The exclusive right of every owner of immovable property (subject
to any law for the time being in force) to enjoy and dispose of the same and all products thereof and
accessions thereto.
(b) **Rights to advantages arising from situation.—The right of every owner of immovable**
property (subject to any law for the time being in force) to enjoy without disturbance try another the
natural advantages arising from its situation.
_Illustrations of the rights above referred to_
(a) The exclusive right of every owner of land in a town to build on such land, subject to any municipal law for the
time being in force.
(b) The right of every owner of land that the air passing thereto shall not be unreasonably polluted by other
persons.
(c) The right of every owner of a house that his physical comfort shall not be interfered with materially and
unreasonably by noise or vibration caused by any other person.
(d) The right of every owner of land to so much light and air as pass vertically thereto.
(e) The right of every owner of land that such land, in its natural condition, shall have the support naturally
rendered by the subjacent and adjacent soil of another person.
_Explanation.—Land is in its natural condition when it is not excavated and not subjected to artificial pressure; and_
the “subjacent and adjacent soil" mentioned in this illustration means such soil only as in its natural condition would
support the dominant heritage in its natural condition.
(f) The right of every owner of land that, within his own limits, the water which naturally passes or percolates by,
over or through his land shall not, before so passing or percolating, be unreasonably polluted by other persons.
(g) The right of every owner of land to collect and dispose within his own limits of all water under the land which
does not pass in a defined channel and all water on its surface which does not pass in a defined channel.
(h) The right of every owner of land that the water of every natural stream which passes by, through or over his
land in a defined natural channel shall be allowed by other persons to flow within such owner’s limits without
interruption and without material alteration in quantity, direction, force or temperature; the right of every owner of
land abutting on a natural lake or pond into or out of which a natural stream flows, that the water of such lake or pond
shall be allowed by other persons to remain within such owner’s limits without material alteration in quantity or
temperature.
(i) The right of every owner of upper land that water naturally rising in, or falling on, such land, and not passing in
defined channels, shall be allowed by the owner of adjacent lower land to run naturally thereto.
(j) The right of every owner of land abutting on a natural stream, lake or pond to use and consume its water for
drinking, household purposes and watering his cattle and sheep; and the right of every such owner to use and consume
the water for irrigating such land and for the purposes of any manufactory situate thereon, provided that he does not
thereby cause material injury to other like owners.
_Explanation.—A natural stream is a stream, whether permanent or intermittent, tidal or tideless, on the surface of_
land or underground, which flows by the operation of nature only and in a natural and known course.
CHAPTER II
THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS
**8. Who may impose easements.—An easement may be imposed by any one in the circumstances,**
and to the extent, in and to which he may transfer his interest in the heritage on which the liability is
to be imposed.
6
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_Illustrations_
(a) A is tenant of B’s land under a lease for an unexpired term of twenty years, and has power to transfer his interest
under the lease. A may impose an easement on the land to continue during the time that the lease exists or for any shorter
period.
(b) A is tenant for his life of certain land with remainder to B absolutely. A cannot, unless with B’s consent,
impose an easement thereon which will continue after the determination of his life-interest.
(c) A, B and C are co-owners of certain land. A cannot, without the consent of B and C, impose an easement on
the land or on any part thereof.
(d) A and B are lessees of the same lessor, A of a field X for a term of five years, and B of a field Y for a term of
ten years. A’s interest under his lease is transferable; B’s is not. A may impose on X, in favour of B, a right of way
terminable with A’s lease.
**9. Servient owners.—Subject to the provisions of section 8, a servient owner may impose on the**
servient heritage any easement that does not lessen the utility of the existing easement. But he cannot,
without the consent of the dominant owner, impose an easement on the servient heritage which would
lessen such utility.
_Illustrations_
(a) A has, in respect of his mill, a right to the uninterrupted flow thereto from sunrise to noon of the water of
B’s stream. B may grant to C the right to divert the water of the stream from noon to sunset: Provided that A’s
supply is not thereby diminished.
(b) A has, in respect of his house, a right of way over B's land. B may grant to C, as the owner of a
neighbouring farm, the right to feed his cattle on the grass growing on the way: Provided that A’s right of way is
not thereby obstructed.
**10. Lessor and mortgagor.—Subject to the provisions of section 8, a lessor may impose, on the**
property leased, any easement that does not derogate from the rights of the lessee as such, and a
mortgagor may impose, on the property mortgaged, any easement that does not render the security
insufficient. But a lessor or mortgagor cannot, without the consent of the lessee or mortgagee, impose
any other easement on such property, unless it be to take effect on the termination of the lease or the
redemption of the mortgage.
_Explanation.—A security is insufficient within the meaning of this section unless the value of the_
mortgaged property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the
amount for the time being due on the mortgage.
**11. Lessee.—No lessee or other person having a derivative interest may impose on the property**
held by him as such an easement to take effect after the expiration of his own interest, or in derogation
of the right of the lessor or the superior proprietor.
**12. Who may acquire easements.—An easement may be acquired by the owner of the**
immovable property for the beneficial enjoyment of which the right is created or on his behalf, by any
person in possession of the same.
One of two or more co-owners of immovable property may, as such, with or without the consent of
the other or others, acquire an easement for the beneficial enjoyment of such property.
No lessee of immovable property can acquire, for the beneficial enjoyment of other immovable
property of his own, an easement in or over the property comprised in his lease.
**13. Easements of necessity and** **_quasi_** **easements.—Where one person transfers or bequeaths**
immovable property to another,—
(a) if an easement in other immovable property of the transferor or testator is necessary for
enjoying the subject of the transfer or bequest, the transferee or legatee shall be entitled to such
easement; or
(b) if such an easement is apparent and continuous and necessary for enjoying the said subject
as it was enjoyed when the transfer or bequest took effect, the transferee or legatee shall, unless a
different intention is expressed or necessarily implied, be entitled to such easement;
(c) if an easement in the subject of the transfer or bequest is necessary for enjoying
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other immovable property of the transferor or testator, the transferor or the legal representative of
the testator shall be entitled to such easement; or
(d) if such an easement is apparent and continuous and necessary for enjoying the said property
as it was enjoyed when the transfer or bequest took effect, the transferor, or the legal representative
of the testator, shall, unless a different intention is expressed or necessarily implied, be entitled to
such easement.
Where a partition is made of the joint property of several persons,—
(e) if an easement over the share of one of them is necessary for enjoying the share of another
of them, the latter shall be entitled to such easement, or
(f) if such an easement is apparent and continuous and necessary for enjoying the share of the
latter as it was enjoyed when the partition took effect, he shall, unless a different intention is
expressed or necessarily implied, be entitled to such easement.
The easements mentioned in this section, clauses (a), (c) and (e), are called easements of necessity.
Where immovable property passes by operation of law, the persons from and to whom it so passes
are, for the purpose of this section, to be deemed, respectively, the transferor and transferee.
_Illustrations_
(a) A sells B a field then used for agricultural purposes only. It is inaccessible except by passing over A’s
adjoining land or by trespassing on the land of a stranger. B is entitled to a right of way, for agricultural
purposes only, over A’s adjoining land to the field sold.
(b) A, the owner of two fields, sells one to B, and retains the other. The field retained was, at the date of the
sale, used for agricultural purposes only, and is inaccessible except by passing over the field sold to B. A is
entitled to a right of way, for agricultural purposes only, over B’s field to the field retained.
(c) A sells B a house with windows overlooking A’s land, which A retains. The light which passes over A’s
land to the windows is necessary for enjoying the house as it war enjoyed when the sale took effect. B is entitled
to the light, and A cannot afterwards obstruct it by building on his land.
(d) A sells B a house with windows overlooking A’s land. The light passing over A’s land to the windows is
necessary for enjoying the house as it was enjoyed when the sale took effect. Afterwards A sells the land to C.
Here C cannot obstruct the light by building on the land, for he takes it subject to the burdens to which it was
subject in A’s hands.
(e) A is the owner of a house and adjoining land. The house has windows overlooking the land. A
simultaneously sells the house to B and the land to C. The light passing over the land is necessary for enjoying
the house as it was enjoyed when the sale took effect. Here A impliedly grants B a right to the light, and C takes
the land subject to the restriction that he may not build so as to obstruct such light.
(f) A is the owner of a house and adjoining land. The house has windows over-looking the land. A, retaining
the house, sells the land to B, without expressly reserving any easement. The light passing over the land is
necessary for enjoying the house as it was enjoyed when the sale took effect. A is entitled to the light, and B
cannot build on the land so as to obstruct such light.
(g) A, the owner of a house, sells B a factory built on adjoining land. B is entitled, as against A, to pollute
the air, when necessary, with smoke and vapours from the factory.
(h) A, the owner of two adjoining houses, Y and Z, sells Y to B, and retains Z. B is entitled to the benefit of
all the gutters and drains common to the two houses and necessary for enjoying Y as it was enjoyed when the
sale took effect, and A is entitled to the benefit of all the gutters and drains common to the two houses and
necessary for enjoying Z as it was enjoyed when the sale took effect.
(i) A, the owner of two adjoining buildings, sells one to B retaining the other. B is entitled to a right to lateral
support from A’s building, and A is entitled to a right to lateral support from B’s building.
(j) A, the owner of two adjoining buildings, sells one to B, and the other to C. C is entitled to lateral support
from B’s building, and B is entitled to lateral support from C’s building.
(k) A grants lands to B for the purpose of building a house thereon. B is entitled to such amount of lateral
and subjacent support from A’s land as is necessary for the safety of the house.
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(l) Under the Land Aquisition Act, 1870[1] (10 of 1870), a Railway Company compulsorily acquires a portion
of B's land for the purpose of making a siding. The Company is entitled to such amount of lateral support from
B's adjoining land as is essential for the safety of the siding.
(m) Owing to the partition of joint property, A becomes the owner of an upper room in a building, and B
becomes the owner of the portion of the building immediately beneath it. A is entitled to such amount of vertical
support from B's portion as is essential for the safety of the upper room.
(n) A lets a house and grounds to B for a particular business. B has no access to them other than by crossing
A’s land. B is entitled to a right of way over that land suitable to the business to be carried on by B in the house
and grounds.
**14. Direction of way of necessity.—When** [2][a right] to a way of necessity is created under
section 13, the transferor, the legal representative of the testator, or the owner of the share over which
the right is exercised, as the case may be, is entitled to set out the way; but it must be reasonably
convenient for the dominant owner.
When the person so entitled to set out the way refuses or neglects to do so, the dominant owner
may set it out.
**15. Acquisition by prescription.—Where the access and use of light or air to and for any building**
have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty years,
and where support from one person’s land or things affixed thereto has been peaceably received by
another person’s land subjected to artificial pressure or by things affixed thereto as an easement,
without interruption, and for twenty years,
and where a right of way or any other easement has been peaceably and openly enjoyed by any
person claiming title thereto, as an easement, and as of right, without interruption, and for twenty
years,
the right to such access and use of light or air, support or other easement shall be absolute.
Each of the said periods of twenty years shall be taken to be a period ending within two years next
before the institution of the suit wherein the claim to which such period relates is contested.
_Explanation I.—Nothing is an enjoyment within the meaning of this section when it has been had_
in pursuance of an agreement with the owner or occupier of the property over which the right is
claimed, and it is apparent from the agreement that such right has not been granted as an easement, or,
if granted as an easement, that it has been granted for a limited period, or subject to a condition on the
fulfilment of which it is to cease.
_Explanation II.—Nothing is an interruption within the meaning of this section unless where there_
is an actual cessation of the enjoyment by reason of an obstruction by the act of some person other
than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the
claimant has notice thereof and of the person making or authorising the same to be made.
_Explanation III.—Suspension of enjoyment in pursuance of a contract between the dominant and_
servient owners is not an interruption within the meaning of this section.
_Explanation IV.—In the case of an easement to pollute water, the said period of twenty years_
begins when the pollution first prejudices perceptibly the servient heritage.
When the property over which a right is claimed under this section belongs to [3][Government] this
section shall be read as if, for the words “twenty years”, the words “[4][thirty years]” were substituted.
1. See now the Land Acquisition Act, 1894 (1 of 1894).
2. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, for “right”
3. Subs. by the A.O. 1950, for “Crown”.
4. Subs. by Act 36 of 1963, s. 28, for “sixty years” (w.e.f. 1-1-1964).
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**_Illustrations_**
(a) A suit is brought in 1883 for obstructing a right of way. The defendant admits the obstruction,
but denies the right of way. The plaintiff proves that the right was peaceably and openly enjoyed by
him, claiming title thereto as an easement and as of right, without interruption, from 1st January, 1862,
to 1st January, 1882. The plaintiff is entitled to judgment.
(b) In a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for
twenty years. The defendant proves that for a year of that time the plaintiff was entitled to possession
of the servient heritage as lessee thereof and enjoyed the right as such lessee. The suit shall be
dismissed, for the right of way has not been enjoyed “as an easement” for twenty years.
(c) In a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for
twenty years. The defendant proves that the plaintiff on one occasion during the twenty years had
admitted that the user was not of right and asked his leave to enjoyed the right. The suit shall be
dismissed, for the right of way has not been enjoyed “as of right” for twenty years.
**16. Exclusion in favour of reversioner of servient heritage.—Provided that, when any**
land upon, over or from which any easement has been enjoyed or derived has been held under
or by virtue of any interest for life or any term of years exceeding three years from the
granting thereof, the time of the enjoyment of such easement during the continuance of such
interest or term shall be excluded in the computation of the said last-mentioned period of
twenty years, in case the claim is, within three years next after the determination of such
interest or term, resisted by the person entitled, on such determination, to the said land.
_Illustration_
A sues for a declaration that he is entitled to a right of way over B’s land. A proves that he has
enjoyed the right for twenty-five years; but B shows that during ten of these years C had a life-interest
in the land; that on C’s death B became entitled to the land; and that within two years after C’s death he
contested A’s claim to the right. The suit must he dismissed, as A, with reference to the provisions of
this section, has only proved enjoyment for fifteen years.
**17. Rights which cannot be acquired by prescription.—Easements acquired under**
section 15 are said to be acquired by prescription, and are called prescriptive rights.
None of the following rights can be so acquired:—
(a) a right which would tend to the total destruction of the subject of the right, or the
property on which, if the acquisition were made, liability would be imposed;
(b) a right to the free passage of light or air to an open space of ground;
(c) a right to surface-water not flowing in a stream and not permanently collected in a
pool, tank or otherwise;
(d) a right to underground water not passing in a defined channel.
**18. Customary easement.—An easement may be acquired in virtue of a local custom.**
Such easements are called customary easements.
_Illustrations_
(a) By the custom of a certain village every cultivator of village land is entitled, as such, to graze
his cattle on the common pasture. A, having become the tenant of a plot of uncultivated land in the
village, breaks up and cultivates that plot. He thereby acquires an easement to graze his cattle in
accordance with the custom.
(b) By the custom of a certain town no owner or occupier of a house can open a new window
therein so as substantially to invade his neighbour’s privacy. A builds a house in the town near B’s
house. A thereupon acquires an easement that B shall not open new windows in his house so as to
command a view of the portions of A’s house which are ordinarily excluded from observation, and B
acquires a like easement with respect to A’s house.
**19. Transfer of dominant heritage passes easement.—Where the dominant heritage is**
transferred or devolves, by act of parties or by operation of law, the transfer or devolution
shall, unless a contrary intention appears, be deemed to pass the easement to the person in
whose favour the transfer or devolution takes place.
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_Illustration_
A has certain land to which a right of way is annexed. A lets the land to B for twenty years. The right of way
vests in B and his legal representative so long as the lease continues.
CHAPTER III
THE INCIDENTS OF EASEMENTS
**20. Rules controlled by contract or title.—The rules contained in this Chapter are controlled by**
any contract between the dominant and servient owners relating to the servient heritage, and by the
provisions of the instrument or decree, if any, by which the easement referred to was imposed.
**Incidents of customary easements.—And when any incident of any customary easement is**
inconsistent with such rules, nothing in this Chapter shall affect such incident.
**21. Bar to use unconnected with enjoyment.—An easement must not be used for any purpose**
not connected with the enjoyment of the dominant heritage.
_Illustrations_
(a) A, as owner of a farm Y, has a right of way over B’s land to Y. Lying beyond Y, A has another farm Z,
the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y. He must not use the
easement for the purpose of passing to and from Z.
(b) A, as owner of a certain house, has a right of way to and from it. For the purpose of passing to and from
the house, the right may be used, not only by A, but by the members of his family, his guests, lodgers, servants,
workmen, visitors and customers; for this is a purpose connected with the enjoyment of the dominant heritage.
So, if A lets the house, he may use the right of way for the purpose of collecting the rent and seeing that the
house is kept in repair.
**22. Exercise of easement Confinement of exercise of easement.—The dominant owner must**
exercise his right in the mode which is least onerous to the servient owner; and, when the exercise of
an easement can without detriment to the dominant owner be confined to a determinate part of the
servient heritage, such exercise shall, at the request of the servient owner, be so confined.
_Illustrations_
(a) A has a right of way over B’s field. A must enter the way at either end and not at any intermediate point.
(b) A has a right annexed to his house to cut thatching-grass in B’s swamp. A, when exercising his easement,
must cut the grass so that the plants may not be destroyed.
**23. Right to alter mode of enjoyment.—Subject to the provisions of section 22, the dominant**
owner may, from time to time, alter the mode and place of enjoying the easement, provided that he
does not thereby impose any additional burden on the servient heritage.
_Exception.—The dominant owner of a right of way cannot vary his line of passage at pleasure,_
even though he does not thereby impose any additional burden on the servient heritage.
_Illustrations_
(a) A, the owner of a saw-mill, has a right to a flow of water sufficient to work the mill. He may convert the
saw mill into a corn-mill, provided that it can be worked by the same amount of water.
(b) A has a right to discharge on B’s land the rain-water from the eaves of A’s house. This does not entitle A
to advance his eaves if, by so doing, he imposes a greater burden on B’s land.
(c) A, as the owner of a paper-mill, acquires a right to pollute a stream by pouring in the refuse-liquor
produced by making in the mill paper from rags. He may pollute the stream by pouring in similar liquor
produced by making in the mill paper by a new process from bamboos, provided that he does not substantially
increase the amount, or injuriously change the nature, of the pollution.
(d) A, a riparian owner, acquires, as against the lower riparian owners, a prescriptive right to pollute a stream
by throwing sawdust into it. This does not entitle A to pollute the stream by discharging into it poisonous liquor.
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**24. Right to do acts to secure enjoyment.—The dominant owner is entitled[1], as against servient**
owner, to do all acts necessary to secure the full enjoyment of the easement; but such acts must be
done at such time and in such manner as, without detriment to the dominant owner, to cause the
servient owner as little inconvenience as possible; and the dominant owner must repair, as far as
practicable, the damage (if any) caused by the act to the servient heritage.
**Accessory rights.—Rights to do acts necessary to secure the full enjoyment of an easement are**
called accessory rights.
_Illustrations_
(a) A has an easement to lay pipes in B’s land to convey water to A’s cistern. A may enter and dig the land
in order to mend the pipes, but he must restore the surface to its original state.
(b) A has an easement of a drain through B’s land. The sewer with which the drain communicates is altered.
A may enter upon B’s land and alter the drain, to adapt it to the new sewer, provided that he does not thereby
impose any additional burden on B’s land.
(c) A, as owner of a certain house, has a right of way over B’s land. The way is out of repair, or a tree is
blown down and falls across it. A may enter on B’s land and repair the way or remove the tree from it.
(d) A, as owner of a certain field, has a right of way over B’s land. B renders the way impassable. A may
deviate from the way and pass over the adjoining land of B, provided that the deviation is reasonable.
(e) A, as owner of a certain house, has a right of way over B’s field. A may remove rocks to make the way.
(f) A has an easement of support from B’s wall. The wall gives way. A may enter upon B’s land and repair
the wall.
(g) A has an easement to have his land flooded by means of a dam in B’s stream. The dam is half swept
away by an inundation. A may enter upon B’s land and repair the dam.
**25. Liability for expenses necessary for preservation of easement.—The expenses incurred in**
constructing works, or making repairs, or doing any other act necessary for the use or preservation of
an easement, must be defrayed by the dominant owner.
**26. Liability for damage from want of repair.—Where an easement is enjoyed by means of an**
artificial work, the dominant owner is liable to make compensation for any damage to the servient
heritage arising from the want of repair of such work.[2]
**27. Servient owner not bound to do anything.—The servient owner is not bound to do anything**
for the benefit of the dominant heritage, and he is entitled, as against the dominant owner, to use the
servient heritage in any way consistent with the enjoyment of the easement; but he must not do any
act tending to restrict the easement or to render its exercise less convenient.
_Illustrations_
(a) A, as owner of a house, has a right to lead water and send sewage through B’s land. B is not bound, as servient
owner, to clear the watercourse or scour the sewer.
(b) A grants a right of way through his land to B as owner of a field. A may feed his cattle on grass growing on the way,
provided that B’s right of way is not thereby obstructed; but he must not build a wall at the end of his land so as to prevent B
from going beyond it, nor must he narrow the way so as to render the exercise of the right less easy than it was at the date of
the grant.
(c) A, in respect of his house, is entitled to an easement of support from B’s wall. B is not bound, as servient owner, to
keep the wall standing and in repair. But he must not pull down or weaken the wall so as to make it incapable of rendering
the necessary support.
(d) A, in respect of his mill, is entitled to a watercourse through B’s land. B must not drive stakes so as to obstruct the
watercourse.
(e) A, in respect of his house, is entitled to a certain quantity of light passing over B’s land. B must not plant trees so as
to obstruct the passage to A’s windows of that quantity of light.
1. But see s. 36, infra, as to abatement of obstruction of easement.
2. But see s. 50, infra, as to extinguishment or suspension of easement.
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**28. Extent of easements.—With respect to the extent of easements and the mode of their**
enjoyment, the following provisions shall take effect:—
**Easement of necessity.—An easement of necessity is co-extensive with the necessity as it existed**
when the easement was imposed.
**Other easements.—The extent of any other easement and the mode of its enjoyment must be**
fixed with reference to the probable intention of the parties and the purpose for which the right was
imposed or acquired.
In the absence of evidence as to such intention and purpose—
(a) Right of way.—A right of way of any one kind does not include a right of way of any other
kind;
(b) Right to light or air acquired by grant.—The extent of a right to the passage of light or
air to a certain window, door or other opening, imposed by a testamentary or non-testamentary
instrument, is the quantity of light or air that entered the opening at the time the testator died or the
non-testamentary instrument was made;
(c) Prescriptive right to light or air.—The extent of a prescriptive right to the passage of light
or air to a certain window, door or other opening is that quantity of light or air which has been
accustomed to enter that opening during the whole of the prescriptive period irrespectively of the
purposes for which it has been used;
(d) Prescriptive right to pollute air or water.—The extent of a prescriptive right to pollute air
or water is the extent of the pollution at the commencement of the period of user on completion of
which the right arose; and
(e) Other prescriptive rights.—The extent of every other prescriptive right and the mode of its
enjoyment must be determined by the accustomed user of the right.
**29. Increase of easement.—The dominant owner cannot, by merely altering or adding to the**
dominant heritage, substantially increase an easement.
Where an easement has been granted or bequeathed so that its extent shall be proportionate to the
extent of the dominant heritage, if the dominant heritage is increased by alluvion, the easement is
proportionately increased, and, if the dominant heritage is diminished by dilluvion, the easement is
proportionately diminished.
Save as aforesaid, no easement is affected by any change in the extent of the dominant or the
servient heritage.
_Illustrations_
(a) A, the owner of a mill, has acquired a prescriptive right to divert to his mill part of the water of a stream.
A alters the machinery of his mill. He cannot therbey increase his right to divert water.
(b) A has acquired an easement to pollute a stream by carrying on a manufacture on its banks by which a
certain quantity of foul matter is discharged into it. A extends his works and thereby increases the quantity
discharged. He is responsible to the lower riparian owners for injury done by such increase.
(c) A, as the owner of a farm, has a right to take, for the purpose of manuring his farm, leaves which have
fallen from the trees on B’s land. A buys a field and unites it to his farm. A is not thereby entitled to take leaves
to manure this field.
**30. Partition of dominant heritage.—Where a dominant heritage is divided between two or**
more persons, the easement becomes annexed to each of the shares, but not so as to increase
substantially the burden on the servient heritage: Provided that such annexation is
consistent with the terms of the instrument, decree or revenue-proceeding (if any) under which the
division was made, and, in the case of prescriptive rights, with the user during the prescriptive period.
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_Illustrations_
(a) A house to which a right of way by a particular path is annexed is divided into two parts, one of which is
granted to A, the other to B. Each is entitled, in respect of his part, to a right of way by the same path.
(b) A house to which is annexed the right of drawing water from a well to the extent of fifty buckets a day is
divided into two distinct heritages, one of which is granted to A, the other to B. A and B are each entitled, in
respect of his heritage, to draw from the well fifty buckets a day; but the amount drawn by both must not exceed
fifty buckets a day.
(c) A, having in respect of his house an easement of light, divides the house into three distinct heritages.
Each of these continues to have the right to have its windows unobstructed.
**31. Obstruction in case of excessive user.—In the case of excessive user of an easement the**
servient owner may, without prejudice to any other remedies to which he may be entitled, obstruct the
user, but only on the servient heritage: Provided that such user cannot be obstructed when the
obstruction would interfere with the lawful enjoyment of the easement.
_Illustration_
A, having a right to the free passage over B's land of light to four windows six feet by four, increases their
size and number. It is impossible to obstruct the passage of light to the new windows without also obstructing
the passage of light to the ancient windows. B cannot obstruct the excessive user.
CHAPTER IV
THE DISTURBANCE OF EASEMENTS
**32. Right to enjoyment without disturbance.—The owner or occupier of the dominant heritage**
is entitled to enjoy the easement without disturbance by any other person.
_Illustration_
A, as owner of a house, has a right of way over B’s land. C unlawfully enters on B’s land, and obstructs A in
his right of way. A may sue C for compensation, not for the entry, but for the obstruction.
**33. Suit for disturbance of easement.—The owner of any interest in the dominant heritage, or the**
occupier of such heritage, may institute a suit for compensation for the disturbance of the easement or
of any right accessory thereto; provided that the disturbance has actually caused substantial damage to
the plaintiff.
_Explanation I.—The doing of any act likely to injure the plaintiff by affecting the evidence of the_
easement, or by materially diminishing the value of the dominant heritage, is substantial damage
within the meaning of this section and section 34.
_Explanation II.—Where the easement disturbed is a right to the free passage of light passing to the_
openings in a house, no damage is substantial within the meaning of this section unless it falls within
the first _Explanation, or interferes materially with the physical comfort of the plaintiff, or prevents_
him from carrying on his accustomed business in the dominant heritage as beneficially as he had done
previous to instituting the suit.
_Explanation III.—Where the easement disturbed is a right to the free passage of air to the openings_
in a house, damage is substantial within the meaning of this section if it interferes materially with the
physical comfort of the plaintiff, though it is not injurious to his health.
_Illustrations_
(a) A places a permanent obstruction in a path over which B, as tenant of C’s house, has a right of way. This
is substantial damage to C, for it may affect the evidence of his reversionary right to the easement.
(b) A, as owner of a house, has a right to walk along one side of B’s house. B builds a verandah overhanging
the way about ten feet from the ground, and so as not to occasion any inconvenience to foot-passengers using
the way. This is not substantial damage to A.
**34. When cause of action arises for removal of support.—The removal of the means of support to**
which a dominant owner is entitled does not give rise to a right to recover compensation unless and until
substantial damage is actually sustained.
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**35. Injunction to restrain disturbance.—Subject to the provisions of the Specific Relief Act,**
1877[1] (1 of 1877), sections 52 to 57 (both inclusive), an injunction may be granted to restrain the
disturbance of an easement—
(a) if the easement is actually disturbed—when compensation for such disturbance might be
recovered under this Chapter;
(b) if the disturbance is only threatened or intended—when the act threatened or intended must
necessarily, if performed, disturb the easement.
**36. Abatement of obstruction of easement.—Notwithstanding the provisions of section 24, the**
dominant owner cannot himself abate a wrongful obstruction of an easement.
CHAPTER V
THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS
**37. Extinction by dissolution of right of servient owner.—When, from a cause which preceded**
the imposition of an easement, the person by whom it was imposed ceases to have any right in the
servient heritage, the easement is extinguished.
_Exception.—Nothing in this section applies to an easement lawfully imposed by a mortgagor in_
accordance with section 10.
_Illustrations_
(a) A transfers Sultanpur to B on condition that he does not marry C. B imposes an easement on Sultanpur.
Then B marries C. B’s interest in Sultanpur ends, and with it the easement is extinguished.
(b) A, in 1860, let Sultanpur to B for thirty years from the date of the lease. B, in 1861, imposes an easement
on the land in favour of C, who enjoys the easement peaceably and openly as an easement without interruption
for twenty-nine years. B’s interest in Sultanpur then ends, and with it C’s easement.
(c) A and B, tenants of C, have permanent transferable interests in their respective holdings. A imposes on
his holding an easement to draw water from a tank for the purpose of irrigating B’s land. B enjoys the easement
for twenty years. Then A’s rent falls into arrear and his interest is sold. B’s easement is extinguished.
(d) A mortgages Sultanpur to B, and lawfully imposes an easement on the land in favour of C in accordance
with the provisions of section 10. The land is sold to D in satisfaction of the mortgage-debt. The easement is not
thereby extinguished.
**38. Extinction by release.—An easement is extinguished when the dominant owner releases it,**
expressly or impliedly, to the servient owner.
Such release can be made only in the circumstances and to the extent in and to which the dominant
owner can alienate the dominant heritage.
An easement may be released as to part only of the servient heritage.
_Explanation I.—An easement is impliedly released—_
(a) where the dominant owner expressly authorises an act of a permanent nature to be done on
the servient heritage, the necessary consequence of which is to prevent his future enjoyment of the
easement, and such act is done is pursuance of such authority;
(b) where any permanent alteration is made in the dominant heritage of such a nature as to
show that the dominant owner intended to cease to enjoy the easement in future.
_Explanation II.—Mere non-user of an easement is not an implied release within the meaning of_
this section.
1. Ref. by Act 47 of 1963, s. 44 (w.e.f. 1-3-1964).
15
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_Illustrations_
(a) A, B and C are co-owners of a house to which an easement is annexed. A, without the consent of B and
C, releases the easement. This release is effectual only as against A and his legal representative.
(b) A grants B an easement over A’s land for the beneficial enjoyment of his house. B assigns the house to
C. B then purports to release the easement. The release is ineffectual.
(c) A, having the right to discharge his eavesdroppings into B's yard, expressly authorises B to build over
this yard to a height which will interfere with the discharge. B builds accordingly. A’s easement is extinguished
to the extent of the interference.
(d) A, having an easement of light to a window, builds up that window with bricks and mortar so as to
manifest an intention to abandon the easement permanently. The easement is impliedly released.
(e) A, having a projecting roof by means of which he enjoys an easement to discharge eavesdroppings on
B’s land, permanently alters the roof so as to direct the rain-water into a different channel and discharge it on
C’s land. The easement is impliedly released.
**39. Extinction by revocation.—An easement is extinguished when the servient owner, in exercise**
of a power reserved in this behalf, revokes the easement.
**40. Extinction on expiration of limited period or happening of dissolving condition.—An**
easement is extinguished where it has been imposed for a limited period, or acquired on condition that
it shall become void on the performance or non-performance of a specified act, and the period expires
or the condition is fulfilled.
**41. Extinction on termination of necessity.—An easement of necessity is extinguished when the**
necessity comes to an end.
_Illustration_
A grants B a field inaccessible except by passing over A’s adjoining land. B afterwards purchases a part of
that land over which he can pass to his field. The right of way over A’s land which B had acquired is
extinguished.
**42. Extinction of useless easement.—An easement is extinguished when it becomes incapable of**
being at any time under any circumstances beneficial to the dominant owner.
**43. Extinction by permanent change in dominant heritage.—Where, by any permanent change**
in the dominant heritage, the burden on the servient heritage is materially increased and cannot be
reduced by the servient owner without interfering with the lawful enjoyment of the easement, the
easement is extinguished, unless—
(a) it was intended for the beneficial enjoyment of the dominant heritage, to whatever extent the
easement should be used; or
(b) the injury caused to the servient owner by the change is so slight that no reasonable person
would complain of it; or
(c) the easement is an easement of necessity.
Nothing in this section shall be deemed to apply to an easement entitling the dominant owner to
support of the dominant heritage.
**44. Extinction on permanent alteration of servient heritage by superior force.—An easement**
is extinguished where the servient heritage is by superior force so permanently altered that the
dominent owner can no longer enjoy such easement:
Provided that, where a way of necessity is destroyed by superior force, the dominant owner has a
right to another way over the servient heritage; and the provisions of section 14 apply to such way.
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_Illustration_
(a) A grants to B, as the owner of a certain house, a right to fish in a river running through A’s
land. The river changes its course permanently and runs through C’s land. B’s easement is
extinguished.
(b) Access to a path over which A has a right of way is permanently cut off by an earthquake. A’s
right is extinguished.
**45. Extinction by destruction of either heritage.—An easement is extinguished when either the**
dominant or the servient heritage is completely destroyed.
_Illustration_
A has a right of way over a road running along the foot of a sea-cliff. The road is washed away by a
permanent encroachment of the sea. A’s easement is extinguished.
**46. Extinction by unity of ownership.—An easement is extinguished when the same person**
becomes entitled to the absolute ownership of the whole of the dominant and servient heritages.
_Illustrations_
(a) A, as the owner of a house has a right of way over B’s field. A mortgages his house, and B mortgages his
field to C. Then C forecloses both mortgages and becomes thereby absolute owner of both house and field. The
right of way is extinguished.
(b) The dominant owner acquires only part of the servient heritage: the easement is not extinguished, except
in the case illustrated in section 41.
(c) The servient owner acquires the dominant heritage in connection with a third person: the easement is not
extinguished.
(d) The separate owners of two separate dominant heritages jointly acquire the heritage which is servient to
the two separate heritages: the easements are not extinguished.
(e) The joint owners of the dominant heritage jointly acquire the servient heritage: the easement is
extinguished.
(f) A single right of way exists over two servient heritages for the beneficial enjoyment of a single dominant
heritage. The dominant owner acquires one only of the servient heritages. The easement is not extinguished.
(g) A has a right of way over B’s road. B dedicates the road to the public. A’s right of way is not
extinguished.
**47. Extinction by non-enjoyment.—A continuous easement is extinguished when it totally ceases**
to be enjoyed as such for an unbroken period of twenty years.
A discontinuous easement is extinguished when, for a like period, it has not been enjoyed as such.
Such period shall be reckoned, in the case of a continuous easement, from the day on which its
enjoyment was obstructed by the servient owner, or rendered impossible by the dominant owner; and,
in the case of a discontinuous easement, from the day on which it was last enjoyed by any person as
dominant owner:
Provided that if, in the case of a discontinuous easement, the dominant owner, within such period,
registers, under the Indian Registration Act, 1877[1] (3 of 1877), a declaration of his intention to retain
such easement, it shall not be extinguished until a period of twenty years has elapsed from the date of
the registration.
Where an easement can be legally enjoyed only at a certain place, or at certain times, or between
certain hours, or for a particular purpose, its enjoyment during the said period at another place, or at
other times, or between other hours, or for another purpose, does not prevent its extinction under this
section.
The circumstance that, during the said period, no one was in possession of the servient heritage,
or that the easement could not be enjoyed, or that a right accessory thereto was
enjoyed, or that the dominant owner was not aware of its existence, or that he enjoyed it in ignorance
of his right to do so, does not prevent its extinction under this section.
1. See now the Registration Act, 1908 (16 of 1908).
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An easement is not extinguished under this section—
(a) where the cessation is in pursuance of a contract between the dominant and servient owners;
(b) where the dominant heritage is held in co-ownership, and one of the co-owners enjoys the
easement within the said period, or
(c) where the easement is a necessary easement.
Where several heritages are respectively subject to rights of way for the benefit of a single
heritage, and the ways are continuous, such rights shall, for the purposes of this section, be deemed to
be a single easement.
_Illustration_
A has, as annexed to his house, rights of way from the high road thither over the heritages X and Z and the intervening
heritage Y. Before the twenty years expire, A exercises his right of way over X. His rights of way over Y and Z are not
extinguished.
**48. Extinction of accessory rights.—When an easement is extinguished, the rights (if any)**
accessory thereto are also extinguished.
_Illustration_
A has an easement to draw water from B’s well. As accessory thereto, he has a right of way over B’s land to
and from the well. The easement to draw water is extinguished under section 47. The right of way is also
extinguished.
**49. Suspension of easement.—An easement is suspended when the dominant owner become**
entitled to possession of the servient heritage for a limited interest therein, or when the servient owner
becomes entitled to possession of the dominant heritage for a limited interest therein.
**50. Servient owner not entitled to require continuance.—The servient owner has no right to**
require that an easement be continued; and, notwithstanding the provisions of section 26, he is not
entitled to compensation for damage caused to the servient heritage in consequence of the
extinguishment or suspension of the easement, if the dominant owner has given to the servient owner
such notice as will enable him, without unreasonable expense, to protect the servient heritage from
such damage.
**Compensation for damage caused by extinguishment or suspension.—Where such notice has**
not been given, the servient owner is entitled to compensation for damage caused to the servient
heritage in consequence of such extinguishment or suspension.
_Illustration_
A, in exercise of an easement, diverts to his canal the water of B’s stream. The diversion continues for many years, and
during that time the bed of the stream partly fills up. A then abandons his easement, and restores the stream to its ancient
course. B’s land is consequently flooded. B sues A for compensation for the damage caused by the flooding. It is proved that
A gave B a month’s notice of his intention to abandon the easement, and that such notice was sufficient to enable B, without
unreasonable expense, to have prevented the damage. The suit must he dismissed.
**51. Revival of easements.—An easement extinguished under section 45 revives (a) when the**
destroyed heritage is, before twenty years have expired, restored by the deposit of alluvion; (b) when
the destroyed heritage is a servient building and before twenty years have expired such building is
rebuilt upon the same site; and (c) when the destroyed heritage is a dominant building and before
twenty years have expired such building is rebuilt upon the same site and in such a manner as not to
impose a greater burden on the servient heritage.
An easement extinguished under section 46 revives when the grant or bequest by which
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the unity of ownership was produced is set aside by the decree of a competent Court. A necessary
easement extinguished under the same section revives when the unity of ownership ceases from any
other cause.
A suspended easement revives if the cause of suspension is removed before the right is
extinguished under section 47.
_Illustration_
A, as the absolute owner of field Y, has a right of way thither over B’s field Z. A obtains from B a lease of Z
for twenty years. The easement is suspended so long as A remains lessee of Z. But when A assigns the lease to
C, or surrenders it to B, the right of way revives.
CHAPTERVI
LICENSES
**52. “License” defined.—Where one person grants to another, or to a definite number of other**
persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something
which would, in the absence of such right, be unlawful, and such right does not amount to an
easement or an interest in the property, the right is called a license.
**53. Who may grant license.—A license may be granted by any one in the circumstances and to**
the extent in and to which he may transfer his interests in the property affected by the license.
**54. Grant may be express or implied.—The grant of a license may be express or implied from**
the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual
for that purpose, may operate to create a license.
**55. Accessory licenses annexed by law.—All licenses necessary for the enjoyment of any**
interest, or the exercise of any right, are implied in the constitution of such interest or right. Such
licenses are called accessory licenses.
_Illustration_
A sells the trees growing on his land to B. B is entitled to go on the land and take away the trees.
**56. License when transferable.—Unless a different intention is expressed or necessarily implied,**
a license to attend a place of public entertainment may be transferred by the licensee; but, save as
aforesaid, a license cannot he transferred by the licensee or exercised by his servants or agents.
_Illustrations_
(a) A grants B a right to walk over A’s field whenever he pleases. The right is not annexed to any
immovable property of B. The right cannot be transferred.
(b) The Government grant B a license to erect and use temporary grain-sheds on Government land. In the
absence of express provision to the contrary, B’s servants may enter on the land for the purpose of erecting
sheds, erect the same, deposit grain therein and remove grain therefrom.
**57. Grantor’s duty to disclose defects.—The grantor of a license is bound to disclose to the**
licensee any defect in the property affected by the license, likely to be dangerous to the person or
property of the licensee, of which the grantor is, and the licensee is not, aware.
**58. Grantor’s duty not to render property unsafe.—The grantor of a license is bound not to do**
anything likely to render the property affected by the license dangerous to the person or property of
the licensee.
**59. Grantor’s transferee not bound by license.—When the grantor of the license transfers the**
property affected thereby, the transferee is not as such bound by the license.
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**60. License when revocable.—A license may be revoked by the grantor, unless—**
(a) it is coupled with a transfer of property and such transfer is in force;
(b) the licensee, acting upon the license, has executed a work of a permanent character and
incurred expenses in the execution.
**61. Revocation express or implied.—The revocation of a license may be express or implied.**
_Illustrations_
(a) A, the owner of a field, grants a license to B to use a path across it. A, with intent to revoke the
license, locks a gate across the path. The license is revoked.
(b) A, the owner of a field, grants a license to B to stack hay on the field. A lets or sells the field to C.
The license is revoked.
**62. License when deemed revoked.—A license is deemed to be revoked—**
(a) when, from a cause preceding the grant of it, the grantor ceases to have any interest in the
property affected by the license;
(b) when the licensee releases it, expressly or impliedly, to the grantor or his representative;
(c) where it has been granted for a limited period, or acquired on condition that it shall become
void on the performance or non-performance of a specified act, and the period expires, or the
condition is fulfilled;
(d) where the property affected by the license is destroyed or by superior force so permanently
altered that the licensee can not longer exercise his right;
(e) where the licensee becomes entitled to the absolute ownership of the property affected by
the license;
(f) where the license is granted for a specified purpose and the purpose is attained, or
abandoned, or becomes impracticable;
(g) where the license is granted to the licensee as holding a particular office, employment or
character, and such office, employment or character ceases to exist;
(h) where the license totally ceases to be used as such for an unbroken period of twenty years,
and such cessation is not in pursuance of a contract between the grantor and the licensee;
(i) in the case of an accessory license, when the interest or right to which it is accessory ceases
to exist.
**63. Licensee’s rights on revocation.—Where a license is revoked, the licensee is entitled to a**
reasonable time to leave the property affected thereby and to remove any goods which he has been
allowed to place on such property.
**64. Licensee’s rights on eviction.—Where a license has been granted for a consideration, and the**
licensee, without any fault of his own, is evicted by the grantor before he has fully enjoyed, under the
license, the right for which he contracted, he is entitled to recover compensation from the grantor.
______
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|
17-Feb-1882 | 07 | The Powers-of Attorney Act, 1882 | https://www.indiacode.nic.in/bitstream/123456789/2360/1/a1882-07.pdf | central | null |
17-Mar-1882 | 15 | The Presidency Small Cause Courts Act, 1882 | https://www.indiacode.nic.in/bitstream/123456789/2371/1/a1882-15.pdf | central | PREAMBLE
SECTIONS
# THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882
__________
# ARRANGEMENT OF SECTIONS
__________
CHAPTER I
PRELIMINARY
1. Short title.
Commencement.
2. [Repealed.].
3. [Repealed.].
4. “Small Cause Court” and “Registrar” defined.
CHAPTER II
CONSTITUTION AND OFFICERS OF THE COURT
5. Courts of Small Causes established.
6. Court to be deemed under superintendence, etc., of High Court.
7. Appointment of Judges.
8. Rank and precedence of Judges.
8A. Performance of duties of absent Judge.
9. Procedure and practice of Small Cause Court.
10. Chief Judge to distribute business of Court.
11. Procedure in case of difference of opinion.
12. Seal to be used.
13. Appointment of Registrar and other officers.
14. Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees.
15. Judge or other officer not to practise or trade.
CHAPTER III
LAW ADMINISTERED BY THE COURT
16. Questions arising in suits, etc., under Act to be decided according to law administered by High
Court.
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CHAPTER IV
JURISDICTION IN RESPECT OF SUITS
SECTIONS
17. Local limits of jurisdiction of Court.
18. Suits in which Court has jurisdiction.
18A. Plaintiff may abandon suit against defendant resident out of jurisdiction.
19. Suits in which Court has no jurisdiction.
19A. Return of plaint.
20. Court may by consent try suits beyond pecuniary limits of jurisdiction.
21. Suits by and against officers of Court.
22. Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court.
CHAPTER V
PROCEDURE IN SUITS
23. [Repealed.]
24. No written statement except in cases of set-off.
25. Return of documents admitted in evidence.
26. Compensation payable by plaintiff to defendant in certain cases.
27. Decree-holder to accompany officer executing warrant.
28. Things attached to immovable property and removable by tenant to be deemed movable
in execution.
29. Discharge of judgment-debtor on sufficient security.
30. Court may in certain cases suspend execution of decree.
31. Execution of decree of Small Cause Court by other Courts.
Procedure when decree transferred.
32. Minors may sue in certain cases as if of full age.
33. Power to delegate non-judicial duties.
34. Registrar to hear and determine suits like a Judge.
Proviso.
35. Registrar may execute all decrees with the same powers as a Judge.
36. Decrees and orders of Registrar to be subject to new trial as if made by a Judge.
CHAPTER VI
NEW TRIALS AND APPEALS
37. General finality of decrees and orders of Small Cause Court.
38. New trial of contested cases.
39. Removal of certain causes into High Court.
40. Rules with respect to suits removed under the last foregoing section.
CHAPTER VII
RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY
41. Summons against person occupying property without leave.
42. Service of summons.
2
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SECTIONS
43. Order for possession.
44. Such order to justify bailiff entering on property and giving possession.
Bar to proceedings against Judge or officer for issuing, etc., order or summons.
45. Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings.
Occupant may sue for compensation.
46. Liability of applicant obtaining order when not entitled.
Application for order in such case an act of trespass.
47. Stay of proceedings on occupant giving security to bring suit against applicant.
48. Proceedings to be regulated by Code of Civil Procedure.
49. Recovery of possession no bar to suit to try title.
CHAPTER VIII
DISTRESSES
50. Local extent of Chapter.
Saving of certain rents.
51. Appointment of bailiffs and appraisers.
52. Appointees to be public servants.
53. Application for distress-warrant.
54. Issue of distress-warrant.
55. Time for distress.
56. What places bailiff may force open.
57. Property which may be seized.
58. Impounding distress.
59. Inventory.
Notice of intended appraisement and sale.
Copies of inventory and notice to be filed.
60. Application to discharge or suspend warrant.
61. Claim to goods distrained made by a stranger.
62. Power to award compensation to debtor or claimant.
63. Power to transfer to High Court cases involving more than one thousand rupees.
64. Appraisement.
Notice of sale.
65. Sale.
Application of proceeds.
66. Costs of distresses.
67. Account of costs and proceeds.
68. Bar of distresses except under this Chapter.
Penalty for making illegal distresses.
3
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CHAPTER IX
REFERENCES TO HIGH COURT
SECTIONS
69. Reference when compulsory.
70. Security to be furnished on such reference by party against whom contingent judgment
given.
If no such security given, party to be deemed to have submitted to judgment.
CHAPTER X
FEES AND COSTS
71. Institution-fee.
72. Fees for processes.
73. Repayment of half-fees on settlement before hearing.
74. Fees and costs of poor persons.
75. Power to vary fees.
76. Expense of employing legal practitioners.
77. Sections 3, 5 and 25 of Court-fees Act, 1870, saved.
CHAPTER XI
MISCONDUCT OF INFERIOR MINISTERIAL OFFICERS
78. [Repealed.].
79. Default of bailiff or other officer in execution of order or warrant.
80. Extortion or default of officers.
81. Court empowered to summon witnesses, etc.
82. Enforcement of order.
CHAPTER XII
CONTEMPT OF COURT
83. [Repealed.].
84. [Repealed.].
85. [Repealed.].
86. [Repealed.].
87. Imprisonment or committal of person refusing to answer or produce document.
88. Appeal from orders under section 87.
CHAPTER XIII
MISCELLANEOUS
89. Persons by whom process may be served.
90. Registers and returns.
91. Court to furnish records, etc., called for by State Government or High Court.
92. Holidays and vacations.
93. Certain persons exempt from arrest by Court.
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SECTIONS
94. No suit to lie upon decree of Court.
95. Place of imprisonment.
96. Tender in suit for anything done under Act.
97. Limitation of prosecutions.
THE FIRST SCHEDULE.—[Repealed.].
THE SECOND SCHEDULE. —[Repealed.].
THE THIRD SCHEDULE.—FORMS OF AFFIDAVIT, WARRANT, INVENTORY, ETC.
THE FOURTH SCHEDULE .—FEES FOR SUMMONSES AND OTHER PROCESSES.
5
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# THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882
ACT NO. 15 OF 1882[1]
[17th March, 1882.]
An Act to consolidate and amend the law relating to the Courts of Small Causes established in the
Presidency towns.
**Preamble.—WHEREAS it is expedient to consolidate and amend the law relating to the**
Courts of Small Causes established in the towns of Calcutta, Madras and Bombay; It is hereby
enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Short title. Commencement.—This Act may be called the Presidency Small Cause Courts Act,**
1882; and it shall come into force on the first day of July, 1882.
But nothing herein contained shall affect the provisions of the Army Act, [2]*** (44 & 45
Vict., c. 58) section 151, or the rights or liabilities of any person under any decree passed
before that day.
**2.** [Repeal of enactments.]—Rep. by the Repealing Act, 1938 (1 _of_ 1938), _s._ 2 _and_
_Schedule._
**3. [Amendments of Acts.]—Rep. by s. 2 and Schedule, ibid.**
**4. “Small Cause Court” and “Registrar” defined.—In this Act, “the Small Cause Court”**
means the Court of Small Causes constituted under this Act in the town of Calcutta, Madras or Bombay,
as the case may be, [3][and the expression “Registrar” includes a Deputy Registrar].
CHAPTER II
CONSTITUTION AND OFFICERS OF THE COURT
**5. Courts of Small Causes established.—There shall be in each of the towns of Calcutta,**
Madras and Bombay a Court, to be called the Court of Small Causes of Calcutta, Madras or Bombay, as
the case may be.
**6. Court to be deemed under superintendence, etc., of High Court.—The** Small Cause Court
shall be deemed to be a Court subject to the superintendence of the High Court of Judicature at Fort
William, Madras or Bombay, as the case may be, within the meaning of the Letters Patent,
respectively, dated the twenty eighth day of December, 1865, for such High Courts, and within the
meaning of the [4]Code of Civil Procedure (14 of 1882) [5][and to be a court subordinate to the High
Court within the meaning of section 6 of the Legal Practitioners Act, 1879 (18 of 1879)], and the
High Court shall have, in respect of the Small Cause Court, the same powers as it has under the
twenty-fourth and twenty-fifth of Victoria, Chapter 104, section 15, in respect of Courts subject
to its appellate jurisdiction.
1. For first Report of the Select Committee, see Gazette of India, 1881, Pt. V, p. 381; for further Report of the Select Committee,
_see ibid.,_ 1882, Pt. V., p. 3; for Proceedings in Council, _see ibid.,_ Supplement, 1880, pp 1394 and 1433; _ibid.,_ 1882,
Supplement, p. 204; and ibid.. 1882, Extra Supplement, p.43.
This Act has been amended in its local application by Bengal Acts 4 of 1922 and 20 of 1932, Bombay Act 5 of 1933
and Madras Acts 5 of 1916, 3 of 1922 and 3 of 1927, in Bombay by Bombay Act 11 of 1959, in Madras by Madras Act
9 of 1960, in its application to the City of Ahmedabad by Gujarat Act 19 of 1961, in Maharashtra by Maharashtra Acts
35 of 1961, and 19 of 1976, in West Bengal by West Bengal Act 32 of 1969, in Gujarat by Gujarat Acts 28 of 1973 and
31 of 1973.
2. The figures “1881” rep. were by Act 12 of 1891, s. 2 and I Schedule.
3. Added by Act 3 of 1899, s. 2.
4. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
5. Ins. by Act 1 of 1895, s. 2.
6
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1[7. Appointment of Judges.—There shall be appointed from time to time a Chief Judge of the Small
Cause Court and as many other Judges as the State Government thinks fit.]
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 7 of Act XV of 1882.—In the Presidency Small Cause Courts act, 1882 (XV**
of 1882), section 7 shall be renumbered as sub-section (1) of that section, and after sub-section (1) so
renumbered the following new sub-section shall be added, namely:-
“(2) The State Government may also appoint any person to be an additional Chief Judge; and the
Additional Chief Judge shall exercise such powers and perform such duties of the Chief Judge under this
Act or under any law for the time being in force as the State Government may direct.”
[Vide Bombay Act XV of 1966, s. 2]
**8. Rank and precedence of Judges.—The Chief Judge shall be the first of the Judges in rank and**
precedence.
The other Judges shall have rank and precedence as the State Government may, from time to time,
direct.
2[8A. Performance of duties of absent **Judge.—(1) During any absence of the Chief Judge or**
any Judge of the said Court, or during the period for which any Judge is acting as Chief Judge, the
State Government may appoint any person, having [1][the requisite qualifications], to act as Chief
Judge or Judge of the said Court, as the case may be.
(2) Every person so appointed shall be authorised to perform the duties of the Chief Judge or a
Judge of the said Court until the return of the absent Chief Judge or Judge, or of the Judge acting
as Chief Judge, or until the State Government sees cause to cancel the appointment of such acting
Chief Judge or Judge, as the case may be.]
3[9. Procedure and practice of Small Cause Court.—(1) The High Court may, from time to time, by
rules having the force of law,—
(a) prescribe the procedure to be followed and the practice to be observed by the Small
Cause Court either in supersession of or in addition to any provisions which were prescribed
with respect to the procedure or practice of the Small Cause Court on or before the thirty-first
day of December, 1894, in or under this Act or any other enactment for the time being in
force; and
4[(aa) empower the Registrar to hear and dispose of undefended suits and interlocutory
applications or matters; and]
(b) cancel or vary any such rule or rules.
Rules made under this section may provide, among other matters, for the exercise by one or more of
the Judges of the Small Cause Court of any powers conferred on the Small Cause Court by this Act or any
other enactment for the time being in force.
(2) The law, and any rules and declarations made, or purporting to be made, thereunder, with
respect to procedure or practice, in force or treated as in force in the Small Cause Court on the
thirty-first day of December, 1894, shall be in force, unless and until cancelled or varied by rules
made by the High Court under this section.]
1. Subs. by the A.O. 1937.
2. Subs. by Act 3 of 1899, s. 3, for section 8A.
3. Subs. by Act 1 of 1895, s. 5, for section 9.
4. Ins. by Act 3 of 1899, s. 4.
7
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**10. Chief Judge to distribute business of Court.—Subject** to such rules, the Chief Judge may,
from time to time, make such arrangements as he thinks fit for the distribution of the business of
the Court among the various Judges thereof.
**11. Procedure in case of difference of opinion.—Save** as hereinafter otherwise provided, when
two or more of the Judges sitting together differ on any question, the opinion of the majority shall
prevail; and if the Court is equally divided, the Chief Judge, if he is one of the Judges so differing,
or, in his absence, the Judge first in rank and precedence of the Judges so differing, shall have the
casting voice.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 11 of Act XV of 1882.—In section 11 of the Presidency Small Causes**
Courts Act, 1882 (hereinafter referred to as “the principal Act”), for the portion beginning with the
words “and if the Court is equally divided” and ending with the words “casting voice” the following
shall be substituted, namely:-
“and if the Court is equally divided, the Judged shall state the point upon which they differ,
and the case shall then to heard upon that point by another Judge nominated by the Chief Judge
and the point shall be decided, according to the opinion of the majority of the Judges, who have
heard the case, including those who first heard it.”
[Vide Maharashtra Act XXXV of 1961, s. 2]
**12. Seal to be used.—The** Small Cause Court shall use a seal of such form and dimensions as are for
the time being prescribed by the State Government.
1[13. Appointment of Registrar and other officers.—There shall be appointed an officer to be
called the Registrar of the Court who shall be the chief ministerial officer of the Court; there shall also be
appointed a Deputy Registrar and as many clerks, bailiffs and other ministerial officers as may be
necessary for the administration of justice by the Court and for the exercise and performance of the
powers and duties conferred and imposed on it by this Act or any other law for the time being in force.
The Registrar and other officers so appointed shall exercise such powers and discharge such duties, of
a ministerial nature, as the Chief Judge may, from time to time, by rule direct.]
**14. Registrar may be invested with powers of a Judge in suits not exceeding twenty**
**rupees.—The State Government may invest the Registrar with the powers of a Judge under this Act for**
the trial of suits in which the amount or value of the subject-matter does not exceed twenty rupees. And,
subject to the orders of the Chief Judge, any Judge of the Small Cause Court may, whenever he thinks fit,
transfer from his own file to the file of the Registrar any suit which the latter is competent to try.
2[Explanation.—For the purposes of this section an application for possession under section 41 shall
be deemed to be a suit.]
**15. Judge or other officer not to practise or trade.—No Judge or other officer appointed**
under this Act shall, during his continuance as such Judge or officer, either by himself or as a partner of
any other person, practise or act, either directly or indirectly, as an advocate, attorney, vakil or other legal
practitioner, or be concerned, either on his own account or for any other person, or as the partner of any
other person, in any trade or profession.
Any such Judge or officer so practising, acting or concerned shall be deemed to have committed an
offence under section 168 of the Indian Penal Code (45 of 1860).
1. Subs. by the A.O. 1937, for s. 13.
2. Added by Act 1 of 1895, s. 6.
8
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Nothing herein contained shall be deemed to prohibit any such Judge or officer from being a member
of any company incorporated or registered under Royal Charter, Letters Patent, [1][Act of Parliament of the
United Kingdom or Central Act or Provincial Act or [2][State Act]].
CHAPTER III
LAW ADMINISTERED BY THE COURT
**16. Questions arising in suits, etc., under Act to be decided according to law**
**administered by High Court.—All questions, other than questions relating to procedure or practice,**
which arise in suits or other proceedings under this Act in the Small Cause Court shall be dealt with and
determined according to the law for the time being administered by the High Court in the exercise of its
ordinary original civil jurisdiction.
CHAPTER IV
JURISDICTION IN RESPECT OF SUITS
**17. Local limits of jurisdiction of Court.—The local limits of the jurisdiction of each of**
the Small Cause Courts shall be the local limits for the time being of the ordinary original civil
jurisdiction of the High Court.
**18. Suits in which Court has jurisdiction.—Subject to the exceptions in section 19,**
the Small Cause Court shall have jurisdiction to try all suits of a civil nature —
when the amount or value of the subject-matter does not exceed two thousand rupees; and
(a) the cause of action has arisen, either wholly or in part, within the local limits of the
jurisdiction of the Small Cause Court, and the leave of the Court has, for reasons to be recorded
by it in writing, been given before the institution of the suit; or
(b) all the defendants, at the time of the institution of the suit, actually and voluntarily reside,
or carry on business or personally work for gain, within such local limits; or
(c) any of the defendants at the time of the institution of the suit, actually and
voluntarily resides, or carries on business or personally works for gain, within such local
limits, and either the leave of the Court has been given before the institution of the suit, or
the defendants who do not reside, or carry on business, or personally work for gain, as
aforesaid, acquiesce in such institution:
3[Provided that where the cause of action has arisen wholly within the local limits aforesaid, and the
Court refuses to give leave for the institution of the suit, it shall record in writing its reason for such
refusal.]
_Explanation I.—When_ in any suit the sum claimed is, by a set-off admitted by both parties, reduced to
a balance not exceeding two thousand rupees, the Small Cause Court shall have jurisdiction to try such
suit.
_Explanation II.—Where_ a person has a permanent dwelling at one place and also a lodging at
another place for a temporary purpose only, he shall be deemed to reside at both places in respect of
any cause of action arising at the place where he has such temporary lodging.
_Explanation III.—A_ Corporation or Company shall be deemed to carry on business at its sole
or principal office in [4][India], or, in respect of any cause of action arising at any place where it
has also a subordinate office, at such place.
1. Subs. by the A.O. 1950, for certain words.
2. Subs. by the A.O. (No. 2) 1956, for “Act of the Legislature of a Part A State or a Part C State”.
3. Added by Act 1 of 1895, s. 7.
4. Subs. by the A.O. (No. 2) 1956, for “a Part A State or a Part C State”.
9
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**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 18 of Act XV of 1882.—In section 18 of the Presidency Small Cause**
Court Act, 1882 (XV of 1882), in its application to the State of Maharashtra (hereinafter referred
to as the “Principal Act”) after the first proviso, the following proviso shall be, and shall be
deemed to have been, inserted with effect from the 3 [rd] July 1975, namely:-
“Provided further that the Chief Judge may, subject to the direction and control of the High
Court and to such conditions and limitations as he deems fit to impose, empower the Registrar to
entertain and dispose of applications for the purpose of giving such leave under clauses (a) and
(c) and, when so empowered, the Registrar shall be deemed to be the Court for that purpose.”
[Vide Maharashtra Act XXVI of 1987, s. 2]
**1[18A. Plaintiff may abandon suit against defendant resident out of jurisdiction.—The** Small
Cause Court may allow a plaintiff at or before the first hearing of a suit in which a joint and several
liability is alleged on a cause of action arising either wholly or in part within the local limits of the
jurisdiction of the Court to abandon the suit as against any defendant who does not reside or carry on
business or personally work for gain within such local limits, and to sue for a decree against such
defendants only as do so reside, carry on business or personally work for gain.]
**19. Suits in which Court has no jurisdiction.—The** Small Cause Court shall have no jurisdiction
in—
(a) suits concerning the assessment or collection of the revenue;
2[(b) suits concerning any act done by or by order of the Central Government, 3*** or the State
Government;]
(c) suits concerning any act ordered or done by any Judge or judicial officer in the execution of his
office, or by any person in pursuance of any judgment or order of any Court or any such Judge or
judicial officer;
(d) suits for the recovery of immovable property;
(e) suits for the partition of immovable property;
(f) suits for the foreclosure or redemption of a mortgage of immovable property;
(g) suits for the determination of any other right to or interest in immovable property;
(h) suits for the specific performance or rescission of contracts;
(i) suits to obtain an injunction;
(j) suits for the cancellation or rectification of instruments;
(k) suits to enforce a trust;
(l) suits for a general average loss and suits on policies of insurance on sea going vessels;
(m) suits for compensation in respect of collisions on the high seas;
(n) suits for compensation for the infringement of a patent, copyright or trade-mark;
(o) suits for a dissolution of partnership or for an account of partnership-transactions;
(p) suits for an account of property and its due administration under the decree of the Court;
(q) suits for compensation for libel, slander, malicious prosecution, adultery or breach of promise
of marriage;
1. Added by Act 1 of 1895, s. 8.
2. Subs. by the A.O. 1937.
3. The words “the Crown Representative” omitted by the A.O. 1950.
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(r) suits for the restitution of conjugal rights, [1]*** or for a divorce;
(s) suits for declaratory decrees;
(t) suits for possession of a hereditary office;
(u) suits against Sovereign Princes or Ruling Chiefs, or against Ambassadors or Envoys of Foreign
States;
(v) suits on any judgment of a High Court;
(w) suits the cognizance whereof by the Small Cause Court is barred by any law for the time being
in force.
**2[19A. Return of plaint.—Whenever the Court finds that for want of jurisdiction it cannot**
finally determine the question at issue in the suit, it may at any stage of the proceedings return the
plaint to be presented to a Court having jurisdiction to determine the question. When the Court so
returns a plaint, it shall comply with the provisions of the second paragraph of section 57 of the
3Code of Civil Procedure (14 of 1882) and make such order with respect to costs as it may think
just, and the Court shall for the purposes of the Indian Limitation Act, 1877 (15 of 1877) be
deemed to have been unable to entertain the suit by reason of defect of jurisdiction. When a plaint
so returned is afterwards presented to a High Court, credit shall be given to the plaintiff for the
amount of the court-fee paid in the Small Cause Court in respect of the plaint in the levy of any
fees which according to the practice of the High Court are credited to the Government.]
**20. Court may by consent try suits beyond pecuniary limits of jurisdiction.—When the**
parties to a suit, which, if the amount or value of the subject-matter thereof did not exceed two
thousand rupees, would be cognizable by the Small Cause Court, have entered into an agreement in
writing that the Small Cause Court shall have jurisdiction to try such suit, the Court shall have
jurisdiction to try the same, although the amount or value of the subject-matter thereof may exceed
two thousand rupees.
Every such agreement shall be filed in the Small Cause Court, and, when so filed, the parties to
it shall be subject to the jurisdiction of the Court, and shall be bound by its decision in such suit.
**21. Suits by and against officers of Court.—All suits to which an officer of the Small Cause**
Court is, as such, a party, except suits in respect of property taken in execution of its process,
or the proceeds or value thereof [4][and all suits whereof the amount or value of the subjectmatter exceeds one thousand rupees] may be instituted in the High Court at the election of the
plaintiff as if this Act had not been passed.
**22. Costs when plaintiff sues in High Court in other cases cognizable by Small Cause**
**Court.—If any suit cognizable by the Small Cause Court other than a suit to which section 21**
applies, is instituted in the High Court, and if in such suit the plaintiff obtains, in the case of a
suit founded on contract, a decree for any matter of an amount or value less than [5] [one
thousand] rupees, and in the case of any other suit a decree for any matter of an amount or
value of less than three hundred rupees, no costs shall be allowed to the plaintiff;
and if in any such suit the plaintiff does not obtain a decree, the defendant shall be entitled to his costs
as between attorney and client.
The foregoing rules shall not apply to any suit in which the Judge who tries the same certifies that it
was one fit to be brought in the High Court.
1. The words “for the recovery of a wife” rep. by Act 10 of 1914, s. 3 and II Schedule.
2.Added by Act 1 of 1895, s. 9.
3. See now the relevant provision of the Code of Civil Procedure, 1908 (Act 5 of 1908).
4. Ins. by Act 1 of 1895, s. 10.
5. Subs. by s. 11, ibid., for “two thousand”.
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CHAPTER V
PROCEDURE IN SUITS
**23. [Portions of Civil Procedure Code extending to Court.** ] Rep. by the Presidency Small
_Cause Courts Act, 1895,(1 of 1895), s. 12._
**24. No written statement except in cases of set-off.—Except in cases of set-off under the**
1Code of Civil Procedure (14 of 1882), section 111, no written statement shall be received
unless required by the Court.
**25. Return of documents admitted in evidence.—When** a period of eight days from the
decision of a suit has expired without any application for a new trial or re -hearing of such
suit having been made, or when any such application has been made within such period and
such application has been refused, or the new trial or re-hearing (as the case may be) has
ended, any person, whether a party to the suit or not, desirous of receiving back any
document produced by him in the suit and placed on the record, shall, unless the doc ument
is impounded under section 143 of the [1]Code of Civil Procedure (14 of 1882), be entitled to
receive back the same:
Provided that a document may be returned at any time before any of such events on such
terms as the Court may direct: provided also that no document shall be returned which, by
force of the decree, has become void or useless.
On the return of a document which has been admitted in evidence, a receipt shall be
given, by the party receiving it, in a receipt-book to be kept for the purpose.
**26. Compensation payable by plaintiff to defendant in certain cases.—In** any suit in which
the defendant appears and does not admit the claim, and the plaintiff does not obtain a decree for
the full amount of his claim, the Small Cause Court may in its discretion order the plaintiff to pay
to the defendant, by way of satisfaction for his trouble and attendance, such sum as it thinks fit.
When any claim preferred, or objection made, under section 278 of the [3]Code of Civil
Procedure (14 of 1882), is disallowed, the Small Cause Court may in its discretion order the
person preferring or making such claim or objection to pay to the decree-holder, or to the
judgment-debtor, or to both by way of satisfaction as aforesaid, such sum or sums as it thinks
fit.
And when any claim or objection is allowed the Court may award such compensation by way
of damages to the claimant or objector as it thinks fit; and the order of the Court awarding or refusing
such compensation shall bar any suit in respect of injury caused by the attachment.
Any order under this section may, in default of payment of the amount payable thereunder, be
enforced by the person in whose favour it is made against the person against whom it is made as if it were
a decree of the Court.
**27. Decree-holder to accompany officer executing warrant.—Whenever the Small Cause**
Court issues a warrant for the arrest of a judgment-debtor on the attachment of his property, the
decree-holder, or some other person on his behalf, shall accompany the officer of the Court
entrusted with the execution of such warrant, and shall point out to such officer the judgment-debtor
or the property to be attached, as the case may be.
**28. Things attached to immovable property and removable by tenant to be deemed movable**
**in execution.—When** the judgment-debtor under any decree of the Small Cause Court is a tenant of
immovable property, anything attached to such property, and which he might before the termination of
his tenancy lawfully remove without the permission of his landlord, shall, for the purpose of the
execution of such decree [2][and for the purpose of deciding all questions arising in the execution of
such decree], be deemed to be movable property, and may, if sold in such execution, be severed by the
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. Ins. by Act 4 of 1906, s. 2.
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purchaser, but shall not be removed by him from the property until he has done to the property
whatever the judgment-debtor would have been bound to do to it if he had removed such thing.
**29. Discharge of judgment-debtor on sufficient security.—Whenever any judgment-debtor,**
who has been arrested or whose property has been seized in execution of a decree of the Small
Cause Court, offers security to the satisfaction of such Court for payment of the amount which he
has been ordered to pay and the costs the Court, may order him to be discharged or the property to
be released.
**30. Court may in certain cases suspend execution of decree.—Whenever** it appears to the
Small Cause Court that any judgment-debtor under its decree is unable, from sickness, poverty or
other sufficient cause, to pay the amount of the decree, or, if such Court has ordered the same to be
paid in instalments, the amount of any instalment thereof, it may, from time to time, for such time
and upon such terms as it thinks fit, suspend the execution of such decree and discharge the debtor,
or make such order as it thinks fit.
**31. Execution of decree of Small Cause Court by other Courts.—If the judgment-debtor under**
any decree of the Small Cause Court has not, within the local limits of its jurisdiction, movable
property sufficient to satisfy the decree, the Court may, on the application of the decree-holder, send
the decree for execution—
(a) in the case of execution against immovable property situate within such local limits—[1][to the
Madras City Civil Court or the High Court of Judicature at Fort William or Bombay, as the case may
be];
(b) in all other cases—to any Civil Court within the local limits of whose jurisdiction such
judgment-debtor, or any movable or immovable property of such judgment-debtor, may be found.
**Procedure when decree transferred.—The** procedure prescribed by the [2]Code of Civil Procedure
(14 of 1882) for the execution of decrees by Courts other than those which made them shall be the
procedure followed in such cases.
**32. Minors may sue in certain cases as if of full age.—Notwithstanding anything contained in**
the [2]Code of Civil Procedure (14 of 1882) as applied by this Act, any minor may institute a suit for any
sum of money, not exceeding five hundred rupees, which may be due to him under section 70 of the
Indian Contract Act, 1872 (9 of 1872), for wages or piecework or for work as a servant, in the same
manner as if he were of full age.
**33. Power to delegate non-judicial duties.—Any non-judicial or quasi-judicial act which**
the [2]Code of Civil Procedure (14 of 1882) as applied by this Act requires to be done by a Judge,
and any act which may be done by a Commissioner appointed to examine and adjust accounts
under section 394 of that Code as so applied, may be done by the Registrar of the Small Cause
Court or by such other officer of that Court as that Court may, from time to time, appoint in this
behalf.
The High Court may, from time to time, by rule, declare what shall be deemed to be non-judicial and
quasi-judicial acts within the meaning of this section.
**34. Registrar to hear and determine suits like a Judge.—The** suits cognizable by the Registrar
under section 14 shall be heard and determined by him in like manner in all respects as a Judge of the
Court might hear and determine the same:
**Proviso.—Provided that, subject to the control of the Chief Judge, any Judge of the Court may,**
whenever he thinks fit, transfer to his own file any suit on the file of the Registrar.
**35. Registrar may execute all decrees with the same powers as a Judge.—The Registrar may**
receive applications for the execution of decrees of any value passed by the Court, and may commit and
1. Subs. by Act 7 of 1892, s. 12, for “to the high court”.
2. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
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discharge judgment-debtors, and make any order in respect thereof which a Judge of the Court might
make under this Act.
**36. Decrees and orders of Registrar to be subject to new trial as if made by a Judge.—Every**
decree and order made by the Registrar in any suit or proceeding shall be subject to the same provisions
in regard to new trial as if made by a Judge of the Court.
1[CHAPTER VI
NEW TRIALS AND APPEALS
**37. General finality of decrees and orders of Small Cause Court.—Save** as otherwise provided by
this Chapter or by any other enactment for the time being in force, every decree and order of the Small
Cause Court in a suit shall be final and conclusive.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 37 of Act XV of 1882.—In section 37 of the Presidency Small Cause Courts**
Act, 1882 (XV of 1882), in its application to the State of Maharashtra (hereinafter to as “the principal
Act”), after the words “by this Chapter” the words “or by Chapter VII” shall be inserted.
[Vide Maharashtra Act XIX of 1976, s. 2]
**38. New trial of contested cases.—Where a suit has been contested, the Small Cause Court may,**
on the application of either party, made within eight days from the date of the decree or order in the
suit [not being a decree passed under section 522 of the [1]Code of Civil Procedure (14 of 1882)], order
a new trial to be held, or alter, set aside or reverse the decree or order, upon such terms as it thinks
reasonable, and may, in the meantime, stay the proceedings.
_Explanation.—Every suit shall be deemed to be contested in which the decree is made otherwise than_
by consent of or in default of appearance by the defendant.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 38 of Act XV of 1882.—In section 38 of the principal act,--**
(a) the Explanation shall be renumbered as Explanation 1;
(b) after Explanation I so renumbered, the following Explanation shall be added, namely:-
“Explanation 2.—Nothing contained in this section shall apply to suits under Chapter VII,”
[Vide Maharashtra Act XIX of 1976, s. 3]
**39. Removal of certain causes into High Court.—(1)** In any suit instituted in a Small Cause
Court in which the amount of value of the subject-matter exceeds the sum of one thousand rupees,
the defendant or any one of the defendants may, before the day fixed by the summons for the
appearance of the defendant or within eight days after the service of the summons on him, whichever
period shall last expire, apply ex parte on an affidavit setting forth the facts on which he relies for his
defence to a Judge of the High Court for an order removing the cause into the High Court.
2[(2) Unless the Judge is of opinion that the application has been made solely for the purpose of delay,
the applicant shall be entitled to such order as of right:
Provided that the removal directed by such order shall, unless the Judge otherwise directs, be
conditional upon the applicant giving security, to the approval of the Judge, within a reasonable time to be
prescribed in the order for the payment of the amount claimed and of the costs which may become
payable by him to the plaintiff in respect of the said suit.]
1. Subs. by Act 1 of 1895, s. 13, for Chapter VI.
2. Subs. by Act 4 of 1906, s. 3, for sub-section (2).
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(3) If the applicant fail or neglect to complete the required security (if any) within the prescribed time
(if any), the said order shall be discharged and the suit shall proceed in the Small Cause Court as if such
order had never been made.
(4) If the plaintiff in any case which has been removed under this section into the High Court has
abandoned a portion of his claim in order to be able to bring the suit within the jurisdiction of a Small
Cause Court, he shall be permitted to revive the portion of his claim so abandoned.
**40.** **Rules with respect to suits removed under the last foregoing section.—(1) When a suit**
has been removed into the High Court under the last foregoing section, it shall be heard and disposed of
by such Court in the exercise of its original jurisdiction, and the said Court shall have all the same powers
and jurisdiction in respect thereof as if it had been originally instituted such Court.
(2) In every suit so removed as aforesaid the affidavit filed under section 39, sub-section (1), shall be
treated as a written statement of the defendant tendered under section 110 of the [1]Code of Civil Procedure
(14 of 1882) unless the Court shall otherwise order.
(3) In every suit so removed as aforesaid credit shall be given to the plaintiff for the amount of the
court-fee paid in the Small Cause Court in respect of the plaint in the levy of any fees which according to
the practice of the High Court are payable to the Government.]
CHAPTER VII
RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY
**41. Summons against person occupying property without leave.—When any person has had**
possession of any immovable property situate within the local limits, of the Small Cause Court’s
jurisdiction and of which the annual value at a rack-rent does not exceed [2][two] thousand rupees,
as the tenant, or by permission, of another person, or of some person through whom such other
person claims,
and such tenancy or permission has determined or been withdrawn,
and such tenant or occupier or any person holding under or by assignment from him (hereinafter called
the occupant) refuses to deliver up such property in compliance with a request made to him in this behalf
by such other person,
such other person (hereinafter called the applicant) may apply to the Small Cause Court for a
summons against the occupant, calling upon him to show cause, on a day therein appointed, why he
should not be compelled to deliver up the property.
**42. Service of summons.—The** summons shall be served on the occupant in the manner
provided by the [1]Code of Civil Procedure (14 of 1882) for the service of a summons on a defendant.
**43. Order for possession.—If the occupant does not appear at the time appointed and show cause**
to the contrary, the applicant shall, if the Small Cause Court is satisfied that he is entitled to apply under
section 41, be entitled to an order addressed to a bailiff of the Court directing him to give possession of
the property to the applicant on such day as the Court thinks fit to name in such order.
_Explanation.—If the occupant proves that the tenancy was created or permission granted by virtue of_
a title which determined previous to the date of the application, he shall be deemed to have shown cause
within the meaning of this section.
**44. Such order to justify bailiff entering on property and giving possession. Bar to**
**proceedings against Judge or officer for issuing, etc., order or summons.—Any such order**
shall justify the bailiff to whom it is addressed in entering after the hour of six in the morning and before
the hour of six in the afternoon upon the property named therein, with such assistants, as he thinks
necessary, and giving possession of such property to the applicant; and no suit or prosecution shall be
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. Subs. by Act 9 of 1912, s. 2, for “one”.
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maintainable against any Judge or officer of the Small Cause Court by whom any such order as aforesaid
was issued, or against any bailiff or other person by whom the same was executed, or by whom any such
summons as aforesaid was served, for the issue, execution or service of any such order or summons, by
reason only that the applicant was not entitled to the possession of the property.
**45. Applicant, if entitled to possession, not to be deemed trespasser for any error in**
**proceedings. Occupant may sue for compensation.—When the applicant, at the time of**
applying for any such order as aforesaid, was entitled to the possession of such property, neither he nor
any person acting in his behalf shall be deemed, on account of any error, defect or irregularity in the mode
of proceeding to obtain possession thereunder, to be a trespasser; but any person aggrieved may bring a
suit for the recovery of compensation for any damage which he has sustained by reason of such error,
defect or irregularity:
when no such damage is proved, the suit shall be dismissed; and when such damage is proved but the
amount of the compensation assessed by the Court does not exceed ten rupees, the Court shall award to
the plaintiff no more costs than compensation, unless the Judge who tries the case certifies that in his
opinion full costs should be awarded to the plaintiff.
**46. Liability of applicant obtaining order when not entitled.—Nothing herein contained**
shall be deemed to protect any applicant obtaining possession of any property under this Chapter from a
suit by any person deeming himself aggrieved thereby, when such applicant was not at the time of
applying for such order as aforesaid entitled to the possession of such property.
**Application for order in such case an act of trespass.—And when the applicant was not, at**
the time of applying for any such order as aforesaid, entitled to the possession of such property, the
application for such order, though no possession is taken thereunder, shall be deemed to be an act of
trespass committed by the applicant against the occupant.
**47. Stay of proceedings on occupant giving security to bring suit against**
**applicant.—Whenever on an application being made under section 41 the occupant binds himself, with**
two sureties, in a bond for such amount as the Small Cause Court thinks reasonable, having regard to the
value of the property and the probable costs of the suit next hereinafter mentioned, to institute without
delay a suit in the High Court against the applicant for compensation for trespass and to pay all the costs
of such suit in case he does not prosecute the same or in case judgment therein is given for the applicant,
the Small Cause Court shall stay the proceedings on such application until such suit is disposed of.
If the occupant obtains a decree in any such suit against the applicant, such decree shall supersede the
order (if any) made under section 43.
Nothing contained in section 22 shall apply to suits under this section.
**48. Proceedings to be regulated by Code of Civil Procedure.—In all proceedings under**
this Chapter, the Small Cause Court shall, as far as may be and except as herein otherwise provided,
follow the procedure prescribed for a Court of first instance by the [1]Code of Civil Procedure (14 of 1882).
**49. Recovery of possession no bar to suit to try title.—Recovery of the possession of any**
immovable property under this Chapter shall be no bar to the institution of a suit in the High Court for
trying the title thereto.
**STATE AMENDMENT**
**Maharashtra**
**Substitution of Chapter VII of Act XV of 1882.—For Chapter VII of the principal Act, the**
following Chapter shall be substituted, namely:-
“CHAPTER VII
RECOVERY OF POSSESSION OF CERTAIN IMMOVABLE PROPERTY AND CERTAIN LICENCE FEES AND RENT.
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
16
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**“41.** **Suits or Proceedings between licensors and licenses or landlords and fenants for recovery of**
**possession of immovable property and licence fees or rent, except to those to which other Acts apply**
**to lie in Small Cause Court.—(1) Notwithstanding anything contained elsewhere in this Act or in any**
other law for the time being in force, but subject to the provisions of sub-section (2), the Court of Small
Causes shall have jurisdiction to entertain and try all suits and proceedings between a licensor and
licensee, or a landlord and tenant, relating to the recovery of possession of any immovable property
situated in Greater Bombay, or relating to the recovery of the licence fee or charges or rent therefore,
irrespective of the value of the subject matter of such suits or proceedings.
(2) Nothing contained in sub-section (1) shall apply to suits or proceedings for the recovery of
possession of any immovable property, or of licence fee or charges or rent thereof, to which the
provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of
1947), the Bombay Government Premises (Eviction) act, 1955 (Bom. II of 1956), the Bombay Muncipal
Corporation Act, the Bombay Housing Board Act, 1948 (Bom LXIX of 1948), or any other law for the
time being in force, applies.
**42. Appeal.—(1) An appeal shall lie from a decree or order made by the Small Cause Court**
exercising jurisdiction under section 41, to a bench of two Judges of the said Court, which shall not
include the Judge who made such decree or order:
Provided that, no such appeal shall lie from a decree or order made in any suit or proceeding in
respect of which no appeal lies under the Code of Civil Procedure, 1908 (V of 1908).
(2) Every appeal under sub-section (1) shall be made within thirty days from the date of the deree or
order, as the case may be.
Provided that, in computing the period, of limitation prescribed by this sub-section, the provisions
contained in section 4, 5 and 12 of the Limitation act, 1963 (XXX of VI of 1963),shall, so far as may be
apply.
(4) Where no appeal lies under sub-section from a decree or order in any suit or proceeding, the
bench of two Judges specified in sub-section (1) may, for the purpose of satisfying itself that the decree or
order was according to law, call for the case in which such decree or order was made and pass such order
with respect thereto as it thinks fit.
**43. Procedure.—In all suit, appeals and proceedings under this Chapter, the Small Cause Court shall**
as far as possible and except as herein otherwise provided, follow the procedure prescribed by the Code
of Civil Procedure, 1908 (V of 1908).
**44. Court fees.—The court fees leviable in suits, appeals and proceedings under this Chapter shall be**
the same as are chargeable under Chapter III of the Bombay Court-fees Act, 1959 (Bom. XXXVI of
1959), and the provisions of that Act shall apply to the recovery of such court-fees.
**45. Savings of suits involving title.—Nothing contained in this Chapter shall be deemed to bar a**
party to a suit, appeal or proceeding mentioned therein in which a question of title to any immovable
property arises and is determined, from suing in a competent court to establish his title to such property.
**46. Saving of pending proceedings.—(1) All suits and other proceedings cognizable by the Small**
Cause Court under this Chapter and pending in the high Court or the Bombay City Civil Court, on the
date of coming into force of the Presidency Small Cause courts (Maharashtra Amendment) act, 1975
(Mah. XIX of 1976), shall be continued and disposed of by the High Court or the City Civil Court, as the
case may be, as if this Act had not been passed.
(2) All applications and other proceedings filed in the Small Cause Court under this Chapter and
pending in that Court, on the date aforesaid, shall be continued and disposed of by the Small Cause Court,
as if this Act had not been passed.”
[Vide Maharashtra act XIX of 1976, s. 4]
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CHAPTER VIII
DISTRESSES
**50. Local extent of Chapter. Saving of certain rents.—This Chapter extends to every place**
within the local limits of the ordinary original civil jurisdictions of the High Courts of Judicature
at Fort William, Madras and Bombay. But nothing contained in this Chapter applies—
(a) to any rent due to Government;
(b) to any rent which has been due for more than twelve months before the application mentioned
in section 53.
1 [51. Appointment of bailiffs and appraisers.—Four or more persons shall be appointed
bailiffs and appraisers for the purposes of this Chapter.]
**52. Appointees to be public servants.—The persons so appointed [2]*** shall be deemed to be**
public servants within the meaning of the Indian Penal Code (45 of 1860).
**53. Application for distress-warrant.—Any person claiming to be entitled to arrears of rent of**
any house or premises to which this Chapter extends, or his duly constituted attorney, may apply to any
Judge of the Small Cause Court, or to the Registrar of the Small Cause Court, for such warrant as is
hereinafter mentioned.
The application shall be supported by an affidavit or affirmation to the effect of the form (marked A)
in the Third Schedule hereto annexed.
**STATE AMENDMEMT**
**Maharashtra**
**Amendment of section 53 of Act XV of 1882.—In section 53 of the principal Act,--**
(a) the first paragraph shall be numbered as sub-section (1) of that section and to sub-section (1)
as so numbered, the following proviso shall be added, namely:-
“Provided that before making an application such person shall give 15 days’ notice to the
person liable to pay the arrears of rent making a demand of the said arrears.”
(b) the second paragraph shall be numbered as sub-section (2) of that section and in sub-section (2) as so
numbered, after the words “The application” the words, brackets and figure “made under sub-section ()”
shall be inserted.
[Vide Maharashtra Act XXXV of 1961, s. 3]
**54. Issue of distress-warrant.—The Judge or Registrar may thereupon issue a warrant under his**
hand and seal and returnable within six days, to the effect of the form (marked B) contained in the same
Schedule, addressed to any one of such bailiffs.
The Judge or Registrar may at his discretion, upon personal examination of the person applying for
such warrant, decline to issue the same.
**55. Time for distress.—Every distress under this Chapter shall be made after sunrise and before**
sunset, and not at any other time.
**56. What places bailiff may force open.—The bailiff directed to make the distress may force**
open any stable, outhouse or other building, and may also enter any dwelling-house, the outer door of
which may be open, and may break open the door of any room in such dwelling-house for the purpose of
seizing property liable to be seized under this Chapter:
Provided that he shall not enter or break open the door of any room appropriated for the _zenana or_
residence of women, which by the usage of the country is considered private.
1. Subs. by the A.O. 1937, for section 51.
2. Certain words omitted, ibid.
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**57. Property which may be seized.—In pursuance of the warrant aforeasaid, the bailiff shall seize**
the movable property found in or upon the house or premises mentioned in the warrant and belonging to
the person from whom the rent is claimed (hereinafter called the debtor), or such part thereof as may, in
the bailiff’s judgment, be sufficient to cover the amount of the said rent, together with the costs of the said
distress:
Provided that the bailiff shall not seize—
(a) things in actual use; or
(b) tools and implements not in use, where there is other movable property in or upon the house or
premises sufficient to cover such amount and costs; or
(c) the debtor’s necessary wearing apparel; or
(d) goods in the custody of the law.
**58. Impounding distress.** —The bailiff may impound or otherwise secure the property so seized
in or on the house or premises chargeable with the rent.
**59. Inventory. Notice of intended appraisement and sale.—On seizing any property**
under section 57 the bailiff shall make an inventory of such property and shall give a notice in writing to
the effect of the form (marked C) in the third schedule hereto annexed to the debtor, or to any other
person upon his behalf in or upon the said house or premises.
**Copies of inventory and notice to be filed.—The bailiff shall, as soon as may be, file in the Small**
Cause Court copies of the said inventory and notice.
**60. Application to discharge or suspend warrant.—The debtor or any other person**
alleging himself to be the owner of any property seized under this Chapter, or the duly constituted
attorney of such debtor or other person, may, at any time within five days from such seizure, apply to any
Judge of the said Court to discharge or suspend the warrant, or to release a distrained article, and such
Judge may discharge or suspend such warrant or release such article accordingly, upon such terms as he
thinks just,
and any of the Judges of the said Court may in his discretion give reasonable time to the debtor to pay
the rent due from him.
Upon any such application, the costs attending it and attending the issue and execution of the warrant
shall be in the discretion of the Judge, and shall be paid as he directs.
**61. Claim to goods distrained made by a stranger.** —If any claim is made to, or in respect
of, any property seized under this Chapter, or in respect of the proceeds or value thereof, by any person
not being the debtor, the Registrar of the Small Cause Court, upon the application of the bailiff who
seized the property, may issue a summons calling before the Court the claimant and the person who
obtained the warrant.
And thereupon any suit which may have been brought in the High Court in respect of such claim shall
be stayed, and any Judge of the High Court, on proof of the issue of such summons and that the property
was so distrained, may order the plaintiff to pay the costs of all proceedings in such suit after the issue of
such summons.
And a Judge of the Small Cause Court shall adjudicate upon such claim and make such order between
the parties in respect thereof and of the costs of the proceedings as he thinks fit;
and such order shall be enforced as if it were an order made in a suit brought in such Court.
The procedure in Small Cause Courts in cases under this section shall conform, as far as may be, to the
procedure in an ordinary suit in such Courts.
**62. Power** **to award compensation to debtor or claimant.** —In any case under section 60
or section 61 the Judge by whom the case is heard may award such compensation by way of damages to
the applicant or claimant (as the case may be) as the Judge thinks fit,
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and may for that purpose make any inquiry he thinks necessary;
and the order of the Judge awarding or refusing such compensation shall bar any suit for the recovery
of compensation for any damage caused by the distress.
**63. Power to transfer to High Court cases** **involving more than one thousand**
**rupees.—In any case under section 60 or section 61, if the value of the subject-matter in dispute exceeds**
one thousand rupees, the applicant or claimant may apply to the High Court to transfer the case to itself,
and the High Court, on being satisfied that it is expedient that the case should be disposed of by itself,
may direct the case to be transferred accordingly, and may thereupon alter or set aside any order passed in
the case by a Judge of the Small Cause Court, and may make such order therein as the High Court thinks
fit.
Every application under this section shall be made within seven days from the date of the seizure of
the subject-matter in dispute.
In granting applications under this section, the High Court may impose such terms as to
payment of, or giving security for, costs or otherwise as it thinks fit.
The procedure in cases transferred under this section shall conform, as far as may be, to the
procedure in suits before the High Court in the exercise of its ordinary original civil jurisdiction;
and orders made under this section may be executed as if they were made in the exercise of such
jurisdiction, and every such order awarding or refusing compensation shall bar any suit for the
recovery of compensation for any damage caused by the distress which gave rise to the case
wherein such order was made.
**64. Appraisement.—In default of any order to the contrary by a Judge of the Small Cause**
Court or by the High Court, any two of the said bailiffs may, at the expiration of five days from a
seizure of property under this Chapter, appraise the property so seized, and give the debtor notice
in writing to the effect of the form (marked D) in the third schedule hereto annexed.
**Notice of sale.—The bailiffs shall file in the Small Cause Court a copy of every notice given under**
this section.
**65. Sale. Application of proceeds.—In default of any such order to the contrary, the**
distrained property shall be sold on the day mentioned in such notice, and the said bailiffs shall,
on realizing the proceeds, pay over the amount thereof to the Registrar of the Small Cause Court;
and such amount shall be applied first in payment of the costs of the said distress and then in
satisfaction of the debt; and the surplus, if any, shall be returned to the debtor:
Provided that the debtor may direct that the sale shall take place in any other manner, first giving
security for any extra costs thereby occasioned.
**66. Costs of distresses.—No costs of any distress under this Chapter shall be taken or demanded**
except those mentioned in the part (marked E) of the third schedule hereto annexed.
1* - - -
**67. Account of costs and proceeds.—The Registrar of the Small Cause Court shall keep a**
book in which all sums received as costs upon distresses made under this Chapter, and all sums
paid as remuneration to the said bailiffs, and all contingent charges incurred in respect of such
distresses, shall be duly entered.
He shall also enter in the said book all sums realised by sale of the property distrained and paid over
to landlords under the provisions of this Chapter.
**68. Bar of distresses except under this Chapter.—No distress shall be levied for arrears of rent**
except under the provisions of this Chapter;
1. Second paragraph Rep. by the A.O. 1937.
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**Penalty for making illegal distresses.—and any person, except a bailiff appointed under**
section 51, levying or attempting to levy any such distress, shall, on conviction before a
Presidency Magistrate, be liable to be punished with fine which may extend to five hundred
rupees and with imprisonment for a term which may extend to three months, in addition to any
other liability he may have incurred by his proceedings.
CHAPTER IX
REFERENCES TO HIGH COURT
1[69. Reference when compulsory.—(1) If two or more Judges of the Small Cause Court sit
together in any suit, or in any proceeding under Chapter VII of this Act, and differ in their
opinion as to any question of law or usage having the force of law or the construction of a
document, which construction may affect the merits, or
if in any suit or in any such proceeding, in which the amount or value of the subject-matter exceeds
five hundred rupees, any such question arises upon which the Court entertains reasonable doubt, and
either party so requires,
the Small Cause Court shall draw up a statement of the facts of the case and the point on which
there is a difference of opinion or on which doubt is entertained, and refer such statement with its
own opinion on the point for the opinion of the High Court; and the provisions of sections 619 to 621
of the [2]Code of Civil Procedure (14 of 1882), shall, so far as they are applicable, be deemed to apply
as if such reference had been made under section 617 of the said Code.
(2) When the Small Cause Court refers any question for the opinion of the High Court as provided in
sub-section (1), it shall either reserve judgment or give judgment contingent upon such opinion.]
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 69 of Act XV of 1882.—In section 69 of the principal Act, in sub-section**
(1), the words and figures “Chapter VII of “ shall be deleted.
[Vide Maharashtra act XIX of 1976, s. 5]
**70. Security to be furnished on such reference by party against whom contingent judgment**
**given.—When** judgment is given under section 69 contingent upon the opinion of the High Court, the
party against whom such judgment is given shall at once furnish security, to be approved by the
Small Cause Court, for the costs of the reference to the High Court and for the amount of such
judgment:
Provided that no security for the amount of such judgment shall be required in any case in which the
Judge who tried the case has ordered such amount to be paid into Court, and the same has been paid
accordingly.
**If no such security given, party to be deemed to have submitted to judgment.—Unless** such
security as aforesaid is at once furnished, the party against whom such contingent judgment has been
given shall be deemed to have submitted to the same.
CHAPTER X
FEES AND COSTS
**71. Institution-fee.—A** fee not exceeding—
(a) when the amount or value of the subject-matter does not exceed five hundred rupees—the
sum of two annas in the rupee on such amount or value,
1. Subs. by Act 4 of 1906, s. 4, for section 69.
2. See Now the Code of Civil Procedure, 1908 (Act 5 of 1908).
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(b) when the amount of value of the subject-matter exceeds five hundred rupees—the sum of
sixty-two rupees eight annas, and one anna in the rupee on the excess of such amount or value over
five hundred rupees,
shall be paid on the plaint in every suit, and every application under [1]*** section 41; and no such plaint or
application shall be received until such fee has been paid.
An additional fee of ten rupees shall be paid on the filing of every agreement under section 20.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 71 of Act XV of 1882.—In section 71 of the principal Act,--**
(a) for the words “A fee not exceeding” the words and figures “Save as otherwise provided
in section 44, a fee not exceeding” shall be substituted.
(b) for the portion beginning with the words “on the plaint in every suit,” and ending with
the words “until such fee has been paid,” the following shall be substituted, namely:-
“on the plaint in every suit, and no such plaint shall be received until such fee has been
paid.”
[Vide Maharashtra Act XIX of 1976, s. 6]
**72. Fees for processes.—The** fees specified in the third and fourth columns of the fourth schedule
hereto annexed shall be paid previous to the issue in any suit or in any proceeding under Chapter VII
of this Act of the processes, to which the said columns respectively relate, by the persons on whose
behalf such processes are issued, when the amount or value of the subject-matter exceeds the sum
specified in the first column, but does not exceed the sum specified in the second column of the said
schedule.
**STATE AMENDMENT**
**Maharashtra**
**Substitution of section 72 of Act XV of 1882.—For section 72 of the principal Act, the**
following section shall be substituted, namely:-
**“72. Fees for process.—The fees specified in the third and fourth columns of the Fourth**
Schedule hereto annexed shall be paid previous to the issue, in any suit or appeal or proceeding
under this Act, of the processes, to which the said columns respective relate, by the persons in
whose behalf such processes, to which the said columns respectively relate, by the persons in
whose behalf such processes are issued, when the amount or value of the subject-matter exceeds
the sum specified in the first column, but does not exceed the sum specified in the second column
of the said Schedule, When the amount or value of the subject-matter exceeds Rs. 3000; the
additional fees to be paid for summonses shall be at the rate of 10 paise for every Rs. 100 or part
thereof in excess of Rs. 3,000 and the additional fees to be paid for other processes shall be at the
rate of 40 paise for every Rs. 100 or part thereof in excess of Rs. 3000.”
[Vide Maharashtra Act XIX of 1976, s. 7]
**73. Repayment of half fees** **on settlement before hearing.—Whenever any such suit or**
proceeding is settled by agreement of the parties before the hearing, half the amount of all fees paid up to
that time shall be repaid by the Small Cause Court to the parties by whom the same have been
respectively paid.
3. The words and figures “section 38 or” rep. by Act 7 of 1896 .
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**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 78 of Act XV of 1882.—In Section 73 of the Presidency Small Cause**
Courts Act, 1882 (XV of 1882), shall be renumbered as sub-section (1) of that section, and in subsection (1) so renumbered after the words “have been respectively paid” the following proviso and
sub-section shall be inserted, namely:-
“Provided that no such fees shall be repaid if the amount of institution fee on the plaint or
application does not exceed five rupees or the claim for repayment is not made within one year from
the date on which the suit or proceeding was so settled.
(2) The State Government may, from time to time, by order, provide for repayment to the
plaintiffs, or applicant of any part of the fees paid on plaints or applications by them in suits or
proceedings, as the case may be, disposed of under such circumstances and subject to such conditions
as may be specified in the order.”
(2) For the marginal note to the said section 73, the following shall be substituted, namely:-
“Repayment of fees under certain circumstances.”
[Vide Bombay Act XLIV of 1955, s. 2]
**74. Fees and costs of poor persons.—The Small Cause Court may, whenever it thinks** fit, receive
and register suits instituted, and applications under section 41 made by poor persons, and may issue
processes on behalf of such persons, without payment or on a part-payment of the fees mentioned in
sections 71 and 72.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 74 of Act XV of 1882.—In section 74 of the principal Act,--**
(a) the words, figures and letter “and applications under section 41 made, and appeals under
section 42A made,” shall be deleted;
(b) for the words and figures “section 71 and 72” the words and figures “section 44, 71 and 72,”
shall be substituted.
[Vide Maharashtra Act XIX of 1976, s. 8]
**75. Power to vary fees.—The State Government may from time to time, by notification in** the Official
Gazette, vary the amount of the fees payable under sections 71 and 72:
Provided that the amount of such fees shall in no case exceed the amount prescribed by the said
sections.
**76. Expense of** **employing legal practitioners.—The expense of employing an advocate,** vakil,
attorney or other legal practitioner incurred by any party shall not be allowed as costs in any suit or in
any proceeding under Chapter VII of this Act, in the Small Cause Court, in which suit or proceeding
the amount or value of the subject-matter does not exceed twenty rupees, unless the[-]Court is of
opinion that the employment of such practitioner was under the circumstances reasonable.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 76 of Act XV of 1882.—In section 76 of the principal Act,--**
(a) the words and figures “or in any application or appeal under Chapter VII of this Act,” shall
be deleted;
(b) the words “or application or appeal” shall be deleted.
[Vide Maharashtra Act XIV of 1976, s. 9]
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**77. Sections 3, 5 and 25 of Court-fees Act, 1870, saved.—Nothing contained in** this Chapter shall
affect the provisions of sections 3, 5 and 25 of the Court-fees Act, 1870 (7 of 1870).
CHAPTER XI
MISCONDUCT OF INFERIOR MINISTERIAL OFFICERS
**78. [Power to fine officers.] Rep. by the A.O. 1937.**
**79. Default of bailiff or other officer in execution of order or warrant.—If any clerk, bailiff**
or other inferior ministerial officer of the Small Cause Court who is employed as such in the
execution of any order or warrant, loses, by neglect, connivance or omission, an opportunity of
executing such order or warrant, he shall be liable, by order of the Chief Judge, on the application of
the person injured by such neglect, connivance or omission, to pay such sum, not exceeding in any
case the sum for which the said order or warrant was issued, as, in the opinion of the Chief Judge,
represents the amount of the damage sustained by such person thereby.
**80. Extortion or default of officers.—If any** clerk, bailiff or other inferior ministerial officer of
the Small Cause Court is charged with extortion or misconduct while acting under colour of its
process, or with not duly paying or accounting for any money levied by him under its authority, the
Court may inquire into such charge, and may make such order for the repayment or payment of any
money so extorted, or of any money so levied as aforesaid, and of damages and costs, by such
officer, as it thinks fit.
**81. Court empowered to summon witnesses, etc.—For the purposes of** any inquiry under this
Chapter, the Small Cause Court shall have all the powers of summoning and enforcing the attendance
of witnesses and compelling the production of documents which it possesses in suits under this Act.
**82. Enforcement of order.—Any order under this Chapter for the payment or repayment of**
money may, in default of payment of the amount payable thereunder, be enforced by the person to
whom such amount is payable as if the same were a decree of the Small Cause Court in his favour.
CHAPTER XII
CONTEMPT OF COURT
**83. [Procedure of Court in certain cases of contempt.] Rep. by the Repealing and Amending Act, 1914**
(10 of 1914), s. 3 and II Schedule.
**84. [Record in such cases.] Rep. by s. 3 and II Schedule, ibid.**
**85. [Procedure where Court considers that case should not be dealt with under section 83.] Rep. by**
_s. 3 and II Schedule, ibid._
**86. [Discharge of offender on submission or apology.] Rep. by s. 3 and II Schedule, ibid.**
**87.** **Imprisonment or committal of person refusing to answer or produce document.—If any**
witness before the Small Cause Court refuses to answer such questions as are put to him, or to produce
any document in his possession or power which the Court requires him to produce, and does not offer any
reasonable excuse for such refusal, the Court may sentence him to simple imprisonment, or commit him
to the custody of an officer of the Court, for any term not exceeding seven days, unless in the meantime
such person consents to answer such questions or to produce such document, as the case may be, after
which, in the event of his persisting in his refusal, he may be dealt with according to the provisions of
section [1][480 or section 482 of the Code of Criminal Procedure, 1898[2] (5 of 1898)].
1. Subs. by Act 10 of 1914, s. 2 and I Schedule.
2. Now see Act 2 of 1974.
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**88.** **Appeal from orders under section 87.—Any person deeming himself aggrieved by an order**
under [1]*** section 87 may appeal to the High Court, and the provisions of the [1][Code of Criminal
Procedure, 1898[2] (5 of 1898)], relating to appeals shall, so far as may be, apply to appeals under' this
section.
CHAPTER XIII
MISCELLANEOUS
**89. Persons by whom process may be served.—Notices to produce documents, summonses to**
witnesses, and all other processes issued in the exercise of any jurisdiction conferred on the Small Cause
Court by this Act, except summonses to defendants and writs of execution, may, if the Court by general
or special order so directs, be served by such persons as the Court, from time to time, appoints in this
behalf.
**90. Registers and returns.—The Small Cause Court shall keep such registers, books and accounts,**
and submit to the High Court such statements and returns, as may, subject to the approval of the State
Government, be prescribed by the High Court.
**91. Court to furnish records, etc., called for by State Government or High Court.—The Small**
Cause Court shall comply with such requisitions as may, from time to time, be made by the State
Government or High Court for records, returns and statements in such form and manner as such
Government or Court, as the case may be, thinks fit.
**92. Holidays and vacations.—The Small Cause Court shall, at the commencement of each year,**
draw up a list of holidays and vacations to be observed in the Court, and shall submit the same for the
approval of the State Government.
Such list, when it has received such approval, shall be published in the Official Gazette, and the said
holidays and vacations shall be observed accordingly.
**93. Certain persons exempt from arrest by Court.—The President** [2] ***, the Governors of
3[Madras], 4[Bombay and 5[West Bengal], 6*** 7*** and the Chief Justices and Judges of the High Courts
8***, shall not be liable to arrest by order of the Small Cause Court.
**94.** **No suit to lie upon decree of Court.—No suit shall lie on any decree of the Small Cause Court.**
**95. Place of imprisonment.—Any person ordered by the Small Cause Court to be imprisoned may be**
imprisoned in such place as the State Government, from time to time, appoints in this behalf.
**96. Tender in suit for anything done under Act.—If any person against whom any suit is brought**
for anything purporting to be done by him under this Act has, before the institution of the suit, tendered
sufficient amends to the plaintiff, the plaintiff shall not recover.
**97. Limitation of prosecutions.—All prosecutions for anything purporting to be done under this Act**
must be commenced within three months after the offence was committed.
