1903 - Ministry of Law & Justice

1903 - Ministry of Law & Justice

CALCUTTA : G O V E R N M E N T OR I N D I A CENTRAL P R I N T I N Q OEIFlOE, 8, HASTINGS STREET. TITLES OF ACTS \ PASSED BY THE GOVERNOR GENERA...

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CALCUTTA : G O V E R N M E N T OR I N D I A CENTRAL P R I N T I N Q OEIFlOE,

8, HASTINGS STREET.

TITLES OF ACTS

\

PASSED BY

THE GOVERNOR GENERAL OF INDIA IN COUNClL -

I N THE YEAB 1903.

I. An Act to facilitate the citation of certain eaactmentsJ to amend certain 11. 111.

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XI. XII.

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XIII. XlV. XV.

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enactments and to repeal certain other enactments. to amend the Indian Post Office Act, 1898, to make better provision for facilitating and regulating the supply and use of electrical energy for lighting and other purposes. further to amend the Provident Fund. Act, 1897. further to anlend the Indian Ports Act, 1889. further to amend the Indian Paper Currency Act, 1882. to provide for imposiilg restrictions upon the use and enjoymeat of land i n the vicinity of works of defence iu order that such. land may be kept free from buildings and other obstructions, and for determining the amount of compensa. tion to be made on account of snch imposition. to extend to all High Courts the power to grant Prohates of Wills atid Letters of Admiuistration having effect throughout British India, and to confer upon District Judges the power to grant such probates in certain cases. to provide for the levy of customs-duty on Indian lea exported from British India, and to amend section 5 of the Indiall Tariff Act, 1594. to provide for tho erectiou and rnanagemont of tho Victoria Memorial a t Calcutta. further to amend the Indian Income-tax Act, 1886. further to amend the Indian Tariff Act, 1899. further to ameud tho Lepers Act, 1898. to give effect to the Foreign Marriages Order in Council, 1903. to consolidate and amend the law relating to the Extradition and Rendition of Criminals. to make better provision for the organization and adminielm. tioil of muuicipalities in t3e Central t'rovinces.

ACT No. I OF 1903. PASSED BY TED GOVEXNOR GENERAL OF INDIAIN COUNCIL, [Received the assend of the Governor Beaeral ora the 6th March,

1903.1 \

An Act to facilitate the citation of certain enactments, to amend certain enactments and to reped certain other enactments, WHEREAS it is expedient to facilitate the citation of the enactments specified in the first sohedule f o this Act ; And whereas it is also expedient that certain formal amendments should be made in the enactments specified in the second schedule to this Act ; And whereas it is also expedient that certain enactments specified in the third schedule to this [email protected]?which are spent, or have ceased to be in force othe?civSgethan by express specific repeal, or have by lapse of time or otherwise become unnecessary, should be expressly and specifically repealed ; It is hereby enacted as follows :I. This Acf m a y be called the Repealing and Short title. Amending Act, 1903. 2. Each of the engctments desoribed in the first Qtatjonof three columns of the' first schedule may, without ~ ~ ~ ~ ~ , , t B , prejudice to any other mode of citation, be cited for all purposes by the short title mentioned in that behalf in the fourth oolumn thereof. 3. The enactments specified i n the second ached. ' ule are hereby amended to the extent and in the enactments. manner mentioned in the fourth column thereof. 4. The enactments specified in the third schedule Repeal of are hereby repealed t o t h e extent mentioned in the oertain fourth column thereof, 5. The

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5. The repeal by this Act of any enactment shall not affect any 'Aot or Regulation in which such enactment has been applied, incorporated or ref erred to; and this Aot shall not affeot the validity, invalidity, effeot or consequences of anything already done or suffered, or any right, title, obligation or liability already aoquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing ; nor shall this Act affeot any principle or rvle of law, or established jurisdiction, form or course of pleading, praotioe or procedure, or existing usage, cuetom, privilege, restriction, exemption, offico or appointment, notwithstanding that the same respectively mag have zbeenin any manner affirmed, recognized or derived by, in or from any enactment hereby repealed ; nor shall the repeal by this Act of any enactment provide or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practioe, procedure or other matter or thing not now 'existing or in force.

4 1.

THE FIRST SCHEDUL-E, SHORT TITLES.

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(Bee sectiotz 2.)

i I

Title

or subjeot.

Bhort title.

P ~ r I.-RegzcZatioss t of the iBeagagaZi Code. XIX A Regulation for re-enacting, The Ben91 Revenue-free Lands (Non-

I

I I

i

with modifications, the rules BBdsh4hi Grants) Regulation, 1793. passed by the Governor General in Counoil on the 1st December, 1790, for trying the validity of the titles of persons holding, or olaiming a right to hold, litnds exempted from the payment of revenue to Government, under grants not being of the description of those termed btfdshllhi or royal ; and for determining the amount of the annual assessment to be imposed on lands so held which may be adjudged or become liable to the payment of public revenue.

XXXVII A Regulation for re-enacting, The, Bengal Revenue-free Lands (BBd with modifications, the rules shdhi Grants) Regulation, 1703. passed on the 23d April, 1788, and subsequent dates, ' for trying the validity of the titles of persons holding or claiming a right to hold AIGmgha, j&$r ~ n dother lands exempt from the ,payment of public revenue, under grants termad b8dshtfhi or royal ;and for determinin when certain grants o$ that de~cription shall be considered to have expired ;and for k i n g the amount of the public revenue to be assessed upon the lande the grants for which may expire or be itdjndged invalid.

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THE F I ~ S TSCHEDULE-cowtd.

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2

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No.

Year.

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3

4

Title or subject.

Short title.

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made in the Provinoe of Benares ;for allowing of the transfer or division of entire estates or portions of .. estates ; and preeoribing rules for apportioning the fixed jama on the -several shares of estates whiohmay

Muhammadan Lams .with

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-.THE FIRST SCHX DULE-COBZ~.

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4 -T 1 ..

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(i, : i1

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Year.

NO.

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3

Title OY subjeot.

S h o ~title. t

Part I.-RegzlZatio~s of the BengaZ Code-contd. I A Reeulation toprevent fraud The Bengal Land (Conditional Salee) and injustice i n conditional Segdation, 1798. I sales of land under deeds of bai-bil-wafa or other deeds of the same nature.

A Regulation for registers of The Bengal Revenue-free Lands Regulaestates aylng revenue, and lands he% exempt from the payment of revenue.

tion, 1800.

I A Regulation to explain and The Bengal Land-revenue Assessment amend the rules for the di- Regnlation, 1801. vision of joint estates and allotment of the fixed assess ment thereupon.

XXXIII A Regulation for preventing The United Provinces Native Revenuethe embezzlement of public money and the withholding of publio papers by the Native officers of Government in the Provinces ceded by the Nawab Wazir to the Hon'hle the English East India Company.

officers Regulation, 1803.

A Regulation for the settle- !Che Cuttaok Land-revenue Regulation, ment and collection .of the public revenue in the Ziia of Cuttack, including the Parganas of Pataspur, Kamarddchor and Bogif, at present included in the Zila of Midnapur.

1806.

A Regulation for the main- The Cuttack Polioe Regulation, 1806. tenance of the peace and for the support and administration of the Police in the Zila of Cuttack, and for amending. certain provisions contained in Regulation IT,1804.

Title or subject.

THE FIRST SCHEDULE-~olztd.

II

1

Year.

4

3

Title or sabjeot.

No.

-

Short title.

Part I.--RepZntioas o f the Be y a l

G'o~ok-contd,

A Regulation for establish- The Bengal KPndngos ~ e k u ~ a t i o1816. n, ing the office of Rdnfingo in the district of Cuttaok, the pargana of PatBspnr, and the several pwganas dependent on it.

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,

A Regulation for the appoint- The Sundarbans Regulation, 1816. ment of a Commissioner of Revenue within that ortion of the districts of tge 24Parganas, Nadia, Jessore andBackerg~ngecommonly denominated the Sundarbans.

A Regulation for seouring The Bengal Patw&is Regulation, 1817. the better administration of the office of Patwrlri in the Ceded and Conquered Provinces, the Provinces of Behar and Benares, the district of Cuttack, the prrsgana of Patiispus and its dependenoies.

I

A Regulation for reducing The Bengul Police Regulation, 1817. into one Regulation, with amendments and modifications, the several rules whi6h have been passed for the guidance of daroghae and other subordinate offioers of polioe.

A Regulation for re-establish* The Bengal Kdndngos and Patwhris ing Ktindngos and reforming the office of Patwdri throughout the Province of Bengal ;and for explaiiug and modifying certain parts of Regulation XII, 1817.

Regulation, 1819.

Part I.--Regrlations of the B e ~ g a lCode - oontd. II A Regulation for modifying The Bengal Land-revenue Assessmen the provisions contained in (Resumed Lands) Regdatios, 1819. the existing Regulations regarding the resumption of the revenue of lands held - free of assessment under illegal or invalid tenures and for defining the right of Government to the revenue of lands not included within the limits of estates for which a settlement has 1821

IV A Regulation for explaining Th'e Bengal Land-revenue (Assistant Co! the dubes of an Asmetant Collector of Revenue, and for defining the duties and powers vested in Assistant Collectors or other officers a pointed to the charge of revenues of parganas or other local divisions, or employed i n the performance of any portion of the functions ordinarily belonging to the Collectors of landrevenue.

lectors) Regulation, 1821.

tL

1829

'9,

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1x1 A

modifgjng The Bengal Board of Revenue ~ e g u l a the constitution and altering tion,1822, the jurisdiction of the -, several Boards vested with the superintendence of the lad-revenue in the territories belonging to the Presidency of Port William. TII A Regulation for declaring The Bengal Lad-revenue Settlement the prinoiples according to RegulatioXb 1822. which the settlement of the land-revenue in the Ceded and Conquered Provinces, including Cuttack, Patdspur and its dependencies, is to be hereafter made, and the powers and duties belonging to Collectors or other officers

-waL.

THE FIRST SC 1

a

I

9

Title or aubjeot.

Ycnr.

Part I.-Regzcdatiolzs VIIcontd.

4

Short title.

o f the BelzgaC Code-contd.

and recording the rights and obligations of various classee and persons possessing an interest i n the land, or i n the rent or produoe thereof ; and for vesting the Revenue-authorities with judicial cognizance in certain cases of suits and claims relating to land, the rent and produce of land.

X I A Regulation for declaring The Bengal Government Indemnity ReGovernment not to be liable gulation, 1822. for any errors or irregularities i n the proceedings of the Courts of Justice ; and for making further provision for the conduct of the Revenue-officers in certain cases. A Regulation for i~thorizing The Bengal Indigo Contracts Regulation, the institution of summary 1823. suits to enforce the execution of certain written engage-cnltnts for the cultivation and delivery of the indigo-plant, and for,declaring certain principles in regard to the same.

A Regulation for extending The Bengal Laud-revenue the operation of Regulation Regulation, 1826. VII, 1822 ;for authorizing the Revenue-authorities to let in farm estates untleltemporary leases, on the default of the m&lguz&rs,or to hold the same khLs for a term of years ; for modifying and adding to the rules contained in Regulation 11, 1819 ; and for making certain other amendments in the existing Regulations.

Settlement

Title or aubjeot.

gula6ion to maintain The Bengal Land-1,evesue Settlemen ettlement made for cer- (Resumed Kdnbngos' and Revenue-fie lands held exempt from Lands) Regulation, 1825. payment of revenue by - - ,ndngos in the Province Behar ; and to provide r the future settlement of sudh lands, as well as of the lands oomposing other resumed Klrhirdj tenures, with the present occupants, when so directed by Government.

the Governor General in Council, in the confirmation of l&khir&jtenures; to dehe, the principles to be followed in determining on the force and validity of grants made by persons exercising authoiity i n different quarters previously to the acquisition of the oountry by the British Government; and to provide for the due application of. the general laws and regula- : tions respeoting lands held free of assessment to the territory oeded by Govind R6o to the British Govern-. ment, and annexed to - the

T H E FIRST SCHEDULE-eorttd, a

4

3

Title or subjeot.

Short title.

fl

Pavt X--Reg* Zatiorts qf tJe BelzgaZ Code-contd. I11 -

1828

rontd.

I

d e o t e d by individuals, without payment of the revenue demandable by Government nnder the general law of the country ; and for otherwise more effectually seourlng the realization of the ' publio dues.

,

IV A Regulation to deolare and The Bengal Land-revenue Settlement extend the powers to be exRegulation, 1828. eroised by Collectors when making or revising settlements nnder the provisio~s of Regulation VII, 1822.

99

VII A Regulation for amending The Benares Family Domains ~e&lation, the provisions of Regulation 1828. XV, 1795,and for defining the authority of the Raja of Benares in the MaXals therein referred to.

B,

1829

I*

1.830

I A Regulation for constituting The Rengal Revenue Commissioners Commissioners of Revenue Regulation, 1839. and Circuit ; for establishing a Sadr Board of Revenue ; for modifying the constitution of the Provinoial Courts ; for transferring to the* said Commissionersthe functions now exeroised by the Superintendents of Police and those of the mufassal speoial Commissioners aoting nnder the provisions of Regulation I, 1821 ; and otherwise for providing for the better administration of Civil and Criminal Justice.

V A Regulation

relatingto the The Bengal Indigo Conkacts Regulation, oultivation and delivery of 1830. Indigo-plant.

I

Title Qr subjeot.

P a r t I,-Regulations 1833

Part 11.-Acts 1836 91

1841 /

1847

1848

1850 29

o f t h e en gal Code-ooncld.

I X . A Regulation to modify cer- The Bengal Landerevenue (Settlement tain portions of Regulation and (Deputy Colleotors) , Regulation, V I I of 1822and Regulation 1833. 1V of 1828 ;to provide for the more speedy and satisfactory decision of judicial queetions oognizable 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 agenoy in the Revenue Department ; and to declare the intent of section 6, Regulation V I I of 1822, touching claims to mdlikdna.

o f the Governor (3elzeral ifi Cozsncdl.

. . The Bengal Indigo Contracts Act, 1836. Districts . . . . The Bengal D i s t r i h Act, 1836. An Act for amending the The Bengal Land-revenue Sales Act,

X Indigo Conkacts XXI XI1

Bengal Code in regard to 1841. sales of land for arrears of revenue. IX An Act regarding the assess- The Bengal Alluvion and Diluvion Act, 1847. ment of lands gained from the sea or from rivers by alluvion or dereliction within the Provinces of Bengal, Behar and Oriesa. X X An Act for better enforcing The Bengal Landholders' Attendance Act, 1848. the attendanceof proprietors and farmers of land beEore Collectors of Land-revenue in the Lower Provinoes of the Bengal Presidency. XXIII An Act for ,aeonring the The Calcutta Land-revenue Act, 1850. Land-revenue of Calcutta. XLIV An Act for consolidating the The Bengal Board of Revenue Act, 1850. Board of Customs, Salt and Opium and the Sadr Board of Revenue in the Lower Provinces of Eengal.

i

4

3 No.

'

I

Tltle or subjeot.

Short title.

XXXII An Act relating to Embank- The Bengal Embankment Act, 1855. ments.

X XXVII An Act to remove from the The Sonthal Parganas Act, 1855. operation of the General Laws and Regulations certain districts inhabited by Sonthals andothers, and to plaoe the same under the superintendence of an officer to be speciauy appointed for that purpose.

XVlII An Act relating to the ad- The cilcitta Land-revenue Act, 1866. ministration of the public revenues in the Town of Calcutta.

XX An Act to make better provi- The Bengal Chaukidari Act, 1856. sion for the appointment and maintenany of Police Chaukidars in Cities, Toms, Stations, Suburbs and Bazars in the Preaidenoy of Foi-t, William in Bengal.

X X I I An Act for establishing a The Karatoya Tolls Act, 18515. toll on boats and timber paming through the Karatoys river in the district of Bogra.

I An Act to amend XXXVII of 1856.

~ o The t Sonthal Pargsnas Act, 1857.

XI11 An Act to consolidate and The Opium Act, 1857. amend the law relating to the cultivation of the poppy and the manufacture of opium in the Presidency of Fort William in Bengal.

XXI An Act to make better provi- The Howrah Offences Act, 1857. sion for the order and good government of the station of Howrah.

Title or subject.

Part II.-Acts

of the Governor General. i n Coulzcil-contd.

X X X I An Act to make further pro- The Bengal Alluvial Land Settlement A vision for the eettlement of 1858. ,

land gained by alluvion in the Presidency of Fort W illiam in Beligal.

. .

Lower Provinces under the Bengal Presidency.

1871

XXII An Act to authorize the .ex- The Bengal Chaukidari (Ameodmeu tension o f the Chaukidari Act to places where there is no Jamadar of Polioe.

and to amend the same Act.

Act, 1871.

T H E FIRST SCHEDULE-contd,

1

2

8

Year.

No.

Title or subject.

I

4

I

Short title.

'part II.- Acts of t l e Govepor General in. Cowzcid--concld,

1

An Act to revive and amend The Punjab Murderous Outrages (Amendment) hot. 1877. Act No. X X I I I of 1861. An Act for the further amend- The Punjab Laws (Amendment) Act, ment of the Punjab Laws 1818. Act, 1872.

1

An Act to amend Bengal Act The Bengal Cess (Amendment No. 1) No. I X of 1880 (the Cess Aot, 1881. Act, 1880).

VII

1896

,

An Act to give power to ar- The Calcutta Pilots (Amendment) Act, rest persons whose evidence 1883. is needed under Act XI1 of 1869. An ~ otot amend the Chota I The Chota Nagpur Encumbered Estates Nagpur Encumbered Estates (Amendment) Act, 18%. Act, 1876. -1

VIII An Act to amend sections 12 The Bengal Tenancy (Amendment) Act, and 13of the Bengal Ten- 1886. ancy Act, 1886. .

XIX ,

II

1 I

An Act to amend the Punjab The Punjab Courts (Amendment) Act, 1896. Courts Act. 1884. An Act to amend the Punjab The Punjab Land-revenue (Amendment) Land-revenue Act, 1887. Act, lBg6.

I

An Act to amend the Punjab The Pnnjab Municipal (Amendment) Act, Mnnioipal Act, 1891. 1896.

Part III.- Bsngal Acla. An Act to amend Act XI of The Bengal Land-revenue Bales (Amend1859 (to improve the law meut) Act, 1862. relating to sales of land for Arrearp of Revenue in the Lower Provinces under the Bengal Presidency). An Act to amend Act X of The Bsngal Rent Aot; 1862. 1859 (to amend the law relating t o the recovery of rent in the Presidency of Fort WilliaG in Eengal).

Title or snbjeot.

1903.1

Repeal and Bwen8ment.

A

i

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THE FIRST SCHEDULE-costd, 4

I

Year.

No.

Bhorb ltle.

Tltle or sobjeot.

Part III,-Belegal Acts-contd.

VIIP An Act to amend the law for The Beagal Rent Recovery (Under tenures) Aat, 1866.

the sale of such undertenures as by the title-deeds or established usage of the country ate transferable by sale or otherwise for the reoovery of arrears of rent due in respeot thereof.

An Act to provide for the The Caloutts\ Suburban Polim Act, 1866. better regulation ~f the Police within the suburbs of the town of Calmttra

; '1

1

I I 1867

II

IPP An Aot to provide for the The Ben I Legislative CounoiI (Wit.

I

I

attendance and examination of witnesses before the Council of the Lieutenant* overn nor of Beom1 for making Laws and %egula-

neaaes)

& 1866.

I

I

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VXI An Act to make better pro- The Bengal Embankment Aot, vision for the acquisition of land for embankmentn. -,andother mattersrehting there-

11 'An

to provfde

1866.

I

the unishment of public gam- -The Bengal Publio Gambling Act, 1867. the keeping of oommon gaming-houses in the territories subjeot to the Lieutenant-Governor of, Bengel. fdr

..,

8,

111 An Act to. amend the law The l en gal Ports Act, '

sJ

relating to s h i p lying in pods in the Provinces under the control of the Lientenant-Qovernor of Bengal.

1867.

IV An Bat to explain and amend The Bengel Rent (Appeals) Aot, 1867. Aot VI of 1862#passed by the Lieutenant-Governor of Bengal i n Counoil, and to give validity to certain judgmente.

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A

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THE FIRST SCHEDULE-contd. 1 1

Year.

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I

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No.

3

1 I

Title or .abject.

P a r t III.-Beaga2

I1

4

..

Short title.

Acts-contd.

An Act to amend the law re- The Bengal Land-revenue specting appeals in oaEes Aot, 1868. under Regulation V l I of 1822,

Settlement

An Act to amend ,the 'provi- The Bengal Alluvion (Amendment) Act, sions of Act I X of 1847 (an 1868. Act re arding the assessment o f lands gained from the sea or from rivers by alluvion or dereliction within the Provinces of Bengal, Behar and Orissa).

V I I An Aot to make further pro- The Bengal Land-revenue vision for the recovery of 1868. arrears ~f land-revenue and public demands recoverable as arrears of land-revenue.

Sales Acts

An Aot for the Prevention of The Bengal (Iruelty to Animab Act, 1869. Cruelty to Animah. An Act to enable Polioe- The Bengrsl Cruelty to Animals (Arrest) . oficers to arreet without Act, 1869. warrant persons guilty of oruelty to animals. An Aot to amend the consti- The Bengal Polioe Act, 1869. tution of the Police-force in Bengal.

1 An Act to amend the Village The Bengal Village ChaukiUri Act, 1871. Chaukiddri Act, 1870. An Act, to amend the proce- The Bengal Land-revenue Sales (Amenddure for the recovery of ment) Act, 1871. arrears of land-revenue in reapeot of tenures not being estates. An Aot to amend the Salt The Bengal salt Acts 1873. Aot, 1864.

1

I

I V $n Act for registering Births The Bengal Bi*h and Deaths Regisbration bet, 1873. and Deaths. An Act to provide for the The Bengd Muhammadan Marriages and voluntary Registration of ' Divorw Registration Act, 1876. Muhammadan Marriages and Divomes.

(

THE FIRST SOHBDU&E-cotttd;

1

11

I

3

a

4

Title or subjeot.

Bhort title.

P a ~ III.-BeltgaG t Acts-oontd. I1 An Aot to amend Act XI of The Calcutta Polbe (Amendment) Act, 1849, Act X%Iof 1866 and 1876. Aot IT (B.C.) of 1866. Bengal Act The Bengal Land Registration (Amendment) Act, 1878.

- I1

An Act to amend and extend ~ h ^ Pusi e Lodging-houee (Extension) Aet, the Puri Lodging-house 1879. Act, 1871. An Aot to provide for the The Bengal Steam-boilers and Prime. eriodiwl inspection of movers Act, 1879. !Itearn-boilers and Primemovers attsohed thereto i n the Town and Suburbs of Calcutta and in Howrah.

