Central Provinces Laws Act, 1875, India-legitquest

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CENTRAL PROVINCES LAWS ACT, 1875

CENTRAL PROVINCES LAWS ACT, 1875

Preamble - CENTRAL PROVINCES LAWS ACT, 1875

THE CENTRAL PROVINCES LAWS ACT, 1875[1]

[Act No. 20 of 1875]

[09th December, 1875]

PREAMBLE

An Act to declare and amend the law in force in the Central Provinces

Whereas it is expedient to declare and amend certain portions of the law in force in the Central Provinces; It is hereby enacted as follows:-

Section 1 - Short title

This Act may be called the Central Provinces Laws Act, 1875. Local extent

It extends to the territories now under the administration of the [Provincial Government][2] of the Central Provinces; Commencement

And it shall come into force on the passing thereof.

Section 2 - Repeal of enactments and rules

On and from the date on which this Act comes into force the following shall be repealed, that is say,-

(a) all Bengal Regulations except the Regulations or parts of Regulations hereinafter declared to be in force;

(b) all Acts of the [Central Legislature][3] (except the Acts mentioned in the schedule hereto annexed) which do not expressly or by necessary implication extend to the said territories or any part thereof, and have not been extended thereto in exercise of a power conferred by an Act of the [Central Legislature][4]

(c) all rules, regulations and enactments not being Statutes, Bengal Regulations; Acts of the [Central Legislature][5], or rules or regulations made in exercise of a power conferred by a Statute, Bengal Regulation or Act of the [Central Legislature][6].

(d) [7][Omitted]

Section 3 - Certain enactments to be deemed to be in force

(a) On and from the said date the enactments specified in the schedule hereto annexed shall be deemed to be in force throughout the said territories to the extent mentioned in the third column of the said schedule.

(b) [8]But the powers and duties incident to the operation of the same enactments, so far as such powers and duties are referred to in the fourth column of the said schedule, shall be exercised and performed by the authorities mentioned in that column.

Section 4 - Confirmation of existing Acts

Every Act of the [Central Legislature][9] which extends, or can by notification be extended, to the territories which were under the administration of the said [Provincial Government][10] at the time of the passing thereof, shall extend, or may by notification be extended, as the case may be, to all the territories now under the administration of the said [Provincial Government][11].

Section 5 - Rules of decision in cases of certain classes

[12][In questions regarding inheritance, special property of females, betrothal, marriage, dower, adoption, guardianship, minority, bastardy, family-relations, wills, legacies, gifts, partitions or any religious usage or institution, the rule of decision shall be 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 legislative enactment altered or abolished, or is opposed to the provisions of this Act:

Provided that when among any class or body of persons or among the members of any family any custom prevails which is inconsistent with the law applicable between such persons under this section, and which, if not inconsistent with such law, would have been given effect to as legally binding, such custom shall, notwithstanding anything herein contained, be given effect to.

Section 6 - Rules in cases not expressly provided for

In cases not provided for by section 5, or by any other law for the time being in force, the Courts shall act according to justice, equity and good conscience.

Section 7 - Articles exempt from attachment

Implements of husbandry and cattle for agricultural purposes and implements of trade are exempted from attachment and sale in execution of decrees of the Civil Courts.

Section 8 - Power to make subsidiary rules

The said [Provincial Government][13] may from time to time make rules consistent with this Act as to the following matters:-

(a) the maintenance of watch and ward and the establishment of a proper system of conservancy and sanitation at fairs and other large public assemblies;

(b) the imposition of taxes for the purposes mentioned in clause (a) of this section on persons holding or joining any of the assemblies therein referred to;

(d) [15]* * * *

Section 9 - Penalty for breach of rules

The [Provincial Government][16] may, in making any rule under 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 one month's imprisonment, or two hundred rupees fine, or both.

Section 10 - Publication of rules. Force of rules

All rules made under this Act shall * * *[17] be published in the [official Gazette][18] and shall thereupon have the force of law.

Section 11 - Local repeal, in part, of Code of Civil Procedure

[19][Sections 184, 185 and 189 of the Code of Civil Procedure[20] are hereby repealed.]