1. The words and figures “section 83 or” rep. by Act 10 of 1914, s. 3 and II Schedule.
2. The words “and Members of his Council” rep. by the A.O. 1948.
3. Subs. by the A.O. 1948, for “Fort St. George”.
4. Subs. by Act 7 of 1912, s. 7 and the Schedule E, for “and Bombay”.
5. Subs. by A.O. 1948, for “Fort William in Bengal”.
6. The words “and the Members of their respective Councils” rep, by the A O.1937.
7. The words “the Lieutenant-Governor of Bengal” rep. by Act 7 of 1912, s. 7 and Schedule E.
8. The words and letter “for Part A States” omitted by the A.O. (No. 2) 1956.
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_THE FIRST SCHEDULE.—[Enactments repealed.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2_
_and the Schedule._
26
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_THE SECOND SCHEDULE.—[Portions of Civil Procedure Code extending to Court.]_ _Rep. by the_
_Presidency Small Cause Courts_ _Act, 1895 (1 of 1895), s. 12._
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THE THIRD SCHEDULE
FORMS
A
[See section 53.]
_In the Small Cause Court for_
_A. B.______________ _(plaintiff),_
_Versus_
_C.D.________________ (Defendant),_
_A.B.,_ of______________, in the town of_______________, make oath [or affirms] and saith that
_C.D.______________, of________________,_ is justly indebted to_______________in the sum of
Rs._______________ for arrears of rent of the house and premises No.____________________, situated
at______________, in the town of__________________, due for_______________ months, to wit
from____________ to____________, at the rate of Rs._____________ per mensem.
Sworn [or affirmed] before me the ______________day of_______________188.
_Judge [or Registrar]._
B
[See section 54.]
_In the Small Cause Court for_
FORM oF WARRANT
I hereby direct you to distrain the movable property of C.D., on the house and premises situate at
No.__________, in the town of _________, for the sum of __________ Rs. and the costs of the distress,
according to the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882.
Dated day of 18 .
(Signed and sealed).
To E.F., Bailiff and Appraiser.
C
[See section 59.]
_In the Small Cause Court for_
FORM OF INVENTORY AND NOTICE
(State particulars of property seized.)
Take notice that I have this day seized the movable property contained in the above
inventory for the sum_________ Rs., being the amount of __________ month’s rent due to _A.B._ at
_________ last, and that unless you pay the amount thereof, together with the costs of this distress,
within five days from the date hereof, or obtain an order from one of the Judges or the
Registrar of the Small Cause Court to the contrary, the same will be appraised and sold
pursuant to the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882.
Dated the day of 18 .
(Signed) E.F.,
_Bailiff and Appraiser._
To C. D.
28
-----
D
[See section 64.]
_In the Small Cause Court for_
Take notice that we have appraised the movable property seized on the __________ day of
__________, under the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882, of
which seizure and property a notice and inventory were duly served upon you [or upon on your behalf, as
_the case may be]_ under date the __________, and that the said property will be sold on the __________
[two clear days at least after the date of the notice] at __________ pursuant to the provisions of the said
Act. Dated this __________ day of __________18
(Signed) E. F.,
_G. H.,_
_Bailiffs and Appraisers._
To C. D.
__________
E
[See section 66.]
_In the Small Cause Court for_
SCALE OF FEES TO BE LEVIED IN DISTRAINTS FOR HOUSE-RENT
Sums sued for Affidavit and Order to sell Commission Total
warrant to distrain
Rs. Rs. Rs. A. P. Rs. A. P. Rs. A. P. Rs. A. P.
1 and under 5. . . 0 4 0 0 8 0 0 8 0 1 4 0
5 ” 10 . . 0 8 0 0 8 0 1 0 0 2 0 0
10 ” 15 . . 0 8 0 0 8 0 1 8 0 2 8 0
15 ” 20 . . 0 8 0 1 0 0 2 0 0 3 8 0
20 ” 25 . . 0 12 0 1 0 0 2 8 0 4 4 0
25 ” 30 . . 1 0 0 1 0 0 3 0 0 5 0 0
30 ” 35 . . 1 0 0 1 0 0 3 8 0 5 8 0
35 ” 40 . . 1 0 0 1 8 0 4 0 0 6 8 0
40 ” 45 . . 1 4 0 2 0 0 4 8 0 7 12 0
45 ” 50 . . 1 8 0 2 0 0 5 0 0 8 8 0
50 ” 60 . . 2 0 0 2 0 0 6 0 0 10 0 0
60 ” 80 . . 2 8 0 2 8 0 6 8 0 11 8 0
80 to 100 . 3 0 0 3 0 0 7 0 0 13 0 0
Upwards of 100 . . 3 0 0 3 0 0 7 per centum. …
29
|Sums sued for|Affidavit and warrant to distrain|Order to sell|Commission|Total|
|---|---|---|---|---|
|Rs. Rs. 1 and under 5. . . 5 ” 10 . . 10 ” 15 . . 15 ” 20 . . 20 ” 25 . . 25 ” 30 . . 30 ” 35 . . 35 ” 40 . . 40 ” 45 . . 45 ” 50 . . 50 ” 60 . . 60 ” 80 . . 80 to 100 . Upwards of 100 . .|Rs. A. P. 0 4 0 0 8 0 0 8 0 0 8 0 0 12 0 1 0 0 1 0 0 1 0 0 1 4 0 1 8 0 2 0 0 2 8 0 3 0 0 3 0 0|Rs. A. P. 0 8 0 0 8 0 0 8 0 1 0 0 1 0 0 1 0 0 1 0 0 1 8 0 2 0 0 2 0 0 2 0 0 2 8 0 3 0 0 3 0 0|Rs. A. P. 0 8 0 1 0 0 1 8 0 2 0 0 2 8 0 3 0 0 3 8 0 4 0 0 4 8 0 5 0 0 6 0 0 6 8 0 7 0 0 7 per centum.|Rs. A. P. 1 4 0 2 0 0 2 8 0 3 8 0 4 4 0 5 0 0 5 8 0 6 8 0 7 12 0 8 8 0 10 0 0 11 8 0 13 0 0 …|
-----
The above scale includes all expenses, except in suits where the tenant disputes the landlord’s claim,
and witnesses have to be subpoenaed, in which case each subpoena for sums under Rs. 40 must be paid
for at four annas each, and twelve annas above that amount; and also where peons are kept in charge of
property distrained, four annas per day must be paid per man.
_______
30
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THE FOURTH SCHEDULE
[See section 72]
FEES FOR SUMMONSES AND OTHER PROCESSES
But does not exceed Fee for summons
Rs.
Rs. A. P.
10
0 2 0
20
0 4 0
50
0 8 0
100
1 0 0
200
1 4 0
300
1 8 0
400
1 12 0
500
2 0 0
600
2 4 0
700
2 8 0
800
2 12 0
900
3 0 0
1,000
3 4 0
1,100
3 6 0
1,200
3 8 0
1,300
3 10 0
1,400
3 12 0
1,500
3 14 0
1,600
4 0 0
1,700
4 2 0
1,800
4 4 0
1,900
4 6 0
2,000
4 8 0
_______
31
|When the amount or value of the subject- matter exceeds|But does not exceed|Fee for summons|Fee for other processes|
|---|---|---|---|
|Rs. 0 10 20 50 100 200 300 400 500 600 700 800 900 1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900|Rs. 10 20 50 100 200 300 400 500 600 700 800 900 1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000|Rs. A. P. 0 2 0 0 4 0 0 8 0 1 0 0 1 4 0 1 8 0 1 12 0 2 0 0 2 4 0 2 8 0 2 12 0 3 0 0 3 4 0 3 6 0 3 8 0 3 10 0 3 12 0 3 14 0 4 0 0 4 2 0 4 4 0 4 6 0 4 8 0|Rs. A. P. 0 2 0 0 4 0 0 8 0 1 0 0 2 0 0 3 0 0 4 0 0 5 0 0 6 0 0 7 0 0 8 0 0 9 0 0 10 0 0 10 8 0 11 0 0 11 8 0 12 0 0 12 8 0 13 0 0 13 8 0 14 0 0 14 8 0 15 0 0|
-----
|
12-Oct-1883 | 20 | The Punjab District Boards Act, 1883 | https://www.indiacode.nic.in/bitstream/123456789/2393/1/a1883-20.pdf | central | # THE PUNJAB DISTRICT BOARDS ACT, 1883[1]
__________
CONTENTS
_________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title.
Extent.
Commencement.
2. Repeal of Act V of 1878.
3. Definitions.
4. Powers exercisable from time to time.
CHAPTER II.
OF THE LOCAL RATE ON LAND.
5. The local rate.
6. Road, school and post cesses to merge in the rate.
7. Liability for local rate.
8. Power to recover a share of the rate from occupancy-tenant.
9. Appropriation of proceeds of local rate.
CHAPTER III.
OF DISTRICT AND LOCAL BOARDS.
_A.—Constitution of District and Local Boards._
10. Establishment of district and local boards.
11. Number and appointment or election of members.
12. Term of office of members.
13. Resignation of members.
14. Powers of the Local Government as to removal of mothers.
15. Filling of casual vacancies.
16. Incorporation of district boards.
17. Time for district and local boards coming into existence.
18. Chairman.
19. Vice-chairman.
_B.—Duties of District and Local Boards._
20. Duties of district board.
**1. Subject to verification by Administration Ministry.**
1
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SECTIONS
21. Duties of local board.
22. Limits on expenditure of local board.
23. Power for district board to provide for performance of duty in default of local board.
_C.—Joint Committees._
24. Joint committees.
_D.—Conduct of Business._
25. Record and publication of proceedings.
26. Power to make rules as to business and affairs.
_E.—Officers and Servants._
27. Employment of officers and servants.
28. Pensions of Government officials serving boards.
29. Pensions of servants of boards.
_F.—Taxation and Finance._
30. Powers of taxation conferred on district boards.
31. Procedure in imposing taxes.
32. Reduction and abolition of tax.
33. Levy of fees.
34. Additional funds to be provided by the Government.
35. District fund.
36. Vesting, custody and investment of district fund.
37. Application of district fund.
38. Works or undertakings benefiting several districts.
39. Annual estimates of income and expenditure of district boards.
40. Accounts of district boards.
41. Estimates and accounts of local boards.
42. Inspection of estimates and accounts.
43. Publication of abstract of accounts.
_G.—Control._
44. Control of Commissioner and Deputy Commissioner over boards and joint committees.
45. Power to suspend action.
46. Extraordinary powers of Deputy Commissioner in ease of emergency.
47. Power to provide for performance of duties in case of default of board.
48. Power to invest other officers with power of control.
49. Report of action under preceding sections.
50. Powers of Local Government and its officers over boards.
2
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SECTIONS
51. Power of Local Government to supersede in case of incompetency, persistent default abuse of
powers.
52. Consequences of supersession.
53. Constitution of new board, and transfer of functions of superseded local boards.
54. Disputes.
55. Power of the Governor General in Council and the Local Government to make rules.
_H.—Regulations._
56. Power to make regulations.
57. Penalty for infringement of regulations.
58. Prosecutions.
_I.—Supplement and Exceptional Provisions._
59. Liability of members of boards.
60. Procedure for making rules and regulations.
61. Acquisition of land.
62. Penalty on member, officer or servant being interested in contracts made with a board or joint
committee.
63. Saving for Act XI of 1879.
64. General powers of Local Government and Commissioners.
65. Contracts of local Committees.
66. Government officers serving under committees to continue under board.
67. Power of Local Government to except local area from operation of Act.
68. Committee to be constituted for district wholly excepted from Act.
69. Power to direct that Act XX of 1856 shall cease to be in force.
_______
CHAPTER IV
SUPPLEMENTAL PROVISIONS AS TO TAXATION
70. Recovery of rates.
71. Local rate or tax how to be assessed and collected.
72. Appeals.
73. Instalments of rates and taxes.
74. Power of Local Government to exempt from taxation.
75. Power to direct measurements.
76. Suits relating to rates and taxes under this Act cognizable by Courts having cognizance of suits
for rent.
77. Confirmation and recovery of existing rates.
3
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SECTIONS
[CHAPTER V].—[AMENTDMENT OF THE NORTHEN INDIA FERRIES ACT, 1878] [REPEALED.].
78. [Repealed.].
79. [Repealed.].
4
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# THE PUNJAB DISTRICT BOARDS ACT, 1883
ACT NO. 20 OF 1883
[12th October, 1883.]
# An Act to make better provision for local self-government in the Districts of the Panjab.
WHEREAS it is expedient to amend the law in force in the territories administered by the Lieutenant
Governor of the Panjab for the levy and expenditure of rates on land; and
Whereas it is also expedient to provide for the constitution of district boards and local boards in those
territories, and to define and regulate the powers to be exercised by those boards;
It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Short title.—(1) This Act may be called the Panjab District Boards Act, 1883.**
**Extent.—(2) It shall extend only to the territories for the time being administered by**
the Lieutenant-Governor of the Panjab; and
**Commencement.—(3) It shall come into force in each district on such date as the Local**
Government, by notification, directs.
**2. Repeal of Act V of 1878.—From the date on which this Act comes into force in any district, the**
Panjab Local Rates Act, 1878 (V of 1878), shall be repealed throughout that district. But all rates
imposed, sums credited to the Local Government, and notifications published under that Act, shall, so far
as may be, be deemed to have been respectively spectively imposed, credited and published under this Act.
**3. Definitions.—In this Act, unless there is something repugnant in the subject or**
context,—
(1) “Land” means land assessed to the land-revenue, and includes land whereof the land-revenue has
been wholly, or in part, released, compounded for, redeemed or assigned.
(2) “Land-revenue” includes trini or grazing-dues levied for grazing on Government lands under
section 48 of the Panjab Laws Act, 1872 (IV of 1872).
(3) “Landholder” means any person responsible for the payment of the land-revenue, if any,
assessed on land. It also includes the proprietor of land the land-revenue of which has been wholly, or in
part, released, compounded for, redeemed or assigned.
(4) “Annual value” means—
(a) double the land-revenue for the time being assessed on any land, whether the assessment is
leviable or not ; or
(b) where the land-revenue has been permanently assessed, or has been wholly or in part com
pounded for or redeemed, double the amount which, but for such permanent assessment,
composition or redemption, would have been leviable; or
(c) where no land-revenue has been assessed, double the amount which would have been
assessed if the average village-rate had been applied:
Provided that, in any tract in which, under the settlement for the time being in force, the
improvement of the land due to canal irrigation has been excluded from account in assessing the
land-revenue, and a rate has been imposed in respect of such improvement, that rate shall be
added to the land-revenue for the purpose of computing the annual value.
(5) “Financial year” means the year commencing on the first day of April.
(6) “Prescribed day “means such day as the Local Government may, from time to time, prescribe.
5
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1[(6A) “Punjab” means the territories which, immediately before the Ist November, 1956, were
comprised in the State with the same name];
(7) “Notification “means a notification published in the official Gazette.
(8) “Notified” means notified in the official Gazette.
(9) “Deputy Commissioner” means the Deputy Commissioner of a district, and includes any
officer specially appointed by the Local Government to perform the functions of a Deputy
Commissioner under this Act.
**4. Power exercisable from time to time.—All powers conferred by this Act may be exercised from**
time to time as occasion requires.
CHAPTER IL
O F THE L OCAL R ATE ON L AND
**5. The local rate.—(1)** All land shall be subject to the payment The local of a rate, to be called the
local rate, not exceeding one rate annual for every rupee of its annual value.
(2) The proportion which the local rate shall bear to the annual value of land shall, except as provided
in sub-section (3), be fixed for each district by the Local Government by notification.
(3) The Local Government may, by notification, delegate to the district board, subject to such
restrictions or conditions as it thinks fit, its powers under sub-section (2), and may, by
notification, cancel or vary any such notification.
**6. Road, school and post cesses to merge in the rate.—From such date as may be notified in**
respect of each district by the Local Government, all authorized rates and cesses for the
maintenance of roads, schools and the district-post shall merge in and become part of the local rate,
and no rate or cess other than the local rate shall be thereafter leviable for those purposes.
**7. Liability for local rate.—The landholder shall be liable for the local rate subject to the following**
provisos, namely:—
(1) where the landholder pays the land-revenue in kind to any assignee of revenue or any village
headman, the assignee of revenue or village-headman shall be liable for the payment of the local rate instead of the landholder, and no demand shall be made by any such assignee or village-headman on the
landholder in respect of the payment of the rate; and
(2) where the Government has, under any lease current at the time when this Act comes into force,
paid the Focal rate on trini, it shall continue to pay the rate during the currency of the lease.
**8. Power to recover a share of the rate from occupancy tenant.—When a local rate is payable**
by a landholder in respect of lands held by a tenant with a right of occupancy holding at a favourable
rent, the landholder may realize from the tenant a share of the rate, bearing the same proportion to the
whole rate as the excess of the annual value over the rent paid by the tenant bears to half the annual
value.
**9. Appropriation of proceeds of local rate.—Four-fifths of the net proceeds of the local rate levied**
in each district, after deducting the expenses of collection, shall, except as provided in section 68, be
allotted to the district board established for that district under this Act.
The remaining one-fifth shall be carried to the credit of the Local Government, and may—
(a) be allotted by that Government to any district board established under this Act ; or
(b) be applied by that Government to provide in the territories to which this Act extends, or any
part thereof, for any of the matters on which district boards may expend the funds at their disposal
under this Act :
Provided that the Local Government may direct that the whole or any portion of the net proceeds of
the local rate levied within the limits of any municipality or military cantonment,. after deducting the
1. Ins. by the Adaptation of Laws (No. 2) Order, 1956.
6
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expenses collection, shall be carried to the credit of the municipal fund, or made available for the purpose of public
improvement in the cantonment or for carrying out therein any rules made under section 25 of the Cantonments
Act, 1880 (III of 11880), as the case may be.
CHAPTER III
OF DISTRICT AND LOCAL BOARDS
_A.—Constitution of District and Local Boards._
**10.** **Establishment of district and local boards.—(1) The Local Government shall, by**
notification establish a district board for each district.
(2) The Local Government may, by notification, establish a local board or local boards within
the limits of any district, and may cancel or vary any such notification.
(3) A district board shall have authority throughout the district for which it is established, and a local
board shall have authority throughout such portion of the district in which it is established, as the Local
Government may, by notification, direct:
Provided that a board shall not have authority over any portion of a district which is for the time
being included in a military cantonment or a municipality.
**11. Number and appointment or election of members.—(1)** A district board or local board shall
consist of such number of members, not less than six, as the Local Government may fix in this behalf.
(2) The members may be appointed by the Local Government either by name or by official
designation, or may be elected in accordance with rules made by the Local Government under this Act, or
some may be appointed and some elected, as the Local Government directs:
Provided that—
(a) when the Local Government has directed that all or any proportion of the members shall
be elected, it shall not thereafter direct that they shall be appointed, unless a majority of the
electors declare that they so desire, [1]***;
(b) [2]*** unless salaried officers of the Government are elected, not less than two-thirds of the
members of every board shall be persons other than salaried officers of the Government; and
(c) not less than one-half of the members of the board shall be landholders in the district.
(3) When, under a direction issued under sub-section (2), any places on a board are required to be
filled by election, and a sufficient number of members is not elected, the Local Government may fill those
places by appointment.
**12. Term of office of members.—(1)** A member of a district board or local board, when appointed
by virtue of an office, shall, unless and until the Local Government otherwise directs, continue to be
a member of the board while he continues to hold that office.
(2) The term of office of all other elected and appointed members respectively of a district
board or local board shall be fixed by the Local Government by rules made under this Act, and
may be so fixed as to provide for the retirement of members by rotation, but shall not exceed three
years.
(3) An outgoing member shall, if otherwise qualified, be again eligible for election or appointment.
**13. Resignation of members.—A member of a local board or of a district board may resign by**
notifying in writing his intention to do so to [3][Commissioner]; and, on the acceptance by [3][Commissioner]
of such resignation, the member shall be deemed to have vacated his office.
1. The words “or the Governor General in Council, for some reason affecting the public interests, sanctions the
direction,” omitted by Act 38 of 1920, s. 2 and the First Schedule
2. The words “except with the approval of the Governor General in Council or” omitted by s. 2 and the First
Schedule, ibid.
3. Subs. by Act 4 of 1914, s. 2 and the Schedule, for “the local Government”
7
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**14. Powers of the Local Government as to removal of members.—The Local Government may**
remove any member of a district board or local board—
(a) if he refuses to act, or becomes incapable of acting, or is declared insolvent, or is
convicted of any such offence, or subjected by a Criminal Court to any such order, as implies, in the opinion of the Local Government, a defect of character which unfits him to be a
member ;
(b) if he has been declared by notification to be disqualified for employment in the
public service;
(c) if he, being a member of a local board, without an excuse sufficient in the opinion of
the Local Government, neglects for more than three consecutive months to be present at the
meetings of that board, or, being a member of the district board, without such sufficient
excuse, neglects for more than six consecutive months to be present at the meetings of that
board;
(d) if his continuance in office is, in the opinion of the Local Government, dangerous to the
public peace or order ; or,
(e) when he is a salaried officer of the Government, if his continuance in office is; in the opinion
of the Local Government, unnecessary or undesirable.
**15. Filling of casual vacancies.—(1)** When the place of an elected member of **a** local board or
district board becomes vacant by the resignation or removal of the member or by his death, a new
member shall be chosen in accordance with 'the rules made by the Local Government under this Act to
fill the place :
Provided that the Local Government may direct in any such case that the vacancy shall be left
unfilled.
# (2) When the place of a member of a local board or district board appointed by name becomes
vacant as aforesaid, the Local Government may, if it thinks fit, appoint a new member to fill the place.
(3) A person chosen or appointed under this section to fill a casual vacancy shall hold office until
the person whose place he fills would regularly have gone out of office, and shall then go out of office, but shall be again eligible for election or appointment.
16. Incorporation of district boards.—Every district board shall be a body corporate by the
name of the district board of its district, and shall have perpetual succession and a common seal, with power to acquire and hold property, both moveable and immoveable, and, subject to any rules made by the Local Government under this Act, to transfer any such property held by it, and to contract and do all other things necessary for the purposes of its constitution, and may sue and be sued in its corporate name.
17. Time for district and local boards coming into existence.—The several district boards and
local boards constituted under this Act shall come into existence at such time as the Local Government may, by notification, fix in this behalf.
18. Chairman.—(1) A member of every district board or local board shall be elected or
appointed to be chairman of the board, and shall hold office for such term, not exceeding three years, as the Local Government may, by a rule made under this Act, fix.
(2) The Local Government shall determine, as regards each board or as regards any class of
boards, whether the chairman shall be a person appointed by virtue of his office or by name or be elected.
19. Vice-chairman.—(1) A district board or local board may elect one of its members to be vice chairman.
(2) A vice-chairman so elected shall hold office for such term as the board may, by rule, fix.
8
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_B.—Duties of District and Local Boards_
**20.** **Duties of district board.—(1) The following matters shall, subject to such exceptions and.**
conditions as the Local Government may make and impose, be under the control and. administration of
each district board within the area subject to its authority :—
(a) the management of all property vested in the district board ;
(b) the construction, repair and maintenance of public roads and other means of communi
cation;
(c) the establishment, management, maintenance and visiting of public hospitals,
dispensaries, sarais and schools, and the construction and repair of all buildings connected with
these institutions;
(d) the training of teachers and the establishment of scholarships ;
(e) the supply, storage and preservation from pollution of water for drinking, cooking and bathing
purposes ; and.
(f) the planting and preservation of trees.
(2) The Local Government may direct that any of the following[.] matters shall, subject to such
exceptions and conditions as it may make and impose, be under the control and administration of
a district board Within the area subject to its authority :—
(g) the management of any property vested in Her Majesty ;
(h) the establishment, maintenance, visiting and management of markets, rest-houses, encamping
grounds and other public institutions, and the construction and repair or all buildings connected with
these institutions ;
(i) the construction and repair of embankments, and the supply, storage and control of water for
agricultural purposes ;
(j) the preservation and reclamation of soil, and the drainage and reclamation of swamps ;
(k) the construction, repair and maintenance of famine preventive works, and the establish
ment and maintenance of such relief-works, relief-houses and other measures in time of famine
or scarcity as may be entrusted to the charge of the board by the Local Government ;
(l) the registration of births, marriages and deaths ;
(m) fairs and agricultural shows and industrial exhibitions ;
(n) the establishment and management of pounds, including, where the Cattle-trespass Act
1871 (1 of 1871), is in force, such functions of the Local Government and the Magistrate of
the district under that Act as may be transferred to the board by the Local Government ;
(o) the management of such public ferries as may be entrusted to the charge of the board
under section 7A of the Northern India Ferries Act, 1878, as amended by this Act
(p) any other local works or measures likely to promote the health, comfort, convenience and
interests of the public or the agricultural or industrial prosperity of the country; and
(q) any other matters which the Local Govern-went may declare to be fit and proper
matters to be taken under the control and administration of the board.
(3) The Local Government may cancel or modify any direction given by it under sub-section (2).
(4) A district board shall, so far as the funds at its disposal permit, make due provision for all matters
placed under its control or administration by or under this section.
**21. Duties of local board.—(1) The Local Government, or, subject to the control of the Local**
Government, a district board, may direct that, within the area subject to the authority of a local
9
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board, any matter placed under the control and administration of the district board by or under
section 20 shall be transferred to the control and administration of the local board.
(2) A local board, as the agent of, and subject to the control of, the district board, shall, so far as the
funds at its disposal permit, make due provision for all matters transferred to its control and administration under sub-section (1).
(3) It shall be the duty of the district board to enforce the responsibility imposed on a local board by
sub-section (2).
**22. Limits on expenditure of local board.—Except as otherwise provided by this Act, a local board**
shall not incur expenses or undertake liabilities expenditure to any amount exceeding the limit imposed
by of local board the district board of its district.
**23. Power for district board to provide for performance of duty in default of local board.—(1) If**
a local board makes default in the performance of any duty imposed on it by or under this Act, the district
board may, by order in writing, fix a period of board of its district.
(2) If the duty is not performed within that period, the district board may appoint some person
to perform it, and may provide for the expenses of, and incidental to, its performance out of the funds
appropriated to or for the purposes of the local board.
_C.—Joint Committees._
**24. Joint committees.—A district board may concur with any other district board, or with any**
municipal committee or with any cantonment authority, or with more than one such board, committee or
authority, in appointing, out of their respective bodies, a joint committee for any purpose in which they
are jointly interested, and for delegating to any such joint committee any power which might be exercised
by either or nay of the boards, committees or authorities concerned, and in framing or modifying
regulations as to the proceedings of any such joint committee, and as to the conduct of correspondence
relating to the purpose for which the joint committee is appointed.
_D.—Conduct of Business._
**25. Record and publication of proceedings.—(1)** Minutes of the proceedings at each meet
ing of a district or local board shall be drawn up and recorded in a book to be kept for the
purpose, and shall be signed by the chairman of the meeting or of the next ensuing meeting, and
shall be published in such manner as the Local Government may, from time to time, direct, and
shall, at all reasonable times and without charge, be open to the inspection of any inhabitant of
the district who pays any rate or tax under this Act.
(2) A copy of every resolution passed by a local board at a meeting shall, within three days
from the date of the meeting, be forwarded to the district board and to the Deputy Commissioner.
(3) A copy of every resolution passed by a district board at a meeting shall, within three days from
the date of the meeting, be forwarded to the Deputy Commissioner.
**26. Power to make rules as to business and affairs.—Every district board, and every local**
board with the sanction of the district board, may make rules as to—
# (a) the time and place of its meetings and the manner in which notice of meetings shall be
given ;
(b) the conduct of proceedings at meetings and the adjournment of meetings;
(c) the custody of the common seal and the purposes for which it shall be used ;
(d) the division of duties amongst its members ;
(e) the powers to be exercised by sub-committees or members to whom particular duties have
been assigned;
(f) the persons by whom receipts shall be granted for money received under this Act;
(g) the duties, appointment, leave, suspension and removal of the officers and servants of the
board;
(h) the term for which the vice-chairman shall hold office, and
10
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(i) other similar matters :
Provided that every rule made under this section must be consistent with this Act and with any rules
made by the Local Government under this Act, and shall be published in such manner as the Local Government may direct.
_E.—Officers and Servants._
**27. Employment of officers and servants.—(1)** Subject to the provisions of this Act and to any
rules which may be made under this Act in servants this behalf, every district board may employ and
pay such officers and servants as may be necessary and proper for the efficient execution of its duties and
of the duties of the local boards acting under it :
Provided that if, at any time, in the opinion of the Deputy Commissioner,—
(a) the number of persons employed by a board under this section, or the remuneration
assigned by the board to those persons, or to any of them, is excessive, or
(b) any such person is unfit for his employment, the board shall, on the requirement of the
Deputy Commissioner, reduce the number, or remuneration, of those persons, or, as the -case may be,
dismiss the unfit person.
(2) The Commissioner of the division, whose decision shall be final.
**28. Pensions of Government officials serving boards.—In the case of a Government official, a**
district board may—
(1) if his services are wholly lent to it, contribute to his pension or gratuity and leave-allowances in
accordance with the rules of the [1][Civil Service Regulations] for the time being in force ; and
(2) if he devotes only a part of his time to the performance of duties in behalf of the board, contribute
to his pension or gratuity and leave-allowances in such proportion as may be determined by the
Government.
**29. Pensions of servants of boards.—In the case of an officer or servant, not being a Government**
official referred to in section 28, a district board may—
(1) grant him leave-allowances and, if he is employed under the district committee when this Act
comes into force and not entitled to pension, or if his monthly pay is less than ten rupees, a gratuity ; and
(2) if empowered in this behalf by the Local Government—
(a) subscribe in his behalf for pension or gratuity and leave-allowances under the rules of the
Government Civil Pension and Leave Codes for the time being in force ; or
(b) purchase for him from the Government or otherwise an annuity on his retirement :
Provided that no pension, gratuity, leave-allowance or annuity shall exceed the sum to which, under
the [1][Civil Service Regulations] for the time being in force, the servant would be entitled if the service
had been service under the Government.
_F.—Taxation and Finance._
**30. Powers of taxation conferred on district boards.—Subject to any general rules or special**
orders which the [2][Local Government] may make in this behalf, a district board may impose, in manner
prescribed by section 31, such taxes as may be approved by the Local Government:
Provided that no such tax shall be imposed in respect of any property subject to the local rate.
**31. Procedure in imposing taxes.—(1)** A district board may resolve, at a meeting, convened and
constituted in such manner as the Local Government may prescribe, to propose the imposition of any
tax under section 30.
1. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, for “Government Civil Pension and Leave Codes”.
2. Subs. by Act 38 of 1920, s. 2 and the First Schedule, for “Governor General in Council”.
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(2) When a resolution has been passed under subsection (1), the board shall publish a notice defining
the class of persons or description of property proposed to be taxed, the amount or rate of the tax to be
imposed and the system of assessment to be adopted.
(3) Any person likely to be directly affected by the proposed tax, and objecting to the same, may,
within thirty days from the publication of the notice, send his objection in writing to the board ; and the
board shall, at a meeting convened and constituted as aforesaid, take his objection into consideration.
(4) If no objection is sent within the said period of thirty days, or if the objections received, having
been considered as aforesaid, are deemed insufficient, the board may submit its proposals to the Local
Government, with the objections (if any) which have been sent in and with its decision thereon.
(5) The Local Government, on receiving proposals under sub-section (4), may sanction the same, or
refuse to sanction them, or return them to the board for further consideration.
(6) When the proposals of a district board in respect of a tax have been sanctioned by the Local
Government, the board may, at a meeting convened and constituted as aforesaid, direct the imposition of
the tax in accordance with those proposals:
Provided that, in _giving_ such direction, the board shall fix a date not less than one month from the
date of the meeting on which the tax shall come into force.
(7) Every direction under sub-section (6) shall be notified, and the notification shall be conclusive
evidence that the tax has been imposed in accordance with law.
**32. Reduction and abolition of tax.—The Local Government may, by notification, and the district**
board may, with the sanction of the Local Government, by a resolution passed at a meeting convened and
constituted as the Local Government may prescribe, abolish or reduce any tax imposed under sections 30
and 31
**33. Levy of fees.—With the previous sanction of the Local Government, or of such officer as the**
Local Government may authorize in this behalf, a district board or local board may fix and levy schoolfees and fees for the use of, or benefits derived from, any of the works specified in section 20, clauses (c),
(e), (h), (i) and KB, and fees at fairs, agricultural shows and. industrial exhibitions held under its
authority.
**34. Additional funds to be provided by the Government.—When the control and administration of**
any matter is by or under this Act transferred to a district board, and at the time of the transfer the cost of
that control and administration is defrayed from provincial revenue, the Local Government shall, from
time to time, allot to the district board such funds, .or place at the disposal of the board such sources of
income, as may, in the opinion of the Local Government and of the board, be sufficient for maintaining
the control and administration of the said matter in the state of efficiency existing at the date of transfer.
**35. District fund.—There Shall be formed for each district a fund, to be called the district fund, and[-]**
there shall lie placed to the credit thereof—
(a) the balance (if any) of the allotments made for the district under section 7 of the Panjab Local
Bates Act, 1878 (V of 1887), and of the road and school ceases, which may be available for
expenditure in the district on the day on which the district board comes into existence;
(b) all proceeds of rates allotted to the district board under section 9;
(c) the proceeds of all taxes imposed in the district under sections 30 and 31;
(d) the amount of all fees levied by the district board or by local boards in the district under
section 33;
(e) all funds allotted to the district board and the income arising from 'all sources of income placed
at its disposal under section 34;
(f) all rents and profits accruing from property vested in the district board or managed by the
district board or a local board in the district;
(g) all sums contributed to the fund by Government or by any committee, board or private person;
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(h) all sums received by the district board or by a local board in the district in the discharge,of
functions exercised by it under this Act; and
(i) the proceeds of all sources of income which the Local Government may order to be placed at,
the disposal of the district board :
Provided that the Meal Government may revoke any order made .under clause (i).
**36. Vesting custody and investment of district fund.—(1) The district fund shall be vested in the**
district board, and the balance standing at the credit of the fund shall be kept in the Government treasury or
sub-treasury or in the bank to which the Government treasury business has been made over, unless the Local
Government in any cases otherwise permits.
(2) Subject to such rules as the [1][Local Government, subject to the control of the] Governor General
in Council may make in this behalf, the district board may, with the previous sanction of the Local
Government, invest any portion of the district fund in securities of the Government of India or such other
securities as the [1][Local Government, subject to the control of the] Governor General in Council may
approve in this behalf, and vary such investments for others of the same nature, or dispose of them. The
income resulting from the securities, and the proceeds of the sale of the same, shall be credited to the
district fund.
**37.** **Application of district fund.—(1)** The district fund shall be charged with the payment of the
expenses of the district-post, the payment of the expenses of pauper lunatics sent to public asylums from
the area under the authority of the district board, the expenses incurred in auditing the accounts of the
district boards and local boards, and such portion of the cost of the Provincial Departments for education,
sanitation, vaccination, medical relief and public works as may be held by the Local Government to be
equitably debitable to the district board in return for services rendered to the board by those Departments.
(2) Subject to the charges specified in sub-section (1), and to such rules as the Local Government may
make with respect to the priority to be given to the several duties of the board or otherwise, the district
fund shall be applicable to the payment, in whole or in part, of the charges and expenses incidental to the
matters specified in sections 20, 27, 28 and 29, and to the provision of grants-in-aid to educational and
medical institutions, within the area subject to the authority of the district board, and, with the sanction of
the Commissioner, outside that area when such application of the fund is for the benefit of the inhabitants
of that area.
**38. Works or undertakings benefiting several districts.—In the case of works or undertakings**
which undertakings benefit more districts than one, when the district boards cannot agree, the
Commissioner or Commissioners of the division or divisions, or, when the districts are in different
divisions and the Commissioners cannot agree, the Local Government, may determine what proportion of
the expenses of the work or undertaking shall be borne by each of the district funds of the districts
benefited thereby ; and such proportion shall be payable out of the several district funds accordingly.
**39. Annual estimates of income and expenditure of district boards.—(1) Every district board shall**
appoint a finance committee consisting of not less than three of its members.
(2) Every district board shall, on or before a boards prescribed day in each year, hold a meeting at
which the finance committee shall submit to the board an estimate of the income and expenditure of the
board for the next financial year, in such form as the Local Government may, by a rule made under this
Act, prescribe.
(3) The board shall consider the estimate, and may provisionally approve of it .with or without
modification.
(4) The board shall, on or before a prescribed day, cause copies of the estimate, as provisionally
approved by it, to be sent to the Deputy Commissioner.
(5) The Deputy Commissioner shall, on or before a, prescribed day, signify in writing to the board his
approval or disapproval of the estimate. When he disapproves of the estimate, he shall state the nature of
1. Ins. by s. 2 and the Schedule.
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his objection. The board shall then consider the matter, and either modify the estimate, so as to remove
the objection, or refer it through the Deputy Commissioner to the Commissioner of the division. If the
Commissioner concurs in the objection, he shall make such modification in the estimate as may, in his
judgment, be necessary to remove the objection in whole or in part. If he does not concur in the objection,
he shall pass the estimate, and his order shall be final and binding on the board.
(6) When the Deputy Commissioner has signified his approval of an estimate, or the board has
modified an estimate so as to remove the Deputy Commissioner's objections, or when the Commissioner
has passed orders as provided in sub-section (5), no expenditure which is not provided for in the estimate
as approved or modified shall be incurred during the year to which the estimate relates without the
previous sanction of the Deputy Commissioner.
(7) When the Deputy Commissioner is a member of the district board, the Commissioner and the
Local Government shall take the place of the Deputy Commissioner and the Commissioner respectively
for the purposes of this section.
**40. Accounts of district boards.—Accounts of the receipts and expenditure of every district board**
shall be made up periodically to such days and in such form as the Local Government prescribes, and
shall be examined and. audited as soon as may be after they are so made up by such persons as the Local
Government appoints in this behalf.
**41. Estimates and accounts of local boards.—(1) Every local board shall submit annually to the**
district board of its district, on or before such date as the district board may appoint in this behalf, a
statement of the requirements, and an estimate of the probable expenditure, of the local board for the
coming financial year, and shall submit, as often as the district board may require, accounts of its receipts
and expenditure.
(2) The district board shall signify in. writing to the local board its approval or disapproval of an
estimate submitted under this section, and powers similar to those conferred on the Deputy Commissioner
and Commissioner by section 39, clauses, (5) and (6), shall be exercised, in regard to the estimate, by the
district board and the Deputy Commissioner, or (when the Deputy Commissioner is a member of the
district board) the Commissioner, respectively
Provided that, during the currency of any financial year, the Deputy Commissioner may sanction
transfers of provision within the estimate finally' approved, when inconvenience or undue delay would be
caused by a previous reference to the district board.
(3) The district board shall make arrangements, subject to the approval of the Deputy Commissioner,
for the examination and. audit of accounts submitted to it under this section, and may arrange for the
publication of such accounts.
**42. Inspection of estimates and accounts.—Every district board shall cause a copy of every annual**
estimate provisionally or finally approved under section 39, and of every account made up under section
40, to be kept at its office; and any person paying rates or taxes under this Act may, at all reasonable
times, inspect any such estimate or account without payment of any fee.
**43. Publication of abstract of accounts.—A statement of the accounts of a district board for each**
financial year, showing the income of the district fund under each head. of receipt, the charges for
establishment, the works undertaken, the sums expended on each work, and the balance, if any, of the
fund remaining unspent at the end of the year, shall be prepared by the board in such form as the Local
Government prescribes; and an abstract of the same shall be published in the English and Vernacular
official Gazettes, or in such other manner as the Local Government may direct.
_G.—Control._
**44. Control of Commissioner and Deputy Commissioner over boards and joint comittees.—(1)**
The Commissioner of the division, or the Deputy Commissioner of the district when he is not a member
of the district board, may—
(a) enter on and inspect, or cause to be entered on and inspected, any immoveable property within
the limits of the division or district respectively occupied by any local board, district board or joint
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committee, or any work in progress within those limits under the direction of any such board or
committee;
(b) by order in writing call for and inspect any document in the possession or under the control of
any such board or committee having authority within those limits;
(c) by order in writing require any such board or committee to furnish such statements, accounts,
reports and copies of documents relating to the proceedings or duties of the board or committee, as he
may think fit to call for; and
(d) record in writing, for the consideration of any such board or committee, any observations he
may think proper in regard to the proceedings or duties of the board or committee.
(2) If any difference of opinion arises between officers exercising the powers conferred by
sub-section (1), it shall be referred—
(a) if it arises between two or more Deputy Commissioners in the same division—to the
Commissioner ; and
(b) if it arises between two or more Deputy Commissioners in different divisions or between two
or more Commissioners—to the Local Government;
and the decision thereon of the Commissioner or of the Local Government, as the case may be, shall be
final.
**45. Power to suspend action.—The Commissioner of the division or the Deputy Commissioner of**
the district may, by order in writing, suspend, within the division or district respectively, the execution of
any resolution or order of a district board or local board or joint committee, or prohibit the doing of any
act within the said limits which is about to be done, or is being done, in pursuance of or under cover of
this Act, if, in his opinion, the resolution, order or act is in. excess of the powers conferred by law, or the
execution of the resolution or order, or the doing of the act, is likely to lead to a breach of the peace, or to
cause injury or annoyance to the public or to any class or body or persons.
**46. Extraordinary powers of Deputy Commissioner in case of emergency.—(1) In cases of**
emergency, the Deputy Commissioner may provide for the execution of any work, or the doing of any
act, which a district board or local board is empowered to execute or do, and the immediate execution or
doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the
expense of executing the work or of doing the act shall be forthwith paid by the district board.
(2) if the expense is not so paid, the Deputy Commissioner may make an order directing the• person
having the custody of the balance of the district fund to pay the expense, or so much thereof as is, from
time to time, possible, from that balance in priority to all other charges against the same.
**47. Power to provide for performance of duties in case of default of board.—(1) When the**
Commissioner, after due enquiry, is satisfied that a district board has made default in performing any duty
imposed upon it by or under this Act, he may, by an order in writing, fix a period for the performance of
that duty, and, if it is not performed within the period so fixed, he may appoint some person to perform it,
and may direct that the expense of performing it shall be paid, within such time as he may fix, by the
board to that person.
(2) If the expense is not so paid, the Commissioner may make an order directing the person having
the custody of the balance of the district fund to pay the expense, or so much thereof as is, from time to
time, possible, from that balance in priority to all other charges against the same.
**48. Power to invest other officers with.—When the control and administration of any public work is**
by or under this Act transferred to a district board, and at the time of the transfer the cost of that control
and administration is defrayed from provincial revenue, the Local Government may invest any officer
with respect to that work with the powers of a Commissioner under section 44 or section 47, or with the
powers of a Deputy Commissioner under section 46.
**49. Report of action under preceding sections.—When the Commissioner makes any order under**
section 45 or section 47, he shall forthwith forward to the Local Government, and when the Deputy
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Commissioner makes any order under section 45 or section 46, or an officer empowered under section 48
makes any order under section 46 or section 47, he shall forthwith forward to the Commissioner, for
submission to the Local Government, a copy of the order, with a statement of the reasons for making it,
and with such explanation, if any, as the board or committee concerned may wish to offer. The Local
Government may thereupon confirm, modify or rescind the order.
**50. Powers of Local Government and its officers over boards.—(1) It shall be the duty of the**
Local Government and of all Commissioners and Deputy Commissioners acting under its orders to
require that the proceedings of district boards and local boards shall be in conformity with law and with
the rules in force thereunder.
(2) The Local Government may exercise all powers necessary for the purpose of sub-section (1), and
may, amongst other things, by order in writing, annul any proceeding which it considers not to be in
conformity with law and with the said rules.
(3) The Commissioner of the division and the Deputy Commissioner of the district may, within their
jurisdiction, for the same purpose, exercise such .powers as may be conferred upon them by rules made in
this behalf by the Local Government.
**51. Power of Local Government to supersede, in case of incompetency, persistent default or**
**abuse of powers.—If a district board or local board is not competent to perform, or persistently makes**
default in the performance of, the duties imposed on it by or under this or any other Act, or exceeds or
abuses its powers, the Local Government may, [1]*** in Council, by notification, in which the reasons for
so doing shall be stated, declare the board to be superseded:
Provided that, in case of public emergency, the notification may be issued without the previous
approval of the Governor General in Council, but shall be immediately reported to the Governor General
in Council and shall be subject to his orders.
**52. Consequences of supersession.—When a district board or local board is superseded under**
section 51, the following consequences shall ensue:—
(a) All members of the board shall from the date of the notification vacate their offices as such
members:
(b) All powers and duties of the board may, until the board is re-constituted, be exercised and.
performed by such person as the Local Government appoints in that behalf:
(c) Where a district board is superseded, all property vested in it shall, until it is re-constituted,
vest in Tier Majesty.
**53. Constitution of new board, and transfer of functions of superseded local boards.—(1) When**
a district board is superseded, Constitution the Local Government shall, as soon as in its judgment
conveniently may be, constitute another district board in its place.
(2) When a local board is superseded, the Local Government may either constitute another local
board in its place, or transfer its functions to the district board or, by a notification under section 10, to
any other local board.
**54. Disputes.—If any dispute, for the decision of which this Act does not otherwise provide, arises**
between two or more boards constituted under this Act, or between a municipal committee or cantonment
authority and any such board, the matter shall be referred—
(a) to the Deputy Commissioner, if the local authorities concerned are in the same dis
trict;
(b) to the Commissioner or Commissioners of the division or divisions, if the local authorities
concerned are in different districts ; and
(c) to the Local Government, if the local authorities concerned are in different divisions and the
Commissioners of those divisions cannot agree.
1. The words “with the previous approval of the Governor General in Council” omitted by Act 4 of 1914, s. 2 and the Schedule.
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(2) The decision of the authority to which any dispute is referred under this section shall be final.
(3) If, in the case mentioned in clause (a), the Deputy Commissioner is a member of one of the boards
or committees concerned, his functions under this section shall be discharged by the Commissioner.
(4) “Local authority” in this section means a district board, local board, municipal committee or
cantonment authority.
**55. Power of the Governor General in Council and the local Government to make rules.—So far**
as may be consistent with the provisions of this Act—
(1) the Governor General in Council may—
(a) make general rules or special orders for the regulation of taxation under section 30; and
1[(b) regulation the powers of district boards to make vary and dispose of investments;]
(2) the Local Government may, for any district or local board, or any class of such boards, make
rules for [2][Rules made under clause (2)(b) shall be subject to the control of the Governor General in
Council]—
(c) dividing boards into classes, and fixing the powers of boards of each class ;
(d) determining the mode and time of appointment or election of members of boards, the term
of office, allowances (if any), and the qualifications and disqualifications of such members, and
the qualifications and disqualifications of voters, and generally for regulating all elections under
this Act;
(e) regulating the. powers of boards to transfer property;
(f) regulating the powers of boards to contract and do other things necessary for the purposes
of their constitution and the mode of executing contracts;
(g) determining the intermediate offices, if any, through which correspondence between
boards or members of boards and the Local Government or its officers shall pass;
(h) determining the language in which business shall be transacted;
(i) the employment, payment, suspension and removal of officers and servants under
section 27;
(j) the apportionment of the district fund between the general purposes of the district and. the
purposes of particular parts of the district;
(k) the application of district funds;
(l) the form of estimates of income and expenditure under section 39;
(m) the form of accounts and. the manner of periodical audit under section 40;
(n) the publication of abstracts of accounts under section 43;
(o) the preparation of plans and estimates for works which are to be partly or wholly con
structed at the expense of boards, and as to the authority by which, and the conditions Subject to
which, such plans and estimates may be sanctioned;
(p) the powers of supervision to be exercised by Commissioners and Deputy Commissioners
under section 50 ;
(q) the conduct of proceedings of boards, including the fixing of a quorum, the appointment
or election of a chairman, and the term of office of a chairman and vice-chairman;
(r) the appointment and payment of auditors of the accounts of boards; and
1. Ins. by Act 4 of 1914, s. 2 and the Schedule.
2. Added by s. 2 and the Schedule, ibid.
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(s) the guidance of district boards when suits or other proceedings are intended to be or have
been instituted by or against them in Civil Courts; and
(t) generally determining the relations between district boards and local boards, and guiding
boards and Government officers in all matters connected with the carrying out of the provisions
of this Act.
All such rules and alterations of rules shall be notified, and no rules or alteration of rules under clause (2)
(d) shall come into operation until three months-after-they have been notified [1][Rules made under clause
(2)(b) shall be subject to the control of the Governor General in Council].
_H.—Regulations._
**56. Power to make regulations.—(1) Every district board or local board empowered in. this behalf**
by the Local Government may make regulations for carrying out all or any of the purposes of this Act.
(2) A regulation made under this section shall not have effect until it has been confirmed by the Local
Government and published in such manner and for such time as the Local Government may direct.
**57. Penalty for infringement of regulations.—(1) In, making-any regulation under section 56, a**
board may direct that a breach of the same shall be punished with fine which may extend to fifty rupees,
and, in the case of a continuing breach, with a further fine which may extend to five rupees for every day
during which the breach is continued after the offender has been convicted of such breach.
(2) In default of payment of any fine imposed under this section, the defaulter shall be liable to simple
imprisonment for a term which may extend to eight days:
**58. Prosecutions.—(1) Prosecutions under this Act for breach of regulations may be instituted by any**
board, or by any person authorized by the board in this behalf.
(2) A Judge or Magistrate shall not be deemed to be within the meaning of section 555 of the Code of
Criminal Procedure a party to, or personally interested in, any case under this section merely because he
is a member of the board.
_I.—Supplemental and Exceptional Provisions._
**59. Liability of members of boards.—Every person shall be liable for the loss, waste Liability of or**
misapplication of any money or other property members of belonging to the district board, if such loss,
waste or misapplication is a direct consequence of his neglect or misconduct while a member of a local
board or of the district board, and a suit for compensation for the same may be instituted against him in
such Court as the Local Government directs, by the district board with the sanction of the Commissioner,
or by the Secretary of State for India in Council.
**60. Procedure for making rules and regulation.—(1) The Local Government, before making**
Procedure any rules under section 55 or section 67, and a district or local hoard, before making any
regulations rules and regulations, under section 56, shall publish, in such manner as the Local
Government may deem sufficient for giving information to persons interested, a draft of the proposed
rules or regulations, together with a notice specifying a date on or after which the draft will be taken into
consideration; and shall, before making the rules or regulations, receive and consider any objection or
suggestion which may be made by any person with respect to the draft before the date so specified.
(2) Every such rule or regulation shall be published in the official Gazette in English and in such
other language as the Local Government directs, and such publication shall be conclusive evidence that
the rule or regulation has been made as required by this section.
**61. Acquisition of land.—Where any land is required for the purposes of this Act, the Local**
Government may, at the request of a district board, proceed to acquire it under the provisions of the Land
Acquisition Act, 1870 (10 of 1870); and, on the payment by the board of the compensation awarded under
that Act, and of the charges incurred by the Government in connection with the proceedings, the land
shall vest in the board.
1. Added by Act 4 of 1914, s. 2 and the Schedule.
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**62. Penalty on member, officer or servant being interested in contracts made with a board or**
**joint committee.—(1) If any member, officer or servant of a district or local board or joint committee**
appointed under this Act is, otherwise than with the permission in writing of the Commissioner, directly
or indirectly interested in any contract made with that board or joint committee, he shall be deemed to
have committed an offence under the Indian Penal Code, section 168.
(2) A person shall not, by reason of being a shareholder in, or a member of, any incorporated or
registered company, be held to be interested, in any contract entered into between the company and a
board or committee; but he shall not take part in any proceedings of the board or committee relating to
any such contract.
**63. Saving for Act 11 of 1879.—Nothing in this Act shall affect the Local Authorities Loans**
Act, 1879 (11 of 1879).
**64. General powers of Local Government and Commissioners.—In all matters connected with this**
Act, the Local Government shall have and exercise over Commissioners and Deputy Commissioners, and
Commissioners shall have and exercise over Deputy Commissioners,, the same authority and control as
they respectively have and. exercise over them in the general and revenue administration.
**65. Contract of local committees.—Every contract entered into, whether in its own name or in the**
name of the Government, by the, committee appointed in a district under section 11 of the Panjab. Local
Rates Act, 1878, may be enforced by and against the district board constituted for that district under this
Act, in like manner as it might have been by and against the committee if this Act had not been passed.
**66. Government officers serving under committees to continue under board.—A Government**
officer employed under the committee appointed in a district as aforesaid at the time when a district board
comes into existence for the district under section 17 of this Act shall be deemed to be similarly employed
by the board, and shall not be dismissed from that employment without the sanction of the Local
Government.
**67. Power of Local Government to except local area from operation of Act.—(1) If the**
circumstances of any district or part of a district are, in the opinion of the Local Government, such that all
or any of the provisions of this chapter are unsuited thereto, the Local Government may, by notification in
the official Gazette, except the district or part from the operation of those provisions; and thereupon those
provisions shall not apply to the excepted district or part until again applied thereto by a like notification.
(2) While any notification under this section is in force, the Local Government may make rules to
provide for any matter dealt with by the provisions to which the notification applies.
**68. Committee to be constituted for district wholly excepted from Act.—When a district is**
excepted, under section 67, from all the provisions of this chapter, a committee shall, except where the
Local Government for special reasons otherwise directs, be constituted for the control and administration
in that district of the matters mentioned in section 20, or of such of them as the Local Government may,
from time to time, specify; and the Local Government shall, from time to time, determine the manner in
which the members of the committee shall be appointed and removed, define the functions and authority
of the committee, and place at its disposal, subject to such control as the Local Government thinks fit,—
(a) the balance standing at the credit of the district fund at the time when the district is excepted
or, as the case may be, the balance of the allotments made for the district under section 7 of the
Panjab Local Rates Act, 1878 (5 of 1878), and of the road and school cesses, which may be available
for expenditure in the district at that time;
(b) all proceeds of rates which, but for the district being excepted, would be allotted to the district
board under section 9 of this Act; and
(c) such other sources of income mentioned in section 35 of this Act as the Local Government
thinks fit:
19
-----
Provided that not less than one-half of the members of the committee shall be persons who own
landed property or reside or carry on trade or business in the district and are not servants of the
Government.
**69. Power to direct that Act 20 of 1856 shall cease to be in force.—(1) When any local area in**
which Act 20 of 1856 (An Act to make better provision for the appointment and maintenance of Police
_Chaukidars in Cities, Towns, Stations, Suburbs and Bazars in the Presidency of Fort William in Bengal)_
is in force is included in any local area over which a district board established under this Act has
authority, the Local Government may, by notification, direct that that Act shall cease to be in force in the
local area BO included, and that every panchayat constituted under that Act for that local area shall cease
to exist.
(2) When a direction is issued under this section in respect of any local area in. which the said Act 20
of 1856 is in force, the amount, if any, then available under section 36 of that Act for purposes of
improvement in that local area shall be expended therein by the Deputy Commissioner for such purposes.
CHAPTER IV
SUPPLEMENTAL PROVISIONS AS TO TAXATION
**70. Recovery of rates.—All rates and taxes imposed under this Act, and all arrears of such rates and**
taxes, may be recovered as if they were arrears of land-revenue.
**71. Local rate or tax how to be assessed and collected.—(1) The Local Government may, by**
notification, determine the persons by whom the local rate or any tax imposed under this Act shall be
assessed and collected, and make rules for the assessment and collection of the rate or tax, and direct in
what manner persons employed in the assessment or collection shall be remunerated.
(2) The provisions of section 60 shall apply to all rules made under this section.
**72. Appeals.—(1) In matters connected with the assessment and collection of any rate or tax leviable**
under this Act, an appeal shall lie from the order of any person authorized under this Act to make
assessments or collections to such person as the Local Government appoints:
Provided that the appeal shall be presented within 30 days from the date of the order.
(2) The order passed on an appeal under this section shall be final.
**73. Instalments of rates and taxes.—(1) The Local Government may, by notification, prescribe by**
what instalments and at what times any rate or tax leviable under this Act shall be, payable:
Provided that every instalment of the local rate leviable under section 5 shall be payable with an
instalment of the land-revenue.
(2) In any local area subject to the authority of a district board the Local Government may, by
notification, delegate to the board, subject to such conditions as ifs thinks fit, its powers under this
section.
**74. Power of Local Government to exempt from taxation.—The Local Government may, by**
notification, remit or reduce any rate or tax imposed under this Act, or exempt any person or class of
persons, or any description of property, wholly or in any part, from liability to any such rate or tax, and
cancel any such remission, reduction or exemption.
**75. Power to direct measurements.—When measurements are necessary for the assessment of the**
local rate or of any tax imposed under this Act, the Local Government may, by notification, direct such
measurements to be made.
**76. Suits relating to rates and taxes under this Act cognizable by Courts having cognizance of**
**suits for rent.—Suits for the recovery from co-sharers, tenants or others of any sum on account of any**
rate or tax imposed under this Act, and suits on account of illegal exaction of any such rate or tax, or for
settlement of accounts connected therewith, shall, unless the Local Government otherwise directs, be
cognizable by the Courts which for the time being have cognizance of suits for rent due on land.
20
-----
**77. Confirmation and recovery of existing rates.—All rates for the maintenance of roads, schools**
or the district-post, for the payment of which provision has been made in any settlement-record previous
to the passing of this Act, or which have been habitually levied by Government, shall be deemed to have
been and to be legally imposed, and to have been and to be legally recoverable as if they were arrears of
land-revenue payable directly to Government and due on the land in respect of which they are payable.
[CHAPTER V AMENDMENT OF THE _NORTHERN INDIA FERRIES ACT, 1878.]_ _Rep. by the Repealing Act,_
1938 (1 of 1938), s. 2 and the Schedule.
**78. [Amendment of the Northern India Ferries Act.] Rep. by s. 2 and the Schedule, ibid.**
**79. [Further amendment.] Rep. by s. 2 and the Schedule, ibid.**
__________
21
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|
12-Oct-1883 | 19 | The Land Improvement Loans Act, 1883 | https://www.indiacode.nic.in/bitstream/123456789/2382/1/A188319.pdf | central | # THE LAND IMPROVEMENT LOANS ACT, 1883
__________
ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title.
Local extent. Commencement.
2. Acts 26 of 1871 and 21 of 1876 repealed.
3. “Collector” defined.
4. Purposes for which loans may be granted under this Act.
5. Mode of dealing with applications for loans.
6. Period for repayment of loans.
7. Recovery of loans.
8. Order granting loan conclusive on certain points.
9. Liability of joint borrowers as among themselves.
10. Power to make rules.
11. Exemption of improvements from assessment to land revenue.
12. Certain powers of State Government to be exercisable by Board of Revenue or Financial
Commissioner.
-----
# THE LAND IMPROVEMENT LOANS ACT, 1883
ACT NO. 19 OF 1883[1]
[12th October, 1883.]
# An Act to consolidate and amend the law relating to loans of money by the Government
for agricultural improvements.
WHEREAS it is expedient to consolidate and amend the law relating to loans of money by the
Government for agricultural improvements; It is hereby enacted as follows:—
**1. Short title.—(1) This Act may be called the Land Improvement Loans Act,**
1883.
**(2)** **Local extent. Commencement.—It extends to the whole of India except** [2][the
territories which, immediately before the 1st November, 1956, were comprised in Part B
States], but shall not come into force in any part of [3][the territories to which this Act
extends] until such date as the State Government [4]*** may, by notification in the Official
Gazette, appoint in this behalf.
**STATE AMENDMENT**
**Maharashtra**
**Extension of Acts no. XIX of 1883 and No. XII of 1884 to Hyderabad and**
**Saurashtra area of the State of Bombay.—The Land Improvement Loan Act, 1883 and**
the Agriculturists’ Loans Act, 1884, (XIX of 1883), are hereby extended to and shall be,
in virtue of such extension, in force in the Hyderabad and Saurashtra area of the State of
Bombay.
[Vide Bombay Act XXVII of 1958, s. 2]
**Maharashtra**
**Consequential and other amendments to Act XIX of 1883.—In section 1, to**
sub-section (2) the following proviso shall be added, namely:-
“Provided that on the commencement of the Land Improvement Loans and
Agriculturists’ Loans (Extension and Amendment) Act, 1957, this Act shall also
extend to and be in force in, the Hyderabad and Saurashtra areas of the state of
Bombay.”
[Vide Bombay act XXVII of 1958, s. 3]
1. The Act has been amended in its application to the State of Madhya Pradesh by the C.P. and Berar
Land Improvement Loans (Amendment) Act, 1949 (C. P. & B. 55 of 1949).
Bombay by Bombay Act 27 of 1958, U.P. by U.P. Act 42 of 1958 and Haryana by Haryana Act 26 of
1971. The Act has been extended to the Hyderabad and Saurasthra area of the State of Bombay by
Bombay Act 27 of 1958.
The Act as at present in force in the State of Gujarat, extended to the Union territory of Dadra and Nagar
Haveli by G.S.R. 1639, dated 3-12-1962. Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when
notified), to Goa, Daman and Diu with modifications, by Reg. 12 of 1962, s. 3 and Sch. and to the whole of
the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-1967).
The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955 and to Malabar District of
Kerala by Kerala Act 27 of 1961.
Instruments executed by persons taking loans, or by their sureties, as security for the repayment of such
loans, are exempted from stamp-duty—see the Indian Stamp Act, 1899 (2 of 1899), Sch. I. Art. 40,
exemption (1) and notification under s. 9.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
3 Subs _ibid_ for “a Part A State or a Part C State”
-----
**2. Acts 26 of 1871 and 21 of 1876 repealed.—(1) The Land Improvement Act,** 1871,
and Act XXI of 1876 (An Act to amend the Land Improvement Act, 1871), shall, except as
regards the recovery of advances made before this Act comes into force and costs
incurred by the Government in respect of such advances, be repealed.
(2) When in any Act, Regulation or Notification passed or issued before this Act
comes into force, reference is made to either of those Acts, the reference shall, so far
as may be practicable, be read as applying to this Act or the corresponding part of
this Act.
**3. “Collector” defined.—In this Act, “Collector” [1]means the Collector of land-revenue**
of a district, or the Deputy Commissioner, or any officer empowered by the State
Government by name or by virtue of his office to discharge the functions of a Collector
under this Act.
**4. Purposes for which loans may be granted under this Act.—(1)** Subject to such
rules as may be made under section 10, loans may be granted under this Act, by such
officer as may, from time to time, be empowered in this behalf by the State Government,
for the purpose of making any improvement, to any person having a right to make that
improvement, or, with the consent of that person, to any other person.
(2) “Improvement” means any work which adds to the letting value of land, and includes the
following, namely:
(a) the construction of wells, tanks and other works for the storage, supply or
distribution of water for the purposes of agriculture, or for the use of men and cattle
employed in agriculture;
(b) the preparation of land for irrigation;
(c) the drainage, reclamation from rivers or other waters, or protection from floods or
from erosion or other damage by water, of land used for agricultural purposes or wasteland
which is culturable;
(d) the reclamation, clearance, enclosure or permanent improvement of land for
agricultural purposes;
(e) the renewal or reconstruction of any of the foregoing works, or alterations therein or
additions thereto; and
(f) such other works as the State Government [2]*** may, from time to time, by
notification in the Official Gazette, declare to be improvements for the purposes of this
Act.
**STATE AMENDMENT**
**Maharashtra**
In section 4, in sub-section (2), for the words “any work which adds to the letting value of
land” the words “in relation, to any land, any work which adds to the value of the land and
which is suitable thereto as also consistent with the purpose for which it is held” shall be
substituted.
[Vide Bombay Act XXVII of 1958, s. 3]
**5. Mode of dealing with applications for loans.—(1) When an application for a loan is**
made under this Act, the officer to whom the application is made may, if it is, in his
opinion, expedient that public notice be given of the application, publish a notice, in such
manner as the State Government may, from time to time, direct, calling upon all persons
1 Cf the definition in s 3 (10) of the General Clauses Act 1897 (10 of 1897)
-----
objecting to the loan to appear before him at a time and place fixed therein and submit their
objections.
(2) The officer shall consider every objection submitted under sub-section (1), and make an
order in writing either admitting or overruling it:
Provided that, when the question raised by an objection is, in the opinion of the officer,
one of such a nature that it cannot be satisfactorily decided except by a Civil Court, he
shall postpone his proceedings on the application until the question has been so decided.
**6. Period for repayment of loans.—(1)** Every loan granted under this Act shall be
repayable by instalments (in the form of an annuity or otherwise), within such period from the
date of the actual advance of the loan, or, when the loan is advanced in instalments, [1][from the
date of the advance of the last instalment actually paid] as may, from time to time, be fixed by
the rules made under this Act.
(2) The period fixed as aforesaid shall not ordinarily exceed thirty-five years.
(3) The State Government [2] ***, in making [3] *** the rules fixing the period, shall, in
considering whether the period should extend to thirty-five years, or whether it should extend
beyond thirty-five years, have regard to the durability of the work for the purpose of which the
loan is granted, and to the expediency of the cost of the work being paid by the generation of
persons who will immediately benefit by the work.
**7. Recovery of loans.—(1) Subject to such rules as may be made under section 10, all loans**
granted under this Act, all interest (if any) chargeable thereon, and costs (if any) incurred in
making the same, shall, when they become due, be recoverable by the Collector in all or any of the
following modes, namely:—
(a) from the borrower—as if they were arrears of land-revenue due by him;
(b) from his surety (if any)—as if they were arrears of land-revenue due by him;
(c) out of the land for the benefit of which the loan has been granted—as if they were
arrears of land-revenue due in respect of that land;
(d) out of the property comprised in the collateral security (if any)—according to the
procedure for the realization of land-revenue by the sale of immovable property other than the
land on which that revenue is due:
Provided that no proceeding in respect of any land under clause (c) shall affect any
interest in that land which existed before the date of the order granting the loan, other than
the interest of the borrower, and of mortgagees of, or persons having charges on, that
interest, and, where the loan is granted under section 4 with the consent of another person,
the interest of that person, and of mortgagees of, or persons having charges on, that
interest.
(2) When any sum due on account of any such loan, interest or costs is paid to the
Collector by a surety or an owner of property comprised in any collateral security, or is
recovered under sub-section (1) by the Collector from a surety or out of any such property,
the Collector shall, on the application of the surety or the owner of that property (as the case
may be), recover that sum on his behalf from the borrower, or out of the land for the benefit
of which the loan has been granted, in manner provided by sub-section (1).
(3) It shall be in the discretion of a Collector acting under this section to determine the order
in which he will resort to the various modes of recovery permitted by it.
1. Subs. by Act 18 of 1899, s. 2, for “from the date of the actual advance of the last instalment”.
2. The words “and G. G. in C.” omitted by Act 8 of 1906, s. 3.
3. The words “and sanctioning” omitted by s. 3. ibid.
-----
**8. Order granting loan conclusive on certain points.—A written order under the hand**
of an officer empowered to make loans under this Act granting a loan to, or with the consent
of, a person mentioned therein, for the purpose of carrying out a work described therein, for
the benefit of land specified therein, shall, for the purposes of this Act, be conclusive
evidence—
(a) that the work described is an improvement within the meaning of this Act;
(b) that the person mentioned had at the date of the order a right to make such an
improvement; and
(c) that the improvement is one benefiting the land specified.
**9. Liability of joint borrowers as among themselves.—When a loan is made under this**
Act to the members of a village-community or to any other persons on such terms that all of
them are jointly and severally bound to the Government for the payment of the whole amount
payable in respect thereof, and a statement showing the portion of that amount which as
among themselves each is bound to contribute is entered upon the order granting the loan and
is signed by each of them and by the officer making the order, that statement shall be
conclusive evidence of the portion of that amount which as among themselves each of those
persons is bound to contribute.
**10. Power to make rules.—The** State Government [1] *** may, from time to time, by
notification in the Official Gazette, make rules consistent with this Act to provide for the
following matters, namely:—
(a) the manner of making applications for loans;
(b) the officers by whom loans may be granted;
(c) the manner of conducting inquiries relative to applications for loans, and the powers
to be exercised by officers conducting those inquiries;
(d) the nature of the security to be taken for the due application and repayment of the
money, the rate of interest at which, and the conditions under which, loans may be granted,
and the manner and time of granting loans;
(e) the inspection of works for which loans have been granted;
(f) the instalments by which, and the mode in which, loans, the interest to be charged on
them and the costs incurred in the making thereof, shall be paid;
(g) the manner of keeping and auditing the accounts of the expenditure of loans and of the
payments made in respect of the same; and
(h) all other matters pertaining to the working of the Act.
**11. Exemption of improvements from assessment to land revenue.—When land is**
improved with the aid of a loan granted under this Act, the increase in value derived from
the improvement shall not be taken into account in revising the assessment of land-revenue
on the land:
Provided as follows—
(1) where the improvement consists of the reclamation of wasteland, or of the
irrigation of land assessed at unirrigated rates, the increase may be so taken into account
after the expiration of such period as may be fixed by rules to be framed by the State
Government [2]*** ;
1. The words “subject to the control of the G.G. in C,” omitted by Act 4 of 1914, s. 2 and the
Schedule Part I
-----
(2) nothing in this section shall entitle any person to call in question any assessment of
land-revenue otherwise than as it might have been called in question if this Act had not been
passed.
1[12. Certain powers of State Government to be exercisable by Board of Revenue
**or Financial Commissioner.—The powers conferred on a State Government by sections**
4 (1), 5 (1) and 10 may, in a State for which there is a Board of Revenue or a Financial
Commissioner, be exercised in the like manner and subject to the like conditions by such
Board or Financial Commissioner, as the case may be: Provided that rules made by a
Board of Revenue or Financial Commissioner shall be subject to the Control of the State
Government.]
____________
1. S. 12 ins. by Act 4 of 1914, s. 2 and Sch., Pt. I. The original s. 12 had been rep. by Act 16 of 1908. The application of
this section has been barred in U.P. by the U.P. Board of Revenue Act, 1922 (U.P. 12 of 1922).
-----
|
26-Feb-1884 | 04 | The Explosives Act, 1884 | https://www.indiacode.nic.in/bitstream/123456789/2301/1/A1884-04.pdf | central | # THE EXPLOSIVES ACT, 1884
__________
ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title.
Local extent.
2. Commencement.
3. [Repealed.].
4. Definitions.
5. Power to make rules as to licensing of the manufacture, possession, use, sale, transport and
import and Export of explosives.
5A. Persons already in business in respect of certain explosives to carry on such business without
licence for a certain period.
6. Power for Central Government to prohibit the manufacture, possession or importation of
specially dangerous explosives.
6A. Prohibition of manufacture, possession, sale or transport of explosives by young persons and
certain other persons.
6B. Grant of licences.
6C. Refusal of licences.
6D. Licensing authority competent to impose conditions in addition to prescribed condi
tions.
6E. Variation, suspension and revocation of licences.
6F. Appeals.
7. Power to make rules conferring powers of inspection, search, seizure, detention and removal.
8. Notice of accidents.
9. Inquiry into accidents.
9A. Inquiry into more serious accidents.
9B. Punishment for certain offences.
9C. Offences by companies.
10. Forfeiture of explosives.
11. Distress of aircraft or vessel.
12. Abetment and attempts.
13. Power to arrest without warrant persons committing dangerous offences.
14. Saving and power to exempt.
15. Saving of Arms Act, 1959.
16. Saving as to liability under other law.
17. Extension of definition of “explosive” to other explosive substances.
17A. Power to delegate.
18. Procedure for making, publication and confirmation of rules.
1
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e
a
r
c
h
,
s
e
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z
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# THE EXPLOSIVES ACT, 1884
ACT NO. 4 OF 1884[1]
[26th February, 1884.]
# An Act to regulate the manufacture, possession, use, sale, [2][transport, import and
export] of explosives.
WHEREAS it is expedient to regulate the manufacture, possession, use, sale, [2][transport, import and
export] of explosives; It is hereby enacted as follows:—
**1. Short title.—(1) This Act may be called the [3]*** Explosives Act, 1884; and**
(2) Local extent.—It extends to whole India [4]**
**2.Commencement.—(1) This Act shall come into force on such day[, 5]as the Central Government, by**
notification in the Official Gazette, appoints.
6* - - -
**3. [Repeal of portions of Act** 12 of 1875.] Rep. by the Indian Ports Act, 1889 (10 of 1889)[7], s. 2
_and the Second Schedule._
8[4. Definitions.—In this Act, unless the context otherwise requires,—
(a) “aircraft” means any machine which can derive support in the atmosphere from the reactions
of the air, other than the reactions of the air against the earth's surface, and includes balloons, whether
fixed or free, airships, kites, gliders and flying machines;
(b) “carriage” includes any carriage, wagon, cart, truck, vehicle or other means of conveying
goods or passengers by land, in whatever manner the same may be propelled,
(c) “District Magistrate”, in relation to any area for which a Commissioner of Police has been
appointed, means the Commissioner of Police thereof and includes—
(a) any such Deputy Commissioner of Police, exercising jurisdiction over the whole or any
part of such area, as may be specified by the State Government in this behalf in relation to such
area or part; and
(b) an Additional District Magistrate;
(d) “explosive” means gunpowder, nitoglycerine, nitroglycol, gun-cotton, di-nitro-toluene,
tri-nitro-toluene, picric acid, di-nitro-phenol, tri-nitro-resorcinol (styphnic acid), cyclo-trime
1. This Act has been declared, under s. 3 (a)of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in
the Districts of Hazaribagh,Lohardaga (now called the Ranchi District—see Calcutta Gazette, 1899, Pt, I, p.44)
Palamau and Manbhum and in ParganaDhalbhum and the K.olhan in the Singhbhum District of the Chota
Nagpur Division—See Gazette of India, 1896, Pt. I.p. 972.
It has been applied to the SonthalParganas under s. 3 of the SonthalParganas Settlement Regulation (3 of 1872),
as amended by the SonthalParganas Laws Regulation, 1886 (3 of 1886), and by s. 3 of Regulation 3 of 1899, and
to Porahat Estate by Bihar Regulation (2 of 1946).
For the law relating to explosive substances, see also the Explosive Substances Act, 1908 (6 of 1908).
The Act has been extended to Goa, Daman and Diu with modifications, by Reg. 12 of 1962, s. 3 and Sch.,
(w.e.f. 1-2-1965) extended to and brought into force in Dadra and Nagar Haveli by Reg. 6of 1963, s. 2 and Sch.
(w.e.f. 1-7-1965) and to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch. I
(w.e.f. 1-10-1967).
The Act comes into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963, s. 3 and Sch. I.
2. Subs. by Act 32 of 1978, s. 2, for “transport and importation” (w.e.f. 2-3-1983).
3. The word “Indian” omitted by s. 3, ibid. (w.e.f. 7-3-1983).
4. The words and letter “except Part B States” omitted by Act 3 of 1951, s. 3 and the Schedule
(w.e.f. 1-4-1951).
5. 1st July, 1887—see Gazette of India, 1887, Pt. I, p. 307
6.Sub-section (2) rep. by Act 12 of 1891, s. 2 and the First Schedule.
7. Rep. by the Indian Ports Act, 1908 (15 of 1908).
8. Subs. by Act 32 of 1978, s. 4. for section 4 (w.e.f. 2-3-1983).
2
-----
thylene-trinitramine, penta-erythritol-tetranitrate, tetryl, nitro-guanidine, leadazide, lead
styphynate, fulminate of mercury or any other metal, diazo-di-nitro-phenol, coloured fires
or any other substance whether a single chemical compound or a mixture of substances,
whether solid or liquid or gaseous used or manufactured with a view to produce a practical
effect by explosion or pyrotechnic effect; and includes fog-signals, fireworks, fuses,
rockets, percussion-caps, detonators, cartidges, ammunition of all descriptions and every
adaptation or preparation of an explosive as defined in this clause;
(e) “export” means taking out of India to a place outside India by land, sea or air;
(f) “import” means to bring into India from a place outside India by land, sea or air;
(g) “master”,—
(a) in relation to any vessel or aircraft means any person, other than a pilot, harbour
master, assistant harbour master or berthing master, having for the time being the
charge or control of such vessel or aircraft, as the ease may be; and
(b) in relation to any boat belonging to a ship, means the master of that ship;
(h) “manufacture” in relation to an explosive includes the process of—
(1) dividing the explosive into its component parts or otherwise breaking up or
unmaking the explosive, or making fit for use any damaged explosive; and
(2) re-making, altering or repairing the explosive;
(i) “prescribed [-] means prescribed by rules made under this Act;
(j) “vessel” includes any ship, boat, sailing vessel, or other description of vessel used in
navigation whether propelled by oars or otherwise and anything made for the conveyance,
mainly by water, of human beings or of goods and a caisson.]
**5. Power to make rules as to licensing of the manufacture, possession, use, sale,**
**transport, import and export of explosives.—(1) The Central Government may for any part of**
1[India],2*** make rules3 consistent with this Act to regulate or prohibit, except under and in
accordance with the conditions of a licence granted as provided by those rules, the manuf acture,
possession, use, sale, [4][transport, import and export] of explosives, or any specified class of
explosives.
(2) Rules under this section may provide for all or any of the following, among other matters, that is
to say:—
(a) the authority by which licenses may be granted;
(b) the fees to be charged for licenses, and the other sums (if any) to be paid for expenses by
applicants for licenses;
(c) the manner in which applications for licenses must be made, and the matters to be specified
in such applications;
(d) the form in which, and the conditions on and subject to which, licenses must be
granted;
( _e_ ) the period for which licenses are to remain in force; [5]***
6[(ee) the authority to which appeals may be preferred under section 6F, the procedure to
be followed by such authority and the period within which appeals shall be preferred, the fees
1. Subs. by Act 3 of 1951, s. 3 and Schedule, for “Part A States and Part C States” (w.e.f. 1-4-1951).
2. The words “and each Local Government, with the previous sanction of the Governor, General in Council, may for any part of
the territories under its administration” omitted by the A.O. 1937.
3. For the Explosive Rules, 1940, made under s. 5 and 7, see Gazette of India, Extra., 1940, p. 749.
4. Subs. by Act 32 of 1978, s. 5, for “transport and importation” (w.e.f. 2-3-1983).
5. The word “and” omitted by s. 5, ibid. (w.e.f. 2-3-1983).
6. Ins. by Act 32 of 1978, s. 5. (w.e.f. 2-3-1983).
3
-----
to be paid in respect of such appeals and the circumstances under which such fees may be
refunded;
(eea) the total quantity of explosives that a licensee can purchase in a given period of
time;
(eeb) the fees to be charged by the Chief Controller of Explosives or any officer authorised by
him in this behalf, for services rendered in connection with the manufacture, transport, import or
export of explosives;]
(f) the exemption absolutely or subject to conditions of any explosives [1][or any person or class of
persons] from the operation of the rules.
2* - - -
3 [5A. **Persons already in business in respect of certain explosives to carry on such**
**business without licence for a certain period.—Notwithstanding anything in section 5 or in the**
rules made thereunder where, immediately before the commencement of the Indian Explosives
(Amendment) Act, 1978 (32 of 1978), any person was carrying on the business of manufacture,
sale, transport, import or export of any explosive [for which no licence was required under this
Act before its amendment by the Indian Explosives (Amendment) Act, 1978], then, such person
shall be entitled to continue to carry on such business without licence in respect of such
explosive—
(a) for a period of three months from the date of such commencement; or
(b) if before the expiry of the said period of three months, such person has made an application
for grant of licence under this Act for such business in such explosive, until the final disposal of his
application,
whichever is later.]
**6. Power for Central Government to prohibit the manufacture, possession or importation of**
**specially dangerous explosives.—(1) Notwithstanding anything in the rules under the last foregoing**
section, the Central Government may, from time to time, by notification in the Official Gazette,—
(a) prohibit, either absolutely or subject to conditions, the manufacture, possession or
importation of any explosive which is of so dangerous a character that, in the opinion of the
Central Government, it is expedient for the public safety to issue the notification; [4]***.
5* - - -
6[(2) The Customs Act, 1962 (52 of 1962) shall have effect in relation to any explosive with
regard to the importation of which a notification has been issued under this section and the vessel,
carriage or aircraft containing such explosive as that Act has in relation to any article the
importation of which is prohibited or regulated thereunder and the vessel, carriage or aircraft
containing such article.].
7* - - -
8[6A. Prohibition of manufacture, possession, sale or transport of explosives by young persons
**and certain other persons.—Notwithstanding anything in the foregoing provisions of this Act,—**
(a) no person,—
1. Ins. by Act 32 of 1978, s. 5 (w.e.f. 2-3-1983).
2. Sub-section (3) omitted by s. 5, ibid. (w.e.f. 2-3-1983).
3. Ins. by s. 6, ibid. (w.e.f. 2-3-1983).
4. The word “and” and cl. (b) rep. by Act 10 of 1914, s. 3 and II Schedule.
5. Cl (b) rep. by s. 3 and the Second Schedule, ibid.
6. Subs. by Act 32 of 1978, s. 7, for sub-section (2)(w.e.f. 2-3-1983).
7. Sub-section (3) omitted by s. 7, ibid. (w.e.f. 2-3-1983).
8. Ins. by s. 8, ibid. (w.e.f. 2-3-1983).
4
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(i) who has not completed the age of eighteen years, or
(ii) who has been sentenced on conviction of any offence involving violence or moral
turpitude for a term not less than six months, at any time during a period of five years after the
expiration of the sentence, or
(iii) who has been ordered to execute under Chapter VIII of the Code of
Criminal Procedure, 1973 (2 of 1974), a bond for keeping the peace or for good
behaviour, at any time during the term of the bond., or
(iv) whose licence under this Act has been cancelled, whether before Or after the
commencement of the Indian Explosives (Amendment) Act, 1978 (32 of 1978), for
contravention of the provisions of this Act or of the rules made thereunder, at any time
during a period of five years from the date of cancellation of such licence, shall,—
(1) manufacture, sell, transport, import or export any explosive, or
(2) possess any such explosive as the Central Government may, having regard to
the nature thereof, by notification in the Official Gazette, specify;
(b) no person shall sell, deliver or despatch any explosive to a person whom he knows
or has reason to believe at the time of such sale, delivery or despatch,—
(i) to be prohibited under clause (a) to manufacture, sell, transport, import, export or possess
such explosive, or
(ii) to be of unsound mind.
**6B. Grant of licences.—(1) Where a person makes an application for licence under**
section 5, the authority prescribed in the rules made under that section for grant of licences
(hereinafter referred to in this Act as the licensing authority), after making such inquiry, if any,
as it may consider necessary, shall, subject to the other provisions of this Act, by order in writing
either grant the licence or refuse to grant the same.
(2) The licensing authority shall grant a licence—
(a) where it is required for the purpose of manufacture. of explosives if the licensing
authority is satisfied that the person by whom license is required—
(i) possesses technical know-how and experience in the manufacture of explosives;
or
(ii) has in his employment or undertakes to employ a person or persons possessing such
technical know-how and experience; or
(b) where it is required for any other purpose, if the licensing authority is satisfied that the person
by whom licence is required has a good reason for obtaining the same.
**6C. Refusal of licences.—(1) Notwithstanding anything contained in section 6B, the licensing**
authority shall refuse to grant a licence—
(a) where such licence is required in respect of any prohibited explosive; or
(b) where such licence is required by a person whom the licensing authority has reason to
believe—
(i) to be prohibited by this Act or by any other law for the time being in force to
manufacture, possess, sell, transport. import or export any explosive, or
(ii) to be of unsound mind, or
(iii) to be for any reason unfit for a licence under this Act; or
(c) where the licensing authority deems it necessary for the security of the public peace or for
public safety to refuse to grant such licence.
5
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(2) Where the licensing authority refuses to grant a licence to any person it shall record in
writing the reasons for such refusal and furnish to that person on demand a brief statement of the
same unless in any case the licensing authority is of opinion that it will not be in the public
interest to furnish such statement.
**6D. Licensing authority competent to impose conditions in addition to prescribed**
**conditions.—A licence granted under section 6B may contain in addition to prescribed**
conditions such other conditions as may be considered necessary by the licensing authority in
any particular case.
**6E. Variation, suspension and revocation of licences.—(1) The licensing authority may vary the**
conditions subject to which a licence has been granted except such of them as have been prescribed and
may for that purpose require the holder of licence by notice in writing to deliver-up the licence to it within
such time asmay be specified in the notice.
(2)The licensing authority may, on the application of the holder of a licence, also vary the conditions
of the licence except such of them as have been prescribed.
(3) The licensing authority may, by order in writing, suspend a licence for such period as it thinks fit
or revoke a licence,—
(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or
by any other law for the time being in force to manufacture, possess, sell, transport, import or export
any explosive, or is of unsound mind, or is for any reason unfit for a licence under this Act; ot
(b) if the licensing authority deems it necessary for the security of the public peace or for public
safety to suspend or revoke the licence; or
(c) if the licence was obtained by the suppression of material information or on the basis of
wrong information provided by the holder of the licence or any other person on his behalf at the time
of applying for the licence; or
(d) if any of the conditions of the licence has been contravened; or
(e) if the holder of the licence has failed to comply with a notice under sub-section (1)requiring
him to deliver-up the licence.
(4) The licensing authority may also revoke a licence on the application of the holder thereof.
(5) where the licensing authority makes an order varying the conditions of a licence under
sub-section (1) or an order suspending or revoking a licence under sub-section (3), it shall record in
writing the reasons therefor and furnish to the holder of the licence on demand a brief statement of the
same unless in any case the licensing authority is of the opinion that it will not be in the public interest to
furnish such statement.
(6) A court convicting the holder of a licence of any offence under this Act or the rules made
thereunder may also suspend or revoke a licence:
Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall
become void.
(7) An order of suspension or revocation under sub-section (6) mayalso be made by an appellate court
or by the High Court when exercising its powers of revision.
(8) The Central Government may, by order in the Official Gazette, suspend or revoke, or direct any
licensing authority to suspend or revoke, all or any licences granted under this. Act throughout India or
any part thereof.
(9) On the suspension or revocation of a licence under this section the holder thereof shall without
delay surrender the licence to the authority by whom it has been suspended or revoked or to such other
authority as may be specified in this behalf in the order of suspension or revocation.
**6F. Appeals.—(1) Any person aggrieved by an order of the licensing authority refusing to grant a**
licence or varying the conditions of a licence or by an order of the licensing authority suspending or
6
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revoking a licence may prefer an appeal against that order to such authority (hereinafter referred to as the
appellate authority) and within such period as may be prescribed:
Provided that no appeal shall lie against an order made by, or under the direction of, the Central
Government.
(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:
Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the
appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within
that period.
(3) The period prescribed for an appeal shall be computed in accordance with the provisions of the
Limitation Act, 1963 (36 of 1963), with respect to the computation of periods of limitation thereunder.
(4) Every appeal under this section shall be made by a petition in writing and shall be
accompanied by a brief statement of the reasons for the order appealed agianst where such
statement has been furnished to the appellant and by such fee as may be prescribed .
(5) In disposing of an appeal the appellate authority shall follow such procedure as may be
prescribed:
Provided that no appeal shall be disposed of unless the appellant has been given a reasonable
opportunity of being heard.
(6) The order appealed against shall, unless the appellate authority conditionally or
unconditionally directs otherwise, be in force pending the disposal of the appeal against such order.
(7) Every order of the appellate authority confirming, modifying or reversing the order appealed
against shall be final.]
**7. Power to make rules conferring powers of inspection, search, seizure, detention and**
**removal.—(1) The Central Government [1]*** may make rules consistent with this Act authorising any**
officer, either by name or in virtue of his office.—
(a) to enter, inspect and examine [2] [any place, aircraft, carriage or vessel] in which an
explosive is being manufactured, possessed, used, sold, [3][transported, imported or exported]
under a license granted under this Act, or in which he has reason to believe that an explosive has
been or is being manufactured, possessed, used, sold, [3][transported, imported or exported] in
contravention of this Act or of the rules made under this Act;
(b) to search for explosives therein;
(c) to take samples of any explosive found therein on payment of the value thereof; and
4[(d) to seize, detain and remove any explosive or ingredient thereof found therein and, if
necessary, also destroy such explosive or ingredient.]
(2) The provisions of the [5][Code of Criminal Procedure, 1973 (2 of 1974)] relating to searches under
that Code shall, so far as the same are applicable, apply to searches by officers authorised by rules under
this section.
**8. Notice of accidents.** **[6][(1)] Whenever there occurs in or about, or in connection with, any place**
in which an explosive is manufactured, possessed or used, or [7][any aircraft, carriage or vessel] either
conveying an explosive or on or from which an explosive is being loaded or unloaded, any accident by
explosion or by fire attended with loss of human life or serious injury to person or property, or of a
1.The words “or the Local Government with the previous sanction of the Governor-General in Council” omitted by the A.O.
1937.
2. Subs. by Act 32 of 1978, s. 9, for “any place, carriage or vessel” (w.e.f. 2-3-1983).
3. Subs. by s. 9, ibid., for “transported or imported” (w.e.f. 2-3-1983).
4. Subs. by s. 9, ibid., for clause (d) (w.e.f. 2-3-1983).
5. Subs. by s. 9, ibid., for “Code of Criminal Procedure (10 of 1882)” (w.e.f. 2-3-1983).
6. s. 8 renumbered as sub-section (1) thereof by ord. No.18 of 1945, s. 2.
7. Subs. by Act 32 of 1978, s. 10, for “any carriage or vessel” (w.e.f. 2-3-1983).
7
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description usually attended with such loss or injury, the occupier of the place, or [1][the master of the
aircraft or vessel], or the person in charge of the carriage, as the case may be, shall [2][within such time
and in such manner as may be by rule prescribed give notice thereof and of the attendant loss of human
life or personal injury, if any, to the [3][Chief Controller of Explosives] and] to the officer in charge of the
nearest police-station.
4* - - -
5[9. Inquiry into accidents.—(1) Where any accident such as is referred to in section 8 occurs
in or about or in connection with [6][any place, aircraft, carriage or vessel] under the control of any
of [7][Armed Forces of the Union], an inquiry into the causes of the accident shall be held by the
naval, military, or air force authority concerned, and where any such accident occurs in any other
circumstances, the District Magistrate [8]* * *shall, in cases attended by loss of human life, or may,
in any other case, hold or direct a Magistrate subordinate to him to hold, such an Inquiry..
(2) Any person holding an inquiry under this section shall have all the powers of a Magistrate in
holding an inquiry into an offence under the [9][Code of Criminal Procedure, 1973 (2 of 1974)], and
may exercise such of the powers conferred on any officer by rules under section 7 as he may think it
necessary or expedient to exercise for the purposes of the inquiry.
(3) The person holding an inquiry under this section shall make a report to the Central Government
stating the causes of the accident and its circumstances.
(4) The Central Government may make rules—
(a) to regulate the procedure at inquiries under this section;
(b) to enable the [10][Chief Controller of Explosives] to be present or represented at any such
inquiry;
(c) to permit the [10][Chief Controller of Explosives] or his representative to examine any
witnesses at the inquiry;
(d) to provide that where the [10][Chief Controller of Explosives] is not present or represented at
any such inquiry, a report of the proceedings thereof shall be sent to him;
(e) to prescribe the manner in which and the time within which notices referred to in section 8
shall be given.
**9A. Inquiry into more serious accidents.—(1) The Central Government may, where it is of**
opinion, whether or not it has received the report of an inquiry under section 9, that an inquiry or more
formal character should be held into the causes of an accident such as is referred to in section 8, appoint
the [11][Chief Controller of Explosives] or any other competent person to hold such inquiry, and may also
appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry.
(2) Where the Central Government orders an inquiry under this section, it may also direct that any
inquiry under section 9 pending at the time shall be discontinued.
(3) The person appointed to hold an inquiry under this section shall have all the powers of a Civil
Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the
attendance of witnesses and compelling the production of documents and material objects; and every
1. Subs. by s. 10, ibid., for “the master of vessel” (w.e.f. 2-3-1983).
2. Subs. by Act 18 of 1945, s. 2, for “forthwith give notice thereof”.
3. Subs. by Act 32 of 1978, s. 10, for “Chief Inspector of Explosives in India” (w.e.f. 2-3-1983).
4. Sub-section (2) omitted by s. 10, ibid. (w.e.f. 2-3-1983).
5. Subs. by Act 18 of 1945, s. 3, for s. 9.
6. Subs. by Act 32 of 1978, s. 11, for “any place, carriage or vessel” (w.e.f. 2 -3-1983).
7. Subs. by s. 11, ibid.,for “the Indian Forces” (w.e.f. 2-3-1983).
8. The brackets and words “(or in a Presidency-town, the Commissioner of Police)” omitted by s. 11, _ibid. (w.e.f. 2-3-_
1983).
9. Subs. by s. 11, ibid.,for “Code of Criminal Procedure, 1898” (w.e.f. 2-3-1983).
10. Subs. by s. 11, ibid.,for “Chief Inspector of Explosives in India” (w.e.f. 2-3-1983).
11. Subs. by s. 12,ibid.,for “Chief Inspector of Explosives in India” (w.e.f. 2-3-1983).
8
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person required by such person as aforesaid to furnish any information shall be deemed to be legally
bound so to do within the meaning of section 176 of the Indian Penal Code (45 of 1860).
(4) Any person holding an inquiry under this section may exercise such of the powers conferred on
any officer by rules under section 7 as he may think it necessary or expedient to exercise for the purposes
of the inquiry.
(5) The person holding an inquiry under this section shall make a report to the Central
Government stating the causes of the accident and its circumstances, and adding any observations
which he or any of the assessors may think fit to make; and the Central Government shall cause
every report so made to be published at such time and in such manner as it may think fit.
(6) The Central Government may make rules for regulating the procedure at inquiries under this
section.]
1[9B. Punishment for certain offences.—(1) Whoever, in contravention of rules made under section
5 or of the conditions of a licence granted under the said rules—
(a) manufactures, imports or exports any explosive shall he punishable with imprisonment for a
term which may extend to three years, or with fine which may extend to five thousand rupees, or with
both;
(b) possesses, uses, sells or transports any explosive shall be punishable with imprisonment for a
term which may extend to two years or with fine which may extend to three thousand rupees or with
both; and
(c) in any other case, with fine which may extend to one thousand rupees.
(2) Whoever in contravention of a notification issued under section 6 manufactures, possesses or
imports any explosive shall be punishable with imprisonment for a term which may extend to three
years or with fine which may extend to five thousand rupees or with both; and in the case of
importation by water, the owner and master of the vessel or in the ease of importation by air, the
owner, and the master of the aircraft, in which the explosive is imported shall, in the absence of
reasonable excuse, each be punishable with fine which may extend to five thousand rupees.
(3) Whoever,—
(a) manufactures, sells, transports, imports, exports or possesses any explosive in contravention
of the provisions of clause (a) of section 6A; or
(b) sells, delivers or despatches any explosive in contravention of the provisions of clause (b) of
that section,shall be punishable with imprisonment for a term which may extend to three years or with
fine or with both; or
(c) in contravention of the provisions of section 8 fails to give notice of any accident shall be
punishable,—
(i) with fine which may extend to five hundred rupees, or
(ii) if the accident is attended by loss of human life, with[-]imprisonment for a term which may
extend to three months or with fine or with both.
**9C. Offences by companies.—(1) Whenever an offence under this Act has been committed by a**
company, every person who at the time the offence was committed was in charge of, or was responsible
t6 the company for the conduct of the business of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment under this Act if he proves that the offence was committed without his knowledge and
that he exercised all due diligence to prevent the commission of such offence.
1. Ins. by Act 32 of 1978, s. 13.
9
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(2) Notwithstanding anything contained in sub-section (1),where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or
other officer of the company, such director, manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
_Explanation.—Forthe purposes of this section,—_
(a) “company”means any bodycorporate, and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, Means a partner in the firm.]
**10. Forfeiture of explosives.—When a person is convicted of an offence punishable under this Act,**
or the rules made under this Act, the court before which he is convicted may direct that the explosive, or
ingredient of the explosive, or the substance (if any) in respect of which the offence has been committed,
or any part of that explosive, ingredient or substance, shall, with the receptacles containing the same, be
forfeited.
1[11. Distress of aircraft or vessel.—Where the owner or Master of any aircraft or vessel is
adjudged under this Act to pay a fine for any offence committed with, or in relation to, that
aircraft or vessel, the Court may, in addition to any power it may have for the purpose of
compelling payment of the fine, direct it to be levied by distress and sale of,—
(a) the aircraft and its furniture or so much of the furniture, or
(b) the vessel and the tackle, apparel and furniture of such vessel or so much of the tackle,
apparel and furniture thereof,
as is necessary for the payment of the fine.]
**12. Abetment and attempts.—Whoever abets, within the meaning of the Indian Penal**
Code (45 of 1860), the commission of an offence punishable under this Act, or the rules made under this
Act, or attempts to commit any such offence and in such attempt does any act towards the commission of
the same, shall be punished as if he had committed the offence.
**13. Power to arrest without warrant persons committing dangerous offences.—Whoever is**
found committing any act for which he is punishable under this Act or the rules under this Act, and
which tends to cause explosion or fire in or about any place where an explosive is manufactured or
stored, or any railway or port, or any carriage, [2][aircraft or vessel], may be apprehended without a
warrant by a Police-officer, or by the occupier of, or the agent or servant of, or other person
authorised by the occupier of, that place, or by any agent or servant of, or other person authorised
by, the railway administration or [3][conservator of the port or officer in charge of the air port], and
be removed from the place where he is arrested and conveyed as soon as conveniently may be
before a Magistrate.
4[14. Saving and power to exempt.—(1) Nothing in this Act, except sections 8,9 and 9A shall apply
to the manufacture, possession, use, transport or importation of any explosive—
(a) by any of the [5][Armed Forces of the Union, and ordnance factories or other establishments of
such Forces] in accordance with rules or regulations made by [6]***the Central Government;
(b) by any person employed under [7][the Central Government or under a State Government] in
execution of this Act.
1. Subs. by Act 32 of 1978, s. 14, for s. 11 (w.e.f.2-3-1983).
2. Subs. by s, 15, ibid., for “ship or boat” (w.e.f. 2-3-1983).
3. Subs. by s. 15, _ibid., for “conservator of the port” (w.e.f. 2-3-1983)._
4. Subs. by Act 18 of 1945, s. 4, for s. 14.
5. Subs. by Act 32 of 1978, s. 16, for “Indian Forces” (w.e.f. 2-3-1983).
6. The words “His Majesty's Government in the United Kingdom or” omitted by the A.O. 1950.
7. Subs. by the A.O. 1948, for “any Government in British India”.
10
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(2) The Central Government may by notification in the Official Gazette exempt, absolutely or subject
to any such conditions as it may think fit to impose, [1][any explosive and any person or class of
persons from all or any of the provisions of this Act or the rules made thereunder.]
**15. Saving of Arms Act, 1959.** —Nothing in this Act shall affect the provisions of
the [2][Arms Act, 1959 (4 of 1959)]:
Provided that an authority granting a license under this Act for the manufacture,
possession, sale, transport or importation of an explosive may, if empowered in this
behalf by the rules under which the license is granted, direct by an order written on the
license that it shall have the effect of a like license granted under the said [3]*** Arms
Act, 1959 (4 of 1959).
**16. Saving as to liability under other law.** —Nothing in this Act or the rules under
this Act shall prevent any person from being prosecuted under any other law for any
act or omission which constitutes an offence against this Act or those rules, or from
being liable under that other law to any other or higher punishment or penalty than th at
provided by this Act or those rules:
Provided that a person shall not be punished twice for the same offence.
**17. Extension of definition of “explosive” to other explosive substances.** —The
Central Government may, from time to time, by notification in the Official Gazette,
declare that any substance which appears to the Central Government to be specially
dangerous to life or property, by reason either of its explosive properties or of any
process in the manufacture thereof being liable to explosion, shall be deemed to be an
explosive within the meaning of this Act, and the provisions of this Act (subject to such
exceptions, limitations and restrictions as may be specified in the notification) shall
accordingly extend to that substance in like manner as if it were included in the
definition of the term “explosive” in this Act.
4[17A. Power to delegate. —The Central Government may, by notification in the
Official Gazette, direct that any power or function which may be exercised or
performed by it under this Act other than the power under sections 5, 6, 6A, 14 and 17
may, in relation to such matters and subject to such conditions, if any, as it may
specify in the notification, be exercised or performed also by—
(a) such officer or authority subordinate to the Central Government, or
(b) such State Government or such officer or authority subordinate to the State
Government.]
**18. Procedure for making, publication and confirmation of rules.** —(1) An
authority making rules under this Act shall, before making the rules, publish a draft of
the proposed rules for the information of persons likely to be affected thereby.
(2) The publication shall be made in such manner as the Central Government, from
time to time, by notification in the Official Gazette prescribes.
(3) There shall be published with the draft a notice specifying a date at or after
which the draft will be taken into consideration.
(4) The authority making the rules shall receive and consider any objection or
suggestion which may be made by any person with respect to the draft before the date
so specified.
1. Subs. by Act 32 of 1978, s. 16, for certain words (w.e.f. 2-2-1983).
2. Subs. by s. 17, ibid.,for “Indian Arms Act, 1878” (w.e.f. 2-3-1983).
3. The word “Indian” omitted by s. 17, ibid.(w.e.f. 2-3-1983).
4.Ins by s. 18,ibid.(w.e.f. 2-3-1983).
11
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( _5) A rule made under this Act shall not take effect_ [1] *** until it has been
published in the Official Gazette, [2]***.
( _6) The publication in the Official Gazette of a rule purporting to be made under_
this Act shall be conclusive evidence that it has been duly made, and, if it requires sanction, that it has
been duly sanctioned.
(7) All powers to make rules conferred by this Act may he exercised from time to time as
occasion requires.
3[(8) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making
any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.]
1. The words “if it is made by the Governor-General in Council” omitted by the A.O.1937.
2. The words “and if it is made by the Local Government until it has been published in the local Official
Gazette” omitted, ibid.
3. Ins. by Act 32 of 1978, s. 19 (w.e.f. 2-3-1983).
12
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|
24-Jul-1884 | 12 | The Agriculturists' Loans Act, 1884 | https://www.indiacode.nic.in/bitstream/123456789/19140/1/A1884-12.pdf | central | THE AGRICULTURISTS' LOANS ACT, 1884
___________
ARRANGEMENT OF SECTIONS
_______
PREAMBLE.
SECTIONS
1. Short title, Commencement.
2. Local extent.
3. Repeal of Act X of 1879, and sections 4 and 5 of Act XV of 1880.
4. Power for State Government to make rules.
5. Recovery of loans.
6. Liability of joint-borrowers as among themselves.
1
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# THE AGRICULTURISTS' LOANS ACT, 1884
ACT NO. 12 OF 1884[1]
[24th July, 1884.]
An Act to amend and provide for the extension of the Northern India Takkavi Act, 1879.
**Preamble.—WHEREAS it is expedient to amend the Northern India Takkavi Act, 1879 (10 of 1879),**
and provide for its extension to [2][certain other areas];
It is hereby enacted as follow:—
**1. Short title.—(1) This Act may be called the Agriculturists' Loans Act, 1884; and Commencement.**
(2) It shall come into force on the first day of August, 1884.
**2. Local extent.—(1) This section** [3][extends to the whole of India except the territories which,
immediately before the 1st November, 1956, were comprised in Part B States].
4[(2) The rest of this Act extends in the first instance only to Uttar Pradesh, the Central Provinces,
Assam and Delhi and the territories which, immediately before the 1st November, 1956, were comprised
in the States of Bombay, Punjab and Ajmer.]
(3) But any State Government may, from time to time, by notification in the Official Gazette, extend
the rest of this Act to the whole or any part of [5][the territories to which this Act extends] under its
administration.
**3. [Repeal of Act X of 1879, and sections 4 and 5 of Act XV of 1880.] Rep. by Repealing Act, 1938**
(1 of 1938), s. 2 and Schedule.
**4. Power for State Government to make rules.—(1) The State Government** [6][or, in a State for which
there is a Board of Revenue of Financial Commissioner, such Board or Financial Commissioner, subject to
the control of the State Government] may, from time to time,[ 7]*** make rules as to loans to be made to
owners and occupiers of arable land, for the relief of distress, the purchase of seed or cattle, or any other
purpose not specified in the Land Improvement Loans Act, 1883 (19 of 1883), but connected with
agricultural objects.
(2) All such rules shall be published in the Official Gazette.
1. It has been amended in—
C.P. and Berar by C.P. & Berar Acts 34 of 1947 and 54 of 1949;
Coorg by Coorg Act 3 of 1936;
Madras by Madras Act 16 of 1935;
Orissa by Orissa Act 6 of 1937; and
U.P. by U.P. Acts 12 of 1922, 12 of 1934 and 12 of 1948.
Bombay by Bombay Act 27 of 1958.
Repealed in its application to Malabar District of Kerala by Kerala Act 27 of 1961.
Extended to the whole of Madhya Pradesh by M.P. Act 27 of 1958 (when notified).
Extended to the Hyderabad and Saurashtra area of the State of Bombay by Bombay Act 27 of 1958.
Extended to Goa, Daman and Diu with modifications, by Reg. 12 of 1962, s. 3 and Schedule.
This Act as at present in force in the State of Gujarat extended to the Union territory of Dadra and Nagar Haveli by
G. S. R. 1638, date 3-12-1962.
Extended to the Whole of the Union territory of Lakshadweep : vide Reg. 8 of 1965, s.
3 and Schedule. (w.e.f. 1-10-1967).
2. Subs. by the Adaption of Laws (No. 2) Order, 18956, for “other Part A States or Part C States”. (w.e.f. 1-11-1956).
3. Subs., ibid., for “and section 3 extend to the whole of India except Part B States”. (w.e.f. 1-11-1956)
4. Subs. by the Adaption of laws (No. 2.) Order, 1956. For “the territories”(w.e.f. 1-11-1956)
5. Subs. by 2 A.L.O., 1956, for “the territories”.
6. Ins. by Act 4 of 1914, Section 2 and Schedule, Part I.
7. The words “subject to the control of the G.G. in C.” rep. by the Act 4 of 1914, Section 2.
2
-----
1[(3) Every rule made by the State Government or a Board of Revenue or a Financial Commissioner under
this Act shall be laid, as soon as may be after it is made, before the State Legislature."].