TI11 An Aot to define and limit m e Bengal Rent Settlement A d , 1879, the powera of Settlementofficers,

I

I

I

I11 An Act to amend the The Howah Bridge Act, 1880. Howrah Bridge Act, 1871. 'I1 An Act to amend the Ceas The Bengal Cew (Amendment No. 2) Aot, 1880. Aot, 1881. 111 An Act to amend the Court The Bengal Court of Warde (Amendof Wards Aot, 1879. ment) Aot, 1881. I

An Act to amend the Bengal The Beagal E x o b (Amendment) Act, Excise Aot, 1878. 1883. An Act for the Registration,. The Darjeeling and ICurseong Munioiand Control of Portera and pal (Porters) Act, 1883. Dandeewallas in the Darjeeling and Kurseong Municipalities.

I An Act further to amend The Pnri Lodging-house (Externion) Bengal Aot IV of 1871. Aot, 1884. I1 An Act to amend the Cal- The Caloutta Tramways (Amendment) cutta l'pmmays Act, 1880. Act, 1884.

/

I An Aot to further amend The Ben rl Village ChaulridQri(Amendthe Village Cheukidbri rnent) l o t , 1886. Aot, 1870.

THE FIRST'SCHEDULE-coat& 1

a

3

Title or subject.

,

(B.C.) of 1866, and th Caloatta Police Aot, 1866.

Aot V of 1880.

Vrtocination Aot, 1880.

cutta Port Act, 1890.

Calcutta and Suburban Police endment) Aot, 1886.

THE FIRST SCHEDULE-comcZd. 1

a

Year.

No.

-

5

4

3

Tltle or snbjeot.

Short tltle.

1

I An A d to amend the Pnblio The Ben 1 Publio Demaads Recovery Demands Eecovery Aot, 1895.

1899

(~xyn&ent) Act, 1897.

-11 An Aot .to ~ e p e a lthe Civil The Bengil Civil Court Amins Act, Courts Amins Act, 1856, in Bengal.

1899.

Snbjeot or short title.

Amendmenta.

Part ~ . - ~ e ~ a ~ a t i uofn stle Beltgal Code, 1798

I1 T h e Bengal . Land.revenue Ilegnlation, 1793.

I n section 18, a4er Collector iasert or. I n sections 36,38, 3 0 , ~ 0 , 4 2 , 4 3and 45, the words Governor General in Council, whermer they ocour, ahall be read as i f t h e words Looal Government were socbstitated thertfofop. I n section 40, the word his shall be read as dfthe word its were substituted therefor.

'

I n section 45, the word him shall be 'read aa if the word it were substitwted

sdstitfcted therefws I n section 21, the w o ~ d Glovernment ehail be read as $$' the words the Looal Government were substituted tiergfor. 3,

XIX

Revenue-free Lands (Non- In sections-9, 3, 8 and 16, the words Bddsh&hi Qrants). Governor General in Counoil, wherever they oocrc~;shall be read a s Zf the words Looal Qovernment were substiI n section 2, clause Fourth, the word him sha2Z be read as -if the word i t were substituted thwefor. I n seation 10, the w w d s Governor General in Counoil shall be read if the words Governor General in Council or the Local Government w ~ e socbstitfcted therefor. I n seotion 15, t h WWU him, where it ZaaL O C C U P ~ ,shaZZ be read ccs .if the -word it w e su6stituted thevefor.

T H E SECOND SClHEDULE-comtd. S

-

Bubjeat or short title.

1

Amendments.

Part I.--Regalati~.ns of tAe Beegal Code-cpntd. XXXVII Revenue-free Lands (BBd- In sections 2, 3, 6 and 10, the words

Governor General in Counoil, wherejea* they o c c m shall be read as iif t l e words Local Government were substituted therefw.

shBhi Grants).

were

I n seotion 10, the word him, it kcst o c w s , ohall be read as: iJ the word it sere oubsti$uled therfor.

V The Bengal Wills and In- In section 7, the words Governor General testaoy Regulation, 1799.

in Council sRa22 be read as $the word* Local Government were substituted thwefor, and the zcord his, where it last ooours, shall be read a s if the word its were substituted therefop.

I n seotions 18, 20, 26, 28 and 30, the word* Governor General in Council, whereaer they ooour, shaZl be ~ e a das iJ the words Lwal Government; mere substituted therefor.

XI1

In seotion 18, clause Third, the word himself shaZ1 be r e d as %y the word itself were substituted thertfor. I n section 18, clause PZfth, the word him shall be read clcs %ythe word it were substitaated therefor. I n seotion 22,for through the Board of Revenue for the info~.mation of the Governor General in Counoil substitute to the Board of Revenue.

XI11 Police, Cuttack

.

,

I n seotion 3, the words the Governor General in Counoil, by an order in Council, shun be read as $ the word# the Local Government, by notifioatior in the Caloutta GazeLte, were substituted therefor. I n section 4, clause EburtR, the words Governor General in Counoil shall 6s read as y the words Local Governmenb were substituted tRerefor.

T H E SECOND SCHEDULE-corntd; 1

3

4

Year.

Bubjeot or short title.

Amendments.

-

P a r t 1.-Regrlatiorna XIX

e

of the Berngal Code--contd.

II

Charitable Endowments, I n section 3, for those Bonrds substitute Publio Bnildinge and the Board of Revenue. Esoheate. I n section f w Boards substitute Board.

I

I n seotion 8, for those Boards respeetively substitute the Board. I n section 9, the words Governor General in Counoil shall be read as if the words Looal Government were substituted therefor.

II

I n section 12, for superior Bonrds substitute Board of Revenue, and for Boards substitute Board.

V ' Land-revenue Sales

. .

I n seotion 13,.for superior Board substidate Board of Revenue. I n seotion 26, the words Governor General in Council shall be read as i f the words Looal Government were substituted therefor.

. .I in

X I The Bengal Poreign Immi- At theend of seotion 6, for the said grants Regulation, 1812. Regulation substitute this Regulation. XXIX

G h a h 4 i Lande

V KQnfingos

I X Sundarbans

. . .

. .

I n section 6, the words Governor Genela1 Counoil, whwever the occur, shalb be wad LU ip the words Government were substituted thwefor.

total

I n sections 6 and 11, the words Governor General in Counoil, wherever they occur, shall be read as i f the words Local Government were substituted themfor. I n section 2, the words Governor General in Council shall be ~ e a das %ythe words Looal Government ware substituted therefor. I n the same section, for Regulations eubsiitute Laws.

THE SECOND SCHEDU1;E-contd.

*ear.

I

1

NO.

Snbjeot or short;title.

I

. . .

Amendments.

'Part I,- RegzcZations ofthe BeltgaZ Code-contd. XI1 Patwrlrie

.

KQndingos and Patwrlris

.

I n section 18, the words Governor General in Counoil shall be read us if the words Local Government were substituted therefor. I n section 4, the words Governor aeneml in Council, wherever they oucwr, shalz be read as i f the w r d s Local Government were substitded therefor. I n section 4, olause Third, the word he ahall be read as i j the word it weve substituted thtwefor.

Land-revenue Assessment I n section 13, olause Third, and in section 14, the words Governor General (Resnmed Lands). in Council shall be read as a'fthe words Local Government wtwe substituted therefor.

In ~eotion21, clause Seuond, sdstitzcte Board.

Boards

"r*

V I I I The Bengal Patni Taluqs I n section 9, and in section 14, clause Second,for notes of the Bank of Bengal Regulation, 1819. awbstitwte ourrency notes.

I The Bengal Patni Taluqs I n eedion 2, for the general Regulations substitde Law.

Regulation, 1820.

IV

In'section 7, for by the Regulations substitute by law, and for the Regulations already in force substitute, the law for the time being in force. I n section 8, the words Governor General in Council, whwever they occur, shall be mad as i f t h e words Local Government were substituted therefor. I n section 8, olause Fifth, for by the Regulatjons substitute by the laws, amdfor to the Regulations substitute to law.

.

THl3 SEGOND, SCHEDULE-co~td. >

1

2

Year.

No.

4

S

Amendments.

Subject or short title.

Part I.--ReguZatioas of b l e Bemgal Code-contd. 111 Board of Revenue

. . I ntering the title, for the words from and alto the end, szlbstitclte of the Board of Revenue, and for controlling the distribution of powers between the members of the Board. I n seotion 4, olause First, for The said B w a s shall each of them substitute The Board of Revenue for the Lower Provinces of the Presidenoy of Fort William in Bengrtl shall.

I

I n section 6, clause First, for m of the said Boards substitncte the said soard.

VII Land-revenue Settlelnent

.

I n section 5, second proviso, and olauseSecond, for a Board substitute the Board. I n section 6, cJauses !Phi& and ~Sixth,for Boards substitute Board. I n section 2, olause Sixth, fm the words as aforesaid, where they Jirst occur, substitwte acknowledged as the proprietor or possessor of a ermanent interest in the mahal for whi& he hae engaged.

I n section 9, the words Gove~mor General in Coincil, whereyer they occur, shall be read ocs if the words Local Government were substituted therefor, and the words by an Order in Council slr dl be wad a8 if tho words by notifioation in the local efficial Gazetto wore substituted therefor. I n section 6, section 8, ohuse Second, section 7, olauee Z r s t , section 8, section 9, clauee Third, section 10, clauses First and Third, and sections 18, 17 and 32, the words Uovernor General in Council, wherever they oocur, shall be read as Zfthe words Local Government were substituikd therefor ; and in section 35, the words Governor General in Council, in the second place where they occuv, shall be read as if the words Looal Government were substituted #herefor.

T H E SECOND SCHEDULE-eoatd. 3

4

BubJeot or short title.

Amendments,

1

Year.

No.

P a r t I.-Regulations VII

Land-revenue ment-oontd.

of t i e Bellgal Code-contd. Settle-

I n seotion 9, olause Third, for* Boards substitute Board, andfor suoh a Board substitute that Board. I n section 10, olause Ninth, section 16, proviso, and section 32, for the word Boards, whereoer it occws, substitute Board. I n section 13, for Regulation substitute Iaw. I n seotion 20, olause First, the words the Government by an Order in Council shall be read as ifthe words the Looal Government by notification in the local official Gazette were substituted therefov, &he word he shall be vead as $'the word it were subtituted therefw, and the word Government shall be read as i f the words the Local aovernment were substituted theqfor. I n section 20, olause Second, the w0s.d~ Governor General in Counoil and the words Governor General shall be read as $ the words Local Government were substituted therefor, and the word8 by an Order in Counoil shall be read as if the W O ~ ?byS notification in the local offioial Gazette w m substituted therefor. I n section 23, clause First, for. other Regulation substitute other law. I n section 24, olause Second, for the ex. isting Regulations substitute apy other I n seotion 28, . f such ~ suits sJst3ute suits the cognizance of which is hereby vested in Collectow.

Land-revenue Settlement

In section 3, section 4, - section 6, clanse Zighth, section 6 and section 8, the words Governor General in Council, wherever they Occur, shall be read as i f the w o ~ d sLocal Government quare

THE SECOND SCHEDULE-coatd. I

1

Year.

4

3

2

.

No.

-

t3ubJeot or short tltle.

Amendments.

Part I.--Begulotio~zs of the Bercgal Code-contd. 1826

I X Land-revenue contd.

Settlement-

I n section 3, after Behar insert or. I n section 6, the words an Order in Council shall be read as .if the words notification in the local official Gaqette were substituted therefor. I n section 8,Jbr the words rules respectively substitute section.

IS

XI11 Land-revenue Settlement

II

s9

I n seotions 2 and 6, the words Governor General in Council, wherever they occur,shall be read as i f the wads Looal aovernment were substituted therefor. I n the first paragraph of section 2, the word he shall be read as if the word it were substituted therefw.

XIV Rvvenuenfiee Lands

.

I n seotion 3, for Regulations substitute law. I n section 1and section 3, clause .Fifth for Regulations V I I I and mbstitute Regulation. I n sections 2 and 3, the words Governor General in Counoil, wherever they occur, shall be read as 8 7 the wovds L w l Govehment were substituted t herefor. I n seotion 3, clause FifLB, the word his, where it last occurs, shall be read as if the word its were substituted therflor. I n section 6, for Revenue Boards substitute Board of Revenue, aad for these Boards substitute that Board.

1827

81

111 The Bengal Corruption and I n section 6, for a Court of Circuit or Extortion Regulation, the Nizamat Adalat srbstitute .the 1827. Court.

V The

Bengal Attached I n seotion 3, for several Regulations Estates Management substitute Regulation. Regulation, 1827.

i

1

2

s,

4

Subject or ehort title.

Amendments.

-

--

NO.

Year.

Part I.- Regzclatiol;ls of t h e BengaB Code-concld.

1

111 Land-revenue

Assessment I n section 10, clauses iYec&d and Fhipz for bards subslitate Board. (Resumed Lands)..

IV Land-revenue Settlement

,,

.

5

1833 G

,8

k

I n ' s ~ t i o n13, clause First, the tuo~da Governor General in Council and tfie word he shall be read as if the words Local Government and the word it were respectively substituted therefor. I n seation 2, clause Eou&, fop aforesaid substitate vested with the powers of s Collector.

I X hnd-revenue (Settlement I n the title, for Regulations [email protected] and-Deputy Collectors). Regulalion, and, in section 1, for thoee Regulation8 substitute that Regulation. I n sections 12 and 13, for Boar& substitute Board. I n section 16, the words Governor General i n Council shall be vead a s if the words Local Government were sabstitocted therefor.

P a r t II,-8cts 1836 =&->z

of tlie Goverltor General i n ~ ~ ~ c i l .

. . . TheCouncil w o ~ d s the Governor General i n by an Order in Council shall

XXI Districts ,

be read as the words the Local Government, withthe-previous ~anction of the Governor General in Council, by notification i n the local official Gazette, were suastitated therefor.

+.

t

1859

*,

. . . . . . In

X Rent

I n sections 136 and 151, fop Boards sabstitute Board.

X I Land-revenue Sales

section 29, after post bills inswt currency notes. I n section '32, for eection 25 sebstitute sectiox2 of the Bengal Land-revenue Sales Act, 1868.

4

I n section 33, for section 25 of this Act substitute section 2 of the Bengal Land-revenue Sales Act, 1868.

% ,

!

. . I nperintendent sections 2 and 18,fop the word8 Suof Marine, zu&e~ever they \

2,

X I 1 Calcutta Pilots-

1 .

occur, subslitate Port Officer.

.

,.

*

d

T H E ?3EGOND' S C H E D U L B - c o ~ t d .

year.

1

No.

/

Subjeot or shod title.

Part II.-Act*

. Amendments.

o f tAe Gove~aor.Gefleral in. Cozcacil-contd.

The Police Act, 1861

1

-

1

I n section 34, after im risonment inlzert with or withook hard ibour.

111 The Pnblio Gambling Aot, I n the title, for the Central Provinces and British Burma substitate and the 1867. Central Provinces.

(

I n the preamble, for of:the Chief Commissioner of the Central Provinoes and of the Chief Commissioner of British Burma, substikto and of the Chief Com. mimioner of the Central-Provinces. , I n aection 1,fop. tie:dejinitions of Lientenant-Governor and Chief Commiasioner aub~titute the following, namely :1L Lieutenant-Governor " means the Lieutenant-Governor of the United Provinces of Agra and Oudh or of the Punjab, as the case may be : " Chief Commissioner " means the Chief Commissioner of the Central Provinces or of the North-West Frontier Province, as the case may be.

I 1878

/

The Indian Chrfstian Mar- I n section 82, for certificates of marricages, md also for marriage cevtiriage Act, 1872. fipatea, slcbsttwte certificates for marrlage.

I

/

In Sohedulo 11,after deolarition insert or oath.

X I 1 Lawe, Punjab (Amending Act I n seation 2, f o 18 ~ aaljutitPCte 16. 1V of 1872).

XIV The Hackney Carriage Act, In section 3, for The Lieutenant-Gover1879.

nors of the North-western Provinces and the Punjab and the Chief Commissioners of Oudh, the Central Provinces, British Burma, su bsta'tube The Ideutenant-Governors of the United Provinces of Agra and Oudh, the Pnnjab and Burma, and the Chief Commissioner of the Central Provinces.

4

I

1

TH-E SECOND S C H E D U L E - c o ~ t d .

Subjeat or short title.

1

I

Amendments.

'

Part II.-TActs of dAe Gover~orGeneral i~ CozcsciZ-contd.

I

The General Clauses Aot,, I n section .3, after ckaase (44), iarert 1897-contd. thefoZZoununng :-

I I

(44a)

" Pnnjab

Act" shaIl mean a n Act made by the LieutenantGovernor of the Punjab i n Council under the Indian Councils Bots, 1861 and 1892 :

In ~ection3, Mter clause (55), i n e r t the following (55a)

:-

United Provinces Act " shall mean an Act made by the Lieutenant-Governor of th: North-Western Provinces and Oudh (or of the United Provinoes of Agra and Oudh) in Council under the Indian Councils Act, 1861, or the Indian Counoils Acts, 1861 and 1892 :,

I n section 20, before the word order, k eaoh qf the place8 ia which it occws, insert notification. I n section 21,for make substitute issue notifications, between the words any and orders insert notifications, and for made substitute issued. I n section 24, before the word order. in each of the places in, which it occurs, insert appointment, notification ; and before the word issued, k each of the places ia which it occwr~, insert made or.

v

The Code of Criminal Proce- I n sectidn 260, sub-seotion ( I ) , olause (i), dure, 1898. after 461 insert 463,464.

I

I

I n section 556 for 663 substit& 654. I n th6 second sohedule, oolumn 6, against section 195 for Bailable substitute Not bailable.

T H E SECOND 'SCHEDULE-colt$& 1

Yegr.

No.

Part II.-Aets 1898

8

4

Snbjeot or short title.

Amendments.

-2

of the Goverltor Geae~alk l t Coslteil-conold.

V The Code of Criminal Proae- I n the second schedule, column 8, against dure, 1898-contd.

section 606for Ditto substitute Presidenoy Magistrate or Mogistrabe of the &st or second class.

I n the heading to the fifth schedule, fopor 664 substitde 655. 3'

\

I? the fifth schedule, Form IV,for within days from this date substi. tute on the day of I n the fifth schedule, Forms XI11 rand X l V , for the passage from comply w b r e it occurs for the second time t o released, substitute be lawfully ordered to be released.

F 1900

I11 The Prisoners Aot, 1900

For section 29 substitute the following :

-

29. ( 1 ) The Goveimor General in Council may, by general or Removal of special order, provide for prisousrs. the removal of any prisoner confined in a prison(a) under sentence of death, or (6) under, or in lieu of, a sentence of imprisonment or tranaportation, or (c) i n default of payment of a fine, or

(d) in default of giving security for

keeping the peace or for main* taining good behaviour,

to any other prison i n British India. (2) The Local Government and (subjeot to its orders and under its control) the Inspector-General of Prisons may, in like manner, provide for the removal of any prisoner confined as aforesaid i n a rison in the Province to any ot%er prisan in the Province. D J

w -3

THE SECOND SCHEDULE-eolttd. 1

Year.

a

s

No.

Bubjeet or ehort title.

1-

I

Part III.-Beltgal

4

-

Amendments.

Act~.

f the Legal Praotitionerd Act, 1879. a1

Commissioners

of

the

section 33,for the Actioles of War.for

ction 96, for the words this Act, secoadplaoe in wlticli they occ stitule sections 64fand 67 to 70 Indian Penal Code end sections 3

n section 6, for the said recited A c ecsbstikte the Bengd Rent Act, 18 or the Bengal Rent Act, 1862. n section 9, for the said Act I1 of 1 subeiitzlte Ben. Aot I1 of 1866.

THE 8ECONP SCFI%DvLB-co~td. ---.

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-. ---- -

m-c

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-

.

-

-

--

4

3 -

-...

Subject or short title.

Amendments.

Part [email protected]~tg46 doh-contd The C~essA&, 1880

. . In'saotion 29, Bxamplq B, for rate substitate ratio.

Amendment of t b Calcutta I n the preamble, for the words and Tramways Act, 5880. figures situate within the local limits of the town as defined in the Calcutta Municipal C~nsplidqtionAct, 1876, substitute subject h the authority of the Corporation of Calcutta. I n section 3, for the words and $yurea in Calcutta, but situate be ond the loorl limits of the town as &fined in the Calcutta Rlhnicipal Consolidation Act, 1876, substitute in those portions of Calcutta, as defined in the Calcutta Municipal Act, 1899, which are not subject to the authority of the Corporation of I Calcutta, and for the words and Jigwee within the local limits of the town as , defined by the Calcutta Municipal Consolidation Act, 1876, substitute within I the wea subject to their authority. I n section 4, for the words and figures outside the limits of the town as defined by the Calcutta Municipal Consolidation Act, 1876, substitute outside the area subject to their authority.

I

131 The &engal Lgml Self- I n section 46,f o r such district substitute any district in which this Act is in force. Governmept Acf of 1885. In-the reference to section 9 of Fengal Aot I X of 1880 in the second Scbedule, fo~ 111sp+sfa't$e 109.

I

IV The Chittagong POI* Corn- I n section 39, clause (h), for 32 submissioners 4ct, 188T.

stjtute 34.

I1 Vaccination (amending Bcn- I n sections 2 and 3, after Suburbs iltssrt of Calcutta. gal A d V of 18SQ). The Calcutta Port Act, 1890. I n section 30, for the three next suoceeding sections and in section 34 for any of the three last preceding sections, substitute section 31, section 32 or section 33.

1

Year.

a

s

4

--dobjeot or short title.

No.

Amendments.

Pad In.-be figat Acts- concld.

IV Xunioipali$ies

1894

. .

I n section 34, for Municipality Munioip&lities..

substitute:

In section 26, btfore the word order, wherever. it occurs, k s e d the word

appointment, and before the word issued, wherevev it occurs, insert the words made or.

I

Part IT.-Barma 1898

.

.

I

Act.

The Burma 'General Clauses I n section 20, before the mom? order, in Act, 1898. each of the laoes i n whioh it occars, &lrsert noti2ation.

In section 21,for make substitds issue notifioations, betwees the oco~dsany and orders insert notifications, and for made arbstitute~issued.

I n section 2 4 before the word order, k eaoh o f the places in .which it occurs, b s e r t appointment, notification; alad B'efore the word issued, 9 each of-the places in whioh it occurs, insert,made or.

Part P.-RegaZation

made under tAe Goverltmeltt of bdia Act, 1870 (33 4 34 Pict., c..3).

'THETHIRD SCHEDULE.

Year.

(

I

NO.

8"bJe.l OF eborl title,

Part I.-Reguiatiolts

I

Extent of repeal.

of tHe Beltgal C o k .