Section 12 - Sections substituted in same Code

[21][For sections 182, 190 and 191 of the same Code[22] the following shall be substituted (namely):-

"182. Note of evidence to be taken

A note of the essential points of the evidence of each witness shall be made at the time, and in the course of oral examination, by the Judge, in his own language, or in English if he is sufficiently acquainted with that language, and such notes shall be filed with, and form part of, the record of the case.

"190. Judge unable to make note to record reason of his inability

If the Judge be prevented from making a note as above required, he shall record the reason of his inability to do so, and shall cause such note to be made in writing from his dictation in open Court, and shall sign the same, and such note shall form part of the record.

"191. Power to use note made by Judge dying or removed before conclusion of suit

When the Judge making a note of the evidence, or causing one to be made as above required, dies or is removed from the Court before the conclusion of the suit his successor may, if he thinks fit, deal with such note as if he himself had made it or caused it to be made."]

Schedule - SCHEDULE

SCHEDULE

(See section 3)

A.-Bengal Regulations[23]

Number and year of Regulation	Subject	Extent of operation	Powers or duties how to be exercised or performed
1	2	3	4
[24]*	*	*	*
V of 1799[25]	Estates of Intestates.	[Sections 4, 5, and 6,] [and 7][26].	[27][The functions of the Court of "Sadr Diwani [28]Adalat" and of "the Board of Revenue" shall be performed respectively by the [High Court of Judicature at Nagpur][29] and by the [Provincial Governments]
[30]*	*	*	*

XI of 1806[31]..	Passage of Troops.	Sections 2 to 6 and section 8, with the exception of such part 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, [and with the exception, in section 8, of the words and figures 'under the rules prescribed by Regulations V of 1804'][32].	[33][The powers * * * *[34] of the "Board of Revenue" shall be exercised by the [Central Government][35].]
[36]*	*	*	*
[37]*	*	*	*
XI of 1812[38]...	Foreign Immigrants.	So much as has not been repealed.	[39][The powers of the "Nizamat Adalat" shall be exercised by [the High Court of Judicature at Nagpur][40].]
Number and year of Regulation	Subject	Extent of operation	Powers or duties how to be exercised or performed
1	2	3	4
[41]*	*	*	*
III of 1818[42]..	State Prisoners.	So much as has not been repealed.
[43]*	*	*	*
VI of 1825[44]..	Supply of troops on the march.	The whole	[45][The powers of the "Board of Revenue" shall be exercised by the [Central Government][46]
XI of 1825[47]	Alluvion and Diluvion.	The whole.
[48]*	*	*	*
V of 1827[49]	Administration of landed property.	So much as has not been repealed, except the words and figures "and clauses 5 and 6, section' 16, Regulation III of 1803."	[50][The powers of the "Board of Revenue" shall be exercise by the [Provincial Government][51].]

B.-Acts of the Governor-General in Council

Number and year of Act	Subject	Extent of operation
1	2	3
VIII of 1851[52]..	Tolls on Roads and Bridges.	The whole Act, except section 1 and the Schedule.
[53]*	*	*
XIII of 1857[54]	Opium	Sections 21, 22, 23, 25, 26, 27, 28, 29.
[55]*	*	*
XV of 1864[56]	Tolls	The whole Act.

[1] For Statement of Objects and Reasons, see Gazette of India, 1875, Pt. V, p. 159, and for Proceedings in Council, see ibid, Extra Supplement, dated 14th August 1875, p. 66, ibid, dated 21st August 1875, p. 6, ibid, Supplement, p. 981.

This Act is in force both in the Ex-B. & O. and Ex-C.P. areas of the district of Sambalpur.

[2] Substituted by the A.O., for "C.C."

[3] Substituted by ibid, for "G.-G. in C."

[4] Substituted by ibid, for "G.-G. in C."

[5] Substituted by ibid, for "G.-G. in C."

[6] Substituted by ibid, for "G.-G. in C."

[7] Proviso as to law relating to land-revenue and Courts of Wards Rep by the Amending Act, 1891 (XII of 1891).

[8] The second sentence of s. 3 rep. in the Ex-B. & O. area of the district of Sambalpur by the Bengal and Assam Laws Act, 1905 (VII of 1905), s. 7 and Sch. E.

It is therefore in force in the Ex-C.P. area only of the district of Sambalpur.