**5. Recovery of loans.—Every loan made in accordance with such rules, all interest (if any) chargeable**
thereon, and costs (if any) incurred in making or recovering the same, shall, when they become due, be
recoverable from the person to whom the loan was made, or from any person who has become surety for
the repayment thereof, as if they were arrears of land-revenue or costs incurred in recovering the same due
by the person to whom the loan was made or by his surety.
**6. Liability of joint borrowers as among themselves.—When a loan is made under this Act to the**
members of a village community or to any other persons on such terms that all of them are jointly and
severally bound to the Government for the payment of the whole amount payable in respect thereof, and a
statement showing the portion of that amount which as among themselves each is bound to contribute is
entered upon the order granting the loan and is signed, marked, or sealed by each of them or his agent duly
authorized in this behalf and by the officer making the order, that statement shall be conclusive evidence
of the portion of that amount which as among themselves each of those persons is bound to contribute.
1. Ins. by Act 4 of 2005, s. 2 and Schedule. (w.e.f. 11-1-2005)
3
-----
|
8-Mar-1886 | 06 | The Births, Deaths and Marriages Registration Act, 1886 | https://www.indiacode.nic.in/bitstream/123456789/2309/1/A1886-6.pdf | central | # THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT, 1886
_________
# ARRANGEMENT OF SECTIONS
________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title and commencement.
2. Extent.
3. Definitions.
4. Saving of local laws.
5. Powers exercisable from time to time
CHAPTER II
GENERAL REGISTRY OFFICES OF BIRTHS, DEATHS AND MARRIAGES
6. Establishment of general registry offices and appointment of Registrars General.
7. Indexes to be kept at general registry office.
8. Indexes to be open to inspection.
9. Copies of entries to be admissible in evidence.
10. Superintendence of Registrars by Registrar General.
CHAPTER III
REGISTRATION OF BIRTHS AND DEATHS
_A.—Application of this Chapter_
11. Persons whose births and deaths are registrable.
_B.—Registration Establishment_
12. Power for State Government to appoint Registrars for its territories.
13. [Omitted.].
14. Registrar to be deemed a public servant.
15. [Repealed.].
16. Office and attendance of Registrar.
17. Absence of Registrar or vacancy in his office.
18. Register books to be supplied and preservation of records to be provided for.
_C.—Mode of registration_
19. Duty of Registrar to register births and deaths of which notice is given.
20. Persons authorised to give notice of birth.
21. Persons authorised to give notice of death.
22. Entry of birth or death to be signed by person giving notice.
23. Grant of certificate of registration of birth or death.
-----
SECTIONS
24. Duty of Registrars as to sending certified copies of entries in register books to Registrar General.
25. Searches and copies of entries in register books.
26. Exceptional provision for registration of certain births and deaths.
_D.—Penalty for False Information_
27. Penalty for willfully giving false information.
_E.—Correction of Errors_
28. Correction of entry in register of births or deaths.
CHAPTER IV
AMENDMENT OF MARRIAGE ACTS
29. [Repealed.].
30. [Repealed.].
31. [Repealed.].
CHAPTER V
SPECIAL PROVISIONS AS TO CERTAIN EXISTING REGISTERS
32. Permission to persons having custody of certain records to send them within one year to Registrar
General.
33. Appointment of Commissioners to examine registers.
34. Duties of Commissioners.
35. Searches of lists prepared by Commissioners and grant of certified copies of entries.
35A. Constitution of additional Commissions for purposes of this Chapter.
CHAPTER VI
RULES
36. Rules.
37. [Repealed.].
-----
# THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT, 1886
# ACT NO. 6 OF 1886[1]
[8th March, 1886.]
# An Act to provide for the voluntary Registration of certain Births and Deaths, for the
establishment of General Registry Offices for keeping Registers of certain Births, Deaths and Marriages, and for certain other purposes.
WHEREAS it is expedient to provide for the voluntary registration of births and deaths among certain
classes of persons, for the more effectual registration of those births and deaths and of the marriages
registered under Act 3 of 1872[2], or the Indian Christian Marriage Act, 1872 (15 of 1872) and of certain
marriages registered under the Parsi Marriage and Divorce Act, 1865[3] (15 of 1865), and for the
establishment of general registry offices for keeping registers of those births, deaths and marriages;
AND WHEREAS it is also expedient to provide for the authentication and custody of certain existing
registers made otherwise than in the performance of a duty specially enjoined by the law of the country in
which the registers were kept, and to declare that copies of the entries in those registers shall be
admissible in evidence;
It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Short title and commencement.—(1) This Act may be called the Births, Deaths and Marriages**
Registration Act, 1886; and
(2) It shall come into force on such day[4] as the Central Government, by notification in the Official
Gazette, directs.
5* - - -
6[2. Extent.—This Act extends7 to the whole of India except 8[the territories which, immediately
before the 1st November, 1956, were comprised in Part B States].]
**3. Definitions.—In this Act, unless there is something repugnant in the subject or**
context,—“sign” includes mark, when the person making the mark is unable to write his name;
“prescribed” means prescribed by a rule made [9]*** under this Act; and
“Registrar of Births and Deaths” means a Registrar of Births and Deaths appointed under this
Act.
**4. Saving of local laws.—Nothing in this Act, or in any rule made under this Act, shall affect any law**
heretofore or hereafter passed providing for the registration of births and deaths within particular local
areas.
1. This Act has been extended to and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. No. 6 of 1963, s. 2
and the First Schedule (with modification), to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule (with
modification).
2. See now the Special Marriage Act, 1954 (43 of 1954).
3. See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936).
4. The 1st October, 1888, see Gazette of India, 1888, Part I, p. 336.
5. Sub-section (3) rep. by Act 12 of 1891, s. 2 and the First Schedule.
6. Subs. by the A.O. 1950, for section 2.
7. It has been declared in force in the Sonthal Parganas by s. 3 of the Sonthal Parganas Settlement Regulation, 1872 (3 of 1872).
It has also been partially extended to Berar by the Berar Laws Act, 1941 (4 of 1941).
8. Subs. by the Adaptation of Laws (No. 2), Order 1956, for “Part B States”.
9. The words “by the G.G. in C.” rep. by the A.O. 1937.
-----
**5. Powers exercisable from time to time.—All powers conferred by this Act may be exercised from**
time to time as occasion requires.
CHAPTER II
GENERAL REGISTRY OFFICES OF BIRTHS, DEATHS AND MARRIAGES
**6. Establishment of general registry offices and appointment of Registrars General.—(1) Each**
State Government—
(a) shall establish a general registry office for keeping such certified copies of registers of births
and deaths registered under this Act, or marriages registered under Act 3 of 1872[1] (to provide a form
_of marriage in certain cases) or the Indian Christian Marriage Act, 1872 ( 15 of 1872), or, beyond the_
local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Bombay,
under the Parsi Marriage and Divorce Act, 1865[2] (15 of 1865), as may be sent to it under this Act, or
under any of the three last-mentioned Acts, as amended by this Act; and
(b) may appoint to the charge of that office an officer, to be called the Registrar General of Births,
Deaths and Marriages, for the territories under its administration:
3* - - -
**7. Indexes to be kept at general registry office.—Each Registrar General of Births, Deaths and**
Marriages shall cause indexes of all the certified copies of registers sent to his office under this Act, or
under Act 3 of 1872[1] the Indian Christian Marriage Act, 1872 (15 of 1872), or the Parsi Marriage and
Divorce Act, 1865[2] (15 of 1865), as amended by this Act, to be made and kept in his office in the
prescribed form.
**8. Indexes to be open to inspection.—Subject to the payment of the prescribed fees the indexes so**
made shall be at all reasonable time open to inspection by any person applying to inspect them, and
copies of entries in the certified copies of the registers to which the indexes relate shall be given to all
persons applying for them.
**9. Copies of entries to be admissible in evidence.—A copy of an entry given under the last**
foregoing section shall be certified by the Registrar General of Births, Deaths and Marriages, or by an
officer authorised in this behalf by the State Government and shall be admissible in evidence for the
purpose of proving the birth, death or marriage to which the entry relates.
**10. Superintendence of Registrars by Registrar General.—Each Registrar General of Births,**
Deaths and Marriages shall exercise a general superintendence over the Registrars of Births and Deaths in
the territories for which he is appointed.
CHAPTER III
REGISTRATION OF BIRTHS AND DEATHS
_A.—Application of this Chapter_
**11. Persons whose births and deaths are registrable.—(1) The persons whose births and deaths**
shall, in the first instance, be registrable under this Chapter are the following, namely:—
(a) in [4][the territories to which this Act extends] the members of every race, sect or tribe to which
the Indian Succession Act, 1865[5] (10 of 1865) applies, and in respect of which an order under section
332 of that Act is not for the time being in force, and all persons professing the Christian religion;
1. See now the Special Marriage Act, 1954 (43 of 1954).
2. See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936).
3. Sub-section (2) rep. by the A.O. 1937.
4. Subs. by the Adaptation of Laws (No. 2), Order 1956, for “a Part A State or a Part C State”.
5. See now the Indian Succession Act, 1925 (39 of 1925), s. 3.
-----
1* - - -
(2) But the State Government by notification in the Official Gazette, may [2]*** extend the operation of
this Chapter to any other class of persons either generally or in any local area.
_B.—Registration Establishment_
**12. Power for State Government to appoint Registrars for its territories.—The State Government**
may appoint, either by name or by virtue of their office, so many persons as it thinks necessary to be
Registrars of Births and Deaths for such local areas within the territories under its administration as it
may define and, if it sees fit, for any class of persons within any part of those territories.
**13.** [Power for Central Government to appoint Registrars for Indian States]. _Omitted. by the A.O._
1950.
**14. Registrar to be deemed a public servant.—Every Registrar of Births and Deaths shall be**
deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
**15. [Power to remove Registrars].—Rep. by the A.O. 1937.**
**16. Office and attendance of Registrar.—(1) Every Registrar of Births and Deaths shall have an**
office in the local area, or within the part of the territories or dominions for which he is appointed.
(2) Every Registrar of Births and Deaths to whom the State Government may direct this sub-section
to apply shall attend at his office for the purpose of registering births and deaths on such days and at such
hours as the Registrar General of Births, Deaths and Marriages may direct, and shall cause to be placed in
some conspicuous place on or near the outer door of his office his name, with the addition of Registrar of
Births and Deaths for the local area or class for which he is appointed, and the days and hours of his
attendance.
**17. Absence of Registrar or vacancy in his office.—(1) When any Registrar of Births and Deaths to**
whom the State Government may direct this section to apply[3], not being a Registrar of Births and Deaths
for a local area in the town of Calcutta, Madras or Bombay is absent, or when his office is temporarily
vacant, any person whom the Registrar General of Births, Deaths and Marriages appoints in this behalf,
or, in default of such appointment the Judge of the District Court within the local limits of whose
jurisdiction the Registrar’s office is situate, or such other officer as the State Government appoints in this
behalf, shall be the Registrar of Births and Deaths during such absence or until the State Government fills
the vacancy.
(2) When any such Registrar of Births and Deaths for a local area in the town of Calcutta, Madras or
Bombay is absent, or when his office is temporarily vacant, any person whom the Registrar General of
Births, Deaths and Marriages appoints in this behalf shall be the Registrar of Births and Deaths during
such absence or until the State Government fills the vacancy.
(3) The Registrar General of Births, Deaths and Marriages shall report to the State Government all
appointments made by him under this section.
**18. Register books to be supplied and preservation of records to be provided for.—The State**
Government shall every Registrar of Births and Deaths with a sufficient number of register books of
births and of register books of deaths, and shall make suitable provision for the preservation of the
records connected with the registration of births and deaths.
1. Clause (b) omitted by the A.O. 1950.
2. The words “with the previous approval of the G. G. in C.,” omitted by the Act 38 of 1920, s. 2 and the First Schedule.
3. The section has been declared by the Government of Madras to apply to all Registrars appointed by that Government under
section 12, see Mad. R. and O.
-----
_C.—Mode of registration_
**19. Duty of Registrar to register births and deaths of which notice is given.—Every Registrar of**
Births and Deaths of notice of a birth or death within the local area or among the class for which he is
appointed, shall, if the notice is given within the prescribed time and in the prescribed mode by a person
authorized by this Act to give the notice, forthwith make an entry of the birth or death in the proper
register book:
Provided that—
(a) if he has reason to believe the notice to be in any respect false, he may refuse to register
the birth or death until he receives an order from the Judge of the District Court directing him to make
the entry and prescribing the manner in which the entry is to be made; and
(b) he shall not enter in the register the name of any person as father of an illegitimate child,
unless at the request of the mother and of the person acknowledging himself to be the father of the
child.
**20. Persons authorised to give notice of birth.—Any of the following persons may give notice of a**
birth, namely:—
(a) the father or mother of the child;
(b) any person present at the birth;
(c) any person occupying, at the time of the birth, any part of the house wherein the child was
born and having knowledge of the child having been born in the house;
(d) any medical practitioner in attendance after the birth and having personal knowledge of birth
occurred;
(e) any person having charge of the child.
**21. Persons authorised to give notice of death.—Any of the following persons may give notice of a**
death, namely:—
(a) any relative of the deceased having knowledge of any of the particulars required to be
registered concerning the death;
(b) any person present at the death;
(c) any person occupying, at the time of the death, any part of the house wherein the death
occurred and having knowledge of the deceased having died in the house;
(d) any person in attendance during the last illness of the deceased:
(e) any person who has seen the body of the deceased after death.
**22. Entry of birth or death to be signed by person giving notice.—(1) When an entry of a birth or**
death has been made by the Registrar of Births and Deaths under section 19, the person giving notice of
the birth or death must sign the entry in the register in the presence of the Registrar:
1[Provided that it shall not be necessary for the person giving notice to attend before the Registrar or
to sign the entry in the register if he has given such notice in writing and has furnished to the satisfaction
of the Registrar such evidence of his identity as may be required by any rules made by the State
Government in this behalf.]
1. Ins. by Act 9 of 1911, s. 2.
-----
(2) Until the entry has been so signed, [1][or the conditions specified in the proviso to sub-section (1)
have been complied with] the birth or death shall not be deemed to be registered under this Act.
(3) When the birth of an illegitimate child is registered, and the mother and the person acknowledging
himself to be the father of the child jointly request that person may be registered as the father, the mother
and that person must both sign the entry in the register in the presence of the Registrar.
**23. Grant of certificate of registration of birth or death.—The Registrar of Births and Deaths**
shall, on application made at the time of registering any birth or death by the person giving notice of the
birth or death, and on payment by him of the prescribed fee, give to the applicant a certificate in the
prescribed form signed by the Registrar, of having registered the birth or death.
**24. Duty of Registrars as to sending certified copies of entries in register books to Registrar**
**General.—(1) Every Registrar of Birth and Deaths in [2][the territories to which this Act extends] shall**
send to the Registrar General of Birth, Deaths and Marriages for the territories within which the local area
or class for which he is appointed is situate or resides, at the prescribed intervals, a true copy certified by
him, in the prescribed form, of all the entries of births and deaths in the register book kept by him since
the last of those intervals:
Provided that in the case Registrars of Births and Deaths who are clergymen of the Churches of
England, Rome and Scotland the Registrar may, if so directed by his ecclesiastical superior, send the
certified copies in the first instance to that superior, who shall send them to the proper Registrar General
of Births, Deaths and Marriages.
In this sub-section “Church of England” and “Church of Scotland” means the Church of England and
the Church of Scotland as by law established respectively; and “Church of Rome” means the Church
which regards the Pope of Rome as its spiritual head.
3* - - -
4* - - -
**25. Searches and copies of entries in register books.—(1) Every Registrar of Births and Deaths**
shall, on payment of the prescribed fees, at all reasonable times, allow searches to be made in the register
books kept by him, and give a copy of any entry in the same.
(2) Every copy of an entry in a register book given under this section shall be certified by the
Registrar of Births and Deaths, and shall be admissible in evidence for the purpose of proving the birth or
death to which the entry relates.
**26. Exceptional provision for registration of certain births and deaths.—Notwithstanding**
anything in section 19, the [5][State Government] may make rules[6] authorising Registrars of Births and
Deaths, on conditions and in circumstances to be specified in the rules, to register births and deaths
occurring outside the local areas or classes for which they are appointed.
_D.—Penalty for False Information_
**27. Penalty for willfully giving false information.—If any person willfully makes, or causes to be**
made, for the purpose of being inserted in any register of births or deaths, any false statement in
connection with any notice of a birth or death under this Act, he shall be punished with imprisonment for
a term which may extend to three years, or with fine, or with both.
1. Ins. by Act 9 of 1911, s. 2.
2. Subs. by the Adaptation of Laws (No. 2), Order 1956, for “Part A States or Part C States”.
3. Sub-section (2) omitted by the A.O. 1950
4. The proviso rep. by the A.O. 1937.
5. Subs. by Act 9 of 1911, s. 3 for “G.G. in C.”.
6. For rules made under section 26 conjointly with sections 28 and 36, _see Gazette of India, 1888, Part. I, p. 336, and different_
local Rules and Orders. All rules made by the G.G. in C. under this Act, before 1911, shall be deemed to have been made by
the State Governments, see section 6 of Act 9 of 1911.
-----
_E.—Correction of Errors_
**28. Correction of entry in register of births or deaths.—(1) If it is proved to the satisfaction of a**
Registrar of Births and Deaths that any entry of a birth or death in any register kept by him under this Act
is erroneous in form or substance, he may, subject to such rules[1] as may be made by the [2][State
Government] with respect to the conditions and circumstances on and in which errors may be corrected,
correct the error by entry in the margin, without any alteration of the original entry, and shall sign the
marginal entry and add thereto the date of the correction.
(2) If a certified copy of the entry has already been sent to the Registrar General of Births, Deaths and
Marriages, the Registrar of Births and Deaths shall make and send a separate certified copy of the original
erroneous entry and of the marginal correction therein made.
CHAPTER IV
AMENDMENT OF MARRIAGE ACTS
**29. [Addition of new section after section 13, Act 3 of 1872].** _Rep. by the Repealing Act, 1938 (1 of_
1938), s. 2 and the Schedule.
**30. [Amendment of the Indian Christian Marriage Act, 1872].** _Rep. by s. 2 and the Schedule, ibid._
**31. [Addition of new section after section 8 of the Parsi Marriage and Divorce** _Act, 1865]._ _Rep. by_
_s. 2 and the Schedule, ibid._
CHAPTER V
SPECIAL PROVISIONS AS TO CERTAIN EXISTING REGISTERS
**32. Permission to persons having custody of certain records to send them within one year to**
**Registrar General.—If any person in** [3][the territories to which this Act extends] has for the time being
the custody of any register or record of birth, baptism, naming, dedication, death or burial of any persons
of the classes referred to in section 11,subsection (1), or, of any register or record of marriage of any
persons of the classes to which Act III of 1872 or the Indian Christian Marriage Act, 1872(15of 1872) or
the Parsi Marriage and Divorce Act, 1865 (15 of 1865) applies, and if such register or record has been
made otherwise than in performance of a duly specially enjoined by the law of the country in which the
register or record was kept, he may, [4][at any time before the first day April, 1891,] send the register or
record to the office of the Registrar General or Births, Deaths and Marriages for the territories within
which he resides, [5]***.
**33. Appointment of Commissioners to examine registers.—[6][(1) Any State Government in the case**
of registers or records sent under section 32 to the Registrar General for the territories under its
administration, [7]*** may appoint so many persons as it [8]*** thinks fit to be Commissioner for examining
such registers or records.]
1. For rules made under section 26 conjointly with sections 28 and 36, _see Gazette of India, 1888, Part. I, p. 336 and different_
local Rules and orders. All rules made by the G.G. in C. under this Act, before 1911, shall be deemed to have been made by
the State Government, see section 6 of Act 9 of 1911.
2. Subs. by Act 9 of 1911, s. 3 for “G.G. in C.”.
3. Subs. by the Adaptation of Laws (No. 2), Order 1956, for “a Part A State or a Part C State”.
4. Subs. by Act 16 of 1890, s. 1, for “within one year from the date on which this Act comes into force”.
5. Certain words including the proviso which was inserted by Act 38 of 1920, s. 2 and the Schedule, omitted by the A.O. 1950.
6. Subs. by Act 38 of 1920, s. 2 and the First Schedule, for sub-section (1).
7. Certain words omitted by the A.O. 1950.
8. The words “or he, as the case may be,” rep. by the A.O. 1937.
-----
(2) The Commissioners so appointed shall hold office for such period as the [1][authority appointing
them], by the order of appointment, or any subsequent order, directs.
**34. Duties of Commissioners.—(1) The Commissioners appointed under the last foregoing section**
shall enquire into the state, custody and authenticity of every such register or record as may be sent to the
Registrar General of Births, Deaths and Marriages under section 32;
and shall deliver to the Registrar General a descriptive list or descriptive lists of all such registers or
records, or portions of registers or records, as they find to be accurate and faithful.
(2) The list or lists shall contain the prescribed particulars and refer to the registers or records, or to
the portions of the registers or records, in me prescribed manner.
(3) The Commissioners, shall also certify in writing, upon some part of every separate book or
volume containing any such register or record, or portion of a register or record, as is referred to in any
list or lists made by the Commissioners, that it is one of the registers or records, or portions of registers or
records, referred to in the said list or lists.
**35. Searches of lists prepared by Commissioners and grant of certified copies of entries.—(1)**
Subject to the payment of the prescribed fees, the descriptive list or lists of registers or records, or
portions of registers or records, delivered by the Commissioners to the Registrar General of Births,
Deaths and Marriages shall be, at all reasonable times, open to inspection by any person applying to
inspect it or them, and copies of entries in those registers or records shall be given to all persons applying
for them.
(2) A copy of an entry given under this section shall be certified by the Registrar General of Births,
Deaths and Marriages, or by an officer or person authorised in this behalf by the State Government and
shall be admissible in evidence for the purpose of proving the birth, baptism, naming, dedication, death,
burial or marriage to which the entry relates.
2[35A. Constitution of additional Commissions for purposes of this Chapter.—(1) 3*** The State
Government [4][may by notification in the Official Gazette] appoint more Commissions[5] than one for the
purposes of section 33, each such Commission consisting of so many and such members, and having its
functions restricted to the disposal, under this Act and the rules there under, of such registers and records
sent under section 32 to the Registrar General, as may be specified in the notification.
(2) If more Commissions than one are appointed in exercise of the power conferred by sub-section
(1), then references in this Act to the Commissioners shall be construed as references to the members
constituting a Commission so appointed.]
CHAPTER VI
RULES
6[36. Rules.—7[(1) The State Government, for each State 8*** may make rules to carry out the
purpose of this Act.]
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(a) fix the fees payable under this Act;
1. Subs. by Act 38 of 1920, s. 2 and Sch. 1, for “G.G. in C”.
2. Section 35A was added by the Births, Death and Marriages Registration Act, (1886) Amendment Act, 1890 (16 of 1890), s. 2,
which was repealed by the Devolution Act, 1920 (38 of 1920), s. 3 and the Second Schedule. The present sub-section (1) was
subs. for the original sub-section by the Devolution Act, 1920 (38 of 1920), s. 2 and the First Schedule, and sub-section (2),
was inserted by the Repealing and Amending Act, 1934 (24 of 1934), s. 2 and the First Schedule.
3. The words “The Central Government or” omitted by the A.O. 1950.
4. Subs. by the A.O. 1937, for “if he or it thinks fit, may by notification in the Gazette of India or the local Official Gazette, as the
case may be”.
5. For Commissioners appointed under this section, see Gazette of India, 1890, Pt. I, p. 744.
6. Subs. by Act 9 of 1911, s. 4, for section 36.
7. Subs. by the A.O. 1937, for sub-section (1).
8. The words “and the Central Government for British subjects in Indian States” omitted by the A.O. 1950.
-----
(b) prescribe the forms required for the purposes of this Act;
(c) prescribe the time within which, and the mode in which, persons authorised under this Act to
give notice of a birth or death to a Registrar of Births and Deaths must give the notice;
(d) prescribe the evidence of identity to be furnished to a Registrar of Birth and Deaths by
persons giving notice of a birth or death in cases where personal attendance before such Registrar is
dispensed with;
(e) prescribe the registers to be kept and the form and manner in which Registrars of Births and
Deaths are to register births and deaths under this Act, and the intervals at which they are to send to
the Registrar General of Births, Deaths and Marriages true copies of the entries of births and deaths in
the registers kept by them;
(f) prescribe the conditions and circumstances on and in which Registers of Births and Deaths
may correct entries of births and deaths in registers kept by them;
(g) prescribe the particulars which the descriptive list or lists to be prepared by the Commissioner
appointed under Chapter V are to contain, and the manner in which they are to refer to the registers or
records, or portions of registers or records, to which they relates; and
(h) prescribe the custody in which those registers or records are to kept.
(3) Every power to make rules conferred by this Act is subject to the condition of the rules being
made after previous publication.
(4) All rules made under this Act shall be published in the Official Gazette and on such publication
shall have effect as if enacted in this Act.]
**37. [Procedure for making and publication of rules].** _Rep. by the Births, Deaths and Marriages_
_Registration (Amendment) Act, 1911 (9 of 1911) s. 5._
___________
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|
10-Mar-1886 | 09 | The Deo Estate Act | https://www.indiacode.nic.in/bitstream/123456789/19547/1/a1886-9.pdf | central | # The Deo Estate Act, 1886
ACT NO. IX OF 1886.
PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
_(Received the assent of the Governor General on the 10[th ]March,1886.)_
An Act to apply the Chutia Nagpur Encumbered Estates Act, 1876, to the Deo Estate in the
Gaya District.
WHEREAS Raja Bhikam Narayan Singh Bahadur, of Deo in the district of Gaya, is subject to,
and his immoveable property is charged with, debts and liabilities other than debts due, and
liabilities in- curred, to the Government;
And whereas the said Raja has requested that the provisions of the Chutia Nagpur Encumbered
Estates Act,1876, be applied to his case;
And whereas the persons to whom the debts are due and the liabilities have been incurred have
assented to the application of the Chutia Nagpur Encumbered Estates Act, 1876 (VI of 1876.), to
the case on the condition that their title to receive the principal and interest due to them be in no
way impaired thereby;
It is hereby enacted as follows:—
**1. Short** **title and commencement.—(1) This Act may be called the Deo Estate Act, 1886; and**
_(2) It shall come into force at once._
**2. Application of Act VI of 1876 to the Deo Estate .— The provisions of the Chutia Nagpur**
Encumbered Estates Act,1876 (VI of 1876), as amended by Act V of 1884, may be applied to the
case of the said Raja Bhikam Narayan Singh Bahadur, subject to the following modifications,
namely : —
_(1) The expressions “Commissioner”, “Deputy Commissioner” and “holder”, where used in the_
said Act, shall be construed as referring to the Commissioner of the Patna division, the Collector of
the Gaya district and the said Ra’ja’, respectively.
(2) Notwithstanding anything in section 2 of the said Act, the Commissioner may, without any
further application from the said Ra’ja’ and without any further notification of the consent of the
Lieutenant-Governor of Bengal, publish an order under that section appointing a manager and
vesting in him the management of the whole of the immoveable property of or to which the said
Ra’ja’ is then possessed or entitled in his own right, or which he is entitled to redeem, or which
may be acquired by or devolve on him or his heir during the continuance of the management.
_(3) Section 4 of the said Act shall be read as if after the words “and their families” the words_
“and persons entitled to receive maintenance from the property” were added.
_(4) Notwithstanding anything in section 8 –_
the sums mentioned in column 2 and column 4 of the schedule to this Act, as principal and as
balance due from the said Raja on the thirty-first day of December, 1885, respectively,
and the rate of interest mentioned in column 3 of that schedule,
-----
shall, save in so far as any error with respect thereto may be proved to the satisfaction of the
Commissioner, be deemed to be justly due to the several persons mentioned in column 1 of the
schedule.
_(5) The scheme prepared and approve under section 11 of the said Act shall provide that out of_
the residue applicable under section 4 of that Act, after discharge of costs of management, to the
settlement of debts and liabilities, interest at the rate of six per cent. per annum in respect of so
much of the principal sum of six hundred and fifty thousand rupees as is for the time being due to
the Maharaja of Darbhanga shall be paid to the Maharaja before any sum is paid thereout to any
other creditor.
_(6) The second clause of section 12 of the said Act shall be read as if for the words “ at any_
time before a scheme has been approved by him under section 11” the words “ at any time before
the occurrence of either of the events mentioned in the first and third clauses of this section” were
substituted.
_(7) The power conferred on the manager by the second clause of section 16 of the said Act, to_
apply for the removal of a mortgagee or conditional vendee in possession, shall not be exercised.
_(8) The exercise of the power of sale conferred by section 18 of the said Act shall be subject to_
the following conditions, namely: —
_(a) that one month’s notice shall be given to the Maharaja of Darbhanga of the manager’s_
intention to sell any property of which the said Maharaja is mortgagee;
_(b) that until the debt due to the said Maharaja has been reduced to the sum of six hundred_
and fifty thousand rupees no portion of the proceeds of the sale of any of that property shall,
without the previous consent of the Maharaja, be paid to any other creditor; and
_(c)_ that, except with the previous consent of the said Maharaja, so much of that property
shall be left unsold as will yield a yearly income sufficient, after compliance with the rest of the
scheme prepared and approved under section 11 of the said Act, to meet the yearly interest for
the time being payable to the Maharaja .
_(9) Section 23 of the said Act shall be read as if for the words “ the Courts in Chutia Nagpur”_
the words “any Court “ were substituted, and as if the following words were added to the section
to the section, namely: —
“and a suit relating to a claim of maintenance from the property shall not be entertained by
any such Court without the previous consent of the Commissioner.”
**3.** **Saving of Priority of Crown debts.—Nothing contained in this Act shall be construed as**
affecting the priority of any debt due, or liability incurred, to the Government.
______
-----
SCHEDULE.
_(Sec section 2,clause (4).)_
|Name of creditor.|Principal.|Col3|Col4|Annual rate of interest per centum.|Balance due on the 31st December,1885.|Col7|Col8|
|---|---|---|---|---|---|---|---|
|1.|2.|||3.|4.|||
|Maharaja Lachhmeshar Singh|Rs|A.|P||Rs.|A.|p|
|Bahadur of Darbhanga .|6.50,000|0|0|6|8,18,141|4|0|
|Babu Kameshwar Prasad .|2,89,751|12|2|6|2,58,340|2|7|
|Ditto . . .|21,0000|0|0|12|21,000|0|0|
|Ditto . . .|9,000|0|0|12|9,000|0|0|
|Sayyid Lutf Ali Khan Bahadur|12,045|4|0|6|13,460|8|8|
|Nurjahan Begum . .|9,405|0|0|6|10,577|10|1|
|Gosain Dalmirpuri . .|5,000|0|0|6|6,535|0|0|
|Gosain Dalmirpuri and Bhakhi Singh . . .|5,400|0|0|6|4,850|0|0|
|Babu Ramgopal Singh and Babu Ram Kirpal Singh .|4,000|0|0|12|4,000|0|0|
|Ditto . . .|3,500|0|0|12|3,500|0|0|
|Ditto . . .|14,484|8|9|6|15,377|12|2|
|Sayyid-un-nissa Bibi . .|29,660|0|0|18|53,725|1|0|
|Babu Baijnath Singh . .|13,503|13|9|12|17,996|1|10|
|Ditto . . . .|777|8|5|Nil|777|8|5|
|Shaikh Imaman and Ramdhan Barai . . . .|10,000|0|0|9|10,000|0|0|
|Bihari Lal Barik . . .|3,300|0|0|72|6,006|0|0|
|Ditto . . . .|1,750|0|0|72|3,094|0|0|
|Lachhman D’as and Mathura D’as . . . .|4,998|2|6|6|4,215|14|7|
-----
|Ramkishan D’as . . .|1,195|10|0|12|1,267|5|0|
|---|---|---|---|---|---|---|---|
|Narayan Sahu, Sheo Sahu, Bhichuk Sahu and Sheocharan Sahu . . .|3,500|0|0|12|3,052|12|0|
|Madho Singh . . .|7,702|0|6|6|7,070|6|11|
|Raghubar Singh . . .|3,000|0|0|12|2,824|2|4|
|Raghubar Singh . . .|3,000|0|0|12|2,824|2|4|
|Bishn Saran Lal . . .|389|0|0|12|389|0|0|
|Maharani Baliraj Kunwar .|80,000|0|0|4½|80,000|0|0|
-----
|
12-Mar-1886 | 11 | The Indian Tramways Act, 1886 | https://www.indiacode.nic.in/bitstream/123456789/2310/1/a1886-11.pdf | central | # THE INDIAN TRAMWAYS ACT, 1886
__________
ARRANGEMENT OF SECTIONS
__________
PRELIMINARY
SECTIONS
1. Short title and commencement.
2. Local extent.
3. Definitions.
ORDERS AUTHORISING THE CONSTRUCTION OF TRAMWAYS
4. Application for and consent necessary to making of order.
5. Consent of local or road-authority not necessary in certain cases.
6. Procedure for making order.
7. Contents of order.
8. Further order.
9. Power to authorise joint work by local authorities.
10. Cessation of powers given by an order.
CONSTRUCTION AND MAINTENANCE OF TRAMWAYS
11. Mode of formation of tramway.
12. Inspection of tramway before opening.
13. Agreement between road-authority and promoter as to repair of roadway.
TRAFFIC ON TRAMWAYS
14. Rights of promoters and the public over tramways.
15. Tolls leviable by promoter or lessee.
16. Carriage of dangerous or offensive goods.
LICENSES TO USE TRAMWAYS
17. Grant to third parties of licenses to use tramway in certain events.
18. Licensee to give to promoter or lessee an account of traffic.
DISCONTINUANCE OF TRAMWAYS
19. Cessation of powers of promoter and lessee on discontinuance of tramway.
20. Powers of road-authority on cessation of powers of promoter.
1
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SECTIONS
INSOLVENCY OF PROMOTER
21. Proceedings in case of insolvency of promoter.
PURCHASE OF TRAMWAYS
22. Future purchase of undertaking by local authority.
WORKING OF TRAMWAYS OWNED BY LOCAL AUTHORITIES
23. Lease of, or working of, tramway by local authority.
RULES
24. Power to make rules.
25. Power to impose penalty by rule.
26. Procedure for making, and publication of, rules.
OFFENCES
27. Penalty for failure of promoter, lessee or licensee to comply with act or order.
28. Penalty for obstructing promoter in exercise of his powers.
29. Penalty for interfering with tramway.
30. Penalty for using tramway with carriage having flange-wheels.
31. Penalty for evading payment of proper toll.
32. Penalty for taking or sending dangerous or offensive goods without giving notice.
33. Penalty for licensee not giving to promoter or lessee an account of traffic or giving false account.
34. Saving of prosecutions under other laws.
SETTLEMENT OF DIFFERENCES
35. Differences between promoters or lessees and authorities.
RECOVERY OF TOLLS
36. Recovery of moneys due from promoters and, in certain cases, from lessees.
37. Recovery of tolls from licensees.
38. Recovery of tolls from passengers.
SAVINGS
39. Promoter to have right of user only.
40. Saving of power over roads traversed by tramways.
41. Saving of power of local authority and police to regulate traffic on roads.
SUPPLEMENTAL PROVISIONS
42. Promoters, lessees and licensees to be responsible for all injuries.
43. Want of funds not a sufficient reason for default.
44. Power to exempt from municipal taxation.
45. Application by local authorities of local funds to tramways.
46. Extension of Act to existing tramways.
2
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SECTIONS
47. Prohibition of construction of tramways except under this Act.
48. Transfer of control on exclusion of local area from circle of local authority.
49. [Repealed.].
50. Powers of Government exercisable from time to time.
3
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# THE INDIAN TRAMWAYS ACT, 1886
ACT NO. 11 OF 1886
An Act to facilitate the construction and to regulate the working of tramways.
[12th March, 1886.]
WHEREAS it is expedient to facilitate the construction and to regulate the working of tramways; It is
hereby enacted as follows:—
PRELIMINARY
**1. Short title and commencement.—(1) This Act may be called the Indian Tramways Act, 1886; and**
(2) It shall come into force at once.
**2. Local extent.—(1) It extends in the first instance to [1][the whole of India except [2][the territories**
which, immediately before the 1st November, 1956, were comprised in Part B States] and the territories
which were on the 12th March, 1886, respectively], administered by the Governor of Fort Saint George in
Council, the Governor of Bombay in Council and the Lieutenant-Governor of Bengal.
3[(2) This Act may by notification in the Official Gazette be extended to the whole or any part of the
said territories by the State Government concerned.]
**3. Definitions.—In this Act, unless there is something repugnant in the subject or context,—**
(1) “local authority” means a municipal committee, district board, body of port commissioners or
other authority legally entitled to, or entrusted by [4][the Central Government or any State Government]
with, the control or management of a municipal or local fund:
(2) “road” means the way of a road, street, thoroughfare, passage or place along or across which a
tramway authorised under this Act is, or is intended to be, laid, and includes the surface-soil and
sub-soil of a road, and the footway, berms, drains and ditches of a road, and any bridge, culvert or
causeway forming part of -a road:
(3) “road-authority”, in relation to a road, means—
(a) if a local authority maintains and repairs the road, then that authority;
(b) if a local authority does not maintain and repair the road, and the road is neither vested in
Government nor maintained and repaired by [4] [[5]*** Government], then the person in whom the
road is vested; and
(c) if a local authority does not maintain and repair the road, and the road is vested in
1. Subs. by the A. O. 1950, for “all the Provinces of India except the territories”.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
3. Subs. by the A. O. 1937, for sub-section 2.
This Act has been extended to the whole of the Bombay Presidency except the city of Bombay, see Bombay Gazette,
1887, Pt. I, p. 899 and to the city of Madras, see Fort St. George Gazette, 1886, Pt. I, p. 750 and to Pondicherry by Reg.7 of
1963. s. 3 and the First Schedule w. e. f. 1-10-1963. It has also been partially extended to Berar by the Berar Laws Act,
1941 (4 of 1941). For separate Acts on the subject of tramways in—
Bengal, see the Bengal Tramways Act, 1883 (Ben. 3 of 1883);
Calcutta, see the Calcutta Tramways (Electric Traction) Act, 1900 (Ben. 4 of 1900), and the Calcutta Tramways Act,
1880 (Ben. 1 of 1880);
Bombay, see the Bombay Tramways Act, 1874 (Bom. 1 of 1874).
4. Subs. by the A.O. 1937, for “the Govt.”
5. The words “the Central Government or any Provincial” omitted by the A.O. 1950.
4
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Government or maintained and repaired by [1][[2]*** Government], then [3][the Government for whose
purposes a road is so vested or by which the road is maintained and repaired, as the case may be]:
(4) “circle”, in relation to a local authority or road-authority, means the area within the control of
that authority:
4[(5) “tramway” means a tramway having one, two or more rails, and includes—
(a) any part of a tramway, or any siding, turnout, connection, line or track belonging to a
tramway;
(b) any electrical equipment of a tramway; and
(c) any electric supply-line transmitting power from a generating station or substation to a
tramway or from a generating station to a sub-station from which power is transmitted to a
tramway:]
(6) “order” means an order authorising the construction of a tramway under this Act, and includes a
further order substituted for, or amending, extending or varying, that order:
(7) “promoter” means a local authority or person in whose favour an order has been made, and
includes a local authority or person on whom the rights and liabilities conferred and imposed on the
promoter by this Act and by the order and any rules made under this Act as to the construction,
maintenance and use of the tramway, have devolved:
(8) “undertaking” includes all moveable and immoveable property of the promoter suitable to and
used by him for the purposes of the tramway:
(9) “carriage”, in the case of a tramway on which steam-power or any other mechanical power [5][or
electrical power] is used, includes an engine worked on the tramway for the purpose of producing [5][or
utilising] that power:
(10) “toll” includes any charge leviable in respect of the use of a tramway:
(11) “lessee” means a person to whom a lease has been granted of the right of user of a tramway and
of demanding and taking the authorised tolls:
(12) “District Magistrate” includes an officer empowered by the [6][Government] by name or by
virtue of his office to discharge within any local area all or any of the functions of a District Magistrate
under this Act:
(13) “District Court” means a principal Civil Court of original jurisdiction, and includes a High
Court having ordinary original civil jurisdiction:
(14) “Collector” means the chief officer in charge of the revenue-administration of a district,
and includes an officer empowered by the [6][Government] by name or by virtue of his office to
discharge within any local area the functions of a Collector under this Act: [7]***
(15) “prescribed” means prescribed by rules made by the [6][Government] under this Act: [8][and]
9
[(16) “Government”, in relation to a tramway which is wholly within a municipal
area or which is declared not to be a railway under clause (20) of article 366 of the
1. Subs. by A.O. 1937, for “the Govt”
2. The words “the Central Government or any Provincial” omitted by the A.O. 1950.
3. Subs. by the A.O. 1937, for “the L.G.”
4. Subs. by Act 5 of 1911, s. 2, for clause (5).
5. Ins. by s. 3, ibid.
6. Subs. by the A.O.1937, for “L. G.”.
7. The word “and” omitted, ibid.
8. Ins., ibid.
9. Subs. by the A.O. 1950, for clause (16) which was inserted by the A.O. 1937.
5
-----
Constitution, means the State Government and, in relation to any other tramway, means the Central
Government.]]
ORDERS AUTHORISING THE CONSTRUCTION OF TRAMWAYS
**4. Application for and consent necessary to making of order.—(1) The [1][Government] may**
make an order authorizing the construction of a tramway in a circle on application made—
(a) by the local authority of the circle with the consent of the road-authority of any road or part
of a road which is to be traversed by the tramway and of which the local authority is not itself the
road-authority; or
(b) by any person with the consent of the local authority of the circle, and of the road-authority of
any road or part of a road which is to be traversed by the tramway and of which the local authority is
not the road-authority.
2* - - -
(2) A local authority shall not make an application for an order, or be deemed to consent to an
application being made by any person for an order, unless the making of the application or the giving of
the consent has been approved by the local authority in manner prescribed.
**5. Consent of local or road-authority not necessary in certain cases.—When it is proposed**
to lay a tramway in two or more circles, and a local authority or road-authority having control in either or
any of the circles does not consent thereto, or attaches conditions to its consent, the [1][Government] may,
nevertheless, make an order authorising the construction of the tramway in the circle, or by the order
impose on the promoter any conditions which it deems fit, if, utter considering the reasons of the
authority for withholding its consent or attaching the conditions thereto, it is satisfied that the construction
of the tramway in the circle is expedient, or, as the case may be, that the conditions attached by the
authority to its consent ought not to be imposed.
**6. Procedure for making order.—(1)** The [1][Government] on receiving an application shall consider
it, and, if satisfied as to the propriety of proceeding thereon, publish in the Official Gazette, and in such
other manner as it deems sufficient for giving information to persons interested, a draft of a proposed
order authorizing the construction of the tramway.
(2) A notice shall be published with the draft stating that any objection or suggestion which any
person may desire to make with respect to the proposed order will, if submitted to the [1][Government] on
or before a date to be specified in the notice, be received and considered.
(3) If, after considering any objections or suggestions which may have been made with respect to the
draft on or before the date so specified, the [1][Government] is of opinion that the application should be
granted, with or without addition or modification, or subject or not to any restriction or condition, it may
make an order accordingly.
(4) Every order authorising the construction of a tramway shall be published in the Official Gazette in
English, and in the other prescribed language or languages, if any; and that publication shall be
conclusive proof that the order has been made as required by this section.
**7. Contents of order.—(1)** An order made under section 6 shall empower the promoter therein
specified to construct and maintain the tramway therein described in the manner therein provided, and
shall specify the time within which the tramway shall be commenced and the time within which it shall be
completed and opened for public traffic.
1. Subs. by the A.O. 1937, for “L. G.”.
2. Proviso omitted, ibid.
6
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(2) The order may also provide, in manner consistent with this Act, for all or any of the following,
among other matters, that is to say:—
(a) a period before the expiration of which the tramway shall not be commenced, and the
conditions subject to which the local authority, when it is not itself the promoter, may, within that
period elect to be substituted in the place of the promoter in respect of the undertaking or of so much
thereof as is within its circle; and the limits of time within which, and the terms upon which, the local
authority may, after the tramway has been constructed, require the promoter to sell to it the
undertaking or so much thereof as is within its circle;
(b) the acquisition by the promoter of land for the purposes of the tramway, and the disposal by
him of land which has been acquired but is no longer required for those purposes;
(c) the conditions subject to which roads may be opened and broken up for the purposes of the
construction or maintenance of the tramway or any part thereof, and the method of, and materials to
be used in, the reinstating of the roads, and the approval of the method and materials by the
1[Government] or the road-authority before the commencement of the work;
(d) the conditions on which the tramway may be constructed over a bridge or across a railway or
tramway when the carriage-way over the bridge is to form part of the tramway or when the tramway
is to cross a railway or another tramway on the level;
2[(e) the space which shall ordinarily intervene between the outside of the carriage-way on either
side of a road where on the tramway is to be constructed, and—
(i) in the case of a tramway having one rail, the rail of the tramway, or
(ii) in the case of a tramway having two or more rails, the nearest rail of the tramway,
and the conditions on which a smaller space may be permitted;]
(f) the gauge of the tramway, the rails to be used, and the mode in which, and the level at which,
they shall be laid and maintained; and the adoption and application by the promoter of such
improvements in the rails, and in their situation, and in the sub-structure upon which they rest, as the
1[Government] may from time to time require;
(g) the portion of the road or roads traversed by the tramway to be kept in repair by the promoter;
the maintenance by the promoter to the satisfaction of the [1][Government], or the road-authority, or
both, of that portion of the road or roads; and the liability of the promoter, on the requisition of the
1[Government], from time to time to adopt and apply such improvements in the tramway as the
1[Government] may consider necessary or desirable for the safety or convenience of the public, and to
alter the position or level of the tramway to suit future alterations in the road or roads;
(h) the application of material excavated by the promoter in the construction or maintenance of
the tramway;
(i) the provision of such crossings, passing-places, sidings, junctions and other works, in
addition to those specified in or authorised by the order, as may from time to time be necessary or
convenient to the efficient working of the tramway;
(j) the powers which may from time to time be exercised by the [1][Government], the local
authority, the road-authority or any person in respect of sewers, drains, telegraph-lines, gas-pipes,
water-pipes or other things in or on land occupied by the tramway; the notice (if any) to be given of
the intended exercise of those powers; the manner in which the powers shall be exercised; and the
extent to which the tramway and the traffic thereon may be interfered with in the exercise thereof;
1. Subs. by the A.O. 1937, for “L.G.”.
2. Subs. by Act 5 of 1911, s. 4, for clause (e).
7
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(k) the conditions subject to which the promoter may from time to time interfere with, or alter or
require the alteration of the position of, drains (not being sewers or main drains), telegraph-lines, gaspipes, water-pipes or other things as aforesaid;
(l) the provision of a temporary tramway in place of a part of a tramway which has been
removed, or of which the use has been discontinued by reason of the execution of any work affecting
a road along which the part of the tramway was laid, or by reason of the use of the road being
interrupted by floods or other cause;
(m) the motive power to be used on the tramway, and the conditions on which steam-power or
any other mechanical power [1][or electrical power] may be used;
(n) the nature, dimensions, fittings, appliances and apparatus of the carriages to be used on the
tramway, and the inspection and examination thereof by officers of the [2][Government] or the local
authority, and the liability of the promoter or lessee, on the requisition of the [2][Government], from
time to time, to adopt and apply such improvements in the carriages, and in the fittings, appliances
and apparatus, as the [2][Government] may consider necessary or desirable for the safety or
convenience of the public;
(o) the traffic which may be carried on the tramway, the traffic which the promoter or lessee shall
be bound to carry, and the traffic which he may refuse to carry; the tolls to be leviable by the
promoter or lessee, and the periodical revision thereof by the [2][Government]; and the regulation of the
traffic and of the levy of the tolls;
(p) the use of the tramway free of toll by the local authority, with its own carriages, for specified
purposes, during specified hours, with power to the local authority to make such sidings and other
works as may be necessary for communication between its premises and the tramway;
(q) the conditions subject to which the promoter may transfer the undertaking, or any part
thereof, by sale, mortgage, lease, exchange or otherwise; and the conditions subject to which the local
authority may be the transferee;
(r) the performance by the [2][Government] or by the local authority or road-authority of any work
required by the Act or the order to be done by the promoter; and
(s) the penalty to be incurred by the promoter or lessee for failure to observe any condition or
direction contained in,the order, and the application of the penalty when recovered.
(3) The [2][Government] may, in providing in the order for the acquisition of land for the purposes of a
tramway of which the promoter is not a company, direct that land may be acquired for the promoter under
the provisions of the Land Acquisition Act, 1870[3] (10 of 1870), in the same manner and on the same
conditions as it might be acquired for the purposes of the tramway if a company were the promoter.
(4) The order shall imply the condition—
(a) in the case of a tramway of which a local authority is the promoter, that a lease thereof shall be
granted only in manner by this Act provided; and
(b) in the case of a tramway of which a local authority is not the promoter, that a lease thereof shall
be only of the right of user and of demanding and taking the authorized tolls, and shall not confer or
impose on the lessee any of the powers or duties of the promoter in respect of the construction or
maintenance of the tramway.
1. Ins. by Act 5 of 1911, s. 5.
2. Subs. by the A.O. 1937, for “L.G.”.
3. The relevant provisions of the Land Acquisition Act, 1894 (1 of 1894) to be referred to.
8
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**8. Further order.—(1) The** [1][Government] may, on the application of promoter, revoke, amend,
extend or vary the order by a further order.
(2) An application for a further order shall be made in the same manner and subject to the same
conditions as an application for an order.
(3) The [1][Government] may, in its discretion, either grant or reject the application.
(4) If it grants the application, it shall make the further order in the same manner as an order, except
that no addition to, or modification of, the rights, powers and authorities asked for in the application, or
restriction or condition with respect thereto, shall be made or imposed by the further order without the
consent in writing of the promoter.
**9.** **Power to authorise joint work by local authorities.—(1) Subject to, and in accordance**
with, the provisions of this Act, the [1][Government] may, on a joint application, or on two or more
separate applications, make an order empowering two or more local authorities, respectively, jointly to
construct the whole, or separately to construct parts, of a tramway, and jointly or separately to own the
whole or parts thereof.
(2) All the provisions of this Act which relate to the construction of tramways shall extend and apply
to the construction of the whole and the separate parts of the tramway, and the form of the order may be
adapted to the circumstances of the ease.
**10. Cessation of powers given by an order.—(1)** If a promoter authorised by an order to construct a
tramway—
(a) does not within the time specified in the order substantially commence the construction of the
tramway, or
(b) having commenced the construction, suspends it without a reason sufficient in the opinion of
the [1][Government] to warrant the suspension, or
(c) does not within the time specified in the order complete the tramway and open it for public
traffic,
the following consequences shall ensue:—
(i) the powers given by the order to the promoter for constructing the tramway and otherwise in
relation thereto shall, unless the [1][Government], by special direction in writing, prolongs the time or
condones the suspension, cease to be exercised except as to so much of the tramway as is then
completed;
(ii) as to so much of the tramway as is then completed, the [1][Government] may either permit, or
refuse to permit, the powers given by the order to continue;
(iii) if the [1][Government] refuses to permit the powers to continue, then so much of the tramway
as is then completed may be dealt with, under the provisions of this Act relating to the discontinuance
of tramways, as a tramway of the working whereof the discontinuance has been proved to the
satisfaction of the [1][Government].
(2) A notification published by the [1][Government] in the Official Gazette to the effect that on a date
specified in the notification the construction of a tramway had not been substantially commenced or a
tramway had not been completed and opened for public traffic, or that the construction of a tramway had
been suspended without sufficient reason, shall, for the purposes of this section, be conclusive proof of
the matter stated therein.
CONSTRUCTION AND MAINTENANCE OF TRAMWAYS
**11. Mode of formation of tramway.—A tramway shall be constructed and maintained in the manner**
provided by the order.
1. Subs. by the A.O. 1937, for “L.G.”
9
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**12. Inspection of tramway before opening.—A tramway, or portion of extension of, or**
addition to, a tramway, shall not be opened for public traffic [1][until it has been inspected and certified to
be fit for such traffic [2][by an engineer appointed by Government]].
**13. Agreement between road-authority and promoter as to repair of roadway.—Subject to the**
provisions of any order for the time being in force with respect to the matters mentioned in section 7,
sub-section (2), clause (g), the road-authority and the promoter may from time to time enter into
agreements as to the keeping in repair of the whole or a part of a road traversed by a tramway, and as to
the proportion to be paid by either of them of the expense of keeping the road or part in repair.
TRAFFIC ON TRAMWAYS
**14. Rights of promoters and the public over tramways.—(1)** The promoter of a tramway shall,
subject to the provisions of sub-section (2) and to the other provisions of this Act and of the order, have
the exclusive use of the tramway for carriages with flange-wheels or other wheels suitable to run on the
rail described in the order as the rail to be used on the tramway:
Provided that nothing in this Act or in the order or any rule made under this Act shall affect the right
of any person authorised to use a tramway or railway to pass across a tramway constructed under this Act
with carriages having wheels suitable to run on the rail thereof.
(2) The public shall have a right to pass along or across any part of a road along or across which a
tramway is constructed, whether on or off the tramway, with carriages not having flange-wheels or other
wheels suitable to run on the rail of the tramway:
Provided—
(a) that this sub-section shall not apply where the tramway is constructed on land the right to the
exclusive possession of which has been acquired by the promoter; and
(b) that the [3][Government] may by an order authorize the construction of a tramway on any part of
a road with rails raised above the surface of the road, if it is satisfied that the convenience of the public
will not be injuriously affected thereby.
**15. Tolls leviable by promoter or lessee.—(1) The promoter or lessee may demand and take, in**
respect of the tramway, tolls not exceeding the limits specified in or determinable under the order, or, if
the order contains no provision in this behalf, then such sums as may from time to time be fixed by the
promoter or lessee with the previous sanction of the [1][Government].
(2) A list of all the tolls authorized to be levied shall be exhibited, in such languages as the District
Magistrate may direct, in a conspicuous place inside and outside each of the carriages used upon the
tramway.
**16. Carriage of dangerous or offensive goods.—(1) A person shall not be entitled to carry or to**
require to be carried, on a tramway constructed under this Act, any goods of a dangerous or offensive
nature.
(2) A person taking such goods with him on the tramway shall, before entering the carriage, give
notice of their nature to the servant of the promoter or lessee in charge of the carriage.
(3) A person sending such goods by the tramway shall distinctly mark their nature on the outside of
the package containing them, or otherwise give notice thereof in writing to the servant of the promoter or
lessee with whom he leaves them for the purpose of their being sent by the tramway.
(4) Any servant of the promoter or lessee may refuse to carry upon the tramway a parcel which
he suspects to contain goods of a dangerous or offensive nature and, if any such parcel has been
1. Subs., by A.O. 1937, for “until an engineer appointed in this behalf by the L.G. has inspected it and certified it to be fit for
such traffic”.
2. Subs. by the A. O. 1950, for certain words.
3. Subs. by the A. O. 1937, for “L. G.”.
10
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received for the purpose of being carried upon the tramway, may stop the transit thereof until he is
satisfied as to the nature of its contents.
(5) Where a servant of the promoter or lessee refuses under sub-section (4) to carry a parcel which has
been received for the purpose of being carried upon the tramway, he shall, as soon as may be, give notice
of his refusal to the consignor or consignee if he refuses at a time when neither of them is present.
LICENSES TO USE TRAMWAYS
**17. Grant to third parties of licenses to use tramway in certain events.—If,** at any time after a
tramway or part of a tramway has been for three years opened for public traffic in a circle, the local
authority of the circle represents in writing to the [1][Government] that the public is deprived of the full
benefit of the tramway or of the part thereof, the [1][Government] may, if after considering any statement
which the promoter or lessee or both may desire to make, and after such further enquiry as it deems
necessary, it is satisfied as to the truth of the representation, grant a license to any person to use the
tramway conformably to this Act, and to the order and the rules made under this Act, subject to the
following provisions, namely:—
(a) the license shall be for a period not less than one year or more than three years from the date of
the license, but the [1][Government] may in its discretion renew it;
(b) the license shall be to use the whole of the tramway for the time being opened for public
traffic, or such part or parts of the tramway as the [1][Government], having regard to the cause for
granting the license, thinks fit;
(c) the license shall specify the number of carriages which the licensee shall run upon the
tramway, the mode in which, and times at which, the carriages shall be run, the tolls to be paid to the
promoter or lessee by the licensee for the use of the tramway, and the tolls, being those for the time
being leviable by the promoter or lessee, which the licensee may demand and take for the use of his
carriages;
(d) the licensee and his officers and servants shall permit one person, duly authorized for that
purpose by the promoter or lessee, to travel free of toll in or upon each carriage of the licensee run
upon the tramway for the whole or any part of a journey;
(e) any provision of this Act, or of the order or rules made under this Act, relating to the functions
of a servant of a promoter or lessee shall be construed, so far as may be, as referring to a servant of
the licensee; and
(f) the [1][Government] may revoke, alter or modify the license for any cause sufficient in its
opinion to warrant the revocation, alteration or modification thereof.
**18. Licensee to give to promoter or lessee an account of traffic.—A licensee shall, on**
demand, give to an officer or servant authorised in that behalf by the promoter or lessee an exact account
in writing, signed by the licensee, of the number of passengers, or number or quantity of goods, conveyed
by any and every carriage used by him on the tramway.
DISCONTINUANCE OF TRAMWAYS
**19. Cessation of powers of promoter and lessee on discontinuance of tramway.—If**
it is proved to the satisfaction of the [1][Government], at any time after the opening of a tramway for
public traffic, that the working of the tramway, or any part thereof, has been practically
discontinued, for the space of three months, without a reason sufficient, in the opinion of the
1[Government], to warrant the discontinuance, the 1[Government], if it thinks fit, may,
by notification in the Official Gazette, declare that the powers of the promoter and of the lessee, if
1 Subs. by the A.O. 1937, for “L. G.”,
11
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any, in respect of the tramway or the part thereof of which the working has been so discontinued,
shall, from the date of the notification, be at an end; and thereupon the said powers shall cease and
determine, except in so far as they may be purchased by a local authority in manner by this Act
provided.
**20. Powers of road-authority on cessation of powers of promoter.—(1) Where a notification**
has been published under section 19, the road-authority may, at any time after the expiration of two
months from the date of the notification, remove the tramway or part of the tramway of which the
working has been so discontinued, and use the materials thereof in reinstating the road.
(2) The promoter shall pay to the road-authority the cost incurred by that authority in removing the
tramway or the part thereof and in reinstating the road.
(3) The cost shall be certified by an officer of the road-authority, and his certificate, countersigned by
the District Magistrate, shall be conclusive proof as to the cost incurred.
(4) If the promoter does not pay the amount so certified within one month after the delivery to
him of the certificate or of a copy thereof, the road-authority may, without any previous notice to the
promoter and without prejudice to any other remedy which it may have for the recovery of the
amount, sell and dispose of such materials of the tramway or part thereof removed as it has not used
in reinstating the road, either by public auction or by private sale, and for such sum or sums, and to
such person or persons, as it thinks fit, and may, out of the proceeds of the sale, pay and reimburse
itself the amount of the cost aforesaid and of the expenses of the sale, and shall pay over the residue
(if any) of the proceeds of the sale to the promoter.
INSOLVENCY OF PROMOTER
**21. Proceedings in case of insolvency of promoter.—(1) If, at any time after the opening of a**
tramway in a circle for public traffic, it appears to the road-authority or local authority of the circle
that the promoter of the tramway is insolvent, so that he is unable to maintain the tramway, or to
work it with advantage to the public, and either of those authorities makes a representation to that
effect to the [1][Government], the [1][Government] may, if after considering any statement which the
promoter may desire to make, and after such further enquiry as it deems necessary, it is satisfied as to
the truth of the representation, declare, by notification in the Official Gazette, that the powers of the
promoter shall, at the expiration of six months from the publication of the notification, be at an end;
and the powers of the promoter shall cease and determine at the expiration of that period, except in
so far as they may be purchased by a local authority in manner by this Act provided.
(2) Where a notification has been published under sub-section (1), the road-authority may, at any
time after the expiration of six months from the date thereof, remove the tramway in the same
manner, and subject to the same provisions as to the payment of the cost of the removal and to the
same remedy for recovery of the cost, in every respect as in cases of removal under section 20.
PURCHASE OF TRAMWAYS
**22. Future purchase of undertaking by local authority.—(1) Where the promoter of a**
tramway in a circle is not the local authority, the local authority, with the previous sanction of the
1[Government], may—
(a) within such limits of time as may be specified in this behalf in the order, or
(b) if a time was not specified in the order, then within six months after the expiration of a period
of twenty-one years from the date of the order, and within six months after the expiration of every
subsequent period of seven years, or
1. Subs. by the A.O. 1937, for “L. G.”.
12
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(c) within two months after the publication of a notification under section 19 or within six months
after the publication of a notification under section 21,
by notice in writing, require the promoter to sell to the local authority his undertaking or the part
thereof which is within the circle of the local authority; and thereupon the promoter shall sell the
same upon the terms specified in the order, or, if the terms were not specified in the order, then
upon the terms of paying the then value of the undertaking or of the part thereof, exclusive of any
allowance for past or future profits of the undertaking or any compensation for compulsory sale or
other consideration whatsoever.
(2) A requisition shall not be made under sub-section (1) unless the making thereof has been
approved by the local authority in manner prescribed.
(3) When a sale has been made under this section, all the rights, powers and authorities of the
promoter in respect of the undertaking or part thereof sold, or, where a notification has been
published under section 19 or section 21, all the rights, powers and authorities of the promoter
previous to the publication of the notification in respect of the undertaking or part thereof sold,
shall be transferred to the authority to whom the undertaking or part has been sold, and shall vest
in, and may be exercised by, that authority in the same manner as if the tramway had been
constructed by it under an order made under this Act.
(4) Subject to, and in accordance with, the preceding provisions of this section, two or more local
authorities may jointly purchase an undertaking or so much thereof as is within there circles.
WORKING OF TRAMWAYS OWNED BY LOCAL AUTHORITIES
**23. Lease of, or working of, tramway by local authority.— (1)** When a local authority has
under the authority of an order completed a tramway, or has under the provisions of this Act or of
an order acquired possession of a tramway, it may, by a lease to be approved by the
1[Government], let to any person the right of user of the tramway and of demanding and taking the
authorized tolls.
(2) On the determination of a lease the local authority may from time to time let the right for such
further term and on such conditions as the [1][Government] may approve.
(3) Every lease made under this section shall imply a condition of re-entry if at any time after the
making thereof it is proved to the satisfaction of the [1][Government] that the lessee has practically
discontinued the working of the tramway leased, or of any part thereof, for the space of one month
without a reason sufficient, in the opinion of the [1][Government], to warrant the discontinuance.
(4) Notice of the intention of the local authority to make a lease shall be given in manner prescribed.
(5) If the local authority cannot by means of a lease obtain what it deems to be a fair rent for the
tramway, it may itself, with the previous sanction of the [1][Government] and for such term as the
1[Government] directs, place and run carriages upon the tramway, and demand and take the authorised
tolls in respect of the use of the carriages.
RULES
**24. Power to make rules.—(1) In addition to any other power to make rules expressly or by**
implication conferred by this Act, the [1][Government] may make rules consistent with this Act—
(a) as to the form in which an application for an order shall be made;
(b) as to the costs to be paid by an applicant in respect of an order, and the time when, and the place
where, those costs shall be paid;
(c) as to the payment of money or lodgment of securities, by way of deposit, by the applicant for an
order before the order is published under section 6, sub-section (4), or a further order is made under
section 8; the investment of money so paid; the disposal of interest or dividends from time to time
1. Subs. by the A.O. 1937, for “L. G.”.
13
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accruing due on money or securities so paid, lodged or invested; the application of the money or
securities or the produce thereof to the discharge of any liability incurred by the promoter; and the
forfeiture, repayment or return of the money or securities;
(d) as to the plans and sections of any works to be deposited by applicants for orders or by
promoters;
(e) for regulating the use of steam-power or any other mechanical power [1][or electrical power] on a
tramway;
(f) as to any matter specified in section 7, sub-section (2), clauses (c), (d), (e), (j) and (k), as a
matter which may be provided for in an order, when that matter has not been so provided for, or has
not, in the opinion of the [2][Government], been effectually so provided for;
(g) as to the periodical submission, by promoters, lessees and licensees, of accounts of traffic and
receipts to the [1][Government] or as that Government directs, and as to the forms in which those
accounts are to be submitted;
(h) as to the accidents of which report is to be made to the [1][Government] or as that Government
directs;
(i) as to any matter respecting which rules may be made under this section by a local authority or a
promoter or lessee; and
(j) generally, as to any other matter or thing in respect of which it may seem to the [1][Government]
to be expedient to make rules for carrying out the purposes of this Act.
(2) A local authority may, from time to time, with the previous sanction of the [1][Government],
make rules consistent with this Act and with the order and any rules made by the [1][Government]
under this Act, for regulating—
(a) the rate of speed to be observed in travelling upon a tramway within the circle of the local
authority;
(b) the use of animal power on the tramway;
(c) the distances at which carriages using the tramway are to be allowed to follow one after the
other;
(d) the stopping of carriages using the tramway, and the notice to be given to the public of their
approach;
(e) the manner in which carriages using the tramway after sunset and before sunrise are to be
lighted;
(f) the traffic on roads along or across which the tramway is laid;
(g) the number of passengers which may be carried in any carriage;
(h) the licensing and control of drivers, conductors and other persons having charge of the carriages
of the promoter or lessee or a licensee; and
(i) generally, the mode of use of the tramway.
[3]* - - -
1. Ins. by Act 5 of 1911, s. 6.
2. Subs. by the A.O. 1937, for “L. G.”.
3. Proviso omitted by the A. O. 1950.
14
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(3) The promoter or lessee of a tramway may, from time to time, with the previous sanction of the
1[Government], make rules2 consistent with this Act and with the order and any rules made under this
Act—
(a) for preventing the commission of any nuisance in or upon any carriage, or in or against any
premises, belonging to him; and
(b) for regulating the travelling in any carriage belonging to him.
(4) The [1][Government] may cancel any rule made by a local authority or by a promoter or lessee under
this section.
**25. Power to impose penalty by rule.— The authority making any rule under section 24 may direct**
that a breach of it shall be punishable with fine which may extend—
(a) if the authority making the rule is the [1][Government], to two hundred rupees, and
(b) if that authority is a local authority or a promoter or lessee, to twenty rupees; and when the
breach is a continuing breach, with a further fine which may extend—
(c) if the authority making the rule is the [1][Government], to fifty rupees, and
(d) if that authority is a local authority of a promoter or lessee, to five rupees, for every day after
the first during which the breach continues.
**26. Procedure for making, and publication of, rules.—(1) Every authority having power to make**
rules under any section of this Act shall, before making the rules, publish a draft of the proposed rules for
the information of persons likely to be affected thereby.
(2) The publication shall be made, in the case of rules made by the [1][Government], in such manner as
may in its opinion be sufficient for giving information to persons interested, and, in the case of rules made
by a local authority or by a promoter or lessee, in manner prescribed.
(3) There shall be published with the draft a notice specifying a date, not earlier than the expiration of
one month after the date of publication, at or after which the draft will be taken into consideration.
(4) The authority shall receive and consider any objection or suggestion which may be made by any
person with respect to the draft before the date so specified.
(5) The publication in the Official Gazette of a rule purporting to be made under this Act shall be
conclusive proof that it has been duly made.
OFFENCES
**27. Penalty for failure of promoter, lessee or licensee to comply with act or order.—If** a
promoter—
(a) constructs or maintains a tramway otherwise than in accordance with the order, or
(b) opens the tramway for traffic or permits it to be so opened, before it has been inspected and
certified in manner required by section 12, or
(c) fails to observe any requirement or condition of the order for neglect or breach whereof no
penalty has been expressly provided in the order,
or if a promoter, lessee or licensee runs a carriage on a tramway otherwise than in accordance with the
order,
he shall (without prejudice to the enforcement or specific performance of the requirements of this Act
or of the order, or to any other remedy which may be obtained against him in a Court of Civil Judicature),
on complaint made by the [1][Government] or by the local authority or road-authority or by the District
Magistrate or, with the previous sanction of the District Magistrate, by any person injuriously affected by
the act or omission, be punished with fine which may extend to two hundred rupees, and in the case of a
1. Subs. by the A.O. 1937, for “L.G.”.
2. For an instance, see Mad. R. and O.
15
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continuing offence to a further fine which may extend to fifty rupees for every day after the first during
which the offence continues to be committed.
**28. Penalty for obstructing promoter in exercise of his powers.—If any person without lawful**
excuse, the burden of proving which shall lie upon him, wilfully obstructs any person acting under the
authority of the promoter in the lawful exercise of his powers in constructing or maintaining a tramway,
or injures or destroys any mark made for the purpose of setting out the line of the tramway, he shall be
punished with fine which may extend to fifty rupees.
**29. Penalty for interfering with tramway.—If** any person without lawful excuse, the burden of
proving which shall lie upon him, wilfully does any of the following things, namely:—
(a) interferes with, removes or alters any part of a tramway constructed under this Act, or of the
works connected therewith, or
(b) places or throws upon or across any such tramway any wood, stone, refuse or other
thing, or
(c) does anything in such a manner as to obstruct any carriage using any such tramway,
or
(d) abets within the meaning of the Indian Penal Code (45 of 1860) the doing of, or attempts to
do, anything mentioned in clause (a), clause (b) or clause (c),
he shall (without prejudice to any other remedy which may be obtained against him in a Court of Civil
Judicature) be punished with fine which may extend to one hundred rupees.
**30. Penalty for using tramway with carriage having flange-wheels.—If any person,**
except under a lease from, or by agreement with, the promoter, or under license from the [1][Government]
granted under this Act, uses on a tramway, otherwise than as permitted by section 14, a carriage having
flange-wheels or other wheels suitable to run on the rail of the tramway, he shall be punished with fine
which may extend to two hundred rupees.
**31. Penalty for evading payment** **of proper toll.—(1)** If any person travelling or having travelled in
a carriage of the promoter or lessee or of a licensee evades or attempts to evade payment of toll, or if any
person having paid toll for a certain distance wilfully proceeds in any such carriage beyond that distance
and does not pay the additional toll for the additional distance or attempts to evade payment thereof, or if
any person wilfully refuses or neglects on arriving at the point to which he has paid toll to quit the
carriage, he shall be punished with fine which may extend to ten rupees.
(2) When a person commits an offence under this section and refuses on demand of a servant of the
promoter, lessee or licensee to give his name and residence, or gives a name or residence which the
servant has reason to believe to be false, he may be arrested and taken to the nearest police-station by the
servant or any person whom the servant may call to his aid.
(3) When the person is taken to the police-station he shall with the least possible delay be forwarded
to the nearest Magistrate, unless his true name and residence are ascertained, in which case he shall be
released on his executing a bond for his appearance before a Magistrate if so required.
**32. Penalty for taking or sending dangerous or offensive goods without giving notice.—** If any
person takes or sends by a tramway any goods of a dangerous or offensive nature without giving
the notice required by section 16, he shall be punished with fine which may extend to fifty rupees.
**33. Penalty for licensee not giving to promoter or lessee an account of traffic or giving**
**false account.— (1) If a licensee fails on demand to give the account mentioned in section 18, or,**
with intent to evade the payment of tolls, gives a false account when he is called upon to give an
account under that section, he shall be punished with fine which may extend to fifty rupees.
1. Subs. by the A.O. 1937, for “L. G.”.
16
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(2) The fine shall be in addition to any tolls payable by the licensee to the promoter or lessee in respect
of the passengers or goods conveyed by the carriage or carriages used by the licensee on the tramway.
**34. Saving of prosecutions under other laws.—Nothing** in this Act shall prevent a person
from being prosecuted under any other law for an act or omission which constitutes an offence
against this Act or the rules made under it, or from being liable under that other law to any other
or higher punishment or penalty than that provided by this Act or the rules made under it:
Provided that a person shall not be punished twice for the same offence.
SETTLEMENT OF DIFFERENCES
**35. Differences between promoters or lessees and authorities.—(1) If any difference arises**
between the promoter or lessee on the one hand and the [1][Government], or the local authority, or the roadauthority, or a person having the charge of any sewers, drains, telegraph-lines, gas-pipes, water-pipes or
other things in or on land occupied by the tramway, on the other hand, with respect to any interference or
control exercised or claimed to be exercised by, or on behalf of, either party by virtue of this or any other
Act, or of the order or the rules made under this Act, or with respect to the propriety of, or the mode of,
the execution of any work, or with respect to any compensation to be made by or to the promoter or
lessee, or on the question whether any work is such as ought reasonably to satisfy the [1][Government] or
the road-authority or both, or with respect to any other subject or thing regulated by, or comprised in, this
Act or the order or the rules made under this Act, and not otherwise expressly provided for therein, the
matter in difference shall, except where the parties elect to proceed under section 523 of the Code of Civil
Procedure,[2] (14 of 1882) be settled, on the application of either party, by a referee.
(2) Where the difference is—
(a) between the promoter or lessee on the one hand and the [1][Government], either as such or as the
road-authority, on the other, or
(b) between the promoter on the one hand and the local authority on the other, with respect to the
sum to be paid by the local authority for an undertaking or part of an undertaking which that authority
has required the promoter to sell under section 22,
the referee shall be the District Court within the jurisdiction of which the tramway is situate, or, where the
tramway is within the jurisdiction of more than one District Court, the District Court within the
jurisdiction of which the greater part of the tramway is situate.
(3) In other cases the referee shall be appointed by the [1][Government].
(4) Except where the referee is the District Court, the powers and procedure of the referee may be
prescribed.
(5) In the case of a difference between a promoter on the one hand and a local authority on the other,
with respect to the sum to be paid by the local authority for an undertaking or part of an undertaking
which that authority has required the promoter to sell under section 22, an appeal shall lie to the High
Court from the award of the referee as from an original decree of the District Court.
(6) In the case of every other difference the award of the referee shall be final.
RECOVERY OF TOLLS
**36. Recovery of moneys due from promoters and, in certain cases, from lessees.—Any of the**
following moneys, namely, any rent due to a local authority from a lessee, any penalty recoverable from a
promoter or lessee under an order, any sum payable by a promoter or lessee under an award of a referee,
the cost of the performance under this Act by the [1][Government] or by a local authority or road-authority
of any work required by this Act or by an order to be done by a promoter, and the cost incurred by a roadauthority in removing a tramway and reinstating a road under this Act, may, without prejudice to any
1. Subs. by the A.O.1937, for “L. G.”.
2. The relevant provisions of the Arbitration Act, 1940 (10 of 1940) to be referred to.
17
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other remedy that the authority to which the money is due may have by suit or otherwise, be recovered by
that authority, on application made in this behalf to the Collector, as if the sum due were an arrear of
land-revenue due by the promoter or lessee or his surety (if any):
Provided that nothing in this section shall authorize the arrest of the promoter or lessee or his surety in
execution of any process issued by the Collector.
**37. Recovery of tolls from licensees.—(1) If a licensee fails to pay on demand the tolls due for**
the use of a tramway, the promoter or lessee to whom the tolls are due may, without prejudice to the
remedy which he may have by suit, apply to a Magistrate to recover the amount of the tolls, and the
Magistrate may, after giving notice to the licensee, if possible, and allowing him an opportunity of being
heard, proceed to recover the amount by distress and the sale of any carriages or other moveable property
of the licensee which may be found on the tramway or on premises connected therewith.
(2) When a licensee has failed to pay on demand the tolls due from him, the promoter or lessee to
whom the tolls are due may seize any carriage or other moveable property of the licensee on the tramway
or on premises connected therewith, and detain the same for forty-eight hours unless the tolls are sooner
paid.
(3) When application is made to a Magistrate under sub-section (1), he may make an interim order of
distraint pending his final decision.
**38. Recovery of tolls from passengers.—Any toll due to a promoter, lessee or licensee from a**
passenger may be recovered either by suit or, on application to a Magistrate having jurisdiction within
any local area in which any part of the tramway is laid, by distress and sale of any moveable property
belonging to the passenger within the local limits of the jurisdiction of the Magistrate.
SAVINGS
**39. Promoter to have right of user only.—(1) Notwithstanding anything contained in this Act, or in**
an order or any rule made under this Act, a promoter shall not acquire any right other than that of user
only over a road along or across which he lays a tramway, nor shall anything contained in this Act, or in
an order or any rule made under this Act, exempt the promoter of a tramway, or any other person using
the tramway, from the payment of such charges as may lawfully be levied in respect of the use of a road
or bridge along or across which the tramway is laid.
(2) The State Government may, if it thinks fit, fix at which a promoter, lessee or licensee may
compound for the charges payable in respect of the use of a road or bridge.
**40. Saving of power over roads traversed by tramways.—(1) Nothing in this Act, or in an order or**
any rule made under this Act, shall take away or abridge any power which a road-authority, local
authority or other person has by law to break up, widen, alter, divert or improve a road, railroad or
tramway along or across which a tramway is laid.
(2) The road-authority, local authority or other person executing any work referred to in
sub-section (1) shall not be liable to pay to a promoter, lessee or licensee any compensation for injury
done to a tramway by the execution of the work or for loss of traffic occasioned by the reasonable use of
any power lawfully exercised for the execution thereof.
**41. Saving of power of local authority and police to regulate traffic on roads.—Nothing in**
this Act, or in an order or any rule made under this Act, shall affect the powers of a local Authority or of a
Magistrate or police-officer to regulate the passage of traffic along or across a road along or across which
a tramway is laid; and the authority Magistrate or officer aforesaid may exercise its or his powers as well
on as off the tramway and with respect as well to the traffic of a promoter, lessee or licensee as to the
traffic of other persons.
SUPPLEMENTAL PROVISIONS
**42. Promoters, lessees and licensees to be responsible for all injuries.—A** promoter,
lessee or licensee shall be answerable for all injuries happening through his act or default, or
through the act or default of any person in his employment, by reason or in consequence of any
of his carriages or works, and shall save harmless all authorities and persons collectively and
18
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individually, and their officers and servants, from all damages and costs in respect of injuries so
happening.
**43. Want of funds not sufficient reason for default.—For the** purposes of this Act want of funds
shall not be deemed to be a sufficient reason for the suspension of the construction, or the discontinuance
of the working, of a tramway by a promoter or lessee.
**44. Power to exempt from municipal taxation.—When** a tramway is constructed under this
Act within the limits of a municipality, the State Government may exempt the animals, plant,
rolling-stock, yards, workshops, engine-sheds, [1][electrical generating stations or sub-stations] and
depots of the promoter, lessee or licensee, for such period as it thinks fit, from all or any municipal taxes
leviable within those limits.
**45. Application by local authorities of local funds to tramways.—(1)** The fund to or with the
control or management of which the local authority of a municipality, cantonment or district is entitled or
entrusted shall, notwithstanding anything in any enactment respecting the purposes to which that fund
may be applied be applicable, subject to the control of the [2][appropriate Government], to the payment of
expenses incidental to the exercise of the powers and functions which may be vested in or exercised by a
local authority under this Act.
(2) The fund shall also be applicable, with the previous sanction of the [2][appropriate
Government], to a guarantee of the payment of interest on money to be applied, with the concurrence in
writing of the local authority, within the limits of the local area under its control, to any of the purposes to
which the fund might be applied by the local authority under subsection (1).
3[(3) In this section, “the appropriate Government” means the Government, Central or State, whose
executive authority extends over the local authority in question.]
**46. Extension of Act to existing tramways.— The [2][Government] may, with the consent of the local**
authority and road-authority and of the promoter and his lessee (if any), extend any part of this Act, or
any rules made under this Act, either with or without modification, to the whole or any part of a tramway
constructed, or authorised by the [2][Government] to be constructed, before the passing of this Act, and
may withdraw any part of the Act or any rules so extended.
**47. Prohibition of construction of tramways except under this Act.—** (1) A tramway of
which the construction has not been authorised by the [2][Government] before the passing of this Act shall
not, after the passing of this Act, be constructed for public traffic in any place to which this Act extends,
except in pursuance of an order made under this Act.
(2) A person constructing a tramway in contravention of sub-section (1) of this section,
or after the passing of this Act maintaining or using for public traffic, otherwise than in
pursuance of an order made under this Act, a tramway which was not constructed, or authorised
the [2][Government] to be constructed, before the passing of this Act,
shall be liable, on the complaint of the [2][Government] or local authority, to double the penalty to
which a promoter acting otherwise than in accordance with an order is liable under section 27.
**48. Transfer of control on exclusion of local area from circle of local authority.— If at any time a**
local area comprising a tramway to which this Act or any part thereof or any rule thereunder applies
ceases to be included in the circle of a local authority, the functions of that authority under this Act or the
part thereof or the rule thereunder, and under the order (if any), shall, in respect of that local area, devolve
on the [2][Government] or, if that Government so directs, on the local authority of the circle in which the
tramway has been included.
**49.** [Explanation and amendment of section 54 of Railway Act.] Rep. by the Indian Railways Act, 1890
(9 of 1890), s. 2 _and the First Schedule._
1. Ins. by Act 5 of 1911, s. 7.
2. Subs. by the A.O.1937, for “L.G.”.
3. Ins., ibid.
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**50. Powers of Government exercisable from time to time.—All powers conferred by this Act on**
1[any Government] may be exercised from time to time as occasion requires.
1. Subs. by the A.O.1937, for “any L.G.”.
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|
11-Feb-1887 | 07 | The Suits Valuation Act, 1887 | https://www.indiacode.nic.in/bitstream/123456789/2311/1/A1887-07.pdf | central | # THE SUITS VALUATION ACT, 1887
__________
ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Title.
PART I
SUITS RELATING TO L AND
2. Extent and commencement of Part I.
3. Power of State Government to make rules determining value of land for jurisdictional purposes.
4. Valuation of relief in certain suits relating to land not to exceed the value of the land.
5. Making and enforcement of rules.
6. Repeal of section 14 of the Madras Civil Courts Act, 1873.
PART II
OTHER SUITS
7. Extent and commencement of Part II.
8. Court-fee value and jurisdictional value to be the same in certain suits.
9. Determination of value of certain suits by High Court.
10. [Repealed.].
PART III
SUPPLEMENTAL PROVISIONS
11. Procedure where objection is taken on appeal or revision that a suit or appeal was not properly
valued for jurisdictional purposes.
12. Proceedings pending at commencement of Part I or Part II.
1
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# THE SUITS VALUATION ACT, 1887
ACT NO. 7 OF 1887[1]
[11th February, 1887.]
# An Act to prescribe the mode of valuing certain suits for the purpose of
determining the jurisdiction of Courts with respect thereto.
WHEREAS it is expedient to prescribe the mode of valuing certain suits for the purpose of determining
the jurisdiction of Courts with respect thereto; It is hereby enacted as follows:—
**1. Title.—This Act may be called the Suits Valuation Act, 1887** [2][and it extends [3] to the
whole of India except the territories which, immediately before the 1st November, 1956,
were comprised in Part B States.]
PART I
SUITS RELATING TO LAND
**2. Extent and commencement of Part I.—This Part shall extend to such local areas, and**
come into force therein on such dates as the [4][State Government], by notification in the Official
Gazette, directs.[5]
**3. Power for State Government to make rules determining value of land for**
**jurisdictional purposes.—(1) The State Government may** [6]*** make rules for determining
the value of land for purposes of jurisdiction in the suits mentioned in the Court -fees
Act, 1870 (7 of 1870), section 7, paragraphs v and vi, and paragraph x, clause (d).
(2) The rules may determine the value of any class of land, or of any interest in land, in the
whole or any part of a local area, and may prescribe different values for different places within
the same local area.
**4. Valuation of relief in certain suits relating to land not to exceed the value of the**
**land.—Where a suit mentioned in the Court-fees Act, 1870 (7 of 1870), section 7, paragraph**
_iv, or Schedule II, article 17, relates to land or an interest in land of which the value has_
been determined by rules under the last foregoing section, the amount at which for purposes
of jurisdiction the relief sought in the suit is valued shall not exceed the value of the land or
interest as determined by those rules.
**5. Making and enforcement of rules.—(1) The State Government shall, before making rules under**
section 3, consult the High Court with respect thereto.
(2) A rule under that section shall not take effect till the expiration of one month after
the rule has been published in the Official Gazette.
**6. Repeal of section 14 of the Madras Civil Courts Act, 1873.—On and from the date**
on which rules under section 3 take effect in any part of the territories under the
administration of the Governor of Fort Saint George in Council to which the Madras Civil
1. This Act has been amended in the Punjab by Punjab Acts 1 of 1938 and 13 of 1942, in U. P. by U. P. Act 7 of 1939,
in Maharashtra by Maharashtra Act 4 of 1960 and 9 of 1970 and in Himachal Pradesh by H.P. Act 30 of 1969.
The Act has been extended to the Union territory of Manipur from 1-1-1957 vide Act 68 of 1956, to the whole of
Madhya Pradesh by M.P. Act 23 of 1958 (when notified), to the transferred territory of Punjab by Punjab Act 43 of
1960, to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule (w.e.f. 1-7-1965), to the whole of
the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule (w.e.f. 1-10-1967) and to the Union
territory of Pondicherry by Act 26 of 1968, s. 3 and Sch.
The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955, to Andhra by Andhra Act 7 of
1956, to Bombay area and Coorg district of Mysore by Mysore Act 16 of 1958 and to Rajasthan by Rajasthan Act 3 of 1958.
2. Added by the Adaptation of Laws (No. 2) Order, 1956.
3. Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and Fifth
Schedule (w.e.f. 31-10-2019).
4. Subs. by the Adaption of Laws (No. 2) order, 1956, for “Government of a Part A State or a Part C State”.
5. Part I of the Act has, under s. 2, been declared to extend to the Punjab, and to come into force therein on the 1st day of
March, 1889, see Gazette of India, 1889, Pt. I, p. 107.
6. The words “subject to the control of the G. G. in C.” rep. by the A.O. 1937.
2
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Courts Act, 1873, (3 of 1873), extends, section 14 of that Act shall be repealed as regards
that part of those territories.
PART II
OTHER SUITS
**7. Extent and commencement of Part II.—This Part [1]*** shall come into force on the first day of**
July, 1887.
**8. Court-fee value and jurisdictional value to be the same in certain suits.—Where in**
suits other than those referred to in the Court-fees Act, 1870 (7 of 1870),
section 7, paragraphs _v,_ _vi_ and _ix,_ and paragraph _x,_ clause (d), court-fees are payable _ad_
_valorem_ under the Court-fees Act, 1870, the value as determinable for the computation of
court-fees and the value for purposes of jurisdiction shall be the same.
**9. Determination of value of certain suits by High Court.—When the subject-matter of**
suits of any class, other than suits mentioned in the Court-fees Act, 1870 (7 of 1870),
section 7, paragraphs _v and_ _vi,_ and paragraph _x,_ clause _(d),_ is such that in the opinion of the
High Court it does not admit of being satisfactorily valued, the High Court may, with the
previous sanction of the State Government, direct that suits of that class shall, for the
purposes of the Court-fees Act, 1870, and of this Act and any other enactment for the time
being in force, be treated as if their subject-matter were of such value as the High Court
thinks fit to specify in this behalf.
**10. [Repeal of s. 32 of the Punjab Courts Act,** 1884 (18 of 1884).] Rep. by the Repealing
_and Amending Act, 1891 (12 of 1891), s. 2 and the First Schedule._
PART III
SUPPLEMENTAL PROVISIONS
**11. Procedure where objection is taken on appeal or revision that a suit or appeal**
**was not properly valued for jurisdictional purposes.—(1) Notwithstanding anything**
in [2]section 578 of the Code of Civil Procedure (14 of 1882), an objection that by reason of
the over-valuation or under-valuation of a suit or appeal a Court of first instance or lower
Appellate Court which had not jurisdiction with respect to the suit or appeal exercised
jurisdiction with respect thereto shall not be entertained by an Appellate Court unless —
(a) the objection was taken in the Court of first instance at or before the
hearing at which issues were first framed and recorded, or in the lower Appellate
Court in the memorandum of appeal to that Court, or
(b) the Appellate Court is satisfied, for reasons to be recorded by it in writing, that
the suit or appeal was over-valued or under-valued, an that the over-valuation or
under-valuation thereof has prejudicially affected the disposal of the suit or appeal on its
merits.
(2) If the objection was taken in the manner mentioned in clause ( _a)_ of sub-section (1),
but the Appellate Court is not satisfied as to both the matters mentioned in clause ( b) of that
sub-section and has before it the materials necessary for the determination of the other
grounds of appeal to itself, it shall dispose of the appeal as if there had been no defect of jurisdiction in
the Court of first instance or lower Appellate Court.
(3) If the objection was taken in that manner and the Appellate Court is satisfied as to both
those matters and has not those materials before it, it shall proceed to deal with the appeal under
the rules applicable to the Court with respect to the hearing of appeals; but if it remands the suit or
appeal, or frames and refers issues for trial, or requires additional evidence to be taken, it shall
direct its order to a Court competent to entertain the suit or appeal.
1. The words "extends to the whole of India except Part B States and" omitted by the Adaptation of Laws
(No. 2) Order, 1956.
2. See now s. 99 of the Code of Civil Procedure, 1908 (Act 5 of 1908).
3
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(4) The provisions of this section with respect to an Appellate Court shall, so far as they can
be made applicable, apply to a Court exercising revisional jurisdiction under [1]section 622 of the
Code of Civil Procedure (14 of 1882) or other enactment for the time being in force.
(5) This section [2]*** shall come into force on the first day of July, 1887.
**12. Proceedings pending at commencement of Part I or Part II.—Nothing in Part I or Part II shall**
be construed to affect the jurisdiction of any Court—
(a) with respect to any suit instituted before rules under Part I applicable to the
valuation of the suit take effect, or Part II has come into force, as the case may be, or
(b) with respect to any appeal arising out of any such suit.
___________
1. See now s. 115 of the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. The words "extends to the whole of India except Part B States and" omitted by the Adaptation of Laws (No. 2)
Order, 1956.
4
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|
24-Feb-1887 | 09 | The Provincial Small Cause Courts Act, 1887 | https://www.indiacode.nic.in/bitstream/123456789/2312/1/a1887-9.pdf | central | # THE PROVINCIAL SMALL CAUSE COURTS ACT, 1887
____________
ARRANGEMENT OF SECTIONS
___________
CHAPTER I
PRELIMINARY
SECTIONS
1. Title, extent and commencement.
2. [Repealed.].
3. Savings.
4. Definition.
CHAPTER II
CONSTITUTION OF COURTS OF SMALL CAUSES
5. Establishment of Courts of Small Causes.
6. Judge.
7. Appointment of times of sitting in certain circumstances.
8. Additional Judges.
9. [Repealed.].
10. Power to require two Judges to sit as a bench.
11. Decision in case heard by a bench.
12. Registrar.
13. [Repealed.].
14. Duties of ministerial officers.
CHAPTER III
JURISDICTION OF COURTS OF SMALL CAUSES
15. Cognizance of suits by Courts of Small Causes.
16. Exclusive jurisdiction of Courts of Small Causes.
CHAPTER IV
PRACTICE AND PROCEDURE
17. Application of the Code of Civil Procedure.
18. Trial of suits by Registrar.
19. Admission, return and rejection of plaints by Registrar.
20. Passing of decrees by Registrar on confession.
21. Execution of decrees by Registrar.
22. Adjournment of cases by chief ministerial officer.
23. Return of plaints in suits involving questions of title.
1
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S ECTIONS
24. Appeal from certain orders of Courts of Small Causes.
25. Revision of decrees and orders of Courts of Small Causes.
26. [Repealed.].
27. Finality of decrees and orders.
CHAPTER V
SUPPLEMENTAL PROVISIONS
28. Subordination of Courts of Small Causes.
29. Seal.
30. Abolition of Courts of Small Causes.
31. Saving of power to appoint Judge of Court of Small Causes to other office.
32. Application of Act to Courts invested with jurisdiction of Court of Small
Causes.
33. Application of Act and Code to Court so invested as to two Courts.
34. Modification of Code as so applied.
35. Continuance of proceedings of abolished Courts.
36. [Repealed.]
37. Publication of certain orders.
THE FIRST _SCHEDULE.—[_ _Repealed._ ]
THE SECOND SCHEDULE.—SUITS EXCEPTED FROM THE COGNIZANCE OF A COURT OF
SMALL CAUSES.
2
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# THE PROVINCIAL SMALL CAUSE COURTS ACT, 1887
ACT NO. 9 OF 1887[1]
[24th February, 1887.]
# An Act to consolidate and amend the law relating to Courts of Small Causes established beyond
the Presidency-towns.
WHEREAS it is expedient to consolidate and amend the law relating to Courts of Small Causes
established beyond the local limits for the time being of the ordinary original civil jurisdiction of
the High Courts of Judicature at Fort William in Bengal and at Madras and Bombay;
It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Title, extent and commencement.—(1) This Act may be called the Provincial Small Cause Courts**
Act, 1887.
(2) It extends to the whole of India except [2] [the territories which, immediately before the 1st
November, 1956, were comprised in Part B States]; and
(3) It shall come into force on the first day of July, 1887.
**2.** [Repeal.] Rep. partly by the Amending Act, 1891 (12 _of_ 1891), _s._ 2 _and the First_
_Schedule and partly by the Repealing Act,_ 1938 (1 of 1938), s. 2 and the Schedule.
**3. Savings.—Nothing in this Act shall be construed to affect—**
(a) any proceedings before or after decree in any suit instituted before the commencement of this
Act; or
(b) The jurisdiction of a Magistrate under any law for the time being in force with respect
to debts or other claims of a civil nature, or of village-munsifs or village-panchayats, under the
provisions of the Madras Code, or of village-munsifs under the Dekkhan Agriculturists’ Relief
Act, 1879 (17 of 1879); or
(c) any local law or any special law other than the Code of Civil Procedure [3]
(14 of 1882).
1. For power to confer upon a Subordinate Judge or Munsif in Bengal, the Province of Agra and Assam, the
jurisdiction of a Court of Small Causes under this Act, see the Bengal, Agra and Assam Civil Courts Act, 1887
(12 of 1887), s. 25.
Ss. 15, 32, 37, 38, 39 and 40 of the Bengal, Agra and Assam Civil Courts Act, 1887 (12 of 1887), apply to
Courts of Small Causes constituted under this Act, _see Act 12 of 1887, s. 40._
The powers of a Court of Small Causes under this Act have been conferred upon the Courts of
Sub-divisional Officers of the Khondmals and Angul Districts by section 13 of Regulations 4 and 5 of 1936,
respectively.
The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955 and to the city of Ahmedabad
by Gujarat Act 19 of 1961.
The Act has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and
First Schedule (w.e.f. 1-7-1965), to the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and the
Schedule (w.e.f. 1-10-1967) and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and Schedule.
The Act has been amended in its application to—
Uttar Pradesh by U.P. Acts 17 of 1957 and 14 of 1970, Madhya Pradesh by Madhya Pradesh Act 19 of
1958, Bombay by Bombay Act 87 of 1958, West Bengal by West Bengal Act 30 of 1972, Punjab by Punjab
Act 20 of 1975, Haryana by Haryana Act 27 of 1977 and Himachal Pradesh by Himachal Pradesh Act 4 of
1970.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
3. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
3
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**4. Definition.—In** this Act, unless there is something repugnant in the subject or context,
“Court of Small Causes” means a Court of Small Causes constituted under this Act, and includes
any person exercising jurisdiction under this Act in any such Court.
CHAPTER II
CONSTITUTION OF COURTS OF SMALL CAUSES
**5. Establishment of Courts of Small Causes.—(1) The State Government [1]*** may, by order**
in writing, establish a Court of Small Causes at any place within the territories under its
administration beyond the local limits for the time being of the ordinary original civil jurisdiction
of a High Court of Judicature established in a Presidency-town.
(2) The local limits of the jurisdiction of the Court of Small Causes shall be such as the State
Government may define, and the Court may be held at such place or places within those limits as the
State Government may appoint.[2]
3[6. Judge.—When a Court of Small Causes has been established there shall be appointed, by order in
writing, a Judge of the Court:
Provided that if the State Government so direct, the same person shall be the Judge of more than one
such Court.]
**7. Appointment of times of sitting in certain circumstances.—(1) A Judge who is the**
Judge of two or more such Courts may, with the sanction of the District Court, fix the times at
which he will sit in each of the Courts of which he is Judge.
(2) Notice of the times shall be published in such manner as the High Court from time to time directs.
**8. Additional Judges.—[4][(1)** If the State Government so direct, there may be appointed, by
order in writing, Additional Judges of a Court of Small Causes or of two or more such Courts.]
(2) [5][An Additional] Judge shall discharge such of the functions of the Judge of the Court or
Courts as the Judge may assign to him, and in the discharge of those functions shall exercise the
same powers as the Judge.
(3) The Judge may withdraw from [5][an Additional] Judge any business pending before
him.
(4) When the Judge is absent, the [6][senior] Additional Judge may discharge all or any of the functions
of the Judge.
**9. [Suspension and removal of Judges.] Rep. by the A.O. 1937.**
**10. Power to require two Judges to sit as a bench.—The** State Government, after
consultation with the High Court, may, by order in writing, direct that two Judges of Courts of
Small Causes or a Judge and an Additional Judge of a Court of Small Causes shall sit together
for the trial of such class or classes of suits or applications cognizable by a Court of Small
Causes as may be described in the order.
**11. Decision in case heard by a bench.—(1) If two Judges, or a Judge and an Additional Judge,**
sitting together under the last foregoing section, differ as to a question of law or usage having the force of
law, or in construing a document the construction of which may affect the merits, they shall draw up
and refer, for the decision of the High Court, a statement of the facts of the case and of the point
1. The words “with the previous sanction of the G. G. in C.” rep. by Act 4 of 1914. s. 2 and the Schedule.
2. For notifications issued under cl. (2) of s. 5, see different local R. and O.
3. Subs. by the A.O. 1937, for section 6.
4. Subs., ibid., for the sub-section (1).
5. Subs. by Act 11 of 1915, s. 2 and the First Schedule, for “the Additional”.
6. Ins. by s. 2 and the First Schedule, ibid.
4
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on which they differ in opinion, and the provisions of [1]Chapter XLVI of the Code of Civil
Procedure (14 of 1882) shall apply to the reference.
(2) If they differ on any matter other than a matter specified in sub-section (1), the opinion
of the Judge who is senior in respect of date of appointment as Judge of a Court of Small
Causes, or, if one of them is an Additional Judge, then the opinion of the Judge sitting with him,
shall prevail.
(3) For the purposes of sub-section (2), a Judge permanently appointed shall be deemed to be senior
to an officiating Judge.
212. Registrar.—3[(1) There may be appointed to a Court of Small Causes an officer to be called the
Registrar of the Court.]
(2) Where a Registrar is appointed, he shall be the chief ministerial officer of the Court.
(3) The State Government may, by order in writing, confer upon a Registrar, within the
local limits of the jurisdiction of the Court, the jurisdiction of a Judge of a Court of Small
Causes for the trial of suits of which the value does not exceed twenty rupees.
(4) The Registrar shall try such suits cognizable by him as the Judge may, by general or special order,
direct.
4* - - -
**13. [Other ministerial officers.] Rep. by the A.O. 1937.**
**14. Duties of ministerial officers.—(1) The ministerial officers of a Court of Small Causes**
shall, in addition to any duties mentioned in this Act, or in any other enactment for the time
being in force, as duties which are or may be imposed on any of them, discharge such duties of
a ministerial nature as the Judge directs.
(2) The High Court may make rules consistent with this Act, and with any other enactment
for the time being in force, conferring and imposing on the ministerial officers of a Court of
Small Causes such powers and duties as it thinks fit, and regulating the mode in which powers
and duties so conferred and imposed are to be exercised and performed.
CHAPTER III
JURISDICTION OF COURTS OF SMALL CAUSES
**15. Cognizance of suits by Courts of Small Causes.—(1) A Court of Small Causes shall not take**
cognizance of the suits specified in the second schedule as suits excepted from the cognizance of a Court
of Small Causes.
(2) Subject to the exceptions specified in that schedule and to the provisions of any
enactment for the time being in force, all suits of a civil nature of which the value does not
exceed five hundred rupees shall be cognizable by a Court of Small Causes.
(3) Subject as aforesaid, the State Government may, by order in writing, direct that all suits of a civil
nature of which the value does not exceed one thousand rupees shall be cognizable by a Court of Small
Causes mentioned in the order.[5]
1. See now ss. 113 and 115 and the First Schedule, Order XLVI, of the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. This section has been amended in its application to the Bombay Presidency by the Provincial Small Cause Courts (Bombay
Amendment) Act, 1930 (Bom. 6 of 1930), s. 2.
3. Subs. by the A.O. 1937, for the original sub-section which read: “(1) The L. G. may appoint to a Court of Small Causes an
officer to be called the Registrar of the Court.”
4. Sub-section (5), which read: “A Registrar may be suspended or removed from office by the L.G.” was rep. by the
A. O. 1937.
5. For notifications issued under this section, _see different local R. and O._
5
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**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 15 of Act No. IX of 1887.—In section 15 of the Provincial Small Cause Courts**
Act, 1887.—
(a) In sub-section (2) for the words “five thousand rupees” the words “twenty five thousand rupees”
shall be substituted.
(b) in the proviso to sub-section (2) for the words “twenty five thousand rupees” the words “one lakh
rupees” shall be substituted.
[Vide Uttar Pradesh Act 14 of 2015, s. 4]
**Uttar Pradesh**
**Amendment of section 15 of Act No. 9 of 1887.—In section 15 of the Provincial Small Cause Courts**
Act, 1887,—
(a) in sub-section (2), for the words “one thousand rupees”, the words “two thousand rupees” shall be
_substituted ;_
(b) in sub-section (3) and in the proviso thereto for the words, “two thousand rupees” wherever they
occur, the words “three thousand rupees” shall be substituted.
[Vide Uttar Pradesh Act 57 of 1976, s 29.]
**Uttar Pradesh**
**Amendment of section 15 of Act IX of 1887.— In section 15 of the Provincial Small Cause Courts Act,**
1887 for sub-section (2) and (3), the following sub-sections shall be substituted namely :
“(2) Subject to the exceptions specified in that schedule and to the provisions of any enactment for
the time being in force, all suits of a Civil nature of which the value does not exceed one thousand rupees
shall be cognizable by a court of Small Causes.
(3) Subject as aforesaid, the State Government may, by order in writing direct that all suits of a civil
nature of which the value does not exceed two thousand rupees shall be cognizable by a court of Small
Causes mentioned in the order. ”
[Vide Uttar Pradesh Act 14 of 1970, s. 5.]
**Uttar Pradesh**
**Amendment of section 15 of Act IX of 1887.—In section 15 of the Provincial Small Cause Courts Act,**
1887, as amended in its application to Uttar Pradesh, hereinafter referred to as the principal Act, in subsection (3), the following proviso shall be inserted, namely :—
“Provided that in relation to suits by the lessor for the eviction of a lessee from a building after the
determination of his lease, or for recovery from him of rent in respect of the period of occupation thereof
during the continuance of the lease, or of compensation for the use and occupation thereof after such
determination of lease, the reference in this sub-section to two thousand rupees shall be constructed as as
a reference to five thousand rupees.
_Explanation.—For the purposes of this sub-section, the expression “building has the same meaning as_
in Article (4) in the Second Schedule.”
[vide Uttar Pradesh Act 37 of 1972, s. 2]
**16. Exclusive jurisdiction of Courts of Small Causes.—Save as expressly provided by this**
Act or by any other enactment for the time being in force, a suit cognizable by a Court of Small
Causes shall not be tried by any other Court having jurisdiction within the local limits of the
jurisdiction of the Court of Small Causes by which the suit is triable.
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CHAPTER IV
PRACTICE AND PROCEDURE
**17. Application of the Code of Civil Procedure.—(1) [1][The procedure prescribed in the Code of**
Civil Procedure, 1908 (5 of 1908), shall, save in so far as is otherwise provided by that Code or by this
Act,] be the procedure followed in a Court of Small Causes in all suits cognizable by it and in all
proceedings arising out of such suits:
Provided that an applicant for an order to set aside a decree passed _ex parte or for a review of_
judgment shall, at the time of presenting his application, either deposit in the court the amount due
from him under the decree or in pursuance of the judgment, or give [2] [such security for the
performance of the decree or compliance with the judgment as the Court may, on a previous
application made by him in this behalf, have directed].
(2) Where a person has become liable as surety under the proviso to sub-section (1), the security may
be realized in manner provided by section [3][145] of the Code of Civil Procedure, [4][1908 (5 of 1908)].
**18. Trial of suits by Registrar.—(1) Suits cognizable by the Registrar under section 12,**
sub-sections (3) and (4), shall be tried by him and decrees passed therein shall be executed by
him, in like manner in all respects as the Judge might try the suits, and execute the decrees,
respectively.
(2) The Judge may transfer to his own file, or to that of the Additional Judge if an Additional
Judge has been appointed, any suit or other proceeding pending on the file of the Registrar.
**19. Admission, return and rejection of plaints by Registrar.—(1) When the Judge of a**
Court of Small Causes is absent, and an Additional Judge has not been appointed or, having been
appointed, is also absent, the Registrar may admit a plaint, or return or reject a plaint for any
reason for which the Judge might return or reject it.
(2) The Judge may, of his own motion or on the application of a party, return or reject a
plaint which has been admitted by the Registrar, or admit a plaint which has been returned or
rejected by him:
Provided that where a party applies for the return or rejection or the admission of a plaint
under this sub-section, and his application is not made at the first sitting of the Judge after the
day on which the Registrar admitted, or returned or rejected, the plaint, the Judge shall dismiss
the application unless the applicant satisfies him that there was sufficient cause for not making
the application at that sitting.