V I I I The Bengal Decennial Settle- I n section 19, the words u.nd j?g~red as the mukarraridarsmentioned in eectiop ment Regulatitin, 1193. X V I I I are supposed to have done. Section 33.

-

I n section 66, the wards or the Courts of Cirouit.

I

S I X Revenue-free Lands (Non- Sections 25 and 35. Bddshirhi Grants).

XXXVII

I

I n aection 2, clause Seao+td, the words a d Jigolres and proceeded in it as required by section XIV, Regulation 111, 1793.

I

1

I

. I nwords the title, the words money or m d the embezzle or.

Sections 20 and 30. I n section 2, the words have been made The Indian Civil Service XXXVIII in opposition to the repeated prohibi(Bengal) Loans Prohibition tions of Government, or which. Regulation, 1793.

111 Nntive Revenue officers

I

I

I I

I n section 16, the words a balance of accounts, or money pr, the words the payment of the money or, the aordo the amount of the money or, the words money or, the words discharge the money or, the words the sum demanded of him shall be discharged or, m d the words from The Collector is authorized likewise to attach to arrears of revonue.

I In seotion 17, the wards money or. In section 18, the words money or, the words balance or, and the words that no part, or a portion only, of the suln demanded was due from htm, or.

I,

I

I

section 19.

T H E THZBB S C H E D U & E - c o a t d . 3

4

Snbjeot or short title.

Extant of repeal.

Part I.--Regulations

1 1 9

/

1

I11 Native cmtd.

.

..

, ,

o j tAe Bellgral Code-contd.

Revenue-officers-

I n section 20, tiie words alcd figures asid shall not obtain hie release i n the mode specified in section 19, and the word hevertheless.

e, Betlgii ~ ' i l l e .&h I a s&%i~2, #he @ordiririihder asiy .RePITb,'. '

.relbtive bo the jurisdiction of T+ih&ac,y B&lat
. .

:

I n seotion 8, the words when they are to proceed thereupon aocording t o the general Regulations. I n section 7, the words or, if the deceased were .an Ewro$Ban, in the Caloutta Gazette.

Ii!~ection8, dhe tbords and.ftgures from

and the p a h i r l acconnts furnished i n pnrsuance of clause Fourth of section LXII, Regulation VIII, 1793, to promrable by the officers of Government, the words and $gures in pursuance of clause Fourth of section LXII, Regulation VIII, 1792, or of any other Regulation, the w o ~ d sunder the procps prescribed in olause EigLth of the above twtion and Regulation, and the tuords amd ftq-uresfrom Moreover, nothing in this Regulation is meant to supersede the rules contained in section LXII, Regulation VIII, 1793, do the end of the section.

I n section 10, t b words Governor General in Council or. I n seotion 1, the words porn And whereas the principles t o confirmed. Se'ctiom 2 to 11. In section 31, the w o ~ d sand figures from and the rules contained in Regulation XXVlI, 1793, to the end.

.I

I

XNI Pblice, Cattack

. . . I nfortheamending title, the words and figures and certain p~ovisionscontained in Regulation IV, 1804.

1 1

1 year.

2

NO.

S

labjl*

8hil. tikle.

I

4

-

Extent of repeal.

Part I.- R$gr,?&ow8 of the Bestgal Code-contd. Police, Cuttack-contd.

.

I n section 1,the wordsfrom And wheroas it M s the pmotioe t o general tranquillity of the country.

In rjection 4, clauae 3?owth, the words and third.

I Sections 6, 8,1, 10 and 11.

'1 XIX

Chal-itable Endowments, IDthe title, the words mos nee, Hindu Public Buildings and Ps- temple6 alsd the words bAges, serais, cheats. kattras and other. In section 1,the words mosques, Hindu temples, the words pious and and the words bridges, serais, kattrats and other. I n section 2, the words mosques, Hindu

temples, the words ions and, and the words and Board o$ Commissioners in the several districts subject to the control of those Boards respedively. I n sections 3, 6, 6 and 8, the words and

Board of Commissioners. I n section 7, the words and Board of Commissioners, respeotively. In section 10, the wwds to whose authority those agents a;re respeotively subject. In seotion 14 the word8 or Board of Comm?ssioners. I n section 16, the words in the mode and form prescribed by the Re ulations, where Government or publio o&ets are parties, or under the eneral provisions of the Regulations, if $0 snit be bronght against a competitor or other private person.

V

Land-revenue Sales

.

. In section

26, the words and City.

I n sectioh 27, #Be t0Podr.d~or City.

THB THIRD. SCHEDVLB,dcolztd.

Pear.

No.

3

4,

Einbjeot or short title.

Extent of repeal.

PHE T&I&~)~ C f i ~ ~ ~ I i E - c o n ~ d . 1

B

8

4

Ysar.

No.

Subject or short title.

Extent of repeal.

zila of Bwdelkhand under the provisions of Regulation 11,1818.

instance by a Provincial ing cams ultimately app King in Council, tAc wo

1705, Regulations XXX

.

I

._I

1 $2

24

4&


~ubjeotor ~ h o r title. t

1825

Extent of repenl.

'(30de-m~td. Phi+?I;-&?ept&Ei.&~ts #& Bhg&% h sedti&'%, %Eb 5&ordbthe Limte~dntBIV Reve~ue-f#ea%afi$s~~'&%dt. Cove'r~~o* &a +%e Board of Commissioners in the Ceded and Conquered Provinces.

I n section 3, olanae Beaond, thb words and figure8 from the 1st July, 1775, to 1st November, 1'817. I n seotion 3, clause Ftpth, the a a ~ dand ~ $grave8 Regulation XLII, 1795, Regalation XXXVI, 1803, and, and the words andjignrveu from and with re. spect to the hrritor$ to territory referred to. I n section 3, clmse h'eventh, tAe words amd jigures from for Benares to 1st January, 1803, and the wo+ds and @ww fran for the pargana to 1st . ovember, 181g. I n section 4 the word8 and f i w e s Regulation XLI, 1785, ~ e g n t t i o n XYXI, 1803. , 1827

1828

Y

. Phe Bengal Atbaahad Estates M~ahagmenQ Regulation, 1827.

I n section 2, the word8 and figures and clauses five and six, section XVI, R e p latiou 111,1803.

Assessment I n the title, the wordsfrom the appoint$51 Land-revenue ment to for otherwise. (1tea;uwied baa&). I n aection 1, the words and figures from By the provisions of Regulation 11,1819, to To remedy the aforesaid evils, and the words jrom to appoint special Commissioners to relative to suoh cases, and. Seotions 2 to 8. I n section 10, clause Second, the word8 whether the same be situated in districts to which the jurisdiction of ca special Commissioner has been extended or in any other district, and the words or to the Commissioner appointed under this Regulation.

T H B THIRD S C H E D U L F - ~ O B ~ ~ . -

Year.

I

1

No.

1

Bnbject or short title.

Extent of repeal..

Part ~.-~egrlationrsof t i e B e ~ g a lCode-concld,

I

I

.

I X Lnnd-reveana (Settlement and I n the title,,and in seotion 1, the WOP& mdfigare* and Regulation IV of 1828. Deputy Colladms). Seotion 2 and the first sentence of seotion 3.

.I

I

( I n sections 8,24 and 26, the wont Sadr.

Part I1.-Act8 of t l e Governtor 6 e ~ e r a in l council. XXI

Dietriots

. .

.

words and t o 1 Theexisting zi~ae.

alter the limits of

The whole Aot, so far as i t applies t o the United Provinces of Agra and Oudh. hd-revenue Cuttack.

Settlement, So much as 5s unrepealed.

.1

I

1X Allnvion and Diluvion

I n seotion 4, the wovd Government.

I I l

I n sections 6 and 6, the word Sndr, where it occars before the w o ~ dBoard..

-In section 9, the words Except RR regard8 the proprietary right to islands.

1850

I

XXXIII

I

The Sale of Patni-tenures So much as is unrepealed. Act, 1850.

I

XTX The Recusant Witnesses Act, So much as is unrepealed, except so far as it is in force in Assam. 1863. XX Amendment of Bengnl Regu- The whole. lation X I I I of 1833 (Administration of parts of the Ramgarb Jungle Mahals and Midnapur districte).

I

. . .I

X X V I Education of male minors The whole. enbject to Court of Wards. X X X I I Embankment0

Xarntayb Tolls

.

.

I n section 21, the w o ~ d s f r o r nwor& importing the singulnr to females. In section 4, the words or other officer exeroising the powers of a Migistrate.

I

I

Subject or short title.

No.

Estent of repeal.

@oa1e$nar Gerberaltl [email protected] Coa~EiC-wntd. X X I Qffenaes, Bomrah , Z;[email protected]@n 64, tA? zaw4sfrm The pro-

P a ~ II.-&s t

@a

.

t1 I

II

I Ran$

XXXI AlluviaJ $pqd $pf,tJement X

. .

,

.I.

qlatons to Prowdad that.

Section 55. In section 67, the worqs Suburb or, 60th places in which they ocour.

in

Iq seption 59, the wwdu from words importing the singular to females. Section 8.

I

I n sections 3 and 16, the wmds and Benares.

I In motion 28, the words and figures

I

I

1

I

section X; ~e'&l,a.tion XLI, lk%, ~eotion VI, Regulation XXXI, 1803, section XXI, Bezulation BIII. 1805. m d the aoordifr&'If snob peiiod tothe m'ol.

ISection 29, the second paragraph.

I

I n section 32, the w o d s from For m~ea,ra to first expire.

I

In seotion 33, the word8 from or, in the case to first expire, and the w o ~ d s(except the case of claims now existing as

doreseiQ In section 163, the words Except as provi$,d in tho b t preceding seotion. l[n awtion lf?8?the w o r d s f ~ o mUnless to fe.malera. Land-revenue Sales

I

I

In uection 18, proviso, the words and i t ie hereby enwted.

1 In section 22, the words notea or.

XXXII The

Chief

Papers Act.

Commissioners I n the preamble, the words and British Burma. In section 1, the word+ or British Burma. 4

I I

1 t

.. .

. .

.

Repsat and #nzeadvnent,.

1903.1 i

.

-

THE THIRD SCHEDULE-conbd. - -- -

,-.

- "

1

a

Year.

No.

--

i -

3

4

Subject or sbort title.

Extent of jepeal.

Part II.-Act8

of: 6Ae Govemog Generaj iq Caqncil- cgntd.

The ~ h u k a nD q a r ~Act, 1869 So.mvoh as ig nqre]jealed,

XVI

X X V I I The Indi8n Penal C d e Se+o~ti. Amendmeat Act, 1870. The Bengal Sessions Courts So much as ia unrepealed. Act, 1871.

XIX

-.

X I V The Lunatic Soldiers' Pro- So puoh 8s is usrepealed. perty Aot, 1873. XV The Lawe Looal Extent Act, So much of seotious 6 and 7 and the fourth and fifth Schedules as rela,& to 1874. Aot XIX of 1863 (Racusmt Witaesses). So muoh of seotion 7 and the fifth S~.heduleas relates to Act X X I of 1836 (Creating Zilae). XVIII

The Oudh Laws Act, 1876

.

So much of section 3 and the seoond Schedule as relates to Act X I X of 1853 (Recusart Witnesses).

X I The Military Lunqtics Bet, In section 3, the words and has been ordered to be forwarded to any one of the Presidenay-towns.

1877.

I

X I 1 Laws, Pnnjab (amending Section 8. Act I V of 1872).

I V The Portuguese Treaty Aot, The whole.

isao.

X XVII XVIII IX I

I

The Coroners Aot, 1881

.

I n section 1, the words and shall oome into foroe on the p w i n g thereof.

The Portuguese Convention Tbe whole. Aot, 1881.

I

, '

The Burma Steam-boilers and I n seotion 18, the word thrioe and the w o ~ dlast. Prime-movers Act, 1882. The Excise and Sea Customs So much of sectiap 4 &s is unrepealed. Law Amendment Act, 1886.

Land-revenue, United Pro- The whole. vinces (ameqding Act XIX of 1873).

THE THIRD

-

SCHEDULE-~obta.

3

4

-

Extent of repeal.

~ubjector short title.

No,

Part 11.-Acts oftlie Bovernor Belzeral ilz Council-contd. I V I The Indian w useum Act, l887\ Section 4. The Presidency Small Cause I n the title and preamble, the words and Courts Law Amendment figures and the Presidency Small Cause Act, 1888. Courts Act, 1882. Section 2 and the second Schedule.

I

X V I I The Indiax Census Act, 1890.1 The whole. The Repealing and Amending I n the title, the words to repeal certain' obsolete enactments and and the word Act, 1891. other. I n the preamble, the w a r d ~ f ~ o W l j (h e r ~ a ~ it is expedient to repealed ; And, and the word also. I n section 1, the words Repealing and. Section 2, sub-sedioh (1). So muoh of aection 2, sub-section (a), and the second Schedule, Part I, as relates to the following enactments, namely :-

I

I

I

I: Section 3 and the firat Schedule.

Act V of 1869 (Indian Articles of War),Part I, clause (c) ; Act XVII of 1876 (Oudh Landrevenue Act, 1876) ;~ n d

-

I V m e ~ o d o Wards f Act @en-' I n section 1,the word and, and sub-seogal) Amendmeht Act, 1892. tion (2).

/

I1 The Porahat 'Estate Act, 1893 I n section 1, the word and, and eub.seotion (2). The Tributary 3Iahals of I n the preamble, the worde to repeal Orissa Aot, 1893. d a i n enactments relating t o the Tributary Mahals of Orissa and. I n section 1,the word and, and sub-section (3).

I

Section 2 andthe Schedule.

4

3

Bubjeot or short title.

Extent of repeal.

Part IX-Acts 1894 I

'

,,

1896

o f t&e Govermr Generat in Council-contd. I V The Repealing and Amending I n the title, the worda to repeal certain Act, 1884. obsolete enaotmenta and, and the word other. In the preamble, the wordsfrom Whereas it is expedient to repealed ; And, and the w o r d also. I n eection 1, the word8 Repealing and. Seotion 2, sub-section ( I ) , seotion 3 and the filat Sohedule. XI11 The Repealing and Amending I n eection 1,the words Repealing and. (Army) Act, 1894. Section 2, sub-section ( I ) , and the first Sohedule.

I The Presidenay Small Cause Section 4. Courts Aot, 1896. Aot, 1896. I n the preamble, the wordsfmm.Wlkqs it is expedient to repealed ; And, am? the word also.

Section 2, sub-section (1), section 3 and the first Schedule.

. 1886

So much of the second Sohedule as relatea to Bombay Act IV of 1882.

V I I The Presideno Small Came ~he'whole. Co&e Ad (1882) Amendment Aot, 1896.

I1 The Crim&al Tribes Aot I n eectiou 1, the word and, a d aub-secAmenhent Act, 1897.

0

0

.

.. .

. , ~ .

.

~

.

~

31epeil dad d m & ~ d n r b ~

50

~ O T ' E

T H E T H I R D SCHEDULE-contd. -.

I

3

4

3

**

NO.

Year.

Subjeot or short title.

Part 11.-Acts

V

Extent of repeal.

of the Governor General in ~ot6ncil-concld.

TPe Repealing and Amend- I n the preamble, the o~ordufrotnWhereas it is expedient to specifioally repealed ; ing Act, 1897-contct. And, and the word also w h e ~ ei t first occurs.

I

I

I n section 1, the w a d . Repealing and. Section 2, sub-section (I),seotion 3 and the first Schedule.

The General Clauses Act, Section 2 nnd the Sohedule. 1897. . X I The Bhopal Coinsge 1897. . .

Act, The whole.

111 The Lepers ~ c t 1898 ,

Section 19.

I

. .I

XI11 The Burma Lawe Act, 1898. I n the preamble, the word repeal.

ISection 18 and the fifth Schedule. I 111 / h e h e n e r s Act, 1900 . ( Sedon 31. I

Native M'ilitary Lunatics (re- The whole. peal U%enactmentri). The Repealing and Amend- I n the 'preamble, the w o ~ d fs ~ o mAnd whereas it is also ex edient that certain i n g Aob, 1901. enactments to repe&d.

I

1 I

In section 1,the worda Repaling and, Section 3, sub-section (2), seation 4 all-a the third Soheduk

Part 111.-Bengal Land-revenue Sales

Acts.

. . I ni tthe$rstpreamblej the word undet where occurs, and the wonda and farms where t h y $ ~ s t occur.

In section 2, the first two paragraphs.

Rent

I

I

. . . . Section 1.

I -

I n sections 2,3, 12, 1 4 and 16, the words hei~aftei-to be brought. I n seotion 8, the words instituted after the passing of this Act.

._

1

Year.

4

4

8

" NL

Subjeot oz short title.

Extent of repeal.

I n section 14, the words and J i g u r ~ s So much of seotion LXXI of Act X of 1869 as direots that no fee for any agent shall be charged as art of the costs of aoit in m y case un%or the Act is hereby repealed, I n section 17,the words hereafter to be institutd. aeoti.on S8, the i w d s after the date of the passing of this Act. I n section 21,the words except as regards suits instituted thereunder before the passing of this Act. I n Schedules A and By the word Company's, wherever it occuro. I n section 1, the words and Jiguras on and after the first day of July, 1884, and the words and fi ures on or after the said fist day of 1864, and.

JUG,

I Section 0. I n section 7, the words and Jigu?*esfi.om A11 penalties imposed to time bang. I n the preamble, the w d the, where it occurs before the word canals, amd the words specified in the Regulations and Acts in the Schedule to this Act snnexed.

II

I n section 1, the wardsfrom Words importing the singular do feminine.

i n neotion 2, the last thirty-four worda I n seotion 3, the m d s and Jigwes Act V I of 1867 (for the acqwieitioa of land for p b l i c pwrposes) or of, the word other, and ticB words that may now or hereafter be.

-

.

L

I

Sect m 17 and the Sohedde. "

E

S

THE THIRD SCHEDULE-codd.

Year.

I

1

No.

I

Bubjeot or short title.

I

I

.

Extent of repeal.

*

I

. .Acts-contd.

Part III.-Bengd 1864

VII

The Salt Acb 1864

Firs in Ports

.

Preyention of Inooulation

-I

I n section 3, the words the word Nagis. trate " shall mean any person exercising the full powers. of a Magistrate uiider the Code of Cnminal Prooedme, & the words from words importing the singular to feminine. Sections 36 and 38. I n section 40, the words and $ g s r mation 36 of.

.

I n section 4, as in force in Bengal, the w d s and to the recovery of fines.

.ISo f a as it ia arepealed.

I n section 4,the wor& m d $gums from beyond the town of Calcutta to said town.

I

I

Slaughter-houaes and Meat- I n the title and preamble, the w M in the Suburbs of Calcutta. markets.

Repovsry V I I I Rent tenures).

I n section 8, the words and $gures and the magisterial powers conferred upon the Mnnici a1 Commissioners by section V I of the 8 o v e Act shd1 be exercised by them for all the purposes of this Act.

(Under- In section 1,the second sentence.

--

I1 Caloutta Suburban Police

. Section 31.

I n section 61, the words fiom words importiig the singular to females. Section 62.

Counoil I n section 6, the words om words importing the singular to minine.

g

The Calcutta Police Act, 1866 I n section 3; t!e words from words importing the slngulrr to females. I n section I?, t&e words and gwes or with any of the offences numt?ered 1, 2, 3, 4 6.6, 7, Q, 10, 11, 12, 13314 20, 21, 22, 23,241 and 26 i n section 26 of this Act. Form B in the Schedule.

.

No.

Yea?. .

.

.

.

.

3

4

Snbjeot or short title.

Extent of repeaL

.

Part IU.-Belcgd Acts-contd.

: 1866

/

I11 I'

1

Embankments

.

.

I n seotion 10, the words from words in the singular to fewles.

I

In seotion 1,the words fvom words importing the masodine to the e d .

In sectiqn 14, the words a d $ g w e s f m m The provisione to shall apply to, the . w d s and penalties, the words in any tam or place other than the town of Caloutta ;and suoh fines, m d the words andjagwesflorn And the provisions to the end. I n seotion 16, the words from and after the passing of thii Aot, in both placer in which they oocw.

I11 Porta

. . .

Section 17. I n section 1, the ,words words importing the singular number inolude the plural, and words importing the plural number indude the singular.

In section 16, the words and hoepit81 port-dues, a& the w w d re~pectivel~. In seotion 17, the words from and the provisions, where $hey fir& occar, to the end.

I n the third Sohedule, the jgures 11, m d the worde from Hospital port. dues to the end.

1V Rents (Appeals).

.

The title and preamble. Beotions 2,3 and 4. I n section ti, the words From and after the passing of thie Bat.

X Land-revenue Cuttack.

Settlement, *he whole-

Extant of repeal.

Babjeot or short tltle.

Year.

Part HI.-Be~gal Acts-oontb Land-revenue Sales

'I

I

. .I I ndatesections 3 and 4, the w o ~ d sFrom the when t b i ~Rat ,oomqsinto operatipn. I n section 3, the wo9*ds from and the words to the end. Section 9 and Sohedulea A,,B, C and D.

1

?? Place o$.sitting of Courts of The whole.

1869

, 1871

8esaion.

I

1

. .I Section 1.

(

V I I Polioe

1V 'Ike Puri &otlging-house Aot, Insection I,the rovdl Prom and after the paaaing of this Act.

1871.

I n section 7, the words a f t e r the pass I ing of this Aot.

1 1 ' .

'I I

-

Section 99.

BIZ Caloutta Port Improvement The whole. ,(amending Ben. Aot V X I Census

,P

V The Bengal 1876. '

1*

So much as is unrepealed.

Survey Aot, In seotion I, the wordsflorn and shall to General.

1x1 The Bengal Irrigation Act, Section 2, and Schedule A.

la76

1878

The whole.

IV Realization of famine loans . The whole.

1875

P,

. . .

I Calcutta Suburban lolioe

1874

9)

.of -1870).

1876.

I

I

V I The Agrarian Disputes Act, The whole. 1816. V I I The Land Registration Act, I n section 1, the wordsflorn and it shall 18736. t o the em?.

V

Land Registration

. .

Section 2 and the Schedule. Section 2.

THE THIRD SCHEDULE-contd. . . . . . . -. .........."* 1

2

-

..........

...

3

.,

..............................

Year.

No.

6nbject or shod tit%.

...................

. . . .,..

"1

........................ 4 .

.

.

.

.

.

Extent of ieped. .

....................................

. . .

Pmt II1.-Be~gal Bets-coh td,

VII

\ Tha Bengal l x c b e Aot, 1 6 8 1 The oonaluding paragraph of section 3.

s in the I n section 61 the w ~ d except towa of ~ d o u t t a ,and the uropd.de sad jigwes and, ih the said town, the provisions of sections 164, 166 and 166 of the Presidenay Magistrates' Act.