[9] Substituted by the A.O., for "G.G. in C."

[10] Substituted by the A.O., for "G.G. in C."

[11] Substituted by ibid, for "C.C."

[12] Section 5 has been rep. in so far as it is inconsistent with the Muslim Personal Law (Shariat) Application Act, 1937 (XXVI of 1937), s. 6.

[13] Substituted by ibid, for "C.C."

[14] The words "and the destruction from time to time of such of the said records as it may be deemed unnecessary to keep" rep. by the Destruction of Records Act, 1879 (III of 1879).

[15] The words "the appointment, duties, punishment, suspension and dismissal of all ministerial officers" rep. by the A.O. These matters are now being governed by the Government of India Act, 1935.

[16] Substituted by ibid, for "C.C."

[17] The words "when sanctioned by the Governor-General in Council" rep. by the Devolution Act, 1920 (XXXVIII of 1920), s. 2 and Sch. I.

[18] Substituted by the A.O., for "Central Provinces Gazette".

[19] Inserted by the Central Provinces Laws Act, 1879 (II of 1879), s. 2. These sections were rep. by the Sambalpur (Evidence) Act, 1908 (Ben. Act II of 1908), s. 2 and are not in force in the Ex-B. & O. area of the district of Sambalpur,

[20] For the reference to the Code of Civil Procedure in ss. 11 and 12, read now the Code of Civil Procedure, 1908 (V of 1 908), s. 158.

[21] Inserted by the Central Provinces Laws Act, 1879 (II of 1879), s. 2. These sections were rep. by the Sambalpur (Evidence) Act, 1908 (Ben. Act II of 1908), s. 2 and are not in force in the Ex-B. & O. area of the district of Sambalpur,

[22] For the reference to the Code of Civil Procedure in ss. 11 and 12, read now the Code of Civil Procedure, 1908 (V of 1 908), s. 158.

[23] So much of Act XX of 1875 as relates to the following Bengal Regulations rep. by the Act noted against each:-

Ben. Reg. I of 1798: Transfer of Property Act, 1882 (IV of 1882).

XVII of 1806: Transfer of Property Act, 1882 (IV of 1882).

X of 1804: Special Laws Repeal Act. 1922 (IV of 1922).

XX of 1810: Cantonments Act, 1889 (XIII of 1889).

V of 1817: Indian Treasure Trove Act, 1878 (VI of 1878).

XX of 1825: Code of Criminal Procedure, 1882 (X of 1882).

Ben. Reg. VI of 1819 rep. in the Central Provinces by the Northern India Ferries Act, 1878 (XVII of 1878), and later generally, by the Amending Act, 1891 (XII of 1891).

[24] The entry relating to the Bengal Land (Conditional Sales) Regulation, 1798 (Beng. Reg. I of 1798), rep. by the Transfer of Property Act, 1882 (IV of 1882), s. 2 and Sch. in Central Acts, Vol. III, p. 33.

[25] Printed in this Code, Vol. I, p. 75.

[26] The entry in Col. 4, Pt. A of the Sch. rep. in the Ex-B. & O. area of the district of Sambalpur by the Bengal and Assam Laws Act, 1905 (VII of 1905), s. 7 and Sch. E but it was subs. by the Central Provinces Laws (Amendment) Act, 1923 (C.P. Act IX of 1923), s. 2.

It is therefore in force in the Ex-C.P. area only of the district of Sambalpur.

[27] The entry in Col. 4, Pt. A of the Sch. rep. in the Ex-B. & O. area of the district of Sambalpur by the Bengal and Assam Laws Act, 1905 (VII of 1905), s. 7 and Sch. E but it was subs. by the Central Provinces Laws (Amendment) Act, 1923 (C.P. Act IX of 1923), s. 2.

It is therefore in force in the Ex-C.P. area only of the district of Sambalpur.

[28] Section 7 is in operation in the Ex-C.P. area only of the district of Sambalpur. See the Central Provinces Laws (Amendment) Act, 1923 (C.P. Act IX of 1923), s. 2.

[29] Substituted by the Central Provinces 'Courts (Supplementary) Act, 1935 (VIII of 1935), s. 5 for "the Judicial Commissioner", see also Central Provinces Courts Act, 1917 (C.P. Act I of 1917).