**20. Passing of decrees by Registrar on confession.—(1) If, before the date appointed for**
the hearing of a suit, the defendant or his agent duly authorised in that behalf appears before
the Registrar and admits the plaintiff's claim, the Registrar may, if the Judge is absent, and an
Additional Judge has not been appointed or, having been appointed, is also absent, pass
against the defendant, upon the admission, a decree which shall have the same effect as a
decree passed by the Judge.
(2) Where a decree has been passed by the Registrar under sub-section (1), the Judge may
grant an application for review of judgment, and re-hear the suit, on the same conditions,
on the same grounds and in the same manner as if the decree had been passed by himself.
**21. Execution of decrees by Registrar.—(1) If the Judge is absent, and an Additional**
Judge has not been appointed or, having been appointed, is also absent, the Registrar may,
subject to any instructions which he may have received from the Judge or, with respect to
1 Subs. by Act 1 of 1926, s. 2, for certain words.
2. Subs. by Act 9 of 1935, s. 2, for “security to the satisfaction of the Court for the performance of the decree or compliance with
the judgment, as the Court may direct”.
3. Subs. by Act 1 of 1926, s. 2, for “253”.
4. Ins. by s. 2, ibid.
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decrees or orders made by an Additional Judge, from the Additional Judge, make any orders
in respect of applications for the execution of decrees and orders made by the Court of
which he is Registrar, or sent [-] to that Court for execution, which the Judge might make
under this Act.
(2) The Judge, in the case of any decree or order with respect to the execution of which the Registrar
has made an order under sub-section (1), or the Additional Judge, in the case of any such decree or order
which has been made by himself and with respect to which proceedings have not been taken by the Judge
under this sub-section, may, of his own motion, or on application made by a party within fifteen days
from the date of the order of the Registrar or of the execution of any process issued in pursuance of that
order, reverse or modify the order.
(3) The period of fifteen days mentioned in sub-section (2) shall be computed in accordance with the
provisions of the [1]Indian Limitation Act, 1877 (15 of 1877), as though the application of the party were an
application for review of judgment.
**22. Adjournment of cases by chief ministerial officer.—When the Judge of a Court** of
Small Causes is absent and an Additional Judge has not been appointed or, having been
appointed, is also absent, the Registrar or other chief ministerial officer of the Court may
exercise from time to time the power which the Court possesses of adjourning the hearing of
any suit or other proceeding, and fix a day for the further hearing thereof.
**23. Return of plaints in suits involving questions of title.—(1) Notwithstanding anything**
in the foregoing portion of this Act, when the right of a plaintiff and the relief claimed by him
in a Court of Small Causes depend upon the proof or disproof of a title to immovable property
or other title which such a Court cannot finally determine, the Court may at any stage of the
proceedings return the plaint to be presented to a Court having jurisdiction to determine the
title.
(2) When a Court returns a plaint under sub-section (1), it shall comply with the
provisions of the second paragraph of [2] section 57 of the Code of Civil Procedure
(14 of 1882) and make such order with respect to costs as it deems just, and the Court
shall, for the purposes of the [1]Indian Limitation Act, 1877 (15 of 1877), be deemed to have
been unable to entertain the suit by reason of a cause of a nature like to that of defect of
jurisdiction.
**24. Appeal from certain orders of Courts of Small Causes.—Where an order specified**
in [3][clause (ff) or clause (h) of sub-section (1) of section 104 of the Code of Civil Procedure,
1908 (5 of 1908),] is made by a Court of Small Causes, an appeal therefrom shall lie to the
District Court [4][on any ground on which an appeal from such order would lie under that
section].
**25. Revision of decrees and orders of Courts of Small Causes.—The High Court, for** the
purpose of satisfying itself that a decree or order made in any case decided by a Court of
Small Causes was according to law, may call for the case and pass such order with respect
thereto as it thinks fit.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of Section 25 of Act IX of 1887.—In section 25 of principal Act, the**
**following proviso thereto shall be inserted, namely :—**
1. _See now the Indian Limitation Act, 1963 (36 of 1963)._
2. Sec now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I, Order VII, rule 10
3. Subs. by Act 9 of 1922, s. 5, for “section 588, clause ( _29_ ), of the Code of Civil Procedure”.
4. Ins. by s. 5, ibid.
8
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“Provided that in relation to any case decided by a District Judge or Additional District
Judge exercising the jurisdiction of Judge of Small Causes, the power of revision under this
section shall vest in the High Court.”
[Vide Uttar Pradesh Act 37 of 1972, s. 3]
**26. [Amendment of the Second Schedule to the Code of Civil Procedure.** ] Rep. by the
_Presidency Small Cause Courts Law Amendment Act,_ 1888 (10 of 1888), s. 4.
**27. Finality of decrees and orders.—Save as provided by this Act, a decree or order**
made under the foregoing provisions of this Act by a Court of Small Causes shall be
final.
CHAPTER V
SUPPLEMENTAL PROVISIONS
**28. Subordination of Courts of Small Causes.—(1) A Court of Small Causes shall be**
subject to the administrative control of the District Court and to the superintendence of
the High Court, and shall—
(a) keep such registers, books and accounts as the High Court from time to time
prescribes, and
(b) comply with such requisitions as may be made by the District Court, the High
Court or the State Government for records, returns and statements in such form and
manner as the authority making the requisition directs.
(2) The relation of the District Court to a Court of Small Causes, with respect to
administrative control, shall be the same as that of the District Court to a Civil Court of the
lowest grade competent to try an original suit of the value of five thousand rupees in that
portion of the territories administered by the State Government in which the Court of Small
Causes is established.
**29. Seal.—A Court of Small Causes shall use a seal of such form and dimensions as are**
prescribed by the State Government.
**30. Abolition of Courts of Small Causes.—The State Government may, by order in**
writing, [1]abolish a Court of Small Causes.
**31. Saving of power to appoint Judge of Court of Small Causes to other**
**office.—(1) Nothing in this Act shall be construed to prevent** [2][the appointment of] a
person who is a Judge or Additional Judge of a Court of Small Causes to be also a Judge
of any other [3]Civil Court or to be a Magistrate of any class or to hold any other public
office.
(2) When a Judge or Additional Judge is so appointed, the ministerial officers of his
Court shall, subject to any rules which the State Government may make in this behalf, be
deemed to be ministerial officers appointed to aid him in the discharge of the duties of
the other office.
**32. Application of Act to Courts invested with jurisdiction of Court of Small**
**Causes.—(1) So much of Chapters III and IV as relates to—**
(a) the nature of the suits cognizable by Courts of Small Causes,
(b) the exclusion of the jurisdiction of other Courts in those suits,
1. For instance of a notification abolishing a Court of Small Causes (Broach), see Bombay Govt. Gazette, 1907, Pt. 1. p. 339.
2. Subs. by the A. O. 1937, for [“]the L. G. from appointing”.
3. For instances of notifications issued under this power, _see U. P. R. & 0._
9
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(c) the practice and procedure of Courts of Small Causes,
(d) appeal from certain orders of those Courts and revision of cases decided by
them, and
(e) the finality of their decrees and orders subject to such appeal and revision as are provided by
this Act,
applies to Courts invested by or under any enactment for [.]the time being in force with the jurisdiction
of a Court of Small Causes so far as regards the exercise of that jurisdiction by those Courts.
(2) Nothing in sub-section (1) with respect to Courts invested with the jurisdiction of a Court of Small
Causes applies to suits instituted or proceedings commenced in those Courts before the date on which
they were invested with that jurisdiction.
**33. Application of Act and Code to Court so invested as to two Courts.—A Court invested**
with the jurisdiction of a Court of Small Causes with respect to the exercise of that jurisdiction, and
the same Court with respect to the exercise of its jurisdiction in suits of a civil nature which are not
cognizable by a Court of Small Causes, shall, for the purposes of this Act and the [1]Code of Civil
Procedure (14 of 1882), be deemed to be different Courts.
**34. Modification of Code as so applied.—Notwithstanding anything in the last two foregoing**
sections,—
(a) when, in exercise of the jurisdiction of a Court of Small Causes, a Court invested with
that jurisdiction sends a decree for execution to itself as a Court having jurisdiction in suits
of a civil nature which are not cognizable by a Court of Small Causes, or
(b) when a Court, in the exercise of its jurisdiction in suits of a civil nature which are not
cognizable by a Court of Small Causes, sends a decree for execution to itself as a Court invested with
the jurisdiction of a Court of Small Causes,
the documents mentioned in [2]section 224 of the Code of Civil Procedure (14 of 1882) shall not
be sent with the decree unless in any case the Court, by order in writing, requires them to be
sent.
**35. Continuance of proceedings of abolished Courts.—(1) Where a Court of Small Causes, or**
a Court invested with the Jurisdiction of a Court of Small Causes, has from any cause ceased to
have jurisdiction with respect to any case, any proceeding in relation to the case, whether before or
after decree, which, if the Court had not ceased to have jurisdiction, might have been had therein,
may be had in the Court which, if the suit out of which the proceeding has arisen were about to be
instituted, would have jurisdiction to try the suit.
(2) Nothing in this section applies to cases for which special provision is made in the [1]Code of Civil
Procedure (14 of 1882) as extended to Courts of Small Causes or in any other enactment for the time
being in force.
**36.** [Amendment of Indian Limitation Act.] Rep.by the Indian Limitation Act, 1908
(9 of 1908), s. 32 and the Third Schedule.
**37. Publication of certain orders.—All** orders required by this Act to be made in writing by the
State Government shall be published in the Official Gazette.
_THE FIRST SCHEDULE.—[Enactments repealed.] Rep. by the Amending Act, 1891 (12 of 1891), s. 2_
_and the First Schedule._
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. See now Order XXI, rule 6, ibid.
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1THE SECOND SCHEDULE
SUITS EXCEPTED FROM THE COGNIZANCE OF A COURT OF SMALL CAUSES
(See section 15)
2[(1) A suit concerning any act done or purporting to be done by or by order of the
Central Government, the Crown Representative or the State Government;]
(2) a suit concerning an act purporting to be done by any person in pursuance of a
judgment or order of a Court or of a judicial officer acting in the execution of his
office;
(3) a suit concerning an act or order purporting to be done or made by any other officer of the
Government in his official capacity, or by a Court of Wards, or by an officer of a Court of Wards in the
execution of his office;
(4) a suit for the possession of immovable property or for the recovery of an interest in
such property;
(5) a suit for the partition of immovable property;
(6) a suit by a mortgagee of immovable property for the foreclosure of the mortgage or
for the sale of the property, or by a mortgagor of immovable property for the redemption of
the mortgage;
(7) a suit for the assessment, enhancement, abatement or apportionment of the rent of
immovable property;
(8) a suit for the recovery of rent, other than house-rent, unless the Judge of the Court
of Small Causes has been expressly invested by the State Government with authority to
exercise jurisdiction with respect thereto;
(9) a suit concerning the liability of land to be assessed to land-revenue;
(10) a suit to restrain waste;
(11) a suit for the determination or enforcement of any other right to or interest in
immovable property;
(12) a suit for the possession of an hereditary office or of an interest in such an office,
including a suit to establish an exclusive or periodically recurring right to discharge the
functions
of an office;
(13) a suit to enforce payment of the allowance or fees respectively called _malikana_
and _hakk,_ or of cesses or other dues when the cesses or dues are payable to a person by
reason of his interest in immovable property or in an hereditary office or in a shrine or
other religious institution;
(14) a suit to recover from a person to whom compensation has been paid under the
3Land Acquisition Act, 1870 (1 of 1870), the whole or any part of the compensation;
(15) a suit for the specific performance or rescission of a contract;
(16) a suit for the rectification or cancellation of an instrument;
1. This Schedule has been amended in its application to the Bombay Presidency by s. 2 of the Provincial Small Cause
Courts (Bombay Amendment) Act, 1930 (Bom. 6 of 1930): and by s. 2 of the Provincial Small Cause Courts
(Bombay Amendment) Act, 1932 (Bom. 9 of 1932).
2. Subs. by the A.O. 1937, for the original paragraph.
3. See now the Land Acquisition Act, 1894 (1 of 1894).
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(17) a suit to obtain an injunction;
(18) a suit relating to a trust, including a suit to make good out of the general estate of
a deceased trustee the loss occasioned by a breach of trust, and a suit by a co -trustee to
enforce against the estate of a deceased trustee a claim for contribution;
(19) a suit for a declaratory decree, not being a suit instituted under [1]section 283 or section 332 of
the [1]Code of Civil Procedure (14 of 1882);
(20) a suit instituted under section 283 or section 332 of the [1]Code of Civil Procedure
(14 of 1882);
(21) a suit to set aside an attachment by a Court or a revenue -authority, or a sale,
mortgage, lease or other transfer by a Court or a revenue -authority or by a guardian;
(22) a suit for property which the plaintiff has conveyed while insane;
(23) a suit to alter or set aside a decision, decree or order of a Court or of a person acting in a
judicial capacity;
(24) a suit to contest an award;
(25) a suit upon a foreign judgment as defined in the [1]Codc of Civil Procedure (14 of 1882) or upon
a judgment obtained in [2][India];
(26) a suit to compel a refund of assets improperly distributed under section [3]295 of
the Code of Civil Procedure (14 of 1882);
(27) a suit under the [4]Indian Succession Act, 1865 (10 of 1865), section 320 or section 321, or under
the [4]Probate and Administration Act, 1881 (5 of 1881), section 139 or section 140, to compel a refund by
a person to whom an executor or administrator has paid a legacy or distributed assets;
(28) a suit for a legacy or for the whole or a share of a residue bequeathed by a
testator, or for the whole or a share of the property of an intestate;
(29) a suit—
(a) for a dissolution of partnership or for the winding up of the business of a
partnership after its dissolution;
(b) for an account of partnership-transactions; or
(c) for a balance of partnership-account, unless the balance has been struck by the parties or their
agents;
(30) a suit for an account of property and for its due administration under decree;
(31) any other suit for an account, including a suit by a mortgagor, after the mortgage has
been satisfied, to recover surplus collections received by the mortgagee, and a suit for the
profits on immovable property belonging to the plaintiff which have been wrongfully received
by the defendant;
(32) a suit for a general average loss or for salvage;
(33) a suit for compensation in respect of collision between ships;
(34) a suit on a policy of insurance or for the recovery of any premium paid under any such
policy;
(35) a suit for compensation—
(a) for loss occasioned by the death of a person caused by actionable wrong;
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908) Sch. 1, Order XXI, rules 63 and 100, respectively.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “a Part A State or a Part C State”.
3. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 73.
4. See now the Indian Succession Act, 1925 (39 of 1925), ss. 360 and 361.
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(b) for wrongful arrest, restraint or confinement;
(c) for malicious prosecution;
(d) for libel;
(e) for slander;
(f) for adultery or seduction;
(g) for breach of contract of betrothal or promise of marriage;
(h) for inducing a person to break a contract made with the plaintiff;
(i) for obstruction of an easement or diversion of a water-course;
1[(ii)for an act which is, or, save for the provisions of Chapter IV of the Indian
Penal Code (45 of 1860), would be, an offence punishable under Chapter XVII of the
said Code;]
2
[(j) for illegal, improper or excessive distress, attachment or search, or for trespass
committed in, or damage caused by, the illegal or improper execution of any distress, search or
legal process;]
(k) for improper arrest under Chapter XXXIV of the [3]Code of Civil Procedure (14 of 1882)
or in respect of the issue of an injunction wrongfully obtained under Chapter XXXV of that
3Code; or
(l) for injury to the person in any case not specified in the foregoing sub-clauses of this
clause;
(36) a suit by a Muhammadan for exigible _(mu’ajjal) or deferred (mu’waijal) dower;_
(37) a suit for the restitution of conjugal rights, [4]*** for the custody of a minor, or for a
divorce;[.]
(38) a suit relating to maintenance;
(39) a suit for arrears of land-revenue, village-expenses or other sums payable to the
representative of a village-community or to his heir or other successor in title;
(40) a suit for profits payable by the representative of a village-community or by his heir or other
successor in title after payment of land-revenue, village-expenses and other sums;
(41) a suit for contribution by a sharer in joint property in respect of a payment made by
him of money due from a co-sharer, or by a manager of joint property, or a member of an
undivided family in respect of a payment made by him on account of the property or family;
(42) a suit by one of several joint mortgagors of immovable property for contribution in
respect of money paid by him for the redemption of the mortgaged property;
(43) a suit against the Government to recover money paid under protest in satisfaction of
a claim made by a revenue-authority on account of an arrear of land-revenue or of a demand
recoverable as an arrear of land-revenue;
5[(43A) a suit to recover property obtained by an act which is, or, save for the provisions of Chapter
IV of the Indian Penal Code (45 of 1860), would be, an offence punishable under Chapter XVII of the
said Code;)
(44) a suit, the cognizance whereof by a Court of Small Causes is barred by any enactment for the
time being in force.
1. Ins. by Act 6 of 1914, s. 2(1).
2. Subs. by s. 2, ibid., for item (j).
3. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I. Orders XXXVIII and XXXIX respectively and
s. 95.
4. The words “for the recovery of a wife” were rep. by Act 10 of 1914, s. 3 and the Second Schedule.
5. Ins. by Act 6 of 1914, s. 3.
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**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of the Second Schedule to Act IX of 1887.—In the Second Schedule to the principal**
Act, for Article (4), the following article shall be substituted, namely :—
“(4) a suit for the possession of immovable property or for the recovery of an interest in such
property, but not include a suit by a lessor for the eviction of a lessee from a building after the
determination of his lease, and for the recovery from him of compensation for the use and occupation of
that building after such determination of lease.
_Explanation.—For the purposes of this Article, the expression ‘building’ means a residential or non-_
residential roofed structure, and includes any land (including any garden), garages and out-houses,
appurtenant to such building and also includes any fittings and fixtures affixed to the building for the
more beneficial enjoyment thereof”.
[Vide Uttar Pradesh Act 37 of 1972, s. 4]
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11-Mar-1887 | 12 | The Bengal, Agra and Assam Civil Courts Act, 1887 | https://www.indiacode.nic.in/bitstream/123456789/2313/1/a1887-12.pdf | central | ## THE BENGAL, AGRA AND ASSAM CIVIL COURTS ACT, 1887
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Title, extent and commencement.
2. Repeal.
CHAPTER II
CONSTITUTIONOF CIVIL COURTS
3. Classes of Courts.
4. Number of District Judges, Subordinate Judges and Munsifs.
5. [Repealed. ].
6. Vacancies among District or Subordinate Judges.
7. [Repealed. ].
8. Additional Judges.
9. Administrative control of courts.
10. Temporary charge of District Court.
11. Transfer of proceedings on vacation of office of Subordinate Judge.
12. [Repealed. ].
13. Power to fix local limits of jurisdiction of Courts.
14. Place of sitting of Courts.
15. Vacations of Courts.
16. Seals of Courts.
17. Continuance of proceedings of Courts ceasing to have jurisdiction.
CHAPTER III
ORDINARY JURISIDICTION
18. Extent of original jurisdiction of District or Subordinate Judge.
19. Extent of jurisdiction of Munsif.
20. Appeals from District and Additional Judges.
21. Appeals from Subordinate Judges and Munsifs.
CHAPTER IV
SPECIAL JURISDICTION
22. Power to transfer to Subordinate Judges appeals from Munsifs.
23. Exercise by Subordinate Judge or Munsif of jurisdiction of District Court in certain
proceedings.
24. Disposal of proceedings referred to in last foregoing section.
1
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SECTIONS
25. Power to invest Subordinate Judges and Munsifs with Small Cause Court jurisdiction.
_CHAPTER V. —[MISFEASANCE.] Rep. by the A. O. 1937._
26. [Repealed.].
27. [Repealed.].
28. [Repealed.].
29. [Repealed.].
_CHAPTER VI. —[MINISTERIAL OFFICERS.] Rep. by the A. O. 1937._
30. [Repealed.].
31. [Repealed.].
32. [Repealed.].
33. [Repealed.].
34. [Repealed.].
35. [Repealed.].
CHAPTER VII
SUPPLEMENTAL PROVISIONS
36. Power to confer powers of Civil Courts on officers.
37. Certain decisions to be according to Native law.
88. Judges not to try suits in which they are interested.
39. Subordination of Courts to District Court.
40. Application of Act to State Courts of Small Causes .
2
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THE BENGAL, AGRA AND ASSAM CIVIL COURTS ACT, 1887
## ACT NO. 12 OF 1887[1]
[11th March, 1887.]
An Act to consolidate and amend the law relating to Civil Courts in Bengal, the
North-Western Provinces and Assam.
WHEREAS it is expedient to consolidate and amend the law relating to Civil Courts in
Bengal, the North-Western Provinces and Assam; It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Title, extent and commencement.—(1)This Act may be called the Bengal, [2][Agra] and Assam**
Civil Courts Act, 1887.
(2) It extends to the territories [3][which were on the 11th March, 1887,] respectively
administered by the Lieutenant-Governor of Bengal, the Lieutenant-Governor of the NorthWestern Provinces and the Chief Commissioner of Assam, except such portions of those
territories as for the time being are not subject to the ordinary civil jurisdiction of the High
Courts [4]***; and
(3) It shall come into force on the first day of July, 1887.
2. Repeal.—[5]* - - -
(2) [6] *** all Courts constituted, appointments, nominations, rules and orders made,
jurisdiction and powers conferred and lists published under the Bengal Civil Courts Act,
1871 (6 of 1871)[7], or any enactment thereby repealed, or purporting expressly or impliedly
to have been so constituted, made, conferred and published, shall be deemed to have been
respectively constituted, made, conferred and published under this Act; and
(3)Any enactment or document referring to the Bengal Civil Courts Act, 1871 (6 of 1871)[7], or to any
enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof.
1. This Act has been declared by notification under the Scheduled Districts Act, 1874 (14 of 1874), s. 3, to be in
force in the following Scheduled Districts, namely:—the districts of Hazaribagh, Ranchi, Palamau and
Manbhum, and ParganasDhalbhum, the Chaibbassa Municipality, and the Porahat Estate in the district of
Singhbhum in the Chota Nagpur Division. It has also been declared in force in the Angul District by the Angul
Laws Regulation, 1936 (5 of 1936), s. 3 and Sch.
It is in force in the SonthalParganas for certain purposes: _see_ the SonthalParganas Justice Regulation, 1893 (5 of
1893).
It has been extended to the Sambalpur district by the Sambalpur Civil Courts Act, 1906 (Ben. 4 of 1906); to the
areas transferred to the Province of Orissa from the Madras Presidency and the Central Provinces by the Orissa
Laws Regulation, 1936 (1 of 1936), s. 4; and to the District of Koraput and certain areas of the Ganjam Agency,
by the Koraput and Ganjam Agency Repealing and Extension of Laws Regulation, 1951 (Orissa Regu. 5 of 1951).
It has been amended in its application to—
West Bengal, by Ben. Act 19 of 1935, West Ben. Acts 59 of 1950, 16 of 1957, 26 of 1969, 55 and 58 of 1978;
Bihar and Orissa, by B. &O Act 4 of 1922;
Agra, by U.P. Acts 5 of 1925 and 4 of 1936;
Assam, by Assam Acts 6 of 1935, 17 of 1974 and 1 of 1979;
Bihar, by Bihar Act 12 of 1960 and Uttar Pradesh by U.P. Acts 14 of 1970 and 57 of 1976.
2. Subs. by Act 16 of 1911, s. 2, for “North-Western Provinces”.
3 Subs. by the A.O. 1937, for “for the time being”.
4. The words “and except the Jhansi Division” rep. by Act 20 of 1890, s. 9.
5. Sub-section (1) rep. by Act 12 of 1891, s. 2 and the First Schedule.
6. The word “But” rep.s. 2 and the First Schedule, ibid.
7. Act 6 of 1871 was rep. by s. 2 of this Act.
3
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CHAPTER II
CONSTITUTION OF CIVIL COURTS
**3. Classes of Courts.—Thereshall be the following classes of Civil Courts under this Act, namely:—**
(1) the Court of the District Judge;
(2) the Court of the Additional Judge;
(3) the Court of the Subordinate Judge; and
(4) the Court of the Munsif.
**STATE AMENDMENT**
**Bihar**
**Amendment in Section-3 of the Bengal, Agra and Assam Civil Courts Act, 1887 (Act 12 of**
**1887).- In Bengal, Agra and Assam Civil Courts Act 1887 (Act, 12 of 1887) (herein after referred to as**
the said Act) in Clause-(3) of Section-3 for the words "Subordinate Judge" words and bracket "Civil
Judge (Senior Division)" and in Clause (4) for the words "Munsif " the words and bracket "Civil Judge
(Junior Division)" shall be substituted"
[Vide Bihar Act 14 of 2014, s. 2]
1[4. Number of District Judges, Subordinate Judges and Munsifs.—The State Government may
alter the number of District Judges, Subordinate Judges and Munsifs now fixed.]
**5.[Number of Munsifs.] Rep. by the Decentralization Act, 1914 (4 of 1914), s. 2 and the Schedule,**
_PartI._
**6.Vacancies among District or Subordinate Judges.—(1) Wheneverthe office of District**
Judge or Subordinate Judge is vacant by reason of the death, resignation or removal of the Judge or
other cause, or whenever [2](an increase in the number of District or Subordinate Judges has been
made under the provisions of section 4], the [3][State Government or, as the case may be, the High
Court] may fill up the vacancy or appoint the additional District Judges or Subordinate Judges
4***.
(2) Nothing in this section shall be construed to prevent a State Government from appointing a
District Judge or Subordinate Judge to discharge, for such period as it thinks fit, in addition to the
functions devolving on him as such District Judge or Subordinate Judge, all or any of the functions
of another District Judge or Subordinate Judge, as the case may be.
**Uttar Pradesh**
**Amendment of section 6 of Act XII of 1887.—In section 6 of the Bengal, Agra and Assam Civil**
Court Act, 1887, herein after in this chapter referred to as the principal Act, in sub-section (2), for
the words “state Government” the words “High Court” shall be substituted.
[Vide Uttar Pradesh Act 17 of 1991, s. 2]
**7.[Vacancies among Munsifs.]Rep.by the A. O. 1937.**
**8.Additional Judges.—(1) When the business pending before any District Judge requires the aid**
of Additional Judges for its speedy disposal, the State Government may, [5][having consulted] the High
Court [6]***, appoint such Additional Judges as may be requisite.
1. Subs. by 38 of 1920, s. 2 and the First Schedule, for section 4.
2. Subs. by s. 2 and the First Schedule, ibid.,for “the G.G. in C. has sanctioned an increase of the number of District Judges or
Subordinate Judges”.
3. Subs. by the A. O. 1937, for “L. G.”.
4. The words “as the case may be”rep., _ibid._
5. Subs., ibid.,for “upon the recommendation of”.
6. The words “and with the previous sanction of the G. G. in C.”rep. by Act 16 of 1911, s. 3.
4
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(2)Additional Judges so appointed shall discharge any of the functions of a District Judge which the
District Judge may assign to them, and, in the discharge of those functions, they shall exercise the same
powers as the District Judge.
**9.Administrative control of Courts.—Subject to the superintendence of the High Court, the District**
Judge shall have administrative control over all the Civil Courts under this Act within the local limits of
his jurisdiction.
**10. Temporary charge of District Court.—(1) In the event of the death, resignation or removal**
of the District Judge, or of his being incapacitated by illness or otherwise for the performance of his
duties, or of his absence from the place at which his Court is held, the Additional Judge, or, if an
Additional Judge is not present at that place, the senior SubordinateJudge present thereat, shall,
without relinquishing his ordinary duties, assume charge of the office of the District Judge, and that
continue in charge thereof until the office is resumed by the District Judge or assumed by an officer
appointed thereto.
(2) While in charge of the office of the District Judge, the Additional Judge or Subordinate Judge, as
the case may be, may, subject to any rules which the High Court may make in this behalf, exercise any of
the powers of the District Judge.
**11. Transfer of proceedings on vacation of office of Subordinate Judge.—(1) In the event of**
the death, resignation or removal of a Subordinate Judge, or of his being incapacitated by illness or
otherwise for the performance of his duties, or of his absence from the place at which his Court is
held, the District Judge may transfer all or any of the proceedings pending in the Court of the
Subordinate Judge either to his own Court or to any Court under his administrative control competent
to dispose of them.
(2) Proceedings transferred under sub-section (1)shall be disposed of as if they had been instituted in
the Court to which they are so transferred:
(3) Provided that the District Judge may re-transfer to the Court of the Subordinate Judge or his
successor any proceedings transferred under sub-section (1)to his own or any other Court.
(4) For the purposes of proceedings which are not pending in the Court of the Subordinate Judge
on the occurrence of an event referred to in sub-section (1),and with respect to which that Court has
exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court.
**12.** [Temporary charge of office of Munsif. ]Rep. by the A.O. 1937.
## STATE AMENDMENT
Uttar Pradesh
Amendment of Act no. 12 of 1887.— In the Bengal, Agra and Assam Civil Courts Act, 1887 hereinafter referred to as the principal Act,—
(a) in Section 3, 4, 6, 10, 11, 13, 18, 21, 22, 23, 24 and 25, for the words ‘‘Civil
Judge’’ and ‘‘Civil Judges’’ wherever occurring, the words ‘‘Civil Judge (Senior Division)’’
and ‘‘Civil Judges (Senior Division)’’ shall respectively be substituted;
(b) in Sections 3, 4, 13, 19, 21, 22, 23, 24 and 25, for the words ‘‘Munsif’’ an
‘‘Munsifs’’ wherever occurring, the words ‘‘Civil Judge (Junior Division)’’ and ‘‘Civil
# Judges (Junior Division)’’ shall respectively be substituted;
(c) for the existing marginal headings to the sections shown in Column I of the table below,
the marginal headings as shown in Column II thereof shall be substituted, namely :—
Sect ion Marginal headings as hereby substituted
4 Number of District Judges; Civil Judges (Senior
Division) and Civil Judges (Junior Division)
6 Vacancies among District or Civil Judge (Senior Division)
5
|Sect ion|Marginal headings as hereby substituted|
|---|---|
|4|Number of District Judges; Civil Judges (Senior Division) and Civil Judges (Junior Division)|
|6|Vacancies among District or Civil Judge (Senior Division)|
-----
23 Exercise by Civil Judge (Senior Division) or Civil Judge (Junior division)
of jurisdiction of District Court in certain proceedings.
25 Power to invest Civil Judges (Senior Division) and Civil Judges (Junior
Division) with Small Cause Court Jurisdiction.
[Vide Uttar Pradesh Act 25 of 1995, s. 2]
**Bihar**
**Amendment of section 12 of 1887.— In the said Act, the word "Subordinate Judge" and the word**
"Munsif" wherever used shall be substituted by the words and bracket "Civil Judge (Senior Division)"
and "Civil Judge (Junior Division)" respectively.
[Vide Bihar Act 14 of 2014, s. 3]
**13. Power to fix local limits of jurisdiction of Courts.—(1)The State Government may, by**
notification in the Official Gazette, fix and alter the local limits of the jurisdiction of any Civil Court
under this Act.
(2) If the same local jurisdiction is assigned to two or more Subordinate Judges or to two or more
Munsifs, the District Judge may assign to each of them such civil business cognizable by the Subordinate
Judge or Munsif, as the case may be, as, subject to any General or special orders of the High Court, he
thinks fit.
(3) When civil business arising in any local area is assigned by the District Judge under sub
section (2) to one of two or more Subordinate Judges, or to one of two or more Munsifs, a decree or
order passed by the Subordinate Judge or Munsif shall not be invalid by reason only of the case in
which it was made having arisen wholly or in part in a place beyond the local area if that place is
within the local limits fixed by the State Government under sub-section (1).
(4) A Judge of a Court of Small Causes appointed to be also a Subordinate Judge or Munsif is a
Subordinate Judge or Munsif, as the case may be, within the meaning of this section.
(5) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to
have been fixed under this section.
**14. Place of sitting of Courts.—(1)The State Government may, by notification inthe Official**
Gazette, fix and alter the place or places at which any Civil Court under this Act is to be held.
(2)All places at which any such Courts are now held shall be deemed to have been fixed under this
section.
**15. Vacations of Courts.—(1) Subject to such orders as may be made [1]*** [2][*** by theState**
Government [3]***] the High Court shall prepare a list of days to be observed in each year as close
holidays in the Civil Courts.
(2) The list shall be published in the official Gazette.
1. The words “by the G.G. in C., in the case of the High Court at Calcutta, and”rep. by the A.O. 1937.
2. Ins. by Act 38 of 1920, s. 2 and the First Schedule.
3. The words “in other cases” rep. by the A.O. 1937.
6
|11|Transfer of proceedings on vacation of office of Civil Judge (Senior Division)|
|---|---|
|18|Extent of original jurisdiction of District or Civil Judge (Senior Division)|
|19|Extent of jurisdiction of Civil Judge (Junior Division)|
|21|Appeals from Civil Judges (Senior Division) and Civil Judges (Junior Division)|
|22|Power to transfer to Civil Judges (Senior Division) appeal from Civil Judges (Junior Division)|
|23|Exercise by Civil Judge (Senior Division) or Civil Judge (Junior division) of jurisdiction of District Court in certain proceedings.|
|25|Power to invest Civil Judges (Senior Division) and Civil Judges (Junior Division) with Small Cause Court Jurisdiction.|
-----
(3) A judicial act done by a Civil Court on a day specified in the list shall not be invalid by reason
only of its having been done on that day.
**16. Seals of Courts.—Every Civil Court under this Act shall use a seal of such form and dimensions**
as are prescribed by the State Government.
**17. Continuance of proceeding of Courts ceasing to have jurisdiction.—(1) Where any**
Civil Court under this Act has from any cause ceased to have jurisdiction with respect to any
case, any proceeding in relation to that case which, if that Court had not ceased to have
jurisdiction, might have been had therein may be had in the Court to which the business of the
former Court has been transferred.
(2)Nothing in this section applies to cases for which provision is made in section 623 or
section 649 of the Code of Civil Procedure [1] (14 of 1882) or in any other enactment for the
time being in force.
**STATE AMENDMENT**
**Assam**
**Amendment of section 17.—In sub-section (2) of section 17 of the said Act, for the words and**
figures "in Section 623 or Section 649 of the Code of Civil Procedure" the words and figures "in sections
36, 37 and 114 of, and Rule 1 of Order XLVII in Schedule I to the Code of Civil Procedure, 1908" shall
be substituted.
[Vide Assam Act 6 of 1935, s. 3]
**Bihar**
**Amendment of Section 17 of Act XII of 1887.— In sub-section (2) of Section 17 of the Bengal,**
Agra and Assam Civil Courts Act, 1887 (XII of 1887) (hereinafter referred to as the said Act), for the
words and figures "in Section 623 or Section 649 of the Code of Civil Procedure" the words and figures
"in Sections 36, 37 and 114 of, and Rule 1 of Order XLVII in Schedule I to the Code of Civil Procedure,
1908" shall be substituted.
## [Vide Bihar Act 12 of 1960, s. 2]
CHAPTER III
ORDINARY JURISDICTION
**18. Extent of original jurisdiction of District or Subordinate Judge.—Saveas otherwise**
provided by any enactment for the time being in force, the jurisdiction of a District Judge or
Subordinate Judge extends, subject to the provisions of section 15 of the Code of Civil
Procedure[2] (14 of 1882), to all original suits for the time being cognizable by Civil Courts.
**STATE AMENDMENT**
**Assam**
## Amendment of section 18 and 39.—In Section 18 of the Said Act, after the words "Code of Civil
Procedure", the figures "1908" shall be inserted.
[Vide Assam Act 6 of 1935, s. 4]
1. In Bengal and Assam, for the words and figures “in s. 623 or s. 649 of the Code of Civil Procedure” the words
and figures “in ss. 36, 37 and 114 of, and rule 1 of Order XLVII in Sch. I to, the Code of Civil Procedure, 1908,”
have been subs. by Bengal Act 19 of 1935 and Assam Act 6 of 1935, respectively. In Agra, Bihar and Orissa,
also, the reference to the old enactment should be construed in the same way: _see_ the Code of Civil Procedure,
1908 (Act 5 of 1908), s. 158.
2. In Bengal and Assam, the figures “1908,” have been ins. at this place by Bengal Act 19 of 1935 and Assam Act 6
of 1935, respectively. In Agra, Bihar and Orissa.also, the reference to the old enactment should be construed in
the same way: see the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 158.
7
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**Bihar**
**Amendment of Section 18 of Act XII of 1887. - In Section 18 of the said Act, after the words "Code of**
Civil Procedure", the figures "1908" shall be inserted.
[Vide Bihar Act 12 of 1960, s. 3]
119.Extent of jurisdiction of Munsif.—(1) Save as aforesaid, and subject to the provisions
of sub-section (2),the jurisdiction of a Munsif extends to all like suits of which the value does
not exceed one thousand rupees.
(2)The State Government may, on the recommendation of the High Court, direct, by
notification in the Official Gazette, with respect to any Munsif named therein, that his
jurisdiction shall extend to all like suits of such value not exceeding two thousand rup eesas
may be specified in the notification:
2[Provided that the State Government may, by notification in the Official Gazette, delegate
to the High Court its powers under this section.]
**STATE AMENDMENT**
**Assam**
**Amendment of section 19.—In sub-section (2) of section 19 of the said Act, for the words**
beginning with “that his jurisdiction” and ending with “in the notification” the following shall
be substituted, namely:
“(a) that his jurisdiction shall extend to all like suits of such value not exceeding two
thousand rupees as may be specified in the notification, or
(b) that so long as he holds Court at a place where the Court of a Subordinate Judge is
held his jurisdiction shall extend to all like suits of such value not exceeding three
thousand rupees as may be so specified.”
[Vide Assam Act 6 of 1935, s. 5]
**Amendment of section 19.—In the Principal Act, in Section 19-**
(i) in sub-section (1), for the words “seven thousand rupees”, the words “fifty thousand rupees”
shall be substituted.
(ii) in sub-section (2), for the words “twenty five thousand rupees” the words “two lakhs rupees”
shall be substituted.
[Vide Assam Act 44 of 2005, s. 2]
**Amendment of section 19.—In section 19 of the principal Act, --**
(1) in sub-section (1), for the words “one thousand rupees” at the end the words “three thousand
rupees” shall be substituted:
(2) for sub-section (2) the following shall be substituted, namely:
“(2) The State Government may, on the recommendation of the High Court, direct, by
notification in the Official Gazette with respect to any Munsif named therein that his jurisdiction shall
extend to all like suits of such value not exceeding five thousand rupees as may be specified in the
notification:
1. S. 19 does not apply to Honorary Munsifs and Benches, in the U. P.: _see the U. P. Honorary Munsifs Act, 1896_
(U.P. 2 of 1896), s. 13. This section has been diversely amended in Bengal, Bihar and Orissa, Agra and Assam
by Ben. Act 19 of 1935, s. 5, B. &O. Act 4 of 1922, s. 2, U.P. Act 5 of 1925, ss. 2 and 3, and Assam Act 6 of
1935, s. 5, respectively.
2. Ins. by Act 4 of 1914, s. 2 and the Schedule, Part I.
8
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Provided that the State Government may, by notification in the Official Gazette, delegate to the
High Court its powers under this section.”
[Vide Assam 9 of 1965, s. 2]
**Amendment of section 19.—(1) In section 19 of the principal Act, in sub-section (1), for the words**
“three thousand rupees” the words “seven thousand rupees” shall be substituted.
(2) In section 19 of the principal act, in sub-section (2) for the words “ten thousand rupees” the words
“twentyfive thousand rupees” shall be substituted.
[Vide Assam Act 7 of 1993, s. 2]
**Uttarakhand**
**Amendment of sub-section (2) of section 19.—In sub-section (2) of section 19 of the Bengal, Agra**
and assam Civil Courts Act, 1887—
“(2) Words ‘one lac’ for the words ‘twenty five thousand’ shall be substituted.
[Vide Uttaranchal Act 20 of 2005, s. 2]
**Uttar Pradesh**
**Amendment of section 19 of act 12 of 1887.—for section 19 of the Bengal, Agra and Assam Civil**
Courts Act, 1887, hereinafter in this Chapter referred to as the principal Act, the following section shall
be substituted, namely:-
“19 (1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a
Munsif extends to all like suits of which the value does not exceed five thousand rupees.
(2) The State Government may, on the recommendation of the High Court, direct by notification
in the official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to
all like suits of such value not exceeding ten thousand rupees as may be specified in the notification:
Provided that the State Government may, the notification in the official Gazette, delegate to the
High Court its powers under this section.”
[Vide Uttar Pradesh Act 57 of 1976, s. 27]
**Amendment of section 19.—In section 19 of the principal Act,-**
(a) in sub-section (1), for the words "five thousand rupees" the words "ten thousand rupees" shall be
substituted;
(b) for sub-section (2), the following sub-section shall be substituted namely:
"(2) the High Court may direct by notification in the official Gazette, with respect to any music
named therein, that his Jurisdiction shall extend to all like suits of such value not exceeding twenty
five thousand rupees as may be specified in the notification.
[Vide Uttar Pradesh Act 17 of 1991, s. 3]
**Amendment of section 19 of Act no. XII of 1887.— In section 19 of the Bengal, Agra and Assam Civil**
Court Act, 1887 hereinafter in this Chapter referred to as the principal Act,–
(a) in sub-section (1) for the words “ten thousand rupees” the words “one lakh rupees” shall be
substituted;
(b) in sub-section (2) for the words “twenty five thousand rupees” the words “five lakh rupees”
shall be substituted.
[Vide Uttar Pradesh Act 14 of 2015, s. 2 ]
9
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**Bihar**
**Amendment of Section 19 of Act 12 of 1887. - In Section 19 of the Bengal, Agra and Assam Civil**
Courts Act, 1887 (Act 12 of 1887) (hereinafter referred to as the said Act).
(i) in sub-section (1) for the words "two thousand" the words "twenty thousand" shall be substituted;
(ii) in sub-section (2) for the words "five thousand" the words "thirty thousand" shall be substituted.
[Vide Bihar Act 19 of 1987, s. 2]
**Amendment of section 19 of the Act, 12 of 1887.— In the said Act in Section-19 the words**
"the Jurisdiction of Munsif extends to all like suits of which the value does not exceed Thirty thousand
rupees" shall be substituted by the words, numbers and bracket "the Jurisdiction of Civil Judge (Junior
Division) extends to all like suits of which the value does not exceed rupees 1,50,000/-(One lac fifty
thousand rupees)".
[Vide Bihar Act 14 of 2014, s. 4]
**Amendment of Section 19 of Act XII of 1887. - In Section 19 of the said Act,-**
(i) in sub-section (1), for the words "one thousand", the words "two thousand" shall be substituted;
and
(ii) in sub-section (2), for the words "four thousand", the words "five thousand" shall be substituted.
[Vide Bihar Act 12 of 1960, s. 5]
**20. Appeals from District and Additional Judges.—(1) Save as otherwise provided by any**
enactment for the time being in force, an appeal from a decree or order- of a District Judge or Additional
Judge shall lie to the High Court.
(2) An appeal shall not lie to the High Court from a decree or order of an Additional Judge in any
case in which, if the decree or order had been made by the District Judge[,] an appeal would not lie to that
Court.
**21. Appeals from Subordinate Judges and Munsifs.—(1) Save as aforesaid, an appeal from a**
decree or order of a Subordinate Judge shall lie—
(a) to the District Judge where the value of the original suit in which or in any proceeding
arising out of which the decree or order was made did not exceed five thousand rupees, and
(b) to the High Court in any other case.
(2) Save as aforesaid, an appeal from a decree or order of a Munsif shall lie to the District Judge.
(3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1)
or sub-section (2) has been assigned to an Additional Judge, the appeals may bepreferred to the
Additional Judge.
(4) The High Court may, with the previous sanction of the State Government, direct, by notification
in the Official Gazette, that appeals lying to the District Judge under sub-section (2) from all or any of the
decrees or orders of any Munsif shall be preferred to the Court of such Subordinate Judge as may be
mentioned in the notification, and the appeals shall thereupon be preferred accordingly.
**STATE AMENDMENT**
**Assam**
**Amendment of section 21.—In the Principal Act, in section 21, in sub-section (1), in**
clause (a), for the words “fifty thousand rupees” the words “five lakh rupees” shall be
substituted.
_(a)_ to the District Judge where the value of the original suit in which or in any
proceeding arising out of which, the decree or order was made, whether instituted or
10
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commenced or decided before or after the commencement of the Uttar Pradesh Civil Laws
Amendment Act, 1968, was less than twenty thousand rupees; and
_(b) to the High Court, in any other case._
(I-A) An appeal from a decree or order of Civil Judge where the value of the original
suit in which, or in any proceeding arising out of which, the decree or order was made
exceeded ten thousand rupees but was less than twenty-thousand rupees instituted in the
High Court before the date of commencement of the Uttar Pradesh Civil Laws Amendment
Act, 1970, and pending in the High Court immediately before the said date, not being an
appeal in which arguments have been concluded before the said date and only judgment
disposing of the appeal remains to be pronounced, shall stand transferred to the District
Judge having jurisdiction who may either decide it himself or assign it to any Additional
Judge sub-ordinate to him.
(I-B) The period of limitation prescribed for filing an appeal from a decree or order of a
Civil Judge where the value of the original suit in which, or in any proceeding arising out of
which, the decree or order was made exceeded ten thousand rupees but was less than twenty
thousand rupees and the decree or order was made before December 2, 1968, shall,
notwithstanding anything in the Limitation Act, 1963, be deemed to be and always to have
been the same as if the appeal continued to lie to the High Court.’’
_(b) to the High Court, in any other case._
(I-A) An appeal from a decree or order of Civil Judge where the value of the original
suit in which, or in any proceeding arising out of which, the decree or order was made
exceeded ten thousand rupees but was less than twenty-thousand rupees instituted in the
High Court before the date of commencement of the Uttar Pradesh Civil Laws Amendment
Act, 1970, and pending in the High Court immediately before the said date, not being an
appeal in which arguments have been concluded before the said date and only judgment
disposing of the appeal remains to be pronounced, shall stand transferred to the District
Judge having jurisdiction who may either decide it himself or assign it to any Additional
Judge sub-ordinate to him.
(I-B) The period of limitation prescribed for filing an appeal from a decree or order of
a Civil Judge where the value of the original suit in which, or in any proceeding arising out
of which, the decree or order was made exceeded ten thousand rupees but was less than
twenty thousand rupees and the decree or order was made before December 2, 1968, shall,
notwithstanding anything in the Limitation Act, 1963, be deemed to be and always to have
been the same as if the appeal continued to lie to the High Court.’’
[Vide Assam Act 44 of 2005, s. 3]
**Amendment of section 21.—In section 21 of the principal Act, in clause (a) of**
sub-section (1), for the words “five thousand rupees” the words “seven thousand rupees” shall
be substituted.
[Vide Assam Act 9 of 1965, s. 3]
**Amendment of section 21.--In section 21 of the principal Act, in sub-section (1), in clause**
(a), for the words “twenty thousand rupees”, the words “fifty thousand rupees” shall be
substituted.
[Vide Assam Act 7 of 1993, s. 3]
**Uttar Pradesh**
**Amendment of section 21 of Act XII of 1887.--In section 21 of the Bengal, Agra and Assam Civil**
Courts Act, 1887, as amended in its application to Uttar Pradesh (hereinafter referred to as the Bengal,
Agra and Assam Civil Courts Act), for sub-section (1), the following sub-section shall be substituted,
namely :—
11
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“(1) Save as aforesaid, an appeal from a decree or order of a Civil Judge shall lie—
_(a) to the District Judge where the value of the original suit in which or in any proceeding arising_
out of which, the decree or order was made, whether instituted or commenced or decided before or
after the commencement of the Uttar Pradesh Civil Laws Amendment Act, 1968, was less than
twenty thousand rupees; and
(b) to the High Court, in any other case.
(I-A) An appeal from a decree or order of a Civil Judge where the value of the original suit in which,
or in any proceeding arising out of which, the decree or order was made exceeded ten thousand rupees but
was less than twenty thousand rupees instituted in the High Court before the date of commencement of
the Uttar Pradesh Civil Laws Amendment Act, 1970 and pending in the High Court immediately before
the said date, not being an appeal in which arguments have been concluded before the said date and only
judgement disposing of the appeal remains to be pronounced, shall stand transferred to the District Judge
having jurisdiction who may either decide it himself or assign it to any Additional Judge subordinate to
him.
(I-B) The period of limitation prescribed for filing an appeal from a decree or order of a Civil Judge
where the value of the original suit in which, or in any proceeding arising out of which, the decree or
order was made exceeded ten thousand rupees but was less than twenty thousand rupees and the decree or
order was made before December 2, 1968, shall notwithstanding anything in the Limitation Act, 1963, be
deemed to be and always to have been the same as if the appeal continued to lie to the High Court.”
**[Vide** Uttar Pradesh Act 14 of 1970, s. 4]
**Uttar Pradesh**
**Amendment of section 21.—In section 21 of the principal Act,-**
(a) for sub-sections (1), (1-A) and (1-B), the following sub-sections shall be
substituted, namely :–
"(1) Save as aforesaid an appeal from a decree or order of a Civil Judge shall lie,–
(a) to the High Court in any case other than a case referred to in clause (b) ;
(b) to the District Judge where the value of the original suit in which or in any
proceeding arising out of which the decree or order was made (either instituted or
commenced before or after the relevant date) did not exceed one lakh rupees or such
higher amount not exceeding five lakh rupees as the High Court may fix from time to
time by notification in the official Gazette.
## Explanation—For the purposes of this sub-section and sub-section (1-A) and
(1-B) relevant date means the date of commencement of the Uttar Pradesh Civil Laws (Amendment) Act, 1991 or, as the case may be, the date of commencement of notification made under clause (b) of sub- section (1).
(1-A) An appeal, from a decree or order of a Civil Judge where the value of
the original suit in which, or in any proceeding arising out of which the decree or order was made was not more than amount fixed by or under clause (b) of sub- section (1) instituted in High Court and pending in the High Court immediately before the relevant date, shall stand transferred to the District judge having jurisdiction who may either decide it himself or assign it to any additional Judge subordinate to him :
Provided that any judgment, decree or order passed in such an appeal by the
High Court after the relevant date shall be valid as if the High Court had withdrawn the appeal under section 24 of the Code of Civil Procedure, 1908.
(1-B) The period of limitation prescribed for filing an appeal from a decree or
order of a Civil Judge made before the relevant date, which lay to the High
12
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## Court immediately before such date but lies to the District Judge under sub- section (1) shall not withstanding anything to the contrary contained in the Limitation Act, 1963, be deemed to be and always to have been the same as if the appeal continued to lie to the High Court.";
(b) in sub-section (4), the words "with the previous sanction of the State
Government,' shall be omitted.
[Vide Uttar Pradesh Act 17 of 1991, s. 4]
**Amendment of section 21.—In section 21 of the principal Act, in sub-section (1), in clause (b),–**
(a) for the words “one lakh rupees” the words “five lakh rupees” shall be substituted; and
(b) for the words “five lakh rupees” the words “twenty-five lakh rupees” shall be substituted.
[Vide Uttar Pradesh Act 14 of 2015, s. 3]
**Bihar**
**Amendment of Section 21 of Act XII of 1887.—In clause (a) of sub-section (1) of Section 21 of the**
Bengal, Agra & Assam Civil Courts Act, 1887 (XII of 1887), for the words "did not exceed five thousand
rupees", the word "was less than ten thousand rupees" shall be substituted.
[Vide Bihar Act 1959, s. 2]
**Amendment of section 21 of Act 12 of 1887.—In the Bengal, Agra and Assam Civil Courts**
Act, 1887 (Act 12 of 1887) clause (a) of sub-section (1) of section 21 for the words “sixty
thousand” the words “two lakhs” shall be substituted.
[Vide Bihar Act 19 of 1996, s. 2]
**Amendment in section 21 of the Act, 12 of 1887** .—In the said act in Clause (a) of sub-section
(1) of section-21 the words “Two lacs rupees” shall be substituted by the number, bracket and
words “rupees 10,000/-(rupees Ten lacs)”
[Vide Bihar Act 14 of 2014, s. 5]
**Amendment in section 21 of Act 12 of 1887.—In section (a) of sub-section (1) of Section 21**
of the said Act of the words “ten thousand” the words “sixty thousand” shall be substituted.
[Vide Bihar Act 19 of 1987, s. 3]
CHAPTER IV
SPECIAL JURISDICTION
**22. Power to transfer to Subordinate Judges appeals from Munsifs.—(1)A District Judge may**
transfer to any Subordinate Judge under his administrative control any appeals pending before him from
the decrees or orders of Munsifs.
(2) The District Judge may withdraw any appeal so transferred, and either hear and dispose of it
himself or transfer it to a Court under his administrative control competent to dispose of it.
(3) Appeals transferred under this section shall be disposed of subject to the rules
applicable to like appeals when disposed of by the District Judge.
**123. Exercise by Subordinate Judge or Munsif of jurisdiction of district Court in certain**
**proceedings.—(1) TheHigh Court may, by general or special order, authorize any Subordinate**
Judge or Munsif to take cognizance of, or any district Judge to transfer to a Subordinate Judge or
Munsif under his administrative control, any of the proceedings next hereinafter mentioned or any
class of those proceedings specified in the order.
1. S. 23 does not apply to Honorary Munsifs and Benches in the U. P.: _see_ the U.P. Honorary Munsifs Act, 1896 (U.P. 2 of
1896), s. 13.
13
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(2) The proceedings referred to in sub-section (1) are the following, namely:—
(a) proceedings under Bengal Regulation 5, 1799 (to limit the Interference of the Zillah and City
_Courts of Dewanny Adawlut in the Execution of Wills and Administration to the Estates of persons_
_dying intestate);_
1* - - -
2* - - - *
(d) proceedings under the Indian Succession Act, 1865 (10 of 1865), [3] and the Probate and
Administration Act, 1881 (5 of 1881)[4] which cannot be disposed of by District Delegates;and
(e)references by Collectors under section 322C of the Code of Civil Procedure (14 of 1882). [4]
(3) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to,
a Subordinate Judge or Munsif, and may either himself dispose of them or transfer them to a Court under
his administrative control competent to dispose of them.
**STATE AMENDMENT**
**Assam**
**Amendment of section 23.—In sub-section (2) of section 23 of the said Act, --**
(1) in clause (d) for the words and figures “the Indian Succession Act, 1865, and the Probate and
Administration Act, 1881”, the words and figures “the Indian Succession Act, 1925”, shall be
substituted; and
(2) in clause (e), for the word and figures “section 322C”, the words “paragraph 5 of the Third
Scheduled “ shall be substituted and after the words “Code of Civil Procedure” the figure “1908”
shall be added.
[Vide Assam Act 6 of 1935, s. 6]
**STATE AMENDMENT**
**Bihar**
**Amendment of Section 23 of Act XII of 1887.— In sub-section (2) Section 23 of the said Act,—**
(i) in clause (d), for the words and figures “the Indian Succession Act, 1865, and the probate and
Administration Act, 1881”. The words and figures “the Indian Succession Act, 1925” shall be substituted
; and
(ii) clause (e) shall be omitted.
[Vide Bihar Act 12 of 1960, s. 5]
524. Disposal of proceedings referred to in last foregoing section.—(1) Proceedings taken
cognizance of by, or transferred to, a Subordinate Judge or Munsif, as the case may be, under
thelast foregoing section shall be disposed of by him subject to the rules applicable to like
proceedings when disposed of by the District Judge:
Provided that an appeal from an order of the Munsif in any such proceedings shall lie to the District
Judge.
1. Clause (b) relating to proceedings under Act 40 of 1858 or Act 9 of 1861 rep. by Act 8 of 1890, s. 2 and Sch.
2. Clause (c)relating to applications for certificates under Act 27 of 1860 was rep. by Act 7 of 1889.
3. See now the Indian Succession Act, 1925 (39 of 1925). In Bengal and Assam, this cl. has been formally amended by Ben. Act
19 of 1935 and Assani Act 6 of 1935, respectively.
4. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. III. This cl. has been omitted in Bengal by Ben. Act 19 of
1935 and formally amended in Assam by Assam Act 6 of 1935.
5. Ss. 24 and 25 do not apply to Honorary Munsifs and Benches in the U.P.; see the U.P. Honorary Munsifs Act, 1896 (U.P. 2 of
1896), s. 13.
14
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(2)An appeal from the order of the District Judge on the appeal from the order of a munsif under this
section shall lie to the High Court if a further appeal from the order of the District Judge is allowed by the
law for the time being in force.
**1**
**25. Power to invest Subordinate Judges and Munsifs with Small Cause Court**
**Jurisdiction.—The State Government may, by notification in the Official Gazette, confer, within**
such local limits as it thinks fit, upon any Subordinate Judge or Munsif the jurisdiction of a
Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887)
for the trial of suits, cognizable by such Courts, up to such value not exceeding five hundred [2]
rupees in the case of a Subordinate Judge or [3][two hundred and fifty[4] rupees] in the case of a
Munsif as it thinks fit, and may withdraw any jurisdiction so conferred:
4[Provided that the State Government may, by notification in the Official Gazette, delegate to the
High Court its powers under this section.]
**STATE AMENDMENT**
**Assam**
**Amendment of section 25.—In section 25 of the said Act, for the words "five hundred rupees", the**
words "seven hundred and fifty rupees" and for the words "two hundred and fifty rupees", the words
"three hundred rupees" shall be substituted.
[Vide Assam Act 6 of 1935, s. 7]
**Uttar Pradesh**
**Amendment of section 25.—For section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887 the**
following section shall be substituted, namely:-
“25. The State Government may, by notification in the Gazette, confer within such local limits as
it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes
under the Provincial Small Causes Courts Act, 1887, for the trial of suits cognizable by such Courts,
up to such value not exceeding one thousand rupees in the case of a Civil Judge or five hundred rupee
in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred:
Provided that the State Government may, by notification in the Gazette delegate to the High
Court its powers under this section.”
[Vide Uttar Pradesh Act 14 of 1970, s. 5]
**Amendment of section 25 of Act XII of 1887--Section 25 of the Bengal, Agra and Assam Civil Courts**
Act, 1887, as amended in its application to Uttar Pradesh shall be re-numbered as sub-section (1) thereof,
and—
(i) in sub-section (1), as so re-numbered, for the existing proviso, the following proviso shall be
substituted, namely :–
‘‘Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of
section 15 of the said Act the references in this sub-section to one thousand rupees and five
hundred rupees shall be construed respectively as references to five thousand rupees and one
thousand rupees.’’ ;
(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :–
‘‘(2) The State Government may by notification in the official Gazette, confer upon any
District Judge or Additional District Judge he jurisdiction of a Judge of a Court of Small Causes
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. III. This cl. has been omitted in Bengal by Ben. Act 19 of
1935 and formally amended in Assam by Assam Act 6 of 1935.
2. In Bengal and Assam the limits are seven hundred and fifty and three hundred, respectively: _see_ Ben. Act 19 of 1935 and
Assam Act 6 of 1935.
3. Subs. by Act 16 of 1911, s. 4, for “one hundred rupees”.
4. Ins. by 4 of 1914, s. 2 and Sch., Pt. I.
15
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under the Provincial Small Cause Courts Act, 1887, for the trial of all suits (irrespective of their
value), by the lesser for the eviction of a lessee from a building after the determination of his
lease, or for the recovery from him of rent in respect of the period of occupation thereof during
the continuance of the lease or of compensation for the use and occupation thereof after such
determination of lease, and may withdraw any jurisdiction so conferred.
_Explanation— For the purposes of this sub-section, the expression ‘building’ has the same_
meaning as in Article (4) in the Second Schedule to the said Act.
(3) The State Government may by notification in the official Gazette delegate to the High
Court its powers under this section.’’
[Vide Uttar Pradesh Act 37 of 1972, s. 5]
**Amendment of section 25.— In section 25 of the principal Act, in sub-section (1) as amended from time**
to time in its application to Uttar Pradesh,
(a) for the words "one thousand rupees" and "five hundred rupees" the words "two thousand
rupees" and "one thousand rupees" shall respectively be substituted;
(b) for the proviso, as substituted by the Uttar Pradesh Civil Laws Amendment Act, 1972 (U.P
Act 37 of 1972), the following proviso shall be substituted, namely :
"Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of
section 15 of the said Act the reference in this sub-section to two thousand rupees and one
thousand rupees shall be construed respectively as references to five thousand rupees and two
thousand rupees."
[Vide Uttar Pradesh Act 57 of 1976, s. 28]
## Amendment of section 25.—In section 25 of the principal Act,
(a) for sub-sections (1) the following sub-sections shall be substituted,
## namely :–
"(1) The High Court may by notification in the official Gazette, confer
within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 for the trial of suits cognizable by such Courts. up to such value not exceeding five thousand rupees as it thinks fit and may withdraw any jurisdiction so conferred :
Provided that in relation to suits of the nature referred to in the proviso to
sub-section (2) of section 15 of the said Act, the reference in this sub-section to five thousand rupees shall be construed as reference to twenty five thousand rupees.";
(b) in sub-section (2), for the words "State Government" the word "High Court"
## shall be substituted ;
(c) sub-section (3) shall be omitted
[Vide Uttar Pradesh Act 17 of 1991, s. 5]
**Uttar Pradesh**
Section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887, as amended in its application to Uttar
Pradesh shall be re-numbered as sub-section (1) thereof, and—
“Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section
15 of the said Act the references in this sub-section to one thousand rupees and five hundred rupees shall
be constructed respectively as references to five thousand rupees and one thousand rupees.”
(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :—
16
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“(2) The State Government may by notification in the official Gazette confer upon any District
Judge or Additional District Judge the jurisdiction of a Judge of a Court Act, 1887, for the trial of all
suits (irrespective of their value), by the lessor for the eviction of a lessee from a building after the
determination of his lease, or for the recovery from him of rent in respect of the period of occupation
thereof during the continuance of the lease or of compensation for the use and occupation thereof
after such determination of lease, and may withdraw any jurisdiction so conferred.
_Explanation—For the purpose of this sub-section, the expression ‘building’ has the same_
meaning as in Article (4) in the Second Schedule to the said Act.
(3) The State Government may by notification in the official Gazette delegate to the High Court
its powers under this section.”
[Vide Uttar Pradesh Act 37 of 1972, s. 5 ]
**Bihar**
**Amendment of Section 25 of Act XII of 1887. - In Section 25 of the said Act, for the words "five**
hundred rupees", the words "seven hundred and fifty rupees" and for the words "two hundred and fifty
rupees", the words "three hundred rupees" shall be substituted.
[Vide Bihar Act 12 of 1960, s. 6]
CHAPTER V. —[MISFEASANCE.]Rep. by the A. O. 1937.
**26. [Suspension or removal of Judges by Local Government.] Rep., ibid.**
**27. [Suspension of Subordinate Judge by High Court.] Rep., ibid.**
**28. [Suspension or removal of Munsif by High Court.] Rep., ibid.**
**29. [Suspension of Munsif by District Judge.] Rep.,ibid.**
CHAPTER VI. —[MINISTERIAL OFFICERS.].Rep., ibid.
**30. [Appointment and removal of ministerial officers of District Courts.].Rep., ibid.**
**31. [Appointment and removal of ministerial officers of other Courts.]Rep., ibid.**
**32. [Appointment and removal of ministerial officers on joint establishments.]Rep., ibid.**
**33. [General powers of District Judge.]Rep., ibid.**
**34. [Transfer of ministerial officers.]Rep., ibid.**
**35. [Recovery of fines.]Rep., ibid**
CHAPTER VII
SUPPLEMENTAL PROVISIONS
**36. Power to confer powers of Civil Courts on officers.—(1) The State Government may**
invest with the powers of any Civil Court under this Act, by name or in virtue of office, —
(a) any officer in the Chutia Nagpur, [1][Sambalpur], Jalpaiguri or Darjeeling District, or
in any part of the territories administered by the Chief Commissioner of Assam except the
district of Sylhet, or,
(b) after consultation with the High Court, any officer serving in any other part of the territories
to which this Act extends and belonging to a class defined in this behalf by the State Government
2*** .
1. Ins. by 4 of 1906, s. 6.
2. The words “with the previous sanction of the G. G. in C.”rep. by Act 38 of 1920, s. 2 and the First Schedule,
Part I.
17
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(2) Nothing in [1][sections 4, 5, 6, 8, 10 or 11] applies to any officer so invested, but all the
other provisions of this Act shall, so far as those provisions can be made applicable, apply to
him as if he were a Judge of the Court with the powers of which he is invested.
(3) Where, in the territories mentioned in clause (a) of sub-section (1),the same local
jurisdiction is assigned to two or more officers invested with the powers of a Munsif, the officer
invested with the powers of a District Judge may, with the previous sanction of the State
Government, delegate his functions under sub-section (2) of section 13 to an officer invested
with the powers of a Subordinate Judge or to one of the officers invested with the powers of a
Munsif.
(4) Where the place at which the Court of an officer invested with powers under sub-section
(1) isto be held has not been fixed under section 14, the Court may be held at any place within
the local limits of its jurisdiction.
**STATE AMENDMENT**
**Assam**
**Amendment of section 36.—In section 36 of the principal Act, in clause (a) of sub-section (1),**
for the words “territories administered by the Chief Commissioner of Assam except the district
of Sylhet” occurring between the words “the” and “or” the words “State of Assam” shall be
substituted.
[Vide Assam Act 9 of 1965, s. 4]
**237. Certain decisions to be according to Native law.—(1) Where in any suit or other**
proceeding it is necessary for a Civil Court to decide any question regarding succession,
inheritance, marriage or caste, or any religious usage or institution, the Muhammadan law in
cases where the parties are Muhammadans, and the Hindu law in cases where the parties arc
Hindus, shall form the rule of decision except in so far as such law has, by legislative enactment,
been altered or abolished.
(2)In cases not provided for sub-section (1)or by any other law for the time being in force,
the Court shall act according to justice, equity and good conscience.
**38. Judges not to try suits in which they are interested.—(1) The presiding officer of a**
Civil Court shall not try any spit or other proceeding to which he is a party or in which he is
personally interested.
(2) The presiding officer of an appellate Civil Court under this Act shall not try an appeal against a
decree or order passed by himself in another capacity.
(3) When any such suit, proceeding or appeal as is referred to in sub-section (1)or sub
section (2) comes before any such officer, the officer shall forthwith transmit the record of the
case to the Court to which he is immediately subordinate, with a report of the circumsta nces
attending the reference.
(4) The superior Court shall thereupon dispose of the case under section 25 of the Code of Civil
Procedure (14 of 1882)[3].
(5) Nothing in this section shall be deemed to affect the extraordinary original civil
jurisdiction of the High Court.
1. Subs. by the A.O. 1937, for “sections 4 to 8 (both inclusive), or sections 10 to 12 (both inclusive), or sections 27 to 35 (both
inclusive)”.
2. The provisions of this section, in so far as they are inconsistent with- the provisions of the Muslim Personal Law
_(Shariat)_ Application Act, 1937 (26 of 1937), rep. by s. 6 of that Act, but have been revived by s. 3 of Act 16 of
1943.
3. See now s. 24 of the Code of Civil Procedure, 1908 (Act 5 of 1908). In Bengal and Assam, that reference has
been formally subs. by Ben. Act 19 of 1935 and Assam Act 6 of 1935 respectively.
18
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**STATE AMENDMENT**
**Assam**
**Amendment of section 38.—In sub-section (4) of section 38 of the said Act, for the words and**
figures "section 25 of the Code of Civil Procedure", the words and figures "section 24 of the Code of
Civil Procedure, 1908" shall be substituted.
[Vide Assam Act 6 of 1935, s. 8]
**Bihar**
**Amendment of Section 38 of Act XII of 1887. - In sub-section (4) of Section 38 of the said Act, for the**
words and figures "Section 25 of the Code of Civil Procedure", the words and figures "Section 24 of the
Code of Civil Procedure, 1908" shall be substituted.
[Vide Bihar Act 12 of 1960, s. 7]
**39. Subordination of Courts to District Court.—For the purposes of the last foregoing**
section the presiding officer of a Court subject to the administrative control of the District
Judge shall be deemed to be immediately subordinate to the Court of the District Judge, and,
for the purposes of the Code of Civil Procedure (14 of 1882), the Court of such an officer
shall be deemed to be of a grade inferior to that of the Court of the District Judge.
**STATE AMENDMENT**
**Assam**
In Section 39 of the Said Act, after the words "Code of Civil Procedure", the figures "1908" shall be
inserted.
[Vide Assam Act 6 of 1935, s. 4]
**Bihar**
**Amendment of Section 39 of Act XII of 1887. - In Section 39 of the said Act, after the words "Code of**
Civil Procedure", the figures "1908" shall be inserted.
[Vide Bihar Act 12 of 1960, s. 8]
**40. Application of Act to State Courts of Small Causes.—(1) This section and sections 15,**
32, 37, 38 and 39 apply to Courts of Small Causes constituted under the Provincial Small Cause
Courts Act, 1887 (9 of 1887).
(2) Save as provided by that Act, the other sections of this Act do not apply to those
Courts.
_________
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|
23-Sep-1887 | 17 | The Punjab Land-Revenue Act, 1887 | https://www.indiacode.nic.in/bitstream/123456789/19229/1/A1887-17.pdf | central | # SECTIONS.
THE PUNJAB LAND-REVENUE ACT, 1887
________
ARRANGEMENT OF SECTIONS.
________
CHAPTER I
PRELIMINARY
1. Title, extent and commencement.
2. Repeal.
3. Definitions.
4. Exclusion of certain land from operation of Act.
5. Power to vary limits and alter number of tahsils, districts and divisions.
CHAPTER II.
REVENUE-OFFICERS.
_Classes and Powers._
6. Classes of Revenue-officers.
7. Financial Commissioner.
8. Appointment of Commissioners, and Deputy, Assistant and Extra Assistant Commissioners.
9. Appointment of Tahsildars and Naib-tahsildars.
10.Powers of Revenue-officers.
_Administrative Control._
11.Superintendence and control of Revenue-officers.
12.Power to distribute business and withdraw and transfer cases.
_Appeal, Review and Revision._
13.Appeals.
14.Limitation for appeals.
15.Review by Revenue-officers.
16.Power to call for, examine and revise proceedings of Revenue-officers.
_Procedure._
17.Power to make rules as to procedure.
18.Persons by whom appearances and applications may be made before and to Revenue-officers.
19.Power of Revenue-officer to summon persons.
20.Mode of service of summons.
21.Mode of service of notice, order or proclamation or copy thereof.
22.Mode of making proclamation.
1
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# SECTIONS.
23.Place of sitting.
24.Holidays.
_Supplemental Provisions._
25.Discharge of duties of Collector dying or being disabled.
26.Retention of powers by Revenue-officers on transfer.
27.Conferment of powers of Revenue-officers .
CHAPTER III.
KANUNGOS, ZAILDARS, INAMDARS AND VILLAGE-oFFICERS.
28.Rules respecting kanungos, zaildars, inamdars and village-officers.
29.Village-officers’ cess.
30. Restriction on attachment or assignment of remuneration of kanungos, Zaildars, Inamdar’s and
village-officers.
CHAPTER IV
RECORDS.
31.Record-of-rights and documents included therein.
32.Making or special revision of record-of-rights.
33.Annual record.
_Procedure for making Records._
34.Making of that part of the annual record which relates to land-owners, assignees of
revenue and occupancy, tenants.
35.Making of that part of the annual record which relates to other persons.
36.Determination of disputes.
37.Restrictions on variation of entries in records.
38.Mutation-fees.
39.Penalty for neglect to report acquisition of any right referred to in section 34.
40.Obligation to furnish information necessary for the preparation of records.
_Rights of the Government and presumptions with respect thereto and to other matters._
41.Rights of the Government in mines and minerals.
42.Presumption as to ownership of forests, quarries and waste-lands.
43.Compensation for infringement of rights of third parties in exercise of a right of the Government.
44.Presumption in favour of entries in records-of-rights and annual records.
45.Suit for declaratory decree by person aggrieved by an entry in a record.
_Supplemental Provisions._
46.Power to make rules respecting records and other matters connected therewith.
47.Record-of-rights and annual records for groups of estates.
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# SECTIONS.
48.Assessment of land-revenue.
CHAPTER V.
ASSESSMENT.
49.Notification of intended re-assessment and instructions, as to principles of assessment.
50.Mode of determining assessment.
51.Announcement of assessment.
52.Application for re-consideration of assessment.
53.Confirmation and duration of assessment.
54.Assessment to remain in force till new assessment takes effect.
55.Refusal to be liable for assessment and consequence thereof.
56.Distribution of the assessment of an estate over the holdings comprised therein.
57.Application for amendment of the distribution of an assessment.
58.Appeals from orders under sections 52 and 57.
_Special Assessments._
59.Special assessment.
60.Formation of waste-land into separate estates.
CHAPTER VI.
COLLECTION OF LAND-REVENUE.
61.Security for payment of land-revenue.
62.Further security for payment of land-revenue.
63.Orders to regulate payment of land-revenue.
64.Rules to regulate collection, remission and suspension of land-revenue.
65.Costs recoverable as part of arrear.
66.Certified account to be evidence as to arrear.
67.Processes for recovery of arrears.
68.Writ of demand.
69.Arrest and detention of defaulter.
70.Distress and sale of moveable property and crops.
71.Transfer of holding.
72.Attachment of estate or holding.
73.Annulment of assessment of estate or holding.
74.Proclamation of attachment or annulment of assessment, and consequences of the proclamation.
75.Sale of estate or holding.
76.Effect of sale on encumbrances.
77.Proceedings against other immoveable property of defaulter.
78.Remedies open to person denying his liability for an arrear.
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# SECTIONS.
_Procedure in Sales._
79. Proclamation of sale.
80. Indemnity to Revenue-officer with respect to contents of proclamation.
81. Publication of proclamation.
82. Time and conduct of sale.
83. Power to postpone sale.
84. Stay of sale.
85. Payment of deposit by highest bidder.
86. Consequences of failure to pay deposit.
87. Exercise of right of pre-emption.
88. Time for payment in full.
89. Procedure in default of payment.
90. Report of sale to Commissioner.
91. Application to set aside sale.
92. Order confirming or setting aside sale.
93. Refund of purchase-money on setting aside of sale.
94. Proclamation after postponement or on re-sale.
95. On confirmation of sale, possession and certificate to be granted to purchaser.
96. Proceeds of sale.
CHAPTER VII.
RECOVERY OF OTHER DEMANDS BY REVENUE-OFFICERS.
97. Recovery of certain arrears through Revenue-officer instead of by suit.
98. Other sums recoverable as arrears of land-revenue.
99. Application of Chapter VI to sums recoverable under this Chapter.
CHAPTER VIII.
SURVEYS AND BOUNDARIES.
100. Power of Financial Commissioner to make rules for demarcation of boundaries and erection of
survey-marks.
101. Power of Revenue-officers to define boundaries.
102. Cost of erection and repair of survey-marks.
103. Recovery of cost incurred by the Government.
104. Power of Revenue-offices to enter on land for purposes of survey and demarcation.
105. Surveys for purpose of preparation of records.
106. Provision of flag holders and chainmen for those surveys.
107. Professional surveys.
108. Penalty for destruction, injury or removal of survey-marks.
109. Report of destruction or removal of or injury to survey-marks.
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# SECTIONS.
CHAPTER IX
PARTITION.
110. Effect of partitions of estates and tenancies on joint liability for revenue and rent.
111. Application for partition.
112. Restrictions and limitations on partition.
113. Notice of application for partition.
114. Addition of parties to application.
115. Absolute disallowance of partition.
116. Procedure on admission of application.
117. Disposal of questions as to title in property to be divided.
118. Disposal of other questions.
119. Administration of property excluded from partition.
120. Distribution of revenue and rent after partition.
121. Instrument of partition.
122. Delivery of possessions of property allotted on partition.
123. Affirmation of partition s privately effected.
124. Power to make rules as to costs of partition.
125. Re-distribution of land according to custom.
126. Officer who may be empowered to act under this Chapter.
CHAPTER X.
ARBITRATION.
127. Power to refer to arbitration.
128. Order of reference and contents thereof.
129. Nomination of arbitrators.
130. Substitution of arbitrators by parties.
131. Nomination and substitution of arbitrators by Revenue-officers.
132. Process for appearance before arbitrators.
133. Award of arbitrators and presentation thereof.
134. Procedure on presentation of award.
135. Effect of award.
CHAPTER XI.
SPECIAL JURISDICTION WITH RESPECT TO LAND.
136. Power to invest officers making records-of-rights or general re-assessments with powers of Civil
Courts.
137. Control over such officers and appeals from and revision of their decrees and orders.
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# SECTIONS.
CHAPTER XII.
SUPLEMENTAL PROVISIONS.
_Revenue Deposits._
138. Power to deposit certain sums other than rent.
139. Procedure in case of deposit on account of a payment due to Government.
140. Procedure in case of other deposits.
_Execution of Orders of Civil and Criminal Courts by Revenue-officers._
141. Orders of Civil and Criminal Courts for execution of processes against land or the produce
thereof to be addressed to a Revenue-officer.
142. Attachment of assigned land-revenue.
_Preservation of attached Produce._
143. Preservation of attached produce.
_Division of Produce._
144. Division of produce.
_Miscellaneous._
145. Village cesses.
146. Superior land-owners’ dues.
147. Substitution of service for payment of land-revenue.
148. Recovery of cost of assessing assigned land-revenue.
149. Penalty for failure to attend within limits of estate in obedience to order of Revenue-officers.
150. Prevention of encroachment on common lands.
151. Papers kept by village-officers to be deemed public documents.
152. Costs.
153. Computation of periods limited for appeals and applications for review.
154. Restriction on Revenue-officers bidding at auctions or trading.
155. Power to make rules.
156. Rules to be made after previous publication.
157. Powers exerciseable by the Financial Commissioner from time to time.
_Exclusion of Jurisdiction of Civil Courts._
158. Exclusion of jurisdiction of Civil Courts, in matters within the jurisdiction of Revenue-officers.
THE SCHEDULE.
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THE PUNJAB LAND-REVENUE ACT, 1887
__________
ACT NO. XVII OF 1887
PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
(Received the assent of the Governor General on the 23[rd] September, 1887.)
__________
# An Act to amend and declare the Land-revenue Law of the Punjab.
WHEREAS it is expedient to amend and declare the law in force in the Punjab with respect to the making
and maintenance of records-of-rights in land, the assessment and collection of land-revenue, and other
matters relating to land and the liabilities incident thereto; It is hereby enacted as follows:—
CHAPTER I.
PRELIMINARY.
**1. Title, extent and commencement.—(1) This Act may be called the Punjab Land-revenue**
Act, 1887.
(2) It extends to the territories for the time being administered by the Lieutenant-Governor of the
Punjab, including the pargana of Spiti, but not so as to affect, otherwise than as expressly provided by this
Act, any Regulation in force under the provisions of the Statute 33 Victoria, chapter 3, section 1, in any
portion of those territories; and
(3) It shall come into force on such day as the Local Government, with the previous sanction of the
Governor General in Council, may by notification appoint in this behalf.
(4) Any power conferred by this Act on the Financial Commissioner to make rules, and on the Local
Government to sanction them, may be exercised at any time after the passing of this Ad, but a rule so
made shall not take effect till the commencement of this Act.
**2. Repeal.—(1) The enactments mentioned in the schedule are repealed to the extent specified in the**
third column thereof.
(2) But all rules, appointments, assessments and transfers made, notifications and proclamations
issued, authorities and powers conferred, farms and leases granted, records-of-rights and other records
framed, revised or confirmed, rights acquired, liabilities incurred, times and places appointed and other
things done under any of the repealed enactments shall, so far as may be, be deemed to have been
respectively made, issued, conferred, granted, framed, revised, confirmed, acquired, incurred, appointed
and done under this Act.
(3) Any enactment or document referring to any enactment hereby repealed shall be construed as
referring to this Act.
**3. Definitions.—In this Act, unless there is something repugnant in the subject or context,—**
(1) “estate” means any area—
(a) for which a separate record-of-right has been made; or
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(b) which has been separately assessed to land-revenue, or would have been so assessed if the
land-revenue had not been released, compounded for or redeemed; or
(c) which the Local Government may, by general rule or special order, declare to be an estate:
(2) “landowner” does not include a tenant or an assignee of land-revenue, but does include a person to
whom a holding has been transferred, or an estate or holding has been let in farm, under this Act for the
recovery of an arrear of land-revenue or of a sum recoverable as such an arrear, under every other person
not here in before in this clause mentioned who is in possession of an estate or any share or portion
thereof, or in the enjoyment of any part of the profits of an estate:
(3) “holding” means a share or portion of an estate held by one landowner or jointly by two or more
landowners :
(4) “rent”, “tenant”, “landlord” and “tenancy” have the meanings respectively assigned to those words
in the Punjab tenancy Act, 1887 (XVI of 1877) :
(5) “pay”, with its grammatical variations and cognate expressions, includes, when used with reference
to rent, “deliver" and "render”, with their grammatical variations and cognate expressions:
(6) “land-revenue” includes assigned land-revenue and any sum payable in respect of land, by way of
quit-rent or of commutation for service, to the Government or to a person to whom the Government has
assigned the right to receive the payment:
(7) “arrear of land-revenue” means land-revenue which remains unpaid after the date on which it
becomes payable:
(8) “defaulter” means a person liable for an arrear of land-revenue, and includes a person who is
responsible as surety for the payment of the arrear:
(9) “rates and cesses” means rates and cesses which are primarily payable by landowners, and
includes—
(a) the local rate, if any, payable under the Punjab Local Rates Act, 1878 (V of 1878);
_(b) the local rate, if any, payable under the Punjab District Boards Act, 1883 (XX of 1883), and any_
fee leviable under section 33 of that Act from landowners for the use of or benefits derived from such
works as are referred to in section 20, clauses (i) and (j), of that Act;
(c) any annual rate chargeable on owners of lands under section 59 of the Northern India Canal and
Drainage Act, 1873 (VIII of 1873);
(d) the zaildari and village-officers’ cesses; and
(e) sums payable on account of village-expenses:
(10) “village-cess” includes any cess, contribution or due which is customarily leviable within an
estate and is neither a payment for the use of private property or for personal service nor imposed by or
under any enactment for the time being in force:
(11) “village-officer” means a chief-headman, headman or patwari:
(12) “Revenue-officer”, in any provision of this Act, means a Revenue, officer having authority under
this Act to discharge the functions of a Revenue-officer under that provision:
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(13) “legal practitioner” means any legal practitioner with in the meaning of the Legal Practitioners
Act, 1879 (XVIII of 1879), except a mukhtar:
(14) “agricultural year” means the year commencing on the sixteenth day of June, or on such other
date as the Local Government may by notification appoint for any local area:
(15) “notification” means a notification published by authority of the Local Government in the official
Gazette:
(16) “incumbrance” means a charge upon or claim against land arising out of a private grant or
contract: and
(17) “survey-mark” includes boundary-mark.
**4. Exclusion of certain land from operation of Act.—(1) Except so far as may be necessary for the**
record, recovery and administration of viIlage-cesses, nothing in this Act applies to land which is
occupied as the site of a town or village and is not assessed to land-revenue.
(2) A Revenue-officer may define for the purposes of this Act the limits of any such land.
**5. Power to vary limits and alter number of tahsils, districts and divisions.—The 1ocal**
Government may by notification vary the limits of the tahsils, districts and divisions into which the
territories administered by it are divided, and may by notification alter the number of those tahsils and,
with the previous sanction of the Governor General in Council, the number of those districts and
divisions.
CHAPTER II.
REVENUE-OFFICERS.
_Classes and Powers._
**6. Classes of Revenue-officers.— (1) There shall be the following classes of Revenue-officers,**
namely—
(a) the Financial Commissioner;
_(b) the Commissioner;_
(c) the Collector;
(d) the Assistant Collector of the first grade; and
(e) the Assistant Collector of the second grade.
(2) The Deputy Commissioner of a district shall be the Collector thereof.
(3) The Local Government may appoint any Assistant Commissioner, Extra Assistant Commissioner
or Tahsildar to be an Assistant Collector of the first or of the second grade, as it thinks fit, and any
Naib-tahsildar to be an Assistant Collector of the second grade.
(4) Appointments under sub-section (3) shall be by notification, and may be of a person specially by
name or by virtue of his office or of more persons than one by any description sufficient for their
identification.
(5) Subject to the provisions or this Act the jurisdiction of the Commissioner extends to the whole of
the territories for the time being administered by the Lieutenant-Governor of the Punjab, and of
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Commissioners and of Collectors and Assistant Collectors to the divisions and districts respectively in
which they are for the time being employed.
**7. Financial Commissioner.—(1) There shall he one or more Financial Commissioners, who shall be**
appointed, and may be removed, by the Local Government with the previous sanction of the Governor
General in Council.
(2) Where more Financial Commissioners than one have been appointed, the Local Government may
make rules as to the distribution among them of business under this or any other Act, and by those rules
require any case or class or classes of cases to be considered and disposed of by the Financial
Commissioners collectively.
(3) When there is a difference of opinion among the Financial Commissioners as to any decree or
order to be made in a case which they are required by rules under the last foregoing sub-section to
consider and dispose of collectively, the following rules shall apply, namely:—
_(a)_ where the case is an appeal or a case on review or revision, it shall be decided
in accordance with the opinion or the majority of the Financial Commissioners, or, if there is no such
majority which concurs in a decision modifying or reversing the decree or order under appeal, review
or revision, that decree or order shall be affirmed: and
_(b)_ where the case is not an appeal or a case on review or revision, the matter respecting which
there is the difference of opinion shall be referred to the Local Government for decision, and the
decision of that Government with respect thereto shall be final.
(4) The expression “Financial Commissioner” in this or any other Act shall, when there are more
Financial Commissioners than one, be construed as meaning one or more of the Financial
Commissioners as the rules for the time being in force under sub-section (2) may require.
(5) The second Financial Commissioner appointed under section 52 of the Punjab Courts Act, 1884
(XVIII of 1884), shall be deemed to have had jurisdiction on and after the first Day of November, 1884,
to make any decree or order or dispose of any other business which might have been made or disposed of
by the other Financial Commissioner.
**8. Appointment of Commissioners, and of Deputy, Assistant and Extra Assistant**
**Commissioners.—Commissioners, Deputy Commissioners, Assistant Commissioners and Extra**
Assistant Commissioners shall be appointed and may be removed by the Local Government.
**9. Appointment of Tahsildars and Naib-tahsildars.—The Local Government shall fix the number of**
Tahsildars and Naib-tahsildars to be appointed, and the Financial Commissioner may make rules for their
appointment and removal.
**10. Powers of Revenue-officers.—Except where the class of the Revenue-officer by whom any**
function is to be discharged is specified in this Act, the Local Government may by notification determine
the functions to be discharged under this Act by any class of Revenue-officers.
_Administrative Control._
**11. Superintendence and control of Revenue-officers.—(1) The Financial Commissioner shall be**
subject to the control of the Local Government.
(2) The general superintendence and control over all other Revenue-officers shall be vested in, and all
such officers shall be subordinate to, the Financial Commissioner.
(3) Subject to the general superintendence and control of the Financial Commissioner, a
Commissioner shall control all other Revenue-officers in his division.
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(4) Subject as aforesaid and to the control of the Commissioner, a Collector shall control all other
Revenue-officers in his district.
**12. Power to distribute business and withdraw and transfer cases.—(1) The Financial**
Commissioner or a Commissioner or Collector may by written order distribute, in such manner as he
thinks fit, any business cognizable by any Revenue-officer under his control.
(2) The Financial Commissioner or a Commissioner or Collector may withdraw any case pending
before any Revenue-officer under his control, and either dispose of it himself, or by written order refer it
for disposal to any other Revenue-officer under his control.
(3) An order under sub-section (1) or sub-section (2) shall not empower any officer to exercise any
powers or deal with any business which he would not be competent to exercise or deal with within the
local limits of his own jurisdiction.
_Appeal, Review and Revision._
**13. Appeals.—Save as otherwise provided by this Act, an appeal shall lie form an original or appellate**
order of a Revenue-officer as follows, namely :—
(a) to the Collector when the order is made by an Assistant Collector of either grade;
(b) to the Commissioner when the order is made by a Collector;
(c) to the Financial Commissioner when the order is made by a Commissioner.
Provided that—
(i) when an original order is confirmed on first appeal, a further appeal shall not lie;
(ii) when any such order is modified or reversed on appeal by the Collector, the order made by the
Commissioner on further appeal, if any, to him shall be final.
**14. Limitation for appeals.—Save as otherwise provided by this Act, the period of limitation for an**
appeal under the last foregoing section shall run from the date of the order appealed against, and shall be
as follows, that is to say:
_(a) When the appeal lies to the Collector—thirty days._
_(b) when the appeal lies to the Commissioner—sixty days;_
_(c) when the appeal lies to the Financial Commissioner—ninety days._
**15. Review by Revenue officers.—(1) A Revenue-officer may, either of his own motion or on the**
application of any party interested, review, and on so reviewing modify, reverse or confirm, any order
passed by himself or by any of his predecessors in office:
Provided as follows:—
(a) when a Commissioner or Collector thinks it necessary to review any order which he has not
himself passed, and when a Revenue-officer of a class below that of Collector proposes to review any
order, whether passed by himself or by any of his predecessors in office, he shall first obtain the
sanction of the Revenue-officer to whose control he is immediately subject;
(b) an application for review of an order shall not be entertained unless it is made within ninety
days from the passing of the order, or unless the applicant satisfies the Revenue-officer that he had
sufficient cause for not making the application within that period;
(c) an order shall not be modified or reversed unless reasonable notice has been given to the parties
affected thereby to appear and be heard in support of the order;
(d) an order against which an appeal has been preferred shall not be reviewed.
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(2) For the purposes of this section, the Collector shall be deemed to be the successor in office of any
Revenue-officer of a lower class who has left the district or has ceased to exercise powers as a
Revenue-officer and to whom there is no successor in office.
(3) An appeal shall not lie from an order refusing to review or confirming on review a previous order.
**16. Power to call for, examine and revise proceedings of Revenue-officer.—(1) The Financial**
Commissioner may at any time call for the record of any case pending before, or disposed of by, any
Revenue-officer subordinate to him.
(2) A Commissioner or Collector may call for the record of any case pending before, or disposed of
by, any Revenue-officer under his control.
(3) If in any case in which a Commissioner or Collector has called for a record he is of opinion that the
proceedings taken or order made should be modified or reversed, he shall report the case with his opinion
thereon for the orders of the Financial Commissioner.
(4) The Financial Commissioner may in any case called for by himself under sub section (1) or
reported to him under sub-section (3) pass such order as he thinks fit:
Provided that he shall not under this section pass an order reversing or modifying any proceeding or
order subordinate Revenue officer and affecting any question of right between private persons without
giving those persons an opportunity of being heard.
_Procedure._
**17. Power to make Rules as to procedure.—(1) the Local Government may make rules consistent**
with this Act for regulating the procedure of Revenue-officers under this Act in cases in which a
procedure is not prescribed by this Act.
(2) The rules may provide, among other matters, for the mode of enforcing orders of ejectment from,
and delivery of possession of, immovable property, and rules providing for those matters may confer on a
Revenue-officer all or any of the powers in regard to contempts, resistance and the like which a Civil
Court may exercise in the execution of' a decree whereby it has adjudged ejectment from, or delivery of
possession of, such property.
(3) Subject to the rules under this section, a Revenue-officer may refer any case which he is
empowered to dispose of under this Act to another Revenue-officer for investigation and report, and may
decide the case upon the report.
**18. Persons by whom appearances and applications may be made before and to Revenue-**
**officers.—(1) Appearances before a Revenue-officer, and applications to and acts to be done before him,**
under this Act may be made or done—
(a) by the parties themselves, or
(b) by their recognized agents or a legal practitioner:
Provided that the employment of a recognized agent or legal practitioner shall not excuse the personal
attendance of a party to any proceeding in any case in which personal attendance is specially required by
an order of the officer.
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(2) For the purposes of sub-section (1), recognized agents shall be such persons as the Local
Government may by notification declare in this behalf.
(3) The fees of a legal practitioner shall not be allowed as costs in any proceeding before a
Revenue-officer under this Act unless that officer considers, for reasons to be recorded by him in writing,
that the fees should be allowed.
**19. Power of Revenue-officer to summon persons.—(1) A Revenue-officer may summon any**
person whose attendance he considers necessary for the purpose of any business before him as a
Revenue-officer.
(2) A person so summoned shall be bound to appear at the time and place mentioned in the summons
in person or, if the summons so allows, by his recognized agent or a legal practitioner.
(3) The person attending in obedience to the summons shall be bound to state the truth upon any
matter respecting which he is examined or makes statements, and to produce such documents and other
things relating to any such matter as the Revenue-officer may require.
**20. Mode of service of summons.—(1) A summons issued by a Revenue-officer shall, if practicable,**
be served (a) personally on the person to whom it is addressed, or failing him on (b) his recognized agent
or (c) an adult male member of his family usually residing with him.
(2) If service cannot be so made, or if acceptance of service so be made is refused, the summons may
be served by positing a copy thereof at the usual or last known place of residence of the person to whom it
is addressed, or, if that person does not reside in the district in which the Revenue-officer is employed and
the case to which the summons relates has reference to land in that district, then by posting a copy of the
summons on some conspicuous place in or near the estate wherein the land is situate.
(3) If the summons relates to a case in which persons having the same interest are so numerous that
personal service on all of them is not reasonably practicable, it may, if the Revenue-officer so directs, be
served by delivery of a copy thereof to such of those persons as the Revenue-officer nominates in this
behalf and by proclamation of the contents thereof for the information of the other persons interested.
(4) A summons may, if the Revenue-officer so directs, be served on the person named therein, either
in addition to, or in substitution for, any other mode of service, by forwarding the summons by post in a
letter addressed to the person and registered under Part III of the Indian Post Office Act, 1866 (XIV of
1866).
(5) When a summons is so forwarded in a letter and it is proved that the letter was properly addressed
and duly posted and registered, the Revenue-officer may presume that the summons was served at the
time when the letter would be delivered in the ordinary course of post.
**21. Mode of service of notice, order or proclamation or copy thereof.—A notice, order or**
proclamation, or copy of any such document, issued by a Revenue-officer for service of any person shall
be served in the manner provided in the last foregoing section for the service of a summons.
**22. Mode of making proclamation.—When a proclamation relating to any land is issued by a**
Revenue-officer, it shall, in addition to any other mode of publication which may be prescribed in any
provision of this Act, be made by beat of drum or other customary method, and by the posting of a copy
thereof on a conspicuous place in or near the land to which it relates.
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_Supplemental Provisions._
**23. Place of sitting.—(1) An Assistant Collector may exercise his powers under this Act at any place**
within the limits of the district in which he is employed.
(2) Any other Revenue-officer may only exercise his powers under this Act within the local limits of
his jurisdiction.
**24. Holidays.—(1) The Financial Commissioner, with the approval of the Local Government, shall**
publish in the local official Gazette before the commencement of each calendar year a list of days to be
observed in that year as holidays by all or any Revenue-officers.
(2) A proceeding had before a Revenue-officer on a day specified in the list as a day to be observed by
him as a holiday shall not be invalid by reason only of its having been had on that day.
**25. Discharge of duties of Collector dying or being disabled.—When a Collector dies or is disabled**
from performing his duties, the officer who succeeds temporarily to the chief executive administration of
the district under any order which may be generally or specially issued by the Local Government in this
behalf shall be deemed to be a Collector under this Act.
**26. Retention of powers by Revenue-officer on transfer.—When a Revenue-officer of any class**
who has been invested under the foregoing provisions of this Act with any powers to be exercised in any
local area is transferred from that local area to another as a Revenue-officer of the same or a higher class,
he shall continue to exercise those powers in that other local area unless the Local Government otherwise
directs or has otherwise directed.
**27. Conferment of powers of Revenue-officer.—(1) The Local Government may by notification**
confer on any person—
(a) all or any of the powers of a Financial Commissioner, Commissioner or Collector under this
Act, or
(b) all or any of the powers with which an Assistant Collector may be invested thereunder
and may by notification withdraw any powers so conferred.
(2) A person on whom powers are conferred under sub-section (1) shall exercise those powers within
such local limits and in such classes of cases as the Local Government may direct, and, except as
otherwise directed by the local Government, shall for all purposes connected with the exercise thereof be
deemed to be a Financial Commissioner, Commissioner, Collector or Assistant Collector, as the case
may be.
(3) If any of the powers of a Collector under this Act are conferred on an Assistant Collector, they
shall, unless the Local Government by special order otherwise directs, be exercised by him subject to the
control of the Collector.
CHAPTER III.
KANUNGOS, ZAILDARS, INAMDARS AND VILLAGE-OFFICERS.
**28. Rules respecting Kanungos, zaildars, inamdars and village-officers.—(1) The Financial**
Commissioner may make rules to regulate the appointment, duties, emoluments, punishment, suspension
and removal of Kanungos, Zaildars, inamdars and village-officers.
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(2) Rules under sub-section (1) may direct that the emoluments of a zaildar, inamdar or village-officer
shall be such a percentage payable out of the land-revenue as may be prescribed by the rules, and that,
where the land-revenue has been released, compounded for or redeemed, the percentage shall be a charge
payable by the person who would be liable for the land-revenue if it had not been released compounded
for or redeemed.
**29. Village-officers’ cess.—(1) The Local Government may by notification impose on any estates, or**
on all or any local area, a cess, to be called the village-officers’ cess, at a rate not exceeding one anna for
every rupee of the annual value, for remunerating village-officers and for defraying other expenditure
directly connected with the supervision of those officers or with the performance of their duties.
(2) “Annual value” in the last foregoing sub-section has the meaning assigned to that expression in the
Punjab District Board Act, 1883 (XX of 1883).
(3) The Financial Commissioner may make rule for the collection, control and expenditure of the
village-officers’ cess.
(4) All cesses now levied in any local area for the purposes mentioned in sub-section (1) shall be
deemed to have been lawfully imposed and shall, until the village-officers’ cess is imposed in that local
area under that sub-section, be deemed to be lawfully leviable and, for the purposes of this section, to be
that cess.
**30. Restriction on attachment or assignment of remuneration of kanungos, Zaildars, inamdars**
**and village-officers.—(1) The emoluments of a Kanungo, Zaildar, inamdar or village-officers shall not**
be liable to attachment in execution of a decree or order of any Civil or Revenue Court.
(2) An assignment of or charge on, or an agreement to assign or charge, any such emoluments shall be
void unless it is authorized by rules made by the Financial Commissioner in this behalf.
CHAPTER IV.
RECORDS.
_Records-of-rights and Annual Records._
**31. Record-of-rights and documents included therein.—(1) Save as otherwise provided by this**
Chapter, there shall be record-of-rights for each estate.
(2) The record-of-rights for an estate shall include the following documents, namely:—
(a) statements showing, so far as may be practicable:—
(i) the persons who are landowners, tenants or assignees of land-revenue in the estate, or who
are entitled to receive any of the rents, profits or produce of the estate or to occupy land therein;
(ii) the nature and extent of the interests of those persons, and the conditions and liabilities
attaching thereto; and
(iii) the rent, land-revenue, rates, cesses or other payments due from and to each of those
persons and to the Government ;
(b) a statement of customs respecting rights and liabilities in the estate;
(c) a map of the estate; and
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(d) such other documents as the Financial Commissioner may, with the pervious sanction of the
Local Government, prescribe.
**32. Making or special revision of record-of-rights.—(1) When it appears to the Local Government**
that a record-of-rights for an estate does not exist, or that the existing record-of-rights for an estate
requires special revision, the Local Government may by notification direct that a record-of-rights be made
or that the record-of-rights be specially revised, as the case may be.
(2) The notification may direct that records-of-rights shall be made or specially revised for all or any
estates in any local area.
(3) A record-of-rights made or specially revised for an estate under this section shall be deemed to be
the record-of-rights for the estate, but shall not affect any presumption in favour of the Government which
has already arisen from any previous record-of-rights.
**33. Annual Records.—(1) The Collector shall cause to be prepared by the patwari of each estate**
yearly, or at such other intervals as the Financial Commissioner may prescribe, an edition of the
record-of-rights amended in accordance with the provisions of this Chapter.
(2) This edition of the record-of-rights shall be called the annual record for the estate, and shall
comprise the statements mentioned in sub-section (2), clause (a), of section 31 and such other documents,
if any, as the Financial Commissioner may, with the previous sanction of the Local Government,
prescribe.
(3) For the purposes of the preparation of the annual record, the Collector shall cause to be kept up by
the patwari of each estate a register of mutations and such other registers as the Financial Commissioner
may prescribe.
_Procedure for making Records._
**34. Making of that part of the annual record which relates to land-owners, assignees of revenue**
**and occupancy-tenants.—(1) Any person acquiring, by inheritance, purchase, mortgage, gift or**
otherwise, any right in an estate as a landowner, assignee of land-revenue or tenant having a right of
occupancy, shall report his acquisition of the right to the patwari of the estate.
(2) If the person acquiring the right is a minor or otherwise disqualified, his guardian or other person
having charge of his property shall make the report to the patwari.
_(3) The patwari shall enter in his register of mutations every report made to him under sub-section (1)_
or sub-section (2), and shall also make an entry therein respecting the acquisition of any such right as
aforesaid which he has reason to believe to have taken place, and of which a report should have been
made to him under one or other of those sub-sections and has not been so made.
(4) A Revenue-officer shall from time to time inquire into the correctness of all entries in the register
of mutations and into all such acquisitions as aforesaid coming to his knowledge of which, under the
foregoing sub-sections, report should have been made to the patwari and entry made in that register, and
shall in each case make such order as he thinks fit with respect to the entry in the annual record of the
right acquired.
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(5) Such an entry shall be made by the insertion in that record of a description of the right acquired
and by the omission from that record of any entry in any record previously prepared which by reason of
the acquisition has ceased to be correct.
**35. Making of that part of the annual record which relates to other persons.—The acquisition of**
any interest in land other than a right refered to in sub-section (1) of the last foregoing section shall,—
(a) if it is undisputed, be recorded by the patwari in such manner as the Financial Commissioner
may by rules, in this behalf prescribe; and,
(b) if it is disputed, be entered by the patwari in the register of mutations and dealt with in the
manner prescribed in sub-sections (4) and (5) of the last foregoing section.
**36. Determination of disputes.—(1) If during the making, revision or preparation of any record or in**
the course of any inquiry under this Chapter a dispute arises as to any matter of which an entry is to be
made in a record or in a register of mutations, a Revenue-officer may of his own motion, or on the
application of any party interested, but subject to the provisions of the next following section, and after
such inquiry as he thinks fit, determine the entry to be made as to that matter.
(2) If any such dispute the Revenue-officer is unable to satisfy himself as to which of the parties
thereto is in possession of any property to which the dispute relates, he shall ascertain by summary
inquiry who is the person best entitled to the property, and shall by order direct that that person be put in
possession thereof, and that an entry in accordance with that order be made in the record or register.
(3) A direction of a Revenue-officer under sub-section (2) shall be subject to any decree or order
which may be subsequently passed by any Court of competent jurisdiction.
**37. Restrictions on variations of entries in records.—Entries in records-of-rights or in annual**
records, except entries made in annual records by Patwaris under clause (a) of section 35 with respect to
undisputed acquisitions of interest referred to in that section, shall not be varied in subsequent records
otherwise than by—
(a) making entries in accordance with facts proved or admitted to have occurred;
(b) making such entries as are agreed to by all the parties interested therein or are supported by a
decree or order binding on those parties;
(c) making new maps where it is necessary to make them.
**38 Mutation fees.—(1) The Local Government may fix a scale of fees for all or any classes of entries**
in any record or register under this Chapter and for copies of any such entries.
(2) A fee in respect of any entry shall be payable by the person in whose favour the entry is made.
**39. Penalty for neglect to report acquisition of any right referred to in section.—Any person**
neglecting to make the report required by section 34 within three months from the date of his acquisition
of a right referred to in that section shall be liable, at the discretion of the Collector, to a fine not
exceeding five times the amount of the fee which would have been payable according to the scale fixed
under the last foregoing section if the acquisition of the right had been reported immediately after its
accrual.
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**40. Obligation to publish information necessary for the preparation of records.—Any person**
whose rights, interests or liabilities are required to be entered in any record under this Chapter shall be
bound to furnish, on the requisition of any Revenue-officer or village-officer engaged in compiling the
record, all information necessary for the correct compilation thereof.
_Rights of the Government and presumptions with respect thereto and to other matters._
**41. Right of the Government in mines and minerals.—All mines of metal and coal, and all earth-oil**
and gold washing shall be deemed to be the property of the Government for the purposes of the State and
the State Government shall have all powers necessary for the proper enjoyment of the Government’s right
thereto.
**42 Presumption as to ownership of forests, quarries and waste-lands.—(1) When in any record-of-**
rights completed before the eighteenth day of November, 1871, it is not expressly provided that any
forest, quarry, unclaimed, unoccupied, deserted or wasteland, spontaneous produce or other accessory
interest in land belongs to the landowners, it shall be presumed to belong to the Government.
(2) When in any record-of-rights completed after the date it is not expressly provided that any forest or
quarry or any such land or interest belongs to the Government, it shall be presumed to belong to the
landowners.
(3) The presumption created by sub-section (1) may be rebutted by showing—
(a) from the records or report made by the assessing officer at the time of assessment, or
(b) if the record or report is silent, then from a comparison between the assessment of villages in
which there existed, and the assessment of villages of similar character in which there did not exist,
any forest or quarry, or any such land or interest, that the forest, quarry, land or interest was taken into
account in the assessment of the land-revenue.
(4) Until the presumption is so rebutted, the forest, quarry, land or interest shall be held to belong to
the Government.
**43. Compensation for infringement of rights of third parties in exercise of a right of the**
**Government.—(1) Whenever, in the exercise of any right of the Government referred to in either of the**
two last foregoing sections, the rights of any person are infringed by the occupation or disturbance of the
surface of any land, the Government shall pay, or cause to be paid, to that person compensation for the
infringement.