The Uhota Nagpnr Landlord In section 1,the words and the Tributary and'Tenan2 Proaednre Aot. Mahals, and the word8 fpom And i t shall to tire end.

1 sections 3 -4

I

I

4.

I n sectioh 160, the m d 8 and fzgwes or of Bengal Act V I of 1876.

Puri Lodging-houses

. .

I n the preamble, the w w d s m d jigsres to places other than those speoified in section 39 of the said Aot. Section 1.

Steam-boilers bhd Prime- In the title and preamble, tire wopdu i n the town and suburbs of Calcutta and movers. in Howrah. I n seotion 1, the words from and it @hallto Qeneral. I n section 12, the words Porn No charge shall to Calsutta @ w t t ea n d

V I The Darjeeling Steam Tramway Aot.

I h section 1, the wor~?sj+omAnd t o the end.

it shall

In seotion 1, the w o r d ~ f i o r nand it shall

to th8 e d .

Seotion 2. In section 4, the wotds andJigures or in sechions 14, 16 and 18 of SengaI Act VIII of 1869.

THE THIRD SCHEDULE-contd, l 1

a

I

I

3

4

Subjeot or ehort title.

Extant of repeal, \

Part III.--Bengal Acts-contd.

1

I X The Court of Warde Act, I n section 2, the wwds m d P g w 8 s flom And A s d t s to me m d . 1818. I The Calcutta Tramways Act, I n section 1,the bordsfrom and it h a l l 1880. to the end.

I

I

V I The Bengal Drainage Act, I n section 1, the word8from and it shall 1880. to the end.

V I I I The Bengal Contagious Dis- I n section 1,the words j+om and it s h d eases (Animals) Act, 1880. to the end.

I

IX The Cess Act, 1880

. . I ntosection 1,the wordsflow and it shall the end.

V The Calcutta Burial B o m b I n section 1, the wordsflorn and it shall . to the end. Act, 1881.

11 The Bengal Embankment Itl section 1, the wordsfiom Bnd it shaU Act, 1882. to the end.

I

1

I Excise

.

,

. .

I n aection 2, the words From such day. I n section 48,the words after the commencement of thb Act. Seotion 13.

I11 The Bengal Tramways Aot, I n seotion 1, the w o r h f l o m It shall to 1883.

I

I Pmi Lodging-housen

. .I

the end.

Section 1.

I1 Amendment of the Calcutta I n section 1,the words from And it shaU Tramways Act, 1880.

I

to the end.

1

section 2. 111 The Bengal. Municipal Act, I n seetion 1, the wo~.dsJ).omBut any 1884.

notification to the end.

I n section 2, the words On the commencement of this Act, and the words And all proceedings now pending, which may have been commenced under any such enactment, &all be deemed to be commenced under thii Act.

THE THIRD SCHEDULE-ronid.' B

.

8

4

Bubjeot or short title.

Extent of repeal.

Part I1I.-Beltgad V I Caloutta Munioipality I Village Chaukidar~

Acta-contd, The whole.

I

. .I . . II

1

I

I n section 1, the wwdr from froin the date to the end.

I1 Calcutta and Suburban Polioe Section 1. I The Calcntts Survey Aot. I n section 1, the words from and shall 1887. to General.

I

I

V phe Chota Nagpur Rural In -seotion 1, the words from and shall to General. PoliaAcL, 1887. I

In eection 38, the nao~dsand f i g w ~ sfrom Act VIII to repealed and.

I 111 The

1 Munioipalitie8

I

. . .I

The whole.

I

Howrah Bridge Aot In seation 2, tho wards from and it ahall Amendment Aot, 1888. to the end.

I11 Loan by Ca!ontta"Port Corn- The whole. missioners to Caloutb Corporation.

.1

I

IV Caloutta Burial Boarde' Seotion L I Caloutta and Suburban Police Sections 1and 3.

I

(Superannuation Fund).

I1 Vacoination (amending Ben- Section I. gal Aot V of 1880).

1

1

Seotion 4, sub-aeotion (3).

I

I1 The Caloutta Haokney Car. Seotion 1, eub-motion (2). rlage Act, 1891. Village Chaukidars

. .

Seotion 2, sub-seotion (1), and motions 6 and 12.

I The Licensed Warehouse and Seotion 1, sub-section (3). Pire-brigade Act, 1893.

In eection 4, the word8 From and after the oommencement of this A d .

4 .

.

..

~

Subjeot or ehort title. ....................

,

$%tent of repeal.

,

......

...-...

. . . . . . .

".

-.

1803. ,

1894 .

t

. :

.

.

*

9

I

1

I

,

.

I The Licsnasd ~ a r e h o u i eand in motion 1, th; Pire-briga4e A.mendment the e d . Act, 1894. . - . . . . . &ctio!g 4 ,e.ng 6. .

*

I

force.

I

I1 Caloutta Pod

,

.

.

. 1

.

,.

section 1, 111 The Calcutta Tramways Act, I n action 1. the word8from and i t aha:: I . 1894. to the end.

I

Iv

I

Municipalities

.

. I ntoeectioa 1, the words from and it ehall the end. Sections 6,9,46,61,77,83 and 89.

t

-mewhole,

o

The Poblio Demands Re- Section lasub-sectioa (3). oovery Act, 1895. st

1

1

I

11 ~ a l c n t t aand Suburban police Section 1. Section 1,subsection (21, and sectioils A

. . . Section 1, sub-section (2). I n eectio~9, the words and ,figures ae amended by section 4 of Act I V (B. C.) of 1896. I n aeotion 6, tWe word8 and Jigures as amended b section 14 of Act IV of 1896 (B. c.{

The Bhutan Duars Repealing Act, 1895.

I

I n section 6, the words and fi urea ae of 1896 amended by se~tion16 of Act (B. C.).

&

TBP THIRD SCHEDULE-contd.

Year.

I

No.

1

Bubjeot or short title.

I

Part 116.-Beagal

Acts-cobold.

The Bengal Sanitar~nPraia. age Aot, 1896.

I

Extent ofyepeal.

Section 1, spb-seoti~n(3).

The Caloutta Eleotric Light- BwAtion-1,sub-seotion (a). ing Act, 1896.

I1 Municipa&ties

. .

Seotiod 2, seotion ,9, bub-section motion 19,

(4, aad

Seofione 1and 3. I I I V The ChotaNagpur Commnta-

I Publio Demands Reoovery ,

* lBg8(

I

tion Act, 1807; I The Calcutta Police Act, Inssection 1, the w d and, and sub-seo11898. t ~ o n(2). The Calcutta Port XAmend- I n aeotion 1,the word and, and sub-seo. tion (2). ment) Act, 1898. 'JChe Bengal Tenanoy (Amend- In?eotion 1, the word and, and sub-seamept) Aot, 1898. tlon (2). Section 11. I Bengal Geheral Clauses Section 2. A06.1899. 111 The Calautta &lnnioipal Act, I n section 1, the wwds and figures and (3) I t shall come int:, force on the first 1899. day of ~ p t i l ,1900. The proviso to seotion 1. I n aection 2, the words a d figguves On and from the said Brut day of April, 1900. Section 80, sub-eeotio~(1).

1

I8991

The Darjeeling Municipal I n the preamble, the word8 and to proAct, 1900. vide for the temporary exercise by the Local Government of certain powers of the Commissionere of the Darjeeling Municipality. Section 29. Part 11(sections 24 to 28). Schedules E, F and G.

1

I

I1 The Calcutta Municipal Act, The whole. 1900.

4

3

Extent of repeal.

Year.

-1

Part IP.- Madras Acta.

I

1880

I1 Repealing Madras Act I11of The whole. 1863.

1881

I1 Repealing Yadraa Aot I of The whole. 1868.

1882

I1 Repealing Yadrae Regulation The whole. X I V of 1816.

(

Part Pi-Bombay Acta. 1872 I

I 1 Police, Bombay Town

1878

I \ District lunicipalitiea

,, 1882

1

II

I

(

11 Polioe, Bombay Town IV

1

Police, Bombay Town

.

( So muoh as is unrepealeil.

.I . .1 . .(

So far ae it

ig

onrepededi

The whole. The whole.

Looal Boards and District In the title, the words and figure8 and Municipalities. the Bombay District Municipal A O ~ Amendment Aot, 1884.

I

Section 6 and the preamble thereto.

Looal Boards and Distriot I n the title and preamble the words a& j g w e s and the Bombay District Mnnioipalities. Municipal Aot Amendment Act, 1888 I n section 1, the w o r k amd jigures and to section 18 of the Bombay Die. trict. llnuicipal Act Amendment Aot, 1880

.I

The Bombay Abk6ri Act, Seotion 6. Amendment Act, 1892.

Part .PI.-U~ited Proaiaces Act. I l

8

I

Repealing the Tarai Regu- The whole. lation, 1876. .

Part PII.-ReguZatiorts

1871

made wader t&e Governmeat of India Act, 1870 (33 9.34 Pict., c. 3).

I

I Peshawar District Limitation The whole. Regulation, 1871.

I

1

3

2

Eiabjeot or EhOrt title.

v t

I

a Extent of repeal.

t

Pmt 711.-RegaZations

made aader the

Gove~nmntpt India Act,

1870 (33 9.34 rkct.,C. 3)-contd.

187a

I'

111

yhe sont.h~lParganns Settle- So muoh of seotion 3, sub-seotion ( I ) ,and the sohedble (as amended by section 3 ment Regnletion. of the Sonth61 Parganns Ju~tioeand L a m Regulation, 1899) as relates to the following enaotments, namely :Aot XXXVIII of 1850 (The Sale of Patni Tenures Aot, 1850) ; Aot XV of 1869 (The Priionere Testimony Aot, 1869) ; Act I of 1882 (The Aesam Labour and Emigration Aot, 1882) ; Act I X of 1882 (The Prisonere Aot Amendment Aot, 1882J ; Aot V of 1888 (The Inventions and Designs Aot, 1888), seotion 2 ; Act V I I of 1893 (The Inland Emigration Aot, 1893) ;

,%

A& VII of 1894 [The Prisonera Aot (1871) Amendment Aot, 18941 ; Bengal Act I of 1889 (The Inland Emigrants' Health Aot, 1889) ; Bengal Aot V I of 1894 (Nnnioipalitiea) g

,

Bengal Aot V of 1895 (The Lepers Aot, 1895) ;and Regulation I11 of 1886 (The Sonthln Parganae LawsRegdalion, 1886). I n seotion 25 the words if any suit affecting snoh rights be p e n d i ~ gat the time when this Regulation shall oome into operation, or. 1879 1874

a1 Eastern Frontier Re- I n the preamble, tL g a t i o n , 1873. gong Bills.

V Ben

WOP&

and Chitta-

of seotion 3 and the Schedule IX The Arakan Hill Dintriot Sons muoh relates to Aot XXXIV of 1866 (EnLaws Regulation, 1874,

forcement of judgments of Charter Courts) and Aot XXXII of 1867 (The Chief Commissimers' Powers Aot).

2hp&tka

62

[am

d ~adbdmon t.

- ,

I-

T H E THIRD SCHEDULE-oost&.

Subject or short tltle.

*No.

Year.

4

S

1 -

Extent of repeal.

Part 721.-Regirlatiacns made a n k r tlle dovernnamt of 2 d i a Act, 1870 (33 8 34 Pici?., c. 3 )-contd. I11 The ChiMagong Hill T~acts I n section 1, the tuordeflom and it shall Frontier Poliae Regulat,ion, to the dlzd. 1881.

1881

lB8&

I I

I1 The EbntbtlI Parganae Rent The preamble to made an& Regdation, 1886. Seotion 1,sub-seotion (2), and motion 6.

I 1

In section 22, sub-eeotion (I), the word8 alzd $guves under Bengal Aat V I I of 1880. The Sonthdt Parganaa h Regulation, 1886.

I

e So muoh ss fs unrepealed. -

V I I The Uppef Burma Criminal Jnstice Regulat%ion,1886.

I I

lsg0

I The British Balnchistan So much of sootion 3, sub-seotion (I), and the sohedule as relates to Aot Laws Regulation, 2890. XIV of 1873 (Lunatic Soldiers). Criminal Burma.

Justice,

I.

Upper The whole.

The So tb&l Parganaa Jus- Seation 2. tiae ~ t ~ u l a t i o1893. n, The Ajmer Repealing and I n the title, the word8 to repe~loertain Amending Regulatioa, 1893 obsolete ensotments and, and the woP;d other. I n the yeamble, the wwds f ~ m Whereee it s expedfenent to repealed; And, and the word also. I n seotiou 1,the word8 Repealing and. Section 2, sub-seotron (I), section 3 and the first Schedule.

T H E T H I R D SCHEDULE-coltcld.

Year.

(

No.

1

Sobjeat or short title.

I

Extent of wpeal.

Part PII.-RegwZatioas made wader the Governrneltt o f India Act, 1870 (33 Lj 34 Fict, s. 3 )-concld. I The Angul District Regula- 80 much of seotion 3, sub-section ( I ) , and the schedule as relates to the tion, 1894. following Aots, namely :Aot XIV of 1866 (Post Office) ; Act I of 1868 (General Clauses) ; Act xv of 1869 (Prisoners' Testimony); Act X of 1870 (Lanq Acquisition) ; Act XXVI of 1870 (Prisons) ; Aot I of 1879 (Stamps) ; Act X of 1882 (Criminal Proaednre) ; Act X V I I I of 1883 (Cattle-trespass) ; Act I of 1887 (General Clauses) ; t Act XI1 of 1890 (TariE) ; Bengal Aot I1 of 1864 (Jails) ; and Bengal Act V of 1867 (General Clanses).

I

I /

I 1899

(

I n seotion 3, snb-seotiou (2), the words or tp have' been, the words shall have been expressly extended thereto or, a d the word so. section 3, sub-mation (a), proviso. I n column 1 of Part I1 of the schedule, in the entry relating to Act X of 1873 (Oaths), the words and Sgwres (except the first ~entenceof section 16).

(

1x1 The Sonthlll Par anas JustIce and Laws Regu ation, 1899.

Pi

the word and, and sub-

The Chittagong Hill Traots Section 20. Regulation, 1900. The .Sonth&l Parganas Rural I n section 1, the lao~dsand figure aud (3) It shall aome into force at once. Police Hegulation, 1900,

I 1 VII

1901

The North-West Frontier 80 much of Part I of the First Schedule as r e l ~ t e sto seotion 31 of the Prisoners Province Law and Justice Act, 1900. Regulation, 1901.

Act to amend the.Indian P o ~ tOffice Act, WEEREAB it is expedient to amend the Indian Post Office Act, 1898 ; It is hereby enacted as VI of 189

CONTENTS. PART I.

PRETJMINARY. SEOTIONS. 1. Short title, extent and oommencement. 2. Detinibione.

PART 11.

t

SUPPLYOP ENERGY TO THE PUBLIC). S. Supply of energy for traction or to the publio for any purpose to be liceneed. 4. Grant and revocation of licensee. 5. Provisions where license of licensee, not being a local authority, is revoked. 6. Provisions where license of local authority is revoked. 7. Purchase of undertaking. 8 Provisions where no purchase and license revoked with aonsent of licensee. 9. Liceneee not to purchase, or associate himself with, other licensed undertakings or transfer his undertaking. 10. General power for Looal Government to vary terms of purchase. 1.1. Annual accounts of licensee. 12. Provisions as to the opening and breaking up of streeta, railways and tramways. 13. Notice of new works. 14. Alteration of pipes or wires. 16. Laying of electlic supply-lines or other works near sewers, pipes or other eleotric supply-lines or works. 16. Streets, railways, tramways, sewers, drains or tunnels broken up to be reinstated without delay. 17. ACrial lines. 18. Compensation for damage. 19. Power for licensee to'enter premises for asaertaining energy consumed, or to remove fittings, or other apparatus of licensee. 30, Restriotion8

.SEOTIONS. 20. Restrictions on licensee's controlling or- interfering b?kh .tine of ehetgy. 21. Obligation on licensee to supply energy. 22. Maximum electrical $bW'er. 23. Charges for energy to be made without undue preference. 24. Discontinuance of supily to consumer neglecting t o pay charge. 26. Exemption of electrib supply-lines or other apparatus from attachment in certain cases. 26. Protection of railways and canals, dooks, wharves and piers. 27. Protection of telegraphic, telepho~io and electric~signalling lines. 118. Notice of and inquiry into accidents. 29, Power for Local Governmetit to interfere in certain cases of default by licensee. SO. Meters.

PART 111.

31. Use of energy not supplied under Part I F to 1Je subjeot t o rules.

PART IV, O EN~IRAL. 8%. Advisory Boards. 83. Power for Goyernment t o make [email protected] . 84. Further provisions re~pefitiug files. -

.

..

86. Exercise in-certain [email protected] poweks bf %eregfaph-author-

ity. 36. Arbitration. 87. Servicsof notices, orders by documents. 99. Recovery oi suml recoverable . hndek cert'aih provisions of Act. 39. Penalties. 40. Functions of Local Government under P h v t 11 i n certain places to be performed by Goverhor Gelieral in Council. 41. Protection for_?cts done in good Patth. 4%. Repeals and savings. THE SCHEDULE.

P R ~ V I & O N S TO BE DPIEMED TO BB INUORPORATED WITH, A N D TO FORM PART OF, BV-ERP LICBNSI GRAXTED UNDYB 11,

PART

8ecarity and accounts. CLAUSES. I, Security for execution of works of li6elisee dtit being local authority, 11. Audit of accounts of lioensee not being local autbority. 111. separate accounts.

Natrre altd m o k of s q p l y . IV. Systems of supply. V. Provisions as to eleotrio railways and tra&wsya. VI. Power of Local Qovernrnellt t d order licenae to Fay down distributing mains.

VII. Provisions a s to laying electric supply-lines under speoial agreement.

VIII. Provisions as to laying down of further distributing mains. IX. Requisition for supply t o ownerrr or occupiers in vicinity. X. Supply for publio lamps.

-

XI, Methods of charging. XII. Maximum charges. XIII. Charge for supply for publia lamps. Testhg altd kspectiolt. XIV. Licensee t o establish testing station ?and keep instruments for testing. XV. Licensee to give faoilities for testing. XVI. Representation of licensee a t testing#. XVII. Testing of mains.

Plans. XVIJ.1. Plan of area of supply t o be made and kept onm for inspection.

Additio~alaoldee o f ce~tailzworka.

XIX. Notice to Xleotrio Inspeotcr 3

2

ACT NO.nr O F 1903. P a s s n ~BY

COUNCIL. .(Received the assect .of the Governor Genera2 on the 13th March, 1903,) THE G ~ ~ E R N OGNNBBIBBL B .OF INDIA IN

An Act to make better provision for facilitating and regulating the supply and use of . electrical energy for lighting and other purposes.

PRELIMINARY. 1. (1) TbisAct may be called the Indian Elestricity Act, 1903. (2) I t extends to the whole of British India, inclusive of British Baluchistan and the Santhal Parganas ;and (3) It shall come into force on such date .as the Governor General in Courioil may, by. notification in the Gazetteof India, direot in this.behalf. B

abort title, extent and commencement.

.

pugnant in the subject or context,-(a) " agrial line " means any electric supply-line whioh is placed above ground and i n the open air : ( b ) the expression "area ,of supply" means the area within which alone a licensee is for the time being authorized to supply energy :

'

..

1903.1

-

Electricity. (Part I.-Preliminary .-Sectim

69'

.

2.)

(c) "consumer" means any person supplied, or

entitled to be supplied, with energy by a licensee : (&) the expression " co~sumerYs terminals " means the ends of the electric lines situate upon any consumer's premises and belonging to him, a t which the supply of energy is delivered from the service lines : (e) '$daily fine" means a fine for each day on which an offence is' continued a£ter conviotion therefor : ( f ) ' 6 distributing main " means the portion of any main which is used for transmitting energy to service lines for the purposes of general supply : ( g ) 6' electric supply-line " means a wire, conductor or other means used for convey ing, transmitting or distributing energy for any purpose, together with any casing, coating, covering, tube, pipe or insulator enclosing, surrounding or supporting the same or any part thereof or any apparatus connected therewith for the purpose of so conveying, transmitting or distributing such energy; (h) a eleotrical power " means the rate per unit of time a t which energy is supplied : ( i ) "energy" means electrical energy expended a t a rate greater than twenty-five watts : 0) general supply " means the general supply of energy to ordinary consumers, and includes, in the absence of a special agreement to the contrary with the Government or with a local authority, the general supply of energy for public lamps, but does not include the supply of energy to particular consumers under special agreements : . (b) licensee " means any person licensed under Part I1 to supply energy : (I) " mainss

70 ( B s ~IL-Nzcpply t

~ t k crlciiy. t [ACT IIX of Bnergy t o the 3zlblic.-Sec-

tioa 3,) (2)

(m) (H) (0)

( p)

(p)

" means any eleotric supply -line which is laid by a licensee in any street and through which energy may be supplied, or is intended to be supplied, by the licensee for the purpose of general supply : s t plan " includes a section : purpose " includes any purpose exoept the transmission of a message : service line " means any electric supply-line through which energy ^may be supplied, or is Sntended to be supplied, by a liuensee to a consumer either from a main or directly from the licensee's premises : street " includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare or not, over which the publio have a right of way, and also the roadway and footway over any public bridge or causeway : and the expression cc works'' includes electric supply-lines cand any buildings, machinery or apparatus required to supply energy and to carry into effect the objects of a licensee.

cc main

-

PART 11. supp11 of or to thepublio for an ~ r ko iiceoaed.

Onerg' traction

to

3. (I) No pewon shall supply energy far electric traction or to the pqblio for any purpose exoept under, and in accardance with the terms and conditions of, a license ~ ~granted ~ by e the Local Government under this

,--, -

E'rovided that nothing in this section shall apply to any railway or tramway subjeot to the provisions of the Indian Railways Act, 1890. (2) Where any difference or dispute arises as to whether energy is or is not supplied or to be supplied for

IX of

effegt, namely :-

(b) Any person applying tor a lioense usder this Part shall publish a notice of his application in such manner and with' suoh parti-

( P a r t 11.-XzcppZy

of

Eraergy to the PprbZio.-Sec-

ti0~ 4.)

(c) No application for a license under this Part

shall be made by any local authority except in pursuanoe of a resolution passed at a meeting of euoh authority held after one month's previous notice of the same and of the purpose thereof has been given in the manner in which notices of meetings of such local authority are usually given.

(d) A license under this Part may prescribe such terms as to the limitu within which, and the conditions under which, the supply of energy is to be oompulsory or permissive, and as to the limita of price to be charged in respect of the supply of energy, and generally as to such other matters as the Local Government may think fit. (e) The grant of a license under this Part for soy purpose shall not in any way hinder or restrict the grant of another license to another person within the same axea of supply for a like purpose.