[30] The entry relating to the Bengal State Offences Regulations, 1804 (Beng. Reg. X of 1804) rep. by the Special Laws Repeal Act, 1922 (IV of 1922), s. 3 and Sch.

[31] Printed in this Code, Vol. I, p. 102. The words in s. 8 of the Regulation excepted from operation in the Central Provinces by this Act (see column 3 above), have now been repealed by the Amending Act, 1891 (XII of 1891).

[32] The entry in Col. 3, Pt. A of this Sch. rep. in the Ex-B. & O. area of the district of Sambalpur by the Amending Act, 1891 (XII of 1891), s. 2(1) and Sch. I.

It is therefore in force in the Ex-C.P. area only of the district of Sambalpur.

[33] The entry in Col. 4, Pt. A of this Sch. rep. in the Ex-B. & O. area of the district of Sambalpur by the Bengal and Assam Laws Act, 1905 (VII of 1905), s. 7 and Sch. E.

It is therefore in force in the Ex-C.P. area only of the district of Sambalpur.

[34] The words "of the Governor-General in Council and", rep. by the A.O.

[35] Substituted by ibid, for "C.C."

[36] The entry relating to the Bengal Land (Redemption and Foreclosure) Regulation, 1806 (XVII of 1806), rep. by the Transfer of Property Act, 1882 (IV of 1882), s. 2 and Sch.

[37] The entry relating to the Military Bazaars Regulation, 1810 (XX of 1810), rep. by the Cantonments Act, 1889 (XIII of 1889).

[38] Printed in this Code, Vol. I, p. 117.

[39] The entry in Col. 4, Pt. A of the Sch. rep. In the Ex.-B. & O. area of the district of Sambalpur by the Bengal and Assam Laws Act, 1905 (VII of. 1905), s. 7 and Sch. E.

It is therefore in force in the Ex-C.P. area only of the district of Sambalpur.

[40] Substituted by the Central Provinces Courts (Supplementary). Act, 1935 (VIII of 1935), s. 5, for "the Judicial Commissioner" see also Central-Provinces Courts Act, 1917 (C.P. Act I of 1917).

[41] The entry relating to the Hidden Treasure Regulation, 1817 (V of 1817), rep. by the Indian Treasure Trove Act, 1878 (VI of 1878), s. 2 and Sch.

[42] Printed in this Code, Vol. I, p. 146.

[43] The entry relating to the Ferries: Police Regulation, 1819 (VI of 1819), rep. by the Amending Act, 1891 (XII of 1891), s. 2(1) and Sch. I.

[44] Printed in this Code, Vol. I, p. 244.

[45] The entry in Col. 4, Pt. A of the Sch. rep. in the Ex-B. & O. area of the district of Sambalpur by the Bengal and Assam Laws Act, 1905 (VII of 1905) s. 7 and Sch. E.

It is therefore in force in the Ex-C.P. area only of the district of Sambalpur.

[46] Substituted by the A.O., for "C.C."

[47] Printed in this Code, Vol. I, p. 259.

[48] The entry relating to the Bengal Regulation, 1825 (XX of 1825) (Court-Martial and Military Courts of Requests), rep. by the Code of Criminal Procedure, 1882 (X of 1882).

[49] Printed in this Code, Vol. I, p. 274.

[50] The entry in Col. 4, Pt. A of the Sch. rep. in the Ex-B. & O. area of the district of Sambalpur by the Bengal and Assam Laws Act, 1905 (VII of 1905) s. 7 and Sch. E.

It is therefore in force in the Ex-C.P. area only of the district of Sambalpur.

[51] Substituted by the A.O., for "C.C."

[52] Printed in Central Acts, Vol. I, p. 78.

[53] The entry relating to Act XVIII of 1853 (Sale of Spirits in Cantonments), rep. by the Amending Act, 1891 (XII of 1891), s. 2 (1) and Sch. I.

[54] Printed in this Code, Vol. I, p. 325.

[55] The entry relating to the Minors Act, 1858 (XL of 1858), rep. by the Guardian and Wards Act, 1890 (VIII of 1890), s. 2 and Sch.

[56] Printed in Central Acts, Vol. I, p. 408.

CENTRAL PROVINCES LAWS ACT, 1875