(2) The compensation shall be determined as nearly as may be in accordance with the provisions of the
Land Acquisition Act, 1870 (X of 1870).
**44. Presumption in favour of entries in Records-of-rights and annual records.—An entry made in**
a record-of-rights in accordance with the law for the time being in force, or in an annual record in
accordance with the provisions of this Chapter and the rules thereunder, shall be presumed to be true until
the contrary is proved or a new entry is lawfully substituted therefor.
**45. Suit for declaratory decree by persons, aggrieved by an entry in a record.—If any person**
considers himself aggrieved as to any right of which he is in the possession by an entry in a
record-of-rights or in an annual record, he may institute a suit for a declaration of his right under Chapter
VI of the Specific Relief Act, 1877 (I of 1877).
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_Supplemental Provisions._
**46. Power to make rules respecting records and other matters connected therewith.—The**
Financial Commissioner may make rules.—
(a) prescribing the language in which records and registers under this Chapter are to be made;
(b) prescribing the form of those records and registers, and the manner in which they are to be
prepared, signed and attested;
(c) for the survey of land so far as may be necessary for the preparation and correction of those
records and registers;
(d) for the conduct of inquiries by Revenue-officers under this Chapter; and
(e) generally for the guidance of Revenue-officers and village-officers in matters pertaining to
records and registers mentioned or referred to in this Chapter.
**47. Records-of-rights and annual records for groups of estates.—(1) The Financial Commissioner**
may direct that a record-of-rights be made for any group of neighboring estates instead of separately for
each of the estates.
(2) The provisions of this Chapter with respect to a record-of-rights and annual record for and estate
shall then, so far as they can be made applicable, apply to a record-of-rights and annual record for a group
of estates.
________
CHAPTER V.
ASSESSMENT.
**48. Assessment of land revenue.—(1) All land, to whatever purpose applied and wherever situate, is**
liable to the payment of land-revenue to the Government, except such land as has been wholly exempted
from that liability by special contract with the Government or by the provisions of any law for the time
being in force.
(2) Land-revenue may be assessed in cash or in kind, or partly in cash and partly in kind, as the Local
Government may direct.
(3) Land may be assessed to land-revenue notwithstanding that that revenue, by reason of its having
been assigned, released compounded for or redeemed is not payable to the Government.
_General Assessments._
**49. Notification of intended re-assessment and instructions as to principles of assessment.—(1) A**
general re-assessment of the land-revenue of a district or tahsil shall not be undertaken without the
previous sanction of the Governor General in Council and notification of that sanction.
(2) In granting the sanction the Governor General in Council may prescribe such principles of
assessment and give such other instructions as he thinks fit.
**50. Mode of determining assessment.—(1) The assessment shall be made by a Revenue-officer.**
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(2) Before making it that officer shall report his proposed method of assessment for the sanction of the
Financial Commissioner in such form as the Financial Commissioner, with the previous sanction of the
Local Government, may prescribe.
**51. Announcement of assessment.—(1) When the Revenue-officer has obtained the sanction of the**
Financial Commissioner to his proposed method of assessment, he shall make an order determining the
assessment proper for each estate and announce it in such manner as the Local Government may
prescribe.
(2) At the time of Announcing the assessment he shall also declare the date from which it is to take
effect, and, subject to the other provisions of this Act, it shall take effect accordingly.
**52. Application for reconsideration of assessment.—(1) The landowner may, within thirty days**
from the date of the announcement of the assessment, present a petition to the Revenue-officer for a
reconsideration of the amount, form or conditions of the assessment.
(2) Where the land-revenue is assigned, the assignee thereof may within thirty days from that date
present a like petition to the Revenue-officer.
(3) The order passed by the Revenue-officer on the petition shall set forth his reasons for granting or
refusing it.
**53. Confirmation and duration of assessment.—(1) An assessment of the land-revenue of a district**
or tahsil shall not be considered final until it has been confirmed by the Local Government.
(2) At any time before an assessment is so confirmed the Commissioner or Financial Commissioner
may modify the assessment of any estate in the district or tahsil.
(3) The Local Government shall, when confirming an assessment under sub-section (1), fix the period
for which the assessment is to be in force.
**54. Assessment to remain in force till new assessment takes effect.—Notwithstanding the**
expiration of the period fixed for the continuance of an assessment under sub-section (3) of the last
foregoing section, the assessment shall remain in force till a new assessment takes effect.
**55. Refusal to be liable for assessment and consequences thereof.—(1) At any time within ninety**
days from the date of the announcement of an assessment the landowner or, where there are more
landowners than one, any of them who would be individually or collectively liable for more than half the
sum assessed may give notice to the Revenue-officer of refusal to be liable for the assessment.
(2) When the Revenue-officer receives a notice under sub-section (1), the Collector may take
possession of the estate and deal with it, as nearly as may be, as if the annulment of the assessment
thereof had been ordered as a process for the recovery of an arrear of land-revenue due thereon.
(3) While the estate is in the possession of the Collector, the landowner or landowners shall be entitled
to receive from the Government an allowance, to be fixed by the Financial Commissioner, which shall not
be less than five or more than ten per cent. of the net income realized by the Government from the estate.
**56. Distribution of the assessment of an estate over the holdings comprised therein.—(1) If the**
assessment announced under section 51 is in whole or in part a fixed assessment of an estate for a term of
years, the Revenue-officer shall, before the date on which the first installment thereof becomes payable,
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make an order distributing it over the several holdings comprised in the estate and make and publish
a record of the distribution.
(2) The Collector may for sufficient reason make an order revising that record at any time while the
assessment continues to be in force, and publish the record so revised.
(3) If the assessment announced under section 51 is in the form of rates chargeable according to the
results of each year or harvest, a Revenue-officer shall from year to year or from harvest to harvest, as the
conditions of the assessment may require, make and publish, not later than one month before the first
installment of the land-revenue falls due, a record of the amount payable in respect of each holding.
(4) The Financial Commissioner may make rules for the guidance of Revenue-officers in making,
publishing and revising records under this section.
**57. Application for amendment of the distribution of an assessment.—(1) Any person affected by**
a record made under sub-section (1) or sub-section (3) of the last foregoing section, or by the revision of a
record under sub-section (2) of that section, may, within thirty days from the date of the publication of the
record, present a petition to the Revenue-officer for a re-consideration of the record so far as it affects
him.
(2) The order passed by the Revenue-officer on the petition shall set forth reasons for granting or
refusing it.
**58. Appeals from orders under sections 52 and 57.—An appeal from an order under the last**
foregoing section or section 52 shall lie to the Commissioner, and from the appellate order of the
Commissioner to the Financial Commissioner.
_Special Assessments._
**59. Special assessments.—(1) Special assessment may be made by Revenue-officers in the following**
cases, namely
_(a) when estates are formed under the next following section ;_
(b) when lands-revenue which has been released or assigned is resumed ;
(c) when the waste-lands are sold, leased or granted by the Government ;
(d) when the assessment of any land has been annulled or the landowner has refused to be liable
therefor, and the term for which the land was to be managed by the Collector or his agent or let in farm
has expired ;
(e) when assessments of land-revenue require revision in consequence of the action of water or
sand or of calamity of season or from any other cause ;
(f) when revenue due to the Government on account or pasture or other natural products of land, or
on account of mills, fisheries or natural products of water, or on account of other rights described in
section 41 or section 42, has not been included in an assessment made under the foregoing provision
of this Chapter.
(2) The Financial Commissioner may make rules for the guidance of Revenue-officers in making
special assessments, and may confirm such assessments.
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(3) The foregoing provisions of this Chapter with respect to general assessments shall, subject to such
modifications thereof as the Financial Commissioner may prescribe by rules under the last foregoing
sub-section, regulate the procedure of Revenue-officers making special assessments.
**60. Formation of waste-land into separate estate.—(1) When in the opinion of the Collector or of an**
officer making a general re-assessment of land-revenue under the foregoing provisions of this Chapter,
the waste-land belonging to or adjoining an estate is so extensive as to exceed the requirements of the
owners of the estate with reference to pasturage or other useful purpose, the Collector or officer may at
any time, with the previous sanction of the Financial Commissioner, make a separate assessment of the
waste-land which he considers to be so in excess, and offer that land at that assessment, for such term and
on such conditions as he thinks fit, to the owners of the estate to which it belongs, and, if they refuse the
offer, to the owners of any estate which the land adjoins, and, if they also refuse the offer, to any other
person.
(2) When the owners of the estate to which the waste-land belongs refuse the offer, the Collector shall
assign to them an annual allowance not less than five and not more than ten per cent. of the net income
realized by the Government form the land.
CHAPTER VI.
COLLECTION OF LAND-REVENUE.
**61. Security for payment of land-revenue.—(1) In the case of every estate, the entire estate and the**
landowner or, if there are more than one, the landowners jointly or severally shall be liable for the
land-revenue for the time being assessed on the estate :
Provided that—
(a) the Local Government, with the previous sanction of the Governor General in Council, may by
notification declare that in any estate a holding or its owner shall not be liable for any part of the landrevenue for the time being assessed on the estate except that part which is payable in respect of the
holding; and
(b) when there superior and inferior landowners in the same estate, the Financial Commissioner
may by rule, or by special order in each case, determine weather the superior or inferior landowners
shall be liable for the land-revenue, or weather both shall be so liable and, if so, in what proportions.
(2) A notification under proviso (a) to sub-section (1) may have reference to any single estate or to any
class of estates or estates generally in any local area.
**62. Further security for payment of land-revenue.—(1) The land-revenue for the time being**
assessed on an estate or payable in respect of a holding shall be the first charge upon the rents, and
produce thereof.
(2) Without the previous consent of the Collector, the rents, profits or produce of an estate or holding
shall not be liable to be taken in execution of a decree or order of any Court until the land-revenue
chargeable against the rents, profits or produce, and any arrear of land-revenue due in respect of the estate
or holding, have been paid.
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**63. Orders to regulate payment of land-revenue.—(1) Notwithstanding anything in any record-of-**
rights, the Financial Commissioner may fix the number and amount of the installments, and the times,
places and manner, by, at and in which land-revenue is to be paid.
(2) Until the Financial Commissioner otherwise directs, land-revenue shall be payable by the
installments, at the times and places and in the manner by, at and in which it is payable at the
commencement of this Act.
**64. Rules to regulate collection, remission and suspension of land-revenue.—(1) The Financial**
Commissioner may make rules consistent with this Act to regulate the collection, remission and
suspension of land-revenue, and may by those rules determine the circumstances and terms in and on
which assigned land revenue may, be collected by the assignee;
(2) Where land-revenue due to an assignee is collected by a Revenue-officer, there shall be deducted
from the sum collected such a percentage on account of the cost of collection as the Financial
commissioner may by rule in this behalf prescribe.
(3) A suit for an arrear of assigned land-revenue shall not be entertained unless there is annexed to the
plaint at the time of the presentation thereof a document under the hand of the Collector specially
authorizing the institution of the suit.
**65. Costs recoverable as part of arrear.—The costs of any process issued under this Chapter shall be**
recoverable as part of the arrear of land-revenue in respect of which the process was issued.
**66. Certified account to be evidence as to arrear.—A statement of account certified by a Revenue-**
officer shall be conclusive proof of the existence of an arrear of land-revenue, of its amount and of the
person who is the defaulter.
**67. Processes for recovery of arrears.—Subject to the other provisions of this Act, an arrear of**
land-revenue may be recovered by any one or more of the following processes, namely: —
(a) by service of writ of demand on the defaulter;
(b) by arrest and detention of his person;
(c) by distress and sale of his movable property and uncut or ungathered crops;
(d) by transfer of the holding in respect of which the arrear is due;
(e) by attachment of the estate or holding in respect of which the arrear is due;
(f) by annulment of the assessment of that estate or holding;
(g) by sale of that estate or holding;
(h) by proceeding against other immovable property of the defaulter.
**68. Writ of demand.—A writ of demand may be issued by a Revenue-officer on or after the day**
following that on which an arrear of land-revenue accrues.
**69. Arrest and detention of defaulter.—(1) At any time after an arrear of land-revenue has accrued a**
Revenue-officer may issue a warrant directing an officer named therein to arrest the defaulter and bring
him before the Revenue-officer.
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(2) When the defaulter is brought before the Revenue-officer, the Revenue-officer may cause him to
be taken before the Collector, or may keep him under personal restraint for a period not exceeding ten
days and then, if the arrear is still unpaid, cause him to be taken before the Collector.
(3) When the defaulter is brought before the Collector, the Collector may issue an order to the officer
in charge of the civil jail of the district, directing him to confine the defaulter in the jail for such period,
not exceeding one month from the date of the order, as the Collector thinks fit.
(4) The process of arrest and detention shall not be executed against a defaulter who is a female,
a minor, a lunatic or idiot.
**70. Distress and sale of moveable property and crops.—(1) At any time after an arrear of**
land-revenue has accrued, the moveable property and uncut or un-gathered crops of the defaulter may be
distrained and sold by order of a Revenue-officer.
(2) The distress and same shall be conducted, as nearly as may be, in accordance with the law for the
time being enforced for the attachment and sale of moveable property under the decree of a Revenue
Court constituted under the Punjab Tenancy Act, 1887 (XVI of 1887):
Provided that, in addition to the particulars exempted by that law from liability to sale, so much of the
produce of the land of the defaulter as the Collector things necessary for seed-grain and for the
subsistence, until the harvest next following, of the defaulter and his family, and of any cattle exempted
by that law, shall be exempted from sale under this section.
**71. Transfer of holding.—(1) At any time after an arrear of land-revenue has accrued on a holding,**
the Collector may transfer the holding to any person being a landowner of the estate in which the holding
is situate and not being a defaulter in respect of his own holding, on condition of his paying the arrear
before being put in possession of the holding, and on such further conditions as the Collector may see fit
to prescribe.
(2) The transfer may, as the collector thinks fit, be either till the end of the agricultural year in which
the defaulter pays to the transferee the amount of the arrear which the transferee paid before being put in
possession of the holding, or for a term not exceeding fifteen years from the commencement of the
agricultural year next following the date of the transfer.
(3) The Collector shall report to the Financial Commissioner any transfer made by him under this
section, and the Financial Commissioner may set aside the transfer or alter the conditions thereof, or pass
such other order as he thinks fit.
(4) A transfer under this section shall not affect the joint and several liability of the landowners of the
estate in which it is enforced.
(5) In respect of all rights and liabilities arising under this Act the person to whom the holding is
transferred shall, subject to the conditions of the transfer, stand in the same position as that in which the
defaulter would have stood if the holding had not been transferred.
(6) When the transfer was for a term, the holding shall, on the expiration of the term, be restored by
the Collector to the defaulter free of any claim on the part of the Government or the transferee for any
arrear of land-revenue or rates and cesses due in respect thereof.
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**72. Attachment of estate or holding.—(1) At any time after an arrear of land-revenue has accrued,**
the Collector may cause the estate or holding in respect of which the arrear is due to be attached and taken
under his own management or that of an agent appointed by him for that purpose.
(2) The Collector or the agent shall be bound by all the engagements which existed between the
defaulter and his tenants, if any, and shall be entitled to manage the land and to receive all rents and
profits accruing therefrom to the exclusion of the defaulter until the arrear has been satisfied, or until the
Collector restores the land to the defaulter.
(3) All surplus profits of the land attached beyond the cost of attachment and management and the
amount necessary to meet the current demand for land-revenue and rates and cesses shall be applied in
discharge of the arrear.
(4) Land shall not be attached for the same arrear for a longer term than five years from the
commencement of the agricultural year next following the date of the attachment, but, if the arrear is
sooner discharged, the land shall be released and the surplus, receipts, if any, made over to the
landowner.
**73. Annulment of assessment of estate of holding.—(1) When an arrear of land-revenue has been**
due for a longer period than one month, and the foregoing processes are not deemed sufficient for the
recovery thereof, the financial Commissioner may, in addition to or instead of all or any of those
processes, order the existing assessment of the estate or holding in respect of which the arrear is due to be
annulled.
(2) The provisions of this section shall not be put in force for the recovery of an arrear of land-revenue
which has accrued on land —
(a) while under attachment under the last foregoing section, or
(b) while under the charge of the Court of Wards.
(3) When the assessment of any land has been annulled, the Collector may, with the previous sanction
of the Financial Commissioner, either manage the land himself or through an agent, or let it in farm to any
person willing to accept the farm, for such term and on such conditions as may be sanctioned by the
Financial Commissioner:
Provided that the term for which land may be so managed or farmed shall not be longer than fifteen
years from the commencement of the agricultural year next following the date of the annulment.
(4) at some time before the expiration of that term the Collector shall determine the assessment to be
paid in respect of the estate or holding for the remainder of the term of the current assessment of the
district or tehsil, and, when that assessment has been sanctioned by the Financial Commissioner, shall
announce it to the landowner.
(5) The landowner may give notice to the Collector of refusal to be liable for the assessment within
thirty days from the date on which the assessment was announced to him.
(6) If notice is so given, the Collector may, with the previous sanction of the Financial Commissioner,
take the estate or holding under direct management or farm it for the remainder of the term of the current
assessment of the district or tehsil, or for any period within that term which the Financial Commissioner
may fix.
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(7) When the assessment of a holding is annulled, the joint responsibility of the other landowners of
the estate for the land-revenue of that holding becoming due after the annulment shall be in abeyance
until the a new assessment takes effect.
(8) The Financial Commissioner may direct that any contract made by the defaulter, or by any person
through whom the defaulter claims, with respect to any land comprised in an estate or holding of which
the assessment has been annulled shall not be binding on the Collector or his agent or farmer during the
period for which the estate or holding remains under the management of the Collector or his agent or is let
in farm.
**74. Proclamation of attachment or annulment of assessment and consequence of the**
**proclamation.—(1) When any land is attached under section 72, or when the assessment of any land has**
been annulled under the last foregoing section, the Collector shall make proclamation thereof.
(2) No payment made by any person to the defaulter before the making of the proclamation on
account of rent or any other asset in anticipation of the usual time for the payment shall, without the
special sanction of the Collector, be credited to that person or relieve him from liability to make the
payment to the Collector or his agent or farmer.
(3) No payment made after the making of the proclamation on account of rent or any other asset of the
estate or holding to any person other than the Collector or his agent or farmer shall be credited to the
person making the payment or relieve him from liability to make the payment to the Collector or his agent
or farmer.
**75. Sale of estate or holding.—When an arrear of land-revenue has accrued and the foregoing**
processes are not deemed sufficient for the recovery thereof, the Collector, with the previous sanction of
the Financial Commissioner, may, in addition to, or instead of, all or any of those processes, and subject
to the provisions hereinafter contained, sell the estate or holding in respect of which the arrear is due :
Provided that land shall not be sold for the recovery of—
(a) any arrear which has accrued while the land was under the charge of the Court of Wards, or was
so circumstanced that the Court of Wards might have exercised jurisdiction over it under the
provisions of section 35 of the Punjab Laws Act, 1872, (IV of 1872) clause (a), (b), (c) or (d); or
(b) any arrear which has accrued while the land was under attachment under section 72 of this
Act; or
(c) any arrear which has accrued while the land was held under direct management by the Collector
or in farm by any other person, under section 73, after either an annulment of assessment or a refusal
to be liable therefor.
**76. Effect of sale on incumbrances.—(1) Land sold under the last foregoing section shall be sold free**
of all incumbrances; and all grants and contracts previously made by any person other than purchaser in
respect of the land shall become void as against the purchaser at the sale.
(2) Nothing in sub-section (1) shall affect—
(a) a tenant’s right of occupancy, unless the right was created by the defaulter himself, or
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(b) any lease at fair rent, temporary or perpetual, for the erection of a dwelling-house or
manufactory, or for a mine, garden, tank, canal, place of worship, or burial ground, so long as the land
continues to be used for the purpose specified in the lease, or
(c) any incumbrance, grant, contract or right of occupancy specially saved by order of the Financial
Commissioner and proclaimed as hereinafter provided.
**77. Proceedings against other immovable property of defaulter.—(1) If the arrear cannot be**
recovered by any of the processes hereinbefore provided, or if the Financial Commissioner considers the
enforcement of any of those processes to be inexpedient, the Collector may, where the defaulter owns any
other estate or holding, or any other immovable property, proceed under the provisions of this Act against
that property as if it were the land in respect of which the arrear is due:
Provided that no interest save those of the defaulter alone shall be so proceeded against, and no
incumbrances created, grants made or contracts entered into by him in good faith shall be rendered invalid
by reason only of his interests being proceeded against.
(2) When the Collector determines to proceed under this section against immovable property other
than the land in respect of which the arrear is due, he shall issue a proclamation prohibiting the transfer or
charging of the property.
(3) The Collector may at any time by order in writing withdraw the proclamation, and it shall be
deemed to be withdrawn when either the arrear has been paid or the interests of the defaulter in the
property have been sold for the recovery of the arrear.
(4) Any private alienation of the property, or of any interest of the defaulter therein, whether by sale,
gift, mortgage or otherwise, made after the issue of the proclamation and before the withdrawal thereof
shall be void.
(5) In proceedings against property under this section the Collector shall follow, as nearly as the nature
of the property will admit, the procedure prescribed for the enforcement of process against land on which
an arrear of land-revenue is due.
**78. Remedies open to person denying his liability for an arrear.—(1) Notwithstanding anything in**
section 66, when proceedings are taken under this Act for the recovery of an arrear, the person against
whom the proceedings are taken may, if he denies his liability for the arrear or any part thereof and pays
the same under protest made in writing at the time of payment and signed by him or his agent, institute a
suit in a Civil Court for the recovery of the amount so paid.
(2) A suit under sub-section (1) must be instituted in a Court having jurisdiction in the place where the
office of the Collector of the district in which the arrear or some part thereof accrued is situate.
_Procedure in Sales._
**79. Proclamation of sales.—(1) On the receipt of the sanction of the Financial Commissioner to the**
sale of any immovable property, the Collector shall issue a proclamation of the intended sale, specifying –
(a) the date, time and place of the sale;
(b) the property to be sold, and, if it is an estate or holding, the land-revenue assessed thereon or
payable in respect thereof;
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(c) if the property is to be sold for the recovery of an arrear due in respect thereof, the
incumbrances, grants, contracts and rights of occupancy, if any, specially saved by order of the
Financial Commissioner under section 76, sub-section (2), clause (c);
(d) if the property is to be sold otherwise than for the recovery of an arrear due in respect thereof
any incumbrance, grant or contract to which the property is known to be liable; and
(e) the amount for the recovery of which the sale is ordered.
(2) The proclamation shall also state that any person intending to claim a right of pre-emption must, on
pain of forfeiting the right, give notice of his intention to the Collector on an office-day before that fixed
for the sale.
(3) The place of sale specified under clause (a) of sub-section (1) must be either the office of the
Collector or some place appointed by the Collector in this behalf and situate in or near the property to be
sold.
**80. Indemnity to Revenue-officer with respect to contents of proclamation.—A Revenue-officer**
shall not be answerable for any error, mis-statement or omission in any proclamation under the last
foregoing section, unless the same has been committed or made dishonestly.
**81. Publication of proclamation.—(1) A copy of the proclamation shall be served on the defaulter**
and be posted in a conspicuous part of the office of the Tahsildar of the tahsil in which the property is to
be sold is situate .
(2) After a copy of the proclamation has been served on the defaulter and posted in the office of the
Tahsildar, a copy thereof shall be posted in the office of the Collector.
(3) The proclamation shall be further published in manner prescribed in section 22 and in such other
manner as the Collector thinks expedient.
**82. Time and conduct of sale.—(1) The sale shall not take place on a Sunday or other holiday, or till**
after the expiration of at least thirty days from the date on which the copy of the proclamation was posted
in the office of the Collector.
(2) The sale shall be by public auction and shall be conducted either by the Collector in person or by a
Revenue-officer specially appointed by him in this behalf.
**83. Power to postpone sale.— The Collector may from time to time postpone the sale.**
**84. Stay of sale.—If at any time before the bidding at the auction is completed the defaulter pays the**
arrears in respect of which the property has been proclaimed for sale, together with the costs incurred for
the recovery thereof, to the officer conducting the sale, or proves to the satisfaction of that officer that he
has already paid the same either at the place and in the manner prescribed under section 63 or into the
Government treasury, the sale shall be stayed.
**85. Payment of deposit by highest bidder.—When the highest bid at the auction has been ascertained**
the person who made that bid shall, on the requisition of the officer conducting the sale, pay to that officer
a deposit of twenty-five per centum on the amount of his bid, and shall, on payment thereof, be declared
to be the purchaser subject to the provisions of this Chapter with respect to the exercise of any right of
pre-emption.
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**86. Consequences of failure to pay deposit.—If the person who made the highest bid fails to pay the**
deposit as required by the last foregoing section, the property shall forthwith be put up again and sold, and
all expenses attending the first sale, and the deficiency of price, if any, which may happen on the resale,
may be recovered from him by the Collector as if the same were an arrear of land-revenue.
**87. Exercise of right of pre-emption.—(1) At any time before the close of the day on which the sale**
takes place any person who has given notice of his intention to claim a right of pre-emption under
section 79, sub-section (2), may, on payment to the officer conducting the sale of a deposit of twenty-five
per centum on the highest bid made at the sale, claim to take the property at that bid.
(2) If the right is not disputed, he shall be declared to be the purchaser.
(3) If the right is disputed, the Collector shall inquire into and decide the dispute and declare the
purchaser, and his decision and declaration shall be final.
**88. Time for payment in full.—The full amount of the purchaser-money shall be paid by the**
purchaser before the close of the fifteenth day from that on which the purchaser was declared.
**89. Procedure in default of payment.—In default of payment of the full amount of the purchase-**
money within the period mentioned in the last foregoing section, the deposit referred to in section 85 or
section 87, as the case may be, shall, after defraying the expenses of the sale, be forfeited to the
Government and may, if the Collector, with the previous sanction of the Commissioner, so directs, be
applied in reduction of the arrear, and the property shall be re-sold, and the defaulting purchaser shall
have no claim to the property or to any part of the sum for which it may subsequently be sold.
**90. Report of sale to Commissioner.—Every sale of immoveable property under this Chapter shall**
be reported by the Collector to the Commissioner.
**91. Application to set aside sale.—(1) At any time within thirty days from the date of sale,**
application may be made to the Commissioner to set aside the sale on the ground of some material
irregularity or mistake in publishing or conducting it.
(2) But a sale shall not be set aside on that ground unless the applicant proves to the satisfaction of the
Commissioner that he has sustained substantial injury by reason of the irregularity or mistake.
**92. Order confirming or setting aside sale.—(1) After the expiration of thirty days from the date of**
the sale, if such application as is mentioned in the last foregoing section has not been made, or if such
application has been made and rejected, the Commissioner shall make an order confirming the sale, and,
if such application has been made and allowed, the Commissioner shall make an order setting aside the
sale.
(2) An order made under this section shall be final.
**93. Refund of purchase money on setting aside of sale.—Whenever the sale of any property is set**
aside, the purchaser shall be entitled to receive back his purchase-money.
**94. Proclamation after postponement or on re-sale.—A sale made after a postponement under**
section 83, and a re-sale consequent on a purchaser’s default under section 89 or on the setting aside of a
sale under section 92, shall be made after the issue of a fresh proclamation in the manner hereinbefore
prescribed for the sale.
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**95. On confirmation of sale, possession and certificate to be granted to purchaser.—(1) After a**
sale has been confirmed in manner aforesaid, the Collector shall put the person declared to be the
purchaser into possession of the property sold, and shall grant him a certificate to the effect that he has
purchased that property.
(2) The certificate shall state whether or not the property was sold for the recovery of an arrear due in
respect thereof, and if it was so sold, shall set forth the incumbrances, grants, contracts and rights of
occupancy, if any, specified in the proclamation of the sale as specially saved by order of the Financial
Commissioner under section 76, sub-section (2), clause (c).
(3) The certificate shall be deemed to be a valid transfer of the property but need not to be registered
as a conveyance.
(4) Any suit brought in any Court against the certified purchaser on the ground that the purchase was
made on behalf of a person other than the certified purchaser shall be dismissed with costs.
(5) The certified purchaser of any immovable property shall be entitled to all rents and profits falling
due in respect of the property after the date of the confirmation of the sale and be liable for all instalments
of land-revenue and rates and cesses falling due in respect thereof after that date.
**96. Proceeds of sale.—(1) When a sale of immoveable property under this Chapter has been**
confirmed, the proceeds of the sale shall be applied in the first place to the payment of any arrears,
including costs incurred for the recovery thereof, due to the Government from the defaulter at the date of
the confirmation of the sale, whether the arrears are of land-revenue, or of sums recoverable as arrears of
land-revenue, and the surplus, if any, shall be paid to the person whose property has been sold, or, if the
property sold was owned by more than one person, then to the owners either collectively or according to
the amount of their recorded interests, as the Collector thinks fit.
(2) The surplus shall not, except under an order of a Court, be paid to any creditor of a person whose
property has been sold.
(3) If the proceeds of the sale fall short of such arrears as are referred to in sub-section (1), the balance
remaining due from the defaulter may be recovered from him by further proceedings under this Chapter
or by any other means authorized by law.
CHAPTER VII
RECOVERY OF OTHER DEMANDS BY REVENUE-OFFICERS.
**97. Recovery of certain arrears through Revenue officer instead of suit.—When a village-officer**
required by rules under section 28 to collect any land-revenue or sum recoverable as an arrear of landrevenue satisfies a Revenue-officer that the revenue or sums has fallen due and has not been paid to him,
the Revenue-officer may, subject to any rules which the Financial Commissioner may make in this behalf,
recover it is if it were an arrear of land-revenue.
**98. Other sums recoverable as arrears of Land-revenue.—In addition to any sums recoverable as**
arrears of land-revenue under this Act or any other enactment for the time being in force, the following
sums may be so recovered, namely : —
(a) fees, fines, costs and other charges, including the village-officers’ cess, payable under this Act;
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(b) revenue due to the Government on account of pasture or other natural products of land, or on
account of mills, fisheries or natural products of water, or on account of other rights described in
section 41 or section 42 in cases in which the revenue so due has not been included in the assessment of
an estate;
(c) fees payable to district boards or local boards under section 33 of the Punjab Districts Boards
Act, 1883 (XX of 1883), for the use of or benefits derived from such works as are referred to in section
20, clauses (i) and (j), of that Act;
(d) sums leviable by or under the authority of the Government as water-rates, or on account of the
maintenance or management of canals, embankments or other irrigation-works, not being sums
recoverable as arrears of land-revenue under any enactment for the time being in force ; and
(e) Sums payable to the Government by a person who is surety for the payment of any of the foregoing
sums or of any other sum recoverable as an arrear of land-revenue.
**99. Application of Chapter VI to sums recoverable under this Chapter.—(1) The provisions of**
Chapter VI shall, with respect to any sum mentioned or referred to in this Chapter, apply, so far as they
can be made applicable, as if the sum were an arrear of land-revenue and the person from whom, either as
principal or as surety, it is due were a defaulter in respect of such an arrear.
(2) Unless any such sum is declared by any enactment for the time being in force to be recoverable as
if it were an arrear of land-revenue due in respect of the land charged therewith, the provisions of
section 77 shall apply under sub-section (1) to the recovery thereof.
________
CHAPTER VIII.
SURVEYS AND BOUNDARIES.
**100. Power of Financial Commissioner to make rules for demarcation of boundaries and**
**erection of survey-marks.—(1) The Financial Commissioner may make rules as to the manner in which**
the boundaries of all or any estates in any local area are to be demarcated and as to the survey-marks to be
erected within those estates.
(2) Rules under this section may prescribe, among other matters, the forms of survey-marks and the
material to be used in their construction.
**101 Power of Revenue-officers to define boundaries.—(1) A Revenue-officer may, for the purpose**
of framing any record or making any assessment under this Act, or on the application of any person
interested, define the limits of any estate, or of any holding, field or other portion of an estate, and may,
for the purpose of indicating those limits, require survey-marks to be erected or repaired.
(2) In defining the limits of any land under sub-section (1), the Revenue-officer may cause
survey-marks to be erected on any boundary already determined by, or by order of, any Court,
Revenue-officer or Forest settlement-officer, or restore any survey-marks already set up by, or by order
of, any Court or any such officer.
**102. Cost of erection and repair of survey-marks.—Subject to any rules which the Financial**
Commissioner may make in this behalf, survey-marks shall be erected and kept in repair by or at the cost
of the persons interested in the land for the indication of the limits of which they are required:
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Provided that the Local Government may in any case direct that the cost of erection shall be borne by
the Government or be paid out of the proceeds of the village-officers’ cess.
**103. Recovery of cost incurred by the Government.—(1) If the persons interested in the land fail to**
erect or repair a survey-mark within thirty days from the date of their being required by a Revenue-officer
to do so, the Revenue-officer may cause it to be erected or repaired.
(2) Where the Revenue-officer causes a survey-mark to be erected or repaired, he shall, subject to any
rules or direction under the last foregoing section, apportion the cost amongst the persons interested in the
land in such manner as he deems just, and certify the same to the Collector.
(3) The Collector may recover the cost as if it were an arrear of land-revenue.
**104. Power of Revenue-officers to enter on land for purposes of survey and demarcation.—Any**
Revenue-officer, and any person acting under the orders of a Revenue-officer, may, in the discharge of
any duty under this Act, enter upon and survey land and erect survey-marks thereon and demarcate the
boundaries thereof, and do all other acts necessary for the proper performance of that duty.
**105. Survey for purpose of preparation of records.—(1) When any land is being surveyed in**
pursuance of rules under section 46, clause (c), any Revenue-officer directing the survey may, by notice
or proclamation, require all persons having rights or interests in the land to indicate, within a specified
time, by temporary marks of a kind to be described in the notice or proclamation, the limits of those rights
or interests.
(2) If a person to whom the notice or proclamation is addressed fails to comply with the requisition, he
shall be liable at the discretion of the Revenue-officer to fine, which may extend to ten rupees.
**106. Provision of flagholders and chaimen for those surveys.—(1) For the purposes of the survey of**
any land in pursuance of rules under section 46, clause (c), the land-owners shall be bound to provide fit
persons to act as flag holders and chainmen.
(2) If the land-owners fail to provide such persons or to provide them in sufficient number, such other
persons as a Revenue-officer considers necessary may be employed and the cost of employing them
recovered from the land-owners as if it were an arrear of land-revenue.
**107. Professional surveys.—(1) If it is necessary to make a survey by other agency than that of**
Revenue-officers or village-officers, the Local Government may publish a notification stating—
(a) the local area to be surveyed and the nature of the survey;
(b) the names or official designations of the officers by whom the survey is to be made; and
(c) the kind of survey-marks to be erected by those officers.
(2) From the date of the notification the officers specified therein, and the persons acting under their
orders, shall have for the purposes of the survey the powers conferred on Revenue-officers by
section 104.
**108. Penalty for destruction, injury or removal of survey-marks.—(1) If any person willfully**
destroys or injures or without lawful authority removes a survey-mark lawfully erected, he may be
ordered by a Revenue-officer to pay such fine not exceeding fifty rupees for each mark so destroyed,
injured or removed as may, in the opinion of the Revenue-officer, be necessary to defray the expense of
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restoring the same and of rewarding the person, if any, who gave information of the destruction, injury or
removal.
(2) The imposition of a fine under this section shall not bar a prosecution under section 434 of the
Indian Penal Code.
**109. Report of destruction or removal of or injury to survey-marks.—Every village-officer of an**
estate shall be legally bound to furnish a Revenue-officer with information respecting the destruction or
removal of, or any injury done to, any survey-mark lawfully erected in the estate.
________
CHAPTER IX.
PARTITION.
**110.** **Effect of partitions of estates and tenancies on joint liability for revenue and rent.—(1) A**
partition of land, either under this Chapter or otherwise, shall not, without the express consent of the
Financial Commissioner, affect the joint liability of the land or of the land-owners thereof for the revenue
payable in respect of the land, or operate to create a new estate, and, if any conditions are attached to that
consent, those conditions shall be binding on the parties to the partition.
(2) A partition of a tenancy shall not, without the express consent of the landlord, affect the joint
liability of the co-sharers therein for the payment of the rent thereof.
**111. Application for partition.—Any joint owner of land, or any joint tenant of a tenancy in which a**
right of occupancy subsists, may apply to a Revenue-officer for partition of his share in the land or
tenancy, as the case may be, if—
(a) at the date of the application the share is recorded under Chapter IV as belonging to him, or
(b) his right to the share has been established by a decree which is still subsisting at the date, or
(c) a written acknowledgement of that right has been executed by all persons interested in the
admission or denial thereof.
**112. Restriction and limitations on partition.—Notwithstanding anything in the last foregoing**
section—
(1) places of worship and burial grounds held in common before partition shall continue to be so held
after partition, unless the parties otherwise agree among themselves and record their agreement and file it
with the Revenue-officer;
(2) partition of any of the following properties, namely: —
(a) any embankment, watercourse, well or tank, and any land on which the supply of water to any
such work may depend,
(b) any grazing-ground, and
(c) any land which is occupied as the site of a town or village and is assessed to land revenue;
may be refused if in the opinion of the Revenue-officer the partition of such property is likely to cause
inconvenience to the co-shares or other persons directly or indirectly interested therein or to diminish
the utility thereof to these persons;
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(3) the fact that a partition on the application of a joint owner of land would render necessary the
severance into two or more parts of the land comprised in the tenancy of a tenant having a right of
occupancy may, unless the tenant assents to the severance, be a sufficient reason for the disallowance of
the partition in so far as it would affect that tenancy; and
(4) the fact that the landlord objects to the partition of a tenancy may be sufficient reason for the
absolute disallowance of the partition thereof.
**113. Notice of application for partition.—The Revenue-officer, on receiving the application under**
section 111, shall, if it is in order and not open to objection on the face of it, fix a day for the hearing
thereof, and—
(a) cause notice of the application and of the day so fixed to be served on such of the recorded
co-shares as have not joined in the application, and, if the share of which partition is applied for is a
share in a tenancy, on the landlord also; and
(b) if he thinks fit, cause the notice to be served on, or proclaimed for the information of, any other
persons whom he may deem to be directly or indirectly interested in the application.
**114. Addition of parties to application.—On the day fixed for the hearing, or on any day to which**
the hearing may be adjourned, the Revenue-officer shall ascertain whether any of the other co-sharers
desire the partition of their share also, and, if any of them so desire, he shall add them as applicants
for partition.
**115. Absolute disallowance of partition.—After examining such of the co-shares and other persons**
as may be present on that day, the Revenue-officer may, if he is of opinion that there is good and
sufficient cause why partition should be absolutely disallowed, refuse the application, recording the
grounds of his refusal.
**116. Procedure on admission of application.—If the Revenue-officer does not refuse the application**
under the last foregoing section, he shall ascertain the question, if any, in dispute between any of the
persons interested, distinguishing between—
(a) questions as to title in the property of which partition is sought; and
(b) questions as to the property to be divided, or the mode of making the partition.
**117. Disposal of questions as to title in property to be divided.—(1) When there is a question as to**
title in any of the property of which partition is sought, the Revenue-officer may decline to grant the
application for partition until the question has been determined by a competent Court, or he may himself
proceed to determine the question as though he were such a Court.
(2) Where the Revenue-officer himself proceeds to determine the question, the following rules shall
apply, namely:—
(a) If the question is one over which a Revenue Court has jurisdiction, the Revenue-officer shall
proceed as a Revenue Court under the provisions of the Punjab Tenancy Act, 1887 (XVI of 1887).
(b) If the question is one over which a Civil Court has jurisdiction, the procedure of the Revenueofficer shall be that applicable to the trial of an original suit by a Civil Court, and he shall record a
judgment and decree containing the particulars required by the Code of Civil Procedure to be specified
therein.
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(c) An appeal shall lie from the decree of the Revenue-officer under clause (b) as though that
decree were a decree of a district Judge in an original suit.
(d) Upon such an appeal being made, the Divisional Court or Chief Court, as the case may be, may
issue an injunction to the Revenue-officer requiring him to stay proceeding pending the disposal of the
appeal.
(e) From the appellate decree of a Divisional Court upon such an appeal a further appeal shall lie to
the Chief Court if such a further appeal is allowed by the law for the time being in force.
**118. Disposal of other questions.—(1) When there is a question as to the property to be divided, or**
the mode of making a partition, the Revenue-officer shall, after, such inquiry as he deems necessary,
record an order stating his decision on the question and his reasons for the decision.
(2) An appeal may be preferred to the Commissioner from an order under sub-section (1) within
fifteen days from the date thereof, and, when such an appeal is preferred and the institution thereof has
been certified to the Revenue-officer by the Commissioner, the Revenue-officer shall stay proceedings
pending the disposal of the appeal.
(3) If an applicant for partition is dissatisfied with an original or appellate order under this section, and
applies for permission to withdraw from the proceedings in so far as they relate to the partition of his
shares, he shall be permitted to withdraw therefrom on such terms as the Revenue-officer thinks fit.
(4) When an applicant withdraw, under the last foregoing sub-section, the Revenue-officer may, where
the other applicants, if any, desire the continuance of the proceeding, continue them in so as far they
relate to the partition of the shares of those other applicants.
**119. Administration of property excluded from partition.—When any such property as is referred**
to in section 112, clause (2), is excluded from partition, the Revenue-officer may determine the extent and
manner to and in which the co-sharers and other persons interested therein may make use thereof, and the
proportion in which the expenditure incurred thereon and profits derived therefrom, respectively, are to be
borne by and divided among those persons or any of them.
**120. Distribution of revenue and rent after partition.—(1) The amount of revenue to be paid in**
respect of each of the holdings into which land has been divided on a partition, and the amount of rent to
be paid in respect of each of the portions into which a tenancy has been so divided, shall be determined by
the Revenue-officer making the partition.
(2) The determination of the Revenue-officer as to the revenue to be paid in respect of each holding
shall, where the estate in which the holding is situate in subject to a fixed assessment, be deemed to be an
order under section 56, sub-section (1).
(3) Where new estates have been created at a partition and the land-revenue has been fraudulently or
erroneously distributed among them, the Local Government may, within twelve years from the time of
discovery of the fraud or error, order a new distribution of the land-revenue among the several estates, on
a estimate of the assets of each estate at the time of the partition, to be made conformably to the best
evidence and information procurable respecting the same.
**121. Instrument of partition.—When a partition is completed, the Revenue-officer shall cause an**
instrument of partition to be prepared, and the date on which the partition is to take effect to be recorded
therein.
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**122. Delivery of possession of property allotted on partition.—An owner or tenant to whom any**
land or portion of a tenancy, as the case may be, is allotted in proceedings for partition shall be entitled to
possession thereof as against the other parties to the proceedings and their legal representatives, and a
Revenue-officer shall, on application made to him for the purpose by any such owner or tenant at any
time within three years from the date recorded in the instrument of partition under the last foregoing
section, give effect to that instrument so far as it concerns the applicant as if it were a decree for
immovable property.
**123. Affirmation of partitions privately affected.—(1) In any case in which a partition has been**
made without the intervention of a Revenue-officer, any party thereto may apply to a Revenue-officer for
an order affirming the partition.
(2) On receiving the application, the Revenue-officer shall inquire into the case, and, if he finds that
the partition has in fact been made, he may make an order affirming it and proceed under sections 119,
120, 121 and 122, or any of those sections, as circumstances may require, in the same manner as if the
partition had been made on an application to himself under this Chapter.
**124. Power to make rules as to costs of partitions.—The Financial Commissioner may make rules**
for determining the costs of partitions under this Chapter and the mode in which such costs are to be
apportioned.
**125. Re-distribution of land according to custom.—When by established custom any land in an**
estate is subject to periodical re-distribution of a Revenue-officer may, on the application of any of the
land-owners, enforce the re-distribution according to the custom, and for this purpose may exercise all or
any of the powers of a Revenue-officer in proceedings, for partition.
**126. Officers who may be empowered to act under this Chapter.—The Revenue-officer by whom**
proceedings may be taken under this Chapter shall be a Revenue-officer of a class not below that of
Assistant Collector of the first grade.
________
CHAPTER X.
ARBITRATION.
**127. Power to refer to arbitration.—(1) Any Revenue-officer may, with the consent of the parties,**
refer to arbitration any dispute arising before him in any matter under this Act.
(2) A Collector or any Assistant Collector of the first grade may, without the consent of the parties,
refer to arbitration any dispute before him with respect to—
(a) any matter of which an entry is to be made in any record or register under Chapter IV;
(b) any matter relating to the distribution of an assessment under section 56;
(c) the limits of any estate or of any holding, field or other portion of an estate; or
(d) the property to be divided at a partition or the mode of making a partition.
**128. Order of reference and contents thereof.—(1) In referring a dispute to arbitration a**
Revenue-officer shall make an order of reference, and specify therein the precise matter submitted to
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arbitration, the number of arbitrators which each party to the dispute is to nominate, the period within
which arbitrators are to be nominated, and the period within which the award is to be delivered.
(2) The number of arbitrators which each party may nominate must be the same and must not exceed
two.
(3) If from any cause arbitrators are not nominated, or an award is not delivered, within the period
fixed therefor in the order of reference, the Revenue-officer may from time to time enlarge that period, or
may cancel the order of reference.
**129. Nomination of arbitrators.—(1) When an order of reference has been made, the parties may**
each nominate the number of arbitrators specified in the order, and the Revenue-officer shall nominate
one other arbitrator.
(2) The Revenue-officer may, for reasons to be recorded by him, make an order disallowing any
nomination made by either party and requiring the party to make another nomination within a time to be
specified in the order.
(3) An order under the last foregoing sub-section shall be final.
**130. Substitution of arbitrators by parties.—If an arbitrator nominated by the party dies, desires to**
be discharged or refuses or becomes incapable to act, the party may nominate another person in his stead.
**131. Nomination and substitution of arbitrators by Revenue-officers.—In any of the following**
cases, namely;—
(a) if either of the parties fails to nominate an arbitrator under sub-section (1) of section 129 within
the period fixed in the order of reference, or
(b) if the nomination of an arbitrator has been disallowed under sub-section (2) of section 129, and
another arbitrator is no nominated within the time specified in the order under that sub-section or,
having been so nominated, his nomination is also disallowed, or
(c) if a party entitled to nominate an arbitrator in the place of another arbitrator under
section 130, fails to nominate him within one week from the date of the communication to him of a
notice requiring him to make the nomination, or
(d) if an arbitrator nominated by the Revenue-officer dies, desires to be discharged or refuses or
becomes incapable to act,
the Revenue-officer may nominate a person as arbitrator.
**132. Process for appearance before arbitrators.—(1) The Revenue-officer shall, on the application**
of the arbitrators, issue the same processes to the parties and witnesses whom the arbitrators desire to
examine as he may issue in any proceeding under this Act before himself.
(2) Any such party or witness shall be bound to appear before the arbitrators in obedience to a process
issued under sub-section (1), either in person or by agent, as the arbitrators may require.
(3) The person attending in obedience to the process shall be bound to state the truth upon any matter
respecting which he is examined or makes statements, and to produce such documents and other things
relating to any such matter as may be specified in the process.
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**133. Award of arbitrators and presentation thereof.—(1) The arbitrators shall make an award in**
writing under their hands concerning the matters referred to them for arbitration, and state therein their
reasons therefor, and any arbitrator dissenting from the award made by a majority of the arbitrators shall
state the grounds of his dissent.
(2) The arbitrators shall present the award to the Revenue-officer in person unless that officer permits
them to present it by agent.
**134. Procedure on presentation of award.—(1) When the award has been received, the Revenue-**
officer shall, if the parties are present, consider forthwith any objection which they may have to make
thereto, and, if they are not present, fix a date for the consideration thereof.
(2) Where a date has been fixed for the consideration of an award, the Revenue-officer shall on that
date, or on any subsequent date to which an adjournment may be made, hear any objections which the
parties may have to make to the award.
(3) The Revenue-officer may also, if he thinks fit, question the arbitrators as to the grounds of their
award.
**135 Effect of award.—(1) The Revenue-officer may accept, modify or reject the award, recording his**
reasons for doing so in his decision respecting the dispute which was referred to arbitration.
(2) An appeal shall lie from the decision as if arbitrators had not been appointed.
_______
CHAPTER XI.
SPECIAL JURISDICTION wITH RESPECT TO LAND.
**136. Power to invest officers making records-of-rights or general re-assessments with powers of**
**Civil Courts.—(1) The Local Government may, by order published in the official Gazette, invest any**
Revenue-officer making or specially revising records-of-rights in any local area in pursuance of a
notification under section 32 or making re-assessment of land-revenue in any local area in pursuance of a
notification under section 49, or any Revenue-officer to whose control that officer is subject, with all or
any of the powers of any Court constituted under the Punjab Courts Act, 1884 (XVIII of 1884), for the
purpose of trying all or any specified classes of suits or appeals relating to land arising in the local area.
(2) The Local Government may cancel an order under sub-section (1) wholly or in part.
(3) While an order or any part of an order under that sub-section continues in force, the powers
conferred thereby shall be exercised by the officer invested therewith and not otherwise.
(4) Any cases pending before that officer under the order or a subsisting part of the order at the time of
cancellation thereof may be disposed of by him as if the order or that part of it continued in force, unless
the Local Government directs, as it is hereby empowered to do, that those cases shall be transferred for
disposal to the Courts by which they would have been disposed of if the order had not been published.
**137. Control over such officers and appeals from and revision of their decrees and**
**orders.—(1) The Local Government may by notification direct that the provisions of this Act with**
respect to the superintendence and control over Revenue-officers shall, subject to any modification of
those provisions which the Local Government thinks fit, apply to any Revenue-officer, except the
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Financial Commissioner, who has been invested with the powers of a Civil Court of any of the classes
specified in clauses (a), (b), (c) and (d) of section 17 of the Punjab Courts Act, 1884 (XVIII of 1884),
and that appeals shall lie from his decrees and orders to, and his decrees and orders be subject to revision
by, a Revenue-officer invested under the last foregoing section with the powers of a Court which would
be competent under the Punjab Courts Act, 1884, to hear appeals from, or revise, such decrees and orders
if they had been made by a Court with the powers of which the Revenue-officer who made them has been
invested.
(2) In the absence of any such notification, a Revenue-officer invested under the last foregoing section
with the powers of any such Civil Court as aforesaid shall, with respect to the exercise of those powers,
be deemed to be such a Civil Court for the purpose of the Punjab Courts Act, 1884.
________
CHAPTER XII.
SUPPLEMENTAL RPOVISIONS.
_Revenue Deposits._
**138. Power to deposit certain sums other than rent.—(1) In either of the following cases,**
namely:—
(a) when a headman or other landowner, or an assignee of land-revenue, to whom any sum other
than rent is payable on account of a liability under this Act refuses to receive the sum from, or to grant
a receipt therefor to, the person by whom it is payable,
(b) when the person by whom any such sum is payable is in doubt as to the headman or other
landowner, or the assignee of land-revenue, entitled to receive it.
that person may apply to a Revenue-officer for leave to deposit the sum in his office, and the
Revenue-officer shall receive the deposit if, after examining the applicant, he is satisfied that there is
sufficient ground for the application, and if the applicant pays the fee, if any, which may be chargeable
on any notice to be issued of the receipt thereof.
(2) When a deposit has been so received, the liability of the depositor to the headman or other landowner, or the assignee of land–revenue, for the amount thereof shall be discharged.
**139. Procedure in case of deposit on account of a payment due to Government.—If the deposit**
purports to be made on account of any payment due to the Government, it may be credited accordingly.
**140. Procedure in case of other deposits.—(1) A Revenue-officer receiving a deposit purporting to**
be made on any other account shall give notice of the receipt thereof to every person who he has reason to
believe claims or is entitled to the deposit, and may pay the amount thereof to any person appearing to
him to be entitled to the same, or may, if he thinks fit, retain the deposit pending the decision of a Civil
Court as to the person so entitled.
(2) No suit or other proceeding shall be instituted against the Secretary of State for India in Council, or
against any officer of the Government, in respect of anything done by a Revenue-officer under this
section, but nothing in this sub-section shall prevent any person entitled to receive the amount of any such
deposit from recovering it from a person to whom it has been paid by a Revenue-officer.
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_Execution of Orders of Civil and Criminal Courts by Revenue-officers._
**141. Orders of Civil and Criminal Courts for execution of processes against land or the produce**
**thereof to be addressed to a Revenue-officer.—Orders issued by any Civil or Criminal Court for the**
attachment, sale or delivery of any land or interest in land, or for the attachment or sale of the produce of
any land, shall be addressed to the Collector or such Revenue-officer as the Collector may appoint in this
behalf, and be executed by the Collector or that officer in accordance with the provisions of the law
applicable to the Court issuing the orders and with any rules consistent there with made by the Financial
Commissioner with the concurrence of the Chief Court and the previous sanction of the Local
Government.
**142. Attachment of assigned land-revenue.—(1) Not withstanding anything in any other enactment**
for the time being in force, an order issued by any Court for the attachment of assigned land-revenue shall
require the person by whom the revenue is payable to pay it to the Collector, and the Collector to hold it
subject to the further orders of the court.
(2) A payment to the Collector under sub-section (1) shall be an effectual discharge to the person
making it.
_Preservation of attached Produce._
**143. Preservation of attached Produce.—(1) The attachment of the produce of any land in**
pursuance of an order of any Court or other authority shall not prevent the person to whom the produce
belongs from reaping, gathering or storing it or doing any other act necessary for its preservation.
(2) The attaching officer shall do or cause to be done all acts necessary for the preservation of the
produce if the person to whom it belongs fails to do so.
(3) When sale of produce follows on its attachment, the purchaser shall be entitled, by himself or by
any person appointed by him in his behalf, to enter on the place where the produce is and do all that is
necessary for the purpose of preserving and removing it.
_Division of Produce._
**144. Division of produce.—In either of the following cases, namely: —**
(a) where land-revenue is paid by division or appraisement of the produce,
(b) where a superior and an inferior landowner, or two or more shareholders in a holding or
tenancy, are jointly interested in any produce, and either or any of the landowners or tenants, as the
case may be, desires the assistance of a Revenue-officer for the purpose of dividing or appraising the
produce, the provisions of the Punjab Tenancy Act, 1887 (XVI of 1887), with respect to the division
or appraisement of produce shall apply so far as they can be made applicable.
_Miscellaneous._
**145. Village-cesses.—(1) At any of the following times, namely:—**
(a) when a record-of-rights is being made or specially revised for an estate,
(b) when the local area in which an estate is situate is being generally re-assessed and before the
assessment has been confirmed,
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(c) at any other time on an order made with respect to any estate by the Local Government with the
previous sanction of the Governor General in Council,
a Revenue-officer shall prepare a list of village-cesses, if any, levied in the estate which have been
generally or specially approved by the Local Government, or the title to which has before the passing of
this Act been judicially established.
(2) When a list has been prepared for an estate under sub-section (1), a village-cess not comprised
therein shall not be recoverable by suit in any Court.
(3) The Local Government may impose on the collection of any village-cess comprised in the list such
conditions as to police or other establishments connected with the village, market or fair in or on account
of which the cess is levied, as it thinks fit.
(4) The Governor General in Council may, on a reference from the Local Government, declare
weather any cess, contribution or due levied in an estate is or is not a village-cess.
(5) A declaration of the Governor General in Council under the last foregoing sub-section shall be
conclusive, and shall not be liable to be questioned in any Court.
**146. Superior landowners’ dues.—Where a superior landowner is entitled to receive in respect of**
any land from an inferior landowner dues in kind or in cash of fluctuating quantity or amount, the
Collector may—
(a) on the application of both landowners, or
(b) with the previous sanction of the Local Government, on the application either of them,
commute those dues into a fixed percentage of the land-revenue payable by the inferior landowner in
respect of the land.
**147. Substitution of service for payment of land-revenue.—(1) The Local Government may, with**
the previous sanction of the Governor General in Council, authorize the remission of land-revenue in
whole or in part in consideration of the person liable therefor undertaking to render in lieu thereof such
public service as may be specified in an agreement to be approved by the Local Government and executed
by that person.
(2) The Local Government may, with the like sanction, cancel any remission authorized, and
agreement made, under sub-section (1).
(3) If a landowner bound by an agreement under that sub-section to render public service in lieu of
paying land-revenue fails, to render the service to the satisfaction of the collector, the collector may
determine the portion of the land-revenue remitted which is represented by the service in respect of which
the landowner is in default, and, with the previous sanction of the financial Commissioner, recover that
portion as if it were an arrear of land-revenue due in respect of the land for the land-revenue whereof the
service was substituted.
**148. Recovery of cost of assessing assigned land-revenue.—(1) When land of which the land-**
revenue has been assigned in whole or in part is re-assessed, the assignee shall be liable to pay such a
share of the cost of making the re-assessment as the Financial Commissioner may determine to be just.
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(2) That share may be recovered by the Collector by the deduction of the amount thereof from the
land-revenue due to the assignee.
**149. Penalty for failure to attend within limits of estate in obedience to order of Revenue-**
**officer.—If a person required by a summons, notice, order or proclamation proceeding from a Revenue-**
officer to attend at a certain time and place within the limits of the estate in which he ordinarily resides, or
in which he holds or cultivates land, fails to comply with the requisition, he shall be liable at the
discretion of the Revenue-officer to fine which may extend to fifty rupees.
**150. Prevention of encroachment on common lands.—(1) Where land which has been reserved for**
the common purposes of the co-sharers therein has been encroached on by any co-sharer, a Revenueofficer may, on the application of any other co-sharer, eject the encroaching co-sharer from the land and,
by order proclaimed in manner mentioned in section 22, forbid repetition of the encroachment.
(2) The proceedings of the Revenue-officer under sub-section (1) shall be subject to any decree or
order which may be subsequently passed by any Court of competent jurisdiction.
**151. Papers kept by village-officers to be deemed public documents.—(1) Any record or paper**
which a village-officer is required by law, or by any rule under this Act, to prepare or keep shall be
deemed to be the property of the Government.
(2) A village-officer shall, with respect to any such record or paper in his custody, be deemed for the
purposes of the Indian Evidence Act, 1872 (I of 1872), to be a public officer having the custody of a
public document which any person has a right to inspect.
**152. Costs.—(1) A Revenue-officer may give and apportion the costs of any proceeding under this**
Act in any manner he thinks fit.
(2) But if he orders that the cost of any such proceeding shall not follow the event, he shall record his
reasons for the order.
**153 Computation of periods limited for appeals and applications for review.—In the computation**
of the period for an appeal from, or an application for the review of, an order under this Act the limitation
therefor shall be governed by the Indian Limitation Act, 1877 (XV of 1877).
**154. Restriction on Revenue-officers bidding at auctions or trading.—(1) A Revenue-officer, or a**
person employed in a revenue-office, shall not—
(a) purchase or bid for, either in person or by agent, in his own name or in that of another, or jointly
or in shares with others, any property which any Revenue-officer or Revenue Court in the District in
which he is employed has ordered to be sold, or,
(b) in contravention of any rules made by the Local Government in this behalf, engage in trade in
that district.
(2) Nothing in sub-section (1) shall be deemed to preclude any person from becoming a member of a
company incorporated under the Indian Companies Act, 1882, (VI of 1882) or other law.
**155. Power to make rules.—(1) The Financial Commissioner may, in addition to other rules which**
may be made by him under this Act, make rules consistent with this Act, and any other enactment for the
time being in force—
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(a) fixing the number and amount of the installments, and the times and places and the manner, by,
at and in which any sum other than rent or land-revenue which is payable under this Act or of which a
record has been made there under is to be paid;
(b) fixing the dates on which profits are to be divisible by headman or other persons by whom they
are realized on behalf of co-sharers;
(c) prescribing the fees to be charged for the service and execution of processes issued by
Revenue-officers and Revenue Courts, the mode in which those fees are to be collected, the number of
persons to be employed in the service and execution of those processes, and the remuneration and
duties of those persons;
(d) regulating the procedure in the cases where persons are entitled to inspect records of Revenueofficers, or records or papers in the custody of village-officer, or to obtain copies of the same, and
prescribing the fees payable for searches and copies;
(e) prescribing forms for such books, entries, statistics and accounts as the Financial Commissioner
thinks necessary to be kept, made or compiled in revenue-offices or submitted to any authority;
(f) declaring what shall be the language of any of those offices, and determining in what cases
persons practising in those offices shall be permitted to address the presiding officers thereof in
English; and
(g) generally for carrying out the purposes of this Act.
(2) Until rules are made under clauses (a) and (b) of sub-section (1) the sums therein referred to shall
be payable by the installments, at the times and places, and in the manner by, at and in which they are
now payable.
(3) Rules made by the Financial Commissioner under this or any other section of this Act shall not
take effect until they have been sanctioned by the Local Government, and rules under clause (c) of
sub-section (1) shall not take effect until they have also been confirmed by the Governor General in
Council.
**156. Rules to be made after previous publication.—The power to make any rules under this Act is**
subject to the control of the Governor General in Council, and to the condition of the rules being made
after previous publication:
**157. Powers exerciseable by the Financial Commissioner from time to time.—All powers**
conferred by this Act on The Financial Commissioner may be exercised from time to time as occasion
requires.
_Exclusion of Jurisdiction of Civil Courts._
**158. Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue-**
**officers—Except as otherwise provided by this Act—**
(1) a Civil Court shall not have jurisdiction in any matter which the Local Government or a Revenueofficer is empowered by this Act to dispose of, or take cognizance of the manner in which the Local
Government or any Revenue-officer exercises any powers vested in it or him by or under this Act; and in
particular—
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(2) a Civil Court shall not exercise jurisdiction over any of the following matters, namely:—
(i) any question as to the limits of any land which has been defined by a Revenue-officer as land to
which this Act does or does not apply;
(ii) any claim to compel the performance of any duties imposed by this Act or any other enactment
for the time being in force on any Revenue-officer, as such;
(iii) any claim to the office of kanungo, zaildar, inamdar or village-officer, or in respect of any
injury caused by exclusion from such office, or to compel the performance of the duties or a division
of the emoluments thereof ;
(iv) any notification directing the making or revision of a record-of-rights;
(v) the framing of a record-of-rights or annual record, or the preparation, signing or attestation of
any of the documents included in such a record;
(vi) the correction of any entry in a record-of-rights, annual record or register of mutations;
(vii) any notification of the undertaking of the general re-assessment of a district or tahsil having
been sanctioned by the Governor General in Council;
(viii) the claim of any person to be liable for an assessment of land-revenue or of any other revenue
assessed under this Act ;
(ix) the amount of land-revenue to be assessed on any estate or to be paid in respect of any holding
under this Act;
(x) the amount of, or the liability of any person to pay, any other revenue to be assessed under this Act,
or any cess, charge or rate to be assessed on an estate or holding under this Act or any other enactment for
the time being in force;
(xi) any claim relating to the allowance to be received by a landowner who has given notice of his
refusal to be liable for an assessment, or any claim connected with, or arising out of, any proceedings taken
in consequence of the refusal of any person to be liable for an assessment under this Act;
(xii) the formation of an estate out of waste land;
(xiii) any claim to hold free of revenue any land, mills, fisheries or natural products of land or
water;
(xiv) any claim connected with, or arising out of, the collection by the Government, or the enforcement
by the Government of any process for the recovery, of land-revenue or any sum recoverable as an arrear of
land-revenue;
(xv) any claim to set aside, on any ground other than fraud, a sale for the recovery of an arrear of landrevenue or any sum recoverable as an arrear of land-revenue;
(xvi) the amount of, or the liability of any person to pay, any fees, fines, costs or other charges imposed
under this Act;
(xvii) any claim for partition of an estate, holding or tenancy, or any question connected with, or arising
out of, proceedings for partition, not being a question as to title in any of the property of which partition is
sought;
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(xviii) any question as to the allotment of land on the partition of an estate, holding or tenancy, or as to
the distribution of land subject by established custom to periodical re-distribution, or as to the distribution
of land-revenue on the partition of an estate or holding or on a periodical re-distribution of land, or as to the
distribution of rent on the partition of a tenancy;
(xix) any claim to set aside or disturb a division or appraisement of produce confirmed or verified by a
Revenue-officer under this Act;
(xx) any question relating to the preparation of a list of village-cesses or the imposition by the Local
Government of conditions on the collection of such cesses;
(xxi) any proceeding under this Act for the commutation of the dues of a superior land-owner;
(xxii) any claim arising out of the enforcement of an agreement to render public service in lieu of paying
land-revenue; or
(xxiii) any claim arising out of the liability of an assignee of land-revenue to pay a share of the cost of
collecting or re-assessing such revenue, or arising out of the liability of an assignee to pay out of assigned
land-revenue, or of a person who would be liable for land-revenue if it had not been released, compounded
for or redeemed to pay on the land-revenue for which he would but for such release, composition or
redemption be liable, such a percentage for the remuneration of a zaildar, inamdar or village-officer as may
be prescribed by rules for the time being in force under this Act.
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THE SCHEDULE.
(See section 2.)
ENACTMENTS REPEALED.
Title or subject of enactment.
2
Creation of new Zilas.
To enable the Lieutenant Governor of the
Punjab to alter the limits of existing
districts in any part of the territories under
The Court fees Act, 1870.
The Punjab Land-Revenue Act, 1871.
The Punjab Laws Act, 1872.
The Punjab Courts Act, 1884.
The Punjab Frontier Regulation, 1872.
46
|Col1|ENACTMENTS REPEALED.|Col3|
|---|---|---|
|Number and year.|Title or subject of enactment.|Extent of repeal.|
|1|2|3|
|Act XXI of 1836|Creation of new Zilas.|So much as has not been repealed.|
|Act VI of 1867.|To enable the Lieutenant Governor of the Punjab to alter the limits of existing districts in any part of the territories under his government.|The whole.|
|Act VII of 1870.|The Court fees Act, 1870.|In section 20, clause (i), the words “and Revenue,” and the whole of section 23.|
|Act XXXIII of 1871.|The Punjab Land-Revenue Act, 1871.|The whole.|
|Act IV of 1872.|The Punjab Laws Act, 1872.|Section 21.|
|Act XVIII of 1884.|The Punjab Courts Act, 1884.|Chapter VI.|
|Regulation I of 1872.|The Punjab Frontier Regulation, 1872.|Rules 26 to 46 (both inclusive), comprising sections G, H, I and K of the Hazara Settlement Rules.|
-----
|
23-Sep-1887 | 16 | The Punjab Tenancy Act, 1887. | https://www.indiacode.nic.in/bitstream/123456789/19230/1/a1887-16.pdf | central | # SECTIONS.
# THE PUNJAB TENANCY ACT, 1887.
___________
# ARRANGEMENT OF SECTIONS.
__________
CHAPTER I
PRELIMINARY
1. Title, extent and commencement.
2. Power to make rules in anticipation of commencement.
3. Repealed.
4. Definitions.
CHAPTER II
RIGHT OF OCCUPANCY
5. Tenants having right of occupancy.
6. Right of occupancy of other tenants recorded as having the right before passing of Punjab Tenancy
Act, 1868.
7. Right of occupancy in land taken in exchange.
8. Establishment of right of occupancy on grounds other than those expressly stated in Act.
9. Right of occupancy not to be acquired by mere lapse of time.
10. Right of occupancy not to be acquired by joint owner in land held in joint ownership.
11. Continuance of existing occupancy rights.
CHAPTER III
RENT
_Rents generally._
12. Respective rights of landlord and tenant to produce.
13. Commutation and alteration of rent.
14. Payments for land occupied without consent of landlord.
15. Collection of rents of undivided property.
_Produce – rents._
16. Presumption with respect to produce removed before division or appraisement.
17. Appointment of referee for division or appraisement.
18. Appointment of assessors and procedure of referee.
19. Procedure after division or appraisement.
20. Enhancement of produce - rents of occupancy tenants.
21. Reduction of rents referred to in the last foregoing section.
_Cash-rents paid by tenants having rights of occupancy_
22. Enhancement of cash rents of occupancy tenants.
23. Reduction of rent referred to in the last foregoing section.
1
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# SECTIONS.
_General Provisions relating to Suits for Enhancement or Reduction of Rent._
24. Enhancement and reduction of rent by suit.
25. Discretion as to extent of enhancement or reduction.
26. Time for enhancement or reduction to take effect.
_Adjustment of Rents expressed in terms of the Land-revenue._
27. Adjustment of rents expressed in terms of the land revenue.
_Alteration of Rent on Alteration of Area._
28. Alteration of rent on alteration of area.
_Remission._
29. Remission of rent by Courts decreeing arrears.
30. Remission and suspension of rent consequent on like treatment of land revenue.
_Deposits._
31. Power to deposit rent in certain cases with Revenue officer.
32. Effect of depositing rent.
_Recovery of Rent from attached produce._
33. Recovery of rent from attached produce.
_Leases for Period exceeding Term of Assessment of Land-revenue._
34. Treatment of leases for period exceeding or equal to term of assessment of land revenue.
CHAPTER IV
RELINQUISHMENT, ABANDONMENT AND EJECTMENT.
_Relinquishment._
35. Relinquishment by tenant for a fixed term.
36. Relinquishment by any other tenant.
37. Relinquishment of part only of a tenancy.
_Abandonment_
38. Abandonment of tenancy by occupancy tenant.
_Ejectment._
LIABILITY TO EJECTMENT
39. Grounds of ejectment of occupancy tenant.
40. Grounds of ejectment of tenant for a fixed term.
41. Ejectment of tenant from year to year.
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# SECTIONS.
PROCEDURE ON EJECTMENT.
42. Restriction on ejectment.
43. Application to Revenue officer for ejectment.
44. Ejectment for failure to satisfy decree for arrear of rent.
45. Ejectment of tenant from year to year by notice.
46. Power to make rules.
GENERAL PROVISIONS RESPECTING EJECTMENT.
47. Time for ejectment.
48. Relief against forfeiture.
49. Rights of ejected tenants in respect of crops and land prepared for sowing.
RELIEF FOR WRONGFUL DESPOSSESSION.
50. Relief of wrongful dispossession or ejectment.
51. Bar of relief by suit under section 9, Act I of 1877.
_Power to vary Dates prescribed by this Chapter._
52. Power for local Government to fix dates for certain purposes.
CHAPTER V
ALIENATION OF, AND SUCCESSION TO, RIGHT OF OCCUPANCY.
_Alienation._
53. Private transfer of right of occupancy under section 5 by tenant.
54. Procedure on foreclosure of mortgage of right of occupancy under section 5.
55. Sale of right of occupancy under section 5 in execution of decree.
56. Transfer of right of occupancy under any other section than section 5.
57. Rights and liabilities of transferee of right of occupancy.
58. Subletting.
_Succession._
59. Succession to right of occupancy.
_Irregular transfers._
60. Irregular transfer of right of occupancy.
CHAPTER VI.
IMPROVEMENTS AND COMPENSATION.
_Improvements by Landlords._
61. Improvements by landlords on tenancies of occupancy-tenants.
62. Enhancement of rent in consideration of an improvement made by a landlord on the tenancy of an
occupancy-tenant.
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# SECTIONS.
_Improvements by Tenants._
63. Title of occupancy-tenant to make improvements.
64. Title of tenants not having right of occupancy to make improvements.
65. Improvements made before commencement of this Act.
66. Improvements begun in anticipation of ejectment.
67. Tender of lease for twenty years to tenant to be a bar to right to compensation.
68. Liability to pay compensation for improvements to tenants on ejectment or on enhancement of his
rent.
_Compensation for Disturbance of Clearing Tenants._
69. Compensation for disturbance of clearing tenants.
_Procedure in determining Compensation._
70. Determination of compensation by Revenue Court.
71. Determination of compensation by Revenue-officers.
72. Matters to be regarded in assessment of compensation for improvements.
73. Form of compensation.
_Relief in case of ejectment before determination of Compensation_
74. Relief in case of ejectment before determination of compensation.
CHAPTER VII.
JURISDICTION AND PROCEDURE.
_Jurisdiction._
75. Revenue-officers.
76. Applications and proceedings cognizable by Revenue-officers.
FIRST GROUP.
SECOND GROUP.
THIRD GROUP.
77. Revenue Courts and suits cognizable by them.
FIRST GROUP.
SECOND GROUP.
THIRD GROUP.
_Administrative Control._
78. Superintendence and control of Revenue-officers and Revenue Courts.
79. Power to distribute business and withdraw and transfer cases.
_Appeal, Review and Revision._
80. Appeals.
81. Limitation for appeals.
82. Review by Revenue officers.
83. Computation of periods limited for appeals and applications for review.
84. Power to call for, examine and revise proceedings of Revenue officers and Revenue Courts.
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# SECTIONS.
_Procedure._
85. Procedure of Revenue officers.
86. Persons by whom appearances may be made before Revenue officers as such and not as Revenue
Courts.
87. Costs.
88. Procedure of Revenue Courts.
89. Power of Revenue-officer or Revenue Court to summon persons.
90. Mode of service of summons.
91. Mode of service of notice, order or proclamation or copy thereof.
92. Mode of making proclamation.
93. Joinder of tenants as parties to proceedings relating to rent.
94. Exception of suits under this Act from operation of certain enactments.
95. Payment into Court of money admitted to be due to a third person.
96. Execution of decrees for arrears of rent.
97. Prohibition of imprisonment of tenants in execution of decrees for arrears of rent.
98. Power to refer party to Civil Court.
99. Power to refer to Chief Court questions as to jurisdiction.
100. Power of Chief Court to validate proceedings had under mistake as to jurisdiction.
_Miscellaneous._
101. Place of sitting.
102. Holidays.
103. Discharge of duties of Collector dying or being disabled.
104. Retention of powers by Revenue officer on transfer.
105. Conferment of powers of Revenue officer or Revenue Court.
106. Power for Financial Commissioner to make rules.
107. Rules to be made after previous publication.
108. Powers exercisable by Financial Commissioner from time to time.
CHAPTER VIII
EFFECT OF THIS ACT ON RECORDS-OF-RIGHTS AND AGREEMENTS.
109. Nullity of certain entries in records-of-rights.
110. Nullity of certain agreements contrary to the Act.
111. Saving of other agreements when in writing.
112. Effect of certain entries made in records-of-rights before November, 1871.
THE SCHEDULE.
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# THE PUNJAB TENANCY ACT, 1887
ACT NO. 16 OF 1887
PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
# (Received the assent of the Governor General on the 23[rd]
__________
# September, 1887.)
# An Act to amend the Law relating to the Tenancy of Land in the Punjab.
WHEREAS it is expedient to amend the law relating to the tenancy of land in the Punjab; It is hereby
enacted as follows: —
CHAPTER I
PRELIMINARY
# 1. Title, extent and commencement.—(1) This Act may be called the Punjab
Tenancy Act, 1887.
(2) It extent to the whole of the territories (including the pargana of Spiti) for the time being
administered by the Lieutenant – Governor of the Punjab, expect the Hazara district; and
(3) It shall come into force on such day as the Local Government, with the previous sanction of the
Governor General in Council, may by notification appointment in this behalf.
**2. Power to make rules in anticipation of commencement.— Any power conferred by this Act on**
the Financial Commissioner to make rules, and on the Local Government to sanction them, may be
exercised at any time after the passing of this Act, but a rule so made shall not take effect till the
commencement of this Act.
**3. Repeal.—The enactments mentioned in the schedule are repealed to the extent specified in the third**
column thereof.
**4. Definitions.—In this Act, unless there is something repugnant in the subject or context,—**
(1) “Land” means land which is not occupied as the site of any building in a town or village and is
occupied or has been let for agricultural purposes or for purposes subservient to agriculture, or for
pasture, and includes the sites of buildings and other structures on such land;
(2) “pay”, with its grammatical variations and cognate expressions, includes, when used with reference
to rent, “deliver” and “render”, with their grammatical variations and cognate expressions:
(3) “rent” means whatever is payable to a land-lord in money, kind or service by a tenant on account
of the use or occupation of land held by him :
(4) “arrear of rent” means rent which remains unpaid after the date on which it becomes payable:
(5) “tenant” means a person who holds land under another person, and is, or put for a special contract
would be, liable to pay rent for that land to that other person ; but it does not include—
(a) an inferior landowner, or
(b) a mortgagee of the rights of landowner, or
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(c) a person to whom a holding has been transferred, or an estate or holding has been let in farm,
under the Punjab Land-revenue Act, 1887 (XVII of 1887), for the recovery of an arrear of landrevenue or of a sum recoverable as such an arrear, or
(d) a person who takes from the Government a lease of unoccupied land for the purpose of
subletting it:
(6) “landlord” means a person under whom a tenant holds land, and to whom the tenant is, or but for a
special contract would be, liable to pay rent for that land:
(7) “tenant” and “landlord” include the predecessors and successors in interest of a tenant and landlord
respectively:
(8) “tenancy” means a parcel of land held by a tenant of a landlord under one lease or one set of
conditions:
(9) “estate”. “landowner” and “holding” have the meanings respectively assigned to those words in the
Punjab Land-revenue Act, 1887 (XVII of 1887):
(10) “land-revenue” means land-revenue assessed under any law for the time being in force or
assessable under the Punjab Land-revenue Act, 1887, and includes.—
(a) any rate imposed in respect of the increased value of land due to irrigation, and
(b) any sum payable in respect of land, by way of quit-rent or of commutation for service, to the
Government or to a person to whom the Government has assigned the right to receive the payment:
(11) “ rates and cesses” means rates and cesses which are primarily payable by landowners, and
includes—
(a) the local rate, if any, payable under the Punjab Local Rates Act, 1878 (v of 1878);
(b) the local rate, if any, payable under the Punjab District Boards Act, 1883 (XX of 1883), and any
fee leviable under section 33 of that Act from landowners for the use of or benefits derived from such
works as are referred to in section 20, clauses (i) and (j), of that Act;
(c) any annual rate chargeable on owners of lands under section 59 of the Northern India Canal and
Drainage Act, 1873 (VIII of 1873);
(d) the zaildari and village-officers’ cesses; and
(e) sums payable on account of village-expenses:
(12) “village-cess” includes any cess, contribution or due which is customarily leviable within an
estate and is neither a payment for the use of private property or for personal service nor imposed by or
under any enactment for the time being in force:
(13) “village-officer” means a chief -headman, headman or patwari:
(14) “Revenue-officer” or “Revenue Court”, in any provision of this Act, means a Revenue-officer or
Revenue Court having authority under this Act to discharge the functions of a Revenue-officer or
Revenue Court, as the case may be, under that provision:
(15) “jagirdar” includes any person, other than a village-servant, to whom the land-revenue of any land
has been assigned in whole or in part by the Government or by an officer of the Government:
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(16) “legal practitioner” means any legal practitioner within the meaning of the Legal Practitioners Act
1879 (XVIII of 1879) except a mukhtar:
(17) “agricultural year” means the year commencing on the sixteenth day of June, or on such other
date as the Local Government may by notification appoint for any local area;
(18) “notification” means a notification published by authority of the Local Government in the official
Gazette : and
(19) “improvement” means, with reference to a tenancy, any work which is suitable to the tenancy and
consistent with the conditions on which it is held, by which it is held, by which the value of the tenancy
has been and continues to be increased, and which, if not executed on the tenancy, is either executed
directly for its benefit, or is, after execution, made directly beneficial to it;
_Explanation I.— It includes, among other things,_
(a) The construction of wells and other works for the storage or supply of water for agricultural
purposes;
(b) the construction of works for drainage and for protection against floods ;
(c) the planting of trees, the reclaiming, enclosing, levelling and terracing of land for agricultural
purposes and other works of a like nature;
(d) the erection of buildings required for the more convenient or profitable cultivation of a
tenancy; and
(e) the renewal or re-construction of any of the foregoing works, or such alterations therein, or
additions thereto, as are not of the nature of mere repairs and as durably increase their value;
But it does not include such clearances, embankments, levellings, enclosures, temporary wells and
water-channels as are made by tenants in the ordinary course of cultivation and without any special
expenditure, or any other benefit accruing to land from the ordinary operations of husbandry;
_Explanation II.—A work which benefits several tenancies may be deemed to be. with respect to each_
of them, an improvement;
_Explanation III.—A work executed by a tenant is not an improvement if it substantially diminishes the_
value of any other part of his landlord’s property.
CHAPTER II.
RIGHT OF OCCUPANCY.
**5. Tenants having right of occupancy.—(1) A tenant—**
(a) who at the commencement of this Act has for more than two generations in the male line of
descent through a grandfather or grand-uncle and for a period of not less than twenty years been
occupying land paying no rent thereof beyond the amount of the land-revenue thereof and the rates
and cesses for the time being chargeable thereon, or
(b) who having owned land, and having ceased to be landowner thereof otherwise than by
forfeiture to the Government or than by any voluntary act, has, since he ceased to be landowner,
continuously occupied the land, or
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(c) who, in a village or estate in which he settled along with, or was settled by, the founder thereof
as a cultivator therein, occupied land on the twenty-first day of October, 1868, and has continuously
occupied the land since that date, or
(d) who, being jagirdar of the estate or any part of the estate in which the land occupied by him is
situate, has continuously occupied the land for not less than twenty years, or, having been such
jagirdar, occupied the land while he was jagirdar and has continuously occupied it for not less than
twenty years,
Has a right of occupancy in the land so occupied, unless, in the case of a tenant belonging to the
class specified in clause (c), the landlord proves that the tenant was settled on land previously cleared
and brought under cultivation by, or at the expense of, the founder.
(2) If a tenant proves that he has continuously occupied land for thirty years and paid no rent there for
beyond the amount of the land-revenue thereof and the rates and cesses for the time being chargeable
thereon, it may be presumed that he has fulfilled the conditions of clause (a) of sub-section (1).
(3) the words in that clause denoting natural relationship denote also relationship by adoption,
including therein the customary appointment of an heir, and relationship by the usage of a religious
community.
**6. Right of occupancy of other tenants recorded as having the right before passing of Punjab**
**Tenancy Act, 1868.—A tenant recorded in a record-of-rights sanctioned by the Local Government before**
the twenty first day of October, 1868, as a tenant having a right of occupancy in land which he has
continuously occupied from the time of the preparation of that record, shall be deemed to have a right of
occupancy in that land unless the contrary has been established by a decree of a competent Court in a suit
instituted before the passing of this Act.
7. Right of occupancy in land taken in exchange.— If the tenant has voluntarily exchanged the land,
or any portion of the land, formerly occupied by him for other land belonging to the same landlord, the
land taken in exchange shall be held to be subject to the same right of occupancy as that to which the land
given in exchange would have been subject if the exchange had not taken place.
**8. Establishment of right of occupancy on grounds other than those expressly stated in**
**Act.—Nothing in the foregoing sections of this Chapter shall preclude any person from establishing a**
right of occupancy on any ground other than the grounds specified in those sections.
**9. Right of occupancy not to be acquired by mere lapse of time.—No tenant shall acquire a right of**
occupancy by mere lapse of time.
**10. Right of occupancy not to be acquired by joint owner in land held in joint ownership.— In**
the absence of a custom to the contrary no one of several joint owners of land shall acquire a right of
occupancy under this Chapter in land jointly owned by them.
**11. Continuance of exciting occupancy rights.— Notwithstanding anything in the foregoing sections**
of this Chapter, a tenant who immediately before the commencement of this Act has a right of occupancy
in any land under an enactment specified in any line of the first column of the following table shall, when
this Act comes into force, be held to have, for all the purposes of this Act, a right of occupancy in that
land under the enactment specified in the same line of the second column of the table :—
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|PUNJAB TENANCY ACT, 1868 (XXVIII 1868)|Col2|THIS ACT.|Col4|Col5|
|---|---|---|---|---|
|FIRST COLUMN||SECOND COLUMN|||
|Section.|Clause.|Section.|Sub-Section.|Clause.|
|5|(1)|5|(1)|(a)|
|5|(2)|5|(1)|(b)|
|5|(3)|5|(1)|(c)|
|5|(4)|5|(1)|(d)|
|6|...|6|...|...|
|8|...|8|...|...|
# CHAPTER III
RENT.
_Rents generally._
**12. Respective rights of landlord and tenant to produce.—(1) The rent for the time being payable**
in respect of a tenancy shall be the first charge on the produce thereof.
(2) A tenant shall be entitled to tend, cut and harvest the produce of his tenancy in due course of
husbandry without any interference on the part of his landlord.
(3) Except where rent is taken by division of the produce, the tenant shall be entitled to the exclusive
possession of the produce.
(4) Where rent is taken by division of the produce.—
(a) the tenanat shall be entitled to the exclusive possession of the whole produce until it is divided:
(b) the landlord shall be entitled to be present at, and take part in, the division of the produce; and
(c) when the produce has been divided, the landlord shall be entitled to the possession or his share
thereof.
**13. Commutation and alteration of rent.—(1) Where rent is taken by any of the following methods,**
namely:—
(a) by division or appraisement of the produce,
(b) by rates fixed with reference to the nature of the crops grown,
(c) by a rate on a recognized measure of area,
(d) by a rent in gross on the tenency, or
(e) partly by one of the methods specified in clauses (a), (b) and (c) of this sub-section and partly
by another or others of them,
One of those methods shall not be commuted in whole or in part into another without the consent of
both landlord and tenant.
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(2) In the absence of a contract or a decree or order of competent authority to the contrary, a tenant
whose rent is taken by any of the methods specified in clauses (a), (b) and (c) of sub-section (1), or by the
method specified in clause (d) of that sub-section, shall not be liable to pay for a tenancy rent at any
higher rate, or of a higher amount, as the case may be, than the rate or amount payable in respect of the
tenancy for the preceding agricultural year.
**14. Payments for land occupied without consent of landlord.— Any person in possession of land**
occupied without the consent of the landlord shall be liable to pay for the use or occupation of that land at
the rate of rent payable in the preceding agricultural year, or, if rent was not payable in that year, at such
rate as the Court may determine to be fair and equitable.
**15. Collection of rents of undivided property. — When two or more persons are landlord of a tenant**
in respect of the same tenancy, the tenant shall not be bound to pay part of the rent of his tenancy to one
of those persons and part to another
_Produce-rents._
**16. Presumption with respect to produce remove before division of appraisement.— Where rent**
is taken by division or appraisement of the produce, if the tenant removes any portion of the produce at
such a time or in such a manner as to prevent the due division or appraisement thereof,or deals therewith
in a manners contrary to established usage the produce may be deemed to have been as full as the fullest
crop of the same description on similar lands in the neighborhood for that harvest.
**17. Appointment of referee for division or appraisement.—If either the landlord or the tenant**
neglects to attend, either personally or by agent, at the proper time for making the division or
appraisement of the produce, or if there is a dispute about the division or appraisement, a Revenue-officer
may, on the application of either party, appoint such person as he thinks fit to be a referee to divide or
appraise the produce.
**18. Appointment of assessors and procedure of referee.—(1) When a Revenue-officer appoints**
referee under the last forgoing section, he may, in his discretion, give him instructions with respect to the
association with himself of any other persons as assessors, the number, qualification and selection of
those assessor, and the procedure to be followed in making the division or appraisement.
_(2) The referee so appointed shall make the division or appraisement in accordance with any_
instructions which he may have received from the Revenue-officer under the last foregoing
sub-section.
(3) Before making the division or appraisement the referee shall give notice to the landlord and the
tenant of the time and place at which the division or appraisement will be made, but, of either the landlord
or the tenant fails to attend either personally or by agent, the referee may proceed exparte.
(4) For the purpose of making the division or appraisement, the referee, with his assessors, if any, may
enter upon any land on which or into any building in which the produce is.
**19. Procedure after division or appraisement.—(1) The result of the division or appraisement shall**
be recorded and signed by the referee, and the record shall be submitted to the Revenue-officer.
(2) The Revenue-officer shall consider the record, and, after such further inquiry, if any, as he may
deem necessary, shall make an order either confirming or varying the division or appraisement.
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(3) The Revenue-officer shall also make such order as to the costs of the reference as he thinks fit.
(4) The costs may include the remuneration of the referee and of the assessors, if any, and may be
levied from the applicant before the appointment of the referee subject to adjustment at the close of the
proceedings.
**20. Enhancement of produce-rents of occupancy tenants. —Where the rent of a tenant having a**
right of occupancy in any land is a share of the produce, or of the appraised value thereof, with or without
an addition in money, or is paid according to rates fixed with reference to the nature of the crops grown,
or is a rent in gross payable in kind, the tenant shall be entitled to occupy the land at that rent :
Provided that, when the land or any part thereof previously not irrigated or flooded becomes irrigated
or flooded, the rent payable in respect of the land or part may, subject to the provisions of this Act, be
enhanced to the share or rates, or with reference to the rent in gross, as the case may be, paid by tenants,
having a similar right of occupancy, for irrigated or flooded land of a similar description and with similar
advantages.
**21. Reduction of rents refereed to in the last foregoing section.— When the land, or any part of the**
land, held by a tenant having a right of occupancy to whom the last foregoing section applies ceases to be
irrigated or flooded, the rent payable in respect of the land or part may be reduced to the share or rates, or
with reference to the rent in gross, as the case may be, paid by tenants, having a similar right of
occupancy for unirrigated or unflooded land of a similar description and with similar advantages.
_Cash-rents paid by Tenants having right of Occupancy._
# 22. Enhancement of cash rents of occupancy tenants.—(1) Where a tenant having a right of occupancy pays his rent entirely by a cash-rate on a recognized measure of area or by a cash-rent in gross on his tenancy, the rent may be enhanced on the ground that, after deduction therefrom of the land revenue of, and the rates and cesses chargeable on, the tenancy, it is—
(a) if the tenant belongs to the class specified in clause (a) of sub-section (1) of section 5, less than two annas per rupee of the amount of the land-revenue;
(b) if he belongs to any of the classes specified in clauses (b), (c) and (d) of that sub-section less than six annas per rupee of the amount of the land-revenue ;
(c) if he belongs to the class specified in section 6, or if his right of occupancy is established under section 8 and his rent is not regulated by contract, less than twelve annas per rupee of the amount of the land-revenue.
(2) In a case to which sub-section (1) applies, the rent may be enhanced to an amount not exceeding two, six or twelve annas per rupee of the amount of the land-revenue as the case may be, in addition to the amount of the land-revenue of the tenancy and the rates and cessers chargeable thereon.
23. Reduction of rents referred to in the last foregoing section.—The rent payable buy a tenant to whom the last foregoing section applies may be reduced on the ground that the productive powers of his tenancy have been decreased by a cause beyond his control.
12
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_General Provisions relating to Suits for Enhancement or Reduction of Rent._
**24. Enhancement and reduction of rent by suit.—(1) A Revenue Court, on the suit of either**
landlord or tenant, may, subject to the provisions of this and other sections of this Act, enhance or reduce
the rent of any tenant having a right of occupancy.
(2) Where a decree for the enhancement of the rent of such a tenant has been passed under the Punjab
Tenancy Act, 1868, (XXVIII of 1868) a suit for a further enhancement of his rent shall not lie till the
expiration of five years from the date of the decree, unless in the meantime the local area in which the
land comprised in the decree is situate has been generally reassessed and the revenue payable in respect of
that land has been increased.
(3) Subject to the provisions of sub-section (2), a suit instituted for the enhancement of the rent of a
tenant having a right of occupancy shall not be entertained in either of the following cases, namely:—
(a) if within the ten years next preceding its institution his rent has been commuted under
section 13 or enhanced under this section,
(b) if within that period a decree has been passed under this Act dismissing on the merits a suit for
the enhancement of his rent, unless the land or some part of the land comprised in his tenancy, not
having been irrigated or flooded at the time of such commutation, enhancement or decree, has become
irrigated or flooded.
**25. Discretion as to extent of enhancement or reduction.—In enhancing or reducing the rent of any**
land under the foregoing provisions of this chapter, the Court shall within the limits prescribed by those
provisions, enhance or reduce the rent to such an amount as it considers fair and equitable, but shall not in
any case fix the rent at a sum less than the amount of the land-revenue of the land and the rates and cesses
chargeable thereon.
**26. Time for enhancement or reduction to take effect.—(1) Unless the Court decreeing an**
enhancement of rent otherwise directs, the enhancement shall take effect from the commencement of the
agricultural year next following the date of the decree.
(2) A Court decreeing a reduction of rent shall specify in the decree the date on from which the
reduction is to take effect.
_Adjustment of Rents expressed in terms of the Land-revenue._
**27. Adjustment of rents expressed in terms of the land-revenue.—(1) Where the rent of a tenancy**
is the whole or a share of the land-revenue thereof, with or without an addition in money, kind or service,
and the land-revenue of the holding in which the tenancy is situate is altered, a Revenue-officer having
authority under section 56 of the Punjab Land-revenue Act, 1887 (XVII of 1887), to determine the
land-revenue payable in respect of the several holdings comprised in the estate in which the tenancy is
situate shall determine also the amount of the land-revenue of the tenancy, or the proportionate share
thereof, payable by the tenant as rent.
(2) Where an addition referred to in sub-section (1) is a percentage fixed with reference to the
land-revenue of the tenancy, or the whole or a share of the rates and cesses chargeable thereon, or both,
the Revenue-officer shall in like manner from time to time alter the amount of the addition in proportion
to any alteration of such land-revenue or rates and cesses.
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(3) The sum or sums determined under the foregoing sub-sections, together with any addition
previously payable other than the additions referred to in sub-section (2), shall be the rent payable in
respect of the tenancy until there is again an alterations of the land-revenue thereof or of the rates and
cesses chargeable thereon or until the rent is enhanced by a suit under this Act.
(4) An alteration of rent under this section shall not be deemed an enhancement or reduction of rent
within the meaning of this Act.
_Alteration of Rent on Alteration of Area._
**28. Alteration of rent on alteration of area.—(1) Every tenant shall-**
(a) be liable to pay additional rent for all land proved to be in excess of the area for which rent has
been preciously paid by him, unless it is proved that the excess is due to the addition to his tenancy of
land which, having previously belonged to the tenancy, was lost by alluvion or otherwise without any
reduction of the rent being made; and
(b) be entitled to and abatement of rent in respect of any deficiency proved to exist in the area of
his tenancy as compared with the area for which rent has been previously paid by him, unless it is
proved that the deficiency is due to the loss of land which was added to the area of the tenancy by
alluvion or otherwise, and that an addition has not been made to the rent in respect of the addition to
the area.
(2) In determining the area for which rent has been previously paid, the Court shall have regard to the
following, among other matters, namely:—
(a) the origin and conditions of the tenant’s occupancy, for instance whether the rent was a rent in
gross for the entire tenancy;
(b) whether the tenant has been allowed to hold additional land in consideration of and addition to
his total rent or otherwise with the knowledge and consent of the landlord; and
(c) the length of time during which there has been no dispute as to rent or area.
(3) In adding to or abating rent under this section, the Court shall add to or abate the rent to such an
amount as it deems to be fair and equitable, and shall specify in its decree the date on and from which the
addition or abatement is to take effect.
(4) An addition to or abatement of rent under this section shall not be deemed an enhancement or
reduction of rent within the meaning of this Act.
_Remission_
**29. Remission of rent by Courts decreeing arrears.—Notwithstanding anything in the foregoing**
sections of this Chapter, if it appears to a Court making a decree for and arrear of rent that the area of a
tenancy has been so diminished by diluvion or otherwise, or that the produce thereof has been so
diminished by drought, hail, deposit of sand or other like calamity, that the full amount of rent payable by
the tenant cannot be equitably decreed, the Court may, with the previous sanction of the Collector, allow
such remission from the rent payable by the tenant as may appear to it to be just.
**30.** **Remission** **and** **suspension** **of** **rent** **consequent** **on** **like** **treatment** **of** **land**
**revenue.—(1) Wherever from any cause the payment of the whole or any part of the land-revenue**
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payable in respect of any land is remitted or suspended, a Revenue-officer may, by order, remit or
suspend, as the case may be, the payment of the rent of that land to an amount which may bear the same
proportion to the whole of the rent payable in respect of the land as the land-revenue of which the
payment has been remitted or suspended bears to the whole of the land-revenue in respect of the land.
(2) An order passed under sub-section (1) shall not be liable to be contested by suit in any Court.
(3) A suit shall not lie for the recovery of any rent of which the payment has been remitted, or, during
the period of suspension, of any rent of which the payment has been suspended.
(4) Where the payment of rent has been suspended, the period during which the suspension has
continued shall be excluded in the computation of the period of limitation prescribed for a suit for the
recovery of the rent.
(5) If the landlord collects any rent of which the payment has been remitted, or before the expiration of
the period of suspension collects any rent of which the payment has been suspended, the whole of the
land-revenue remitted or suspended in his favour shall become immediately payable by him.
(6) The provisions of this section relating to the remission and suspension of the payment of rent may
be applied, so far as they can be made applicable, to land if which the land-revenue has been released,
compounded for or redeemed, in any case in which, if the land-revenue in respect of the land had not been
released, compounded for or redeemed, the whole or any part of it might, in the opinion or the Revenueofficer, be remitted or suspended under the rules for the time being in force for regulating the remission
and suspension of land-revenue.
_Deposits._
**31. Power to deposit rent in certain cases with Revenue-officer.—In either of the following cases,**
namely:—
(a) when a landlord refuses to receive, or grant a receipt for, any rent payable in money when
tendered to him by a tenant,
(b) when a tenant is in doubt as to the person entitled to receive rent payable in money, the tenant
may apply to a Revenue-officer for leave to deposit the rent in his office, and the Revenue-officer shall
receive the deposit if, after examining the applicant, he is satisfied that there is sufficient ground for
the application and if the applicant pays the fee, if any, chargeable for the issue of the notice next
hereinafter referred to.
**32. Effect of depositing rent.—(1) When a deposit has been so received, it shall be deemed to be a**
payment made by the tenant to his landlord in respect of rent due.
(2) The Revenue-officer receiving the deposit shall give notice of the receipt thereof to every person
who he has reason to believe claims or is entitled to the deposit, and may pay the amount thereof to any
person appearing to him to be entitled thereto, or may, if he thinks fit, retain the deposit pending the
decision of a competent Court as to the person so entitled.
(3) No suit or other proceeding shall be instituted against the Secretary of State of India in Council, or
against any officer of the Government, in respect of anything done by a Revenue-officer under this
section, but noting in this sub-section shall prevent any person entitled to receive the amount of any such
deposit from recovering it from a person to whom it has been paid by a Revenue-officer.
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_Recovery of Rent form attached Produce._
**33. Recovery of Rent from attached produce.—(1) If an order is made by any Court for the**
attachment of the produce of a tenancy or of any part of a tenancy, the landlord may apply to the
Revenue-officer by whom the attachment is to be or has been made to sell the produce and pay to him out
of the proceeds of the sale thereof the amount or value of —
(a) any rent which has fallen due to him in respect of the tenancy within the year immediately
preceding the application and
(b) the rent which will be falling due after the harvesting of the produce and is chargeable
against it.
(2) The Revenue-officer shall give the person at whose instance the attachment was made an
opportunity of showing cause why the application of the landlord should not be granted, and, if he finds
the landlord’s claim to the whole or any part of the rent to be proved, he shall cause the produce or such
portion thereof as he may deem necessary to be sold, and shall apply the proceeds of the sale in the first
instance to satisfy the claim.
(3) The finding of the Revenue-officer under sub-section (2) shall have the force of a decree in a suit
between the landlord and the tenant.
_Leases for period exceeding term of Assessment of Land-revenue._
**34. Treatment of leases for period exceeding or equal to term of assessment of land-revenue.—**
(1) Where a lease has been granted, or an agreement has been entered into, by a landowner in respect of
any land assessed to land-revenue, fixing for a period exceeding the term for which the land-revenue has been
assessed the rent or other sum payable in respect of the land under the lease or agreement, and that term has
expired, the lease or agreement shall be voidable—
(a) at the option of the landowner if the land-revenue of the land has been enhanced and the person to
whom the lease has been granted or with whom the agreement has been entered into refuses to pay such
rent or other sum as a Revenue Court, on the suit of the landowner, determines to be fair and equitable;
and
where the relation of landlord and tenant exists between the grantor and grantee of the lease or between
the persons who entered into the agreement—
(b) at the option of the tenant if the land-revenue of the land has been reduced and the landlord refuses
to accept such rent as a Revenue Court, on the suit of the tenant, determines to be fair and equitable.
(2) Any agreement relative to the occupation, rent, profits or produce of any land which has been entered
into for the term of the currency of an assessment shall, unless a contrary intention clearly appears in the
agreement or the agreement is terminated by consent of parties or course of law, continue in force until a
revised assessment takes effect.
CHAPTER IV
RELINQUISHMENT, ABANDONMENT AND EJECTMENT.
_Relinquishment._
**35. Relinquishment by tenant for a fixed term.—A tenant holding for a fixed term under a contract**
or a decree or order of competent authority may relinquish his tenancy without notice at the end of that
term.
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**36. Relinquishment by any other tenant.—(1) Any other tenant may relinquish his tenancy by**
giving verbally or in writing to his landlord, or to his landlord’s agent, on or before the fifteenth day of
January in any year, notice of his intention to relinquish the tenancy at the end of the agricultural year
then current.
(2) The tenant may, instead of, or in addition to giving the notice in the manner mentioned in
sub-section (1), apply to a Revenue-officer on or before the date aforesaid to cause the notice to be served
on the landlord, and the Revenue-officer, on receiving the cost of service from the tenant, shall cause the
notice to be served as soon as may be.
(3) If the tenant does not give notice in the manner prescribed in this section, he shall be liable to pay
the rent of his tenancy for any part of the ensuing agricultural year during which the tenancy is not let by
the landlord to some other person or is not cultivated by the landlord himself.
**37. Relinquishment of part only of tenancy.—A tenant cannot, without the consent of his landlord,**
relinquish a part only of his tenancy.
_Abandonment._
**38. Abandonment of tenancy be occupancy tenant.—If a tenant having a right of occupancy fails**
for more than one year without sufficient cause to cultivate his tenancy, either by himself or some other
person, and to arrange for payment of the rent thereof as it falls due, the right of occupancy shall be
extinguished from the end of that year.
_Ejectment._
LIABILITY TO EJECTMENT.
**39. Grounds of ejectment of occupancy tenant.—A tenant having a right of occupancy shall be**
liable to be ejected from his tenancy on any of the following grounds, namely:—
(a) that he has used the land comprised in the tenancy in a manner which renders it unfit for the
purposes for which he held it;
(b) where rent is payable in kind, that he has without sufficient cause failed to cultivate that land in
the manner or to the extent customary in the locality in which the land is situate;
(c) that a decree for an arrear of rent in respect of the tenancy has been passed him and remains
unsatisfied.
**40. Grounds of ejectment of tenant for a fixed term.—A tenant not having a right of occupancy by**
holding for a fixed term under a contract or a decree or order of competent authority, shall be liable to be
ejected from his tenancy at the expiration of that term, and, on any of the following grounds, before the
expiration thereof, namely:—
(a) that he has used the land comprised in the tenancy in a manner which renders it unfit for the
purposes for which he held it ;
(b) where rent is payable in kind, that he has without sufficient cause failed to cultivate that land in
the manner or to the extent customary in the locality in which the land is situate;
_(c) on any ground which would justify ejectment under the contract, decree or order._
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**41. Ejectment of tenant from year to year.—A tenant who has not a right of occupancy, and does**
not hold for a fixed term under a contract or a decree or order of competent authority, may be ejected at
the end of any agricultural year.
PROCEDURE ON EJECTMENT.
**42. Restriction on ejectment.—A tenant shall not be ejected otherwise than in execution of a decree**
for ejectment except in the following cases, namely:—
(a) when a decree for an arrear of rent in respect of his tenancy has been passed against him and
remains unsatisfied;
(b) when the tenant has not a right of occupancy and does not hold for a fixed term under a contract
or a decree or order of competent authority.
**43. Application to Revenue-officer for ejectment.—In any such case as is mentioned in clause (a) or**
clause (b) of the last foregoing section, the landlord may apply to a Revenue-officer for the ejectrment of
the tenant in the case mentioned in the former clause or for the service on the tenant of a notice of
ejectment in the case mentioned in the latter clause.
**44. Ejectment for failure to satisfy decree for arrear of rent.—(1) On receiving the application in**
any such case as is mentioned in clause (a) of section 42 the Revenue-officer shall, after such inquiry with
respect to the existence of the arrear as he deems necessary, cause a notice to be served on the
tenant, stating the date of the decree and the amount due there under, and informing his that if he does not
pay that amount to the Revenue-officer within fifteen days from receipt of the notice he will be ejected
from the land.
(2) If the amount is not so paid, the Revenue-officer shall, subject to the provisions of this Act with
respect to the payment of compensation, order the ejectment of the tenant unless good cause is shown to
the contrary.
**45. Ejectment of tenant from year to year by notice.—(1) On receiving the application of the**
landlord in any such case as is mentioned in clause (b) of section 42, the Revenue-officer shall, if the
application is in order and not open to objection on the face of it, cause a notice of ejectment to be served
on the tenant.
(2) A notice under sub-section (1) shall not be served after the fifteenth day of November in any year.
(3) The notice shall specify the name of the landlord on whose application it is issued, and describe the
land to which it relates, and shall inform the tenant that he must vacate the land before the first day of
May next following, or that, if he intends to contest his liability to ejectment, be must institute a suit for
that purpose in a Revenue Court within two months from the date of the service of the notice.
(4) The notice shall also inform the tenant that if he does not intend to contest his liability to be ejected
and he has any claim for compensation on ejectment he should, within two months from the date of the,
service of the notice, prefer his claim to the Revenue-officer having authority under the next following
sub-section to order his ejectment in the circumstances described in that sub-section.
(5) If within two months from the date of the service of the notice the tenant does not institute a suit to
contest his liability to be ejected, a Revenue-officer, on the application of the landlord, shall, subject to
the provisions of this Act with respect to the payment of compensation, order the ejectment of the tenant:
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Provided that the Revenue-officer shall not make the order until he is satisfied that the notice was duly
served on the tenant.
(6) If within those two months the tenant institutes a suit to contest his liability to be ejected and fails
in the suit, the Court by which the suit is determined shall by its decree direct the ejectment of the tenant.