(f) The provisions contained in the Schedule shall be deemed to be incorporated with, and to form part of, every license granted under this Part, save in so far as they are expressly added to, varied or excepted by the license, and shall, subject to sucb additions, variations or exceptions (if any) which the Local Government, with the previous sanction of the Governor General in Council, is hereby empowered to make, apply to the undertaking authorized by the license, and shall be binding i n like manner and to the same extent as if enacted in this Act. (2) The Local Government may, if in its opinion tlre public interest so requires, revoke a license, as to tho

(Part IT.-Buppby

I

of E ~ e r g yto- the PzcEZic.-Xection 4.)

the whole or any part of the area of supply, in any of the following cases, namely :( a ) where the licensee, in the opinion of the. Looal Government, makes wilful and unreasonably prolonged default in doing any thing required of him by or under this Act ; ( b ) where the licensee breaks any of the terms or conditions of his liuense the breach of which is expressly declared by such lioense to render it liable to revocation ; ( 0 ) where the licensee not being a local authority fails, within a period of six months after the date of his license or sucb further period as the Looal Government may determine and before exercising any of the powers conferred on him thereby in relation to the execution of works, to show, to the satisfaction of the Local Government, that he is in a position fully and effioiently to discharge the duties and obligations imposed on him by his license, or fails to make the deposit or furnish the security required by his license ; (d) where the licensee is, in the opinion of the Local Government, unable, by reason of his insolvency, fully and efficiently to discharge the duties and obligations imposed on him by his license ; (e) where the licensee, not being a local authority, shows, to the satisfaction of the Local Government, a t any time after the commencement of his license, that his undertaking cannot be carried on with profit and ought to be abandoned ; ( f ) where the licensee supplies energy by means of some system not approved by the Local Government ; ( 9 ) in

-

(g) in Qny other case, with the copsent of the licensee and, if the licensee is not a local a u t h ~ r i t y , with. that of .the local guthority (if any) concerned, and upon 8u0h terms and conditions as it t,hinks just : Provided that the Local - Government shall not

of the revocation upon the licensee and upon any looal authority ooncerned, .and shall in the notice fix a date on which tht: revocation shall take effect, and on and with effect from that date all the powers and' liabilities of the lioensee under this Act shall absolutely cease and determine. ( b ) W.ithin one month after the service of such notice as aforesaid any local authority concerned may, if the Local Government has intimatedto the local authority that it is a t liberty so to do, by notice in writing, require the licensee to sell, and thereupon tbe licensee shall sell, to the local authority the under-taking or such part thereof as is carried on within the area for

(Part 1.7.-ISzrpply

.

7

9

of Efiergy t o the P u b l l ~ . - - S e c - ~ tiova 6.)

which it is constituted, on payment of the value of all lands, buildings, works, materials and plant of the licensee suitable to, and nsed by him for, the purpose of the undertaking or such part thereof as aforesaid, such value to be, in case of difference or dispute, determined by arbitration : Provided that the value of such lands, buildings, works, materials and plant shall be deemed to be their fair market-value a t the time of purchase, due regard being had to the nature and condition for the time being of such lands, buildings, works, materials and plant, and t o the state of repair thereof, and to the circumstanoe that they are in such a position as to be ready for immediate working, and to the suitability of the same for the purposes of the undertaking, and, where a part only of the undertaking is purohased, to any loss occasioned by severance, but without any addition in respect of compulsory purchase or of good will or of any profits which may be or might h a m been made from the undertaking, or of any similar oonsiderations. (c) Where no purchase has been effected by a local authority under olause ( b ) , and any other person is willing to purchase the undertaking or such part of it as aforesaid, the Local Government may, if it thinks fit, with the consent of the licensee, or without the consent of the licensee in case the price is not less than that for which the local authority might have purchased the same, require the licensee to sell, and thereupon the licensee shall sell, to such other person the undertaking or such part thereof as

T

1

( d ) Where

.

'

fixed in the notice issued under clause ( a ) , the purchaser may, with the previous sanction of the Local Government, work the undertaking or such part thereof - pending the completion of the sale. 6. Where the - Local Government revokes the Provisions license of a local authority as to the whole or any part of the area of supply, it may forthwith cause the authority i works of the licensee to be"removed and the street to revokedbe reinstated, and recover the cost of suoh removal and reinstatement from the licensee.

:'f:tay

further operation. (3) Where, in exercise of the. option conferred by sub-section ( I ) , a local authority has elected to purchase the portion of the undertaking which is within the area for which it i s constituted, the Local Government shall have the like option .upon the like terms and conditions in respect to any portion of the undertaking which is without such area.

(4) Not less than twelve months' notice in writing of any eleotioa to purchase under thi4 section shall be served upon the lioensee by the local authority or the Local Government, as the case may be. (6) Notwithstanding anything hereinbefore cohtained, the local authority may, with the previous sanction of the Looal Government, waive its option of purchase and enter into an agreement with the lioensee for the working by him of the undertaking, or such portion thereof as is in the arba for which such authority is constituted, until the expiration of tbe next subsequent period referred to in sub-section ( I ) ,upon such terms and oonditions as may be stated in such agreement. 8. Where, on the expiration of any of the periods Provisions where no referred to in section 7, sub-section ( I ) , neither the purch~~se aud local authority nor the Local Government purohases license re. voked with the undertaking or any portion thereof, and the ConsR"t license is, with the oonsent of the licensee, revoked, lioensee. the licensee shall have the option of disposing of all lands, buildings, works, materials and plant belonging to the undertaking in suoh manner as he may think fit : Provided that, if the lioensee does not exercise such option within a period of six months, the Local Go~ernmentmay proceed to take action as provided in section ti, clause (f ) 9. ( I ) The licensee shall not, at any time without Lioeneee not t o purohasos the previous consent in writing of the Local Governor associate himself with, ment, acquire, by purchase or otherwise, the under0the1, taking of, or associate himself with, any person suplicensed under,aki rigs plying, or intending to supply, energy under any or transfer other license, and, before applying for suoh consent, his 'lnderthe licensee shall give not less than one month's notice taking. of the applioation to every local authority, both in the licensee's area of eupply, and also in the area or district in which sucb other person supplies, or intends to supply, energy.

.

-

,

,

(2):.The licensee shall not at any time transfer his undertt-iking, or any part thereof, by sale, mortgage, lease, exchange or "otherwise without the previous

(d) repair, alter or remove the same ;and

.

(e) do all other acts necessary for the due supply of energy within the area of,supply. (2) Nothing contained in sub-section (1)shall be deemed to authorize or empower a licensee, without the consent of the local authority or of the owner and occupier concerned, as the oase may be, .to lay down or place any electric supply-line or other work in, through or against any building, or on, over or under any land not dedicated to public use whereon, whereover or whereunder any electric supply-line or work has not already been.law£ully laid down or placed by such licensee :

( 4 ) Nothing contained in sub-section (1)shafl be deemed to authorize or empower any licensee to open or break up any street. not repairable by a local authority, or any railway or tramway, without of the person by whom the same is repairthe able, unless with the written conaent of the Local Government : Provided #that the Local Government shall not

-

.

.

.

.

(a) Not less than one month before comrnenoing the execution of the works (not being, a house-service or the repair, renewal or amendment of existing works of which the character or position is not t o be altered), t h e licensee shall serve upon the person or authority responsible for the repair of t h e street or part of a street (hereinafter in this section referred to as s'.the repairing authority ") or upon theperson o r authority for the time being entitledto work the railway, tramway, oanal or waterway (hereinafter in this,seotion referred t o as the owner "), as the case may be, a notice in writing describing the proposed 'works, together. with a detailed plan 'thereof, on- a scale whicli aliall not b e smaller than .

,

.

:

time give suoh further informabion in relation thereto as may be desired. (b) If the repairing autho~ityintimates to the . licensee that it didappmves of suah borks or plan, or approves thereof subject to amendment, thevlickidsee riiay, .within one week .of receiving such int'im~tlon,appeal to the Local Govmnment, whose decision, after considering the reasons given by the repairing authority for its action, shall be final. . ( B ) If the repairing a i t h o r i t ~fails to give notice in writing of -its approval or disapproval , to the licensee within one month, it shall be deemed to have approved of the works and plan, and the licensee, after giving not lessthan forty-eight hours' notice in writing to the repairing authority, may proceed to carry out the works in accordanoe with the notice and plan served under clause (a), (cl) I'f the owner disapproves of such works or plan, or approves thereof subject to amendment, he may, within three weeks after the servioe of the notice under clause (a), serve a requisition upon, the licensee demanding that any question ih relation to the works, or to compensation, or to his obligations to others in respeot thereof, shall be determined by arbitration, and thereupon the matter shall, unless settled by agreement, be determined by arbitration. (e) Where no requisition has been served by the owner upon the lioensee under alause (d), the owner shall be deemed to have approvg of the works and plan, and in that case, or where after a requisition ,

.

tion for. arbitration the matter has been determ.ined by arbitration, the works may, upon payment or securing of compensation, be executed according to the notice and plan, subject to such modifications as may have been determined by arbitration or agreed upon between the parties. (f)Where the works to be executed consist of the repair, renewal or amendment of existing works of which the charaoter or position is not to be altered, the licensee shall, except in cases of emergency, give to the repairing authority, or to the owner, as the case may be, not less than fortyeight hours' notice in writing of his inI tention to execute such works, and, on the expiry of such notice, such works shall be commenced forthwith and .shall be carried on with all reasonable despatch, and, if possible, both by day and by night until completed. (2) Where the licensee makes default in complying with any of these provisions, he shall make full compensation for any loss or damage incurred by reason thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration. (3) Notwithstanding anything in this section, the licensee may, in case of emergency due to the breakdown of an underground electrio supply-line, after giving notice in writing to the repairing authority or the owner, as the case may be, of his intention to do so, place an agrial line without oomplying with the provisions of sub-section (1): Provided that such aerial line shall be used only until the defect in the underground electric supply line can be,made good, and in no case for a period exceeding '

-

334 (Part 11.-Supply

Alteration of pipeaor wires.

~Zectri~iti. [AUT in of h e r g y t u the ~;'blic.-S'eotiolz 14.)

exoeeding six weeks, and shall be removed as soon as may bd after suoh defect is removed. 14, (1) Any licensee may alter the position of any pipe (not forming, in a case where the licensee i s not a looal authority, part of a looal authority's main sewer), or of any wire under or over any place which he is authorized to open or break up, if such pipe or wire is likely to interfere with the exeroise . of his powers under this Act ; and any person may alter the position of any electrio supply-lines or works of a licensee under or over any suoh place as aforesaid, if s u c l ~ electric supply-lines or works are likely t o interfere with the lawful exercise of any powers vested in him. (2) I n any such case as aforesaid the following provisions shall, i n the absence of a n agreement to the contrary between the parties concerned, apply, namely :(a) Not less than one month before oommencing any alteration, the licensee' or other person desiring to make t h e same (hereinafter i n this section referred to as " t h e operator ") shall serve upon the person for the time being entitled tr, the pipe, wire, electrio supply-lines or works, a s the case may be (hereinafter in this section referred to as 'c the owner "), a notioe in writiog, together with a plan, on a scale which shall not be smaller than eighty-eight feet to the inah, or such other scale as the Local Government may approve, describing the proposed alteration, and intimating the time when it is to be commenced, and shall subsequently give suoh further information in relation thereto as t h e owner may desire. (3) Within fourteen days af tor the service of the notice and plan upon t h e owner, the owner

'

(Part II.-fluppty

of- E ~ e r g yto, the Public.-geetion 14.)

may serve upon the operator a requisition to the effect tbat any question arising upon the notice or plan shall be settled by arbi-. tration, and thereupon the matter shall, unless settled by agreement, be determined by arbitration. (c) Every arbitrator to whom a reference is made under clause (b), shall have regard to any duties or obligations which the owner is under, and may require the operator to execute any temporary or other works so as to avoid as far as possible interference therewith. - ( d ) Where no reqixisition is served upon the operator under clause (b), or where such a requisition has been served and the matter has been settled by agreement or determined by arbitration, the alteration may, upon payment or securing of any compensation accepted or determined by arbitration, be executed in accordance with the notice and plan and subject to such modifications as may have been determined by arbitration or agreed upon between the parties. (e) The owner may, a t any time before the operator is entitled to oommence the alteration, serve upon the operator a statement in writing to the effect that he desires to exeoute the alteration himself and requires the operator to give such securityqfor the repayment of any expenses as may be agreed upon or, in default of agreement, settled by arbitration. (f) Where a statement is served upon the operator under clause ( e ) , he shall, not less than forty-eight hours before the execution of the alteration is required to be oommenced, furni~h '

I

Laying of eleotrio supply-lines o r other works near sewers, pipes or other electrio supplylines or works.

furnish such security and serve upon the owner a notification in writing inti' mating the time when the alteration is required to be commenced, and the manner in which it is required to be made ;and thereupon the owner may proceed to execute the alteration as required by the operator. ( g ) Where the owner declines to comply, or does not, within the time and in the manner, prescribed by a notification served upon him under clauee (f ), comply with the notification, the operator may himself exeoute the alteration. ( h ) All expenses properly incurred by the owner in complying w-ith a notification served upon him by the operator under olause ( f ) may be recovered by him from the operator. (i) Where the operator makes default in complying with any of these provisions, he shall make full compensation for any loss or damage inourred by reason thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration. 15. (I) Where a licensee requires to dig or sink ;my trench for laying down any new electrio supply lines (not being service-lines) or other works, near to which any sewer, drain, water-courde or work under the control of the Local Government or of any local authority, or any main, pipe, syphon, electric supplyline or other work belonging to any duly authorized person, has been lawfully placed, or where any duly authorized person requires to dig or sink any trench for laying down or constructing any new mains or pipes.(not being service-pipes) or other works, near to

-

which

.

(Part XI.-Sapptg

Etzerg.y €0 the Patilie.-Sectiore; 46.) .

of

which any eleotxic supply-lines or porks of a licensee have been lawfully placed, the licensee or suoh dyly apthorized person, as the case may be (hereinafter in this seotion referred to as " the operator "), s h a , unless it is otherwise agreed upon between .the parties interested or i n case of sudden emergency, give to the Looal Go,vernment or local authority, or to such duly authorized person,' or to the lTcenseg as the case may be (hereinafter in this section referred to as the owner "), $not lass than fortyreight hours' notice in writing before oommen'iting'to 'dig or sink the trgnch, and th'e owner shall*bave the right to be present during the execution of the work, which shall be executed to the reasonable zsatisfactionof the owner. . (2) Where the operator finds it necessary to undermine, but not t o alter, the position of any pipe, electric supply-line or work, he shall temporarily support it in position during the execution of the work, and before completion shall provide a suitable and proper foundatio~for it where so undermined. (3) 'W here the operator (being the licensee) lay Y any electric supply-line across, or so as to be liable to touch, any mains, pipes, lines or servioe-pipes or lines belonging to any duly authorized person or to any person supplying or using energy under this Act, he shall not, except with the consent of such petson and of the Local Government, lay his electric supply-lines so as to come into contact with any such mains, pipes, lines or service-pipes oy linea, oa, .except with the like consent, employ any such mailis, pipes, lines or service-pipes or lines as con duo tor^ fox the purpose of supplying energy. (4) Where the operator makes default in complying with any of the provisions of this section, he shall makeTul1 cotnpensation for any loss or damage incurred by reason thereof. (6) Where any difference or dispute arises under this

'

this seotion, thematter shall be determined by prbitra\

( d ) after reinstating and making good the soil' or pavement, or the sewer, clrain or tunnel, broken or opened up, keep the same in good repair for'three months and for any further period, not exceeding' nine months, during which subsidence continues. (2) Where any person fails to comply with any of the provisions of sub-s'otion ( I ) , the person having the control or management of the street, railway, tramway, sewer, drain or tunnel in respect of which. the default has occurred, may cause to be executed the work which the defaulter has delayed or omitted to

(Port I I . - s ~ ~Gf ~Eaerqy z ~ to the PuUic.-Seotioris 17-18,)

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(3) Where any difference or dispute arises as .to the amount of the expenses inourred under sub-section ( 2 ) , the matter shall be determined by arbitration. 17. ( I ) Nothing in this Part shall be deemed to &riallines. authorize or empower a licensee to place any aerial line along or across any street unless and until t h e Local Government, after consulting the local authority, has communicated to him a general approval in writing of the methods of oonstruction which he proposes to adopt : Provided that the communication of such approval shall in no way relieve the licensee of his obligations with-respect to any other consent required by or under this Act. (2) Where any aerial line has been placed or maintained by a licensee in breach of the provisions of sub-section ( I ) , the Looal Government may require the lioensee forthwith to remove the same, or may cause the same to be removed and recover from the licensee the expenses incurred in such removal. (3) Where any tree, standing or lying near a n aerial line, interrupts or interferes with, or is likely to interrupt or interfere with, the conveyance or transmission of energy, a Magistrate of the first olass may, on the application of the licensee, cnwse the tree to be removed or otherwise dealt with as he thinks fit. ( 4 ) When disposing of an application under sub- _ section (3), the Magistrate shall, in the case of any tree in existence before the placing of the aerial line, award to the person interested in the tree such compensation as he thinks reasonable, and such person may recover the same from the licensee. 18. (1) A licensee shall, in exercise of any of the Compensepowers conferred by or under this Act, oause as little tion for damage, detriment and inconvenience as may be, and damage. shall make full compensation for any damage caused by him or by any one employed by him. (2) Where

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E2,eotrricity.

&.

[ACT 1.11

(Part -I..-S~pp2.y QY8,iFne~gyto the Pu4lic.-Xect50qa 19:20.)

(2) Where any difference or dispute arises; as to the amount or the appliqation of such compensation, , the matter,shall be determined by arbitration. 19, (1) A licensee or any person duly authorized Power for licensee to by a lioensee may at any reasonable time, and on inenter premises for as- forming the occupier of his intention, enter any precertaining mises to whioh energy is or has been supplied by him, energy oonsumed, or to for .the purpose ofremove fit(a) inspecting and testing the electrio supplytings or other lines, meters, fittings, works 'and apparatus apparatus of licensee. for the supply of energy belonging to the lioensee ; ( b ) ascertaining the quantity of energy oonsumed or supplied ;or (c) removing, where 8 supply of energy is no longer required, or where the licensee is authorized to take away and out 08 such supply, any electric supply-lines, fittings, works or apparatus belonging to the licensee. (2) A lioensee or any person authorized as aforesaid may also, in pursuallce of a special' order in this behalf made by the Distriot Magistrate or, in a Presidency-town, by the Com.missioner of Police, and after giving not less than twenty-four hours' noticc irl writing to the consumer, enter any premises to.which energy is or has been supplied, or is to be supplied, by him, for the purpose of examining and testing the electric wires, fittings, works and apparatus for the use of energy belonging to the consumer. 20. ( 1 ) A licensee shall not be entitled to preBestrictions on licensee's scribe any speoial form of appliance for utilizing or interfering energy supplied by him, or, save as provided by withumof section 23, sub-section (2), or by section 30, subsection (6), i n any way to control or interfere with the use of such energy : Provided that no person may adopt any form of appliance J

(. Part I%-Supply'

1

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of Ztiergy t o the ,'Pub2kc.-8ectiatas 21-22.)

appliance, or use the energy supplied to him,. so as unduly or improperly to interfere with the supply by the lioensee of energy to any other person. (2) Where any difference or dispute arises under this section, the matter shall be determined by arbitrat ion. 21. Where energy is supplied by a licensee, every Obligationon person within-the area of supply shall, except in so far as is otherwise 'provided by the terms and con- energy. ditions of the lioense, be entitled, on application, to a supply on the same terms as those oli which any other person in the same area is entitled in similar circumstances t o a corresponding supply : Provided that no person having a private generating plant shall be entitled to demand a connection with the mains of the licensee i n order to use the energy of t h e licensee only in the event of accident to the plant of such person. 22. (1) The electrical power a t which any con-, Maximum sumer shall be entitled t o be supplied by a licensee, power. shall not exceed what is necessary for the maximum consumption of energy on his premises : Provided that, where a consumer has required a l ioonsee to supply him at o speoified maximum powcr, l ~ shall e not be entitled to alter that maximum except after one month's notice in writing to the licensee, and the licensee may recover from the consumer any expenses incurred by him by reason of the alteration i n respect of the service-lines by which energy is supplied to the consumer's premises, or of any fittings or apparatus of the licensee upon those premises. (2) Where any difference or dispute arises between a consumer and a licensee as to the power a t which energy is to be supplied under sub-section (1) or as to the amount of t h e expenses incurred under the proviso thereto, the matter shall be determined b y arbitration.

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92: Electri~ity.~ ' [ ~ o an r ( P a r t I I . - 8 ~ p p Z y of Energy to the Pzab1ic.-Settiolas 23-24.)

23. (I.) A lioensee shall not, in rnakinq any agreement for the supply of energy, show undue preference to any person, b u t may, save as aforesaid, make such charges for t h e supply of epergy as may be agreed upon, not exceeding the limits imposed by his license, and may allow rebates thereon according to the quantity supplied, either in relation to the maximum power to whioh the consumer is entitled -under section 22, or t o the total quantity, or to the time at whioh the supply is needed. (2) Notwithstanding anything in sub-seotion ( I ) , the licensee may, with the consent of the Looal Govern: ment, charge a t one rate for the supply of energy for lighting purposes, and at other rates for the supply of energy for purposes other than lighting; and no person shall b e entitled to utilize for one purpose energy supplied to him a t a lower rate for any other purpose. ( 8 ) Where any difference o r . dispute arises between a consumer and a licensee as to any matter provided for in sub-section (I) or sub-section (9, the matter shall be determined by arbitration. Discontin24. Where any person neglects to pay any oharge nan"e of for energy or a n y other sum due from him to a licensupply to ace in retlpeut of the supply sf energy to him, the consumer neglectlne to licensee may, after giving not less than seven olear pay charge. , days' notice i n writing to such person and *ithout prejudice to his right to recover such charge or other sum by suit, c u t off the supply and for that purpose cut or disconnect any electxic supply-line or other works through which energy may be supplied, and may discontinue the supply until such charge or other sum, together with any expenses inourred by him in cutting off and re-connecting the supply, are paid, but no longer : Provided t h a t the provisions of this section shall not apply in any case in which any difference or dis-

Charges for energy to be made withoub undue pref erence.

