THESONTHAL PARGANS ACT, 1855 [Act,No. 37 of 1855] [22ndDecember, 1855] An Act to remove from the operation of the general
Laws and Regulations certain district inhabited by Sonthals and others, and to
place the same under the superintendence of an officer to be specially
appointed for that purpose. Whereas the general Regulations and Acts of
Government now in force in the Presidency of Bengal are not adapted to the
uncivilized race of people called Sonthals, and it is therefore expedient to
remove from the operation of such laws the district called the Damin-i-Koh, and
other district which are inhabited principle by the tribe; It is enacted as
follows,--
SONTHAL PARGANS ACT, 1855
Preamble 1 - THE SONTHAL PARGANS ACT,
1855PREAMBLE
Clause1.-- The districts described in the
Schedule to this Act are hereby removed from the operation of the general
Regulations of the Bengal Code and the laws passed by the Governor-General of
India in Council, except so far as is hereinafter provided; and [2] [no
Central Act passed before the commencement of PartIII of the Government of India
Act, 1935,] shall be deemed to extend to any part of the said districts, unless
the same shall be specially named therein:
Proviso.
Provided that nothing herein contained shall [3] [***]
removed any part of the said districts from the operation of [4] Regulation
10 of 1804 of the Bengal Code; nor permanently settled land revenue due under
the same, nor any law relating to the sale of lands for arrears of revenue, or
relating to patnitaluks or to the sale thereof for arrears of rent, nor any law
relating to mutations or batwara or to any other matter to which the [5] [State
Government] shall at any time notify in the [6] [Official
Gazette] that the general Laws and Regulation shall extend.
Clause2-- The said districts shall be placed under
the superintendence and jurisdiction of an officer or officers to be appointed
in that behalf by the State Government and officer or officers shall be subject
to the directions and control of the State Government.
Section 2 - Administration Of Justice And Collection Of Revenue
The administration of
civil and criminal justice and the collection of the revenue, not being
permanently settled land revenue within the said districts, are hereby vested
in the officer or officers to be so appointed:
Suits exceeding value
of one thousand rupees.
[7]Provided that all civil suits in which the matter
in dispute shall exceed the value of one thousand rupees shall be tried and
determined according to the general laws and regulations in the same manner as
if this Act had not been passed:
Collection of
permanently settled land revenue.
Provided also that
all permanently settled land revenue shall be collected and paid at the same
places and in the same manner as if this Act had not been passed.
Section 3 - Administration Of Civil And Criminal Justice
In
the administration of civil and criminal justice the officer or officers under
this Act[8][***] may hold his or their Courts either within
the said district or at any place or places that may be appointed for that
purpose by the[9][State Government]; and any person liable to be
imprisoned in any civil or criminal jail may be imprisoned in any civil or
criminal jail, as the case may be, which the[10] [State Government] may order, whether the same be
in or out of the said district.
Section 4 - Decisions Final; Confirmation Of Death Sentence; Appeal; Procedure On References To Sadar Court
[Repealed by the Sonthal Parganas
Justice Regulation, 1893 (5 of 1893).]
Section 5 - Saving Of Laws Relating To European British Subjects
[Repealed, ibid.]
Section 6 - Commencement Of Act
[Repealed by the Repealing Act, 1870
(14 of 1870).]
Schedule
1 - SCHEDULE
[11]THE SCHEDULE
The
Damin-i-Koh.
So much of Pargana Bhaglapur and
Pargana Satiyari as lies east of the Gerua Nadi and south of a line drawn
eastward from Hamza Chak to the village of Dighi.
|
Pargana |
Tiliyagarhi. |
Except such parts of them as are now
or may hereafter be situate on the left bank of the main stream of the Ganges
so that any change in the course of the the main stream shall be the
boundary. |
|
" |
Jamuni. |
|
|
" |
Chituliya. |
|
|
" |
Kankjaul. |
|
|
" |
Bahadarpur. |
|
|
" |
Akbarnagar. |
|
|
" |
Inayatnagar. |
|
|
" |
Makrain. |
|
|
" |
Sultanganuj. |
|
|
" |
Ambar. |
|
|
" |
Sultanabad. |
Except such detached villages as lie
within the general boundaries of parganas not mentioned in this schedule. |
|
" |
Godda. |
|
|
" |
Amolmotiya. |
|
|
" |
Pasai. |
|
|
" |
Handwa. |
|
|
Tappa |
Manihari. |
|
|
" |
Belpatta. |
|
|
Pargana |
Pabbiya. |
|
|
Tappa |
Sarath Deogarh. |
|
|
" |
Kandit Karaiya. |
|
|
" |
Muhammadabad. |
|
|
Such part of pargana Darin Mauleshwar
as lies |
||
|
North of the Chilla or Chandan Ghat
Nalla. |
ZILA BIRBHUM ZILA BHAGALPUR
Such detached portions of other
parganas and tappas as lie within the general boundaries of any of the above
mentioned parganas and tappas.
Such portions of parganas belonging to
Malda and Purnet below the village of Khidurpur in Pargana Tiliyagarhi, as are
now or may hereafter be situate on the right bank of the main stream of the
Ganges.
[1] Clause 1 of section 1 appears to have
been superseded by the Sonthal Parganas Settlement Regulations, 1872 (3 of
1872),
[2] Substituted for the words "no law
which shall hereafter be passed by the Governor-General of India in
Council" by A. O., 1937, w.e.f. 1-4-1937.
[3] The words "extend to or affect any
case now pending in any Court, nor", were omitted by the Amending Act,
1891 (12 of 1891).
[4] The Bengal State Offences Regulation,
1804, was repealed by the Special Laws Repeal Act, 1922 (4 of 1922),
[5] Substituted for the words
"Provincial Government" by A. L. O., 1950.
[6] Substituted for the words
"Calcutta Gazette" by A. O., 1937 (w.e.f.1-4-1937).
[7] With reference to this proviso, see the
Sonthal Praganas Settlement Regulations, 1872 (3 of 1872), section 3(2) and
Sonthal Parganas Justice Regulation, 1893 (5 of 1893), section 15.
[8] The words "shall be guided by the
spirit and principle of the Civil and Criminal Laws administered in the Courts
of the East India Company in the Presidency of Bengal, but shall not be bound
to take the fatwa of a law officer; and he or they", were omitted by the
Sonthal Parganas Justice Regulation, 1893 (w.e.f. 5 of 1893).
[9] The words "shall be guided by the
spirit and principle of the Civil and Criminal Laws administered in the Courts
of the East India Company in the Presidency of Bengal, but shall not be bound
to take the fatwa of a law officer; and he or they", were omitted by the
Sonthal Parganas Justice Regulation, 1893 (w.e.f. 5 of 1893).
[10] Substituted for the words "Provincial
Government" by A. L. O., 1950.
[11] Substituted for the original Schedule by the
Sonthal Parganas Act, 1857 (10 of 1857).