**46. Power to make rules.—The Financial Commissioner may make rules prescribing—**
(a) the form and language of applications and notices under the two last foregoing sections ; and
(b) the manner in which those applications and notices are to be signed and attested.
GENERAL PROVISIONS RESPECTING EJECTMENT.
**47. Time for ejectment.—A decree or order for the ejectment of a tenant shall not be executed at any**
other time than between the first day of May and the fifteenth day of June (both days inclusive), unless
the Court making the decree or, where the order is made under section 44, the officer making the order
otherwise directs.
**48. Relief against forfeiture.—(1) If in a suit for the ejectment of a tenant on either of the grounds**
mentioned in clauses (a) and (b) of section 39 or of section 40 it appears to the Court that the injury
caused by the act or omission on which the suit is based is capable of being remedied, or that an award of
compensation will be sufficient satisfaction to the landlord therefore, the Court may, instead of making a
decree for the ejectment of the tenant, order him to remedy the injury within a period to be fixed in the
order, or order him to pay into Court, within such a period, such compensation as the Court thinks fit.
(2) The Court may from time to time, for special reasons, extend a period fixed by it under
sub-section (1).
(3) If within the period, or extended period, as the case may be, fixed by the Court under this section,
the injury is remedied or the compensation is paid, a decree for the ejectment of the tenant shall not be
made.
**49. Rights of ejected tenants in respect of crops and land prepared for sowing.—(1) Where at the**
time of the proposed ejectment of a tenant from any land his uncut or ungathered crops are standing on
any part thereof, he shall not be ejected from that part until the crops have ripened and he has been
allowed a reasonable time to harvest them.
(2) The Court or Revenue-officer decreeing or ordering the ejectment of the tenant may, on the
application of the landlord, determine any dispute arising in consequence of the provisions of
sub-section (1) between the landlord and the tenant or between the landlord and any person entitled to
harvest discretion—
(a) direct that the tenant pay for the longer occupation of the land secured to him under
sub-section (1) such rent as may be fair and equitable, or
(b) determine the value of the tenant’s uncut and ungathered crops, and, on payment thereof by the
landlord to the Court or Revenue-officer, forthwith eject the tenant.
(3) When a tenant for whose ejectment proceedings have been taken has, comfortably with local
usage, prepared for sowing any land comprised in his tenancy, but has not sown or planted crops on that
land, he shall be entitled to receive from the landlord before ejectment a fair equivalent in money for the
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labour and capital expended by him in so preparing the land, and the Court or Revenue-officer before
which or whom proceedings, are pending shall, on the application of the tenant, determine the sum
payable to the tenant under this sub-section and stay his ejectment until that sum has been paid to him.
RELIEF FOR WRONGFUL DISPOSSESSION.
**50. Relief for wrongful dispossession or ejectment.—In either of the following cases, namely:—**
(a) if a tenant has been dispossessed without his consent of his tenancy or any part thereof
otherwise than in execution of a decree or than in pursuance of an order under section 44 or section 45,
(b) If a tenant who, not having instituted a suit under section 45, has been ejected from his tenancy
or any part thereof in pursuance of an order under that section denies his liability to be ejected,
The tenant may, within one year from the date of his dispossession or ejectment, institute a suit for
recovery of possession or occupancy, or for compensation, or for both.
**51. Bar of relief by under section 9, Act I, 1877.—Possession of a tenancy or of any land comprised**
in a tenancy shall not be recoverable under section 9 of the Specific Relief Act, 1877, (I of 1877) by a
tenant dispossessed thereof
_Power to vary Dates prescribed by this Chapter._
**52. Power for Local Government to fix dates for certain purposes.—(1) The Local Government**
may, for all or any of the territories under its administration, by notification fix for the purposes of
sections 36, 45 and 47, or of any of those sections, any other dates instead of those specified therein.
(2) A notification under this section shall not take effect till after the expiration of six months from the
date of the publication thereof.
CHAPTER V.
ALIENATION OF, AND SUCCESSION TO, RIGHT OF OCCUPANCY.
**53. Private transfer of right of occupancy under section 5 by tenant.—(1) A tenant having a right**
of occupancy under section 5 may transfer that right by sale, gift or mortgage, subject to the conditions
mentioned in this section.
(2) If he intends to transfer the right by sale, gift, mortgage by conditional sale or usufructuary
mortgage, he shall cause notice of his intention to be served on his landlord through a Revenue-officer,
and shall defer proceeding with the transfer for a period of one month from the date on which the notice is
served.
(3) Within that period of one month the landlord may claim to purchase the right at such value as a
Revenue-officer may, on application made to him in this behalf, fix.
(4) when the application to the Revenue-officer is to fix the value of a right of occupancy which is
already mortgaged, he shall fix the value of the right as if it were not mortgaged.
(5) The landlord shall be deemed to have purchased the right if he pays the value to the
revenue-officer within such time as that officer appoints.
(6) On the value being so paid, the right of occupancy shall be extinct, and the Revenue-officer shall,
on the application of the landlord, put the landlord in possession of the tenancy.
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(7) If the right of occupancy was already mortgaged, the tenancy shall pass to the landlord,
unencumbered by the mortgage, but the mortgage-debt shall be a charge on the purchase-money.
(8) If there is no such charge as aforesaid, the Revenue-officer shall, subject to any directions which he
may receive from any Court, pay the purchase-money to the tenant.
(9) If there is such a charge, the Revenue-officer shall, subject as aforesaid, either apply in discharge
of the purchase-money as the mortgage-debt so much of the purchase-money as is required for that
purpose and pay the balance, if any, to the tenant, or retain the purchase-money pending the decision of a
Civil Court as to the person or persons entitled thereto.
(10) Where there are several landlords of a tenancy, any one of them pay be deemed to be the landlord
for the purposes of this section.
(11) No suit or other preceding shall be instituted against the Secretary of State for India in Council, or
against any officer of the Government, in respect of anything done by a Revenue-officer under the two
last foregoing sub-sections, but nothing in this sub-section shall prevent any person entitled to receive the
whole or any part of the purchase-money from recovering it from a person to whom it has been paid by a
Revenue-officer.
**54. Procedure on foreclosure of mortgage of right of occupancy under section 5.—Where a**
mortgagee of a right of occupancy under section 5 proposes to foreclose his mortgage, or otherwise
enforce his lien on the land subject to the right, the provisions of the last foregoing section shall, so far as
they can be made applicable, apply as if the mortgagee were the tenant.
**55. Sale of right of occupancy under section 5 in execution of decree.—(1) A right of occupancy**
under section 5 may be sold in execution of a decree or order of a Court ;
(2) But notice of an intended sale of any such right shall be given by the Court to the landlord, and if at
any time before the close of the day on which the sale takes place the landlord pays to the Court or to the
officer conducting the sale a deposit of twenty-five per centum on the highest bid made at the sale, he
shall be declared to be the purchaser instead of the person who made that bid.
**56. Transfer of right of occupancy under any other section than section 5.—A right of occupancy**
under any other section than section 5 shall not be attached or sold in execution of a decree or order of
any Court or, without the previous consent in writing of the landlord, be transferred by private contract.
**57. Rights and liabilities of transferee of right of occupancy.—When a right of occupancy has been**
transferred by sale, gift or usufructuary mortgage to a person other than the landlord, that person shall, in
respect of the land in which the right subsists, have the same rights, and be subject to the same
liabilities, as the tenant to whom before the transfer the right belonged had and was subject to.
**58. Subletting.—(1) A tenant having a right of occupancy in land may, subject to the provisions of**
this Act and to the conditions of any written contract between him and his landlord, sublet the land or any
part thereof for any term not exceeding seven years.
(2) A person to whom land is sublet by a tenant having a right of occupancy therein shall, in respect of
that land, and so far as regards the landlord, be, jointly with the tenant, subject to all the liabilities of the
tenant under this Act.
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_Succession._
**59. Succession to right of occupancy.—(1) When a tenant having a right of occupancy in any land**
dies, the right shall devolve.—
(a) on his male lineal descendants, if any, in the male line of descent, and,
(b) failing such descendants, on his widow, if any until she dies or re-marries or abandons the land
or is under the provisions of this Act ejected therefrom, and,
(c) failing such descendants and widow, or, if the deceased tenant left a widow, then when her
interest terminates under clause (b) of this sub-section, on his male collateral relatives in the male line
of descent from the common ancestor of the deceased tenant and those relatives :
Provided, with respect to clause (c) of this sub-section, that the common ancestor occupied the
land.
(2) As among descendants and collateral relatives claiming under sub-section (1), the right shall,
subject to the provisions of that sub-section, devolve as if it were land left by the deceased in the village
in which the land subject to the right is situate.
(3) When the widow of a deceased tenant succeeds to a right of occupancy, she shall not transfer the
right by sale, gift or mortgage, or by sub-lease for a term exceeding one year.
(4) If the deceased tenant has left no such persons as are mentioned in sub-section (1) on whom his
right of occupancy may devolve under that sub-section, the right shall be extinguished.
_Irregular Transfers._
**60. Irregular transfer of right of occupancy.—Any transfer made of a right of occupancy in**
contravention of the foregoing provisions of this Chapter shall be avoidable at the instance of the
landlord.
________
CHAPTER VI.
IMPROVEMENTS AND COMPENSATION.
_Improvements by Landlords._
**61. Improvements by landlords on tenancies of occupancy-tenants.—(1) Without the previous**
permission of the Collector a landlord shall not make an improvement on the tenancy of a tenant having a
right of occupancy.
(2) If a landlord desires to make such an improvement he may apply to the Collector for permission to
make it, and the Collector shall, before making an order on the application, hear the objection, if any, of
the tenant.
(3) In making an order on an application under sub-section (2) the Collector shall, be guided by such
rules, if any, as the Local Government may, with the previous sanction of the Governor General in
Council, make in this behalf.
**62. Enhancement of rent in consideration of an improvement made by a landlord on the tenancy**
**of an occupancy-tenant.—(1) When a landlord has, with the permission mentioned in the last foregoing**
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section, made an improvement on the tenancy of a tenant having a right of occupancy, he may apply to
the Collector fir an enhancement of the rent of the tenant.
(2) If the tenant is a tenant to whom section 20 applies, the Collector shall enhance his rent to the share
or rates, or with reference to the rent in gross, as the case may be, paid by tenants, having a similar right
of occupancy, for land of a similar description and with similar advantages.
(3) If the tenant is a tenant to whom section 22 applies, the Collector shall enhance his rent to such
amount as the tenant would be liable to pay under that section if the land-revenue were re-assessed.
(4) When the improvement ceases to exist, the Collector may, on the application of the tenant, reduce
the tenant’s rent,—
(a) in the case of a tenant to whom sub-section (2) applies, to the share or rates, or with reference to
the rent in gross, as the case may be, paid by tenants, having a similar right of occupancy, for land of a
similar description and with similar advantages, and
(b) in the case of a tenant to whom sub-section (3) applies, to such an amount as the tenant would
be liable to pay if the land revenue were re-assessed.
(5) Sections 25 and 26 shall be construed as applying to an application under this section, and a suit
shall not lie in any Court for any purpose for which an application might be made under this section.
_Improvements by Tenants._
**63. Title of occupancy-tenant to make improvements.—A tenant having a right of occupancy is**
entitled to make improvements on his tenancy.
**64. Title of tenants not having right of occupancy to make improvements.—(1) A tenant not**
having a right of occupancy may make improvements on his tenancy with the assent of his landlord.
(2) If at any time the question arises whether or not the landlord assented to the making of an
improvement by a tenant not having a right of occupancy, the assent may be inferred from circumstances.
**65. Improvements made before commencement of this Act.—Improvements made by a tenant**
before the commencement of this Act shall be deemed to have been made in accordance with this Act,
unless in the case of a tenant not having a right of occupancy it is shown that the improvement was made
in contravention of a written agreement between him and his landlord.
**66. Improvements begun in anticipation of ejectment.—A tenant ejected in execution of a decree,**
or in pursuance of a notice of a notice of ejectment, shall not be entitled to compensation for any
improvement begun by him after the institution of the suit, or service of the notice, which resulted in his
ejectment.
**67. Tender of lease for twenty years to tenant to be a bar to right to compensation.—If a landlord**
tenders to a tenant a lease of his tenancy for a term of not less than twenty years from the date of the
tender at the rent then paid by the tenant, or at such other rent as may be agreed on, the tender if, accepted
by the tenant, shall bar any claim by him to compensation in respect of improvements previously made on
the tenancy.
**68. Liability to pay compensation for improvements to tenant on ejectment or on enhancement**
**of his rent.—Subject to the foregoing provisions of this Chapter, a tenant who has made an improvement**
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on his tenancy in accordance with this Act shall not be ejected, and the rent payable by him shall not be
enhanced, until he has received compensation for the improvement.
_Compensation for Disturbance of Clearing Tenants._
**69. Compensation for disturbance of clearing tenants.—(1) A tenant who has cleared and brought**
under cultivation waste-land in which he has not a right of occupancy shall, if ejected from that land, be
entitled to receive from the landlord as compensation for disturbance, in addition to any compensation for
improvements, a sum to be determined by a Revenue Court or Revenue-officer in accordance with the
merits of the case, but not exceeding five years’ rent of the land:
Provided that a tenant who is a joint owner of land to which this section applies shall not be entitled to
compensation for disturbance on ejectment from the land or any part thereof.
(2) If rent has been paid for the land by division or appraisement of the produce, or by rates fixed with
reference to the nature of the crops grown, or if not rent, or no rent other than the land revenue of the land
and the rates and cesses chargeable thereon, has been paid therefor, the compensation may be computed
as if double the amount of the land-revenue of the land were the annual rent thereof.
_Procedure in determining Compensation._
**70. Determination of compensation by Revenue Courts.—(1) In every suit by a tenant to contest his**
liability to ejectment or by a landlord to eject a tenant or to enhance his rent, the Court shall direct the
tenant to file a statement of his claim, if any, to compensation for improvements or for disturbance and of
the grounds thereof.
(2) If the Court decrees the ejectment of the tenant or the enhancement of his rent, it shall determine
the amount of compensation, if any, due to the tenant, and shall stay execution of the decree until the
landlord pays into Court that amount less any arrears of rent or costs proved to the satisfaction f the Court
to be due to him from the tenant.
**71. Determination of compensation by Revenue-officers.—In either of the following cases,**
namely—
(a) when a notice has been served on a tenant under section 44,
(b) when a notice of ejectment has been served on a tenant under section 45 and the tenant has not
instituted a suit to contest his liability to be ejected, the tenant may apply to the Revenue-officer
having authority to order his ejectment under section 44 or section 45, as the case may be, to
determine the amount of compensation due to him for improvements or for disturbance, or for both,
and the Revenue-officer shall determine the amount, if any, accordingly and stay the ejectment of the
tenant until the landlord pays to the Revenue-officer the amount so determined less any arrears of rent
or costs proved to the satisfaction of the Revenue-officer to be due to the landlord from the tenant.
**72. Matters to be regarded in assessment of compensation for improvements.—In estimating the**
compensation to be awarded under this Chapter to a tenant for an improvement, the Court or Revenueofficer shall have regard to—
(a) the amount by which the value or the produce of the tenancy, or the value of that produce, is
increased by the improvement;
(b) the condition of the improvement and the probable duration of its effects;
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(c) the labour and capital required for the making of such an improvement;
(d) any reduction or remission of rent or other advantage allowed to the tenant by the landlord in
consideration of the improvement; and
(e) in the case of a reclamation, or of the conversion of unirrigated into irrigated land the length of
time during which the tenant has had the benefit of the improvement.
**73. Form of compensation.—(1) the compensation shall be made by payment in money, unless the**
parties agree that it be made in whole or in part by the grant of a beneficial lease of land or in some other
way.
(2) If the parties so agree, the Court or Revenue-officer shall, make an order accordingly.
_Relief in case of ejectment before Determination of Compensation._
**74. Relief in case of ejectment before determination of compensation.—(1) If from any cause the**
amount of compensation payable to a tenant—
(a) under this Chapter for improvements or disturbance, or
(b) under section 49 for the value of uncut or ungathered crops or the preparation of land for
sowing, has not been determined before the tenant is ejected, the ejectment shall not be invalidated by
reason of the omission, but the Court or Revenue-officer which decreed or who ordered the ejectment
may, on application made by the tenant within one year from the date of the ejectment, correct the
omission by making in favour of the tenant an order for the payment to him by the landlord of such
compensation as the Court or officer may determine the tenant to be entitled to.
(2) An order made under sub-section (1) may be executed in the same manner as a decree for money
may be executed by a Revenue Court.
CHAPTER VII
JURISDICTION AND PROCEDURE.
_Jurisdiction._
**75. Revenue-officers.—(1) There shall be the same classes of Revenue-officers under this Act as**
under the Punjab Land-revenue Act, 1887 (XVII of 1887) and, in the absence of any order of the Local
Government to the contrary, a Revenue-officer of any class having jurisdiction within any local limits
under that Act shall be a Revenue-officer of the same class having jurisdiction within the same local
limits under this Act.
(2) the expressions “Collector” and “Financial Commissioner” have the same meaning in this Act as in
the Punjab Land-Revenue Act, 1887.
**76. Applications and proceedings cognizable by Revenue-officers.—(1) the following applications**
and proceedings shall be disposed of by Revenue-officers as such, and no Court shall take cognizance of
any dispute or matter with respect to which any such application or proceeding might be made or had:—
FIRST GROUP
_(a) proceedings under section 27 for the adjustment of rents expressed in terms of the land-revenue;_
(b) proceedings relating to the remission and suspension of rent under section 30;
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(c) applications under section 43 for the ejectment of a tenant against whom a decree for an arrear
of rent in respect of his tenancy has been passed and remains unsatisfied;
(d) applications under section 45, sub-section (5) for the ejectment of a tenant on whom a notice of
ejectment has been served and who has not instituted a suit to contest his liability to be ejected but has
claimed compensation under section 71;
(e) applications under section 53 or section 54 for the fixing of the value of a right of occupancy;
(f) applications under section 53 or section 54 by landlords for possession of land, the right of
occupancy in which has become extinct;
(g) proceedings under Chapter VI with respect to the award of compensation for improvements or
disturbance;
SECOND GROUP
(h) application under section 17 with respect to the division or appraisement of produce;
(i) applications under section 45, sub-section (5), for the ejectment of a tenant on whom a notice of
ejectment has been served and notice of ejetment has been served and who has not instituted a suit to
contest his liability to be ejected and has not claimed compensation under section 71;
(j) applications for the determination.—
(i) under section 49 of the rent payable for land occupied by crops uncut or ungathered at the
time of an order being made for the ejectment of a tenant; or
(ii) under section 49 or section 74 of then value of such crops or of the sum payable to the tenant
for labour and capital expended by him in preparing land for sowing.
THIRD GROUP
(k) applications under section 31 by tenants to deposit rent;
(l) applications under section 36 for service of notice of relinquishment;
(m) applications under section 43 for service of notice of ejectment;
(n) applications under section 53 or section 54 for service of notice of intended transfer or of
intended foreclosure or other enforcement of lien;
(2) Except as otherwise provided by any rule made by the Financial Commissioner in this behalf,—
(a) a Collector or an Assistant Collector of the first grade may dispose of any of the applications
and proceedings mentioned in sub-section (1);
(b) an Assistant Collector of the second grade, not being a Naib-Tehsildar, may dispose of any of
the applications mentioned in the second and third groups of that sub-section; and
(c) a Naib-Tehsildar, when invested with the powers of an Assistant Collector of the second grade,
may dispose of any of the applications mentioned in the third group of that sub-section.
**77. Revenue Court an suit cognizable by them.—(1) When a Revenue-officer is exercising**
jurisdiction with respect to any such suit as is described in sub-section (3), or with respect to an appeal or
other proceeding arising out of any such suit, he shall be called a Revenue Court.
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(2) There shall be the same classes of Revenue Courts as of Revenue-officers under this Act, and, in
the absence of any order of the Local Government to the contrary, a Revenue-officer of any class having
jurisdiction within any local limits under this Act shall be a Revenue Court of the same class having
jurisdiction within the same local limits.
(3) The following suits shall be Instituted in and heard and determined by Revenue Courts, and no
other Court shall take cognizance of any dispute or matter with respect to which any such suit might be
instituted:—
FIRST GROUP.
(a) Suits between landlord and tenant for enhancement or reduction of rent under section 24;
(b) Suits between landlord and tenant for addition to or abatement of rent under section 28 or for
commutation of rent;
(c) Suits under section 34 for the determination of rent or other sum on the expiration of the term of an
assessment of land-revenue;
SECOND GROUP.
(d) suits by a tenant to establish a claim to a right of occupancy, or by a landlord to prove that a tenant
has not such a right;
(e) suits by a landlord to eject a tenant;
(f) suits by a tenant under section 45 to contest liability to ejectment, when notice of ejectment has
been served ;
(g) suits by a tenant under section 50 for recovery of possession or occupancy, or for compensation, or
for both;
(h) suits by a landlord to set aside a transfer made of a right of occupancy, or to dispossess a person to
whom such a transfer has been made, or for both purposes;
(i) any other suit between landlord and tenant arising out of a lease or conditions on which a tenancy is
held;
(j) suits for sums payable on account of village cesses or village-expenses;
(k) suits by a co-sharer in an estate or holding for a share of the profits thereof or for a settlement of
accounts;
(l) suits for the recovery of over-payments of rent or land-revenue or of any other demand for which a
suit lies in a Revenue Court under this sub-section:
(m) Suits relating to the emoluments of kanungos, zaildars, inamdars or village-officers;
THIRD GROUP.
(n) Suits by a landlord for arrears of rent or the money-equivalent of rent, or for sums recoverable
under section 14;
(o) Suits by a landowner to recover moneys claimed as due for the enjoyment of rights in or over land
or in water, including rights of irrigation, rights over fisheries, rights of pasturage and forest-rights;
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(p) Suits for sums payable on account of land-revenue or of any other demand recoverable as an arrear
of land-revenue under any enactment for the time being in force, and by a superior landowner for other
sums due to him as such.
(4) Except as otherwise provided by any rule made by the Financial Commissioner in this behalf,—
(a) a Collector may near and determine any or the suits mentioned in sub-section (3) ;
(b) an Assistant Collector of the first grade may hear and determine any of the suits mentioned in the
second and third groups of that sub-section, and, if he has by name been specially empowered in this
behalf by the Local Government, any of the suits mentioned in the first group; and
(c) an Assistant Collector of the second grade may hear determine any of the suits mentioned in the
third group.
_Administrative Control._
**78. Superintendence and control of Revenue-officers and Revenue Courts.—(1) The general**
superintendence and control over all other Revenue-officers and Revenue Courts shall be vested in, and
all such officers and Courts shall be subordinate to, the Financial Commissioner.
_(2) Subject to the general superintendence and control of the Financial Commissioner, a_
Commissioner shall control all other Revenue-officers and Revenue Courts in his division.
(3) Subject as aforesaid and to the control of the Commissioner a Collector shall control all other
Revenue-officers and Revenue Courts in his district.
**79. Power to distribute business and withdraw and transfer cases.—(1) The Financial**
Commissioner or a Commissioner or Collector may by written order distribute, in such manner as he
thinksfit, any business cognizable by any Revenue-officer or Revenue Court under his control.
(2) the Financial Commissioner or a Commissioner or Collector may withdraw any case pending
before any Revenue-officer or Revenue Court under his control, and either dispose of it himself or by
written order refer it for disposal to any other Revenue-officer or Revenue Court under his control.
(3) An order under sub-section (1) or sub-section (2) shall not empower any Revenue-officer or
Revenue Court to exercise any powers or deal with any business which he or it would not be competent to
exercise or deal with within the local limits of his or its own jurisdiction.
Appeal, Review and Revision.
**80. Appeals.—Subject to the provisions of this Act and the rules thereunder, an appeal shall lie from**
an original or appellate order or decree made under this Act by a Revenue-officer or Revenue Court; as
follows, namely :—
(a) to the Collector when the order or decree is made by an Assistant Collector of either grade;
(b) to the Commissioner when the order or decree is made by a Collector;
(c) to the Financial Commissioner when the order or decree is made by a Commissioner:
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Provided that —
_(i) an appeal from an order or decree made by an Assistant Collector of the first grade specially_
empowered by name in that behalf by the Local Government in a suit mentioned in the first group
of sub-section (3) of section 77 shall lie to the Commissioner and not to the Collector;
(ii) when an original order or decree is confirmed on first appeal, a further appeal shall not lie;
(iii) when any such order or decree is modified or reversed on appeal by the Collector, the order
or decree made by the Commissioner on further appeal, if any, to him shall be final.
**81. Limitation for appeals.—the period of limitation for an appeal under the last foregoing section**
shall run from the date of the order or decree appealed against, and shall be as follows, that is to say:—
(a) when the appeal lies to the Collector—thirty days;
(b) when the appeal lies to the Commissioner—sixty days;
(c) when the appeal lies to the Financial Commissioner—ninety days;
**82. Review by Revenue-officers.—(1) A Revenue-officer, as such, may either of his own motion or**
on the application of any party interested, review, and on so reviewing modify, reverse or confirm any
order passed by himself or by any of his predecessors in office :
Provided as follows: —
(a) when a Commissioner or Collector thinks it necessary to review any order which he has not
himself passed and when a Revenue-officer of a class below that of Collector proposes to review any
order whether passed by himself or by any of his predecessors in officer he shall first obtain the
sanction of the Revenue-officer to whose control he is immediately subject;
(b) an application for review of an order shall not be entertained unless it is made within ninety
days from the passing of the order or unless the applicant satisfies the Revenue-officer that he had
sufficient cause for not making the application within that period;
(c) an order shall not be modified or reversed unless reasonable notice has been given to the parties
affected there by to appear and be heard in support of the order;
(d) an order against which an appeal has been preferred shall not be reviewed.
(2) For the purposes of this section the Collector shall be deemed to be the successor in office of any
Revenue-officer of a lower class who has left the district or has ceased to exercise powers as a
Revenue-officer and to whom there is no successor in office.
(3) An appeal shall not lie from an order refusing to review, or confirming on review, a previous order.
**83. Computation of periods limited for appeals and applications for review.—In the computation**
of the period for an appeal from, or an application for the review of, an order under this Act, the limitation
therefore shall be governed by the Indian Limitation Act, 1877, (XV of 1877).
**84. Power to call for examine and revise proceedings of Revenue-officers and Revenue**
**Courts.—(1) The Financial Commissioner may at any time call for the record of any case pending before**
or disposed of by, any Revenue-officer or Revenue Courts subordinate to him.
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(2) A Commissioner or Collector may call for the record of any case pending before or disposed of by,
any Revenue-officer or Revenue Court under his control.
(3) If in any case in which a Commissioner or Collector has called for a record he is of opinion that the
proceedings taken or the order or decree made should be modified or reversed he shall submit the record
with his opinion on the case for the orders of the Financial Commissioner.
(4) If, after examining a record called for by himself under sub-section (1) or submitted to him under
sub-section _(3), the Financial Commissioner is of opinion that it is inexpedient to interfere with the_
proceedings or the order or decree, he shall pass an order accordingly.
(5) If, after examining the record the Financial Commissioner is of opinion that it is expedient to
interfere with the proceedings or the order or decree on any ground on which the Chief Court in the
exercise of its revisional jurisdiction may under the law fir the time being in force interfere with the
proceedings or an order or decree of a Civil Court, he shall fix a day for hearing the case, and may, on
that or any subsequent day to which he may adjourn the hearing on which he may appoint in this
behalf, pass such order as he thinks fit in the case.
(6) Except when the Financial Commissioner fixes under sub-section (5) a day for hearing the case, no
party has any right to be heard before the Financial Commissioner when exercising his powers under this
section.
_Procedure._
**85. Procedure of Revenue-officers.—(1) The Local Government may make rules consistent with this**
Act for regulating the procedure of Revenue-officers under this Act in cases in which a procedure is not
prescribed by this Act.
(2) The rules may provide, among other matters, for the mode of enforcing orders of ejectment from,
and delivery of possession of, immoveable property, and rules providing for those matters may confer on
a Revenue-officer all or any of the powers in regard to contempts, resistance and the like which a Civil
Court may exercise in the execution of a decree whereby it has adjudged ejectment from, or delivery of
possession of, such property.
(3) The rules may also provide for the mode of executing orders as to costs and may adapt to
proceedings under this Act all or any of the provisions of the Punjab Land-Revenue Act, 1887, (XVII of
1887) with respect to arbitration.
(4) Subject to the rules under this section, a Revenue-officer may refer any case which he is
empowered to dispose of under this Act to another Revenue-officer for investigation and report, and may
decide the case upon the report.
**86. Persons by whom appearance, may be made before Revenue-officers as such and not as**
**Revenue Courts.—(1) Appearances before a Revenue-officer as such, and application to and acts to be**
done before him, under this Act may be made or done.
(a) by the parties themselves, or
(b) by their recognized agents or a legal practitioner :
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Provided that the employment of a recognized agent or legal practitioner shall not excuse the personal
attendance of a party to any proceeding in any case in which personal attendance is specially required by
an order of the officer.
(2) For the purposes of sub-section (1), recognized agents shall be such persons as the Local
Government may by notification declare in this behalf.
(3) The fees of a legal practitioner shall not be allowed as cost in any proceeding before a Revenueofficer under this Act, unless that officer considers, for reasons to be recorded by him in writing, that the
fees should be allowed.
**87. Costs.—(1) A Revenue-officer may give and apportion the costs of any proceeding under this Act**
in any manner he thinks fit ;
(2) But if he orders that the costs of any such proceeding shall not follow the event, he shall record his
reasons for the order.
**88. Procedure of Revenue-Courts.—(1) The Local Government may, with the previous sanction of**
the Governor General in Council, make rules consistent with this Act for regulating the procedure of
Revenue Courts in matters under this Act for which a procedure is not prescribed thereby, and may by
any such rule direct that any provisions of the Code of Civil Procedure shall apply with or without
modification to all or any classes of cases before those Courts.
(2) Until rules are made under sub-section (1), and subject to those rules when made and to the
provisions of this Act,—
(a) the Code of Civil Procedure shall, so far as it is applicable, apply to all proceedings in Revenue
Courts whether before or after decree; and
(b) the Financial Commissioner shall, in respect of those proceedings be deemed to be the High
Court within the meaning of that Code, and shall, subject to the provisions of this Act, exercise, as
regards the Courts under his control, all the powers of a High Court under the Code.
**89. Power of Revenue, officer or Revenue Court to summon persons.—(1) A Revenue-officer or**
Revenue Court may summon any person whose attendance he or it considers necessary for the purpose of
any application, suit or other business before him or it as a Revenue-officer or Revenue Court.
(2) A person so summoned shall be bound to appear at the time and place mentioned in the summons
in person or, if the summons so allows, by his recognized agent or a legal practitioner.
(3) The person attending in obedience to the summons shall be bound to state the truth upon any
matter respecting which he is examined or makes statements and to produce such documents and other
things relating to any such matter as the Revenue-officer or Revenue Court may require.
**90. Mode of service of summons.—(1) A summons issued by a Revenue-officer or Revenue Court**
shall, if practicable, be served (a) personally on the person to whom it is addressed, or failing him on (b)
his recognized agent or (c) an adult male member of his family who is residing with him.
(2) If service cannot be made, or if acceptance of service so made is refused, the summons may be
served by posting a copy thereof at the usual or last known place of residence of the person to whom it is
addressed, or, if that person does not reside in the district in which the Revenue-officer is employed or the
Revenue Court is held, and the case to which the summons relates has reference to land in that district,
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then by posting a copy of the summons on some conspicuous place in or near the estate wherein the land
is situate.
_(3) If the summons relates to a case in which persons having the same interest are so numerous that_
personal service on all of them is not reasonably practicable, it may, if the Revenue-officer or Revenue
Court so directs, be served by delivery of a copy thereof to such of those persons as the officer or Court
nominates in this behalf and by proclamation of the contents thereof for the information of the other
persons interested.
(4) A summons may if, the Revenue-officer or Revenue Court so directs, be served on the person
named therein, either in addition to, or in substitution for, any other mode of service, by forwarding the
summons by post in a letter addressed to the person and registered under Part III of the Indian Post Office
Act 1866 (XIV of 1866).
_(5) When a summons is so forwarded in a letter and it is proved that the letter was properly addressed_
and duly posted and registered, the officer or Court may presume that the summons was served at the time
when the letter would be delivered in the ordinary course of post.
**91. Mode of service of notice, order or proclamation or copy thereof.—A notice, order or**
proclamation, or copy of any such document, issued by a Revenue-officer or Revenue Court for service
on any person shall be Served in the manner provided in the last foregoing section for the service of a
summons.
**92. mode of making proclamation.—When a proclamation relating to any land is issued by a**
Revenue-officer or Revenue Court, it shall in addition to any other mode of publication which may be
prescribed by any enactment for the time being in force, be made by beat of drum or other customary
method, and by the posting of a copy thereof on a conspicuous place in or near the land to which it
relates.
**93. Joinder of tenants as parties to proceedings relating to rent.—(1) Any number of tenants**
cultivating in the same estate may, in the discretion of the Revenue-officer or Revenue Court and subject
to any rules which the Local Government may make in this behalf, be made parties to any proceeding
under Chapter III ;
(2) But a decree or order shall not be made in any such proceeding unless the Revenue-officer or
Revenue Courts is satisfied that all the parties thereto have had an opportunity of appearing and being
heard.
(3) A decree or order made in any such proceeding shall specify the extent to which each of the tenants
is affected thereby.
**94. Exception of suits under this Act from operation of certain enactments.—Nothing in section**
424 of the Code of Civil Procedure (XIV OF 1882) or in section 36 of the Punjab Municipal Act 1884,
(XIII of 1884) shall be construed to apply to a suit of a class mentioned in section 77 of this Act.
**95. Payment into Court of money admitted to be due to third person.—(1) When a defendant**
admits that money is due from him on account of rent, but pleads that it is due not to the plaintiff but to a
third person, the Court shall, except for special reasons to be recorded by it, refuse to take cognizance of
the plea unless the defendant pays into Court the amount so admitted to be due.
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(2) Where such a payment is made the Court shall forthwith cause notice of the payment to be served
on the third person.
_(3) Unless the third person within three months from the receipt of the notice institutes a suit against_
the plaintiff and therein obtains and order restraining payment of the money it shall be paid to the plaintiff
on his application to the Court therefor.
(4) Nothing in this section shall affect the right of any person to recover from the plaintiff money paid
to him under sub-section (3).
(5) When a defendant pays money into Court under this section, the Court shall give the defendant a
receipt, and the receipt so given shall operate as, an acquittance in the same manner and to the same
extent as if it had been given by the plaintiff or the third person, as the case may be.
**96. Execution of decrees for arrears of rent.—A Court passing a decree for an arrear of rent may, on**
the oral application of the decree-holder, order execution thereof against the moveable property of the
tenant, and against any uncut or ungathered crops on the tenancy in respect of which the arrear is decreed.
**97. Prohibition of imprisonment of tenants in execution of decrees for arrear of rent.—A tenant**
shall not during the continuance of his occupancy be liable to imprisonment on the application of his
landlord in execution of a decree for an arrear of rent.
**98. Power to refer party to Civil Court.—(1) If, in any proceeding pending before a Revenue Court**
exercising original, appellate or revisional jurisdiction, it appears to the Court that any question in issue is
more proper for decision by a Civil Court, the Revenue Court may, with the previous sanction of the
Court, if any, to the control of which it is immediately subject, require, by order in writing, any party to
the proceeding to institute, within such time as it may fix in this behalf, a suit in the Civil Court for the
purpose of obtaining a decision on the question, and, if he fails to comply with the requisition, may decide
the question as it thinks fit.
(2) If the party institutes the suit in compliance with the requisition, the Revenue Court shall dispose
of the proceeding pending before it in accordance with the final decision of the Civil Court of first
instance or appeal, as the case may be.
**99. Power to refer to Chief Court questions as to jurisdiction.—(1) If the presiding officer of a**
Civil or Revenue Court in which a suit has been instituted doubts whether he is precluded from taking
cognizance of the suit, he may refer the matter through the Divisional Judge or Commissioner, or, if he is
a Divisional Judge or Commissioner, directly to the Chief Court.
(2) On any such reference being made the Chief Court may order the presiding officer either to
proceed with the suit or to return the plaint for presentation in such other Court as it may in its order
declare to be competent to take cognizance of the suit.
(3) The order of the Chief Court on any such reference shall be conclusive as against persons who are
not parties to the suit as well as against persons who are parties thereto.
**100. Power of Chief Court to validate proceedings held under mistake as to jurisdiction.—(1) In**
either of the following cases, namely : —
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(a) if it appears to a Civil Court that a Court under its control has determined a suit of a class
mentioned in section 77 which under the provisions of that section should have been heard and
determined by a Revenue Court, or
(b) if it appears to a Revenue Court that a Court under its control has determined a suit which
should have been heard by a Civil Court the Civil Court or Revenue Court, as the case may be, shall
submit the record of the suit to the Chief Court.
(2) If on perusal of the record it appears to the Chief Court that the suit was so determined in god faith,
and that the parties have not been prejudiced by the mistake as to jurisdiction, the Chief Court may order
that the decree be registered in the Court which had jurisdiction.
(3) If it appears to the Chief Court, otherwise than on submission of a record under subsection (1),
that a Civil Court under its control has determined a suit of a class mentioned in section 77 which under
the provisions of that section should have been heard and determined by a Revenue Court, the Chief
Court may pass any order which it might have passed if the record had been submitted to it under that
sub-section.
(4) With respect to any proceeding subsequent to decree, the Chief Court may make such order for its
registration in a Revenue court or Civil Court as in the circumstances appears to be just and proper.
(5) An order of the Chief Court under this section shall be conclusive as against persons who were not
parties to the suit or proceeding as well as against persons who were parties thereto, and the decree or
proceeding to which the order relates shall have effect as if it had been made or had by the Court in which
the order has required it to be registered.
(6) The provisions of this section shall apply to any suit instituted on or after the first day of
November, 1884 and to proceedings arising out or any such suit.
_Miscellaneous._
**101. Place of sitting.—(1) An Assistant Collector may exercise his powers under this Act at any place**
within the limits of the district in which he is employed.
(2) Any other Revenue-officer or Revenue court may only exercise his or its powers under this Act
within the local limits of his or its jurisdiction.
**102. Holidays.—(1) The Financial Commissioner, with the approval of the Local Government, shall**
publish in the local Official Gazette before the commencement of each calendar year a list of days to be
observed in that year as holidays by all or any Revenue-officers and Revenue Courts.
(2) A Proceeding had before a Revenue-officer or Revenue court on a day specified in the list as a day
to be observed by the officer or Court as a holiday shall not be invalid by reason only of its having been
had on that day.
**103. Discharge of duties of Collector dying or being disabled.—When a Collector dies or is**
disabled from performing his duties, the officer who succeeds temporarily to the chief executive
administration of the district under any orders which may be generally or specially issued by the Local
Government in this behalf shall be deemed to be a Collector under this Act.
**104. Retention of powers by Revenue-officer on transfer.—When a Revenue-officer of any class**
who, either as such or as a Revenue Court, has under the foregoing provisions of this Act any powers to
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be exercised in any local area is transferred from that local area to another as a Revenue-officer or
Revenue Court of the same or a higher, class, he shall continue to exercise those powers in that other local
area, unless the Local Government otherwise directs or has otherwise directed.
**105. Conferment of power of Revenue-officer or Revenue Court.—(1) The Local Government may**
by notification confer on any person.—
(a) all or any of the powers of a Financial Commissioner, Commissioner or Collector under this
Act, or
(b) all or any of the powers with which an Assistant Collector of either grade is, or may be,
invested thereunder,
and may by notification withdraw any powers as conferred.
(2) A person on whom powers are conferred under sub-section (1) shall exercise those powers within
such local limits and in such classes of cases as the Local Government may direct, and, except as
otherwise directed by the Local Government, shall for all purposes connected with the exercise thereof be
deemed a Financial Commissioner, Commissioner, Collector or Assistant Collector, as the case may be.
(3) Before conferring powers on the Judge of a Civil Court under sub-section (1), the Local
Government shall consult the Chief Court.
(4) If any of the powers of a Collector under section 78, section 79, section 80 or section 82 are
conferred on an Assistant Collector, they shall, unless the Local Government by special order otherwise
directs, be exercised by him subject to the control of the Collector.
**106. Power for Financial Commissioner to make rules.—(1) The Financial Commissioner may, in**
addition to the other rules which may be made by him under this Act, make rules consistent with this Act
and any other enactment for the time being in force—
(a) determining, notwithstanding anything in any record-or-rights, the number and amount of the
instalments and the times by and at which rent is to be paid;
(b) for the guidance of Revenue-officers in determining, for the purposes of this Act, the amount of
the land-revenue of any land;
_(c) prescribing, for all or any of the territories to which this Act extends the periods during which in_
proceedings held under this Act, a Revenue-officer or Revenue Court is not, except for reasons of
urgency to be recorded, to issue any process of arrest against, tenant or against a landowner who
cultivates his own land;
(d) regulating the procedure in cases where persons are entitled to inspect records of Revenueofficer or Revenue Courts, or to obtain copies of the same, and prescribing the fees payable for
searches and copies ;
_(e) prescribing forms for such books, entries, statistics and accounts as the Financial Commissioner_
thinks necessary to be kept, made or compiled in Revenue-officers or Revenue Courts or submitted to
any authority;
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_(f) declaring what shall be the language of any of those offices and Courts, and determining in what_
cases persons practising in those officers and Courts shall be permitted to address the presiding
officers thereof in English; and
(g) generally for the guidance of Revenue-officers and other persons in matters connected with the
enforcement of this Act.
_(2) Until rules are made under clause (a) of sub-section (1), rent shall be payable by the instalments_
and at the times by and at which it is now payable.
(3) Rules made by the Financial Commissioner under this or any other section of this Act shall not
take effect until they have been sanctioned by the Local Government.
**107. Rules to be made after previous publication.—The power to make any rules under this Act is**
subject to the control of the Governor General in council, and to the condition of the rules being made
after precious publication.
**108. Powers exercisable by Financial Commissioner from time to time.—all powers conferred by**
this Act on the Financial Commissioner may be exercised from time to time as occasion requires.
CHAPTER VIII.
EFFECT OF THIS ACT ON RECORD-OF-RIGHTS AND AGREEMENTS.
**109. Nullity of certain entries in records-of-rights.—An entry in any record-of-rights providing.—**
(a) that a landlord may prevent a tenant from making, or eject him for making, such improvements
on his tenancy as he is entitled to make under this Act, or
(b) that a tenant ejected form his tenancy shall not be entitled to compensation for improvements
or for disturbance in any case in which he would under this Act be entitled to compensation
therefor, or
(c) that a landlord may eject a tenant otherwise than in accordance with the provisions of this Act,
shall be void to that extent.
**110. Nullity of certain agreements contrary to the Act.—(1) Nothing in any agreement made**
between a landlord and a tenant after the passing of this Act shall.—
(a) override any of the provisions of this Act with respect to the acquisition of a right of occupancy,
or the reduction, remission or suspension of rent, or the enhancement of the rent of a tenant having a
right of occupancy under section 5 or section 6, or
(b) take away or limit the right of a tenant as determined by this Act to make improvements and
claim compensation therefor, or, where compensation for disturbance can be claimed under this Act, to
claim such compensation, or
(c) entitle a landlord to eject a tenant otherwise than in accordance with the provisions of
this Act.
(2) Nothing in clause _(a) of sub-section (1) shall apply to an agreement by which a tenant binds_
himself to pay an enhanced rent in consideration of an improvement which has been, or is to be, made in
36
-----
respect of his tenancy by, or at expense of, his landlord, and to the benefit of which the tenant is not
otherwise entitled.
**111. Saving of other agreements when in writing.—Save as expressly provided in this Act, nothing**
in this Act shall affect the operation of any agreement between a landlord and a tenant, when the
agreement either is in writing or has been recorded in a record-of-rights before the passing of the Punjab
Land-Revenue Act, 1887, (XVII of 1887) or been entered by order of a Revenue-officer in a record-ofrights or annual record under the provisions of that Act.
**112. Effect of certain entries made in records-of-rights before November 1871.—An entry made**
with respect to any of the following matters before the eighteenth day of November, 1871 and attested by
the proper officer, in the record of a regular settlement sanctioned by the local Government, namely :
(a) the enhancement or abatement of the rent of a tenant having a right of occupancy, or the
commutation of rent in kind into rent in money or of rent in money into rent in kind, or the taking of
rent in kind by division or appraisement of the produce or other procedure of a like nature, or
(b) the letting or under-letting of land in which there is a right of occupancy by the tenant having
that right, or the alienation of or succession to land in which such a right subsists;
shall be deemed to be an agreement within the meaning of the last foregoing section.
37
-----
THE SCHEDULE.
_See_ _Section 2._
ENACTMENTS REPEALED.
Title.
2
_Act of the Governor General in Council._
Punjab Tenancy Act.
Northern India Canal and Drainage Act.
Punjab Judicial Administration Act.
Punjab Courts Act.
___________
38
|Col1|ENACTMENTS REPEALED.|Col3|
|---|---|---|
|Number and year.|Title.|Extent of repeal.|
|1|2|3|
|XXVIII of 1868.|Punjab Tenancy Act.|The whole.|
|---|---|---|
|VIII of 1873.|Northern India Canal and Drainage Act.|Section 40 to 43, both inclusive|
|XIV of 1875.|Punjab Judicial Administration Act.|So much as has not been repealed.|
|XVIII of 1884.|Punjab Courts Act.|Section 3, clauses (1), (2), (4), (5), (6) and (7); the whole of Chapter V; the last seventeen words of sub-section (1) of section 67; section 70 so far as regards Revenue Courts; and section 75.|
-----
|
23-Sep-1887 | 19 | The King of Oudh's Estate Act, 1887 | https://www.indiacode.nic.in/bitstream/123456789/19228/1/a1887-19.pdf | central | # THE KING OF OUDH’S ESTATE ACT, 1887
_____________
ARRANGEMENT OF SECTIONS.
____________
# SECTIONS.
1. Administration of the estate of the late king of Oudh by the Governor General in Council.
2. Indemnity to Agent to the Governor General.
3. Effect of Act.
1
-----
# THE KING OF OUDH’S ESTATE ACT, 1887.
____________
ACT NO. XIX OF 1887.
____________
# PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
(Received the assent of the Governor General on the 23[rd] September, 1887.)
___________
# An Act to provide for the Administration of the Estate of His late Majesty the King of Oudh.
WHEREAS His late Majesty Wajid Ali Shah, Kind of Oudh, was during his lifetime exempt from the
jurisdiction of the Civil Courts, and it is expedient to make provision for the administration of his
estate otherwise than under the authority of those Courts; It is hereby enacted as follows :—
**1. Administration of the estate of the late king of Oudh by the Governor General in**
**Council.—(1) The Governor General in Council shall have exclusive authority to act in the**
administration of the property of whatever nature left by His late Majesty the King of Oudh in regard
to the settlement and satisfaction of claims against the estate of His Late Majesty, and may make
distribution of the remaining property or the proceeds thereof in such manner as he deems fit among
the family and dependents of His late Majesty.
(2) No act of the Governor General in Council in connection with the administration to or
distribution of the property left by His late Majesty shall be liable to be questioned in any Court.
**2. Indemnity to Agent to the Governor General.—The Agent to the Governor General with His**
late Majesty, and all persons acting under his order, are hereby indemnified and discharged from
liability in respect of all acts done by him or them since the twentieth day or September, 1887, in
connection with the preservation and administration of the estate of His late Majesty, and no suit or
other proceeding shall be instituted in any Court against him or them, or against the Secretary of State
for India in Council, in respect of those acts or any of them.
**3. Effect of Act.—This Act shall take effect notwithstanding any testamentary or other disposition**
which may have been made by His late Majesty, and notwithstanding any proceedings which may
have been or may be instituted before any Civil Court for administering his estate or collecting the
debts due to it, and any person who under any probate howsoever, has received or realised any portion
of the estate of His late Majesty shall be bound to account therefor to such officer as the Governor
General in Council may appoint in this behalf.
2
-----
|
2-Mar-1888 | 04 | The Indian Reserve Forces Act, 1888 | https://www.indiacode.nic.in/bitstream/123456789/2314/1/A1888-4.pdf | central | # THE INDIAN RESERVE FORCES ACT, 1888 ________
ARRANGEMENT OF SECTIONS
________
SECTION
1. Title and commencement.
2. Division of Reserve Forces into Regular and Supplementary Reserves.
3. Locality of service of Reserves.
4. Power to make rules for regulation of Reserve Forces.
5. Liability of Reserve Forces to military law.
6. Punishment of certain offences by persons belonging to Reserve Forces.
7. Reinstatement in civil employ of persons belonging to Reserve Forces on termination of periods of
training, muster or Army services.
8. Preservation of certain rights of persons belonging to Reserve Forces when called up for training,
muster or army service.
1
-----
# THE INDIAN RESERVE FORCES ACT, 1888
ACT NO. 4 OF 1888[1 ]
An Act to regulate [2][the] Indian Reserve Forces.
[2nd March, 1888.]
WHEREAS it is expedient to provide for the Government, discipline and regulation of [2][the] Indian
Reserve Fortes; It is hereby enacted as follows: —
**1. Title and commencement.—(1) This Act may be called the Indian Reserve Forces Act,**
1888; and
(2) It shall come into force on such day[3] as the Central Government may, by notification in the Official
Gazette, appoint in this behalf.
**4[2. Division of Reserve Forces into Regular and Supplementary Reserves.—The Indian**
Reserve Forces shall consist of the Regular Reserve and the Supplementary Reserve.]
**3. Locality of service of Reserves.— [5]*** A person belonging to the [6][Indian Reserve Forces] shall**
be liable to serve beyond the limits of [7][India] as well as within those limits.
8* - - -
**4. Power to make rules for regulation of Reserve Forces.—[9][(1)] The Central Government**
may [10][by notification in the Official Gazette,] make rules and orders for the government, discipline and
regulation of the Indian Reserve Forces.
10[(2) Every rule and every order made under sub-section (1) shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total period of thirty days which may
be comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in mating any
modification in the rule or order or both Houses agree that the rule or order should not be made, the rule
or order shall thereafter have effect only in such modified form or of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule or order.]
**5. Liability of Reserve Forces to military law.—Subject to [11]***** such rules and orders as
may be made under section 4, a person belonging to the Indian Reserve Forces shall, as an officer, or
soldier, as the case may be, be subject to military law in the same manner and to the same extent as a
person belonging to [12][the Regular Army].
1. The Act has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963. s. 2 and the First
Schedule (w.e.f. 1-7-1965): Lakshadweep by Reg. 8 of 1965. s. 3 and the Schedule (w.e.f. 1-10-1967) and to
Pondicherry by Reg. 7 of 1963, s. 3 and the First Schedule (w.e.f. 1-10-1963).
2. Subs. by the A.O. 1950, for “Her Majesty’s”.
3. The Act came into force on the 26[th] may, 1888, see Gazette of India of same date, Pt. I, p. 239
4. Subs. by Act 12 of 1931, s. 2, for section 2.
5. The brackets and figure “(1)” omitted, by s. 3, ibid.
6. Subs. by s. 3, ibid., for “Active Reserve”.
7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “the territories comprised within Part A States and Part C Sates”.
8. Sub-section (2) omitted by Act 12 of 1931, s. 3.
9. S. 4 renumbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984).
10. Ins. by s. 2 and Schedule, ibid (w.e.f. 15-3-1984).
11. The words and figure “the provision of section 3 with respect to persons belonging to the Garrison Reserve and to” omitted
by Act 12 of 1931, s. 4.
12. Subs. by the A.O. 1950, for “Her Majesty’s Indian Forces”
2
-----
**6. Punishment of certain offences by persons belonging to Reserve Forces.—(1) If a person**
belonging to the Indian Reserve Forces—
(a) when required by or in pursuance of any rule or order under this Act to attend at any place, fails
without reasonable excuse to attend in accordance with such requirement, or
(b) fails without reasonable excuse to comply with any such rule or order, or
(c) fraudulently obtains any pay or other sum contrary to any such rule or order, he shall be liable—
(i) on conviction by a court-martial, to such punishment other than death, transportation or
imprisonment for a term exceeding one year as such Court is by the [1][Army Act, 1950 (46 of
1950)] empowered to award, or
(ii) on conviction by [2] [a Presidency Magistrate or] a Magistrate of the first class, to
imprisonment for-a term which may extend, in the case of a first offence under this section, to six
months, and, in the ease of any subsequent offence thereunder, to one year.
(2) Where a person belonging to the Indian Reserve Forces is required by or in pursuance of any rule
or order under this Act to attend at any place, a certificate purporting to be signed by an officer appointed
by such a rule or order in this behalf, and stating that the person so required to attend failed to do so in
accordance with such requirement, shall, without proof of the signature or appointment of such officer, he
evidence of the matters stated therein.
(3) Any person charged with an offence under this section may be taken into and kept in either
military or civil custody, or partly into and in one description of custody and partly into and in the other,
or be transferred from one description of custody to the other.
3[7. **Reinstatement in civil employ of persons belonging to Reserve Forces on termination of**
**periods of trailing, muster or Army service.—(1) If a person belonging to the Indian Reserve Forces is,**
during the period of his employment under an employer, called up for training, muster or army service in
pursuance of his liability under any rule or order under this Act, it shall be the duty of every such
employer to reinstate the person in his employment on the termination of the period of his training,
muster or army service in an occupation and under conditions not less favourable to him than those which
would have been applicable to him had his employment not been so interrupted:
Provided that if the employer refuses to reinstate such person or denies his liability to reinstate such
person, or if for any reason reinstatement of such person is represented by the employer to be
impracticable, either party may refer the matter to the authority prescribed in this behalf by rules made
under this Act, and that authority shall, after considering all matters which may be put before it and after
making such further inquiry into the matter as may be prescribed in the said rules, pass an order—
(a) exempting the employer from the provisions of this section, or
(b) requiring the employer to re-employ such person on such terms as the authority thinks suitable,
or
(c) requiring the employer to pay to such person by way of compensation for failure or inability to
re-employ, a sum not exceeding an amount equal to six months’ remuneration at the rate at which his
last remuneration was payable to him by the employer.
(2) If any employer fails to obey the order of any such authority as is referred to in the
proviso to sub-section (1), he shall be punishable with fine which may extend to one thousand
rupees, and the court by which an employer is convicted under this section shall order him (if he
has not already been so required by the said authority) to pay to the person whom he has
failed to re-employ a sum equal to six months remuneration at the rate at which his last remuneration
1. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for “Indian Army Act, 1911”.
2. Ins. by Act 12 of 1931, s. 5.
3. Ins. by Act 3 of 1958, s. 2. Section 7 was rep. by s. 6, ibid.
3
-----
was payable to him by the employer, and any amount so required to be paid either by the said authority or
by the court shall be recoverable as if it were a fine imposed by such court.
(3) In any proceeding under this section it shall be a defence for an employer to prove that the person
formerly employed did not apply to the employer for reinstatement within a period of two months from
the termination of the period of his training, muster or army service.
(4) The duty imposed by sub-section (1) upon an employer to reinstate in his employment a person
such as is described in that sub-section shall attach to an employer who, before such person is actually
called up for training, muster or army service, terminates his employment in circumstances such as to
indicate an intention to evade the duty imposed by that sub-section, and such intention shall be presumed
until the contrary is proved, if the termination takes place after the issue of orders calling him up for
training, muster or army service under this Act.
**8. Preservation of certain rights of persons belonging to Reserve Forces when called up for**
**training, muster or army service.—When any person belonging to the Indian Reserve Forces and called**
up for training, muster or army service in pursuance of his liability under any rule or order under this Act
has any rights under any provident fund or superannuation fund or other scheme for the benefit of
employees maintained in connection with the employment he relinquishes, he shall continue, so long as
he is engaged in training, muster or army service and if he is reinstated, until such reinstatement under the
provisions of this Act, to have in respect of such fund or scheme, such rights as may be prescribed by
rules made under this Act.]
4
-----
|
12-Oct-1888 | 12 | The City of Bombay Municipal (Supplementary) Act, 1888 | https://www.indiacode.nic.in/bitstream/123456789/19546/1/a1888-12.pdf | central | # The City of Bombay Municipal (Supplementary) Act, 1888
ACT NO. XII OF 1888.
PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
(Received the assent of the Governor General on the 12th _October,1888.)_
An Act to supplement certain provisions of the City of Bombay Municipal Act, 1888, and of the
Calcutta Municipal Consolidation Act,1889.
WHEREAS it is expedient to supplement by legislation in the Council of the Governor General for
making Laws and Regulations certain provisions of the City of Bombay Municipal Act, 1888, and of
the Calcutta Municipal Consolidation Act, 1889; It is hereby enacted as follows :—
**1. Confirmation of the City of Bombay Municipal Act, 1888, and the Calcutta Municipal**
**Consolidation Act,1889, so far as regards Benches, Magistrates and Courts of Small Causes**
.—The City of Bombay Municipal Act,1888, and the Calcutta Municipal Consolidation Act,1889,
shall, so far as regards—
(a) the jurisdiction thereby conferred upon Appellate Benches of Municipal Authorities and upon
Presidency and other Magistrates and Courts of Small Causes or any Judge of such a Court, and
(b) the decisions, orders and other proceedings of those Benches, Magistrates and Courts or of
any such Judge,
be as valid as if they had been passed by the Governor General of India in Council at a meeting
for the purpose of making Laws and Regulations.
**2. Reference of questions by the Chief Judge of the Bombay Small Cause Court to the Bombay**
**High Court .—** (1) If before or on the hearing of an appeal under section 217 of the City of Bombay
Municipal Act,1888, any question of law or usage having the force of law, or the construction of a
document, which construction may affect the merits, arises, on which the Chief Judge of the Court of
Small Causes of Bombay entertains reasonable doubt, the Chief Judge may, either of his own motion or
on the application of either or any of the parties, draw up a statement of the facts of the case and the
point on which doubt is entertained, and refer the statement, with his own opinion on the point, for the
decision of the High Court of Judicature at Bombay.
(2) When a reference is made to the High Court under sub-section (1), the provisions of sections
618 to 621, both inclusive, of the Code of Civil Procedure (XIV of 1882.) shall, so far as they can be
made applicable, apply to the Chief Judge of the Court of Small Causes and to the High Court,
respectively.
**3. Appeal to the Bombay High Court from certain orders of the Chief Judge of the Bombay**
**Small Cause Court.—** (1) An appeal shall lie to the High Court of Judicature at Bombay from a
decision passed by the Chief Judge of the Court of Small Causes of Bombay under section 503 or
section 504 of the City of Bombay Municipal Act, 1888, when the amount of the claim in respect of
which the decision is passed exceeds two thousand rupees.
(2) The provisions of the Code of Civil Procedure (XIV of 1882.) with respect to appeals from
original decrees shall, so far as they can be mad applicable, apply to appeals under sub-section (1), and
orders passed therein by the High Court may, on application to the Chief Judge of the Court of Small
Causes, be executed by him as if they were decrees made by himself.
-----
(3) A decision passed by the Chief Judge of the Court of Small Causes of Bombay under section
503 or section 504 of the City of Bombay Municipal Act, 1888, shall, if an appeal does not lie
therefrom under sub-section (1), be final.
**4. Appeal to the Bombay High Court from orders of Presidency Magistrates in Bombay.—** (1)
An appeal shall lie to the High Court of Judicature at Bombay from an order passed by a Presidency
Magistrate under section 515 of the City of Bombay Municipal Act, 1888.
(2) The High Court may from time to time make rules for regulating the admission of appeals under
sub-section (1) and the procedure to be followed in the adjudication thereof.
(3) When an appeal has been preferred to the High Court under this section, the Municipal
Commissioner for the City of Bombay shall defer action upon the order of the Presidency Magistrate
until the appeal has been disposed of .
(4) But, when the appeal has been disposed of, he shall forthwith give effect to the order passed
therein by the High Court, or, if the order of the Presidency Magistrate has not been disturbed by the
High Court, then to his order.
(5) When disposing of an appeal under this section the High Court may direct by whom the costs of
the appeal are to be paid, and whether in whole or in what part or proportion.
(6) Costs so directed to be paid may, on application to a Presidency Magistrate, be recovered by
him, in accordance with the direction of the High Court, as if they were a fine imposed by himself.
**5. Period of limitation for appeals to the Bombay High Court under the two last foregoing**
**sections.— An appeal to the High Court of Judicature at Bombay under either of the two last foregoing**
sections shall, for the purposes of No. 156 of the second schedule to the Indian Limitation Act,
1877(XV of 1877.), be deemed to be an appeal under the Code of Civil Procedure(XIV of 1882.) in a
case not provided for by No. 151 and No. 153 of that schedule.
-----
|
26-Oct-1888 | 14 | The King of Oudh's Estate Act, 1888 | https://www.indiacode.nic.in/bitstream/123456789/19279/1/a1888-14.pdf | central | THE KING OF OUDH’S ESTATE
__________
ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Transfers of property by and to the Agent to the Governor General in Council, and institution of
legal proceedings by him.
2. Consequences ensuring on death, resignation or removal Agent.
1
-----
ACT No. XIV OF 1888
PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUCIL.
(Received the assent of the Governor General on the 26[th] October, 1888.)
An Act to make further provision for the Administration of the Estate of His late Majesty the King of Oudh.
WHEREAS Act XIX of 1887 (an Act to provide for the Administration of the Estate of His late Majesty the
King of Oudh) enacts that the Governor General in Council shall have exclusive authority to act in the
administration of the property nature left by His late Majesty the King of Oudh in regard to the
settlement and satisfaction of claims against the estate of His late Majesty, and may make distribution
of the remaining property or the proceeds thereof in such manner as he deems fit among the family and
dependents of His late Majesty;
And whereas it is expedient to provide for the mode in which property may be transferred, and suits
and other proceedings may be instituted, in the course of the administration of the estate of His late Majesty;
It is hereby enacted as follow: —
**1. Transfers of property by and to the Agent to the Governor General in Council, and institution**
**of legal proceedings by him.—Subject to the control of the Governor General in Council, the person for**
the time being holding the office of Agent to the Governor General in Council for the Affairs of the late
King of Oudh and for the Purposes of Act XIX of 1887, may—
(a) in his own name and by his name of office dispose of any moveable and immoveable property
of His late Majesty the King of Oudh in as full and effectual a manner as His Majesty could have
disposed of it in his lifetime;
(b) by his name of office take a conveyance of any moveable or immoveable property in which His
late Majesty had a beneficial interest; and
(c) by his name of office institute any suit or other proceeding in any Civil, Criminal or Revenue
Court in connection with the possession of any moveable or immoveable property belonging to the
estate of His late Majesty or the dispossession of any person of any such property, or the recovery of
rents, debts or other moneys due to the estate, or otherwise in connection with the administration of the
estate.
**2. Consequences ensuring on death, resignation or removal Agent.—On the departure from British**
India, or the death, resignation or removal, of an Agent to the Governor General for the Affairs and Purposes
aforesaid, the following consequences shall ensue, namely:—
(a) any moveable or immoveable property vested in him as such Agent shall become vested in his
successor in office, and
(b) a suit or other proceeding instituted by his name of office may be continued by his successor in
office in the same manner as if the departure or the death, resignation or removal had not occurred.
2
-----
|
14-Feb-1890 | 01 | The Revenue Recovery Act, 1890 | https://www.indiacode.nic.in/bitstream/123456789/2315/1/A1890-1.pdf | central | # THE REVENUE RECOVERY ACT, 1890 _________
ARRANGEMENT OF SECTIONS ________
SECTIONS
1. Title and extent.
2. Definitions.
3. Recovery of public demands by enforcement of processes in other districts than those in which
they become payable.
4. Remedy available to person denying liability to pay amount recovered under last foregoing section.
5. Recovery by Collectors of sums recoverable as arrears of revenue by other public officers or by
local authorities.
6. Property liable to sale under this Act.
7. Saving of local laws relating to revenue.
8. Recovery in India of certain public demands arising beyond India.
9. Recovery in India of land revenues’ etc., accruing in Burma.
10. Duty of Collectors to remit moneys collected in certain cases.
THE SCHEDULE.
-----
# THE REVENUE RECOVERY ACT, 1890
# ACT NO. 1 OF 1890[1]
[14th February, 1890.]
# An Act to make better provision for recovering certain public demands.
WHEREAS it is expedient to make better provision for recovering certain public demands; It is hereby
enacted as follows:—
**1. Title and extent.—(1) This Act may be called the Revenue Recovery Act, 1890.**
2[(2) It extends to the whole of India except 3[*the State of Jammu and Kashmir];] 4***
5* - - -
**2. Definitions.—In this Act, unless there is something repugnant in the subject or context,—**
(1) “district” includes a presidency-town;
(2) “Collector” means the chief officer in charge of the land-revenue administration of a district;
and
(3) “defaulter” means a person from whom an arrear of land-revenue, or a sum recoverable as an
arrear of land-revenue, is due, and includes a person who is responsible as surety for the payment of
any such arrear or sum.
**3. Recovery of public demands by enforcement of processes in other districts than those in**
**which they become payable.—(1) Where an arrear of land-revenue, or a sum recoverable as an arrear of**
land-revenue, is payable to a Collector by a defaulter being or having property in a district other than that
in which the arrear accrued or the sum is payable, the Collector may send to the Collector of that other
district a certificate in the form as nearly as may be of the Schedule, stating—
(a) the name of the defaulter and such other particulars as may be necessary for his identification,
and
(b) the amount payable by him and the account on which it is due.
(2) The certificate shall be signed by the Collector making it [6][or by any officer to whom such
Collector may, by order in writing, delegate this duty], and, save as otherwise provided by this Act, shall
be conclusive proof of the matters therein stated.
(3) The Collector of the other district shall, on receiving the certificate, proceed to recover the
amount stated therein as if it were an arrear of land-revenue which had accrued in his own district.
1. This Act has been modified in its application to the Benares Family Domains, _see s.15 of the Benares Family Domains_
Act, 1904 (U.P. Act 3 of 1904).
The Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Schedule, extended
to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule (w.e.f. 1-7-1965), to the
Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule (w.e.f. 1-10-1967) and to the Union territory of
Pondicherry by Act 26 of 1968, s. 3 and the Schedule.
The Act has been amended in Assam by the Assam Act 16 of 1971.
2. Subs. by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order, 1947 (G.G.O. 31, dated the
10th December, 1947) (Gazette of India, 1947, Extraordinary, p. 1333), for sub-section (2).
3. Subs. by Act 33 of 1950, s. 2 and the Schedule, for “Part B States”.
4. The word “and” rep. by Act 10 of 1914, s. 3 and the Second Schedule.
5. Sub-section (3) rep. by s. 3 and the Second Schedule, ibid.
6. Ins. by Act 4 of 1914, s. 2 and the Schedule, Part I.
*. Now applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh by the Notification of
Government of India, M/o Home Affairs vide No. S.O. 3912 (E), dated 30th October, 2019 (w.e.f. 31-10-2019).
-----
**STATE AMENDMENTS**
**Assam**
**Insertion of new section.—After Section 3 of the principal Act, the following shall be inserted as**
section 3A, namely:—
**“3A.—Certificate Officers to perform the functions of Collector in respect of certificates**
**received.—Notwithstanding anything to the contrary contained in this Act, when any certificate is**
received under this Act, by the Collector of a District, any certificate officer in the district may exercise
all the powers and perform all the duties and functions of such Collector under this Act, in respect of such
certificate.
_Explanation—In this section ‘Certificate Officer’ has the same meaning as in the Bengal Public_
Demands Recovery Act, 1913 (Bengal Act III of 1913).”
[Vide Assam Act 16 of 1971, s. 2.]
**4. Remedy available to person denying liability to pay amount recovered under last foregoing**
**section.—(1) When proceedings are taken against a person under the last foregoing section for the**
recovery of an amount stated in a certificate, that person may, if he denies his liability to pay the amount
or any part thereof and pays the same under protest made in writing at the time of payment and signed by
him or his agent, institute a suit for the repayment of the amount or the part thereof so paid.
(2) A suit under sub-section (1) must be instituted in a Civil Court having jurisdiction in the local area
in which the office of the Collector who made the certificate is situate, and the suit shall be determined in
accordance with the law in force at the place where the arrear accrued or the liability for the payment of
the sum arose.
(3) In the suit the plaintiff may, notwithstanding anything in the last foregoing section, but subject to
the law in force at the place aforesaid, give evidence with respect to any matter stated in the certificate.
[1][(4) This section shall apply if under this Act as in force as part of the law of [2][Pakistan or] Burma,
or under any other similar Act forming part of the law of [2][Pakistan or] Burma, proceedings are taken
against a person in [3][Pakistan or Burma, as the case may be,] for the recovery of an amount stated in a
certificate made by a Collector in [4][any State to which this Act extends].]
**5. Recovery by Collectors of sums recoverable as arrears of revenue by other public officers or**
**by local authorities.—Where any sum is recoverable as an arrear,of land-Revenue of any public officer**
other than a Collector or by local authority, the Collector of the district in which the office of that officer
or authority is situate shall, on the request of the officer or authority, proceed to recover the sum as if it
were an arrear of land-revenue which had accrued in his own district, and may send a certificate of the
amount to be recovered to the Collector of another district under the foregoing provisions of this Act, as if
the sum were payable to himself.
**6. Property liable to sale under this Act.—(1) When the Collector of a district receives a certificate**
under this Act, he may issue a proclamation prohibiting the transfer or charging of any immovable
property belonging to the defaulter in the district.
(2) The Collector may at any time, by order in writing, withdraw the proclamation, and it shall be
deemed to be withdrawn when either the amount stated in the certificate has been recovered or the
property has been sold for the recovery of that amount.
(3) Any private alienation of the property or of any interest of the defaulter therein, whether by sale,
gift, mortgage or otherwise, made after the issue of the proclamation and before the withdrawal thereof,
1. Ins. by the A.O.1937.
2. Ins. by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order, 1941 (G.G.O. 31, dated the 10th
December, 1947), (Gazette of India, 1947, Extraordinary, p. 1333).
3. Subs., ibid., for “Burma”.
4. Subs. by Act 33 of 1950, s. 2 and the Schedule for “a Part A State or a Part C State”.
-----
shall be void as [1][against the [2][Government]] and any person who may purchase the property at a sale
held for the recovery of the amount stated in the certificate.
(4) Subject to the foregoing provisions of this section, when proceedings are taken against any
immovable property under this Act for the recovery of an amount stated in a certificate, the interest of the
defaulter alone therein shall be so proceeded against, and no incumbrances created, grants made or
contracts entered into by him in [3]good faith shall be rendered invalid by reason only of proceedings being
taken against those interests.
(5) A proclamation under this section shall be made by beat of drum or other customary method and
by the posting of a copy thereof on a conspicuous place in or near the property to which it relates.
**7. Saving of local laws relating to revenue.—Nothing in the foregoing sections shall be construed—**
(a) to impair any security provided by, or affect the provisions of, any other enactment for the
time being in force for the recovery of land-revenue or of sums recoverable as arrears of landrevenue, or
(b) to authorise the arrest of any person for the recovery of any tax payable to the corporation,
commissioner, committee, board, council or person having authority over a municipality under any
enactment for the time being in force.
**8. Recovery in India of certain public demands arising beyond India.—When this Act has been**
applied to any local area which is under the administration of [4][the Central Government [5]***] but which
is not part of [6][ [7]*** India], an arrear of land-revenue accruing in that local area, or a sum recoverable as
an arrear of land-revenue and payable to a Collector or other public officer or to a local authority in that
local area, may be recovered under this Act in [6][ [7]*** India].
8[9. Recovery in India of land revenues, etc., accruing in Burma.—(1) The Central Government
may direct[9] that an arrear of land-revenue accruing in Burma or a sum recoverable in Burma as an arrear
of land-revenue and payable to a Collector or other public officer or to a local authority in Burma may be
recovered under this Act in [10]*** India and thereupon such arrear or sum shall be so recoverable:
Provided that the Central Government shall not give any such direction unless it is satisfied that the
remedy available under section 4 of this Act in [10]*** India to a person paying under protest in [10]*** India
an arrear accruing in [10]*** India is available under Burma law in Burma to a person paying under protest
in [10]*** India an arrear accruing in Burma.
(2) For recovering by virtue of this section any arrears of tax, penalty due under the enactments
relating to income-tax or super-tax in force in Burma, the Collector shall have such additional powers as
he has in the case of Indian income-tax and super-tax under the proviso to section 46(2) of the Income-tax
Act, 1922 (11 of 1922).
11[(3) Sub-sections (1) and (2) shall apply in relation to Pakistan as they apply in relation to Burma.]
**10. Duty of Collectors to remit moneys collected in certain cases.—Where a Collector receives a**
certificate under this Act from, a Collector of another State or a Collector in [8][Pakistan or] Burma, he
shall remit any sum recovered by him by virtue of that certificate to that Collector, after deducting his
expenses in connection with the matter.]
1. Subs. by the A O.1937, for “against the Government”.
2. Subs. by the A.O. 1948, for “Crown”.
3. See definition in the General Clauses Act, 1897 (10 of 1897), s. 22.
4. Subs. by the A.O. 1937, for “the G. G. in C.”.
5. The words “or the Crown Representative” omitted by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery
Acts) Order, 1947 (G. G. O. 31, dated the 10th December, 1947) (Gazette of India, 1947, Extraordinary, p. 1333).
6. Subs., ibid., for “British India”.
7. The words “the Provinces of” omitted by the A.O.1950.
8. Ins. by the A. O. 1937.
9. For a direction under this section, see Gazette of India, 1937, Pt. I, p. 1941.
10. The word “British” omitted by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order, 1947
(G.G.O.31, dated the 10th December, 1947) (Gazette of India, 1947, Extraordinary, p. 1333).
11. Ins., ibid.
-----
THE SCHEDULE
CERTIFICATE
[See section 3, sub-section (1)]
From
The Collector of
To
The Collector of
Dated the of 18
The sum of Rs. is payable on account of by, son of, resident of, who is believed (to be at) (to have
property consisting of at) in your district.
Subject to the provisions of the Revenue Recovery Act, 1890, the said sum is recoverable by you as if
it were an arrear of land-revenue which had accrued in your own district, and you are hereby desired so to
recover it and to remit it to my office at
_A.B.,_
_Collector of_
_____________
-----
|
17-Mar-1890 | 06 | The Charitable Endowments Act, 1890 | https://www.indiacode.nic.in/bitstream/123456789/2317/1/A1890-6.pdf | central | # THE CHARITABLE ENDOWMENTS ACT, 1890
________
ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Title, extent and commencement.
2. Definition.
3. Appointment and incorporation of treasurer of Charitable Endowments.
3A. Definition of “appropriate Government”, etc.
4. Orders vesting property in treasurer.
5. Schemes for administration of property vested in the treasurer.
6. Mode of applying for vesting orders and schemes.
7. [Omitted.].
8. Bare trusteeship of treasurer.
9. Annual publication of list of properties vested in treasurer.
10. Limitation of functions and powers of treasurer.
11. Provision for continuance of office of treasurer in certain contingencies.
12. Transfer of property from one treasurer to another.
13. Power to make rules.
14. Indemnity to Government and treasurer.
15. Saving with respect to Advocate General and Official Trustee.
16. [Omitted.].
1
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# THE CHARITABLE ENDOWMENTS ACT, 1890
ACT NO. 6 OF 1890[1]
# [7th March, 1890.]
An Act to provide for the vesting and administration of property held in trust for charitable
purposes.
WHEREAS it is expedient to provide for the vesting and administration of property held in trust for
charitable purposes; It is hereby enacted as follows: ––
**1. Title, extent and commencement. ––(1) This Act may be called the Charitable Endowments**
Act, 1890.
(2) It extends to the whole of India,[ 2***], [3]***; and
(3) It shall come into force on the first day of October, 1890.
**2. Definition. ––In this Act “charitable purpose” includes relief of the poor, education, medical**
relief and the advancement of any other object of general public utility, but does not include a purpose
which relates exclusively to religious teaching or worship.
**3. Appointment and incorporation of treasurer of Charitable Endowments. ––[4][(1) The**
Central Government may appoint an officer of the Government by the name of his office to be
treasurer of Charitable Endowments for India, and the Government of any State may appoint an
officer of the Government by the name of his office to be treasurer of Charitable Endowments for the
State.]
(2) Such treasurer shall, for the purposes of taking, holding and transferring movable or
immovable property under the authority of this Act, be a corporation sole by the name of the treasurer
of Charitable Endowments for [5][India or, as the case may be, the State], and, as such treasurer, shall
have perpetual succession and a corporate seal, and may sue and be sued in his corporate name.
6[3A. Definition of “appropriate Government”, etc. ––In the subsequent provisions of this Act
“the appropriate Government” means, as respects a charitable endowment, the objects of which do not
extend beyond a single State and are not objects to which the executive authority of the Central
Government extends, the Government of the State, and as respects any other charitable endowment
the Central Government.]
**4. Orders vesting property in treasurer. ––(1) Where any property is held or is to be applied in**
trust for charitable purpose, the [7][appropriate Government], if it thinks fit, may, on application made
as hereinafter mentioned, and subject to the other provisions of this section,
1. This Act has been declared to be in force in the Sonthal Parganas by the Sonthal Parganas Settlement Regulation, 1872 (3
of 1872), section 3: in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), section 3 and
Schedule; and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), section 3 and Schedule. It has also
been extended to Berar by the Berar Laws Act, 1941 (4 of 1941).
This Act has been amended in its application to Bengal by the Bengal Wakf Act, 1934 (Ben. Act 13 of 1934);
This Act shall not apply to any wakf to which the Wakf Act, 1954 (29 of 1954) applies,
The Act has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First
Schedule (w.e.f. 1-7-1965): Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule (w.e.f. 1-2-1965) and
Lakshadweep by Reg. 8 of 1965, s. 3 and Schedule (w.e.f. 1-10-1967) and to Pondichedrry by Reg. 7 of 1963, s. 3 and
the First schedule (w.e.f. 1-10-1963). The Act has been ceased to be in force in the State of Madras by Madras Act 22 of
1959 (when notified).
The Act has been amended in Mysore by Mysore Act 19 of 1973.
2. 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).
3. The words “inclusive of British Baluchistan” omitted by the A.O. 1948.
4. Subs. by the A.O. 1937, for Sub-section (1).
5. Subs., ibid., for “the territories subject to the L.G.”
6. Ins., ibid.
7. Subs. ibid., for “L.G.”
2
-----
order, by [1]notification in the Official Gazette, that the property be vested in the treasurer of Charitable
Endowments on such terms as to the application of the property or the income thereof as may be
agreed on between the [2][appropriate Government] and the person or persons making the application,
and the property shall thereupon so vest accordingly.
(2) When any property has vested under this section in a treasurer of Charitable Endowments, he is
entitled to all documents of title relating thereto.
3* - - -
(4) An order under this section vesting property in a treasurer of Charitable Endowments shall not
require or be deemed to require him to administer the property, or impose or be deemed to impose
upon him the duty of a trustee with respect to the administration thereof.
**5. Schemes for administration of property vested in the treasurer. ––(1) On application made**
as hereinafter mentioned, and with the concurrence of the person or persons making the application,
the [2][appropriate Government] if it thinks fit, may settle a scheme for the administration of any
property which has been or is to be vested in the treasurer of Charitable Endowments, and may in
such scheme appoint, by name or office, a person or persons, not being or including such treasurer,
toad minister the property.
(2) On application made as hereinafter mentioned, and with the concurrence of the person or
persons making the application, the [2][appropriate Government] may, if it thinks fit, modify any
scheme settled under this section or substitute another scheme in its stead.
(3) A scheme settled, modified or substituted under this section shall, subject to the other
provisions of this section come into operation on a day to be appointed by the [2][appropriate
Government] in this behalf, and shall remain in force so long as the property to which it relates
continues to be vested in the treasurer of Charitable Endowments or until it has been modified or
another such scheme has been substituted in its stead.
(4) Such a scheme, when it comes into operation, shall supersede any decree or direction relating
to the subject-matter thereof insofar as such decree or direction is in any way repugnant thereto, and
its validity shall not be questioned in any court, nor shall any court give, in contravention of the
provisions of the scheme or in any way contrary or in addition thereto, a decree or direction regarding
the administration of the property to which the scheme relates:
4 [Provided that nothing in this sub-section shall be construed as precluding a court from inquiring
whether the Government by which a scheme was made was the appropriate Government.]
(5) In the settlement of such a scheme effect shall be given to the wishes of the author of the trust
so far as they can be ascertained, and, in the opinion of the [2][appropriate Government], effect can
reasonably be given to them.
(6) Where a scheme has been settled under this section for the administration of property not
already vested in the treasurer of Charitable Endowments, it shall not come into operation until the
property has become so vested.[5]
1. For notifications issued under this section conjunction with s. 5, see different local R. and O.
2. Subs. by the A.O. 1937, for “L.G.”.
3. Subs-section (3) omitted, ibid.
4. Ins., ibid.
5. A proviso to section 5, applicable only to Bengal, has been added by the Bengal Wakf Act, 1934 (Ben. 13 of 1934),
section 79.
3
-----
**6. Mode of applying for vesting orders and schemes.––(1) The application referred to in the two**
last foregoing sections must be made, ––
(a) If the property is already held in trust for a charitable purpose, then by the person acting in
the administration of the trust, or, where there are more persons than one so acting, then by those
persons or a majority of them; and
(b) If the property is to be applied in trust for such a purpose then by the person or persons
proposing so to apply it.
(2) For the purposes of this section the executor or administrator of a deceased trustee of property
held in trust for a charitable purpose shall be deemed to be a person acting in the administration of the
trust.[1 ]
**STATE AMENDMENTS**
**Uttar Pradesh**
**Addition of section 6-A in Act II of 1890.––After section 6 of the Charitable Endowments Act,**
1890, the following shall be inserted as section 6-A.
“6-A. (1) If the State Government is satisfied upon representation made or otherwise, that in any
case, where any property has already vested in the Treasurer of Charitable Endowments under section
4 and a scheme has been settled under section 5 that the person or persons acting in the administration
thereof are wasting or mal-administering the same, it may by notice require the person or persons to
show cause why the scheme settled for administration be not modified or substituted by another
scheme.
(2) The notice under sub-section (1) shall be served in such manner as may be specified.
(3) Where the person or persons served with the notice fail to show cause within the time allowed
or the Government is satisfied after considering their explanation, if any, and making such enquiry as
it may deem necessary that the property is being wasted or mal-administered it may notwithstanding
anything contained in section 5 or 6, modify the scheme or substitute another scheme in its place.”
[Vide the Uttar Pradesh Act 37 of 1952, s. 2]
**7. [Exercise** _by Governor General in Council of Powers of Local Government.] ––Omitted by the_
_A.O. 1937._
**8. Bare trusteeship of treasurer.––(1) Subject to the provisions of this Act, a treasurer of**
Charitable Endowments shall not, as such treasurer, act in the administration of any trust whereof any
of the property is for the time being vested in him under this Act.
(2) Such treasurer shall keep a separate account of each property for the time being so vested
insofar as the property consists of securities for money, and shall apply the property or the income
thereof in accordance with the provision made in that behalf in the vesting order under section 4 or in
the scheme, if any, under section 5, or in both those documents.
(3) In the case of any property so vested other than securities for money, such treasurer shall,
subject to any special order which he may receive from the authority by whose order the property
became vested in him, permit the persons acting in the administration of the trust to have the
possession, management and control of the property and the application of the income thereof, as if
the property had been vested in them.
**9. Annual publication of list of properties vested in treasurer. ––A treasurer of Charitable**
Endowments shall cause to be published annually in the Official Gazette, at such time as
1. A new sub-section (3), applicable only to Bengal, has been added by the Bengal Wakf Act, 1934 (Ben. 13 of 1934), s. 80.
4
-----
the [1][appropriate Government] may direct, a list of all properties for the time being vested in him
under this Act and an abstract of all accounts kept by him under section 2 of the last foregoing
section.
**10. Limitation of functions and powers of treasurer.––(1) A treasurer of Charitable**
Endowments shall always be a sole trustee, and shall not, as such treasurer, take or hold any property
otherwise than under the provisions of this Act, or, subject to those provisions, transfer any property
vested in him except in obedience to a decree divesting him of the property, or in compliance with a
direction in that behalf issuing from the authority by whose order the property became vested in him.
(2) Such a direction may require the treasurer to sell or otherwise dispose of any property vested in
him, and, with the sanction of the authority issuing the direction, to invest the proceeds of the sale or
other disposal of the property in any such security for money as is [2][specified in the direction], or in
the purchase of immovable property.
(3) When a treasurer of Charitable Endowments is divested, by a direction of [3][the appropriate
Government] under this section, of any property, it shall vest in the person or persons acting in the
administration thereof and be held by him or them on the same trusts as those on which it was held by
such treasurer.
**11. Provision for continuance of office of treasurer in certain contingencies. ––If the office**
held by an officer of the Government who has been appointed to be treasurer of Charitable
Endowments is abolished or its name is changed, the [1][appropriate Government] may appoint the
same or another office of the Government by the name of his office to be such treasurer, and
thereupon the holder of the latter office shall be deemed for the purposes of this Act to be the
successor in office of the holder of the former office.
4[12. Transfer of property from one treasurer to another.––If by reason of any alteration of
areas or by reason of the appointment of a treasurer of Charitable Endowments for India or for any
State for which such a treasurer has not previously been appointed or for any other reason it appears
to the Central Government that any property vested in a treasurer of Charitable Endowments should
be vested in another such treasurer, that Government may direct that the property shall be so vested
and thereupon it shall vest in that other treasurer and his successors as fully and effectually for the
purposes of this Act as if it had been originally vested in him under this Act.]
**STATE AMENDMENTS**
**Karnataka**
**Insertion of new section 12A.––After section 12 of the Charitable Endowments Act, 1890**
(Central Act 6 of 1890), as in force in the [State of Karnataka], the following section shall be inserted,
namely:––
“12A. Delegation of powers.––Where the appropriate Government is the State Government, it
may by notification in the official Gazette, direct that any power exercisable by it under this Act
(except the power to make rules under section 13) or rules made thereunder shall, in respect of any
endowment which does not exceed rupees ten thousand in value, in relation to such matters and
subject to such conditions, if any, as may be specified in the direction, be exercisable also by such
officer or authority subordinate to the State Government as may be specified in the notification:
Provided that the powers under sections 4 and 5 shall not be delegated to any officer other than
the Head of a Department of Government.”
1. Subs. by the A.O. 1937, for “Local Government”.
2. Subs., ibid., for “mentioned in section 4, sub-section (3), clause (a), (b), (c), (d), or (e)”.
3. Subs., ibid., for “the Local Government or the Governor General in Council”.
4. Subs., ibid., for section 12.
5
-----
[Vide Karnataka Act 19 of 1973, s. 2].
1[13 Power to make rules.–– 2[(1)] The 1[appropriate Government] may 3[, by notification in the
Official Gazette,] make rules consistent with this Act for––
(a) prescribing the fees to be paid to the Government in respect of any property vested under
this Act in a treasurer of Charitable Endowments;
(b) regulating the cases and the mode in which schemes or any modification thereof are to be
published before they are settled or made under section 5;
(c) prescribing the forms in which accounts are to be kept by treasurers of Charitable
Endowments and the mode in which such accounts are to be audited; and
(d) generally carrying into effect the purposes of this Act.]
3[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after
it is made, before the State Legislature.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that the Rule should not be
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case
may be; so, however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule. ]
**14. Indemnity to Government and treasurer.––No suit shall be instituted against the**
Government in respect of anything done or purporting to be done under this Act, or in respect of any
alleged neglect or omission to perform any duty devolving on the Government under this Act, or in
respect of the exercise of, or the failure to exercise, any power conferred by this Act on the
Government, nor shall any suit be instituted against a treasurer of Charitable Endowments except for
divesting him of property on the ground of its not being subject to a trust for a charitable purpose, or
for making him chargeable with or accountable for the loss or misapplication of any property vested
in him, or the income thereof, where the loss or misapplication has been occasioned by or through his
willful neglect or default.
**15. Saving with respect to Advocate General and Official Trustee.––Nothing in this Act shall**
be construed to impair the operation [4][of any enactment] for the time being in force, respecting the
authority of an Advocate General [5]*** to act with respect to any charity [6][or of the Official Trustees
Act, 1913] respecting the vesting of property in trust for a charitable purpose in an Official Trustee.
**16. [General Controlling Authority of Governor General in Council.]––Omitted** _by the Devolution_
_Act, 1920 (38 of 1920), s. 2 and the First Schedule, Pt. I._
1. Subs. by Act 38 of 1920, s. 2 and the First Schedule, Pt. I, for section 13.
2. Sub-section (2) of section 13 re-numbered as sub-section (1) by Act 56 of 1982, s. 2. Earlier sub-section (1) omitted by the
A. O. 1937.
3. Ins. by Act 56 of 1982, s. 2.
4. Subs. by Act 58 of 1960, s. 3 and the Second Schedule, for “of section III of the Statue 53, George III, Chapter 155, or of
any other enactment”.
5. The words “at a Presidency” omitted by s. 3 and the Second Schedule, ibid.
6. Subs. by s. 3 and the Second Schedule, ibid., for “or of sections 8, 9, 10, and 11 of Act No. XVII of 1864 (An Act to
constitute an office of Official Trustee)”.
6
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|
21-Mar-1890 | 08 | The Guardians and Wards Act, 1890 | https://www.indiacode.nic.in/bitstream/123456789/2318/1/189008.pdf | central | # THE GUARDIANS AND WARDS ACT, 1890
______
ARRANGEMENT OF SECTIONS
______
CHAPTER I
PRELIMINARY
SECTIONS
1. Title, extent and commencement.
2. [Repealed.].
3. Saving of jurisdiction of Courts of Wards and Chartered High Courts.
4. Definitions.
4A. Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings
to such officers.
CHAPTER II
APPOINTMENT AND DECLARATION OF GUARDIANS
5. [Omitted.].
6. Saving of power to appoint in other cases.
7. Power of the Court to make order as to guardianship.
8. Persons entitled to apply for order.
9. Court having jurisdiction to entertain application.
10. Form of application.
11. Procedure on admission of application.
12. Power to make interlocutory order for production of minor and interim protection of
person and property.
13. Hearing of evidence before making of order.
14. Simultaneous proceedings in different Courts.
15. Appointment or declaration of several guardians.
16. Appointment or declaration of guardian for property beyond jurisdiction of the Court.
17. Matters to be considered by the Court in appointing guardian.
18. Appointment or declaration of Collector in virtue of office.
19. Guardian not to be appointed by the Court in certain cases.
1
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CHAPTER III
DUTIES, RIGHTS AND LIABILITIES OF GUARDIANS
_General_
SECTIONS
20. Fiduciary relation of guardian to ward.
21. Capacity of minors to act as guardians.
22. Remuneration of guardian.
23. Control of Collector as guardian.
_Guardian of the person_
24. Duties of guardian of the person.
25. Title of guardian to custody of ward.
26. Removal of war from jurisdiction.
_Guardian of property_
27. Duties of guardian of property.
28. Powers of testamentary guardian.
29. Limitation of powers of guardian of property appointed or declared by the Court.
30. Voidability of transfers made in contravention of section 28 or section 29.
31. Practice with respect to permitting transfers under section 29.
32. Variation of powers of guardian of property appointed or declared by the Court.
33. Right of guardian so appointed or declared to apply to the Court for opinion in management of
property, of ward.
34. Obligations on guardian of property appointed or declared by the Court.
34A. Power to award remuneration for auditing accounts.
35. Suit against guardian where administration-bond was taken.
36. Suit against guardian where administration-bond was not taken.
37. General liability of guardian as trustee.
_Termination of guardianship_
38. Right of survivorship among joint guardians.
39. Removal of guardian.
40. Discharge of guardian.
41. Cessation of authority of guardian.
42. Appointment of successor to guardian dead, discharged or removed.
CHAPTER IV
SUPPLEMENTAL PROVISIONS
43. Orders for regulating conduct or proceedings of guardians, and enforcement of those orders.
44. Penalty for removal of ward from jurisdiction.
2
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SECTIONS
45. Penalty for contumacy.
46. Reports by Collectors and subordinate Courts.
47. Orders appealable.
48. Finality of other orders.
49. Costs.
50. Power of High Court to make rules.
51. Applicability of Act to guardians already appointed by Court.
52. [Repealed.].
53. [Repealed.].
THE SCHEDULE. — [Repealed.].
3
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THE GUARDIANS AND WARDS ACT, 1890
ACT NO. 8 OF 1890[1]
# An Act to consolidate and amend the law relating to Guardian and Ward.
[21st March, 1890.]
WHEREAS it is expedient to consolidate and amend the law relating to guardian and ward; It is
hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Title, extent and commencement.— (1) This Act may be called the Guardians and Wards Act,**
1890.
(2) It extends to the whole of India [2]***,
3* - - 4***
(3) It shall come into force on the first day of July, 1890.
**2. [Repeal.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.**
**3. Saving of jurisdiction of Courts of Wards and Chartered High Courts.— This Act shall be**
read subject to every enactment heretofore or hereafter passed relating to any Court of Wards by [5][any
competent legislature, authority or person in [6][any State to which this Act extends]], and nothing in
this Act shall be construed to affect, or in any way derogate from the jurisdiction or authority of any
Court of Wards, or to take away any power possessed by [7][any High Court [8]***].
**4. Definitions.— In this Act, unless there is something repugnant in the subject or**
context,—
(1) “minor” means a person who, under the provisions of the Indian Majority Act, 1875, (9 of
1875) is to be deemed not to have attained his majority:
(2) “guardian” mean’s a person having the care of the person of a minor or of his property, or of
both is person and property:
(3) “ward” means a minor for whose person or property, or both, there is a guardian:
(4) “District Court” has the meaning assigned to that expression in the [9] Code of Civil
1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I, to the whole of the Union
territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch. and to Sikkim vide Notifn. No. S.O. 644(E), dated 24-81984,
Gazette of India, Extraordinary, Pt. II, s. 3(ii) (w.e.f. 1-9-1984).
This Act has been extended to Pondicherry by Act 26 of 1968, with the following modification:
In section 1, after sub-section (2), insert:—
“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of
Pondicherry.”.
2. 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).
3. The words “inclusive of British Baluchistan” rep by A.O. 1948.
4. The word “and” omitted by Act 40 of 1949, s. 3 and the Second Schedule.
5. Subs. by the A.O. 1937, for “the G.G. in C., or by a Governor or Lieutenant-Governor in Council”.
6. Subs. by Act 3 of 1951, s. 3 and the Schedule for “Part A States and Part C States”.
7. Subs. by the A.O. 1937, for “any High Court established under the Statute 24 and 25 Victoria, Ch. 104 (an Act
for establishing High Courts of Judicature in India)”.
8. The words “established in Part A States and Part C States” omitted by Act 3 of 1951, s. 3 and the Schedule.
9. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
4
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Procedure (14 of 1882), and includes a High Court in the exercise of its ordinary original civil
jurisdiction:
1[(5) “the Court” means—
(a) the District Court having jurisdiction to entertain an application under this
Act for an order appointing or declaring a person to be a guardian; or
(b) where a guardian has been appointed or declared in pursuance of any such application—
(i) the Court which, or the Court of the officer who, appointed or declared the guardian or
is under this Act deemed to have appointed or declared the guardian; or
(ii) in any matter relating to the person of the ward the District Court having jurisdiction
in the place where the ward for the time being ordinarily resides; or
(c) in respect of any proceeding transferred under section 4A, the Court of the officer to
whom such proceeding has been transferred:]
(6) “Collector” means the chief officer in charge of the revenue—administration of a district,
and includes any officer whom the State Government, by notification in the Official Gazette, may,
by name or in virtue of his office, appoint to be a Collector in any local area, or with respect to any
class of persons, for all or any of the purposes of this Act:
2* - - *; and
(8) “prescribed” means prescribed by rules made by the High Court under this Act.
3
[4A. Power to confer jurisdiction on subordinate judicial officers and to transfer
**proceedings to such officers.—(1) The High Court may, by general or special order, empower any**
officer exercising original civil jurisdiction subordinate to a District Court, or authorise the Judge of
any District Court to empower any such officer subordinate to him, to dispose of any proceedings
under this Act transferred to such officer under the provisions of this section.
(2) The Judge of a District Court may, by order in writing, transfer at any stage any proceeding
under this Act pending in his Court for disposal to any officer subordinate to him empowered under
sub-section (1).
(3) The Judge of a District Court may at any stage transfer to his own Court or to any officer
subordinate to him empowered under sub-section (1) any proceeding under this Act pending in the
Court of any other such officer.
(4) When any proceedings are transferred under this section in any case in which a guardian has
been appointed or declared, the Judge of the District Court may, by order in writing, declare that the
Court of the Judge or officer to whom they are transferred shall, for all or any of the purposes of this
Act, be deemed to be the Court which appointed or declared the guardian.]
1. Subs. by Act 4 of 1926, s. 2, for the clause (5).
2. Clause (7) omitted by Act 3 of 1951, s. 3 and the Schedule.
3. Ins. by Act 4 of 1926, s. 3.
5
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CHAPTER II
APPOINTMENT AND DECLARATION OF GUARDIANS
**5. [Power of parents to appoint in case of European British subjects.] Omitted by the Part B** _States_
(Laws) Act, 1951 (3 of 1951), s. 3 and Schedule.
**6. Saving of power to appoint in other cases.—In the case of a minor [1]***, nothing in this Act**
shall be construed to take away or derogate from any power to appoint a guardian of his person or
property, or both, which is valid by the law to which the minor is subject.
**7. Power of the Court to make order as to guardianship.—(1) where the Court is satisfied that**
it is for the welfare of a minor that an order should be made—
(a) appointing a guardian of his person or property, or both, or
(b) declaring a person to be such a guardian,
the Court may make an order accordingly.
(2) An order under this section shall imply the removal of any guardian who has not been
appointed by will or other instrument or appointed or declared by the Court.
(3) Where a guardian has been appointed by will or other instrument or appointed or declared by
the Court, an order under this section appointing or declaring another person to be guardian in his
stead shall not be made until the powers of the guardian appointed or declared as aforesaid have
ceased under the provisions of this Act.
**8. Persons entitled to apply for order.—An order shall not be made under the last foregoing**
section except on the application of—
(a) the person desirous of being, or claiming to be, the guardian of the minor, or
(b) any relative or friend of the minor, or
(c) the Collector of the district or other local area within which the minor ordinarily resides or
in which he has property, or
(d) the Collector having authority with respect to the class to which the minor belongs.
**9. Court having jurisdiction to entertain application.—(1) If the application is with respect to**
the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction
in the place where the minor ordinarily resides.
(2) If the application is with respect to the guardianship of the property of the minor, it may be
made either to the District Court having jurisdiction in the place where the minor ordinarily resides or
to a District Court having jurisdiction in a place where he has property.
(3) If an application with respect to the guardianship of the property of a minor is made to a
District Court other than that having jurisdiction in the place where the minor ordinarily resides, the
Court may return the application if in its opinion the application would be disposed of more justly or
conveniently by any other District Court having jurisdiction.
**10. Form of application.—(1) If the application is not made by the Collector, it shall be by**
petition signed and verified in manner prescribed by the [2]Code,of Civil Procedure (14 of 1882) for
the signing and verification of a plaint, and stating, so far as can be ascertained—
(a) the name, sex, religion, date of birth and ordinary residence of the minor;
(b) where the minor is a female, whether she is married, and, if so, the name and age of her
husband;
(c) the nature, situation and approximate value of the property, if any, of the minor;
1. The words “who is not an European British subject” omitted by Act 3 of 1951, s. 3 and the Schedule.
2. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
6
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(d) the name and residence of the person having the custody or possession of the person or
property of the minor;
(e) what near relations the minor has, and where they reside;
(f) whether a guardian of the person or property, or both, of the minor has been appointed by
any person entitled or claiming to be entitled by the law to which the minor is subject to make such
an appointment;
(g) whether an application has at any time been made to the Court or to any other Court with
respect to the guardianship of the person or property, or both, of the minor, and, if so, when, to
what Court and with what result;
(h) whether the application is for the appointment or declaration of a guardian of the person of
the minor, or of his property, or of both;
(i) where the application is to appoint a guardian, the qualifications of the proposed guardian;
(j) where the application is to declare a person to be a guardian, the grounds on which that
person claims;
(k) the causes which have led to the making of the applications; and
(l) such other particulars, if any, as may be prescribed or as the nature of the application renders
it necessary to state.
(2) If the application is made by the Collector, it shall be by letter addressed to the Court and
forwarded by post or in such other manner as may be found convenient, and shall state as far as
possible the particulars mentioned in sub-section (1).
(3) The application must be accompanied by a declaration of the willingness of the proposed
guardian to act and the declaration must be signed by him and attested by at least two
witnesses.
**11. Procedure on admission of application.—(1) If the Court is satisfied that there is ground**
for proceeding on the application, it shall fix a day for the hearing thereof, and cause notice of the
application and of the date fixed for the hearing—
(a) to be served in the manner directed in the [1]Code of Civil Procedure (14 of 1882) on—
(i) the parents of the minor if they arc residing in [2][any State to which this Act extends],
(ii) the person, if any, named in the petition or letter as having the custody or possession of
the person or property of the minor,
(iii) the person proposed in the application or letter to be appointed or declared guardian,
unless that person is himself the applicant, and
(iv) any other person to whom, in the opinion of the Court, special notice of the application
should be given; and
(b) to be posted on some conspicuous part of the court-house, and of the residence of the minor,
and otherwise published in such manner as the Court, subject to any rules made by the High Court
under this Act, thinks fit.
(2) The State Government may, by general or special order, require that, when any part of the
property described in a petition under section 10, sub-section (1), is land of which a Court of Wards
could assume the superintendence, the Court shall also cause a notice as aforesaid to be served on the
Collector in whose district the minor ordinarily resides, and on
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “a Part A State or a Part C State”.
7
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every Collector in whose district any portion of the land is situate, and the Collector may cause the
notice to be published in any manner he deems fit.
(3) No charge shall be made by the Court or the Collector for the service or publication of any
notice served or published under sub-section (2).
**12. Power to make interlocutory order for production of minor and interim protection of**
**person and property.—(1) The Court may direct that the person, if any, having the custody of the**
minor shall produce him or cause him to be produced at such place and time and before such person
as it appoints, and may make such order for the temporary custody and protection of the person or
property of the minor as it thinks proper.
(2) If the minor is a female who ought not to be compelled to appear in public, the direction under
sub-section (1) for her production shall require her to be produced in accordance with the customs and
manners of the country.
(3) Nothing in this section shall authorise—
(a) the Court to place a female minor in the temporary custody of a person claiming to be her
guardian on the ground of his being her husband, unless she is already in his custody with the
consent of her parents, if any, or
(b) any person to whom the temporary custody and protection of the property of a minor is
entrusted to dispossess otherwise than by due course of law any person in possession of any of the
property.
**13. Hearing of evidence before making of order.—On the day fixed for the hearing of the**
application, or as soon afterwards as may be, the Court shall hear such evidence as may be adduced in
support of or in opposition to the application.
**14. Simultaneous proceedings in different Courts.—(1) If proceedings for the appointment or**
declaration of a guardian of a minor arc taken in more Courts than one, each of those Courts shall, on
being apprised of the proceedings in the other Court or Courts, stay the proceedings before itself.
(2) If the Courts arc both or all subordinate to the same High Court, they shall report the case to the
High Court, and the High Court shall determine in which of the Courts the proceedings with respect to
the appointment or declaration of a guardian of the minor shall be had.
1[(3) In any other case in which proceedings arc stayed under. sub-section (1), the Courts shall
report the case to, and be guided by such orders as they may receive from, their respective State
Governments]
**15. Appointment or declaration of several guardians.—(1) If the law to which the minor is**
subject admits of his having two or more joint guardians of his person or property, or both, the Court
may, if it thinks fit, appoint or declare them.
2* - - -
(4) Separate guardians may be appointed or declared of the person and of the property of a minor.
(5) If a minor has several properties, the Court may, if it thinks fit, appoint or declare a separate
guardian for any one or more of the properties.
**16. Appointment or declaration of guardian for property beyond jurisdiction of the**
**Court.—If the Court appoints or declares a guardian for any property situate beyond the**
local limits of its jurisdiction, the Court having jurisdiction in the place where the
1. Subs. by the A.O. 1937, for sub-section (3).
2. Sub-sections (2) and (3) omitted by Act 3 of 1951, s. 3 and the Schedule.
8
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property is situate shall, on production of a certified copy of the order appointing or declaring the
guardian, accept him as duly appointed or declared and give effect to the order.
**17. Matters to be considered by the Court in appointing guardian.—(1) In appointing or**
declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided
by what, consistently with the law to which the minor is subject, appears in the circumstances to be
for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age,
sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of
kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the
proposed guardian with the minor or his property.
(3) If the minor is old enough to form an intelligent preference, the Court may consider that
preference.
1* - - -
(5) The Court shall not appoint or declare any person to be a guardian against his will.
**18. Appointment or declaration of Collector in virtue of office.—Where a Collector is**
appointed or declared by the Court in virtue of his office to be guardian of the person or property, or
both, of a minor, the order appointing or declaring him shall be deemed to authorize and require the
person for the time being holding the office to act as guardian of the minor with respect to his person
or property, or both, as the case may be.
**19. Guardian not to be appointed by the Court in certain cases.—Nothing in this Chapter shall**
authorise the Court to appoint or declare a guardian of the property of a minor whose property is
under the superintendence of a Court of Wards, or to appoint or declare a guardian of the person—
(a) of a minor who is a married female and whose husband is not, in the opinion of the Court,
unfit to be guardian of her person, or
2[(b) of a minor, other than a married female, whose father or mother is living and is not, in the
opinion of the court, unfit to be guardian of the person of the minor, or.]