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put6 of t h e nature described insection 30,-sub-seotioa (7), has been referred, for determination by an Electric Inspeotor or other person as therein provided u n t i l such Inspector or other person has given his decision. 25. Where any electric supply-lines, meters, .fit- Exemption tings, works or apparatus belonging to a licensee are suppb.lines placed in or upon any premises, not being in t h e orother possession of the licensee, for the purpose of supply i n g energy.,, such electric supply-lines3meters, fittings, ,,,ti, works -and appar.atus shall n'ot be liable to be taken certain caw in execution under any process of any Civil Court or i n a n y proceedings in. insolvency against the person i.n whose possession -the same may be. 26.NO licensee shall, in gxercise of any of the Protectionof powers: conferred by or under this Act, in ariy way $ ~ ~ injure any railway, tramway or canal or (in cases wharv.0~and where the licensee is no-t a local authority) any dock, piers. wharf or,pier,vestedin or controlled by a local author- ' ity or obstruct or interfere with t h e . traffic on any railway, tramway or canal. 27..( I ) Nothing in this Act shall b e deemed t o Protection authoriae or empowe: any licensee to lay down any ~ ~ underground, or place any aerial, electric supply-line and electricor other works, or to make any alterations in any ;i;W:llin~ teleg+kph-line, maintained or worked by the Government or by any person licensed under t h e Indian Telegraph Act, 1883, without the previous sanction of the telegraph-authority, to whom the licensee shall give not less than one montl-1's notice i n writing of his intention, specifying t h e , course of the works or alterations proposed, the manner in which the works are to be utilized, the amount and nature of the energy to be transmitted, and the extent to, and manner. in, which (if a t all) earth returns are -to be uaed ; . and the licensee shall oonform with such reasonable requirements, either general or special, as may be laid down by t h e telegraph-authority for preventing

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any telegraph-line from being injuriously affected by such orks or alterations : Z v i d e d that, in case of emergency (which sllall be stated by the licensee in writing to the telegraplza ~ t ~ h o r i t yarising ) from defects in any of the electric supply-lines or other works of the licensee, the licensee shall be required to give only suoh notice as may be possible after the necessity for the proposed new works or alterations has arisen. (2) Every lioensee shall take all reasonable precautions in con$tructing, laying down and plaoing his electric supply-lines and other works and in working his undertaking, so as not injuriously to affeot, whether by i n h o t i o n or otherwise, the working of any wire or line used for the purpose of telegraphio, telephonio or electric-signalling communication, or the currents in such wire or line, (3) Where any difference or dispute arises between the licensee and the telegraph-authority or any person licensed under the Indian Telegraph Bat, XITI: 1885,as to whether the lioensee has constructed, laid 1886. down or placed his electric supply-lines or other works, or made alterations in a telegraph-line, or worked his undertaking, i n contravention of sub-section (1) or sub-section (21,or as to whether the working of any wire, line or current is or is not injuriously affected thereby, the matter shall be referred to the Governor General in Council ; and the Governor General in Council, unless he is of opinion that the wire or line has been placed in unreasonable proximity to the electric supply-lines or works of the licensee after the construction of such lines or works, may direct the licensee to make such alterations in, or additions to, his system as may be necessary in order to comply with the provisions of tLis section, and the licensee shall make such alterations or additions acsordingly : Provided that nothing in this sub-section shall apply

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apply to the repair, renewal or amendment of any electrio supply-line so long as the course of the elec. trio supply-line and the amount and.nature of the current transmitted thereby are not altered. (4) Where a licensee makes default in complying with the requirements of this section, he shall make full compensation for any loss or damage incurred by reason thereof, and, where any difference or disputk arises as to the amount of such compensation, the ,matter shall be determined by arbitration. Zzp1awtion.-For the purposes of this, section, a telegraph-line shall be deemed to be injuriously affected by a woPk if telegraphic oommunication by means of such line is, whether through induction or otherwise, prejudicially interfered with by such work or by any use made thereof. 28. (1) Every licensee shall, within twenty-four Notice of an hours of the occurrence, send to the Local Government and to the District Magistrate or, in a Presidency-town, to the Commissioner of Police, notioe in writing of any accident by explosion, fire, electric shock or fall of an aerial line and also of any other accident resulting or likely to have resulted in loss of life or personal injury in any part of the lioensee's works or circuits, or in connection with the same, and also notice of any loss of life or personal injury aotually occasioned by any such accident. (2) The Local Government may also, if it thinks fit, appoint any Electric Inspector or other competent person to inquire and report as to the cause of any accident affecting the safety of the public, which may have been occasioned by or in connection with a licensee's works, or as to the manner in, and extent to, which the provisions of the license and of this Act, so far as those provisions affect the safety of the public, have been complied with by the licensee.

2:i::tp

(Part 11-Szcpply Power for Local Government to interfere in certain cases of default by

-licensee.

-Meters.

of Eaergy -to the PzcblZor-qestions 29-30.)

29. If a t any time it is established to the satisfaction of the Local Government,(a;) that a licensee is supplying energy otherwise than by means of -a system which has been approved of by the Local Government or (except in accordance with the grovisions of his license) has permitted any part of his circuits to be connected with earth, or (6) that any electric supply-lines or wo;ks of a licensee are defective ; or (c) that any works of s licensee or his supply of energy are or is attended with danger to the public safety ; the Local Govefnment may, by order in writing,' specify the matter complained of and require the licensee to remedy it, in such manner as shall b specified in the order, and may also i n like manne forbid the use of any electric supply-line or work until the order is complied with or for such time a is specified in the order. 80. ( 1 ) I n the absence of an agreement to the contrary, the amount of energy supplied to a .consumer or the electrical quantity contained in the supply (such amount or quantity being hereinafter referred to as " the value of the supply ") shall be ascertained by means of a duly certified meter, and the licensee shall, if required by the consumer, cause the consumer to be supplied with such a meter : Provided that the licensee may require the consumer to give him security for the price of a meter and enter into an agreement for the hire thereof, unless the consumer elects to purchase a meter. (2) Where the consumer so enters into an agreement for the hire of a meter, the licensee shall keep the meter in proper order for correctiy registering the value of the supply, ancl, in default of his doing

;

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1

( P d d .TI.-Supply

-

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of Eaergy to the Public.-fleestiora 30.)

so, the consumer shall, for so long as the default continues, cease to be liable to pay for the hire of the meter. (3) Where the meter is the property bf the consumer, he shall keep the meter in proper order for correotly registering the value of the supply, and, i n default of his doing so, the licensee may, for so long as the default continues, cease to supply energy through the meter. (4) The licensee or any person duly authorized by the licensee shall, at any reasonable timo and on informing the consumer of his intention, have access to, and be a t liberty to take off, remove, test, inspect and replace, any meter whereby the value of the supply is ascertained or to be mcertained; and, except where the meter is so hired as aforesaid, all reasonable expenses of, and incidental to, such taking off, removing, testing, inspecti~gand replacing, and the procuring the meter to be again duly certified, where that is thereby rendered necessary, shall, if the meter is found to be otherwise than in proper order, be recovered from the consumer; and, where any difference or dispute arises as to the amount of sucli reasonable expenses, the matter shall be determined b y arbitration : Provided that the licensee shall not be a t - liberty to take off or remove any such meter if any difference or dispute of the nature desoribed in sub-seotion (7') has arisen until the matter has been determined as therein provided. (5) A consumer shall not connect any meter, whereby the value of the supply is ascertained or to be asoertained, with any eleotric supply-line through which energy is supplied by a licensee, or disconnect the same from any such electrio supply-line, without giving to the licensee not less than fort3 -eight hourss notice in writing of his intention. (6) In EI

(Par! II.-Suphly

of Eaerby t o . the 'Pubtic.--Rection 30.)

( 6 ) I n addition to any meter which may be placed upon the premises of a, con,sumer to ascertain the value of the supply, the lioensee may place upon such premises such meter or other apparatus as he may think fit for the purpose of ascertaining or regulating either the arnounl of energy supplied to the consumer, or the number of hours during which the supply is given, or the maximum power taken by the cdnsumer, or any other quantity or time connected with the supply : Provided that the meter or apparatus shall be of a construction and pattern approved of by the Local Government, and shall be fixed and' connected with the service-lines in a manner so approved, and shall be supplied and maintained entirely a t the cost of the licensee, and shall not, in the absence of an agreethan bement to the contrary, be placed ~t~herwise tween the mains of the.licensee and the consumer's terminals. (7) Where any difference or dispute arises as to whether any meter, whereby the value of the supply as to pressure or qmntitp is ascertained or to be ascertained, or is not in proper order for ~orrect~ly registering the value of tlis supply, or as to whether such value has in any wise bean correctly registered by the meter, the matter shall be determined, upon -the application of either party, by an Electric I n spector or by a competent person specially appointed by the Loctal Government in this behalf ; and, where the meter has, in the opinion of such Inspeotor or person, ceased to work for a period not exceeding one month, suoh Iaspector or person shall estimate tihe value of the supply for such period on the basis of the value of the previous supply ; and the decision of such Inspector or person shall be final, and the costs of or incidentil to such determination shall be recoverable as such Inspector or persbn may direct : but, save as aforesaid, the register of the meter, whereby

.

1903.1 .

aectrici-ty 99 ( P a r t 11L-Restrictions ora Use of E ~ e r g ynot supplied ufider P a r t 11.-Section 31.) .

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whereby the value of .the supply is ascertained,. shall, in the absence of fraud, be oonclusive proof of, such . , value. E~pZa;~tatioe.-A meter shall be deemed to be" duly certified ?' if it is certified: by an Electric 1-nspector or by a competent person appointed by +the\Local Government, in this behalf to be a correct meter, and to be d a c o n ~ t ~ r u c t ~and o n pattern approved by the Local Government, and to have beea fixed and conneoted with the electric supply-lines inc a manner so approved : Provided that, where any alteration is made in a duly certified meter, or where any. suoh meter ia unfixed or disconnected from the electric supply-lines, i t shall cease to be a duly oertified meter unless and until it is again duly certified as aforesaid.

P A R T 111. I~EWRIUTIONS ON USB OF ENERGYNOT SUPPLIED UNDER PART11. 31. (1) No person shall, for any purpose, in any

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street, or in any place in which one hundred or more ~ ~ persons are likely ordinarily to be assembled or which under is a factory within the meaning of the Indian &lac- ~ ; { ~ bee torieg Act, 1881, use energy which is not supplied to rule,. him under Part 11, without giving not less than seven ~ l e a days' r notice in writing of his intention to the District Magistrate or, in a Presidency-town, to the Commissioner of Yolioe, and complying with such rules as m a y be made in this behalf under eeolion 33 : Provided that nothing in this section shall apply to any railway or tramway subject to the provisions of the Indian Railwajs Act, 1890 r Provided also that the Local Government may, by general or special order and subject to such oonditions and restrictions as may be specified therein, exempt H 2

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exempt any person or class of persods using energy .on..premises. upon :or:in conneotion 'with.whioh it is :generated,:from. the: application of this- section.or of any such rule as aforesaid. (2) Where any. difference.or dispute a;rises.asto whether a:place is. or is:not one in which. one hundied ,dr more.persons are likely ordinarily to -be assembled, the mahter shall.be referred to the Local Government, and the decision of the Local Government thereon shall be final.

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Beards.

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PART IV. GENEBAS. 32. ( 1 ) The Governor General in C'ou,noil may, for the whole or any part of British India, and each Local Government, with the previous sanction of the Governor General in Counoil, may, for the whole or .any part of the Province, by notification in the Gazette of India or the local official Gazette, as the case may be, constitute an Advisory Board. (2) Every srkh Board shall consist of-. (a) a Chairman and two other members, or, where t h e Board is to oonsist of only three members, one other member nominated by the Governor General in Counoil or the Local Government, as the case may be, and (6) two members, or, where the Board is to consist of only three members, one member nomiaarted by such looal authorities, Chambers of Commerce or other Associations as the Governor General in Council or the Local Government, as the case may be, may by rule prescribe. (3) The Governor Qeneral in Council or theLocal Government, as the case may be, may give directions as to the payment of travelling expenses incurred by any member of an Advisory Board in the pmformanoe of his duty as such member. 33. (1) The

(e) p*ovide for the s ~ c u e n gof a iegul&i co&taht :,.

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and suffi.cient supplg-'of energy by licensees .to.consrimers and forrthe-:testingcat.~&rious parts of the system of. .the ..regularity and . sufficiency of suoh supplr, .and for the examination of therecords of such tests by consumers ; (f) provide for the. protection of persons and property froni injury by reason of contact with, or the proximity of, ,or,by.reasonof the defective or dangerous condition of; any appliance or apparatus.used in the generation, supply or use of energy; (g) for tbe purposes of any electrio tramway,.~egu late the employment of insulated returns, or of uninsulated metallio returns of low resistance, in order to preverlt fusion or injurious electrolytic action of or on gas or water .

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water pipes, or other metallic pipes, stmctures or substances, and. to minimise, as far, as is reasonably practicable, injurious interference with the elecjric wires, supplylines and apparatus .of parties other than the o,wqers of the tramway, ox with the the earth is used currents therein,- mhstber ~... as .areturn' or not ~; and: f?r.:tLe:like pur.of . $he p,rov.isions . .. poses apply or sdapt>an& . ,of Part I1 ; .. (h) provide f o r preventing telegraph ling8 and ' magnetid obsefvat'orie~ or.lab..or$orie8 from : being injuriously affeoted b:y:,la.ny applianoe or apparatus used jp the'ieneration, s,upply . or use of energy ; ($1 provide for the appointment of Electrid Inspectors by ~thehocalGovernmeht,and, with the sanction of the Local Government, by local authorities, and prescribe the qualifications. to be required of; suoh Inspe.Gtors, and:.'their remuneration and duties ; (j) p r ~ v i d p ~ f othe, r appointment. of ;members of . Ad~isory ';Boards .and,define the duties and r e p l a t e the .procedure of such Boards ; ( k ) anth6rizb any Electric ~ n i $ ~ c t o $or other . offioerof a specified;rank andclam to enter, . I inspect and examine a n y place, carriage or vessel in wbich he has reason to believe any appliance. or zapparat;us:used in the. qeneration, sup,ply or use-of .energy to be, and t o carry out ;tests .therein, and to prescribe : the facilities to be given to such. Inspeotors or officers for the purposes of suoh exami~ations and tests 5 and , ( I ) authorize and regulate the levy of fees for any such testing or inspection and, generally, for..the services of Electrio Inspectors under this Act. . *

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( P a r t IT.-

~2~c.tricit~: General .-Seclions 34-36.)

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(3) I n making any rule under. this Aot, the Governor General i n Council or the Local Government, as tlie caae may be, may direct that every breaoh thereof shall be punishtible with fine which may extend to one hundred rupees, and, in th'e caae of a continuing breaoh, with a further daily fine which may extend t o fifty rupees. 34. (1) The.power to make rules under section 33 Furtbey, shall be subject to the condition of the rules .being provisions respecting made after previous publication. . rules. , (2) The date t o be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897, as that after which a draft of rules proposed to be made under this section will be . taken into consideration shall not be less than three montlis from the date on which the draft of the proposed rules was published for general information. (3) Where an Advisory Board has been constituted under section 32 by the Governor General in Council or by the Looal Govurnment, any rule to be made under this Act shall, before it is published for critioism under sub-seotion (2), be referred, in the case of a rule to be, made by the Governor General in Council, t o the Advisol-y Board constituted by the Governor General i n Council, and, in the case of a rule to be made by the Local Government, to an A dvisory Board constituted by such Government , and the rule shall not be so published until such Board has reported 47s to the expedienoy of making the proposed rule and as to the suitability of its provisions. (4) All rules made under section 33 shall be published in the Gazette of India or the local oficial Gazette, ae the ease may be, and on such publication shall have effect as if enacted in this Act. 85. Notwithstanding anything in sections 12 to Exercisein 18, the Governor General in Council may, for the placing of appliances and apparatus for the trans- p o w e r s ~ f mission of energy for any purpose, confer upon any public

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(Part IT.- ~ e n e r a l . ~ ~ e c t i o36-31.) ns

Arbitration.

Servioe of notices, orders or documents.

publio offioer or licensee any of the powers which the telegraph-authority possesses under, and subject to the provisions of, the Indian Telegraph Act, 1885, wit11 XIIIof respect to the placing of telegraph-lines and posts for 1886. t h e purposes of a telegraph established or maintained by the Government or to be so established or maintained. 36. Where any matter is, by or uader this Aot, directed -to be determined by arbitration, the matter shall, unless it is otherwise expressly provided in t h e license of a licensee, be determined by such person or persons as the Governor General in Counoil or the Looal Government may nominate in that behalf on the applioation of either party ; but i n all other respects the arbitration shall be subject to the pro.visions of the Indian Arbitration Act, 1899. 1% Of$f 37. (1) Every notice, order or document by or under this Aot required or authorized to be addressed to any person may be served by post or left,(a) where the Government is t.he addressee, a t the office of tho Secretary i n the Public Works Department : (b) where a local authority is the addressee, a t the office of the local authority : (c) where a oompany is the addressee, a t the registered office of tho oompany : (d) where any other person is the addressee, a t t h e usual or last known place of abode or business of the person, (2) Every notice, order or document by or under this Act required or authorized to be addressed to the owner or ocoilpier of any premises shall be deemed to be properly addressed if addressed by the desoription of the '' owner" or "ocoupier " of the premises (naming t h e premises), and may be served by delivering it, or s true copy thereof, to some person on the .premises, or, if there is no person on the premises to whom the same can with reasonable Giligence be delivered,

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delivered, by affixing it on some conspicuous part of the premises. LI" , *. 38. Every sum declared to be recoverable by sec- Recovers ,, --,> , tion 6, clause (f ), seotion 6, section 14, sub-section sums recovers ' (3, clause ( h ) , seotion 16, sub-section (2), section able under 17,sub-section (2) or sub-section ( 4 ) , seotion 22, sub- provisioos af section (I), or seotion 30, sub-section (4) or sub-see- Aot. tion (7),and every fee leviable under this Act may be recovered, on application to a Magist-rate having jurisdiotion where the person liable to pay the same is Por t h e time being resident, by the distress and sale of any moveable property belonging to suoh person. 89. (1) Whoever dishonestly abstracts, consumes Penalties. or uses any energy, shall be deemed to have com.m%ygdf isao. mitted theft within the meaning of the Indian Penal Code. (2) Whoever maliciously causes energy to be I wasted or diverted, or, with intent to cut off the supply of energy, outs or injures, or attempts to cut or injure, any electric supply-line or works, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend ' to one thousand rupees, or with both. (3) Whoever,(a) being a licensee, without the previous sanction of the Local Government, supplies energy or lays down or places any electric supplyline or works outside the area of supply ; or (b) fails to prevent any variation of pressure I exceeding the limits of variation prescribed by the rules made under tbis Aot ; or (c) makes default in complying with any order issued to him by the Local Qovernment under section 29 ; shall be punishable with fine which may extend to one thousand rupees, and, in the case of a continuing off 9nce A

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offepce. :or default, wit11 a daily, :.fine which ,may extend to one hundred rupees. (4) Whoever uses energy in contravention of tbe provisioas of section 31 shell be punishable with fine ' which may extend to five hundred rupees, and, in .the case of a continuing offence, with a daily fine which may extend to fifty rupees. (6) Whoever(a) connects any rheter, whereb'y the value of the supply is ascertained or Lo be ascertained, with any electrio isupply-line through which enefgy is supplied by a licensee, or disconnects the same from any such eleotrio supply-line, without giving t o the licensee forty-eight hours' notice in writing of his intention. ; or ( b ) lays, o r causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a lioen. see, without such licensee's oonsen t ; or (c) maliciously injures any meter, whereby the value of the supply to a consumer by a licensee is ascertained ; or (cl) improperly uses the energy of a licensee ; shall be punishable with fine which may extend to one hundred rupees, and, i n the case of a continui n g offence, with a daily fine wliich may extend to fifty rupees. ( 6 ) Whoever maliciously extinguishes any electric light supplied for the public use, shall be punisbable with fine wl~ich may extend to two hundred rupees. (7) Whoever negligently causes energy to be wasted or diverted, or negligent1y breaks, tl.irows down or damages any electric supply-line, post, pole or lamp or other apparatus connected w i t h the supply of energy, shall be punishable with fine which ma? extend to fifty rupees. (8) Whoever .

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(8) Whoever, in any case, n o t already provided for by this section, makes default in complying with any of the provisions of this Act, or with any order issued under. it,,or, i n the case of .a licensee, wikh-any of the conditions of his .license, .shall be punishable with fine which may extend to one hundred rupees,, and, i n t h e case of s continuing, default, with a daily fine which may extend t o twenty rupees.: Provided that, where - a.person..hasmade default in comp1ying:witI.i ..any of the provisions of: sections 13,14, 15 and 27; as the ease may: be, he shall not. be so punishable if the Oourt; is :of.opinion that the ease was.one of emergency and.that tlje offender complied. with the said provision^. ae far as was reasonable.in the circumstances. (9) The penalties imposed by this section shall be in addition to, and not in derogation of, any liability in respect of the payment of compensation or, in the case of a lioensee, the revocation of his license, which . the offender may have. incurred. (10) The provisions of sub-sections ( I ) , (21,:(6), (6) and (7) shall, so f a r .as. they are applicable, be deemed to apply also when, the acts made punishable thereunder are committed in the case of energy supplied by or of works belonging to the. Government. 40. The powers and duties of the Local Govern- Functions . ment under Part I1 shall, when the energy is to be supplied within the limits of any cantonment or o f nnaer any fortress, arsenal, factory; dockyard or camp or of oertain PartIIin any building or place in the occupation of Governrnenl to for naval or military purposes, be exercised and beperformed by Oovorl~or performed by the Governor General in Council. General in .

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41; N o suit, prosecution or other proceeding shall lie against any public officer, o r any servant of a local authority, for anything done, or in good faith purporting t o be done, under this .Act. 42. (1) The

Council. Protection

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-lLb8 [email protected] [A~.?IV ( P a r t I T .- Gelae~a2,-Section 4 2 The flchat52cle,--c Provisions to be deenzed to be irnco&po~atedwilh; and to form part 01, every license granted under Part 11,) Repeala and saving8.

42. (1) The Electricity Act, 1887, tbe Calcutta XIITo Electric Lighting Act, 1896, and the Howrah Bridge Electric Lighting Act, 1902, are hereby repealed :' Provided that nothing in the foregoing provisions of this seotion shall be deemed t o affect the terms of any license .granted before the oornmencement of thie Act .under the Calcutta Electric Lighting Act, 1896, or any provisions of that Aot. or any rule made there.under having reference to any such license. (2) Nothing in this Act shall be deemed to affect the terms of any other license whioh has been granted or of any agreement which bas been made by .or with the sanotion of the Qovernment for the supply or use of electricity before the commencement of this Act.

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THE SCHEDULE. PROVISIONSTO

BE DEEMED TO BB INCORPORATED WI'l'H, AND TO FORM. PART OF, ,EVEK.Y LICENSE GRANTED UNDER PART 11.

Securi~yfor exeoutlon works of lioeneee not being local authority.

[See section 4, swb-sectiola (I), clazcse (f ).I Secwrity and aocozlnts. I. Where the licensee is not a local authority, the following provisions as to giving security shall apply, namely :(a) The licensee shall, within a period of six months after the commencement of the license and before exercising any of the powers by the license conferred on him in relation to the execution of works, show, to the satisfaction of the Local Qovernment, that he is in a position fully and efficiently to disoharge the duties and obligations imposed

(Tite'Xdkedu2i.-~rou~fone to bs deenaid la be iacbr; - porated zoith, afideto form part of, every licelase yrl~nledunder Pbrt I . . ) fr9T1' * C\

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posed upon him by the license throughout the area of supply. (b) The lioensee shall also, within six months after f h e commencement of the lioense or within suoh extended period as may be approved by the Local Government and before exer~isingany of the powers conferred on him in relation to the execution of works, deposit or seoure, to the satisfaction of the Local Government, suah sum (if any) as may ba fixed by the liaense or, i f n o t sofixed, by the Local Government. (c) The said sum deposited or secured by the licensee under the provisions of this clause sball be repaid or released to him in equal moieties, when and so soon as it may be oertified by a n officer appointed by the Local Government in this behalf that amounts equal t o the sums so to be repaid or released have been expended by the licensee upon works executed for the purposes of the undertaking, or that _distributing mains have been duly laid down by the licensee in svery street or part of a street in which he is required to lay them down within a limited time, or shall be repaid or released a t such earlier dates, and by suoh instalments, as may be approved by the Looal Government. ( d ) Where the area of supply includes two or more local areas for which local authorities are oonstituted, the Local Government may require the deposit t o be made or the security to be given in respect of such local areas severally, and in that case the deposit or seourity shall be repaid or released separately as to eaoh local area.

11. Where

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(The Schedule.-Provisiorns do be deemed- to. be iacorporated with, and to form part of, every license granted zcndec Port 11.) Audit of accounta of lioensee not 'beinglocal authority.

Separate accounts.

11; Where thd licensee is not a local authority, the following provisions as to the audit of accounts shall apply, namely :-(a) The annual statement of accounts of the undertaking shall, before being rendered to the Local Government underlsection 11of the Indian Electricity Act, 1903, be examined and audited by such person as the Local Government may appoint in this behalf, and the remuneration of the auditor shall be such as the Local Government may direct, and his, remuneration and all expenses incurred by him in or about the execution of his duties, to such an amount as the Looal Government shall approve, shall be paid by the lioensee on demand. ( b ) The licensee sha.11 afford to the auditor, his clerks and assistants, access to all such a books and documents relating to the undertaking as are necessary for the purposes of the audit, and shall, when required, furnish to him and them all vouohers and information requisite for that purpose, and afford to him and them all facilities for the proper execution of his and their duty. (c) The audit shall be made and oonducted in suoh manner as the Local Government may direot. (dl Any report made by the auditor, or suoh portion thereof as the Local Government may direct, shall be appended to the annual statement of accounts of the licensee, and shall thenceforth form part thereof. 111. The licensee shall, unless the Local Government otherwise directs, at all times keep the accounts of the capital employed for the purposes of the undertaking

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(The 8chedaIe.-Provision$ to . be deemed td be .incorporated with, and to form part of, eeery licerase graated u a d e r Pajlt 11,) ,

taking distinct from tlie accounts kept by him of any other undertaking or business.

IV. Energy shall be supplied by the licensee only S ~ t e m s o f by means of some system approved in writing by the supply. Local Government, and save as otherwise provided hy rules under the Indian Electricity Act, 1903, the licensee shall not permit any part of any circuit to be conneoted with earth unless the connection is for the time being approved 'by the Local Government, with the ooncurrenee of the telegraph-authority. V. Where and i n so far as energy is supplied to Provisions a3 a tramway for purposes of electric traction, the fol- :f:$i:is lowing provisions 8hall apply, namely :( a ) The licensee shall employ either insulated metallic returns, or uninsulated metallio returns of low resistance, save in the case of vehioles in which the motive power is entirely self-oontained. (6) The licensee shall take all reasonable precautions in constructing, placing and maintaining his electric supply-lines and circuits, and other works of all descriptions, and also in working his undertaking, so as r ~ o t injuriously to affect, by fusion or electrolytic action, any gas or water pipes, or other metallic pipes, structures or subst an ces. Compulsory works. TI. The licensee shall, within a. eriod of two years Power of after the commencement of his icense, lay down suitable and sufficient distributing mains for the order liccnec purposes of general supply throughout such streets or parts cf streets as the Looal Government may, by,,ni,, order

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(The 8chedde.-Provi&ons to be deemed to be incorporated with, a ~ to d form part of, every Ziceltse granted zcuder Part 11.)

Provisions

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to laying

electrio supply-lines under special agreement.

Provisions as to laying down of further dis-

triFing malns.

order in writiug issued within six months of the commenoement of the license, directb VII. Every licensee shall, not less than one month before commencing to lay in any street any electric supply-line for the supply of energy to any particular consumer, and not for the purposes of general supply, serve upon the local authority (if any) and upon the owner or occupier of all premises abutting on so much of the street as lies between the points of origin and termination of the electrio supply-line so to be laid, a notice stating that the licensee intends to lay the electric supply-line, and intimating that, if within the said period any two or more of suoh owners or oocupiers require in accordance with the provi:'s10ns of the license that a supply shall be given to their premises, the necessary distributing main will be laid by the licensee at the same time as the eleotric supply-line intended for the particular consumer. VIII. (1) Where, after the expiration of eighteen months from the commencement of the license, a requisition is made by six or more owners or occupiers of premises in or upon any street or part of a street within the area of supply or by the Local Government or a local authority charged wittl the public lighting thereof, requiring the licensee to provide and lay down distributing mains for the purposes of general supply throughout such street or part thereof, the licensee shall comply within six months with the requisition, unless,where it is made by such owners or occupiers as aforesaid, the owners or ocoupiers making it do not, within fourteen clear days after the service on them by the licensee of a notice i n writing in this behalf, tender to the licensee a written contract, duly exeouted and with sufficient security, binding themselves to take, or guaranteeing .that

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(The tYchedu1e.-Provisiolzs to be deemed to be inoorporated with,and to.form pa?$ of, every Eicewse granted ecndea Par$ 11.)

that there shall be taken, a supply of energy for not less than three years to such amount as w i l l i n the aggregate produce annually, at the current rates charged by the licensee, a reasonable return to the licensee ; or, ( b ) where i t is made by the Local Government or a local authority, the Local Government or local authority, as the case may be, does not, within the like period, tender a like agreement binding itself to take a supply of energy for not less than three years for the public lighting of suoh street or part thereof. (2) Where any difference or dispute arises between . the licensee and suoh owners, occupiers or local' authority as to the sufficiency of the security offered under this clause, or as to the amount of energy to be taken or guaranteed as aforesaid, the matter shall be referred to the Local Government and either decided by it or, if the Local Government so directs, determined by arbitration. (3) Every requisition under this clause shall be signed by the maker or makers thereof and shall be served on the licensee. (4) Every requisition under this clause shall be in a form to be prescribed by rules under the Indian ~ i e c t r i c i Act, t ~ 1903 ; and copies of the form shall be kept a t the office of the licensee and supplied free of charge to any applicant.

IX. ( 1 ) Where a requisition is made by the owners or occupiers of any promises situate within one hundred yards from any distributing main in which the licensee is required to maintain a supply of energy for the purposes of general supply, requiring tho licensee to supply onergy for such promises, t h e licensee I

z~~spt: Requis!tion

occupiers in

\icinity.

-(Th8 WchiaduZa.-Provisions to be deetned to be incorporated with, and to form part of, every licefise granted under P a r t 11.) lioenbee. shall supply, and, save in s.6 fay as he is prevented from doing so by dyclones, floods,, storms or other oocurrences- beyond his control, continue to supply;. ener.gy in accordance with the requisition, uliless the person making it-fails, within fourteen days aftel*the service on him by the licensee of a notice in writing i n this behalf, to tender t o the licensee a written contract, duly - executed -and with sufficient security, binding himself to take a supply of energy for not less . than two years to such - amount as will produce, at current rates charged by the licensee, .a reasonable return to the licensee: . Provided, first, t:hat thecost .of s'o ~ u c of h any electric supply -line as,:may b e laid for the purposes of the supply Fpon \he pro,pe.rty in-respect of which the >: requisition is -mztde, and of so much 'of an.y electric. supply-line as it h a y be necessary for the said. purposes tolay for a greater distance than one hundred. feet fro:liz the licensee's distributing main, a1though . . not on -thatproperty, shall, if the licensee so requires, be - paia by the owner or occupier making the. , requisition'': . Pmv.ided, secondly, that. the licensee may, after he has furnished a supply of energy for any premises, by notice in writing require tihe owner or occupier within. sev,en days after the date of tlie service of the notice, to 'give hi:m se'carity for the payment'of all money : which may' become h e to him i n respect of the supply, i n 'case. the owner br ,oocu,pier has not al.reaidy given that secuYity, .or i h case any security given has become. invalid or is insufficient-; and, if t h e owaer o r occupier fails to comply with the terms of the notice, the licensee may *discontinue t o supply energy, for such premises so long as such failure continues : .. Provided, thirdly, that, i f .the owner or occupier of any-such premises as aforesaid,adopts.a.piy form of lamp. .

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f The Schedzrr&e.-Provisions to be deemed to be ipaoorporated with, aqd to form part of, every license graded under P a r t Zl.)

lamp or burner, or uses the energy supplied to him by

. theilicensee for any (lpurposes, or deals with it in any 4

manner, so as to interfere unduly or improperly with the efficient supply of energy to any other person by the lioensee, or fails to keep his meter in propel1 order, the licensee may discontinue the supply of energy for such premises so long sls such b m p or burner is so adopted, or the energy is so used or dealt with, or the meter is not kept in proper order, as tho oase may be : Provided, fourthly, that the lioensee shall not be bound to furnish a supply of energy to any premises if an Electric Inspector or other oompetent person appointed by the Local Government is satisfied that the eleotric line, fittings, works and apparatus therein are not in good order and condition, and are likely CQ affect injuriously the use of energy by the libe.naee, ox by other persons : provided, fifthly, tliat in the event of any alterti. tions of, or additions to, any electric wires, fittings, works or apparatus within such premises as aforesaid, all such alterations or addifippa shall be notified to the lioensee by the owner or occupier before being connected to the source of supply, with a, view to their being examined and tested ;and Provided, sixthly, that, in the event of any requisition beiug made for a supply of energy from any distributing main of which the licensee cas prove, to the satisfaction of a s officer appointed by tbe Local Government in this behalf,( a ) that it i~ already loaded up to its full ourrent. carrying capaoity, or ( b ) that, in case of a larger amount of current .being transmitted by it, the loss of pressure will seriously affect the efficiency of t h e supply to other consumers in the vicinity,

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(The Schedule.-Provisions to be deemdd to he i f i ~ corporaled with3 and to form part of, every licefise granted umder P a r t 11.) the licensee may refuse to accede to the requisition for such reasonable period, not exceeding rsix months, as . such officer may think suffioient for the purpose of amending the distributing main or laying down a further distributing main. (2) Where any difference or dispute arises as to the sufficiency of the security offered by such owner' or occupier, or as to the improper use of energy, or as to any alleged defect in any wires, fittings, works or apparatus, or as to any alleged excess or defect in the pressure or quantity of the energy supplied, the matter shall,be referred to the Local Government' and either decided by i t or, i f the Local Government so directs,- determined by arbitration. (3) Every requisition under this clause shall be signed by the maker or makers thereof and shall be served on the licensee. (4) Every requisition under this olause shall be in a, form to be prescribed by rules under the Indian Electricity Act, 1903 ;and copies of the form shall be kept a t the offlce of the licensee and supplied free of charge to any applicant. sopply for X. (1) Where a requisition is made by the Local publiO'ampeo Government or by a local authority requiring the licenstte to supply for a period of not less than ono year energy for any public lamps within the distance of one hundred yards from any distributing main in which the, licensee is required Go maintain a supply of energy for the purposes of general supply, the licensee shall supply, and, save in so far as he is prevented from doing so by oyolones, floods, storms or other occurrences beyond his control, continue to supply, energy for such lamps in such quantities as the Local Government, or the local authority, as the case may be, may require. (2)- The. provisions contained in thef first, fourth, fifth

(The 8chadzaZe.-Provisiosas to be deemed to be icncorporccted with, alzd to form part of, every license granted wader Part 11.) fifth and sixth provisos to sub-clause (1) and @ sub-clause (2) of clause IX shall, so far as may be, apply to overy case i n which a requisition for t h e supply of energy is made under this clause ,as if the Local Government or local authority were an owner or occupier within the meaning of those provisions,

Charges.

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XI. I n the absence of a n agreement to the con- Methods of trary, the licensee may charge for energy supplied by him to any consumer(a) by the actual amount openergy so aupplied ; or ( 6 ) by the electrical quantity contained in the supply; or ( G ) by such other method as may- be approved by the Local Government : Provided, first, that, where the lioensee charges by any method so approved by the Local Government, any consumer who objects to that method may, by not less than one month's notice in writing, require the licensee to charge him, at the licensee's option, . either by the actual amount of energy supplied to him or by the eleotrical quantity contained i n the supply, and thereafter the licensee shall not, except with the consent of the consumer, charge him by another method : Provided, secondly, that, before commencing to supply energy through any distributing main for the purposes of general supply, the lioensee shall give notice, by public advertisement, of the method by which he proposes to charge for energy ,so supplied ; and, where the licensee has given such notige, he shall not be entitled to change that method ,of charging without giving not less than one month's notice in writing of suoh change to the Local Government, to the local authority (if any) concerned, and to every consumer

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(The ~c?'ohedecla-Provisiiws to be cleeruled to ba ilacorporated with, arad t o f o ~ mpart of, every lioense granted wader P a r t 11.) '

cmshmer'of energy w110 is supplied by him from suoh distributing main : Provided, thirdly, that, if the consumer is provided with a duly certified meter Eor the purposes of ascertaining the value of the supply and the licensee changes the method of charging for the energy sup- plied by him from the distributing main, the licensee shall bear the expense of providing a new duly certified meter if such is necessary for the purpoBe of. ascertaining the value of the supply according to the new method of charging. Maximum XII. The price charged by the licensee for energy chargessupplied by him shall not exceed the maximum fixed by his license, or, in the case of a method of charge approved by the Local Government, suoh maximum as the Local Goveynment shall fix on approving :the method : Provided that, if, at any time after the expiration of seven years from the commencement of the license,% the Local Government considers or is satisfied that the maximum so fixed or approved as aforesaid should be altered, it may, after such inquiry (if m y ) as it thinks fit, make an order accordingly, which shall have effect from such date as may be mentioned therein : Provided; also, that where an order i n pursuance of the foregoing proviso has been made, no further oyder altering the maximum fixed thereby shall be made until the expiration of another period of seven . , years. Charge for XIII. The rice to be charged bv the lioensee and sn for p~%h I ~ ~ to B .be paid to hi'm for energy Gppli;d for the public lamps, and .the mode in which those charges are to be ascertained, shall be settled by agresmen3 between the licensee and the Local Government or the local authority, as the case may be, and,where any difference \

(The Xohedu,le.-.Pror,ksio.ns to be deenzed t o .be lacorporated with, and t o form p a ~ of, t every license granted under Pare II.)

or dispute arises, the matter shall be determined>by arbitration.

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to XIV. The licensee shall, at any plaae within reasonable distance from any main, establish at his testirlg own cost and keep in proper condition such number stations and of testing stations as the Looal Government may direot for the purpose of testing the supply of energy in tesling., the main, and shall supply and keep in proper condition thereat, and on all premise8 from whioh he supplies energy, such instruments for testing as the ,"Local Government may approve, and shall connect all such testing stations, by means of proper and suffioient electric supply-lines, with the distributing mains, and shall supply energy to each testing station for the purpose of testing. XV. The licensee shall afford all facilities for Liaenseo t o inspeotion and testing of his generating, converting for give faoilities testing. and testing stations and all other parts of his electric system and for the reading, testing and inspection of instruments. XVI. .The licensee may, on each occasion of the Representtesting of any distributing main or electrio supplyline or the testing or inspection of any instruments, at testings. be repr2sented by an agent who may be present but shall not interfere with the testing or inspection. XVII. On the occasion of the testing of any main Testing of of the licensee by an Eleotrio Inspector, reasonable mains notice thereof shall be given to the licensee, and the testing shall be carried out a t such suitable hours , as, in the opinion of the Eleetrio Inspector, will least interfere with the supply of energy by the licensee, and in such manner as the Blectric Inspector may think fit; but, except under the provisions of an order made in each case in that behalf by the Local Government, the Electric Inspector shall not be entitled

(The flcheclzc1e.--.Provision6 to be deemed to be 4ncorpsroted with, and to form part of, every Ziceme g r a d e d under Part 11.) entitled to havs access to, or interfere with, the mains of the licensee at any points other than those a t which the licensee has reserved for himself access to the same : Provided that the licensee shall not be held responsible for any interruption i n the supply of energy which may be occasioned by or required by the Electric Inspector for the purpose of any such testing as aforesaid : Provided, also, that the testing shall not be made in regard to any particular portion of a main oftener than once i n any three months, unless in pursuance of an order made in each case in that behalf by the Local Government. Plans. Plan of ares XVIII. (1) The licensee shall, after commencing to of supply,t o be made and supply energy, forthwith cause a plan to be made kept open for of the area of supply, and shall cause to be marked inspection, thereon the line and the height above or the depth below the surfaco of all his then existing mains, electria supply -lines, street distributing boxes \and other works, and shall once in every year cause that plan to 6e duly corrected so as to show the mains, eleotrio supply-lines, street distributing boxes and other works for the time being in existence. The licensee shall also, if so required by the Local Government, cause to be made sections showing the level of all his existing distributing mains and underground works other than servioe-lines. (2) Every such plan shall be drawn to a scale which shall not be smaller than ,eighty-eight feet to the inch or to such other scale as may be approved by the Local Government. (3) Every such section shall be drawn to a horizontal scale which shall not be smaller than eigbtyeight feet to the inch and to a vertical wale which

shall

.

(The 8checlztZe.-Provisions t o be deemed to be i n corporated with,and to form part 04,every licertee granted wivder P a r t ;CI.)

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shall not be amaller than eleven feet to an inch, or to such other llorisontal and vertioal scales as may be approved by the Local Government. (4) Every plan and section so made or corrected, or a copy thereof, marked with the date when it was so made or corrected, shall be kept by the licensee a t his principal office or plaoe of business within the area of supply, and shall at all reasonable times be open to the inspection of all applicants, and copies thereof shall be supplied on such terms and conditions as may be prescribed by rules under the Indian Eleotricity Act, 1903. (5) The licensee shall, i f required by the Local Government, or, where the licensee is not a local authority, by the local authority (if any) concerned, supply to the Local Government or local authority, as the case may be, a copy of every such plan or section duly corrected so as to agree with the original kept at the principal offioe or place of business of the licensee,

XIX. On the day next preceding the. commence- ~,t;,, to ment of any such works as are referred to in section Electrjo 13 of the Indian Electricity Act, 1903, the licensee lnSpecbr. shall, in addition to any other notices which he may be required to give, serve upon the Electric Inspeotor ar such officer as the Local Government may appoint in this behalf for the area of supply a notice in, writing stating that he is about to oommence the works and the nature and position of the same.

1'22 '

Proeicte~t Bzdn ds

ACT No. IV PASSEDBY

THB QOVERNOR

(Received t h e assetat of t h e

OF 1903.

GENEUALOP INDIAIN COUNCIL.

G o v e v a o r Geltern2 ow t R e 1311

Jfarch,

1903.)

An Act further to amend the Provident Funds Act, 1897.

Short title.

Substitution of new seotiou for seotion 4, Aot I X , 1897. Protection to depoeita and other Bums in certain caees.

W H E R E A S it is expedient further to amend the Provident Fundo Act, 1897; I t is hereby en- IX OF 189 acted as follows :1. !Phis Act may be called the Provident Funds (Amendment) Aot, 1903. 2. For section 4 of the Provident Funds Aot, 1897, ,,f the following section shall be substituted, namely :"4. (1) Compulsory deposits in any Government or Railway Provident Fund s h ~ l not l be liable to any attachment under any decree or order of a Oourt of Justice in respect of any debt or liabiliky incurred by a subscriber to, or depositor in, any such Pund, and neither the Official Assignee nor a Reeeiver appointed under Ohapter XX of the Code of Civil Procedure shall be entitled to, or have any clqim on, any 5uch compulsory deposit. (2) Any sum standing to the credit of any subscriber to, or depositor in, any suoh Pund a t the time of his decease and payable under the rules of the Fund or under this Act to the widow or the children, or partly to the widow and partly to the children, of the subscriber or depositor, or to such person as may be authorized by law to receive payment on her or their behalf, shall vest in the .widow or the children, or partly in the widow and partly in the children, as the cam may be, free from any debt or

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other liability inourred by the deceased, or incurred by the widow or by tho children, or by any one or more of them, before the death of suoh subsoriber or depositor. (3) Nothing in aub-secttion (2) $hall apply i n the caae of any such subscriber or depositor as af oreaaid dpin-g before the thirteenth day of Maroh, 1903."

,

.PASSFID BYTHE GOVERNOR GENERAL OF INDIA IN COUNCIL.

Currency Act,. 1882. WHEREAS it is expedient further to amend the Indian Paper. Currency Act, 1588, in manner hereinafter appearing ; It is hereby enacted as follows :-

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in Burma, and a ourrency note for any amount' exceeding five rupees shall be a legal tender at any place witbin the Cirde from which the note -was issued, for the amount expressed in t h e note, in payment or on account of.

( b ) any sum of five rupees and upwards, due by t h e .Government of India or by any body corporate or person ih British India :

Provided that no currenoy note shall be deemed to be a legal tender by the Government of India at any office of issue. 17. ( I ) A. cutrency note for five rupees, issued Kotcs where from any town not situate in Burma, shall be payable ""J'"'. at any office of issue not situate in Burma. (2) A cumenoy note for five rupees, issued from any town in Burma, shall be payable only at a n oflice of issue i n suoh town. (3) A ourrencg note for any amount exceeding five rupees shall be payable only(a) at an office of issue of the town from which i t was issued, and ( 6 ) in the case of notes issued 'from any t o ~ n not situate i n Burma, also at the Presidency-town of the Presidency within whidl that towh 59 s i t ~ a t e . ~ '

"

THE INDIAN WORKS OF DEFENCE ACT (VII OF 1903)*

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CONTENTS. -,

PXELIMINARY. SECTIONS. 1 . Short title and extent. 2. Definitions, P A R T 11.