(c) of a minor whose property is under the superintendence of a Court of Wards competent to
appoint a guardian of the person of the minor.
CHAPTER III
DUTIES, RIGHTS AND LIABILITIES OF GUARDIANS
_General_
**20. Fiduciary relation of guardian to ward.—(1) A guardian stands in a fiduciary relation to his**
ward, and, save as provided by the will or other instrument, if any, by which he was appointed, or by
this Act, he must not make any profit out of his office.
(2) The fiduciary relation of it guardian to his ward extends to and affects purchases by the
guardian of the property of the ward, and by the ward of the property of the guardian, immediately or
soon after the ward has ceased to be a minor, and generally all transactions between them while the
influence of the guardian still lasts or is recent.
**21. Capacity of minors to act as guardians.—A minor is incompetent to act as guardian of any**
minor except his own wife or child or where he is the managing member of an undivided Hindu
family, the wife or child of another minor Member of that family.
1. Sub-section (4) omitted by Act 3 of 1951, s. 3 and the Schedule.
2. Subs. by Act 30 of 2010, s. 2 for sub-clause (b) (w.e.f. 31-8-2010).
9
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**22. Remuneration of guardian.—(1) A guardian appointed or declared by the Court shall be**
entitled to such allowance, if any, as the Court thinks fit for his care and paints in the execution of his
duties.
(2) When an officer of the Government, as such officer, is so appointed or declared to be guardian,
such fees shall be paid to the Government out of the property of the ward as the State Government, by
general or special order, directs.
**23. Control of Collector as guardian.—A Collector appointed or declared by the Court to be**
guardian of the person or property, or both, of a minor shall, in all matters connected with the
guardianship of his ward, be subject to the control of the State Government or of such authority as that
Government, by [1]notification in the Official Gazette, appoints in this behalf.
_Guardian of the person_
**24. Duties of guardian of the person.—A guardian of the person of a ward is charged with**
the custody of the ward and must look to his support, health and education, and such other matters as
the law to which the ward is subject requires.
**25. Title of guardian to custody of ward.—(1) If a ward leaves or is removed from the custody**
of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to
return to the custody of his guardian, may make an order for his return, and for the purpose of
enforcing the order may cause the ward to be arrested and to be delivered into the custody of the
guardian.
(2) For the purpose of arresting the ward, the Court may exercise the power conferred on a
Magistrate of the first class by section 100 of the [2]Code of Criminal Procedure, 1882 (10 of 1882).
(3) The residence of a ward against the will of his guardian with a person who is not his guardian
does not of itself terminate the guardianship.
**26. Removal of ward from jurisdiction.—(1) A guardian of the person appointed or declared**
by the Court unless he is the Collector or is a guardian appointed by will or other instrument, shall
not, without the leave of the Court by which he was appointed or declared, remove _the ward from_
the limits of its jurisdiction except for such purposes as may be prescribed.
(2) The leave granted by the Court under sub-section (1) may be special or general, and may be
defined by the order granting it.
_Guardian of property_
**27. Duties of guardian of property.—A guardian of the property of a ward is bound to deal**
therewith as carefully as a man of ordinary prudence would deal with it if it were his own, and,
subject to the provisions of this Chapter, he may do all acts which are reasonable and proper for the
realisation, protection or benefit of the property.
**28. Powers of testamentary guardian.—Where a guardian has been appointed by will or other**
instrument, his power to mortgage or charge, or transfer by sale, gift, exchange or otherwise,
immovable property belonging to his ward is subject to any restriction which may be imposed by the
instrument, unless he has under this Act been declared guardian and the Court which made die
declaration permits him by an order in writing, notwithstanding the restriction, to dispose of any
immovable property specified in the order in a manner permitted by the order.
**29. Limitation of powers of guardian of property appointed or declared by the**
**Court.—Where a** person other than a Collector, or than a guardian appointed by will or other
1. For notifications appointing authorities to whose control Collectors appointed under the Act shall be subject, see different
local R. & O.
2. See now the Code of Criminal Procedure, 1898 (Act 5 of 1898).
10
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instrument, has been appointed or declared by the Court to be guardian of the property of a ward, he
shall not, without the previous permission of the Court,—
(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the
immovable property of his ward, or
(b) lease any part of that property for a term exceeding five years or for any term extending
more than one year beyond the date on which the ward will cease to be a minor.
**30. Viodability of transfers made in contravention of section 28 or section 29.—A disposal of**
immovable property by a guardian in contravention of either of the two last foregoing sections is
voidable at the instance of any other person affected thereby.
**31. Practice with respect to permitting transfers under section 29.—(1) Permission to the**
guardian to do any of the acts mentioned in section 29 shall not be granted by the Court except in case
of necessity or for an evident advantage to the ward.
(2) The order granting the permission shall recite the necessity or advantage, as the case may
be, describe the property with respect to which the act permitted is to be done, and specify such
conditions, if any, as the Court may see fit to attach to the permission; and it shall be recorded,
dated and signed by the Judge of the Court with his own hand, or, when from any cause he is
prevented from recording the order with his own hand, shall be taken down in writing from his
dictation and be dated and signed by him.
(3) The Court may in its discretion attach to the permission the following among other conditions,
namely:—
(a) that a sale shall not be completed without the sanction of the Court;
(b) that a sale shall be made to the highest bidder by public auction, before the Court or
some person specially appointed by the Court for that purpose, at a time and place to be
specified by the Court, after such proclamation of the intended sale as the Court, subject to
any rules made under this Act by the High Court, directs;
(c) that a lease shall not be made in consideration of a premium or shall be made for such term
of years and subject to such rents and covenants as the Court directs;
(d) that the whole or any part of the proceeds of the act permitted shall be paid into the
Court by the guardian, to be disbursed therefrom or to be invested by the Court on
prescribed securities or to be otherwise disposed of as the Court directs.
(4) Before granting permission to a guardian to do an act mentioned in section 29, the Court
may cause notice of the application for the permission to be given to any relative or friend of the
ward who should, in its opinion, receive notice thereof, and shall hear and record the statement of
any person who appears in opposition to the application.
**32. Variation of powers of guardian of property appointed or declared by the Court.—**
Where a guardian of the property of a ward has been appointed or declared by the Court and such
guardian is not the Collector, the Court may, from time to time, by order, define, restrict or extend
his powers with respect to the property of the ward in such manner and to such extent as it may
consider to be for the advantage of the ward and consistent with the law to which the ward is
subject.
**33. Right of guardian so appointed or declared to apply to the Court for opinion in**
**management of property of ward.—(1) A guardian appointed or declared by the Court may**
apply by petition to the Court which appointed or declared him for its opinion, advice or direction
on any present question respecting the management or administration of the property of his ward.
(2) If the Court considers the question to be proper for summary disposal, it shall cause a copy of
the petition to be served on, and the hearing thereof may be attended by, such of the persons interested
in the application as the Court thinks fit.
11
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(3) The guardian stating in good faith the facts in the petition and acting upon the opinion, advice
or direction given by the Court shall be deemed, so far as regards his own responsibility, to have
performed his duty as guardian in the subject-matter of the application.
**34. Obligations on guardian of property appointed or declared by the Court.—Where a**
guardian of the property of a ward has been appointed or declared by the Court and such guardian is
not the Collector, he shall,—
(a) if so required by the Court, give a bond, as nearly as may be in the prescribed form, to the
Judge of the Court to ensure for the benefit of the Judge for the time being, with or without
sureties, as may be prescribed, engaging duly to account for what he may receive in respect of the
property of the ward;
(b) if so required by the Court, deliver to the Court, within six months from the date of his
appointment or declaration by the Court, or within such other time as the Court directs, a statement
of the immovable property belonging to the ward, of the money and other movable property which
he has received on behalf of the ward up to the date of delivering the statement, and of the debts
due on that date to or from the ward;
(c) if so required by the Court, exhibit his accounts in the Court at such times and in such form
as the Court from time to time directs;
(e) if so required by the Court, pay into the Court at such time as the Court directs the balance
due from him on those accounts, or so much thereof as the Court directs; and
(f) apply for the maintenance, education and advancement of the ward and of such persons as
are dependent on him, and for the celebration of ceremonies to which the ward or any of those
persons may be a party, such portion of the income of the property of the ward as the Court from
time to time directs, and, if the Court so directs, the whole or any part of that property.
1[34A. Power to award remuneration for auditing accounts.—When accounts are exhibited by
a guardian of the property of a ward in pursuance of a requisition made under clause (c) of section 34
or otherwise, the Court may appoint a person to audit the accounts, and may direct that remuneration
for the work be paid out of the income of the property.]
**35. Suit against guardian where administration bond was taken.—Where a guardian appointed**
or declared by the Court has given a bond duly to account for what he may receive in respect of the
property of his ward, the Court may, on application made by petition and on being satisfied that the
engagement of the bond has not been kept, and upon such terms as to security, or providing that any
money received be paid into the Court, or otherwise as the Court thinks fit, assign the bond to some
proper person, who shall thereupon be entitled to sue on the bond in his own name as if the bond had
been originally given to him instead of to the Judge of the Court, and shall be entitled to recover
thereon, as trustee for the ward, in respect of any breach thereof.
**36. Suit against guardian where administration bond was not taken.—(1) Where a guardian**
appointed or declared by the Court has not given a bond as aforesaid, any person, with the leave of the
Court, may, as next friend, at any time during the continuance of the minority of the ward, and upon
such terms as aforesaid, institute a suit against the guardian, or, in case of his death, against his
representative, for an account of what the guardian has received in respect of the property of the ward,
and may recover in the suit, as trustee for the ward, such amount as may be found to be payable by the
guardian or his representative, as the case may be.
1. Ins. by Act 17 of 1929, s. 2.
12
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(2) The provisions of sub-section (1) shall, so far as they relate to a suit against a guardian, be
subject to the provisions of section 440 of the Code of Civil Procedure (14 of 1882) as amended by
this Act[1].
**37. General liability of guardian as trustee.—Nothing in either of the two last foregoing sections**
shall be construed to deprive a ward or his representative of any remedy against his guardian, or the
representative of the guardian, which, not being expressly provided in either of those sections, any
other beneficiary or his representative would have against his trustee or the representative of the
trustee.
_Termination of guardianship_
**38. Right of survivorship among joint guardians.—On the death of one of two or more joint**
guardians, the guardianship continues to the survivor or survivors until a further appointment is made
by the Court.
**39. Removal of guardian. —The Court may, on the application of any person interested, or of its**
own motion, remove a guardian appointed or declared by the Court, or a guardian appointed by will or
other instrument, for any of the following causes, namely:—
(a) for abuse of his trust;
(b) for continued failure to perform the duties of his trust;
(c) for incapacity to perform the duties of his trust;
(d) for ill-treatment, or neglect to take proper care, of his ward;
(e) for contumacious disregard of any provision of this Act or of any order of the Court;
(f) for conviction of an offence implying, in the opinion of the Court, a defect of character
which unfits him to be the guardian of his ward;
(g) for having an interest adverse to the faithful performance of his duties;
(h) for ceasing to reside within the local limits of the jurisdiction of the Court;
(i) in the case of a guardian of the property, for bankruptcy or insolvency;
(j) by reason of the guardianship of the guardian ceasing, or being liable to cease, under the law
to which the minor is subject:
Provided that a guardian appointed by will or other instrument, whether he has been declared
under this Act or not, shall not be removed—
(a) for the cause mentioned in clause (g) unless the adverse interest accrued after the death of
the person who appointed him, or it is shown that that person made and maintained the
appointment in ignorance of the existence of the adverse interest, or
(b) for the cause mentioned in clause (h) unless such guardian has taken up such a residence as,
in the opinion of the Court, renders it impracticable for him to discharge the functions of guardian.
**40. Discharge of guardian.—(1) If a guardian appointed or declared by the Court desires to resign**
his office, he may apply to the Court to be discharged.
(2) If the Court finds that there is sufficient reason for the application, it shall discharge him, and if
the guardian making the application is the Collector and the State Government approves of his
applying to be discharged, the Court shall in any case discharge him.
**41. Cessation of authority of guardian.—(1) The powers of a guardian of the person cease—**
(a) by his death, removal or discharge;
(b) by the Court of Wards assuming superintendence of the person of the ward;
1. See now Order XXXII, rules 1 and 4(2), in the First Schedule to the Code of Civil Procedure, 1908 (Act 5 of
1908).
13
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(c) by the ward ceasing to be a minor;
(d) in the case of a female ward, by her marriage to a husband who is not unfit to be guardian of
her person or, if the guardian was appointed or declared by the Court, by her marriage to a husband
who is not, in the opinion of the Court, so unfit; or
(e) in the case of a ward whose father was unfit to be guardian of the person of the ward, by the
father ceasing to be so or, if the father was deemed by the Court to be so unfit, by his ceasing to be
so in the opinion of the Court.
(2) The powers of a guardian of the property cease—
(a) by his death, removal or discharge;
(b) by the Court of Wards assuming superintendence of the property of the ward; or
(c) by the ward ceasing to be a minor.
(3) When for any cause the powers of a guardian cease, the Court may require him or, if he is dead,
his representative to deliver as it directs any property in his possession or control belonging to the
ward or any accounts in his possession or control relating to any past or present property of the ward.
(4) When he has delivered the property or accounts as required by the Court, the Court may
declare him to be discharged from his liabilities save as regards any fraud which may subsequently be
discovered.
**42. Appointment to successor to guardian dead, discharged or removed.—When a guardian**
appointed or declared by the Cowl is discharged, or, under the law to which the ward is subject,
ceases to be entitled to act, or when any such guardian or a guardian appointed by will or other
instrument is removed or dies, the Court, of its own motion or on application under Chapter II, may, if
the ward is still a minor, appoint or declare another guardian of his person or property, or both, as the
case may be.
CHAPTER IV
SUPPLEMENTAL PROVISIONS
**43. Orders for regulating conduct or proceedings of guardians, and enforcement of those**
**orders.—(1) The Court may, on the application of any person interested or of its own motion, make**
an order regulating the conduct or proceedings of any guardian appointed or declared by the Court.
(2) Where there are more guardians than one of a ward, and they are unable to agree upon a
question affecting his welfare, any of them may apply to the Court for its direction, and the Court may
make such order respecting the matter in difference as it thinks fit.
(3) Except where it appears that the object of making an order under sub-section (1) or
sub-section (2) would be defeated by the delay, the Court shall, before making the order, direct notice
of the application therefor or of the intention of the Court to make it, as the case may be, to be given,
in a case under sub-section (1), to the guardian or, in a case under sub-section (2), to the guardian who
has not made the application
(4) In case of disobedience to an order made under sub-section (1) or sub-section (2), the order
may be enforced in the same manner as an injunction granted under section 492 or section 493 of the
Code of Civil Procedure (14 of 1882), in a case under sub-section (1), as if the ward were the plaintiff
and the guardian were the defendant or, in a case under sub-section (2), as if the guardian who made
the application were the plaintiff and the other guardian were the defendant.
14
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(5) Except in a case under sub-section (2), nothing in this section shall apply to a Collector who is,
as such, a guardian.
**44. Penalty for removal of ward from jurisdiction.—If, for the purpose or with the effect of**
preventing the Court from exercising its authority with respect to a ward, a guardian appointed or
declared by the Court removes the ward from the limits of the jurisdiction of the Court in
contravention of the provisions of section 26, he shall be liable, by order of the Court, to find not
exceeding one thousand rupees, or to imprisonment in the civil jail for a term which may extend to six
months.
**45. Penalty for contumacy.—(1) In the following cases, namely:—**
(a) if a person having the custody of a minor fails to produce him or cause him to be produced
in compliance with a direction under section 12, sub-section (1), or to do his utmost to compel the
minor to return to the custody of his guardian in obedience to an order under section 25,
sub-section (1), or
(b) if a guardian appointed or declared by the Court fails to deliver to the Court, within the time
allowed by or under clause (b) of section 34, a statement required under that clause, or to exhibit
accounts in compliance with a requisition under clause (c) of that section, or to pay into the Court
the balance due from him on those accounts in compliance with a requisition under clause (d) of
that section, or
(c) if a person who has ceased to be a guardian, or the representative of such a person, fails to
deliver any property or accounts in compliance with a requisition under section 41, sub-section (3),
the person, guardian or representative, as the case may be, shall be liable, by order of the Court, to
fine not exceeding one hundred rupees, and in case of recusancy to further fine not exceeding ten
rupees for each day after the first during which the default continues, and not exceeding five hundred
rupees in the aggregate, and to detention in the civil jail until he undertakes to produce the minor or
cause him to be produced, or to compel his return, or to deliver the statement, or to exhibit the
accounts, or to pay the balance, or to deliver the property or accounts, as the case may be.
(2) If a person who has been released from detention on giving an undertaking under
sub-section (1) fails to carry out the undertaking within the time allowed by the Court, the Court may
cause him to be arrested and re-committed to the civil jail.
**46. Reports by Collectors and subordinate Courts.—(1) The Court may call upon the Collector,**
or upon any court subordinate to the Court, for a report on any matter arising in any proceeding under
this Act and treat the report as evidence.
(2) For the purpose of preparing the report the Collector or the Judge of the subordinate Court as
the case may be, shall make such inquiry as he deems necessary, and may for the pruposes of the
inquiry exercise any power of compelling the attendance of a witness to give evidence or produce a
document which is conferred on a Court by the [1]Code of Civil Procedure (14 of 1882).
**47. Orders appealable.— An appeal shall lie to the High Court from an order made by a [2]*****
Court,—
(a) under section 7, appointing or declaring or refusing to appoint or declare a guardian; or,
(b) under section 9, sub-section (3), returning an application ; or,
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. The word “District” rep. by Act 4 of 1926, s. 4.
15
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(c) under section 25, making or refusing to make an order for the return of a ward to the
custody of his guardian; or,
(d) under section 26, refusing leave for, the removal of award from the limits of the jurisdiction
of the Court, or imposing conditions with respect thereto; or,
(e) under section 28 or section 29, refusing permission to a guardian to do an act referred to in
the section; or,
(f) under section 32, defining, restricting or extending the powers of a guardian ; or,
(g) under section 39, removing a guardian ; or,
(h) under section 40, refusing to discharge a guardian; or,
(i) under section 43, regulating the conduct or proceedings of a guardian or settling a matter in
difference between joint guardians, or enforcing the order ; or,
(j) under section 44 or section 45, imposing a penalty.
**48. Finality of other orders.—Save as provided by the last foregoing section and by [1]section 622**
of the Code of Civil Procedure (14 of 1882), an order made under this Act shall be final and shall not
be liable to be contested by suit or otherwise.
**49. Costs.—The costs of any proceeding under this Act, including the costs of maintaining a**
guardian or other person in the civil jail, shall, subject to any rules made by the High Court under this
Act, be in the discretion of the Court in which the proceeding is had.
**50. Power of High Court to make rules.—(1) In addition to any other power to make rules**
conferred expressly or impliedly by this Act, the High Court may from time to time make rules
consistent with this Act—
(a) as to the matters respecting which, and the time at which, reports should be called for from
Collectors and subordinate Courts;
(b) as to the allowances to be granted to, and the security to be required from, guardians, and
the cases in which such allowances should be granted;
(c) as to the procedure to be followed with respect to applications of guardians for permission
to do acts referred to in sections 28 and 29 ;
(d) as to the circumstances in which such requisitions as arc mentioned in clauses (a), (b), (c)
and (d) of section 34 should be made ;
(e) as to the preservation of statements and accounts delivered and exhibited by guardians ;
(ff) as to the inspection of those statements and accounts by persons interested ;
2[(ff) as to the audit of accounts under section 34A, the class of persons who should be
appointed to audit accounts, and the scales of remuneration to be granted to them;]
(g) as to the custody of money, and securities for money, belonging to wards ;
(h) as to the securities on which money belonging to wards may be invested ;
(i) as to the education of wards for whom guardians, not being Collectors, have been appointed
or declared by the Court ; and,
(j) generally, for the guidance of the Courts in carrying out the purposes of this Act.
(2) Rules under clauses (a) and (1) of sub-section (1) shall not have effect until they have been
approved by the State Government, nor shall any rule under this section have effect until it has been
published in the Official Gazette.
1. See now s. 115 of the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. Ins. by Act 17 of 1929, s. 3.
16
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**51. Applicability of Act to guardians already appointed by Court.—A guardian appointed by,**
or holding a certificate of administration from, a Civil Court under any enactment repealed by this Act
shall, save as may be prescribed, be subject to the provisions of this Act, and of the rules made under
it, as if he had been appointed or declared by the Court under Chapter II.
**52. [Amendment of Indian Majority Act.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the**
_Schedule._
**53. [Amendment of Chapter XXXI of the Code of Civil Procedure.]** _Rep. by the Code of Civil_
_Procedure, 1908 (5 of 1908), s. 156 and the Fifth Schedule._
_THE SCHEDULE.—[Enactments repealed.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and_
_the Schedule._
______
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|
16-Oct-1890 | 20 | The North-western Provinces and Oudh Act, 1890 | https://www.indiacode.nic.in/bitstream/123456789/19224/1/a189020.pdf | central | # THE NORTH-WESTERN PROVINCES AND OUDH ACT, 1890
ARRANGEMENT OF SECTIONS
SECTIONS.
1. Title.
# PART I
THE NORTH-WESTERN PROVINCES
2. Commencement of Part I.
3. 3 and 4 [Repealed].
5. Laws in force in certain districts of the Allahabad Division to apply to Jhansi.
6. [Repealed.].
7. Discharge of functions assigned to Deputy Commissioner and Commissioner by
Act 17 of 1866.
8. Jhansi Division to cease to be a Scheduled District.
9. Application of Act 12 of 1887 to Jhansi, and disposal of pending cases.
PART II
# OUDH
10. Commencement of Part II.
11. Board of Revenue of the North-Western Provinces to be the Board of Revenue of,
and Chief Revenue-authority in, Oudh.
12. [Repealed.].
13. [Repealed.].
14. [Repealed.].
15. [Repealed.].
16. [Repealed.].
17. [Repealed.].
18. [Repealed.].
19. [Repealed.].
20. [Repealed.].
21. [Repealed.].
22. [Repealed.].
23. [Repealed.].
24. [Repealed.].
25. [Repealed.].
26. [Repealed.].
27. [Repealed.].
28. [Repealed.].
29. [Repealed.].
30. [Repealed.].
31. [Repealed.].
32. [Repealed.].
33. [Repealed.].
34. [Repealed.].
35. [Repealed.].
36. [Repealed.].
1
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.
37. [Repealed.].
38. [Repealed.].
39. [Repealed.].
40. [Repealed.].
41. [Repealed.].
42. [Repealed.].
43. [Repealed.].
44. [Repealed.].
45. [Repealed.].
46. [Repealed.].
47. [Repealed.].
48. [Repealed.].
49. [Repealed.].
50. [Repealed.].
51. [Repealed.].
52. [Repealed.].
53. [Repealed.].
54. Pending appeals.
55. [Repealed.].
56. [Repealed.].
57. [Repealed.].
58. [Repealed.].
59. [Repealed.].
60. [Repealed.].
61. [Repealed.].
# PART III
THE NORTH-WESTERN PROVINCES AND OUDH
62. Commencement of Part III.
63. Place where the Board may sit.
64. [Repealed.].
2
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# THE NORTH-WESTERN PROVINCES AND OUDH ACT, 1890
ACT NO. 20 OF 1890
[16th October, 1890.]
# An Act to provide for the better administration of the North-Western Provinces and Oudh and to amend
certain enactments in force in those Provinces and in Oudh.
# WHEREAS it is expedient to provide for the better administration of the territories respectively
administered by the Lieutenant Governor of the North-Western Provinces and the Chief Commissioner
of Oudh, and for that purpose to amend certain enactments which are in force in the said Provinces and
in Oudh; It is hereby enacted as follows:—
**1.** **Title.—This Act may be called the North-Western Provinces and Oudh Act, 1890.**
PART I
# THE NORTH-WESTERN PROVINCES
**2.** **Commencement of Part I.—This Part shall come into force on such day[1] as the said Lieutenant-**
Governor may, by notification in the Official Gazette, direct.
**3.** **and 4.** [Amendment of Act 19 of 1873.] Rep. by the United Provinces Land-revenue Act, 1901
(U.P. Act 3 of 1901).
And whereas it has been determined to annex the Jhansi Division, comprising the districts of Jhansi,
Jalaun and Lalatpur, to the Allahabad Division;
And whereas the said Jhansi Division is a Schedule District under the Scheduled Districts
Act, 1874; (14 of 1874);[2]
And whereas it is expedient that the law in force in the same division should, on such annexation, be
the same as the law in force in the temporarily-settled districts comprised in the Allahabad Division, and
that the said division should cease to be a Schedule District;
It is hereby enacted as follows:—
**5. Laws in force in certain districts of the Allahabad Division to apply to Jhansi.—(1) All**
enactments which shall on the day[3] when this Part comes into force be in force in the said temporarilysettled districts and not in the said Jhansi Division shall be deemed to come into force in that Division
on and from the said day.
(2) Except the Jhansi Encumbered Estates Act, 1882, (16 of 1882)[4] and the Jhansi and Morar
Act, 1886,(17 of 1886)[5] all enactments which shall on the said day[3] be in force in the said division and
not in the said temporarily settled districts, including the Jhansi Courts Act, 1867 (18 of 1867), and
Act No. 27 of 1867, shall be deemed to be repealed on and from the said day[3] in the said division.
1. The 1st April, 1891, see North-Western Provinces and Oudh Gazette,1891, Pt. I, p. 130.
2. Since rep. by the A.O. 1937.
3. That is, the 1st April, 1891.
4. Since rep. by the Bundelkhand Encumbered Estates Act, 1903 (U.P. 1 of 1903).
5. Rep. by Act 42 of 1953.
3
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_6._ [Amendment of Act 16 of 1882.]—Rep. by the Bundelkhand Encumbered Estates Act, 1903 (U.P.
_Act 1 of 1903)._
7. **Discharge of functions assigned to Deputy Commissioner and Commissioner by Act 17 of**
**1886.—The functions assigned to the Deputy Commissioner and the Commissioner by the Jhansi and**
Morar Act, 1886[1] (17 of 1886), shall be discharged by the District Judge and the High Court,
respectively, and references to Courts in the Jhansi district subordinate to the Commissioner shall be
deemed to apply to the Civil Courts established in that district under the Bengal, [2]North-Western
Provinces and Assam Civil Courts Act, 1887 (12 of 1887).
8. **Jhansi Division to cease to be a Scheduled District. — (1) On and from the said day[3] the said**
division shall cease to be a Schedule District [4]***.
9. **Application of Act 12 of 1887 to Jhansi, and disposal of pending cases.—[5]*****
(2) All cases or proceedings pending in any Civil Court in the said division on the said day[3] shall
be disposed of as follows:—
(a) if pending in the Court of a Tahsildar or of an Assistant Commissioner of the second class—
by the Munsif;
(b) if pending in the Court of an Assistant Commissioner of the first class—by the Subordinate
Judge;
(c) if pending in the Court of a Deputy Commissioner—by the District Judge;
(d) if pending in the Court of the Commissioner—by the District Judge, unless the case
pending is an appeal from a decree or order of the Deputy Commissioner, in which case the appeal
shall be disposed of by the High Court.
(3) For the purposes of sections 20 to 22, both inclusive, of the Bengal, [2]North-Western Provinces
and Assam Civil Courts Act, 1887 (12 of 1887), all decrees and orders passed by Civil Courts in the
said division and not appealed against before the said day[3] shall be deemed—
(a) if passed by the Court of a Tahsildar or an Assistant Commissioner of the second class—to
have been passed by a Munsif;
(b) if passed by the Court of an Assistant Commissioner of the first class—to have been passed
by a Subordinate Judge;
(c) if passed by the Court of a Deputy Commissioner or the Commissioner—to have been
passed by a District Judge.
(4) Where any Civil Court ceases by reason of the passing of this Act to have jurisdiction with
respect to any case, any proceeding in relation to that case which, if that Court had not ceased to have
jurisdiction, might have been had therein, may be had in the Court to which the business of the former
1. Rep. by Act 42 of 1953.
2. “Agra” has been subs. for “North-Western Provinces” by Act 16 of 1911.
3. That is, the 1st April, 1891.
4. The second clause of sub-section (1), and sub-section (2) were rep. by Act 1 of 1938, s. 2 and Sch.
5. Sub-section (1) rep., ibid.
4
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Court is transferred by sub-section (2); but this sub-section shall not apply to cases for which provision
is made in section 623 or section 649 of the Code of Civil Procedure[1] (14 of 1882).
(5) In the case of appeals from the decrees and orders mentioned in sub-section (3) the period of
limitation shall be calculated in accordance with the provisions of section 15 of the Jhansi Courts
Act, 1867[2] (18 of 1867), as though this Act had not been passed.
PART II
# OUDH
**10.** **Commencement of Part II.—This Part shall come into force on such day[3] as the Chief**
Commissioner of Oudh may, by notification in the Official Gazette, direct.
**11.** **Board of Revenue of the North-Western Provinces to be the Board of Revenue of, and**
**Chief Revenue authority in, Oudh.—(1) On and from the day on which this Part comes into force**
the Board of Revenue constituted under the North-Western Provinces Land-revenue Act, 1873[4] (19 of
1873), shall be deemed to be also the Board of Revenue for the territories administered by the Chief
Commissioner of Oudh, and shall be known and designated as the Board of Revenue of the NorthWestern Provinces and Oudh[5].
(2) All references made in any enactment as amended by this Part to the Board of Revenue shall be
deemed, so far as they relate to Oudh, to refer to the said Board.
(3) In any enactment for the time being in force in the territories administered by the Chief
Commissioner of Oudh, in which the expression “Chief Revenue-authority” or “Chief Controlling
Revenue-authority” is used, the expression shall, subject to the provisions of any enactment passed
after the said day[3], be construed, so far as the said territories are concerned, as referring to the Board
of Revenue of the North-Western Provinces and Oudh[5].
**12.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**13.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**14.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**15.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**16.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**17.** **[Repealed.]—Rep. by the Repealing and Amending Act, 1891 (12 of 1891).**
**18.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**19.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**20.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**21.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
1. _See now the Code of Civil Procedure, 1908 (5 of 1908)._
2. Act 18 of 1867 rep. by s. 5 (2) of this Act.
3. 1st January, 1891, see the North-Western Provinces and Oudh Gazette, 1890, Pt. I, p.661.
4. Since rep. by the U.P. Land-revenue Act,1901 (U.P. 3 of 1901), s. 2, but not so as to affect anything done under Act 19 of
1873, see s. 3.
5. Now the Board of Revenue of the U.P.
5
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**22.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**23.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**24.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**25.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**26.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**27.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**28.** **[Repealed.]—Rep. by the U.P. Act, 1899 (3 of 1899).**
**29.** **[Repealed.]—Rep. by the U.P. Act, 1899 (3 of 1899).**
**30.** **[Repealed.]—Rep. by the U.P. Act, 1899 (3 of 1899).**
**31.** **[Repealed.]—Rep. by the U.P. Act, 1899 (3 of 1899).**
**32.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**33.** **[Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).**
**34.** **[Repealed.]—Rep. by the U.P. Act,1901 (3 of 1901).**
**35.** **[Repealed.]—Rep. by the Repealing and Amending Act, 1891 (12 of 1891).**
**36.** **[Repealed.]—Rep. by the U.P. Act, 1894 (5 of 1894).**
**37.** **[Repealed.]—Rep. by the U.P. Act, 1894 (5 of 1894).**
**38.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
**39.** **[Repealed.]—Rep. by the U.P. Act, 1925 (4 of 1925).**
**40.** **[Repealed.]—Rep. by the U.P. Act, 1925 (4 of 1925).**
**41.** **[Repealed.]—Rep. by the U.P. Act, 1925 (4 of 1925).**
**42.** **[Repealed.]—Rep. by the U.P. Act, 1925 (4 of 1925).**
**43.** **[Repealed.]—Rep. by the Repealing and Amending Act, 1891 (12 of 1891).**
**44.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
**45.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
**46.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
**47.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
**48.** **[Repealed.]—Rep. by the Repealing and Amending Act, 1891 (12 of 1891).**
6
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**49.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
**50.** **[Repealed.]—Rep. by the Repealing and Amending Act, 1891 (12 of 1891).**
**51.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
**52.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
**53.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
**54.** **Pending appeals.—All appeals pending when this Part comes into force[1] from decrees or**
orders passed under the same Act shall be disposed of as if this Act had not been passed:
Provided that the [2][State Government] may, by order, transfer to the District Judge any appeals then
pending before the Commissioner or Collector in cases in which the appeal will, under the Oudh Rent
Act, 1886, (22 of 1886) as amended by this Part, lie to the District Judge.
**55.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
**56.** **[Repealed.]— Rep. by the Repealing and Amending Act, 1891 (12 of 1891).**
**57.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
**58.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
**59.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
**60.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
**61.** **[Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).**
PART III
# THE NORTH-WESTERN PROVINCES AND OUDH
**62.** **Commencement of Part III.— This part shall come into force on such day[3] as the Lieutenant**
Governor of the North-Western Provinces and Chief Commissioner of Oudh may, by notification in the
Official Gazette, direct.
**63.** **Place where the Board may sit.—(1)** Notwithstanding anything [4]*** in section 128 of the
Oudh Rent Act, 1886 (22 of 1886), the Board of Revenue of the North-Western Provinces and Oudh
shall, for the disposal of cases under those Acts, sit in such place or places in the North-Western
Provinces or Oudh as [5][the State Government] may, by notification in the Official Gazette,[6]appoint in
respect to cases under either of those Acts.
(2) For the disposal of cases other than those referred to in sub-section (1) the said Board may,
subject to the orders of [5][the State Government], sit in any place in the North-Western Provinces or
Oudh that the Board thinks fit.
1. That is, the 1st January, 1891.
2. Subs. by the A.O. 1937 for “Chief Commissioner”.
3. 1st January, 1891, see the North-Western Provinces and Oudh Gazette, 1890, Pt. I, p. 661.
4. Section 63, so far as it relates to Act 12 of 1881, that is the words “in s. 152 of the North-Western Provinces Rent
Act, 1881, or” were rep. by the Agra Tenancy Act, 1901 (U.P. 2 of 1901).
5. Subs. by the A.O. 1937 for “the said Lieutenant-Governor and Chief Commissioner”.
6. For notification declaring that the Board of Revenue may sit at the head-quarters of any district of the United Provinces,
_see U.P. Local Rules and Orders._
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**64. [Amendment of section** 4, Act 19 _of_ 1873.] _Rep. by the United Provinces Land-revenue_
_Act, 1901 (U.P. Act 3 of 1901)._
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|
6-Mar-1891 | 08 | The Easements (Extending Act 5 of 1882), 1891 | https://www.indiacode.nic.in/bitstream/123456789/2319/1/189108.pdf | central | # EASEMENTS (EXTENDING ACT V OF 1882)
_________
ARRANGEMENT OF SECTION
________
SECTION
# 1. Extension of Act V, 1882, to Bombay and the North-Western Provinces and Oudh.
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# EASEMENTS (EXTENDING ACT V OF 1882)
# ACT NO. 8 OF 1891[1]
[6th March, 1891.]
# An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in
force.
WHEREAS it is expedient to extend the Indian Easements Act, 1882 (5 of 1882), to certain areas in
which that Act is not in force; It is Hereby enacted as follows:—
**1. Extension of Act V, 1882, to Bombay and the North-Western Provinces and Oudh.—The**
Indian Easements Act, 1882 (V of 1882), is hereby extended to the territories respectively administered
by the Governor of Bombay in Council and the lieutenant-Governor of the [2]North-Western Provinces and
Chief Commissioner of Oudh.
____________
1. Extended Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and the fifth schedule
(w.e.f. 31-10-2019).
2. Now Uttar Pradesh.
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|
21-Mar-1891 | 15 | The Moorshedabad Act, 1891 | https://www.indiacode.nic.in/bitstream/123456789/2320/1/A1891-15.pdf | central | # THE MOORSHEDABAD ACT, 1891
__________
ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Title and commencement.
2. Confirmation of indenture of March, 1891.
3. Additions to schedule to indenture.
4. Limitation for claims to scheduled immoveable property.
5. Perpetual descent of property.
6. Relief from stamp and registration laws.
THE SCHEDULE.
*Subject to Verification and confirmation by Administrative ministry.
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# THE MOORSHEDABAD ACT, 1891
ACT NO. 15 OF 1891
[21st March 1891.]
An Act to confirm and give effect to an Indenture between the Secretary of State and the Nawab
Bahadoor of Moorshedabad, Amir-ul-Omrah.
**Preamble.** — WHEREAS it is expedient to confirm and give effect to the indenture which is set
forth in the schedule to this Act and which was made the twelfth day of March, 1891, between the
Secretary of State for India in Council of the one part and Ihtisham-ul-Mulk Rais-ud Dowlah Amir-ulOmrah Nawab Sir Syud Hussan Ali Khan Bahadoor Mohabat Jung, G.C.I.E., Nawab Bahadoor of
Moorshedabd, eldest son of His late Highness Moontazin-ul-Mulk Mohsenud Dowlah Fureedoon Jah
Syud Mansoor Ali Khan Bahadoor Nusrat Jung, late Nawab Nazim of Bengal, Behar and Orissa, of
the other part; It is hereby enacted as follows :—
**1. Title and commencement. — (1) This Act may be called the Moorshedabad Act, 1891; and**
(2) It shall come into force at once.
**2. Confirmation of indenture of March, 1891.— The said indenture is hereby**
confirmed.
**3. Additions to schedule to indenture.—(1) The Governor General in Council, by**
notification in the Gazette of India, may in his discretion, on the written request of the Nawab
Bahadoor of Moorshedabad for the time being, add, in such form as the Governor General in Council
may think fit, to the schedules of immoveable property which are annexed to the said indenture any
additional immoveable property which may be acquired from time to time for the maintenance of the
position and dignity of the Nawab Bahadoor of Moorshedabad for the time being.
(2) No such notification as is referred to in sub-section (1) shall be made without such previous
publication as would be necessary under section 6 of the General Clauses Act, 1887, in the case of a
rule to be made under an enactment to which that section applies.
(3) The publication in the Gazette of India of such a notification, as having been made by the
Governor General in Council, shall, subject to any further order of the Governor General in Council,
be conclusive proof with respect to the subject-matter of the notification.
**4. Limitation for claims to scheduled immoveable property.—No right to any**
immoveable property mentioned in any of the schedules to the said indenture, or in any addition
which under the last foregoing section may from time to time be made to those schedules or any of
them, shall, if the right has not accrued before the passing of this Act, be acquired by any person by
adverse possession or assertion of title unless such adverse possession or assertion of title is found to
have existed for sixty years.
**5. Perpetual descent of property. —All property, moveable and immoveable, mentioned in the**
said indenture, or in any of the schedules thereto or in any addition which under section 3 may from
time to time be made to those schedules or any of them, shall descend and, subject to the provisions of
the said indenture, be enjoyed for ever by the Nawab Bahadoor of Moorshedabad for the time being.
**6. Relief from stamp and registration Laws. —The said indenture shall for all the purposes**
of all enactments for the time being in force be admissible in evidence and have in all other respects
the same effect as if it had been duly stamped and registered in such manner as those enactments, or
any of them, or any rule or order under any of them, may require.
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THE SCHEDULE.
(See preamble and following sections.)
HER MAJESTY’S SECRETARY OF STATE FOR INDIA IN COUNCIL,
to
NAWAB SIR SYUD HUSSAN ALI BAHADOOR.
THIS INDENTURE made the twelfth day of March 1891 between the Secretary of State for
India in Council (hereinafter called “the Secretary of State”) of the one part and Ihtisham-ul-Mulk
Rais-ud Dowlah Amir-ul-Omrah Nawab Sir Syud Hussan Ali Khan Bahadoor Mohabat
Jung, G.C.I.E., Nawab Bahadoor of Moorshedabad (hereinafter called “the said Nawab Bahadoor”)
eldest son of His late Highness Moontazim-ul-Mulk Mohsen-ud Dowlah Fureedoon Jah
Syud Monsoor Ali Khan Bahadoor Nusrut Jung late Nawab Nazim of Bengal, Behar and Orissa
(who is hereinafter referred to as “the said Nawab Nazim”) of the other part. _Whereas the said_
Nawab Nazim in the year 1838 being then a minor of about the age of ten years succeeded
by hereditary descent to the honours and dignities of the Nizamut and Subahdary of Bengal, Behar
and Orissa and was thereupon declared in and by a proclamation issued and published by and under
the authority of the Governor General of India in Council for the time being to be the Nawab
Nazim and Subahdar of the Provinces of Bengal, Behar and Orissa and to have assumed
and to exercise the authority dignities and privileges of the said office and dignity under the style
and the title of Moontazim-ul-Mulk Mohsen-ud Dowlah Fureedoon Jah Syud Monsoor Ali
Khan Bahadoor Nusrut Jung. _And whereas the Nawabs Nazim of Bengal, Behar and_
Orissa and their families have under and by virtue of certain treaties and engagements with
the British Government received out of the revenues of the Provinces of Bengal, Behar and
Orissa certain allowances and stipends including the personal stipend of the Nawab Nazim
hereinafter mentioned. _And whereas under various arrangements and in course of the_
administration of the allowances and stipends secured as aforesaid to the said Nawabs Nazim
and their families certain funds known as “Nizamut Deposit Fund” the “Munnee Begum Fund”
and the “Moorshedabad Agency Fund” were created and formed the accumulations of
which applicable to the support of the title and dignity of the said Nawabs Nazim and
their families aggregated at the date of the Indenture of the 1st day of November
1880 hereinafter mentioned about the sum of one crore of rupees. _And whereas certain questions_
and differences arose between the said Nawab Nazim and the Government of India upon
several matters concerning the position and affairs of himself and the members and dependents
of his family known as the Nizamut family. _And whereas with a view to the settlement of_
such questions and differences the said Nawab Nazim in the year 1869 with the sanction
of the Viceroy and Governor General of India in Council left Moorshedabad the usual place
of residence of the said Nawab Nazim and proceeded to England where lie remained and resided
until the period hereinafter mentioned and where he preferred in person to Her
Majesty’s Government several complaints and claims arising out of the said questions and
differences. _And whereas in the year 1873 the Government of India passed an Act (namely Act_
No. XVII of 1873) called the “Nawab Nazim’s Debts Act 1873” whereby after reciting inter alia that
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with respect to certain jewels and immoveable property it was disputed whether they belonged
absolutely to the said Nawab Nazim or were held by the Government of India for the purpose of
upholding the dignity of the Nawab Nazim for the time being and that litigation had consequently
arisen between the creditors of the said Nawab Nazim and the Government of India and reciting that
the Government of India was desirous of settling the said dispute as to the said jewels and
immoveable property it was enacted (inter alia) that the Commissioners thereby directed to be
appointed should ascertain what jewels and immoveable property were held by the Government of
India for the purpose of upholding the dignity of the Nawab Nazim for the time and should certify the
particulars of such jewels and property and that their finding thereon should be binding and
conclusive on all persons whomsoever. _And whereas by the said Act the said Commissioners were_
also directed to ascertain and certify the amount due and owing in respect of the debts and liabilities
incurred by the said Nawab Nazim in India. And whereas the Government of India subsequently in
discharge and in satisfaction of the debts of the said Nawab Nazim which were ascertained and
certified as aforesaid by the Commissioners appointed in pursuance of the said Act paid the sum of
Rs. 16,85,461-7-5½. And whereas the money required for the purposes of such payment was provided
out of the said Nawab Nazim’s personal stipend. _And whereas_ the said Nawab Nazim preferred
certain claims against the said Secretary of State in respect of the arrears of his said personal stipend
and of other pecuniary claims against the Government of India and in respect of certain jewels and
other moneys and property claimed by the said Nawab Nazim on various accounts connected with the
Nizamut and otherwise. And whereas by Indenture dated the 1st day of November 1880 it was agreed
between the said Secretary of State and the said Nawab Nazim that the said Nawab Nazim should be
paid and should accept and he was paid and accepted the sum of ten lakhs of rupees in full satisfaction
and discharge of all his personal claims of what nature or kind soever against the Government of India
whether connected with or arising out of the Nizamut or otherwise the said sum being made up of the
following particulars namely—
Rs.
Out of the balance of personal stipend to 31st October, 1880 **.** 7,53,642
Balance of advance of Rs. 4,00,000 from deposit fund made in
1869 to permit of the said Nawab Nazim proceeding to Eng
land . . . . . . . . . . . . . . . . . . . . . . . 1,50,000
Value of jewels . . . . . . . . . . . . . . . . . . 96,358
TOTAL . 10,00,000
_And whereas by the report and certificate of the Commissioners appointed under the said Nawab_
Nazim’s Debts Act 1873 bearing date the 13th day of December 1875 the said Commissioners
certified and declared that the immoveable property and jewels respectively specified in the schedules
annexed to their said report and certificate and numbered respectively III and V were State property as
therein defined and they annexed to such report and certificate a schedule numbered IV showing the
rentals payable for the land and buildings included in the said schedules I and II to
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their said report and the names of the persons to whom such rentals were paid. And whereas by and
with the previous sanction of the Viceroy and Governor General of India in Council certain of the
immoveable properties and jewels specified in schedules IV and VI of the said report and certificate
of the said Commissioners have already been sold or are directed to be sold for the purposes
hereinafter specified and the remainder of the immoveable properties specified in the said schedules I
and II to the said report of the said Commissioners are the properties mentioned and specified in
schedules Nos. I and II attached to these presents. And whereas the said Nawab Nazim returned from
England to India in the month of October 1881 and died at Moorshedabad on the 5th day of
November 1884 leaving the said Nawab Bahadoor his eldest son surviving him. And whereas it is not
considered by the Secretary of State necessary or desirable to maintain any longer the office title
position dignities allowances and privileges of Nawab Nazim of Bengal, Behar and Orissa. _And_
_whereas_ by a Sanad of His Excellency the Viceroy and Governor General of India dated the 17th
February 1882 the title of Nawab Bahadoor of Moorshedabad has been granted to the said Nawab
Bahadoor. _And whereas_ by a notification of the Government of India dated the 20th July 1867 the
further title of Amir-ul-Omrah has been also granted by His Excellency the Viceroy and Governor
General of India to the said Nawab Bahadoor. _And whereas_ the said titles of Nawab Bahadoor of
Moorshedabad and Amir-ul-Omrah carry with them the precedence rank dignity and privileges of the
premier noble of the Provinces of Bengal, Behar and Orissa and are descendible to the lineal heirs
male of the said Nawab Bahadoor according to the custom of primogeniture the eldest male of the
eldest branch being preferred. And whereas it has been agreed between the Secretary of State and the
said Nawab Bahadoor that such provision shall be made for the maintenance and support of the
Nawab Bahadoor of Moorshedabad and Amir-ul-Omrah for the time being and for the maintenance of
the honour and dignity of his station as is hereinafter contained and that in consideration thereof the
said Nawab Bahadoor shall for himself his heirs and successors in the said station relinquish all claim
to the said position and dignity of Nawab Nazim of Bengal, Behar and Orissa in manner hereinafter
appearing and execute such release in respect of the stipend pay allowances properties privileges and
rights thereof or appertaining thereto as is hereinafter contained. _And whereas_ it has been agreed
between the Secretary of State and the said Nawab Bahadoor that the provision to be made as
aforesaid for the support and maintenance of the Nawab Bahadoor of Moorshedabad and
Amir-ul-Omrah and for the maintenance of the honour and dignity of his station shall comprise and
consist of the following particulars namely : —
_1st—An_ annual payment of Rs. 2,30,000 from the revenues of the Government of British India
to be made to the Nawab Bahadoor of Moorshedabad for the time being in manner
hereinafter mentioned.
_2nd—The income of the immoveable properties mentioned and specified in the said 1st and_
2nd Schedules to these presents.
_3rd—The income of the immoveable properties mentioned in the 3rd Schedule to these_
presents as purchased with the sale proceeds of the jewels mentioned and specified in Schedules V
and VI to the said report and certificate of the said Commissioners and all properties that may in
future be purchased with the sale proceeds of the said jewels.
_4th—The income of properties purchased with the sale proceeds of such of the immoveable_
properties mentioned and specified in the 1st, 2nd and 3rd Schedules to these presents as may at
any time with the sanction of His Excellency the Governor General in Council be disposed of.
_And whereas various members of the family of the said late Nawab Nazim other than the said_
Nawab Bahadoor are as such in receipt of or entitled to certain stipends allowances and pay
respectively payable to them by the Government of India and it is not intended by these presents to
affect or interfere with such stipends allowances or pay respectively, NOW THIS INDENTURE
WITNESSETH that in pursuance of the said agreement between the Secretary of State and the said
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Nawab Bahadoor and in consideration of the premises and of the conferring of the titles of Nawab
Bahadoor of Moorshedabad and Amir-ul-Omrah as hereinbefore appears and of the provision
hereinafter made or expressed and intended so to be for the support and maintenance of himself and
his successors in the position and station of Nawab Bahadoor of Moorshedabad and Amir-ul-Omrah
and for the maintenance of the honour and dignity of the said station and saving and without prejudice
to any of the said provisions the said Nawab Bahadoor hath for himself his heirs and successors
relinquished and released and doth hereby for ever relinquish and release all claims and demands to
the rank dignity and position of Nawab Nazim and subahdar of Bengal, Behar and Orissa and to the
title of Nawab Nazim and the authority dignity stipend pay allowances privileges and rights thereof or
in any wise thereunto annexed or appertaining or therewith enjoyed and doth hereby release and
discharge the Secretary of State his successors and assigns and the Viceroy and Governor General of
India in Council and each and every of their servants and agents respectively of and from all actions
claims and demands whatsoever that could be brought or made by him or his heirs or successors for or
in respect of the said title position authority dignity stipend pay allowances privileges and rights as
aforesaid and for and in respect of any act deed matter or thing whatsoever done or omitted by the
Secretary of State or the Viceroy and Governor General of India in Council or any of their servants or
agents acting officially in relation to or affecting the interests or claims of the said Nawab Nazim.
AND THIS INDENTURE FURTHER WITNESSETH that in further pursuance of the said agreement
and for the considerations aforesaid the Secretary of State for himself and his successors doth hereby
covenant with the said Nawab Bahadoor and each one of his lineal heirs male who shall succeed in
the manner above recited to the title of Nawab Bahadoor of Moorshedad and Amir-ul-Omrah that the
Secretary of State and his successors shall and will for the due maintenance and support of the said
titles of Nawab Bahadoor of Moorshedabad and Amir-ul-Omrah and the position and station thereto
attaching and of the honour and dignity thereof pay or cause to be paid annually for ever from the
revenues of the Government of India unto the said Nawab Bahadoor and his lineal heirs male in
perpetuity the sum of rupees two lakhs and thirty thousand by equal monthly instalments of rupees
nineteen thousand one hundred and sixty-six ten annas and eight pies by monthly instalments on or
before the 5th day of each and every succeeding month from the Treasury of the Government of India
at Berhampore and it is hereby further agreed and declared by and between the Secretary of State and
the said Nawab Bahadoor that the several immoveable properties mentioned and specified in the 1st,
and 2nd Schedules to these presents and also the immoveable property mentioned and specified in the
3rd Schedule thereto (being the immoveable property that has been purchased with the sale proceeds
of certain of the jewels mentioned and specified in the V and VI Schedules to the said report and
certificate) and also all other the immoveable properties that shall hereafter be purchased with the sale
proceeds of any of the said jewels mentioned and specified in the said last mentioned schedules and
further all the properties purchased with the sale proceeds of such of the immoveable properties
mentioned and specified in the 1st 2nd and 3rd Schedules to these presents as may at any time with
the sanction of His Excellency the Governor General in Council be disposed of shall henceforth and
for ever be held and enjoyed by the said Nawab Bahadoor and such one among his lineal heirs male as
may be successively entitled to hold the said titles in perpetuity with and subject to the incidents
powers limitations and conditions as to inalienability and otherwise hereinafter contained that is to
say —
_1st—The said Nawab Bahadoor shall not nor shall any of his successors in the said titles sell_
mortgage devise or alienate the said properties respectively or any of them otherwise than by lease
or demise for a term not exceeding 21 years and under a rent without bonus or salamee.
_2nd—It shall be lawful for the Secretary of State and his successors from time to time if any_
default shall be made in payment of the Government revenue or rates or taxes payable to
Government in respect of any of the said immoveable properties to empower the officer in charge
of the Treasury at Berhampore or other proper officer to deduct from and retain out of the said
monthly sum of Rs. 19,166-10-8 hereinbefore covenanted to be paid the amount of any
Government revenue or rates or taxes aforesaid payable in respect of the said immoveable
properties or any of them.
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_3rd—The said Nawab Bahadoor and such of his lineal heirs male as shall in_
succession be entitled to hold the said titles shall maintain and keep in good repair and
condition (reasonable wear and tear and the effects of time fire and earthquake and injury
done by public enemies or by overwhelming force excepted) all the messuages
tenements houses and buildings now standing or being upon any of the said immoveable
properties mentioned and described in the said 1st and 2nd Schedules to these presents
respectively (save and except the messuages tenements houses and buildings mentioned
and specified in Schedule 2B hereto which the said Nawab Bahadoor and his heirs male
successors as aforesaid respectively shall be under no obligation to maintain or repair)
and also all the messuages tenements houses and buildings hereafter to be purchased with
the sale proceeds of any of the said jewels mentioned and specified in the said V and
VI Schedules to the report and certificate aforesaid and of any of the immoveable
properties mentioned and specified in the 1st, 2nd and 3rd Schedules to these presents
or that may be erected or built upon any land so to be purchased but it shall be lawful
for the said Nawab Bahadoor and his heirs male aforesaid successors to the said
position and station of Nawab Bahadoor of Moorshedabad and Amir-ul-Omrah from time
to time at his or their will and pleasure and discretion to pull down and remove all or any
of the said messuages tenements houses and buildings mentioned and specified in the Schedule
2B hereto which are no longer required and to sell and dispose of the materials thereof and
apply and dispose of the said materials or the sale proceeds thereof for his or their own use
and benefit and in such manlier as he or they shall think fit.
In case the said Nawab Bahadoor or any of his lineal heirs male successors to the titles
shall at any time in contravention of the terms of these presents attempt to sell mortgage
devise or alienate (otherwise than by such lease or demise as aforesaid) any of the immoveable
properties aforesaid or shall by a course of extravagance or by waste or mismanagement of their
said immoveable properties in the opinion of the Secretary of State for the time being disable
himself from duly maintaining the dignity of the said position and station then and from time
to time whenever and as often as the same shall happen it shall be lawful for the Secretary
of State for the time being at his discretion to enter into and upon the said immoveable
properties and to hold and take possession thereof and receive and take the rents issues
and profits thereof and also to take and retain the said monthly sum of
Rs. 19,166-10-8 payable from the Government Treasury at Berhampore as hereinbefore mentioned
for such period during the lifetime of the Nawab Babadoor of Moor shedabad and
Amir-ul-Omrah so acting as aforesaid as to the said Secretary of State shall seem
necessary or expedient and the net rents issues and profits of the said immoveable properties
and the said monthly sum of Rs, 19,166-10-8 so to be received and taken by the Secretary of
State as aforesaid shall be applied for the benefit of the said Nawab Bahadoor of Moorshedabad and
Amir-ul-Omrah for the time being for the maintenance of the position and dignity of the said Nawab
Bahadoor of Moorshedabad and Amir-ul-Omrah for the time being in such manner as the Secretary of
State in his discretion shall think proper PROVIDED ALWAYS and it is hereby agreed and declared
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between and by the said parties to these presents that nothing herein contained shall apply to or affect
any property moveable or immoveable of the said Nawab Bahadoor his heirs representatives or
assigns not being property included in any of the Schedules to these presents or not being property
purchased with the sale proceeds of the jewels or lands hereinbefore mentioned or not being property
mentioned in the next following proviso. Provided further that all furniture equipages boats horses
camels and elephants in or about the Palace and the Imambara and belonging to the Nawab Bahadoor
of Moorshedabad and Amir-ul-Omrah for the time being at the time of his decease shall be the
property of and shall be enjoyed by his successor as such. In witness whereof the said parties to these
presents have hereunto set their hands and seals the day and year first above written.
Signed sealed and delivered by
William John Cuningham Officiating -Secretary to the Government of India in the Foreign De- (Sd.) W. J. CUNINGHAM,
partment for and on behalf of His _Officiating Secretary to the_
Excellency the Governor General _Government of India._
of India in Council acting in the
premises for and on behalf of the
Secretary of State for India in
Council in the presence of
(Sd.) G. R. IRWIN,
_Offg. Under Secy. to the Govt. of India._
(Sd.) G. W. F. BUCKLAND,
_Solicitor and Notary Public, Calcutta._
Signed sealed and delivered by
the abovenamed Ihtisham-ul-Mulk
Rais-ud Dowlah Amir-ul-Omrah
Nawab Sir Syud Hussan Ali (Sd.) HUSSAN ALI MIRZA.
Khan Bahadoor Mohabat Jung
G. C. I. E. Nawab Bahadoor of
Moorshedabad in the presence of
(Sd.) S. E. J. CLARKE,
Seal of
_Calcutta._
the Nawab
Bahadoor
(Sd.) G. W. F. BUCKLAND,
_Solicitor and Notary Public, Calcutta._
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|
1-Oct-1891 | 18 | The Bankers Books Evidence Act, 1891 | https://www.indiacode.nic.in/bitstream/123456789/2322/1/a1891-18.pdf | central | # THE BANKERS’ BOOKS EVIDENCE ACT, 1891
_________
ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Title and extent.
2. Definitions.
2A. Conditions in the printout.
3. Power to extend provisions of Act.
4. Mode of proof of entries in bankers’ books.
5. Case in which officer of bank not compellable to produce books.
6. Inspection of books by order of Court or Judge.
7. Costs.
8. Order of court to be construed to be order made by specified officer.
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# THE BANKERS’ BOOKS EVIDENCE ACT, 1891
ACT NO. 18 OF 1891
[1st October, 1890.]
# An Act to amend the Law of Evidence with respect to Bankers’ Books.
WHEREAS it is expedient to amend the Law of Evidence with respect to Bankers’ books; It is hereby
enacted as follows:—
**1. Title and extent.—(1) This Act may be called the Bankers’ Books Evidence Act, 1891.**
(2) It [1]extends to the whole of India [2][except the State of Jammu and Kashmir]; [3]***
4* - - -
**2. Definitions.—In this Act, unless there is something repugnant in the subject or context,—**
5[(1) “company” means any company as defined in section 3 of the Companies Act, 1956
(1 of 1956), and includes a foreign company within the meaning of section 591 of that Act;
(1A) “corporation” means any body corporate established by any law for the time being in force
in India and includes the Reserve Bank of India, the State Bank of India and any subsidiary bank as
defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);]
(2) “bank” and “banker” mean—
6[(a) any company or corporation carrying on the business of banking;]
(b) any partnership or individual to whose books the provisions of this Act shall have been
extended as hereinafter provided;
7[(c) any post office savings bank or money order office;]
8[(3) "bankers' books" include ledgers, day-books, cash-books, account books and all other records
used in the ordinary business of the bank, whether these records are kept in written form or stored in a
micro film, magnetic tape or in any other form of mechanical or electronic data retrieval mechanism,
either onsite or at any offsite location including a back-up or disaster recovery site of both;]
9[(4) “legal proceeding” means,—
(i) any proceeding or inquiry in which evidence is or may be given;
(ii) an arbitration; and
(iii) any investigation or inquiry under the Code of Criminal Procedure, 1973 (2 of 1974), or
under any other law for the time being in force for the collection of evidence, conducted by a
police officer or by any other person (not being a magistrate) authorised in this behalf by a
magistrate or by any law for the time being in force;]
1. The Act has been extended in its application to the whole of the Union territory of Lakshadweep (with effect from 1-10-1967)
_vide Reg. 8 of 1965, s. 3 and the Schedule and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and the Schedule._
This Act shall apply in relation to the Development Banks as if that were a bank as defined in section 2 of this Act, vide Act 18
of 1964, s. 33.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “except Part B State”.
3. The word “and” rep. by Act 10 of 1914, s. 3 and the Second Schedule.
4. Sub-section (3) rep. by s. 3 and the Second Schedule, ibid.
5. Subs. by Act 56 of 1962, s. 4, for clause (1).
6. Subs. by s. 4, ibid., for sub-clause (a)
7. Added by Act 1 of 1893, s. 2.
8. Subs. by Act 55 of 2002, s. 11, for sub-section (3) (w.e.f. 6-2-2003).
9. Subs. by Act 1 of 1984, s. 2, for clause (4) (w.e.f. 15-2-1984).
-----
(5) “the Court” means the person or persons before whom a legal proceeding is held or taken;
(6) “Judge” means a Judge of a High Court Division;
(7) “trial” means any hearing before the Court at which evidence is taken; and
1[(8) “certified copy" means when the books of a bank,—
(a) are maintained in written form, a copy of any entry in such books together with a
certificate written at the foot of such copy that it is a true copy of such entry, that such entry
is contained in one of the ordinary books of the bank and was made in the usual and ordinary
course of business and that such books is still in the custody of the bank, and where the copy
was obtained by mechanical or other process which in itself ensured the accuracy of the copy,
a further certificate to that effect, but where the book from which such copy was prepared has
been destroyed in the usual course of the bank's business after the date on which the copy has
been so prepared, a further certificate to that effect, each such certificate being dated and
subscribed by the principal accountant or manager of the bank with his name and official
title; and
(b) consists of printouts of data stored in a floppy, disc, tape or any other
electro-magnetic data storage device, a printout of such entry or a copy of such printout
together with such statements certified in accordance with the provisions of section 2A.]
2[(c) a printout of any entry in the books of a bank stored in a micro film, magnetic tape
or in any other form of mechanical or electronic data retrieval mechanism obtained by a
mechanical or other process which in itself ensures the accuracy of such printout as a copy of
such entry and such printout contains the certificate in accordance with the provisions of
section 2A.]
3[2-A. Conditions in the printout.—A printout of entry or a copy of printout referred to in
sub-section (8) of section 2 shall be accompanied by the following, namely: —
(a) a certificate to the effect that it is a printout of such entry or a copy of such printout by the
principal accountant or branch manager ; and
(b) a certificate by a person in-charge of computer system containing a brief descriptions of the
computer system and the particulars of—
(A) the safeguards adopted by the system to ensure that data is entered or any other operation
performed only by authorised persons;
(B) the safeguards adopted to prevent and detect unauthorised change of data;
(C) the safeguards available to retrieve data that is lost due to systemic failure or any other
reasons;
(D) the manner in which data is transferred from the system to removable media like floppies,
discs, tapes or other electro-magnetic data storage devices;
(E) the mode of verification in order to ensure that data has been accurately transferred to
such removable media;
(F) the mode of identification of such data storage devices;
(G) the arrangements for the storage and custody of such storage devices;
1. Subs. by Act 21 of 2000, s. 93 and the third Schedule, for sub-section (8) (w.e.f. 17-10-2000).
2. Ins. by Act 55 of 2002, s. 11 (w.e.f. 6-2-2003).
3. Ins. by Act 21 of 2000, s. 93 and the third Schedule (w.e.f. 17-10-2000).
-----
(H) the safeguards to prevent and detect any tampering with the system; and any other factor
which will vouch for the integrity and accuracy of the system.
(c) a further certificate from the person in-charge of the computer system to the effect that to the
best of his knowledge and behalf, such computer system operated properly at the material time, he
was provided with all the relevant data and the printout in question represents correctly, or is
appropriately derived from, the relevant data.]
**3. Power to extend provisions of Act.—The State Government may, from time to time, by**
notification in the Official Gazette, extend the provisions of this Act to the books of any partnership or
individual carrying on the business of bankers within the territories under its administration, and keeping
a set of not less than three ordinary account-books, namely, a cashbook, a day-book or journal, and a
ledger, and may in like manner rescind any such notification.
**4. Mode of proof of entries in bankers’ books.—Subject to the provisions of this Act, a certified**
copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of
the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts
therein recorded in every case where, and to the same extent as, the original entry itself is now by law
admissible, but not further or otherwise.
**5. Case in which officer of bank not compellable to produce books.—No officer of a bank shall in**
any legal proceeding to which the bank is not a party be compellable to produce any banker’s book the
contents of which can be proved under this Act, or to appear as a witness to prove the matters,
transactions and accounts therein recorded, unless by order of the Court or a Judge made for special
cause.
**6. Inspection of books by order of Court or Judge.—(1) On the application of any party to a legal**
proceeding the Court or a Judge may order that such party be at liberty to inspect and take copies of any
entries in a banker’s book for any of the purposes of such proceeding, or may order the bank to prepare
and produce, within a time to be specified in the order, certified copies of all such entries, accompanied
by a further certificate that no other entries are to be found in the books of the bank relevant to the matters
in issue in such proceeding, and such further certificate shall be dated and subscribed in manner
hereinbefore directed in reference to certified copies.
(2) An order under this or the preceding section may be made either with or without summoning the
bank, and shall be served on the bank three clear days (exclusive of bank holidays) before the same is to
be obeyed, unless the Court or Judge shall otherwise direct.
(3) The bank may at any time before the time limited for obedience to any such order as aforesaid
either offer to produce their books at the trial or give notice of their intention to show cause against such
order, and thereupon the same not be enforced without further order.
**7. Costs.—(1) The costs of any application to the Court or a Judge under or for the purposes of this**
Act and the costs of anything done or to be done under an order of the Court or a Judge made under or for
the purposes of this Act shall be in the discretion of the Court or Judge, who may further order such costs
or any part thereof to be paid to any party by the bank if they have been incurred in consequence of any
fault or improper delay on the part of the bank.
(2) Any order made under this section for the payment of costs to or by a bank may be enforced as if
the bank were a party to the proceeding.
(3) Any order under this section awarding costs may, on application to any Court of Civil Judicature
designated in the order, be executed by such Court as if the order were a decree for money passed by
itself:
-----
Provided that nothing in this sub-section shall be construed to derogate from any power which the
Court or Judge making the order may possess for the enforcement of its or his directions with respect to
the payment of costs.
1[8. Order of court to be construed to be order made by specified officer.—In the application of
sections 5, 6 and 7 to any investigation or inquiry referred to in sub-clause (iii) of clause (4) of section 2,
the order of al Court or a Judge referred to in the said sections shall be construed as referring to an order
made by an officer of a rank not lower than the rank of a Superintendent of Police as may be specified in
this behalf by the appropriate Government.
_Explanation.—In the this section, “appropriate Government” means the Government by which the_
police officer or any other person conducting the investigation or inquiry is employed.]
___________
1. Ins. by Act 1 of 1984, s. 2 (w.e.f. 15-2-1984).
-----
|
25-Mar-1892 | 05 | The Bengal Military Police Act, 1892. | https://www.indiacode.nic.in/bitstream/123456789/19221/1/A1892-05.pdf | central | THE BENGAL MILITARY POLICE ACT, 1892
________
ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Title, extent and commencement.
2. Definitions.
3. Enrolment and discharge of Military Police-officers.
4. Classes and grades of Military Police-officers.
5. More heinous offences.
6. Less heinous offences.
7. Minor punishments.
8. Place of imprisonment.
9. Saving of prosecutions under other laws.
10. Conferment of magisterial powers on Police-officers.
11. Disciplinary and other powers of Commandants and Seconds-in-Command of Military Police
otherwise than in respect of Military Police.
12. Privileges of Commandants and Seconds-in-Command of Military Police as Police-officers.
13. Power to make rules.
THE SCHEDULE.
1
-----
# THE BENGAL MILITARY POLICE ACT, 1892
ACT NO. V OF 1892
PASSED BY THE GOVERNOR GENERNAL OF INDIA IN COUNCIL.
(Received the assent of the Governor General on the 25th March, 1892.)
________
An Act for the Regulation of the Bengal Military Police.
WHEREAS it is expedient to make provision for the better regulation of the Bengal Reserve Police;
It is hereby enacted as follows:—
**1. Title, extent and commencement.—(1) This Act may be called the Bengal Military Police**
Act, 1892.
(2) It extends to the whole of the territories subject to the Lieutenant-Governor of Bengal: and
(3) It shall come into force on such day as the Local Government may, by notification in the Calcutta
Gazette, appoint in this behalf.
**2. Definitions.—In this Act, unless there is something repugnant in the subject or context,—**
(1) “Military Police-officer” means a person appointed to the Bengal Police Force under section 7 of
Act V of 1861, who has signed the statement in the schedule to this act, in accordance with the provisions
of this Act:
(2) “active service” means service against hostile tribes or other persons in the filed:
(3) “District Magistrate” includes a Deputy Commissioner, an Assistant Commissioner in charge of a
sub-division, and the Superintendent of the South Lushai Hill:
(4) “Commandant” means a person appointed by the Local Government to be a Commandant of
Military Police and includes a District Superintendent of Police and an Assistant District Superintendent of
Police in charge of the civil police of a district or of a sub-division:
(5) “Second-in-Command” means a person appointed by the Local Government to be a Second-in
Command of Military Police, and includes an Assistant District Superintendent of Police not in charge of
the civil police of a district or of a sub-division: and
(6) the expression “reason to believe,” “criminal force,” “assault,” “fraudulently” and “voluntarily
causing hurt” have the meaning assigned to them respectively in the Indian Penal Code (XV of 1860).
**3. Enrolment and discharge of Military Police-officers.—(1) Before an officer appointed to the**
Bengal Police Force under section 7 of Act V of 1861 is appointed to be a Military Police-officer, the
statement in the schedule shall be read and if necessary explained to him in the presence of a Magistrate,
Commandant or Second-in-Command, and shall be signed by him in acknowledgment of its having been
so read to him.
(2) Notwithstanding any notice given under section 9 of Act V of 1861, a Military Police-officer shall
not be entitled to be discharged from the Bengal Police Force except in accordance with the terms of the
statement which he has signed under this Act.
**4. Classes and grades of Military Police-officers.—(1) There may be all or any of the following**
classes of Military Police-officers, which shall take rank in the order mentioned, namely: —
(i) subadars-major,
(ii) subadars,
2
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(iii) jamadars,
(iv) havildars-major,
(v) havildars,
(iv) naiks,
(vii) buglers, and
(viii) sepoys,
and such grades in each class as the Local Government may direct.
(2) The expression “superior officer” in this Act means in relation to any Police-officer—
(a) any officer of a higher class than or of a higher grade in the same class as himself, and
(b) any Second-in-Command, Commandant or District Magistrate.
**5. More heinous offences.—A Military Police-officer who—**
(a) begins, excites, causes or joins in any mutiny or sedition or, being present at any mutiny or
sedition, does not use his utmost endeavors to suppress it, or, knowing or having reason to believe in
the existence of any mutiny, or of any intention to mutiny, does not without delay give information
thereof to his commanding or other superior officer; or
(b) uses, or attempts to use, criminal force to or commits an assault on, his superior officer, whether
on or off duty; or
(c) shamefully abandons or delivers up any garrison, fortress, post or guard which is committed to
his charge or which it is his duty to defend; or
(d) directly or indirectly holds correspondence with, or assists or relieves, any person in arms
against the State, or omits to discover immediately to his commanding or other superior officer any
such correspondence coming to his knowledge: or
who, while on active service,—
(e) disobeys the lawful command of his superior officer; or
(f) deserts the service; or
(g) being a sentry, sleeps upon his post, or quits it without being regularly relieved or without
leave; or
(h) without authority leaves his commanding officer, or his post or party, to go in search of plunder;
or
(i) quits his guard, picquet, party or patrol without being regularly relieved or without leave; or
(j) uses criminal force to, or commits an assault on, any person bringing provisions or other
necessaries to camp or quarters, or forces safeguard, or without authority breaks into any house or any
other place for plunder, or plunders, destroys or damages any property of any kind; or
(k) intentionally causes or spreads a false alarm in action, camp, garrison or quarters,
shall be punished with transportation for life or for a term of not less than seven years, or with imprisonment
for a term much may extend to fourteen years, or with fine which may extend to three months’ pay, or with
fine to that extent in addition to such sentence of transportation or imprisonment, as the case may be, as
may be passed upon him under this section.
3
-----
**6. Less heinous offences.—A Military Police-officer who—**
(a) is in a state of, intoxication when on or for any duty or on parade or on the line of march; or
(b) strikes or attempts to force any sentry; or,
(c) being in command of a guard, picquet or patrol, refuses to receive any prisoner duly committed
to his charge, or without proper authority releases any prisoner, or negligently suffers any prisoner to
escape; or,
(d) being under arrest or in confinement, leaves his arrest or confinement before he is set at liberty
by proper authority; or
(e) is grossly insubordinate or insolent to his superior officer in the execution of his office; or
(f) refuses to superintend or assist in the making of any field-work or other work of any description
ordered to be made either in quarters or in the field; or
(g) strikes or otherwise ill-uses any Military Police-officer subordinate to him in rank or position;
or
(h) being in command at any post or on the march, and receiving a complaint that any one under
his command has beaten or otherwise maltreated or oppressed any person, or has committed any riot
or trespass, fails, on proof of the truth of the complaint, to have due reparation made as far as possible
to the injured person and to report the case to the proper authority; or
(i) designedly or through neglect injures or loses, or fraudulently disposes of, his arms, clothes,
tools, equipments, ammunition, accoutrements or Military Police necessaries, or any such articles
entrusted to him or belonging to any other person; or
(j) malingers, or feigns or produces disease or infirmity in himself, or intentionally delays his cure,
or aggravates his disease or infirmity; or
_(k) with intent to render himself or any other person unfit for service, voluntarily causes hurt to_
himself or any other person; or
who, while not on active service, —
(l) disobeys the lawful command of his superior officer; or
(m) plunders, destroys or damages any property of any kind; or
(n) being a sentry, sleeps upon his post or quits it without being regularly relieved or without
leave; or
(o) deserts the service;
shall be punished with imprisonment for a term which may extend to one year, or with fine which may
extend to three months' pay, or with both.
**7. Minor punishments.—(1) A District Magistrate, Commandant or Second-in-Command, or an**
officer not being below the rank of subadar commanding a separate detachment or an outpost or in
temporary command at the headquarters of a district during the absence of the District Magistrate,
Commandant and Second-in-Command, may, without a formal trial, award to any Military Police-officer
who is subject to his authority any of the following punishments for the commission of any petty offence
against discipline which is not otherwise provided for in this Act, or which is not of a sufficiently serious
nature to call for a prosecution before a Criminal Court, that is to say—
(a) imprisonment to the extent of seven days in the quarter-guard or such other place as may be
considered suitable, with forfeiture of all pay and allowances during its continuance;
4
-----
(b) punishment drill, extra guard, fatigue, or other duty, not exceeding thirty days in duration, with
or without confinement to quarters.
(2) Any one of these punishments may be awarded separately or in combination with any one or more
of the others.
**8. Place of imprisonment.—A** person sentenced under this Act to imprisonment for a period not
exceeding three months shall, when he is also dismissed from the Bengal Police Force, be imprisoned in
the nearest or such other jail as the Local Government may, by general or special order, direct; but, when
he is not also dismissed from that force, he may, if the convicting officer or District Magistrate so directs,
be confined in the quarter-guard or such other place as the convicting officer or District Magistrate may
# consider suitable.
**9. Saving of prosecutions under other laws.—(1) Nothing in this Act shall prevent any person from**
being prosecuted under Act V of 1861, or under any order or rule made under that Act or under any other
enactment for the time being in force for any act or omission punishable hereunder, or from being liable if
so prosecuted to any other or higher penalty than is provided for that act or omission by this Act:
(2) Provided that no person shall be punished twice for the same offence.
**10. Conferment of magisterial powers on Police-officers.—Notwithstanding anything in**
Act V of 1861 or in any other enactment for the time being in force, the Local Government may invest any
Police-officer not below the rank of Commandant with the powers of Magistrate of any class for the
purpose of enquiring into or trying any offence committed by a Military Police-officer and punishable under
Act V of 1861 or this Act.
**11. Disciplinary and other powers of Commandants and Seconds-in-Command of Military Police**
**otherwise than in respect of Military Police.—Subject to such rules as the Local Government may make**
in this behalf, a Commandant or Second-in Command of Military Police shall have, with respect to Policeofficers appointed to the Bengal Police Force under section 7 of Act V of 1861, who are not Military Policeofficers, the same disciplinary powers as a District Superintendent of Police has with respect to them under
that section.
**12. Privileges of Commandants and Seconds-in-Command of Military Police as Police-officers.—**
A Commandant or Second-in-Command of Military Police shall be entitled to all the privileges which a
Police-officer has under sections 42 and 43 of Act V of 1861, section 125 of the Indian Evidence Act, 1872
(I of 1872), and any other enactment for the time being in force.
**13. Power to make rules.—The Local Government may, as regards the Military Police make such**
orders and rules consistent with this Act as it thinks expedient.
________
5
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THE SCHUDULE.
STATEMENT.
(See _sections 2 and 3.)_
AFTER you have served for three years in the Bengal Military Police, you may, at any time when not
on active service, apply for your discharge, through the officer to whom you may be subordinate, to a
Commandant of Military Police or to the District Magistrate of the district in which you may be serving,
and you will be granted your discharge after two months from the date of your application unless your
discharge would cause the vacancies in the Bengal Military Police to exceed one-tenth of the sanctioned
strength; in that case you must remain until this objection is waived by competent authority or removed.
But when on active service you have no claim to a discharge, and you must remain and do your duty until
the necessity for retaining you in the Bengal Military Police ceases, when you may make your application
in the manner hereinbefore prescribed. In the event of your re-enlistment, after you have been discharged,
you will have no claim to reckon for pension or any other purpose your service previous to your discharge.
(Signature of Police-officer in acknowledgement of the above _A. B._
having been read to him)
Signed in my presence after I had ascertained that _C.D. Magistrate, Commandant_
_Second-in-Command._
_A. B. understood the purport of what he signed._
6
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|
12-Aug-1892 | 07 | The Madras City Civil Court Act, 1892 | https://www.indiacode.nic.in/bitstream/123456789/2323/1/A1892-7.pdf | central | # THE MADRAS CITY CIVIL COURT ACT, 1892
_________
# ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Title and commencement.
2. Definitions.
3. Constitution of the City Court.
4. Appointment, suspension and removal of Judges.
5. Judge of City Court to be Judge of Small Clause Court.
6. Powers of Judges when City Court consists of more than one Judge.
7. Appointment, powers, duties and punishment of ministerial officers.
8. Questions arising in suits, etc., under Act to be dealt with according to law administered by High
Court.
9. Valuation of immoveable property for jurisdictional purposes.
10. Process-fees.
11. Appointment of Receivers.
12. [Repealed.].
13. Repayment of half fees on settlement before hearing.
14. Allowance for fees paid in City Court in cases removed to High Court.
15. Appeals.
16. Saving of original civil jurisdiction of High Court.
17. Seal to be used.
18. Holidays and vacations.
**Subject to verification**
-----
# THE MADRAS CITY CIVIL COURT ACT, 1892
ACT NO. 7 OF 1892
An Act to establish an additional Civil Court for the City of Madras.
[12th August, 1892.]
WHEREAS it is expedient to establish an additional Civil Court for the City of Madras; It is hereby
enacted as follows:—
**1. Title and commencement.—(1) This Act may be called the Madras City Civil Court Act, 1892;**
1***
2* - - -
**2. Definitions.—In this Act, unless there is something repugnant in the subject or context,—**
(1) “City Court” means the Court established under the next following section;
(2) “City of Madras” means the area within the local limits for the time being of the ordinary
original civil jurisdiction of the High Court;
(3) “High Court” means the High Court of Judicature at Madras; and
(4) “Small Cause Court” means the Court of Small Causes of Madras.
**3. Constitution of the City Court.—The Local Government may, by notification in the official**
Gazette, establish a Court, to be called the Madras City Civil Court, with jurisdiction to receive, try and
dispose of all suits and other proceedings of a civil nature not exceeding two thousand five hundred
rupees in value and arising within the City of Madras, except suits or proceedings which are cognizable—
(a) by the High Court as a Court of Admiralty or Vice-Admiralty or as a Colonial Court of
Admiralty, or as a Court having testamentary, intestate or matrimonial jurisdiction, or
(b) by the Court for the relief of inso0lvent debtors, or
(c) by the Small Cause Court.
**4. Appointment, suspension and removal of Judges.—The Local Government may, by notification**
in the official Gazette, appoint so many persons as it may think fit to be Judges of the City Court; and
may, for any misconduct by a like notification, suspend or remove any Judge so appointed.
**5. Judge of City Court to be Judge of Small Clause Court.—(1) Every person appointed a Judge**
of the City Court shall be, by virtue of his office, a Judge of the Small Cause Court with respect to cases
cognizable by that Court.
(2) Every such Judge shall be liable to perform any duties of a Judge of the Small Cause Court which
the Chief Justice of the High Court may require him to perform.
**6. Powers of Judges when City Court consists of more than one Judge.—When the City Court**
consists of more than one Judge,—
(a) each of the Judges may exercise all or any of the powers conferred on the Court by this Act or
any other law for the time being in force;
**Subject to verification**
1. The word “and” omitted by Act 17 of 1914, s. 3 and the Second Schedule (w.e.f. 16-9-1914).
2. Sub-section (2) omitted by s. 3 and the Second Schedule, ibid. (w.e.f. 16-9-1914).
-----
(b) the Local Government may appoint any one of the Judges to be the principal Judge; and
(c) the principal Judge may, from time to time, make such arrangements as he may think fit for
the distribution of the business of the Court among the various Judges thereof.
**7. Appointment, powers, duties and punishment of ministerial officers.—(1) The Judge of the**
City Court, or, when the Court consists of more than on Judge, the principal Judge, may from time to
time, with the sanction of the Local Government, appoint as many clerks, bailiffs and other ministerial
officers as may be necessary for the administration of justice by the Court and for the exercise and
performance of the powers and duties conferred and imposed on it by this Act or any other law for the
time being in force.
(2) The officers so appointed shall exercise such powers and discharge such duties of a ministerial
nature as the said Judge or principal Judge may from time to time direct.
(3) The said Judge or principal Judge may, subject to the control of the High Court,—
(a) suspend or remove any officer so appointed, or
(b) fine any such officer who is guilty of misconduct or neglect in the performance of the duties
of his office.
(4) Any fine imposed on an officer under sub-section (3) may be deducted from his salary.
**8. Questions arising in suits, etc., under Act to be dealt with according to law administered by**
**High Court.—All questions which arise in suits or other proceedings under this Act in the City Court**
shall be dealt with and determined according to the law for the time being administered by the High Court
in the exercise of its ordinary original civil jurisdiction.
**9. Valuation of immoveable property for jurisdictional purposes.—When the subject-matter of**
any suit or other proceeding is land or a house or a garden, its value for the purposes of the jurisdiction
conferred on the City Court by this Act shall, subject to the other provisions of this Act, be fixed in
manner provided by the Court-fees Act, 1870 (7 of 1870), section 7, clause v.
**10. Process-fees.—Fees chargeable for serving or executing processes issued by the City Court, or**
served or executed under its direction or control, shall be such as the High Court may prescribe with the
approval of the Governor of Fort St. George in Council [1]***.
**11. Appointment of Receivers.—The powers conferred by Chapter XXXVI of the Code of Civil**
Procedure (14 of 1882), on High Courts and District Courts as to the appointment of Receivers may be
exercised by the City Court or any Judge thereof.
**12. [Amendment of Act 15 of 1882, section 31].—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2**
_and the Schedule (w.e.f. 26-2-1938)._
**13. Repayment of half fees on settlement before hearing.—Whenever any suit or proceeding in the**
City Court is settled by agreement of the parties before issues have been settled or any evidence recorded,
half the amount of the institution fees paid by the plaintiff shall be repaid to him by the Court.
**14. Allowance for fees paid in City Court in cases removed to High Court.—When, under**
section 13 of the letters Patent for the High Court, dated the twenty-eight day of December, 1865, or
under section 25 of the Code of Civil Procedure (14 of 1882), the High Court has removed for trial by
itself any suit from the City Court, fees on the scale for the time being in force in the High Court as a
Court of ordinary original civil jurisdiction shall be payable in that Court in respect of the suit and
proceedings therein:
1. The words “and the sanction of the Governor General in Council” omitted by Act 4 of 1914, s. 2 and the Schedule, Part I,
(w.e.f. 24-2-1914).
-----
Provided that, in the levy of any such fees which, according to the practice of the Court, are credited
to the Government, credit shall be given to the plaintiff in the suit for any fee which in the City Court he
has already paid under the Court-fees Act, 1870, on the plaint.
**15. Appeals.—(1) The Court authorized to hear appeals from the City Court shall be the High Court.**
(2) The period of limitation for an appeal from a decree or order of the City Court shall be the same as
that provided by law for an appeal from a decree or order of the High Court in the exercise of its original
jurisdiction.
**16. Saving of original civil jurisdiction of High Court.—Nothing in this Act contained shall affect**
the original civil jurisdiction of the High Court:
Provided that—
(1) if any suit or other proceeding is instituted in the High Court which, in the opinion of the
Judge who tries the same (whose opinion shall be final), ought to have been instituted in the City
Court, no costs shall be allowed to a successful plaintiff, and a successful defendant shall be allowed
his costs as between attorney and client;
(2) in any suit or other proceeding pending at any time in the High Court, and Judge of such
Court may at any stage thereof make an order transferring the same to the City Court if in his opinion
such suit or proceeding is within the jurisdiction of that Court and should be tried therein;
(3) in any suit or other proceeding so transferred, the Court-fees Act, 1870 (7 of 1870), shall
apply, credit being given for any fees levied in the High Court.
**17. Seal to be used.—The City Court shall use a seal of such form and dimensions as may be for the**
time being prescribed by the local Government.
**18. Holidays and vacations.—(1) The Judge of the City Court, or, when the Court consists of more**
than one Judge, the principal Judge, shall, at the commencement of each year, draw up a list of holidays
and vacations to be observed in the Court, and shall submit the same for the approval of the Local
Government.
(2) Such list, when it has received such approval, shall be published in the official Gazette, and the
said holidays and vacations shall be observed accordingly.
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|
9-Mar-1893 | 06 | The Sir Dinshaw Manockjee Petit Act, 1893 | https://www.indiacode.nic.in/bitstream/123456789/19225/1/a1893-06.pdf | central | THE SIR DINSHAW MANOCKJEE PETIT ACT, 1893
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ARRANGEMENT OF SECTIONS
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SECTIONS
1. Incorporation of Trustee.
2. Heirs of Sir Dinshaw Manockjee Petit to take his name.
3. Vesting and application of income of settled property.
4. Application of income during minority.
5. Mansion-house limited to the use of the Baronet for the time being.
6. Devolution of interest where beneficiary refuses, neglects or discontinues to use the names
Dinshaw Manockjee Petit.
7. Power to charge settled property for jointure of widow.
8. Limitation to amount of jointure.
9. Exclusion of wives from interest in Mansion-house.
10. Limitation of transfers to life of transferor.
11. Addition of stocks, funds or securities to settled property.
12. Insurance of Mansion-house, and application of money received in respect of insurance.
13. Mansion-house and other hereditaments to be kept in repair.
14. Power of Corporation to sell or exchange Mansion-house or other hereditaments.
15. Powers of Corporation in respect of such sale or exchange.
16. Investment of moneys received on such sale or exchange.
17. Investments and lands resulting from such sale or exchange to be held on trusts declared by this
Act.
18. Reimbursement of expenses of Corporation.
19. Saving existing rights.
THE SCHEDULE.
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THE SIR DINSHAW MANOCKJEE PETIT ACT, 1893
## ACT NO. VI OF 1893
PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
(Received the assent of the Governor General on the _9th March, 1893.)_
An Act for settling Bonds of the Municipal Corporation of the City of Bombay producing an annual income
of one lakh and twenty five thousand rupees and a Mansion-house and hereditaments called "Petit Hall"
in the Island of Bombay, the property of Sir Dinshaw Manockjee Petit, Baronet, so as to accompany
and support the title and dignity of a Baronet lately conferred by Her Present Majesty Queen Victoria
on him for and during the term of his natural life, and from and immediately after his decease to hold
to his second son, Framjee Dinshaw Petit, Esquire, and the heirs male of his body lawfully begotten,
and in default of such issue with remainder to the heirs male of the body of the said Sir Dinshaw
Manockjee Petit, and for other purposes connected therewith.
WHEREAS by Letters Patent of Her Majesty Queen Victoria, by the Grace of God of the United Kingdom
of Great Britain and Ireland, Queen, Defender of the Faith, dated at Westminster on or about the first
day of September in the fifty-fourth year of Her Reign, and by Warrant under the Queen's sign-manual,
Her said Majesty made known that She, of Her special Grace, certain knowledge and more motion, had
erected, appointed and created her trusty and well beloved Sir Dinshaw Manockjee Petit of "Petit Hall,”
## in the Island of Bombay, Knight, to the dignity, state and degree of a Baronet, and him, the said Sir
Dinshaw Manockjee Petit, for Her Majesty, her heirs and successors, she did erect, appoint and create
a Baronet of the United Kingdom of Great Britain and Ireland by the said Letters Patent, to hold to him,
for and during the term of his natural life, and from and immediately after his decease to hold to Framjee
Dinshaw Petit, Esquire, second son of the said Sir Dinshaw Manockjee Petit, and the heirs male of his
body lawfully begotten and to be begotten, and in default of such issue with remainder to the heirs male
of the body of the said Sir Dinshaw Manockjee Petit lawfully begotten and to be begotten;
And whereas in fulfilment of an engagement in that behalf made with Her Majesty's Government the
said Sir Dinshaw Manockjee Petit is desirous of settling in perpetuity such property on himself and on the
said Framjee Dinshaw Petit and the heirs male of their respective bodies who may succeed to the said
Baronetcy as shall be adequate to support the dignity of the title conferred on him and them as aforesaid;
And whereas the said Sir Dinshaw Manockjee Petit is seised of a Mansion-house and hereditaments
situate in the Island of Bombay called "Petit Hall," and has an absolute estate of inheritance therein, and is
desirous, in fulfilment of the aforesaid engagement, of settling bonds or debentures of the Municipal
Corporation of the City of Bombay producing an annual income of one lakh and twenty-five thousand
rupees, and the said Mansion-house and hereditaments, to the uses, upon the trusts and for the purposes
hereinafter limited and declared, concerning the same respectively;
And whereas the said Sir Dinshaw Manockjee Petit is also desirous that the said Framjee Dinshaw Petit
and the heirs male of his body, and also the heirs male of the body of the said Sir Dinshaw Manockjee Petit,
to whom the said title and dignity of Baronet shall descend, shall, at the time of such descent upon them
respectively, take and bear the names of "Dinshaw Manockjee Petit" in lieu of any other name or names
whatever which they respectively may bear at the time of such descent on them respectively ; and he is also
desirous that the Accountant-General, Bombay, the Collector of Bombay and the Chief Presidency
Magistrate, Bombay, all for the time being, shall be trustees of the aforesaid Municipal bonds, Mansionhouse and hereditaments, and be likewise the trustees for carrying into execution the general purposes and
powers of this Act, with relation to the same securities and also with relation to the same Mansion-house
and hereditaments;
## And whereas the said Sir Dinshaw Manockjee Petit is desirous of settling the said bonds and the said
Mansion-house and hereditaments so as aforesaid agreed to be settled by him for the purpose of supporting
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the dignity of the said Baronetcy, to the uses, upon the trusts and for the purposes hereinafter limited and
declared concerning the same respectively;
And whereas it is expedient that the aforesaid purposes should be effected by an Act of the Council of
the Governor General for making Laws and Regulations;
It is enacted as follows:—
**1. Incorporation of Trustee.—That Arthur Frederick Cox, Esquire, the Accountant-General of**
Bombay, James MacNabb Campbell, Esquire, the Collector of Bombay, and Charles Philip Cooper,
Esquire, the Chief Presidency Magistrate of Bombay, and their successors, the Accountant-General of
Bombay, the Collector of Bombay, and the Chief Presidency Magistrate of Bombay, all for the time being,
shall be and they are hereby created a Corporation with perpetual succession and a common seal under the
style and title of "The Trustees of the Dinshaw Manockjee Petit Baronetcy," and that the said Arthur
Frederick Cox, James NacNabb Campbell, and Charles Philip Cooper, and their said successors (hereinafter
styled "The Corporation”), shall be and they are hereby constituted, as such Corporation, the Trustee for
executing the powers and purposes of this Act.
**2. Heirs of Sir Dinshaw Manockjee Petit to take his name.—The said Framjee Dinshaw Petit and the**
heirs male of his body and all other the heirs male of the body of the said Sir Dinshaw Manockjee Petit to
whom the said title and dignity shall descend, pursuant to the limitations of the Patent whereby the said
dignity was granted, shall take upon themselves respectively the names of "Dinshaw Manockjee Petit" in
lieu and in the place of any other name or names whatever; and the said Framjee Dinshaw Petit, and also
such heirs male of his body and all such other the heirs male of the said Sir Dinshaw Manockjee Petit
severally and successively, shall be called by the names of "Dinshaw Manockjee Petit," and by those names
shall name, style and write themselves" respectively, upon all occasions whatever.
**3. Vesting and application of income of settled property.—** Immediately from and after the passing
of this Act, bonds of the Municipal Corporation of the City of Bombay, producing an annual income of not
less of settled than one lakh and twenty-five thousand rupees shall property be transferred into the name of
the Corporation, who shall hold the same upon the trusts and for the purposes hereinafter expressed
concerning the same, (that is to say,) upon trust to continue to hold the said bonds until the same shall be
discharged by the Municipal Corporation of the City of Bombay, or shall be sold by the said Trustees at
their discretion, and on such discharge or sale to invest the sum to be received on such occasion in or on
any stocks, funds or securities of or the principal or interest of which is guaranteed by the Government of
the United Kingdom of Great Britain and Ireland or the Government of India; and in like manner, as often
as the same shall been necessary, to alter, vary and, change such stocks, funds and securities for others of
the same or like nature; and upon further trust from time to time to pay and apply the dividends, interest
and annual income of the said bonds, stocks, funds and securities unto and for the benefit of the said Sir
Dinshaw Manockjee Petit during his natural life; and from and immediately after his decease for the benefit
of the said Framjee Dinshaw Petit if he shall survive the said Dinshaw Manockjee Petit during his natural
life; and from and immediately after the death of the survivor of them the said Sir Dinshaw Manockjee Petit
and Framjee Dinshaw Petit for the benefit of the person who, as heir male of the body of the said Framjee
Dinshaw Petit, or of the said Sir Dinshaw Manockjee Petit, as the case may be, shall for the time being have
succeeded to and be in the enjoyment of the title of Baronet conferred by the said Letters Patent as aforesaid,
notwithstanding any rule of law or equity to the contrary, and upon failure and in default of heirs male of
the body of the said Framjee Dinshaw Petit and Sir Dinshaw Manockjee Petit, to whom the same title and
dignity of Baronet may; descend, upon trust for the said Sir Dinshaw Manockjee Petit, his executors,
administrators and assigns, which ultimate remainder or reversion it shall be lawful for the said Sir Dinshaw
Manockjee Petit, his executors, administrators and assigns, at any time or times, during the continuance of
the said title and dignity of Baronet, and until there shall be a failure of heirs male of the body of the said
Sir Dinshaw Manockjee Petit as aforesaid, to assign, transfer, bequeath and dispose of by deed or will or
other assurance or assurances.
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**4. Application of income during minority.—The Corporation during the minority of any person for**
the time being entitled to and in enjoyment of the said dignity of Baronet under the limitations of the said
Letters Patent shall pay and apply for and towards the maintenance, education and benefit of such Baronet,
in each and every year during such his minority as aforesaid, so much only of the annual interest, dividends
and income of the said Trust Funds and premises as tile Corporation shall in their discretion think proper,
and shall from time to time invest the residue of the said annual dividends, interest and income of the said
Trust Funds and premises in and upon stocks, funds and securities of or the principal or interest of which
is guaranteed by the Government of the United Kingdom of Great Britain and Ireland or the Government
of India; and shall upon such Baronet attaining bis majority pay over, transfer and assign to him or as he
shall direct and for his absolute benefit the said investments and all accumulations thereof.
**5. Mansion-house limited to the use of the Baronet for the time being.— The Mansion-house and**
other hereditaments called “Petit Hall” situate in the Island of Bombay with their rights, members and
appurtenances, of which the said Sir Dinshaw Manockjee Petit is seised to him and his heirs, shall, by force
of this Act, from and immediately after the passing thereof, stand limited unto and to the use of the
Corporation upon the trusts hereinafter declared, (that is to say,) upon trust for the said Sir Dinshaw
Manockjee Petit for and during the term of his natural life and from and immediately after his decease upon
trust for the said Framjee Dinshaw Petit for and during the term of his natural life, provided he shall survive
the said Sir Dinshaw Manockjee Petit, and from and immediately after the decease of the survivor of them
the said Sir Dinshaw Manockjee Petit and Framjee Dinshaw Petit upon trust for the heirs male of the body
of the said Framjee Dinshaw Petit who may succeed to the title of Baronet conferred by the said Letters
Patent as aforesaid, and, upon failure and default of heirs male of the body of the said Framjee Dinshaw
Petit to whom the same title and dignity of Baronet may descend as aforesaid, upon trust for the heirs male
of the body of the said Sir Dinshaw Manockjee Petit who may succeed to the said title and upon failure and
default of such last-mentioned heirs male upon trust for the said Sir Dinshaw Manockjee Petit, his heirs and
assigns forever, which ultimate remainder or reversion it shall be lawful for the said Sir Dinshaw Manockjee
Petit and his heirs and assigns at any time or times during the continuance of the said title and dignity of
Baronet, and until there shall be a failure of heirs male of the body of the said Sir Dinshaw Manockjee Petit,
as aforesaid, to grant, convey, devise and dispose of by deed or will or by any other assurance or assurances
by which such an estate in remainder or eversion is capable by law of being convoyed or disposed of by
Parsee inhabitants of British India.
**6. Devolution of interest where beneficiary refuses, neglects or discontinues to use the names**
**Dinshaw Manockjee Petit.—Provided always that in case any person to whom for the time being the said**
title of Baronet shall have descended shall, for the space of one whole year after he shall by virtue of this
Act become entitled to the dividends, interest and income of the said stocks, funds and securities, or to the
possession or receipt of the rents and profits of the said hereditaments, or being then under age is shall for
the space of one whole year after he shall attain the age of twenty one years, refuse or neglect to use the
names, of “Dinshaw Manockjee Petit” as hereinbefore enacted, or in case any such person having so used
those names shall, for the space of six calendar months consecutively during his natural 1ife, discontinue
so to use such names, then, in any or either of the said cases the estate or interest in the said trust funds and
premises of the person who shall so refuse or neglect to use or having used shall so discontinue to use the
said names of “Dinshaw Manockjee Petit” shall during the remainder of his respective natural life be
suspended; and that, during any and every such suspension, the dividends, interest and income of the said
stocks, funds and securities, and the possession and actual occupation and also the rents and profits of the
said hereditaments shall devolve and belong, to the person who, as heir male of the body of the said Framjee
Dinshaw Petit or the said Sir Dinshaw, Manockjee Petit, as the case may be, would have succeeded to and
been in the enjoyment of the title of Baronet conferred by the said Letters Patent in case the person so
refusing or neglecting to use or discontinuing to use the said names of “Dinshaw Manockjee Petit” had
departed this life; but if there should be no such heir male, then to the person or persons who would be
entitled to the same in case there had then been a total failure of issue male of the said Sir Dinshaw
Manockjee Petit.
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**7. Power to charge settled property for jointure of widow.—It shall be lawful for the said Sir**
Dinshaw Manockjee Petit and Framjee Dinshaw Petit, and for any person upon whom the said title of
Baronet shall from time to time descend, when in the actual enjoyment of the said title, and who shall not
refuse, neglect or discontinue to use, for the respective periods hereinbefore in that behalf mentioned, the
said names of "Dinshaw Manockjee Petit” as herein before enacted, either before or after his marriage with
any woman or women by any deed or deeds, writing or writings, with or without power of revocation to be
by him, sealed and delivered in the presence of two or more credible witnesses (but subject and, without
prejudice to any annuity or annuities, if any, which shall be then subsisting and payable by virtue of any
appointment made under and in pursuance of this present power), to limit and appoint unto any woman or
women whom he shall marry for her or their life or lives, and for her or their jointure or jointures in bar of
dower or other legal or customary rights any annuity or yearly sum not exceeding the sum of ten thousand
rupees, clear of all taxes, charges and deductions whatsoever to commence and take effect immediately
after the decease the person limiting or appointing the same and to be issuing and payable Petit of the
dividends, interest and, annual income, of the said stocks, funds and securities, and to be, paid and payable
by equal half-yearly payments on, the thirtieth day of June and the thirty-first day of December, the first of
the said half-yearly payments to be made on the half-yearly day which shall first happen after the decease
of the person who shall have appointed such annuity or yearly sum: Provided always that in case any person
on whom such title shall descend shall have refused or neglected to use the names of "Dinshaw Manockjee
Petit " or shall discontinue to use such names for six calendar months consecutively during his natural life,
every such, limitation and appointment, either previously or afterwards made by him, shall be and become
inoperative and invalid, and no such annuity thereby created or appointed shall take effect or be, payable,
or chargeable, on the said stocks, funds and securities, notwithstanding any such limitation or appointment.
**8. Limitation to amount of jointure.—Provided always that the said dividends, interest and annual**
income of the said stocks, funds and securities shall not at one and the same time be subject to the payment
of more than the yearly sum of twenty thousand rupees for or in respect of any jointure or jointures which
shall be made in pursuance of the power hereinbefore contained, so that if by virtue of or under the same
power the said dividends, interest and annual income would, in case this present provision had not been
interested, be charged at any one time with a greater yearly sum for jointures in the whole than the yearly
sum of twenty thousand rupees, the yearly sum which shall occasion such excess or such part thereof as
shall occasion the same shall during the time of such excess abate and not be payable.
**9. Exclusion of wives from interest in Mansion-house.— The said Mansion-house and hereditaments**
called "Petit Hall," with their rights, members and appurtenances, shall not be subject to any right, interest
estate whatsoever which the wife of the said Sir Dinshaw Manockjee Petit or Framjee Dinshaw Petit, or the
wives of any of the persons who shall successively become entitled thereto, may or might have or claim to
have in the said Mansion-house and hereditaments under any custom or law of the Parsees, or otherwise
howsoever.
**10. Limitation of transfers to life of transferor.—Save as regards the ultimate remainders or**
reversions, hereinbefore limited in trust for the said Sir Dinshaw Manockjee Petit, his heirs, executors,
administrators and assigns respectively, so long as the said title and dignity of Baronet shall endure, and
until there shall be a failure of heirs male of the body of the said Sir Dinshaw Manockjee Petit, to whom
the said title and dignity of Baronet might descend pursuant to the limitations of the Patent whereby the
said dignity was granted, neither the said Sir Djnshaw Manockjee Petit nor the said Ftamjee Dinshaw Petit
nor any of the heirs male of their respective bodies in whose favour trusts are hereinbefore declared of the
dividends, interest and annual income of the said bonds, stocks, funds and securities or of the said Mansion
house and hereditaments called Petit Hall," shall transfer, dispose of, alien, convey, charge or encumber the
said bonds, stocks, funds and securities, or any part thereof, or the dividends, interest and annual income
thereof, or of any part thereof, or the said Mansion-house or hereditaments, or any part thereof, for any
greater or larger estate, interest or time than during his natural life, and for such portion thereof only as he
shall continue to use the names of "Dinshaw Manockjee Petit," nor shall any such person as aforesaid either
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alone or jointly with any other or others of them or with any other person or persons whomsoever have any
power to discontinue or bar the estates tail hereinbefore limited in trust for the heirs male of the respective
bodies of the said Framjee Dinshaw Petit and Sir Dinshaw Manockjee Petit, or either of them, or any estate
or interest hereby or herein created or declared in trust or for the benefit of any person or persons for whose
benefit trusts are declared by this Act of the dividends, interest and annual income of the said bonds, stocks,
funds and securities, or of the said Mansion-house, hereditaments and the rents and profits thereof, or to
prevent any such person or persons from succeeding to, holding or enjoying, receiving or taking the same
premises according to the true intent of the provisions herein. before contained, nor shall the same premises
or any of them be held by any Court of law or equity to have vested in any such person as aforesaid for any
greater estate or interest than during his life, and only during such portion thereof as he shall continue to
use the names of "Dinsbaw Manockjee Petit," and every attempt to male any conveyance, assignment or
assurance contrary to the intention of this Act shall be, and is hereby, declared and enacted to be void.
**11. Addition of stocks, funds or securities to settled property.—If at any time or times hereafter the**
said Sir Dinshaw Manockjee Petit or any other person or persons shall be sons shall be desirous of
augmenting the funds and securities for the time being subject to the trusts of this Act, and for that purpose
and with that intent shall at his or her own expense transfer and deliver to the Corporation any stocks, funds
or securities of or the principal or interest of which is guaranteed by the Government of the United Kingdom
of Great Britain and Ireland or the Government of India, then and as often as the same shall happen the said
Corporation may, with the previous consent of the Governor of Bombay in Council, accept such stocks,
funds and securities, and the Same shall thenceforth be held by the said Corporation upon the same trusts
as are declared by this Act with regard to the said bonds of the Municipal Corporation of the City of
Bombay, or upon such of them as shall then be subsisting and capable of taking effect: Provided always
that the total amount of the stocks, funds and securities for the time being subject to the trust of this Act
shall at no time exceed fifty lakhs of rupees.
**12. Insurance of Mansion-house, and application of money received in respect of insurance.—**
The Corporation shall keep the said Mansion-house called “Petit Hall,” and all the out-buildings and offices
thereof, and also all other messuages or buildings which may from time to time be added thereto or
substituted therefor, or which may here after become subject to any of the trusts of this Act, adequately
insured in the name of the said Corporation of the persons for the time being constituting the same against
loss or damage by, fire, and may apply any portion of the income of the funds for the time being subject to
the trusts of this Act to that purpose, and in case the hereditaments and premises so insured or any part
thereof shall be destroyed or damaged by fire, the moneys received in respect of such insurance shall either
be out under the direction of the said Corporation in re-building or reinstating the hereditaments and
premises so destroyed or damaged by fire, or, upon the application of the person for the time being entitled
to and in the enjoyment of the said dignity of Baronet and with the consent of the Governor of Bombay in
Council, to be notified by a resolution of the Government of Bombay, may be laid out in the purchase of
other hereditaments in the Presidency of Bombay suitable for The support of the dignity of the said title, in
which last mentioned case the hereditaments so purchased shall immediately from and after the completion
of the purchase thereof be and become subject to the uses and trusts of this Act or such of them as shall
then be subsisting and capable of taking effect in the same manner and to the same effect as if such lastmentioned, hereditaments had expressly been named or described in the fifth section of this Act. Until such
insurance moneys shall have been so laid out, the Corporation may invest the same or any part thereof in
any of the Government securities specified in section 16.
**13. Mansion-house and other hereditaments to be kept in repair.—The said Mansion-house and**
premises called “Petit Hall” and all additions thereto, and also all other messuages and hereditaments which
from time to time may be or become subject to the trusts declared by this Ac concerning the said Mansionhouse and premises, shall be kept in good repair, order an condition by and at the expense of the person for
the time being in the enjoyment of the title of Baronet conferred by the said Letters Patent, and in case any
such person shall at any time neglect or refuse to keep the said Mansion-house, hereditaments and premise
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or any them in such good order and condition, it shall b e lawful for the Corporation to keep or cause the
same to be kept in good order and condition and to defray the expense incident thereto from the income of
the funds for the time being subject to the provisions of this Act.
**14. Power of Corporation to sell or exchange Mansion-house or other hereditaments.—The**
Corporation shall hold the said Mansion-house and hereditaments known as “Petit Hall” and also any other
hereditaments for the time being vested in them by virtue of this Act, upon trust with the consent of the
person entitled to an in the actual enjoyment of the title of Baronet conferred by the said Letters Patent, and
with the consent of the Governor of Bombay in Council to be notified as aforesaid, to sell or exchange for
other lands or hereditaments in the Presidency of Bombay the said Mansion-house and hereditaments, and
also any other such hereditaments as aforesaid, and upon any such exchange to give or receive any money
for equality of exchange.
**15. Powers of Corporation in respect of such sale or exchange.—And it is hereby declared that any**
such sale as aforesaid may be made either by public auction or private contract, and that the Corporation
may make any stipulations as to title or evidence or commencement of title or otherwise in any conditions
of sale or contract for sale or exchange of the said hereditaments or any part thereof, and may buy in or
rescind or vary any contract for sale or exchange and re-sell or re-exchange without being responsible for
any loss occasioned thereby.
**16. Investment of moneys received on such sale or exchange.— And it is hereby declared that the**
said Corporation shall receive all moneys which may become payable upon any such sale or exchange as
aforesaid, and with all convenient speed invest the same either in the purchase of any stocks, funds or
securities of or the principal and interest of which is guaranteed by the Government of the United Kingdom
of Great Britain and Ireland or the Government of India, or in the purchase of other lands or hereditaments
situate in the Presidency of Bombay and suitable for the support of the dignity of the said title, yet so as
that every such purchase of lands or hereditaments be made with the consent in writing of the person then
entitled to and in the actual enjoyment of the said title.
**17. Investments and lands resulting from such sale or exchange to be held on trusts declared by**
**this Act.—And it is hereby declared that the stocks, funds and securities and the lands or hereditaments,**
respectively, so to be purchased or taken in exchange as aforesaid shall from and immediately after the
completion of the purchase or exchange thereof, respectively, be held upon the trusts in and by this Act
declared of and concerning the said bonds of the Municipal Corporation for the City of Bombay and the
said Mansion-house and premises called “Petit Hall," respectively, or such of them, respectively, as may
then be subsisting and capable of taking effect.
**18. Reimbursement of expenses of Corporation.—It shall be lawful for the Corporation out of the**
money which shall come to their hands by virtue of the trusts and provisions of this Act to retain and
reimburse themselves all costs, damages and expenses which they shall or may sustain, expend or disburse
in or about the execution of the aforesaid powers; trusts and provisions, or in relation thereto.
**19. Saving existing rights.— Saving always to the Queen's Most Excellent Majesty, Her heirs and**
successors, and to all and every other person and persons, bodies politic and corporate, and his, her and
their respective heirs, successors, executors and administrators and every of them (other than and except
the said Sir Dinshaw Manockjee Petit, bis devisees, heirs and assigns), all such estate, right. title, interest,
claim and demand whatsoever of, into. out of or upon the said Mansion-house and hereditaments called
"Petit Hall," or any part or parts thereof, as they, every or any of them, Had before the passing of this Act,
and would, could or might have had, held or enjoyed in case this Act bad not been passed.
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|
9-Mar-1893 | 04 | The Partition Act, 1893 | https://www.indiacode.nic.in/bitstream/123456789/5657/1/189304.pdf | central | # THE PARTITION ACT, 1893
_________
# ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Title, extent and saving.
2. Power to court to order sale instead of division in partition suits.
3. Procedure when sharer undertakes to buy.
4. Partition suit by transferee of share in dwelling-house.
5. Representation of parties under disability.
6. Reserved bidding and bidding by shareholders.
7. Procedure to be followed in case of sales.
8. Orders for sale to be deemed decrees.
9. Saving of power to order partly partition and partly sale.
10. Application of Act to pending suits.
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# THE PARTITION ACT, 1893
# ACT NO. 4 OF 1893[1]
[9th March, 1893.]
# An Act to amend the Law relating to Partition.
WHEREAS it is expedient to amend the law relating to partition; It is hereby enacted as follows:—
**1. Title, extent and saving.—(1) This Act may be called the Partition Act, 1893.**
(2) It extends to the whole of India [2]*** [3]***.
4* - - -
(4) But nothing herein contained shall be deemed to affect any local law providing for the partition of
immoveable property paying revenue to Government.
**2. Power to court to order sale instead of division in partition suits.—Whenever in any suit for**
partition in which, if instituted prior to the commencement of this Act, a decree for partition might have
been made, it appears to the court that, by reason of the nature of the properly to which the suit relates, or
of the number of the shareholders therein, or of any other special circumstance, a division of the property
cannot reasonably or conveniently be made, and that a sale of the property and distribution of the
proceeds would be more beneficial for all the shareholders, the court may, if it thinks fit, on the request of
any of such shareholders interested individually or collectively to the extent of one moiety or upwards,
direct a sale of the property and a distribution of the proceeds.
**3. Procedure when sharer undertakes to buy.—(1) If, in any case in which the court is requested**
under the last foregoing section to direct a sale, any other shareholder applies for leave to buy at a
valuation the share or shares of the party or parties asking for a sale, the court shall order a valuation of
the share or shares in such manner as it may think fit and offer to sell the same to such shareholder at the
price so ascertained, and may give all necessary and proper directions in that behalf.
(2) If two or more shareholders severally apply for leave to buy as provided in sub-section (1), the
court shall order a sale of the share or shares to the shareholder who offers to pay the highest price above
the valuation made by the court.
(3) If no such shareholder is willing to buy such share or shares at the price so ascertained, the
applicant or applicants shall be liable to pay all costs of or incident to the application or applications.
**4. Partition suit by transferee of share in dwelling-house.—(1) Where a share of a dwelling-house**
belonging to an undivided family has been transferred to a person who is not a member of such family
and such transferee sues for partition, the court shall, if any member of the family being a shareholder
shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it
thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper
directions in that behalf.
(2) If in any case described in sub-section (1) two or more members of the family being such
shareholders severally undertake to buy such share, the court shall follow the procedure prescribed by
sub-section (2) of the last foregoing section.
1. The Act has been extended to—
(1) Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule.
(2) Pondicherry by Act 26 of 1968, s. 3 and the Schedule.
(3) Sikkim (w.e.f. 1-9-1984) vide Notification No. S. O. 651 (E), dated 24-8-1984, Gazette of India, Extraordinary, Part II,
s. 3(ii).
2. 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)..
3. The word “and” rep. by Act 10 of 1914, s. 3 and the Second Schedule.
4. Sub-section (3) rep. by s. 3 and the Second Schedule, ibid.
-----
**5. Representation of parties under disability.—In any suit for partition a request for sale may be**
made or an undertaking, or application for leave, to buy may be given or made on behalf of any party
under disability by any person authorised to act on behalf of such party in such suit, but the court shall not
be bound to comply with any such request, undertaking or application unless it is of opinion that the sale
or purchase will be for the benefit of the party under such disability.
**6. Reserved bidding and bidding by shareholders.—(1) Every sale under section 2 shall be subject**
to a reserved bidding, and the amount of such bidding shall be fixed by the court in such manner as it may
think fit and may be varied from time to time.
(2) On any such sale any of the shareholders shall be at liberty to bid at the sale on such terms as to
non-payment of deposit or as to setting off or accounting for the purchase-money or any part thereof
instead of paying the same as to the court may seem reasonable.
(3) If two or more persons, of whom one is a shareholder in the property, respectively advance the
same sum at any bidding at such sale, such bidding shall be deemed to be the bidding of the shareholder.
**7. Procedure to be followed in case of sales.—Save as hereinbefore provided, when any property is**
directed to be sold under this Act, the following procedure shall, as far as practicable, be adopted,
namely:—
(a) if the property be sold under a decree or order of the High Court of Calcutta, Madras or
Bombay, in the exercise of its original jurisdiction, [1]*** the procedure of such court in its original
civil jurisdiction for the sale of property by the Registrar;
(b) if the property be sold under a decree or order of any other court, such procedure as the High
Court may from time to time by rules prescribe in this behalf, and until such rules-art made the
procedure prescribed in the Code of Civil Procedure in respect of sales in execution of decrees.
**8. Orders for sale to be deemed decrees.—Any order for sale made by the court under section 2, 3**
or 4 shall be deemed to be a decree within the meaning of section 2 of the [2]Code of Civil Procedure (14 of
1882).
**9. Saving of power to order partly partition and partly sale.—In any suit for partition the court**
may, if it shall think fit, make a decree for a partition of part of the property to which the suit relates and a
sale of the remainder under this Act.
**10. Application of Act to pending suits.—This Act shall apply to suits instituted before the**
commencement thereof, in which no scheme for the partition of the partition has been finally approved by
the court.
**———————**
1. The words “or of the Court of the Recorder of Rangoon” omitted by the A.O. 1937.
2. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
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|
22-Mar-1894 | 09 | The Prisons Act, 1894 | https://www.indiacode.nic.in/bitstream/123456789/2325/1/AA1894___09.pdf | central | # THE PRISONS ACT, 1894
__________
ARRANGEMENT OF SECTIONS
__________
CHAPTER I
PRELIMINARY
SECTIONS
1. Title, extent and commencement.
2. [Repealed.].
3. Definitions.
CHAPTER II
MAINTENANCE AND OFFICERS OF PRISONS
4. Accommodation for prisoners.
5. Inspector General.
6. Officers of prisons.
7. Temporary accommodation for prisoners.
CHAPTER III
DUTIES OF OFFICERS
_Generally_
8. Control and duties of officers of prisons.
9. Officers not to have business dealings with prisoners.
10. Officers not to be interested in prison-contracts.
_Superintendent_
11. Superintendent.
12. Records to be kept by Superintendent.
_Medical Officer_
13. Duties of Medical Officer.
14. Medical Officer to report in certain cases.
15. Report on death of prisoner.
_Jailer_
16. Jailer.
17. Jailer to give notice of death of prisoner.
18. Responsibility of Jailer.
19. Jailer to be present at night.
20. Powers of Deputy and Assistant Jailers.
1
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SECTIONS
21. Duties of gate-keeper.
_Subordinate Officers_
22. Subordinate officers not to be absent without leave.
23. Convict officers.
CHAPTER IV
ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS
24. Prisoners to be examined on admission.
25. Effects of prisoners.
26. Removal and discharge of prisoners.
CHAPTER V
DISCIPLINEOF PRISONERS
27. Separation of prisoners.
28. Association and segregation of prisoners.
29. Solitary confinement.
30. Prisoners under sentence of death.
CHAPTER VI
FOOD, CLOTHING AND BEDDING OF CIVILAND UNCONVICTED CRIMINAL PRISONERS
31. Maintenance of certain prisoners from private sources.
32. Restriction on transfer of food and clothing between certain prisoners.
33. Supply of clothing and bedding to civil and unconvicted criminal prisoners.
CHAPTER VII
EMPLOYMENTOF PRISONERS
34. Employment of civil prisoners.
35. Employment of criminal prisoners.
36. Employment of criminal prisoners sentenced to simple imprisonment.
CHAPTER VIII
HEALTH OF PRISONERS
37. Sick prisoners.
38. Record of directions of Medical Officers.
39. Hospital.
CHAPTER IX
VISITSTO PRISONERS
40. Visits to civil and unconvicted criminal prisoners.
41. Search of visitors.
2
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CHAPTER X
OFFENCES IN RELATION TO PRISONERS
SECTIONS
42. Penalty for introduction or removal of prohibited articles into or from prison and communication
with prisoners.
43. Power to arrest for offence under section.
44. Publication of penalties.
CHAPTER XI
PRISON-OFFENCES
45. Prison-offences.
46. Punishment of such offences.
47. Plurality of punishments under section 46.
48. Award of punishments under sections 46 and 47.
49. Punishments to be in accordance with foregoing sections.
50. Medical Officer to certify to fitness of prisoner for punishment.
51. Entries in punishment-books.
52. Procedure on committal of heinous offence.
53. Whipping.
54. Offences by prison-subordinates.
CHAPTER XII
MISCELLANEOUS
55. Extramural custody, control and employment of prisoners.
56. Confinement in irons.
57. Confinement of prisoners under sentence of transportation in irons.
58. Prisoners not to be ironed by Jailer except under necessity.
59. Power to make rules.
60. [Repealed.].
61. Exhibition of copies of rules.
62. Exercise of powers of Superintendent and Medical Officer.
THE SCHEDULE.—[Repealed.].
3
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THE PRISONS ACT, 1894
ACT NO. 9 OF 1894[1]
# An Act to amend the law relating to Prisons.
[22nd March, 1894]
WHEREAS, it is expedient to amend the law relating to prisons in [2][India except the territories
which, immediately before the 1st November, 1956, were comprised in Part B States], and to provide
rules for the regulation of such prison; It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Title, extent and commencement.—(1) This Act may be called the Prisons Act, 1894.**
3[(2) It extends to the whole of India except 4[the territories which, immediately before the 1st
November, 1956, were comprised in Part B States]. ]”
(3) It shall come into force on the first day of July, 1894.
(4) Nothing in this Act shall apply to civil jails in the [5] [State] of Bombay [6] [as it existed
immediately before the 1st November, 1956] outside the city of Bombay, and those jails shall continue
to be administered under the provisions of sections 9 and 16 (both inclusive) of [7]Bombay Act 2 of
1874, as amended by subsequent enactments.
1. Amended in its application to —
(1 ) the Province of Madras by—
(i) the Prisons and Indian Lunacy (Madras Amendment) Act, 1938 (Mad. Act 14 of 1938);
(ii) the Prisons (Madras Amendment) Act, 1940 (Mad. Act 5 of 1940);
(iii) the Prisons (Madras Amendment) Act, 1947 (Mad. Act 18 of 1947); and
(iv) the Prisons (Madras Amendment) No. II Act,1947 (Mad. Act 19 of 1947).
(2) the Punjab by s. 2 of the Prisons (Punjab Amendment) Act, 1926 (Punjab Act 9 of 1926).
(3) Delhi by Delhi Act 6 of 1956.
(4) Assam by Assam Act 12 of 1956.
(5) Orissa by Orissa Act 23 of 1956 and 29 of 1958.
(6) West Bengal by West Bengal Act 22 of 1957.
(7) Himachal Pradesh by Himachal Pradesh Act 10 of 1974.
(8) Kerala by Kerala Act 10 of 1976.
The Act has been extended to —
(1) NEFA by Reg. 30 of 1960. subject to certain modifications, _vide_ s. 3 and the Schedule, _ibid._
(w.e.f. 1-11-1960).
(2) the whole of Madhya Pradesh by Madhya Pradesh Act 40 of 1961.
(3) Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule.
(4) Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule.
(5) Lakshadweep (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 and the Schedule.
(6) the Union territory of Pondicherry by Act 26 of 1968. s. 3 and the Schedule.
(7) Extended to the union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of
2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).
Rep. in part (in West Bengal) by West Bengal Act 7 of 1948.
Rep. in its application to Bellary District by Mysore Act 14 of 1955.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part A States and Part C States”.
3. Subs. by the A. O. 1950, for sub-section (2).
4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
5. Subs. by the A. O. 1950, for “province” which was subs. by the A O. 1948 for “presidency”.
6. Ins. by the Adaptation of Laws (No. 2) Order, 1956.
7. The Civil Jails Act, 1874.
4
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**2. [Repeal.]Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.**
**3. Definitions.—In this Act—**
(1) “prison” means any jail or place used permanently or temporarily under the general
or special orders of a State Government for the detention of prisoners, and includes all
lands and buildings appurtenant thereto, but does not include—
(a) any place for the confinement of prisoners who are exclusively in the custody of the police;
(b) any place specially appointed by the State Government under section 541 of the [1]Code of
Criminal Procedure, 1882 (10 of 1882); or
(c) any place which has been declared by the State Government, by general or special order, to
be a subsidiary jail;
(2) “criminal prisoner” means any prisoner duly committed to custody under the writ,
warrant or order of any Court or authority exercising criminal jurisdiction, or by order of a
Court-martial ;
(3) “convicted criminal prisoner” means any criminal prisoner under sentence of a Court or
Court-martial, and includes a person detained in prison under the provisions of Chapter VIII
of the [1]Code of Criminal Procedure, 1882 (10 of 1882), or under the [2]Prisoners Act, 1871
(5 of 1871) ;
(4) “civil prisoner” means any prisoner who is not a criminal prisoner ;
(5) “remission system” means the rules for the time being in force regulating the award of marks to,
and the consequent shortening of sentences of, prisoners in jail ;
(6) “history-ticket” means the ticket exhibiting such information as is required in respect of each
prisoner by this Act or the rules thereunder ;
(7) “Inspector General” means the Inspector General of Prisons ;
(8) “Medical Subordinate” means an Assistant Surgeon, Apothecary or qualified Hospital
Assistant; and
(9) “prohibited article” means an article the introduction or removal of which into or out of a prison
is prohibited by any rule under this Act.
**STATE AMENDMENT**
**Orissa**
**Amendment of section 3 (9 of 1894).—In section 3 of the Prisons Act, 1894 (9 of 1894)**
(hereinafter referred to as the said Act), for clause (5) the following clauses shall be substituted,
namely:—
“(5) ‘remission system’ means the system of regulating the award of marks to, and the
consequent shortening the sentences of prisoners in jail in accordance with the rules for the
time being in force;
(5a) ‘furlough system’ means the system of releasing prisoners in jail on furlough in
accordance with the rules for the time being in force.”
[Vide the Orissa Act 29 of 1958, s. 2]
**Maharashtra**
**Amendment of section 3 of Act IX of 1894.—In section 3 of the Prisons Act, 1894 (IX of 1894),**
hereinafter to as the said Act, for clause (5), the following clauses shall be substituted, namely:-
1. _See now the Code of Criminal Procedure, 1973 (Act 2 of 1974)._
2. _See now the Prisoners Act, 1900 (3 of 1900)._
5
-----
“(5) ‘remission system’ means the system of regulation the award of marks to, and the consequent
shortening of sentence of, prisoners in jail in accordance with the rules for the time being in force;
(5A) ‘furlough system’ means the system of releasing prisoners in jail in furlough in accordance with
the rules for the time being in force.”
[Vide Bombay Act XXVII of 1953, s. 2]
**Maharashtra**
**Amendment of section 3 of Act IX of 1894.—In the Prisons Act, 1894 (hereinafter referred to as**
“the Principal Act”), in section 3, clause (8) shall be deleted.
[Vide Bombay Act XLV of 1959, s. 2]
CHAPTER II
MAINTENANCE AND OFFICERS OF PRISONS
**4. Accommodation for prisoners.—The State Government shall provide, for the prisoners in**
the territories under such Government, accommodation in prisons constructed and regulated in
such manner as to comply with the requisitions of this Act in respect of the separation of
prisoners.
**5. Inspector General.—An Inspector General shall be appointed for the territories subject to**
each State Government, and shall exercise, subject to the orders of the State Government, the
general control and superintendence of all prisons situated in the territories under such
Government.
**6. Officers of prisons.—For every prison there shall be a Superintendent, a Medical Officer (who may**
also be the Superintendent), a Medical Subordinate, a Jailer and such other officers as the State
Government thinks necessary :
Provided that [1][the State Government of Bombay] may [2]*** declare by order in writing that in any
prison specified in the order the office of Jailer shall be held by the person appointed to be
Superintendent.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 6 of Act IX of 1894.—In section 6 of the principal Act shall be renumbered**
as sub-section (1) of that section.
(2) In sub-section (1) so renumbered—
(a) after the words “a Superintendent” the brackets and words “(who may be a Deputy
Inspector-General of Prisons)” shall be inserted;
(b) the words “a Medical Subordinate” shall be deleted;
(c) after the said sub-section (1), the following sub-section shall be inserted, namely:-
“(2) Where one or more Deputy Superintendents are appointed for a prison, they shall,
subject to the general or special orders of the Inspector-General, exercise, carry out or
discharge all or any of the powers, duties and functions of a Superintendent under this Act, or
any law for the time being in force, as the Superintendent may delegate to them.”
[Vide Bombay Act XLV of 1959, s. 3]
**7. Temporary accommodation for prisoners.—Whenever it appears to the Inspector**
General that the number of prisoners in any prison is greater than can conveniently or safely be
kept therein, and it is not convenient to transfer the excess number to some other prison,
1. Subs. by the A. O. 1937, for “the Governor of Bombay in Council”.
2. The words “with the previous sanction of the G. G. in C.” omitted, ibid.
6
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or whenever from the outbreak of epidemic disease within any prison, or for any other reason, it is
desirable to provide for the temporary shelter and safe custody of any prisoners,
provision shall be made, by such officer and in such manner as the State Government may
direct, for the shelter and safe custody in temporary prisons of so many of the prisoners as
cannot be conveniently or safely kept in the prison.
CHAPTER III
DUTIESOF OFFICERS
_Generally_
**8. Control and duties of officers of prisons.—All officers of a prison shall obey the directions**
of the Superintendent; all officers subordinate to the Jailer shall perform such duties as may be
imposed on them by the Jailer with the sanction of the Superintendent or be prescribed by rules
under section [1][59].
**9. Officers not to have business dealings with prisoners.—No officer of a prison shall sell or**
let, nor shall any person in trust for or employed by him sell or let, or derive any benefit from selling or
letting, any article to any prisoner or have any money or other business dealings, directly or indirectly,
with any prisoner.
**10. Officers not to be interested in prison-contracts.—No officer of a prison shall, nor**
shall any person in trust for or employed by him, have any interest, direct or indirect, in any
contract for the supply of the prison: nor shall he derive any benefit, directly or indirectly, from
the sale or purchase of any article on behalf of the prison or belonging to a prisoner.
_Superintendent_
**11. Superintendent.—(1) Subject to the orders of the Inspector General, the Superintendent**
shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and
control.
(2) Subject to such general or special directions as may be given by the State Government, the
Superintendent of a prison other than a central prison or a prison situated in a presidency-town
shall obey all orders not inconsistent with this Act or any rule thereunder which may be given
respecting the prison by the District Magistrate, and shall report to the Inspector General all such
orders and the action taken thereon.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 11 of Act IX of 1894.—In section 11 of the principal Act, in**
sub-section (2), the words “a central prison or” shall be deleted.
[Vide Bombay Act XLV of 1959, s. 4]
**12. Records to be kept by Superintendent.—The Superintendent shall keep, or cause to be kept, the**
following records :—
(1) a register of prisoners admitted;
(2) a book showing when each prisoner is to be released;
(3) a punishment-book for the entry of the punishments inflicted on prisoners for prison-offences;
(4) a visitors book for the entry of any observation made by the visitors touching any matters
connected with the administration of the prison;
(5) a record of the money and other articles taken from prisoners;
and all such other records as may be prescribed by rules under section 59 [2]***.
1. Subs. by the A. O. 1937, for “60”.
2.The words and figures “or section 60” omitted by the A. O. 1937.
7
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_Medical Officer_
**13. Duties of Medical Officer.—Subject to the control of the Superintendent, the Medical Officer**
shall have charge of the sanitary administration of the prison, and shall perform such [1]duties as may be
prescribed by rules made by the State Government under section [1][59].
**14. Medical Officer to report in certain cases.—Whenever the Medical Officer has reason to**
believe that the mind of a prisoner is, or is likely to be, injuriously affected by the discipline or treatment
to which he is subjected, the Medical Officer shall report the case in writing to the Superintendent,
together with such observations as he may think proper.
This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Inspector
General for information.
**15. Report on death of prisoner.—On the death of any prisoner, the Medical Officer shall**
forthwith record in a register the following particulars, so far as they can be ascertained, namely :—
(1) the day on which the deceased first complained of illness or was observed to be ill,
(2) the labour, if any, on which he was engaged on that day,
(3) the scale of his diet on that day,
(4) the day on which he was admitted to hospital,
(5) the day on which the Medical Officer was first informed of the illness,
(6) the nature of the disease,
(7) when the deceased was last seen before his death by the Medical Officer or Medical
Subordinate,
(8) when the prisoner died, and
(9) (in cases where a post-mortem examination is made) an account of the appearances after death,
together with any special remarks that appear to the Medical Officer to be required.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 15 of Act IX of 1894.—In section 15 of the principal Act, in clause (7), the**
words “or Medical Subordinate” shall be deleted.
[Vide Bombay Act XLV of 1959, s. 5]
_Jailer_
**16. Jailer.—(1) The Jailer shall reside in the prison, unless the Superintendent permits him in writing**
to reside elsewhere.
(2) The Jailer shall not, without the Inspector General’s sanction in writing, be concerned in any other
employment.
**17. Jailer to give notice of death of prisoner.—Upon the death of a prisoner, the Jailer shall give**
immediate notice thereof to the Superintendent and the Medical Subordinate.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 17 of Act IX of 1894.—In section 17 of the principal Act, for the words**
“Medical Subordinate” the words “Medical Officer” shall be substituted.
[Vide Bombay Act XLV of 1959, s. 6]
1.For rules as to Medical Officer’s duties under s. 13, _see different local Rules and Orders._
8
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**18. Responsibility of Jailer.—The Jailer shall be responsible for the safe custody of the records to**
be kept under section 12, for the commitment warrants and all other documents confided to his care, and
for the money and other articles taken from prisoners.
**19. Jailer to be present at night.—The Jailer shall not be absent from the prison for a night**
without permission in writing from the Superintendent but, if absent without leave for a night from
unavoidable necessity, he shall immediately report the fact and the cause of it to the Superintendent.
**20. Powers of Deputy and Assistant Jailers.—Where a Deputy Jailer or Assistant Jailer is appointed**
to a prison, he shall, subject to the orders of the Superintendent, be competent to perform any of the
duties, and be subject to all the responsibilities, of a Jailer under this Act or any rule thereunder.
_Subordinate Officers_
**21. Duties of gate keeper.—The officer acting as gate-keeper, or any other officer of the prison, may**
examine anything carried in or out of the prison, and may stop and search or cause to be searched any
person suspected of bringing any prohibited article into or out of the prison, or of carrying out any
property belonging to the prison, and, if any such article or property be found, shall give immediate notice
thereof to the Jailer.
**22. Subordinate officers not to be absent without leave.—Officers subordinate to the Jailer shall not**
be absent from the prison without leave from the Superintendent or from the Jailer.
**23. Convict officers.—Prisoners who have been appointed as officers of prisons shall be deemed to be**
public servants within the meaning of the Indian Penal Code (45 of 1860).
CHAPTER IV
ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS
**24. Prisoners to be examined on admission.—(1) Whenever a prisoner is admitted into prison, he**
shall be searched, and all weapons and prohibited articles shall be taken from him.
(2) Every criminal prisoner shall also, as soon as possible after admission, be examined under the
general or special orders of the Medical Officer, who shall enter or cause to be entered in a book, to be
kept by the Jailer, a record of the state of the prisoner’s health, and of any wounds or marks on his person,
the class of labour he is fit for if sentenced to rigorous imprisonment, and any observations which the
Medical Officer thinks fit to add.
(3) In the case of female prisoners the search and examination shall be carried out by the matron under
the general or special orders of the Medical Officer.
**25. Effects of prisoners.—All money or other articles in respect whereof no order of a competent**
Court has been made, and which may with proper authority be brought into the prison by any criminal
prisoner or sent to the prison for his use, shall be placed in the custody of the Jailer.
**26. Removal and discharge of prisoners.—(1) All prisoners, previously to being removed to any**
other prison, shall be examined by the Medical Officer.
(2) No prisoner shall be removed from one prison to another unless the Medical Officer certifies that
the prisoner is free from any illness rendering him unfit for removal.
(3) No prisoner shall be discharged against his will from prison, if labouring under any acute or
dangerous distemper, nor until, in the opinion of the Medical Officer, such discharge is safe.
CHAPTER V
DISCIPLINE OF PRISONERS
**27. Separation of prisoners.—The requisitions of this Act with respect to the separation of prisoners**
are as follows :—
9
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(1) in a prison containing female as well as male prisoners, the females shall be imprisoned in
separate buildings, or separate parts of the same building, in such manner as to prevent their seeing, or
conversing or holding any intercourse with, the male prisoners ;
(2) in a prison where male prisoners under the age of [1][twenty-one] are confined, means shall be
provided for separating them altogether from the other prisoners and for separating those of them who
have arrived at the age of puberty from those who have not;
(3) unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners ; and
(4) civil prisoners shall be kept apart from criminal prisoners.
**28. Association and segregation of prisoners.—Subject to the requirements of the last forego-**
ing section, convicted criminal prisoners may be confined either in association or individually in
cells or partly in one way and partly in the other.
**29. Solitary confinement.—No cell shall be used for solitary confinement unless it is furnished**
with the means of enabling the prisoner to communicate at any time with an officer of the prison, and
every prisoner so confined in a cell for more than twenty-four hours, whether as a punishment or
otherwise, shall be visited at least once a day by the Medical Officer or Medical Subordinate.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 29 of Act IX of 1894.—In section 29 of the principal Act, for the**
words “or Medical Subordinate” the words “or any Officer authorised by the Medical Officer in
this behalf” shall be substituted.
[Vide Bombay Act XLV of 1894, s. 7]
**30. Prisoners under sentence of death.—(1) Every prisoner under sentence of death shall,**
immediately on his arrival in the prison after sentence, be searched by, or by order of, the Jailer and all
articles shall be taken from him which the Jailer deems it dangerous or inexpedient to leave in his
possession.
(2) Every such prisoner shall be confined in a cell apart from all other prisoners, and shall be placed
by day and by night under the charge of a guard.
CHAPTER VI
FOOD, CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL PRISONERS
**31. Maintenance of certain prisoners from private sources.—A civil prisoner or an**
unconvicted criminal prisoner shall be permitted to maintain himself, and to purchase, or receive from
private sources at proper hours, food, clothing, bedding or other necessaries, but subject to examination
and to such rules as may be approved by the Inspector General.
**32. Restriction on transfer of food and clothing between certain prisoners.—No part of**
any food, clothing, bedding or other necessaries belonging to any civil or unconvicted criminal prisoner
shall be given, hired or sold to any other prisoner; and any prisoner transgressing the provisions of this
section shall lose the privilege of purchasing food or receiving it from private sources, for such time as
the Superintendent thinks proper.
**33. Supply of clothing and bedding to civil and unconvicted criminal prisoners.—(1)**
Every civil prisoner and unconvicted prisoner unable to provide himself with sufficient clothing
and bedding shall be supplied by the Superintendent with such clothing and bedding as may be
necessary.
(2) When any civil prisoner has been committed to prison in execution of a decree in favour
of a private person, such person, or his representative, shall, within forty-eight hours after the
receipt by him of a demand in writing, pay to the Superintendent the cost of the clothing and
bedding so supplied to the prisoner; and in default of such payment the prisoner may be
released.
1. Subs. by Act 6 of 1930, s. 2, for “eighteen”.
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CHAPTER VII
EMPLOYMENT OF PRISONERS
**34. Employment of civil prisoners.—(1) Civil prisoners may, with the Superintendent’s permission,**
work and follow any trade or profession.
(2) Civil prisoners finding their own implements, and not maintained at the expense of the prison,
shall be allowed to receive the whole of their earnings; but the earnings of such as are furnished with
implements or are maintained at the expense of the prison shall be subject to a deduction, to be
determined by the Superintendent, for the use of implements and the cost of maintenance.
**35. Employment of criminal prisoners.—(1) No criminal prisoner sentenced to labour or**
employed on labour at his own desire shall, except on an emergency with the sanction in writing of the
Superintendent, be kept to labour for more than nine hours in any one day.
(2) The Medical Officer shall from time to time examine the labouring prisoners while they are
employed, and shall at least once in every fortnight cause to be recorded upon the history-ticket of each
prisoner employed on labour the weight of such prisoner at the time.
(3) When the Medical Officer is of opinion that the health of any prisoner suffers from employment
on any kind or class of labour, such prisoner shall not be employed on that labour but shall be placed on
such other kind or class of labour as the Medical Officer may consider suited for him.
**36. Employment of criminal prisoners sentenced to simple imprisonment.—Provision**
shall be made by the Superintendent for the employment (as long as they so desire) of all criminal
prisoners sentenced to simple imprisonment; but no prisoner not sentenced to rigorous imprisonment shall
be punished for neglect of work excepting by such alteration in the scale of diet as may be established by
the rules of the prison in the case of neglect of work by such a prisoner.
CHAPTER VIII
HEALTH OF PRISONERS
**37. Sick prisoners.—(1) The names of prisoners desiring to see the Medical Subordinate or**
appearing out of health in mind or body shall, without delay, by reported by the officer in immediate
charge of such prisoners to the Jailer.
(2) The Jailer shall, without delay, call the attention of the Medical Subordinate to any prisoners
desiring to see him, or who is ill, or whose state of mind or body appears to require attention, and shall
carry into effect all written directions given by the Medical Officer or Medical Subordinate respecting
alterations of the discipline or treatment of any such prisoner.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 37 of Act IX of 1894.—(1) in sub-section (1), for the words**
“Medical Subordinate” the words “Medical Officer” shall be substituted.
(2) In sub-section (2)—
(a) for the words “Medical Subordinate”, where they occur for the first time, the words
“Medical Officer” shall be substituted.
(b) the words “or Medical Subordinate” shall be deleted.
[Vide Bombay Act XLV of 1959, s. 8]
**38. Record of directions of Medical Officers.—All directions given by the Medical Officer or**
Medical Subordinate in relation to any prisoner, with the exception of orders for the supply of medicines
or directions relating to such matters as are carried into effect by the Medical Officer himself or under his
superintendence, shall be entered day by day in the prisoner’s history-ticket or in such other record as the
State Government may by rule direct, and the Jailer shall make an entry in its proper place stating in
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respect of each direction the fact of its having been or not having been complied with, accompanied by
such observations, if any, as the Jailer thinks fit to make, and the date of the entry.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 38 of Act IX of 1894.—In section 38 of the principal Act,--**
(1) the words “or Medical Subordinate” shall be deleted;
(2) in the marginal note, for the word “Officers” the word “Officer” shall be substituted.
[Vide Bombay Act XLV of 1959, s. 9]
**39. Hospital.—In every prison an hospital or proper place for the reception of sick prisoners shall be**
provided.
CHAPTER IX
VISITS TO PRISONERS
**40. Visits to civil and unconvicted criminal prisoners.—Due provision shall be made for**
the admission, at proper times and under proper restrictions, into every prison of persons with
whom civil or unconvicted criminal prisoners may desire to communicate, care being taken that
so far as may be consistent with the interests of justice, prisoners under trial may see their duly
qualified legal advisers without the presence of any other person.
**41. Search of visitors.—(1) The Jailer may demand the name and address of any visitor to prisoner,**
and, when the Jailer has any ground for suspicion, may search any visitor, or cause him to be searched,
but the search shall not be made in the presence of any prisoner or of another visitor.
(2) In case of any such visitor refusing to permit himself to be searched, the Jailer may deny him
admission; and the grounds of such proceeding, with the particulars thereof, shall be entered in such
record as the State Government may direct.
CHAPTER X
OFFENCES IN RELATION TO PRISONS
**42. Penalty for introduction or removal of prohibited articles into or from prison and**
**communication with prisoners.—Whoever, contrary to any rule under section [1][59] introduces**
or removes or attempts by any means whatever to introduce or remove, into or from any prison,
or supplies or attempts to supply to any prisoner outside the limits of a prison, any prohibited
article,
and every officer of a prison who, contrary to any such rule, knowingly suffers any such article to be
introduced into or removed from any prison, to be possessed by any prisoner, or to be supplied to any
prisoner outside the limits of a prison,
and whoever, contrary to any such rule, communicates or attempts to communicate with any
prisoner,
and whoever abets any offence made punishable by this section,
shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding six
months, or to fine not exceeding two hundred rupees, or to both.
**STATE AMENDMENT**
**Rajasthan**
**Amendment of Section 42, Central Act No. 9 of 1894.- In Section 42 of the Prisons Act. 1894**
(Central Act No. 9 of 1894), hereinafter referred to as the principal Act, in its application to the State of
Rajasthan, for the existing expression "for a term not exceeding six months, or to fine not exceeding two
1. Subs. by the A. O, 1937, for “60”.
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hundred rupees, or to both", the expression "for a term not exceeding three years, or to fine not exceeding
three thousand rupees, or to both" shall be substituted.
[Vide Rajasthan Act 26 of 2015, s. 2]
**43. Power to arrest for offence under section 42.—When any person, in the presence of**
any officer of a prison, commits any offence specified in the last foregoing section, and refuses
on demand of such officer to state his name and residence, or gives a name or residence which
such officer knows, or has reason to believe, to be false, such officer may arrest him, and shall
without unnecessary delay make him over to a Police-officer, and thereupon such Police-officer
shall proceed as if the offence had been committed in his presence.
**STATE AMENDMENT**
**Rajasthan**
**Amendment of Section 43, Central Act No. 9 of 1894.- In Section 43 of the principal Act, for the**
existing expression "and refuses on demand of such officer to state his name and residence, or gives a
name or residence which such officer knows, or has reason to believe, to be false," shall be deleted.
[Vide Rajasthan Act 26 of 2015, s. 3]
**44. Publication of penalties.—The Superintendent shall cause to be affixed, in a**
conspicuous place outside the prison, a notice in English and the Vernacular setting forth the
acts prohibited under section 42 and the penalties incurred by their commission.
CHAPTER XI
PRISON-OFFENCES
**45. Prison-offences.—The following acts are declared to be prison-offences when committed by a**
prisoner:—
(1) such wilful disobedience to any regulation of the prison as shall have been declared by rules
made under section 59 to be a prison-offence ;
(2) any assault or use of criminal force ;
(3) the use of insulting or threatening language ;
(4) immoral or indecent or disorderly behaviour ;
(5) wilfully disabling himself from labour ;
(6) contumaciously refusing to work ;
(7) filling, cutting, altering or removing handcuffs, fetters or bars without due authority ;
(8) wilful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment ;
(9) wilful mismanagement of work by any prisoner sentenced to rigorous imprisonment ;
(10) wilful damage to prison-property ;
(11) tampering with or defacing history-tickets, records or documents ;
(12) receiving, possessing or transferring any prohibited article ;
(13) feigning illness ;
(14) wilfully bringing a false accusation against any officer or prisoner ;
(15) omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any
fire, any plot or conspiracy, any escape, attempt or preparation to escape, and any attack or preparation
for attack upon any prisoner or prison-official ; and
(16) conspiring to escape, or to assist in escaping, or to commit any other of the offences aforesaid.
1 46. Punishment of such offences.—The Superintendent may examine any person to
touching any such offence, and determine thereupon, and punish such offence by—
(1) a formal warning :
_Explanation.—A formal warning shall mean a warning personally addressed to a prisoner by the_
Superintendent and recorded in the punishment-book and on the prisoner’s history-ticket ;
1. For rules issued with reference to clauses (4),(6) and (7) of section 46 see Gazette of India, 1923, Pt. 1, p.1751.
13
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(2) change of labour to some more irksome or severe form [1][for such period as may be prescribed
by rules made by the [2][State Government]] ;
(3) hard labour for a period not exceeding seven days in the case of convicted criminal prisoners
not sentenced to rigorous imprisonment ;
(4) such loss of privileges admissible under the remission system for the time being in force as
may be prescribed by rules made by the [3][State Government] ;
(5) the substitution of gunny or other coarse fabric for clothing of other material, not being
woollen, for a period which shall not exceed three months ;
(6) imposition of handcuffs of such pattern and weight, in such manner and for such period, as may
be prescribed by rules made by the [3][State Government] ;
(7) imposition of fetters of such pattern and weight, in such manner and for such period, as may be
prescribed by rules made by the [3][State Government] ;
(8) separate confinement for any period not exceeding [3][three] months ;
_Explanation.—Separate confinement means such confinement with or without labour as_
secludes a prisoner from communication with, but not from sight of, other prisoners, and allows
him not less than one hour’s exercise per diem and to have his meals in association with one or
more other prisoners ;
(9) penal diet,—that is, restriction of diet in such manner and subject to such conditions regarding
labour as may be prescribed by the State Government :
Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety-six
consecutive hours, and shall not be repeated except for a fresh offence nor until after an interval of
one week ;
(10) cellular confinement for any period not exceeding fourteen days :
Provided that after each period of cellular confinement an interval of not less duration than such period
must elapse before the prisoner is again sentenced to cellular or solitary confinement.
_Explanation.—Cellular confinement means such confinement with or without labour as entirely secludes a_
prisoner from communication with, but not from sight of, other prisoners ;
4* - - -
5[(11 )] penal diet as defined in clause (9) combined with 6[cellular] confinement 7***;
2[(12)] whipping, provided that the number of stripes shall not exceed thirty:
Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any
form of handcuffs or fetters, or to whipping.
**STATE AMENDMENT**
**Assam.**
**Amendment of section 46 of Act 9 of 1894.—(1) In Section 46 of the Principal Act, clause (12) and the**
words “or to whipping” appearing in the proviso to the said section shall be omitted and a full stop shall be
substituted for the comma appearing after the word “fetter” in the said proviso.
(2) In section 46 of the Principal Act, add the following clauses after clause (11), namely: —
“(12) forfeiture of class, grade, or prison privileges for a period not exceeding three months;
(13) permanent or temporary reduction from a higher to a lower class or grade”.
[Vide Assam Act 12 of 1956, s. 2.]
1.Added by Act 17 of 1925, s. 2.
2.Subs. by the A. O. 1937, for “G. G _. in C._
3. Subs. by Act 17 of 1925, s. 2, for “six”.
4. Clause (11) omitted by Act 17 of 1925, s. 2.
5. Clauses (12) and (13) renumbered as clauses (11) and (12) respectively by s. 2, ibid.
6. Subs. by s. 2, ibid., for “solitary”.
7. The words “as defined in clause (11)” omitted by s. 2, ibid.
14
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**Orissa**
**Amendment of section 46 (Act 9 of 1894).—In section 46 of the said Act—**
(i) in clause (4) for the words “the remission system” the words “the remission or furlough
system” shall be substituted;
(ii) clause (5) shall be omitted.
[Vide the Orissa Act 29 of 1958, s. 3]
**Orissa**
**Amendment of section 46 (Act 9 of 1894).—In section 46 of the Prisons Act, 1894 (9 of 1894), after**
clause (4) the following new clause shall be inserted, namely:—
“(4-a) temporary forfeiture of class, grade or prison-privileges or temporary or permanent reduction from a
higher to a lower class or grade”.
[Vide the Orissa Act 23 of 1956, s. 2]
**Maharashtra**
**Amendment of section 46 of Act IX of 1894.—In section 46 of the said Act, in clause (4), for the**
words “the remission system” the words “the remission or furlough system” shall be substituted”.
[Vide Bombay Act XXVII of 1953, s. 3]
**47. Plurality of punishment, under section 46.—** [1] [(1)] Any two of the punishments
enumerated in the last foregoing section may be awarded for any such offence in combination,
subject to the following exceptions, namely :—
(1) formal warning shall not be combined with any other punishment except loss of privileges under
clause (4) of that section ;
(2) penal diet shall not be combined with change of labour under clause (2) of that section, nor shall
any additional period of penal diet awarded singly be combined with any period of penal diet awarded in
combination with [2][cellular] confinement ;
3[(3) cellular confinement shall not he combined with separate confinement, so as to prolong the total
period of seclusion to which the prisoner shall be liable ;]
(4) whipping shall not be combined with any other form of punishment except cellular [4][and]
separate confinement and loss of privileges admissible under the remission system ;
5[(5) no punishment will be combined with any other punishment in contravention of rules made by the
6[State Government]]
7[(2) No punishment shall be awarded for any such offence so as to combine, with the punishment
awarded for any other such offence two of the punishment which may not be awarded in combination for
any such offence.]
**STATE AMENDMENT**
**Assam.**
**Amendment of Section 47 of Act IX of 1894.—In sub-section (1) of section 47 of the Principal Act,**
clause (4) shall be omitted.
[Vide Assam Act 12 of 1956, s. 3.]
**Orissa**
**Amendment of section 47 (Act 9 of 1894).—In section 47 of the said Act, in clause (4) of**
sub-section (1) for the words “the remission system” the words “the remission or furlough system” shall
be substituted.
1. Section 47 re-numbered as sub-section (1) of section 47 by Act 17 of 1925, s. 3.
2. Subs. by s. 3, ibid., for “solitary”.
3. Subs. by s. 3, ibid., for exception (3).
4. Subs. by Act 10 of 1914, s. 2 and the First Schedule, for “or”.
5. Added by Act 17 of 1925, s. 3.
6. Subs. by the A.O. 1937, for “G.G. in C.”.
7. Added by Act 17 of 1925, s. 3.
15
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[Vide the Orissa Act 29 of 1958, s. 4]
**Maharashtra**
**Amendment of section 47 of Act IX of 1894.—In section 47 of the said act, in clause (4) of sub-**
section (1), for the words “the remission system” the words “the remission or furlough system” shall be
substituted.
[Vide Bombay Act XXVII of 1953, s. 4]
**48. Award of punishments under sections 46 and 47.—(1) The Superintendent shall have power to**
award any of the punishments enumerated in the two last foregoing sections, subject, in the case of
separate confinement for a period exceeding one month, to the previous confirmation of the Inspector
General.
(2) No officer subordinate to the Superintendent shall have power to award any punishment whatever.
**Orissa**
**Insertion of new section 48-A (Act 9 of 1894).—After section 48 of the said Act, the following new**
section shall be inserted, namely:—
**48-A. Punishment for breach of conditions of suspension of sentence.—If any prisoner fails**
without sufficient cause to observe any of the conditions on which his sentence was suspended or
remitted or furlough was granted to him, he shall be deemed to have committed a prison offence and
the Superintendent may after obtaining his explanation, punish such offence by—
(1) a formal warning as provided in clause (1) of section 46; or
(2) Reduction in grade if such prisoner has been appointed as an officer of prison; or
(3) Loss of privileges admissible under the remission or furlough system; or
(4) Loss of such other privileges as the State Government may, by a general or special order direct.
[Vide the Orissa Act 29 of 1958. s. 5]
**Maharashtra**
**After section 48 of the said Act, the following section shall be inserted, namely:--Insertion of**
section 48A in act IX of 1894.—
“48A. Punishment for breach of conditions of suspension of sentence, etc.-If any prisoner
fails without sufficient cause to observe any of the conditions on which his sentence was suspended
or remitted or furlough was granted to him, he shall be deemed to have committed a prison offence
and the superintendent may, after obtaining his explanation, punish such offence by—
(1) a formal warning as provided in clause (1) of section 46;
(2) reduction in grade if such prisoner has been appointed or furlough system; or
(3) loss of privileges admissible under the remission or furlough system; or
(4) loss of such other privileges as the state Government may by a general or special order
direct.”
[Vide Bombay Act XXVII of 1953, s. 5]
**49. Punishments to be in accordance with foregoing sections.—Except by order of a Court of**
Justice, no punishment other than the punishments specified in the foregoing sections shall be inflicted on
any prisoner, and no punishment shall be inflicted on any prisoner otherwise than in accordance with the
provisions of those sections.
**50. Medical Officer to certify to fitness of prisoner for punishment.—(1) No punishment of penal**
diet, either singly or in combination, or of whipping, or of change of labour under section 46, clause (2),
shall be executed until the prisoner to whom such punishment has been awarded has been examined by
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the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify
accordingly in the appropriate column of the punishment-book prescribed in section 12.
(2) If he considers the prisoner unfit to undergo the punishment, he shall in like manner record his
opinion in writing and shall state whether the prisoner is absolutely unfit for punishment of the kind
awarded, or whether he considers any modification necessary.
(3) In the latter case he shall state what extent of punishment he thinks the prisoner can undergo
without injury to his health.
**STATE AMENDMENT**
**Assam**
**Amendment of Section 50 of Act 9 of 1894.—In sub-section (1) of section 50 of the Principal Act**
the words and comma “or of whipping,” shall be omitted.
[Vide Assam Act 12 of 1956, s. 4.]
**51. Entries in punishment-books.—(1) In the punishment-book prescribed in section 12 there shall**
be recorded, in respect of every punishment inflicted, the prisoner’s name, register number and the class
(whether habitual or not) to which he belongs, the prison-offence of which he was guilty, the date on
which such prison-offence was committed, the number of previous prison-offences recorded against the
prisoner, and the date of his last prison-offence, the punishment awarded, and the date of infliction.
(2) In the case of every serious prison-offence, the names of the witnesses proving the offence shall
be recorded, and, in the case of offences for which whipping is awarded, the Superintendent shall record
the substance of the evidence of the witnesses, the defence of the prisoner, and the finding with the
reasons therefor.
(3) Against the entries relating to each punishment the Jailor and Superintendent shall affix their
initials as evidence of the correctness of the entries.
**STATE AMENDMENT**
**Assam**
**Amendment of Section 51 of Act 9 of 1894.—In sub-section (2) of Section 51 of the**
Principal Act the words “in the words “in the cases of offences for which whipping is awarded” and
the commas before this words and thereafter shall be omitted.
[Vide Assam Act 12 of 1956, s. 5]
**52. Procedure on committal of heinous offence.—If any prisoner is guilty of any offence**
against prison-discipline which, by reason of his having frequently committed such offences or
otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any
punishment which he has power under this Act to award, the Superintendent may forward such
prisoner to the Court of the District Magistrate or of any Magistrate of the first class [1][or Presidency
Magistrate] having jurisdiction, together with a statement of the circumstances, and such Magistrate
shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction,
may sentence him to imprisonment which may extend to one year, such term to be in addition to any
term for which such prisoner was undergoing imprisonment when he committed such offence, or
may sentence him to any of the punishments enumerated in section 46 :
2[Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any
Magistrate of the first class and by a Chief Presidency Magistrate to any other Presidency Magistrate :
and]
Provided also that no person shall be punished twice for the same offence.
**53. Whipping.—(1) No punishment of whipping shall be inflicted in instalments, or except in the**
presence of the Superintendent and Medical Officer or Medical Subordinate.
1. Ins. by Act 13 of 1910, s. 2.
2. Subs. by s. 2, ibid., for the proviso.
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(2) Whipping shall be inflicted with a light ratan not less than half an inch in diameter on the
buttocks, and in case of prisoners under the age of sixteen it shall be inflicted, in the way of school
discipline, with a lighter ratan.
**STATE AMENDMENT**
**Assam**
**Amendment of Section 53 of Act 9 of 1894.—Section 53 of the Principal Act shall be omitted.**
[Vide Assam Act 12 of 1956, s. 6.]
**54. Offences by prison-subordinates.—(1) Every Jailor or officer of a prison subordinate to him**
who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful
order made by competent authority, or who shall withdraw from the duties of his office without
permission, or without having given previous notice in writing of his intention for the period of two
months, or who shall wilfully overstay any leave granted to him, or who shall engage without authority in
any employment other than his prison-duty, or who shall be guilty of cowardice, shall be liable, on
conviction before a Magistrate, to fine not exceeding two hundred rupees, or to imprisonment for a period
not exceeding three months, or to both.
(2) No person shall under this section be punished twice for the same offence.
CHAPTER XII
MISCELLANOUS
**55. Extramural custody, control and employment of prisoners.—A prisoner, when being taken to**
or from any prison in which he may be lawfully confined, or whenever he is working outside or is
otherwise beyond the limits of any such prison in or under the lawful custody or control of a prisonofficer belonging to such person, shall be deemed to be in prison and shall be subject to all the same
incidents as if he were actually in prison.
**56. Confinement in irons.—Whenever the Superintendent considers it necessary (with reference**
either to the state of the prison or the character of the prisoners) for the safe custody of any prisoners that
they should be confined in irons, he may, subject to such rules and instructions as may be laid down by
the Inspector General with the sanction of the State Government, so confine them.
**57. Confinement of prisoners under sentence of transportation in irons.—(1) Prisoners under**
sentence of transportation may, subject to any rules made under section [1][59], be confined in fetters for
the first three months after admission to prison.
(2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner
himself or for any other reason, that fetters should be retained on any such prisoner for more than three
months, he shall apply to the Inspector General for sanction to their retention for the period for which he
considers their retention necessary, and the Inspector General may sanction such retention accordingly.
**58. Prisoners not to be ironed by Jailer except under necessity.—No prisoner shall be put in**
irons or under mechanical restraint by the Jailer of his own authority, except in case of urgent necessity,
in which case notice thereof shall be forthwith given to the Superintendent.
**STATE AMENDMENT**
**Rajasthan**
**Insertion of new Sections 58-A and 58-B, Central Act No. 9 of 1894.- After the existing Section 58**
and before the existing Section 59 of the principal Act, the following new sections shall be inserted,
namely:
1. Subs. by the A.O.1937, for “60”.
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# "58-A. Release of prisoners on parole.- The State Government or any authority empowered by it
may release a prisoner on parole in accordance with such rules as may be made in this behalf.
**58-B. Surrender of prisoners on the expiry of the period of temporary release.- (1) Any prisoner**
released on parole shall surrender himself to the officer in charge of the prison from which he was
released, on the expiry of the period of parole or at such earlier time as he may be directed by the State
Government or any authority empowered by it in this behalf.
(2) Any Prisoner who does not surrender himself as required by sub-section (1) or fails to comply
with any other conditions upon which he is released, may be arrested by any police officer and shall be
liable upon conviction to be punished with imprisonment of either description for a term which may
extend to three years or with fine which may extend to three thousand rupees or with both.".
[Vide Rajasthan Act 26 of 2015, s. 4]
**59. Power to make rules.—[1][(1)] [2][The State Government may] [3][by notification in the Official**
Gazette] make rules consistent with this Act—
(1) defining the acts which shall constitute prison-offences ;
(2) determining the classification of prison-offences into serious and minor offences;
(3) fixing the punishments admissible under this Act which shall be awardable for commission of
prison-offences or classes thereof ;
(4) declaring the circumstances in which acts constituting both a prison-offence and an
offence under the Indian Penal Code (45 of 1860) may or may not be dealt with as a prisonoffence ;
(5) for the award of marks and the shortening of sentences ;
(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak
or attempt to escape ;
(7) defining the circumstances and regulating the conditions under which prisoners in danger of
death may be released ;
4[(8) for the classification of prisons, and description and construction of wards, cells and other
places of detention;
(9) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to
be confined in each class of prisons;
(10) for the government of prisons and for the appointment of all officers appointed under this Act;
(11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained
otherwise than at their own cost;
(12) for the employment, instruction and control of convicts within or without prisons;
(13) for defining articles the introduction or removal of which into or out of prisons without due
authority is prohibited;
(14) for classifying and prescribing the forms of labour and regulating the periods of rest from
labour;
(15) for regulating the disposal of the proceeds of the employment of prisoners;
(16) for regulating the confinement in fetters of prisoners sentenced to transportation;
(17) for the classification and the separation of prisoners;
(18) for regulating the confinement of convicted criminal prisoners under section 28;
1. Section 59 renumbered as sub-section (1) by the Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Subs. by the A.O. 1937, for “The G.G. in C. may for any part of British India, and each L.G. with the previous sanction of the
G.G in C. may for the territories under its administration”.
3. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
4. Subs. by the A.O. 1937, for clauses (8) and (9).
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(19) for the preparation and maintenance of history-tickets;
(20) for the selection and appointment of prisoners as officers of prisons;
(21) for rewards for good conduct;
(22) for regulating the transfer of prisoners whose term of transportation or imprisonment is about
to expire subject, however, to the consent of the State Government of any other State to which a
prisoner is to be transferred;
(23) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics
confined in prisons;
(24) for regulating the transmission of appeals and petitions from prisoners and their
communications with their friends;
(25) for the appointment and guidance of visitors of prisons;
(26) for extending any or all of the provisions of this Act and of the rules thereunder to
subsidiary jails or special places of confinement appointed under section 541 of the [1]Code of
Criminal Procedure, 1882 (10 of 1882), and to the officers employed, and the prisoners
confined, therein;
(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners;
and
(28) generally for carrying into effect the purposes of this Act.]
2[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before the
State Legislature.]
**STATE AMENDMENT**
**Orissa**
**Amendment of section 59 (Act 9 of 1894).—In section 59 of the said Act, for clause (5) the**
following clause shall be substitute, namely:—
“(5) for the award of marks, granting remission or furlough, determining the conditions on
which and the authority by which such remission or furlough shall be granted and the
consequent shortening of the sentence.”
[Vide the Orissa Act 29 of 1958, s. 6]
**Rajasthan**
**Amendment of Section 59, Central Act No. 9 of 1894.- In sub-section (1) of Section 59 of the**
principal Act,
(i) in clause (27), the existing word "and", appearing at the end, shall be deleted; and
(ii) after the clause (27), so amended, and before the existing clause (28), the following new
clause shall be inserted, namely:
"(27-a) for release on parole and determining the conditions on which and the authority by which
prisoners may be released on parole; and"
[Vide Rajasthan Act 26 of 2015, s. 5]
1. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
2. Ins. by Act 4 of 1986 s. 2 and the Schedule (w.e.f. 15-5-1986).
20
-----
**Maharashtra**
**Amendment of section 59 of Act IX of 1894.—In section 59 of the said Act, for clause (5), the**
following clause shall be substituted, namely:-
“(5) for the award of marks, granting remission or furlough, determining the conditions on which
and the authority by which such remission or furlough shall be granted and the consequent shortening
of the sentence.”
[Vide Bombay Act XXVII of 1953, s. 6]
160. [Power of Local Government to make rules.] Rep. by the A. O. 1937.
**61. Exhibition of copies of rules.—Copies of rules, under [2][section 59] so far as they affect**
the government of prisons, shall be exhibited, both in English and in the Vernacular, in some
place to which all persons employed within a prison have access.
**62. Exercise of powers of Superintendent and Medical Officer.—All or any of the powers**
and duties conferred and imposed by this Act on a Superintendent or Medical Officer may in his absence
be exercised and performed by such other officer as the State Government may appoint in this behalf
either by name or by his official designation.
1. This section has been incorporated with slight modifications in clauses (8) to (27) of s. 59.
2. Subs. by the A. O. 1937, for “sections 59 and 60”.
21
-----
_THE SCHEDULE.—[Enactments repealed.] Rep. by the Repealing Act, 1938 (1 of 1938),_
_s. 2 and the Schedule._
_______
22
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|
4-Feb-1897 | 03 | The Epidemic Diseases Act, 1897 | https://www.indiacode.nic.in/bitstream/123456789/2326/1/A1897_03.pdf | central | THE EPIDEMIC DISEASES ACT, 1897
_________
ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Short title and extent.
1A. Definitions.
2. Power to take special measures and prescribe regulations as to dangerous epidemic disease.
2A. Powers of Central Government.
2B. Prohibition of violence against healthcare service personnel and damage to property.
3. Penalty.
3A. Cognizance, investigation and trial of offences.
3B. Composition of certain offences.
3C. Presumption as to certain offences.
3D. Presumption of culpable mental state.
3E. Compensation for acts of violence.
4. Protection to persons acting under Act.
1
-----
# THE EPIDEMIC DISEASES ACT, 1897
ACT NO. 3 OF 1897[1]
[4th February, 1897.]
# An Act to provide for the better prevention of the spread of Dangerous Epidemic Diseases.
WHEREAS it is expedient to provide for the better prevention of the spread of dangerous epidemic
disease; It is hereby enacted as follows :—
**1. Short title and extent.—(1)** This Act may be called the Epidemic Diseases Act, 1897.
2[(2) It extends to the whole of India 3***] 4* * *
5* ***** ***** ***** *****
**6[1A. Definitions.—In this, unless the context otherwise requires,—**
(a) “act of violence” includes any of the following acts committed by any person against a
healthcare service personnel serving during an epidemic, which causes or may cause —
(i) harassment impacting the living or working conditions of such healthcare service
personnel and preventing him from discharging his duties;
(ii) harm, injury, hurt, intimidation or danger to the life of such healthcare service
personnel, either within the premises of a clinical establishment or otherwise;
(iii) obstruction or hindrance to such healthcare service personnel in the discharge of
his duties, either within the premises of a clinical establishment or otherwise; or
(iv) loss or damage to any property or documents in the custody of, or in relation to,
such healthcare service personnel;
(b) “healthcare service personnel” means a person who while carrying out his duties in
relation to epidemic related responsibilities, may come in direct contact with affected patients
and thereby is at the risk of being impacted by such disease, and includes—
(i) any public and clinical healthcare provider such as doctor, nurse, paramedical
worker and community health worker;
(ii) any other person empowered under the Act to take measures to prevent the
outbreak of the disease or spread thereof; and
1. This Act has been amended in its application to—
(1) the Punjab by the Epidemic Diseases (Punjab Amendment) Act, 1944 (Punjab Act 3 of 1944); in East Punjab by
East Punjab Act 1 of 1947:
(2) the C. P. and Berar by the C. P. and Berar Epidemic Diseases (Amendment) Act, 1945 (C. P. and Berar Act 4 of 1945).
The Act has been extended to—
(1) the whole of Madhya Pradesh by M.P. Act 23 of 1958 (when notified).
(2) the transferred territories of Punjab by Punjab Act 8 of 1961.
(3) in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch.
(4) to Lakshadweep (w.e.f. 1-10-1967) : vide Reg. 8 of 1965, s. 3 and Sch.
(5) Union territory of Pondicherry by Act 26 of 1968, s. 3 and Sch.
The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955.
2. Subs. by the A.0. 1950.
3. The words, figures and letters “except the territories which, immediately before the 1st November, 1956, were
comprised in Part B States” omitted by Act 34 of 2020, s. 2 (w.e.f. 22-4-2020).
4. The word “and” rep. by Act 10 of 1914, s. 3 and the Second Schedule.
5. Sub-section (3) rep. by s. 3 and the Second Schedule, ibid.
6. Ins. by Act 34 of 2020, s. 3 (w.e.f. 22-4-2020).
2
-----
(iii) any person declared as such by the State Government, by notification in the
Official Gazette;
(c) “property” includes—
(i) a clinical establishment as defined in the Clinical Establishments (Registration and
Regulation) Act, 2010 (23 of 2010);
(ii) any facility identified for quarantine and isolation of patients during an epidemic;
(iii) a mobile medical unit; and
(iv) any other property in which a healthcare service personnel has direct interest in
relating to the epidemic;
(d) the words and expressions used herein and not defined, but defined in the Indian Ports
Act, 1908 (15 of 1908), the Aircraft Act, 1934 (22 of 1934) or the Land Ports Authority of
India Act, 2010 (31 of 2010), as the case may be, shall have the same meaning as assigned to
them in that Act.]
1[2. Power to take special measures and prescribe regulations as to dangerous epidemic
**disease.—(1)** When at any time the [2][State Government] is satisfied that [2][the State] or any part
thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the [3][State
Government], if [4][it] thinks that the ordinary provisions of the law for the time being in force are
insufficient for the purpose, may take, or require or empower any person to take, such measures
and, by public notice, prescribe such temporary regulations to be observed by the public or by any
person or class of persons as [4][it] shall deem necessary to prevent the outbreak of such disease or
the spread thereof, and may determine in what manner and by whom any expenses incurred
(including compensation if any) shall be defrayed.
(2) In particular and without prejudice to the generality of the foregoing provisions, the [2][State
Government] may take measures and prescribe regulations for—
**5*** - - -
(b) the inspection of persons travelling by railway or otherwise, and the segregation, in hospital,
temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected
with any such disease.
6* - - -
**7[2A. Powers of Central Government.—When the Central Government is satisfied that India**
or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic
disease and that the ordinary provisions of the law for the time being in force are insufficient to
prevent the outbreak of such disease or the spread thereof, [8][the Central Government may take
such measures, as it deems fit and prescribe regulations for the inspection of any bus or train or
goods vehicle or ship or vessel or aircraft leaving or arriving at any land port or aerodrome, as the
case may be, in the territories to which this Act extends and for such detention thereof, or of any
person intending to travel therein, or arriving thereby, as may be necessary.]
1. For Notifications issued under this section, see different local Rules and Orders.
2. Subs. by the A.O. 1937, for “G.G. in C.”
3. Subs., ibid., for “India”.
4. Subs., ibid., for “he”.
5. Paragraph (a) omitted, ibid.
6. Sub-section (3) omitted by Act 38 of 1920, s. 2 and the First Schedule.
7. Ins. by Act 38 of 1920, s. 2 and the First Schedule. Earlier substituted by the A.O.1937.
8. Subs. by Act 34 of 2020, s. 4, for certain words (w.e.f. 22-4-2020).
3
-----
**1[2B. Prohibition of violence against healthcare service personnel and damage to property.—No**
person shall indulge in any act of violence against a healthcare service personnel or cause any damage or
loss to any property during an epidemic.]
**3. Penalty.—[2][(1)]** Any person disobeying any regulation or order made under this Act shall
be deemed to have committed an offence punishable under section 188 of the Indian Penal Code
(45 of 1860).
3[(2) Whoever,—
(i) commits or abets the commission of an act of violence against a healthcare service
personnel; or
(ii) abets or cause damage or loss to any property,
shall be punished with imprisonment for a term which shall not be less than three months, but
which may extend to five years, and with fine, which shall not be less than fifty thousand
rupees, but which may extend to two lakh rupees.
(3) Whoever, while committing an act of violence against a healthcare service personnel,
causes grievous hurt as defined in section 320 of the Indian Penal Code (45 of 1860) to such
person, shall be punished with imprisonment for a term which shall not be less than six
months, but which may extend to seven years and with fine, which shall not be less than one
lakh rupees, but which may extend to five lakh rupees.]
**4 [3A. Cognizance, investigation and trial of offences.—Notwithstanding anything**
contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(i) an offence punishable under sub-section (2) or sub-section (3) of section 3 shall be
cognizable and non-bailable;
(ii) any case registered under sub-section (2) or sub-section (3) of section 3 shall be
investigated by a police officer not below the rank of Inspector;
(iii) investigation of a case under sub-section (2) or sub-section (3) of section 3 shall
be completed within a period of thirty days from the date of registration of the First
Information Report;
(iv) in every inquiry or trial of a case under sub-section (2) or sub-section (3) of
section 3, the proceedings shall be held as expeditiously as possible, and in particular,
when the examination of witnesses has once begun, the same shall be continued from day
to day until all the witnessed in attendance have been examined, unless the Court finds the
adjournment of the same beyond the following day to be necessary for reasons to be
recorded, and an endeavor shall be made to ensure that the inquiry or trial is concluded
within a period of one year:
Provided that where the trial is not concluded within the said period, the Judge shall
record the reasons for not having done so:
Provided further that the said period may be extended by such further period, for reasons
to be recorded in writing, but not exceeding six months at a time.
**3B. Composition of certain offences** .—Where a person is prosecuted for committing an
offence punishable under sub-section (2) of section 3, such offence may, with the permission
of the Court, be compounded by the person against whom such act of violence is committed.
1. Ins. by Act 34 of 2020, s. 5 (w.e.f. 22-4-2020).
2. Section 3 renumbered as sub-section (1) thereof by Act 34 of 2020, s. 6 (w.e.f. 22-4-2020).
3. Ins. by Act 34 of 2020, s. 6 (w.e.f. 22-4-2020).
4. Ins. by s. 7, ibid. (w.e.f. 22-4-2020).
4
-----
**3C. Presumption as to certain offences.—Where a person is prosecuted for committing**
an offence punishable under sub-section (3) of section 3, the Court shall presume that such
person has committed such offence, unless the contrary is proved.
**3D. Presumption of culpable mental state.—(1) In any prosecution for an offence under**
sub-section (3) of section 3 which requires a culpable mental state on the part of the accused,
the Court shall presume the existence of such mental state, but it shall be a defence for the
accused to prove the fact that he had no such mental state with respect to the act charged as an
offence in that prosecution.
(2) For the purposes of this section, a fact is said to be proved only when the Court
believes it to exist beyond reasonable doubt and not merely when its existence is established
by a preponderance of probability.
_Explanation.—In this section, “culpable mental state” includes intention, motive,_
knowledge of a fact and the belief in, or reason to believe, a fact.
**3E. Compensation for acts of violence.—(1) In addition to the punishment provided for**
an offence under sub-section (2) or sub-section (3) of section 3, the person so convicted shall
also be liable to pay, by way of compensation, such amount, as may be determined by the
Court for causing hurt or grievous hurt to any healthcare service personnel.
(2) Notwithstanding the composition of an offence under section 3B, in case of damage to
any property or loss caused, the compensation payable shall be twice the amount of fair
market value of the damaged property or the loss caused, as may be determined by the Court.
(3) Upon failure to pay the compensation awarded under sub-sections (1) and (2), such
amount shall be recovered as an arrear of land revenue under the Revenue Recovery Act, 1890
(1 of 1890).]
**4. Protection to persons acting under Act.—No suit or other legal proceeding shall**
lie against any person for anything done or in good faith intended to be done under this
Act.
__________
5
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|
11-Mar-1897 | 10 | The General Clauses Act, 1897 | https://www.indiacode.nic.in/bitstream/123456789/2328/1/189710.pdf | central | SECTIONS
1. Short title.
2. [Repealed.].
3. Definitions.
# THE GENERAL CLAUSES ACT, 1897
_________
# ARRANGEMENT OF SECTIONS
________
PRELIMINARY
GENERAL DEFINITIONS
4. Application of foregoing definitions to previous enactments.
4A. Application of certain definitions to Indian Laws.
GENERAL RULES OF CONSTRUCTION
5. Coming into operation of enactments.
5A. [Repealed.].
6. Effect of repeal.
6A. Repeal of Act making textual amendment in Act or Regulation.
7. Revival of repealed enactments.
8. Construction of references to repealed enactments.
9. Commencement and termination of time.
10. Computation of time.
11. Measurement of distances.
12. Duty to be taken pro rata in enactments.
13. Gender and number.
13A. [Repealed.].
POWERS AND FUNCTIONARIES
14. Powers conferred to be exercisable from time to time.
15. Power to appoint to include power to appoint ex officio.
16. Power to appoint to include power to suspend or dismiss.
17. Substitution of functionaries.
18. Successors.
19. Official chiefs and subordinates.
PROVISIONS AS TO ORDERS, RULES, ETC., MADE UNDER ENACTMENTS
20. Construction of orders, etc., issued under enactments.
21. Power to issue, to include power to add to, amend, vary or rescind notifications, orders, rules or
bye-laws.
22. Making of rules or bye-laws and issuing of orders between passing and commencement of
enactment.
-----
SECTIONS
23. Provisions applicable to making of rules or bye-laws after previous publication.
24. Continuation of orders, etc., issued under enactments repealed and re-enacted.
MISCELLANEOUS
25. Recovery of fines.
26. Provision as to offences punishable under two or more enactments.
27. Meaning of service by post.
28. Citation of enactments.
29. Saving for previous enactments, rules and bye-laws.
30. Application of Act to Ordinances.
30A. [Repealed.].
31. [Repealed.].
THE SCHEDULE.—[Repealed.].
-----
# THE GENERAL CLAUSES ACT, 1897
ACT NO. 10 OF 1897[1]
An Act to consolidate and extend the General Clauses Act, 1868 and 1887.
[11th March, 1897.]
WHEREAS it is expedient to consolidate and extend the General Clauses Acts, 1868 (1 of 1868) and
1887 (1 of 1887); it is hereby enacted as follows:—
PRELIMINARY
**1. Short title.—(1) This Act may be called the General Clauses Act, 1897; [2]*****
3* - - -
**2. [Repeal.] Rep by the Repealing and Amending Act, 1903 (1 of 1903), s. 4 and the Third Schedule.**
GENERAL DEFINITIONS
4[3. Definitions.—In this Act, and in all Central Acts and Regulations made after the commencement
of this Act, unless there is anything repugnant in the subject or context,—
(1) “abet”, with its grammatical variations and cognate expressions, shall have the same meaning
as in the Indian Penal Code (45 of 1860);
(2) “act”, used with reference to an offence or a civil wrong, shall include a series of acts, and
words which refer to acts done extend also to illegal omissions;
(3) “affidavit” shall include affirmation and declaration in the case of persons by law allowed to
affirm or declare instead of swearing;
(4) “barrister” shall mean a barrister of England or Ireland, or a member of the Faculty of
Advocates in Scotland;
(5) “British India” shall mean, as respects the period before the commencement of Part III of the
Government of India Act, 1935, all territories and places within His Majesty’s dominions which were
for the time being governed by His Majesty through the Governor General of India or through any
Governor or Officer subordinate to the Governor General of India, and as respects any period after
that date and before the date of the establishment of the Dominion of India means all territories for
the time being comprised within the Governors’ Provinces and the Chief Commissioners’ Provinces,
except that a reference to British India in an Indian law passed or made before the commencement of
Part III of the Government of India Act, 1935, shall not include a reference to Berar;
1. For Report of the Select Committee, see Gazette of India, Pt. V, p.77, and for Proceedings in Council see Gazette of India,
Pt.VI, pp. 35, 40, 56 and 76.
This Act has been declared to be in force in the Santhal Parganas by the Santhal Parganas Settlement Regulation, 1872
(3 of 1872), s. 3; in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2; in Khondmals District by the
Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and the Schedule; and in the Angul District by the Angul Laws
Regulation, 1936 (5 of 1936), s. 3 and the Schedule
The Act has been partially extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and to the new Provinces and
Merged States by the Merged States (Laws) Act, 1949 (59 of 1949).
The Act has been extended to—
Goa, Daman and Diu with modifications by Regulation 12 of 1962, s. 3 and the Schedule;
Dadra and Nagar Haveli by Regulation 6 of 1963, s. 2 and the First Schedule;
Pondicherry by Regulation 7 of 1963, s. 3 and the First Schedule; and
Laccadive, Minicoy and Amindivi Islands by Regulation 8 of 1965, s. 3 and Schedule
Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and the fifth schedule
(w.e.f. 31-10-2019).
It has been amended in Assam by the Assam Commissioners’ Powers Distribution Act, 1939 (Assam Act 1 of 1939).
2. The word “and” rep. by Act 10 of 1914, s. 3 and the Second Schedule.
3. Sub-section (2) rep. by s. 3 and the Second Schedule, ibid.
4. Subs. by the A.O. 1950, for section 3.
-----
(6) “British possession” shall mean any part of Her Majesty’s dominions exclusive of the United
Kingdom, and where parts of those dominions are under both a Central and a Local Legislature, all
parts under the Central Legislature shall, for the purposes of this definition, be deemed to be one
British possession;
(7) “Central Act” shall means an Act of Parliament, and shall include—
(a) an Act of the Dominion Legislature or of the Indian Legislature passed before the
commencement of the Constitution, and
(b) an Act made before such commencement by the Governor General in Council or the
Governor General, acting in a legislative capacity;
(8) “Central Government” shall,—
(a) in relation to anything done before the commencement of the Constitution, mean the
Governor General or the Governor General in Council, as the case may be; and shall include,—
(i) in relation to functions entrusted under sub-section (1) of section 124 of the
Government of India Act, 1935, to the Government of a Province, the Provincial Government
acting within the scope of the authority given to it under that subsection; and
(ii) in relation to the administration of a Chief Commissioner’s Province, the Chief
Commissioner acting within the scope of the authority given to him under sub-section (3)
of section 94 of the said Act; and
(b) in relation to anything done or to be done after the commencement of the Constitution,
mean the President; and shall include,—
(i) in relation to functions entrusted under clause (1) of article 258 of the Constitution, to
the Government of a State, the State Government acting within the scope of the authority
given to it under that clause; [1]***
(ii) in relation to the administration of a Part C State [2][before the commencement of the
Constitution (Seventh Amendment) Act, 1956], the Chief Commissioner or the LieutenantGovernor or the Government of a neighbouring State or other authority acting within the
scope of the authority given to him or it under article 239 or article 243 of the Constitution, as
the case may be; [2][and
(iii) in relation to the administration of a Union territory, the administrator thereof acting
within the scope of the authority given to him under article 239 of the Constitution];
(9) “Chapter” shall mean a Chapter of the Act or Regulation in which the word occurs;
(10) “Chief Controlling Revenue Authority” or “Chief Revenue Authority” shall mean—
(a) in a State where there is a Board of Revenue, that Board;
(b) in a State where there is a Revenue Commissioner, that Commissioner;
(c) in Punjab, the Financial Commissioner; and
(d) elsewhere, such authority as, in relation to matters enumerated in List I in the Seventh
Schedule to the Constitution, the Central Government, and in relation to other matters, the State
Government, may by notification in the Official Gazette, appoint;
(11) “Collector” shall mean, in a Presidency-town, the Collector of Calcutta, Madras or Bombay,
as the case may be, and elsewhere the chief officer-in-charge of the revenue-administration of a
district;
(12) “Colony”—
(a) in any Central Act passed after the commencement of Part III of the Government of India
Act, 1935, shall mean any part of His Majesty’s dominions exclusive of the British Islands, the
1. The word “and” omitted by the Adaptation of Laws (No. 1) Order, 1956.
2. Ins., ibid.
-----
Dominions of India and Pakistan (and before the establishment of those Dominions, British
India), any Dominions as defined in the Statute of Westminister, 1931, any Province or State
forming part of any of the said Dominions, and British Burma; and
(b) in any Central Act passed before the commencement of Part III of the said Act, mean any
part of His Majesty’s dominions exclusive of the British Islands and of British India;
and in either case where parts of those dominions are under both a Central and Local Legislature, all
parts under the Central Legislature shall, for the purposes of this definition, be deemed to be one
colony.
(13) “Commencement” used with reference to an Act or Regulation, shall mean the day on which
the Act or Regulation comes into force;
(14) “Commissioner” shall mean the chief officer-in-charge of the revenue administration of a
division;
(15) “Constitution” shall mean the Constitution of India;
(16) “Consular officer” shall include consul-general, consul, vice-consul, consular agent, pro
consul and any person for the time being authorised to perform the duties of consul-general, consul,
vice-consul or consular agent;
(17) “District Judge” shall mean the Judge of a principal Civil Court of original jurisdiction, but
shall not include a High Court in the exercise of its ordinary or extraordinary original civil
jurisdiction;
(18) “document” shall include any matter written, expressed or described upon any substance by
means of letters, figures or marks, or by more than one of those means which is intended to be used,
or which may be used, for the purpose of recording that matter;
(19) “enactment” shall include a Regulation (as hereinafter defined) and any Regulation of the
Bengal, Madras or Bombay Code, and shall also include any provision contained in any Act or in any
such Regulation as aforesaid;
(20) “father”, in the case of any one whose personal law permits adoption, shall include an
adoptive father;
(21) “financial year” shall mean the year commencing on the first day of April;
(22) a thing shall be deemed to be done in “good faith” where it is in fact done honestly, whether
it is done negligently or not;
(23) “Government” or “the Government” shall include both the Central Government and any
State Government;
(24) “Government securities” shall mean securities of the Central Government or of any State
Government, but in any Act or Regulation made before the commencement of the Constitution shall
not include securities of the Government of any Part B State;
(25) “High Court”, used with reference to civil proceedings, shall mean the highest Civil Court of
appeal (not including the Supreme Court) in the part of India in which the Act or Regulation
containing the expression operates;
(26) “immovable property” shall include land, benefits to arise out of land, and things attached to
the earth, or permanently fastened to anything attached to the earth;
(27) “imprisonment” shall mean imprisonment of either description as defined in the Indian Penal
Code (45 of 1860);
(28) “India” shall mean,—
(a) as respects any period before the establishment of the Dominion of India, British India
together with all territories of Indian Rulers then under the suzerainty of His Majesty, all
territories under the suzerainty of such an Indian Ruler, and the tribal areas;
-----
(b) as respects any period after the establishment of the Dominion of India and before the
commencement of the Constitution, all territories for the time being included in that Dominion;
and
(c) as respects any period after the commencement of the Constitution, all territories for the
time being comprised in the territory of India;
(29) “Indian law” shall mean any Act, Ordinance, Regulation, rule, order, bye-law or other
instrument which before the commencement of the Constitution, had the force of law in any Province
of India or part thereof, or thereafter has the force of law in any Part A State or Part C State or Part
thereof, but does not include any Act of Parliament of the United Kingdom or any Order in Council,
rule or other instrument made under such Act;
(30) “Indian State” shall mean any territory which the Central Government recognised as such a
State before the commencement of the Constitution, whether described as a State, an Estate, a Jagir
or otherwise;
(31) “local authority” shall mean a municipal committee, district board, body of port
Commissioners or other authority legally entitled to, or entrusted by the Government with, the control
or management of a municipal or local fund;
(32) “Magistrate” shall include every person exercising all or any of the powers of a Magistrate
under the Code of Criminal Procedure for the time being in force;
(33) “master”, used with reference to a ship, shall mean, any person (except a pilot or harbour
master) having for the time being control or charge of the ship;
(34) “merged territories" shall mean the territories which by virtue of an order made under section
290A of the Government of India Act, 1935, were immediately before the commencement of the
Constitution being administered as if they formed part of a Governor's Province or as if they were a
Chief Commissioner's Province;
(35) “month” shall mean a month reckoned according to the British calendar;
(36) “movable property” shall mean property of every description, except immovable property;
(37) “oath” shall include affirmation and declaration in the case of persons by law allowed to
affirm or declare instead of swearing;
(38) “offence” shall mean any act or omission made punishable by any law for the time being in
force;
(39) “official Gazette” or “Gazette” shall mean the Gazette of India or the Official Gazette of a
State;
(40) “Part” shall mean a part of the Act or Regulation in which the word occurs;
(41) “Part A State” shall mean a State for the time being specified in Part A of the First Schedule
to the Constitution, [1][as in force before the Constitution (Seventh Amendment) Act, 1956,] “Part B
State” shall mean a State for the time being specified in Part B of that Schedule and “Part C State”
shall mean a State for the time being specified in Part C of that Schedule or a territory for the time
being administered by the President under the provisions of article 243 of the Constitution;
(42) “person” shall include any company or association or body of individuals, whether
incorporated or not;
(43) “Political Agent” shall mean,—
(a) in relation to any territory outside India, the Principal Officer, by whatever name called,
representing the Central Government in such territory; and
(b) in relation to any territory within India to which the Act or Regulation containing the
expression does not extend, any officer appointed by the Central Government to exercise all or
any of the powers of a Political Agent under that Act or Regulation;
1. Ins. by the Adaptation of Laws (No. 1) Order, 1956.
-----
(44) “Presidency-town” shall mean the local limits for the time being of the ordinary original civil
jurisdiction of the High Court of Judicature at Calcutta, Madras or Bombay, as the case may be;
(45) “Province” shall mean a Presidency, a Governor’s Province, a Lieutenant Governor’s
Province or a Chief Commissioner's Province;
(46) “Provincial Act” shall mean an Act made by the Governor in Council, Lieutenant Governor
in Council or Chief Commissioner in Council of a Province under any of the Indian Councils Acts or
the Government of India Act, 1915, or an Act made by the Local Legislature or the Governor of a
Province under the Government of India Act, or an Act made by the Provincial Legislature or
Governor of a Province or the Coorg Legislative Council under the Government of India Act, 1935;
(47) “Provincial Government” shall mean, as respects anything done before the commencement
of the Constitution, the authority or person authorised at the relevant date to administer executive
Government in the Province in question;
(48) “public nuisance” shall mean a public nuisance as defined in the Indian Penal Code (45 of
1860);
(49) “registered”, used with reference to a document, shall mean registered in [1][India] under the
law for the time being in force for the registration of documents;
(50) “Regulation” shall mean a Regulation made by the President [2][under article 240 of the
Constitution and shall include a Regulation made by the President under article 243 thereof and] a
Regulation made by the Central Government under the Government of India Act, 1870, or the
Government of India Act, 1915, or the Government of India Act, 1935;
(51) “rule” shall mean a rule made in exercise of a power conferred by any enactment, and shall
include a Regulation made as a rule under any enactment;
(52) “schedule” shall mean a schedule to the Act or Regulation in which the word occurs;
(53) “Scheduled District” shall mean a “Scheduled District” as defined in the Scheduled Districts
Act, 1874;
(54) “section” shall mean a section of the Act or Regulation in which the word occurs;
(55) “ship” shall include every description of vessel used in navigation not exclusively propelled
by oars;
(56) “sign”, with its grammatical variations and cognate expressions, shall, with reference to a
person who is unable to write his name, include “mark”, with its grammatical variations and cognate
expressions;
(57) “son”, in the case of any one whose personal law permits adoption, shall include an adopted
son;
3[(58) “State”—
(a) as respects any period before the commencement of the Constitution (Seventh
Amendment) Act, 1956, shall mean a Part A State, a Part B State or a Part C State; and
(b) as respects any period after such commencement, shall mean a State specified in the First
Schedule to the Constitution and shall include a Union territory;]
(59) “State Act” shall mean an Act passed by the Legislature of a State established or continued
by the Constitution;
(60) “State Government”,—
(a) as respects anything done before the commencement of the Constitution, shall mean, in a
Part A State, the Provincial Government of the corresponding Province, in a Part B State, the
1. Subs. by the Adaptation of Laws (No. 1) Order, 1956 for “a Part A State or a Part C State”.
2. Subs., ibid., for “under article 243 of the Constitution, and shall include”.
3. Subs., ibid., for clause (58).
-----
authority or person authorised at the relevant date to exercise executive government in the
corresponding Acceding State, and in a Part C State, the Central Government; [1]***
(b) as respects anything done [2][after the commencement of the Constitution and before the
commencement of the Constitution (Seventh Amendment) Act, 1956], shall mean, in a Part A
State, the Governor, in a Part B State, the Rajpramukh, and in a Part C State, the Central
Government;
3[(c) as respects anything done or to be done after the commencement of the Constitution
(Seventh Amendment) Act, 1956, shall mean, in a State, the Governor, and in a Union territory,
the Central Government;
and shall, in relation to functions entrusted under article 258A of the Constitution to the Government
of India, include the Central Government acting within the scope of the authority given to it under
that article];
(61) “sub-section” shall mean a sub-section of the section in which the word occurs;
(62) “swear”, with its grammatical variations and cognate expressions, shall include affirming
and declaring in the case of persons by law allowed to affirm or declare instead of swearing;
3[(62A) “Union territory” shall mean any Union territory specified in the First Schedule to the
Constitution and shall include any other territory comprised within the territory of India but not
specified in that Schedule;]
(63) “vessel” shall include any ship or boat or any other description of vessel used in navigation;
(64) “will” shall include a codicil and every writing making a voluntary posthumous disposition
of property;
(65) expressions referring to “writing” shall be construed as including references to printing,
lithography, photography and other modes of representing or reproducing words in a visible form;
and
(66) “year” shall mean a year reckoned according to the British calendar.]
**4. Application of foregoing definitions to previous enactments.—(1) The definitions in section 3 of**
the following words and expressions, that is to say, “affidavit”, “barrister”, [4]*** “District Judge”,
“father”, [5]***, [6]***, [7]*** “immovable property”, “imprisonment”, [8]*** “Magistrate”, “month”, “movable
“movable property”, “oath”, “person”, “section”, “son”, “swear”, “will”, and “year” apply also, unless
there is anything repugnant in the subject or context, to all [9][Central Acts] made after the third day of
January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.
(2) The definitions in the said section of the following words and expressions, that is to say, “abet”,
“Chapter”, “commencement”, “financial year”, “local authority”, “master”, “offence”, “part”, “public
nuisance”, “registered”, “schedule”, “ship”, “sign”, “sub-section” and “writing” apply also, unless there is
anything repugnant in the subject or context, to all [9][Central Acts] and Regulations made on or after the
fourteenth day of January, 1887.
1. The word “and” omitted by the Adaptation of Laws (No. 1) Order, 1956.
2. Subs., ibid., for “or to be done after the commencement of the Constitution”.
3. Ins., ibid.
4. The words “British India” omitted by the A.O. 1937.
5. The words “Government of India” omitted, ibid.
6. The words “Her Majesty” or “the Queen” rep. by Act 18 of 1919, s. 3 and the Second Schedule.
7. The words “High Court” omitted by the A.O. 1937.
8. The words “Local Government” omitted, ibid.
9. Subs., ibid., for “Acts of the Governor-General in Council”.
-----
1[4A. Application of certain definitions to Indian Laws.—(1) The definitions in section 3 of the
expressions “British India”, “Central Act”, “Central Government”, “Chief Controlling Revenue
Authority”, “Chief Revenue Authority”, “Constitution”, “Gazette”, “Government”, “Government
securities”, “High Court”, “India”, “Indian Law”, “Indian State”, “merged territories”, “Official Gazette”,
“Part A State”, “Part B State”, “Part C State”, Provincial Government”, “State” and “State Government”
shall apply, unless there is anything repugnant in the subject or context, to all Indian laws.
(2) In any Indian law, references, by whatever form of words, to revenues of the Central Government
or of any State Government shall, on and from the first day of April, 1950, be construed as references to
the Consolidated Fund of India or the Consolidated Fund of the State, as the case may be.]
GENERAL RULES OF CONSTRUCTION
**5. Coming into operation of enactments.—[2][(1) Where any Central Act is not expressed to come**
into operation on a particular day, then it shall come into operation on the day on which it receives the
assent,—
(a) in the case of a Central Act made before the commencement of the Constitution, of the
Governor-General, and
(b) in the case of an Act of Parliament, of the President.]
3* - - -
(3) Unless the contrary is expressed, a [4][Central Act] or Regulation shall be construed as coming into
operation immediately on the expiration of the day preceding its commencement.
**5A. [Coming into operation of Governor-General’s Act.]** _Rep. by the A.O. 1947._ _Earlier it was_
_inserted by A.O. 1937._
**6. Effect of repeal.—Where this Act, or any** [4][Central Act] or Regulation made after the
commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a
different intention appears, the repeal shall not-
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of any enactment so repealed or anything duly done or suffered
thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any
enactment so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed
against any enactment so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any
such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been
passed.
5[6A. Repeal of Act making textual amendment in Act or Regulation.—Where any 4[Central Act]
or Regulation made after the commencement of this Act repeals any enactment by which the text of any
4[Central Act] or Regulation was amended by the express omission, insertion or substitution of any
matter, then, unless a different intention appears, the repeal shall not affect the continuance of any such
amendment made by the enactment so repealed and in operation at the time of such repeal.]
1. Subs. by the A.O. 1950, for section 4A which was earlier inserted by the A.O. 1937.
2. Subs. by the A.O. 1950, for sub-section (1).
3. Sub-section (2) omitted, ibid.
4. Subs. by the A.O. 1937, for “Act of the Governor-General in Council”.
5. Ins. by Act 19 of 1936, s. 2.
-----
**7. Revival of repealed enactments.—(1) In any** [1][Central Act] or Regulation made after the
commencement of this Act, it shall be necessary, for the purpose of reviving, either wholly or partially,
any enactment wholly or partially repealed, expressly to state that purpose.
(2) This section applies also to all [2][Central Acts] made after the third day of January, 1868, and to all
Regulations made on or after the fourteenth day of January, 1887.
**8. Construction of references to repealed enactments.—[3][(1)] Where this Act, or any** [1][Central
Act] or Regulation made after the commencement of this Act, repeals and re-enacts, with or without
modification, any provision of a former enactment, then references in any other enactment or in any
instrument to the provision so repealed shall, unless a different intention appears, be construed as
references to the provision so re-enacted.
4[(2) 5[Where before the fifteenth day of August, 1947, any Act of Parliament of the United Kingdom
repealed and re-enacted], with or without modification, any provision of a former enactment, then
reference in any [1][Central Act] or in any Regulation or instrument to the provision so repealed shall,
unless a different intention appears, be construed as references to the provision so re-enacted.]
**9. Commencement and termination of time.—(1) In any** [1][Central Act] or Regulation made after
the commencement of this Act, it shall be sufficient, for the purpose of excluding the first in a series of
days or any other period of time, to use the word “from”, and, for the purpose of including the last in a
series of days or any other period of time, to use the word “to”.
(2) This section applies also to all [2][Central Acts] made after the third day of January, 1868, and to all
Regulations made on or after the fourteenth day of January, 1887.
**10. Computation of time.—(1) Where, by any** [1][Central Act] or Regulation made after the
commencement of this Act, any act or proceeding is directed or allowed to be done or taken in any Court
or office on a certain day or within a prescribed period, then, if the Court or office is closed on that day or
the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due
time if it is done or taken on the next day afterwards on which the Court or office is open:
Provided that nothing in this section shall apply to any act or proceeding to which the [6]Indian
Limitation Act, 1877 (15 of 1877), applies.
(2) This section applies also to all [2][Central Acts] and Regulations made on or after the fourteenth day
of January, 1887.
**11. Measurement of distances.—In the measurement of any distance, for the purposes of any**
1[Central Act] or Regulation made after the commencement of this Act, that distance shall, unless a
different intention appears, be measured in a straight line on a horizontal plane.
**12. Duty to be taken pro rata in enactments.—Where, by any enactment now in force or hereafter**
to be in force, any duty of customs or excise, or in the nature thereof, is leviable on any given quantity, by
weight, measure or value of any goods or merchandise, then a like duty is leviable according to the same
rate on any greater or less quantity.
**13. Gender and number.—In all [2][Central Acts] and Regulations, unless there is anything repugnant**
in the subject or context,—
(1) words importing the masculine gender shall be taken to include females; and
(2) words in the singular shall include the plural, and vice versa.
413A. [References to the Sovereign.] Rep. by the A.O. 1950.
1. Subs. by the A.O. 1937, for “Acts of the Governor-General in Council”.
2. Subs., ibid., for “Acts of the Governor-General in Council”.
3. Section 8 renumbered as sub-section (1) thereof by Act 18 of 1919, s. 2 and the First Schedule.
4. Ins. by s. 2 and the First Schedule, ibid.
5. Subs. by the A.O. 1950, for “Where any Act of Parliament repeals and re-enacts”.
6. See now the Limitation Act, 1963 (36 of 1963).
-----
POWERS AND FUNCTIONARIES
**14. Powers conferred to be exercisable from time to time.—(1) Where, by any** [1][Central Act] or
Regulation made after the commencement of this Act, any power is conferred [2]***, then [3][unless a
different intention appears] that power may be exercised from time to time as occasion requires.
(2) This section applies also to all [4][Central Acts] and Regulations made on or after the fourteenth day
day of January, 1887.
**15. Power to appoint to include power to appoint** **_ex officio.—Where, by any_** [1][Central Act] or
Regulation, a power to appoint any person to fill any office or execute any function is conferred, then,
unless it is otherwise expressly provided, any such appointment, if it is made after the commencement of
this Act, may be made either by name or by virtue of office.
**16. Power to appoint to include power to suspend or dismiss.—Where, by any** [1][Central Act] or
Regulation, a power to make any appointment is conferred, then, unless a different intention appears, the
authority having [5][for the time being] power to make the appointment shall also have power to suspend or
or dismiss any person appointed [6][whether by itself or any other authority] in exercise of that power.
**17. Substitution of functionaries.—(1) In any** [1][Central Act] or Regulation made after the
commencement of this Act, it shall be sufficient, for the purpose of indicating the application of a law to
every person or number of persons for the time being executing the functions of an office, to mention the
official title of the officer at present executing the functions, or that of the officer by whom the functions
are commonly executed.
(2) This section applies also to all [4][Central Acts] made after the third day of January, 1868, and to all
Regulations made on or after the fourteenth day of January, 1887.
**18. Successors.—(1) In any [1][Central Act] or Regulation made after the commencement of this Act, it**
shall be sufficient, for the purpose of indicating the relation of a law to the successors of any functionaries
or of corporations having perpetual succession, to express its relation to the functionaries or corporations.
(2) This section applies also to all [4][Central Acts] made after the third day of January, 1868, and to all
Regulations made on or after the fourteenth day of January, 1887.
**19. Official chiefs and subordinates.—(1) In any [1][Central Act] or Regulation made after the**
commencement of this Act, it shall be sufficient, for the purpose of expressing that a law relative to the
chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of
that office in the place of their superior, to prescribe the duty of the superior.
(2) This section applies also to all [4][Central Acts] made after the third day of January, 1868, and to all
Regulations made on or after the fourteenth day of January, 1887.
PROVISIONS AS TO ORDERS, RULES, ETC., MADE UNDER ENACTMENTS
**20. Construction of orders, etc., issued under enactments.—Where, by any** [1][Central Act] or
Regulation, a power to issue any [7][notification], order, scheme, rule, form, or bye-law is conferred, then
expressions used in the [7][notification], order, scheme, rule, form or bye-law, if it is made after the
commencement of this Act, shall, unless there is anything repugnant in the subject or context, have the
same respective meanings as in the Act or Regulation conferring the power.
1. Subs. by the A.O. 1937, for “Act of the Governor General in Council”.
2. The words “on the Government” omitted by Act 18 of 1919, s. 2 and the First Schedule.
3. Ins. by s. 2 and the First Schedule, ibid.
4. Subs. by the A.O. 1937, for “Acts of the Governor General in Council”.
5. Ins. by Act 18 of 1928, s. 2 and the First Schedule.
6. Subs. by s. 2 and the First Schedule, ibid., for “by it”.
7. Ins. by Act 1 of 1903, s. 3 and the Second Schedule.
-----
**21. Power to issue, to include power to add to, amend, vary or rescind notifications, orders,**
**rules or bye-laws.—Where, by any** [1][Central Act] or Regulations a power to [2][issue notifications,]
orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner
and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any
3[notifications,] orders, rules or bye-laws so 4[issued].
**22. Making of rules or bye-laws and issuing of orders between passing and commencement of**
**enactment.—Where, by any** [1][Central Act] or Regulation which is not to come into force immediately,
on the passing thereof, a power is conferred to make rules or bye-laws, or to issue orders with respect to
the application of the Act or Regulation, or with respect to the establishment of any Court or office or the
appointment of any Judge or officer thereunder, of with respect to the person by whom, or the time when,
or the place where, or the manner in which, or the fees for which, anything is to be done under the Act or
Regulation, then that power may be exercised at any time after the passing of the Act or Regulation; but
rules, bye-laws or orders so made or issued shall not take effect till the commencement of the Act or
Regulation.
**23. Provisions applicable to making of rules or bye-laws after previous publication.—Where, by**
any [1][Central Act] or Regulation, a power to make rules or bye-laws is expressed to be given subject to
the condition of the rules or bye-laws being made after previous publication, then the following
provisions shall apply, namely:—
(1) the authority having power to make the rules or bye-laws shall, before making them, publish a
draft of the proposed rules or bye-laws for the information of persons likely to be affected thereby;
(2) the publication shall be made in such manner as that authority deems to be sufficient, or, if the
condition with respect to previous publication so requires, in such manner as the [5][Government
concerned] prescribes;
(3) there shall be published with the draft a notice specifying a date on or after which the draft
will be taken into consideration;
(4) the authority having power to make the rules or bye-laws, and, where the rules or bye-laws are
to be made with the sanction, approval or concurrence of another authority, that authority also, shall
consider any objection or suggestion which may be received by the authority having power to make
the rules or bye-laws from any person with respect to the draft before the date so specified;
(5) the publication in the [6][Official Gazette] of a rule or bye-law purporting to have been made in
exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof
that the rule or bye-law has been duly made.
**24. Continuation of orders, etc., issued under enactments repealed and re-enacted.—Where**
any [1][Central Act] or Regulation, is, after the commencement of this Act, repealed and re-enacted with or
without modification, then, unless it is otherwise expressly provided any [3][appointment notification,]
order, scheme, rule, form or bye-law,[ 3][made or] issued under the repealed Act or Regulation, shall, so far
as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have
been [3][made or] issued under the provisions so re-enacted, unless and until it is superseded by
any [3][appointment notification,] order, scheme, rule, form or bye-law, [3][made or] issued under the
provisions so re-enacted [7][and when any [1][Central Act] or Regulation, which, by a notification under
section 5 or 5A of the [8]Scheduled Districts Act, 1874, (14 of 1874) or any like law, has been extended to
any local area, has, by a subsequent notification, been withdrawn from the re-extended to such area or any
part thereof, the provisions of such Act or Regulation shall be deemed to have been repealed and
re-enacted in such area or part within the meaning of this section].
1. Subs. by the A.O. 1937, for “Act of the Governor General in Council”.
2. Subs. by Act 1 of 1903, s. 3 and the Second Schedule, for “make”.
3. Ins. by s. 3 and the Second Schedule, ibid.
4. Subs. by s. 3 and the Second Schedule, ibid., for “made”.
5. Subs. by the A.O. 1950, for “Central Government or the Provincial Government”.
6. Subs. by the A.O. 1937, for “Gazette”.
7. Ins. by Act 17 of 1914, s. 2 and the First Schedule.
8. Rep. by the A.O. 1937.
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MISCELLANEOUS
**25. Recovery of fines.—Sections 63 to 70 of the Indian Penal Code (45 of 1860) and the provisions**
of the [1]Code of Criminal Procedure for the time being in force in relation to the issue and the execution of
warrants for the levy of fines shall apply to all fines imposed under any Act, Regulation, rule or bye-law,
unless the Act, Regulation, rule or bye-law contains an express provision to the contrary.
**26. Provision as to offences punishable under two or more enactments.—Where an act or**
omission constitutes an offence under two or more enactments, then the offender shall be liable to be
prosecuted and punished under either or any of those enactments, but shall not be liable to be punished
twice for the same offence.
**27. Meaning of service by post.—Where any** [2][Central Act] or Regulation made after the
commencement of this Act authorizes or requires any document to be served by post, whether the
expression “serve” or either of the expressions “give” or “send” or any other expression is used, then,
unless a different intention appears, the service shall be deemed to be effected by properly addressing,
pre-paying and posting by registered post, a letter containing the document, and, unless the contrary is
proved, to have been effected at the time at which the letter would be delivered in the ordinary course of
post.
**28. Citation of enactments.—(1) In any** [2][Central Act] or Regulation, and in any rule, bye-law,
instrument or document, made under, or with reference to any such Act or Regulation, any enactment
may be cited by reference to the title or short title (if any) conferred thereon or by reference to the number
and year thereof, and any provision in an enactment may be cited by reference to the section or subsection of the enactment in which the provision is contained.
(2) In this Act and in any [2][Central Act] or Regulation made after the commencement of this Act, a
description or citation of a portion of another enactment shall, unless a different intention appears, be
construed as including the word, section or other part mentioned or referred to as forming the beginning
and as forming the end of the portion comprised in the description or citation.
**29. Saving for previous enactments, rules and bye-laws.—The provisions of this Act respecting the**
construction of Acts, Regulations, rules or bye-laws made after the commencement of this Act shall not
affect the construction of any Act, Regulation, rule or bye-law made before the commencement of this
Act, although the Act, Regulation, rule or bye-law is continued or amended by an Act, Regulation, rule or
bye-law made after the commencement of this Act.
3[30. Application of Act to Ordinances.—In this Act the expression 2[Central Act], wherever it
occurs, except in section 5 and the word “Act” in [4][clauses (9), (13), (25), (40), (43), (52) and (54)] of
section 3 and in section 25 shall be deemed to include an Ordinance made and promulgated by the
Governor General under section 23 of the Indian Councils Act, 1861 [5][or section 72 of the Government of
of India Act, 1915,] [6][or section 42 [7]*** of the Government of India Act, 1935] [8][and an Ordinance
promulgated by the President under article 123 of the Constitution].]
**30A.** [Application of Act to Acts made by the Governor-General.] _Rep. by the A.O. 1937._ _Earlier_
_Inserted by Act 11 of 1923, s. 2 and the First Schedule._
1. See, the Code of Criminal Procedure, 1973 (2 of 1974).
2. Subs. by the A.O. 1937, for “Act of the Governor General in Council”.
3. Ins. by Act 17 of 1914, s. 2 and the First Schedule.
4. Subs. by the A.O. 1950, for “clauses (9), (12), (38), (48) and (50)”.
5. Ins. by Act 24 of 1917, s. 2 and the First Schedule.
6. Ins. by the A.O. 1937.
7. The words and figures “or section 43” omitted by the A.O. 1947.
8. Added by the A.O. 1950.
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**31. [Construction of references to Local Government of a Province.] Rep. by the A.O. 1937. Earlier**
_Inserted by Act 31 of 1920, s. 2 and the First Schedule._
_THE SCHEDULE.—[Enactments repealed.]_ _Rep. by the Repealing and Amending Act, 1903 (1_ _of_
1903), s. 4 and the Third Schedule.
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