IMPOSITION OF RESTRIOTIONB. 3. Declaration and notice that the restrictions will be imposed. 4. Power t o do preliminary acts after publication of notice under section 3, sub-seotion (2). b. Payment for damage. 6. Further powers exerciseable after publication of notice under section 3, sub-section (2). 7. Restrictions. 8. Land t o Ire marked out, measured, registered and planned. 9. Notice t o persons interested. 10. Power t o require and enforce the making of statements a s t o names and interests. 11. Application of certain sections of the Indian Penal Code. 12. Inquiry and award by Collector. 13. Award of Collector when to be final. 14. Adjournment of inquiry. 15. Power t o summon and enforce attendance of witnesses and produotion of documents. 16. Matters to be considered and neglected. 17. Supplementary proceedings.

---P A R T 111.

18. Reference to Court. '19. Collector's

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19. Collector's statement to the Court. 20. Service of notice. 21. Restriction on scope of proceedings. 22. Proceedings t o be in open Court. 23. Matters to be considered in determining compensation. 24. Matters not t o be considered in determining compensation. 25. Rules as to amount of compensation. 26. Form of awards. 27. Costs. 538. Colleotor may be directed to pay interest on excess compensation. rt

PART IV. 29. Partioulars of apportionment to be specified. 30. Dispute as to apportionment.

P A R T V. 31. Payment of compensation or deposit of same in Court. 32. Investment of money deposited in respect of lands belong i n g to persons incon~petentto alienate. 33. Investment of money deposited in otlier cases. 34. Payment of interest.

P A R T VI. Service of notices. Penalties. Magistrate to enforce the terms of the Act. Completion of imposition of restrictions not compulsory, but compensation to be awarded when not completed. 39. Demolition of part of house or building and imposition of restrictions on part of land. 40. Exemption from stamp-duty and fees. 41. Notice in case of suits for anything done i n pursuance of 36. 36. 37. 38.

Act. 42. Code of Civil Procedure t o apply t o proceedings before

Court. 43. Appeals in proceedings before Court. 44. Power to make rulee.

ACT NO*VII

OF 1903.

(Received the assent of the Governor General on the 20th March, 1903.)

An Act. to provide for imposing restrictions upon the use and enjoyment of land in the vicinity of works of defence in order that such land may be kept free from buildings and other obstructions, and for determining the amount of compensation to be made on account of such imposition. WHEREAS it is expedient to provide for imposing restrictions upon the use and enjoyment of land in the vicinity of worlzs of defenoe in order that such land may be kept free from buildings and other obstructions and for determining the amount of compensation to be made on account of such imposition; It is herehy enacted as follows ;-

Skort title1 and exteat

1. (I) This Act may be called the Indian Works

of Defenoe Act, 1903 ; and (2) It extends to the whole of British India, including British Baluchistau, the .Sonthal Parganas and the Pargana of Spiti. Defi~~itiul~fi 2. I n this Act, unless there is something repugnant in the subject or context,-( a ) the expression <' land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attaollcd to tllc eartll : ( b ) the

( 8 ) the expression " person interested " includes all persons claiming an interest in cornpensation to be made on i~ccountof the imposition of restrictions upon the use and enjoyment of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land : ( c ) the expression Command 9 9 means one of the principal portions into which the Army of India is, for the time being, divided : ( J ) the expression '(General Officer of the Command" means the Qeneral Officer Commanding the Forces in a Command : (e) the expression " Commanding OEcer " means the officer for the time being in command of a work of defence : ( f ) the expression 'C Collector " includes any officer specially appointed by the Local Government to perform the functions of a Collector under this Act : (g) the expression '(Court '' means s principal Civil Court of original jurisdiction, unless the Local Government has .appointed (as it is hereby empowered to do) a special judicial oEcer within any specified local limits to perform the functions of the Court under this Act : maiutain ", with its grammatical variations (h) and cognate expressions, does not, when used in relation to a house or other construction, include the doing of any act necessarg for keeping such house or construction, until the making oE the award referred t o in section 1 2 or until the exercise, prior to the making of the award, of the powers of demolition conferred, in case of emergency, by section 6, sub-sections ( 1 ) and(3), in the state in which it was a t the time of ('

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Works of Defertce. ( P a r I 1.-Pre1imina~y.- Section 2.)

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of the publication of the notice referred to in section 3, sub-section (2) : (i) the following persons shall be deemed <' entitled to act " as and to the extent hereinafter provided, that is to say,trustees for other persons benefioially interested, shall be deemed the persons en,titled to act with reference to any oase, and that t9 the same extent as the persons bene Bcially interested oould have acted if free from disability : a married woman, i n cases to which the English law is applicable, shall be deemed t h e person so entitled to act, and, whether of full age or not, to the same extent as if she were unmarried and of full age : and . the guardians ,of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persone so entitled to act, to the same extent as the minors, lunatics or idiots themselves, if free from disability, could have acted : 'Provided that( i ) no person shall be deemed " entitled to act " whose interest in the subject-matter is shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled t o act ; (ii) in every oase the person interested may appear by a next friend or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof; (iii) the provisions of Cllapter XXXI of the Code of Civil Procedure sl~all,mutatis m u t a ~ d i s ,XIVof apply in the oase of persons interested

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1903.1 ,Works of ~ e f e n e e . , 153. ( P a d 11.-Impositiolz 01Zestriot;ons...-Sectdm 3.) appearing before a ~ o l l e c t o or r Oourt by a next friend, or by a guardian for the case, in proceedings under this Act ; and ( i u ) no person " entitled to aot " shall be competent to reoeive the compensation-money payable to the person for whom -he is entitled t o act, unless he would have been comget,ent to alienate the land upon the use and enjoyment of which restrictions are to be imposed and receive and give a good discharge for the purchase-money on a voluntary sale,

'PART 11. IMPOSITION OF RESTRICTIONS. 3. (1) Whenever it appears to the Local Govern,,..

ment that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any work of defence or of any site intended to be used or to be acquired for any such work, in order 'that such land mag be kept free from buildin,gs and other obstructions, a declaration sha.11 be made to that effect under the signature of a Secretary to such Government or of some officer duly authorized to certify its * orders. (a) The said declaration shallbe published in the local offioial Gazette and shall state the district or other territorial division in which the landis situate and the place where a sketch plan oE the land, which shall bo prepared on a scale. not smaller than six inches to the mile and shall distinguish the boundaries referred to in section 7, may be inspected ;.and tbe Collector shall cause public notice of t h e substance of the said declaration to be given -at convenient places in the locality. (3) The said declaration shall be conclusive proof that it is necessary to -keep the land free from buildings aud other obstructions; 4. I t

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Declaration and notice the reetrictiona

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4-6.) Power to do prelimiuary acts af her publication of notice nl~der section 3, sub-section (2).

Payment for damage.

~'urther powers exerciseable after pu bli. cation of notice 6nder seoticn 3,

wb-section (2).

4. I t shall be lawful for suoh officer as the Local Government may, by general or special order, authorize in this behalf, and for lria servants and workmen, a t any time after publication of the notice mentioned in section 3, sub-section (21,to enter upon and survey and take levels of any land in such~locality,to dig or bore into t h e sub-soil, to do all other acts necessary to ascertain whether any and, if so, w l ~ a trestrictions should be imposed on the use and enjoyment of the land, to set o u t the bou~idariesof the land upon the use and enjoyment of which restrictions are to be imposed, or of any part of such land, to mark such levels, boundaries and line by placing marks and cutting trenches, and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of aEy standing crop, fence or jungle : Provided that no person shall enter into any building or upon any enclosed oourt or garden attaohed to a dwelling-house (unless with the consent of the occupier thereof) without previously giving suoh ocoupier a t least seven daycj' notice in writing of his intention to do so. 5. The oEoer so authorized shrill a t the time of such entry pay or tender payment for all necessary damage to be done as aforesaid, and, i n case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief revenue-officer of t h e district, and suoh decision shall be final. 6. (1) Whenever a declaration has been made and public notice thereof has been given under section 3, it shall, subject to the provisions of sub-sections (2) t o (4), be lawful for such officer as the Local Qovernment may, by general or special order, authorize i n this behalf, and for his ~ e r v a n t s,and workmen, to enter and demolish any buildings or other constructions on the surface, to cut down or grub- u p all or any

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(Part 11. Tinposition

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07~ r s tic€?ofis.r

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any of the trees, to remove or alter all or any of the banks, fences, hedges and ditches, to make under- . ground and other drains, to fill up all excavations, and demolish all buildings and other constructions below the surface, and generally to level and clear the said land and do all such acts for levelling and clearing the same as he may deem necessary or proper, but in such manner nevertheless that evidence of the boundaries of the lands held by different; owners may be preserved. (2) The powers conferred by sub-section (1) shall not be exercised,(a) save as otherwise provided by sub-section (3), before tile rhaking of the award hereiuafter referred to id section 12, nor ( b ) save as otllerwise provided by sub-section (41, after the expiration of six months from tlie making of the said award, or any shorter period on the expiration of which the,. officer exercising such powers gives notice ' t o the Collector that tliere will be no further exercise of tbem. (3) I n case of emargenoy, t h s Local Government, with ,the previous- sanction .of the Goveinor General in Council, may, by notification in the looal official Gazette, declare that all or any powers conferred .by sub-section (1)may be exercised a t any time wittiin six months after the.publication of the notice referred to in section 8, sub-seotion (a), and such powers may be exercised accordinglyand the said notification shall be conclusive proof of emergency. (4j Sothing in sub-section ( 2 ) shall be deemed to preclude any such officer or his serv.ants or workmen from exercising at any time the said powers for the purpose of removing, wholly or in part, any building or other obstruction maintained, created, added to, altered, planted, stacked, stored or otherwise accumulated ih contravention of this Act or of any ruIe or .

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Restrictionsn

'7.-From and after t h e publication of the notice . mentioned i n section 3, sub-section (2), such of the following restrictions as the Loclal Government may in its disoretidn declare therein shall attach with , reference to such land, namely :--

(6) n o variation shall be made in the ground-level, and no building, wall, bank or other construction above the ground shall be maintained, erected, added to or altered otherwise than with the written approval of the General Officer of the Command, and on such conditions as he may presoriba ; (ii) no wood, earth, stone, briok, gravel, sand or other material shall be stacked, stored or otherwise accumulated : '

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1903.] Works of Defence. 137 (Part 11. -1mpos'it iota of Restrictions.-8ecta'on 7.) under the control of military authority, by the Commanding 0 fficer and, in other cases, by the Collector with the concurreaoe of the Oommanding Officer; and ( i v ) where any building, wall, bank or other construction above the ground has been permitted under clause (i) of this sub-section to be maintained, erected, added to or altered, repairs shall not, without the written approval of the General Officer of t h e Command, be made with materials different in kind from those employed in the original building, wall, bank or other construction. ( b ) Within a seoond boundary which may extend to a distance of one thousand yards from the crest of the outer parapet of the work, the restrictions enumerated in clause (a) shall apply with the following additional limitations, namely :(i) no building, wall, bank or other oonstruction of permanent materials above the ground shall be maintained or erected : Provided that, with the written approval of the General Officer of the Command and on such conditions as he may prescribe, huts, fences or other construotions of wood or other materials, easily destroyed or removed, may be maintained, ereoted, added to or altered : Provided, also, that any person having control of the land as owner, lessee or occupier shall be bound forthwith to destroy or remove such huts, fences or otl~er constructions, without compensation, upon an order in writing signed by the General Officer Commanding the District ; and (ii) live hedges, rows or clumps of trees or Lorchards shall not be muiuluined, planted, added to or altered olhsrwise than with t h e written

13'8

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Land to be marked out, measured, registered and planned.

Notice t? persons in-

terested.

Forks of D$eelzce:

[ACT +II

written approval of the General Officer of the Command and on such conditions as he ' may prescribe. (c) Within a third boundary whicli may extend to a distance of five hundred yards from the orest of the outer parapet of the. work, the restrictions enumerated in clauses (a) and ( b ) shall apply with the . following additional limitation, namely :no Building or other construction on the surface, aud no excavation, building or other construction below the surface, shall be maintained or erected : Provided that, with the written approval of the Commanding Officer and on such conditions as he may prescribe, open railings and dry brushwood fences may be exempted from this prohibition. 8. As soon as may be, after the publication of the declaration aforesaid, the Collector shall cause the land to be marked out and measured, and shall also prepare a register and a detailed plan, whioh shall be on a scale not smaller than six inches to the mile, showing accurately every building, tree and other obstruction. 9. (I) At any time before the expiration of(a) the period of eighteen months from the publication of the declaration referred to in section 3, or ( b ) such other period not exceeding three years from the said publication as the Local Government, with the previous sanction of the Governor General in Council, may, by notification in the local official Gazette, direct in this behalf, the Collector shall cause public notice to be given at convenient places on or near the land, stating the effect of the said declaration and that claims to cornpensation for all interests in such land Lffected by any tlliug

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FVo~lcso f ,Defence. 1391 ( P a r t 11.-Zmposition of ~estrictions.-~ebtion 10.)

3 903.1

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anything done or ordered in pursuance of such declaration may be made to him : Provided that, where anything has been done in exercise of the powers conferred, in case of emergency, hy section 6, sub-section (a), the notice prescribed by this section shall be given as soon as may he thereafter. (2) Sxch notice shall state the particulars of any damage ordered to be done or, in the case referred to in section 6, sub-section (3), done in exercise of any of the powers conferred by the said section, and the particulars of any restrictions attaol~iug to the land . "slinder section 7, and shall require all persons interested . in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice) and to state tbe nature of their respective interests in the land and the amount and partioulars of their claims to compensation for damage to such interests and their objections (if any) to the measurements made under section 8. The Collector may in any case require such statement to be made in writing and signed by t h e party or his agent. (3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorized to receive service on their behalf, within the revenue-distriot in which the land is situate. (4) I n case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by poet in a letter addressed to him at his last known residence, address or place of business. 10. The Collector may also require any such per- Power to require and son to make or deliver to him, at a time and place enforce mentioned (such time not being earlier than fifteen making of days aftei the date of the requisition), a statement ; ~ ~ containing, interests.

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( P a r t II.-Imposition

A plioation ozcertain sections of the Indian Penal Code. Inquiry and award b y Collector.

oontaining, so far as may be pra~t~icable, the name of every other person possessing any interest in the land or any part thereof as oo-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement. li.'Every person required to make or deliver a statement under section 9 or section 10 shall be deemed to be legally bound to do so within the meaning XLV of of sections 175 and 176 of the Indian Penal Code. 12. On the day fixed under section 9 or on any" 1860. other day to which the inquiry has bean adjourned, the Collector shall proceed to inquire into the objections (if any) which any person interested has stated pursuant to a notice given under the said section t o the measurements made under section 13, and into the decrease i n the value of the land, and into the respective interests of the persons claiming the compensation, and shall make an award under bis hand of (a) the true area of the land and the nature of t h e obstructions from which the land is to be kept free ; (6) the compensation which in his opinion should be allowed for any damage caused or to be caused under section 6' and for any restrictions imposed under section 7 ; and (c) the apportionment of the said compensation amQhg all the persons knoan or believed to be interested in the land, of whom or of whose olaims he has information, whether . they have respectively appeared before him or not. 13. (I) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and t h e persons interested, whether- they have respectively

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Award of Collector ,hen to be final.

o j Reslrictiorns.-Sectio~s 11-13.)

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(Part I1.-1mposjtion

of Restrictiolzs.-Sectioas 14-17'.)

respectively appeared before the Collector or not, of the true area of the land, the nature of the said obstructions from which the land is to be kept free, the 4 damage caused or to be caused under section 6, the value of the rights restricted under section 7, and the apportionment of the compensation among the persons 1 interested. (2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made. 14. The Collector may, for any cause he thinks fit, Adjournment from time to time adjourn the inquiry to a day t o be lnqUwyGxed by him. 15. For the purpose of inquiries under this Act the -Power to Collector shall have power to summon and enforce ~ ~ the attendance of witnesses, including the parties a,,,, ~ t . interested or any of them, and to compel the produc- nesses and tion of doouments, by the same means, and (so far as production of may be) in the same manner, as is provided in the case of a Civil Court under the Code of Civil ProcsXIV oE 1882. dure. 16. I n determining the amount of compensation, Matters to be the Collector shall be guided by the provisions con- i s L tained in soctions 23 and 84. 17, Whenever the officer exercising powers con- SuppIementferred by section 6 considers it necessary that any thing in respect of which any person is or may be entitled to compensation but of whioh no notice has been given or compensation awarded, under sections 9 and 12, respeotively, sllolald be done in pursuance of the said powers, the Collector shall cause supplementary notice to be given, as nearly as may be, i n the manner prescribed by section 9 and subjeot to the limit of time imposed by sub-section (1) of that section, and tho provisions of sections 10 to 16 shall, so far as they are applicable, be deemed to apply to any further inquiry C

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Works of Defence. . [ACT VII(Part 11%-Refereme to Court and P ~ ~ o c e d u r e thereofi,-- Sections 18-19.) 142

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PART 111.

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inquiry and award which may be held or made in consequence of such supplementary notice.

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REFERENCETO COURTAND PROCEDURE THEREON. Reference to 18, (1) Any person interested who has not acCourt;. cepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of t h e compensation, the persons to whom it is payable, or the apportionment of the cornpellsation among the persons interested : Provided that every such application shall be made,-( a ) if the person making i t was present OF represented before the Collector a t the time when he made his award, within six weeks from the date of the Collector's award; ( b ) in other cases, within six weeks of the receipt of the notice from the Collector under section 13, sub-section* (2), or within six months from the date of the Collector's award, whichever period shall first expire. (a) The application shall state the grounds OIL which objection to the award is taken. Collector's 19. (1) I n making the reference .the Collector statement to shall state, for the information of the Court, in writthe COWL ing under his hand,( a ) the situation and extent of the land with particulars of any damage caused under section 6 or of restrictions imposed under section 7 ; ( b ) the names of the persons whom he has reason to tkinb interested i n such land;. (c> the

( P a r t 111.-Refererace to Court and P r o c e d ~ r e t hereo?a.-Sectiotas 20-23.)

(c) the amount of compensation awarded under

section 12 ; and, (d) if the objeotion be to the amount of the

compensation, the grounds on whioh the amount of compensation was determined. (2) To the said statement shall be attached a schedule giving the partioulars of the notices served upon, and of the statements in writing made or delivered by, the parties interested respectively, 20. The Court shall %hereupon cause a notice Sesvice of . specifying the day on which the Court will proceed to determine t h e objection, and directing their appearance before the Court on that day, to be served ou the following persons, namely :( a ) ~-,he applicant ; (6) all persons interested i n the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded ; and, (c) if the objection is in regard to the area of the land, the nature of the obstruotions or the amount of the compensation, the Collector. 21. The scope of the inquiry in every such pro- ReatrjcUon ceeding sLall be restricted to a consideration of the on scope of proceedings, interests of the persons affected by the objection. 22. Every such proceeding shall take place in open Proceedings Court, and all persons entitled to praotisa in any Civil g::tfnopen Gourt in the Province shall be entitled to appear, plead and aot, as the oAse may be, in such proceeding. 23. (1) I n determining the amount of compensa- Matters to bo tion to be awarded for damage caused, or to be considered ,i deter,;,. caused, or for restrictions imposed under this Act, ing compensation. the Court shall take into consideration(a) the actual decrease in market-value of the land owing to the publication of the declaration relating thereto under section 3 and

k o ~ k of s Defance. [ACT VII ( P a r t 111.-Reference to Cozcrt and Procedz~re t hereon.-Sectiolla 24.)

144

and any damage caused or to be caused under section 6 ; (b) the damage sustained by the person interested, by reason of the removal of any standing crops in the exercise of any power oonferred by section 6 ; (c) the damage. (if any) sustained by the person interested, by reason of ceasing to be able to use such land conjointly with liis other land ; (d) the damage (if any) sustained by the person interested by anything done or ordered under sections 6 and 7 injuriously affecting his other property, moveable or immoveable, in any other manner, or his earnings ; and, (e) if, in consequence of the imposition of restrictions, the person interested is compelled to change his residence or place of business, the reasonable expenses '(if any) incidental to such change. (2) I n addition to the amount representing the actual decrease in the market-value of the land as above provided, the Court shall in every case award a further sum of fifteen per centum on such amount. 24. I n determining the amount of compensation Ysttersnot to be considered to be awarded for damage caused, or to be oaused, or !n determinfor restrictions imposed under this Act, the Court ,, ,,,p ensation. shall not take into consideration(a) the degree of urgency which bas led t o the damage or the imposition of restrictions ; (b) any disinclination of the person interested to submit to damage or restrictions ; (c) any damage sustained by him, whioh, if caused by a private person, would not render such person liable to a suit (4 any /

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lo Oowt ~ n dProcedzcre thereon.- 8ecliows 26-27.)

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( d ) any increase to the yalue of the other land of the person interested, accruing or likely to accrue from anything done under this Act J or ( e ) any outlay or improvements on, or disposal of, the land commenoed, made or effected without the smotion of the Collector after the date of the publioation of the declarati04 under section 3. 25. (1) When the applioant has made a olaim to Rulesas to compensation, pursuant to any notice given under ~~~~~~P~ section 9, the amount awarded to him by the Court sation. shall not exceed the amount; so olaimed or be less than the .amount awarded by the Collector under seotion 12. (2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the Court shall in no oase exceed the amount awarded by the Collector. (3) When the applioant has omitted for a sufficient reason (to be allowed by the Judge) to make such olaim, t h e amount awarded to him by the Court shall not beless than, and may exceed, the amount awarded by the Collector. 26. Every award under this Part shall "be in Form rf writing signed by the Judge, and shall specify the twardrde6 amount awarded under seotion 23, sub-section (I), clause (a), and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts. 27. (I) Every such award shall also state the Costs. amount of costs incurred in the proceedings under this Part, and by what persons and in what proportion they are to be paid. (2) Whed the award of tho Collector is not ~~'Ilt'ld,

336 Wori2s o f Defence. [AUT V I ~ C2art $11.-BeJerence ,to Court and Procedzare thereon.-Heeoti0l.1 28. Part ZP.-&portionm ent of Compensation.-Seotiolzs 29-30. P a r t 7.-pay mefit.-Section 31.)

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upheld, the costs shall ordinarily be paid by the Collector, unless the Court is of opinion that the claim of the applicant was so extravagant or that he was so negligent i n putting his case befare the Collector that some deduction from his costs should be made or that h e should pay a part of the Collector's costs. Colleotor may 28. If the sum which, in the opinion of the Court, be directed to the Collector ought to have awarded as compensation pay interest is in exoess of the sum which the Collector did award on excess com~ensa- as compensation, the Court may direct that the Coltion. lector shall pay interest on such excess at the rate of six per centum per annurn from the date of his award to the date of payment of such excess into Court.

PART IV. APPORTIONMENT OF COMPENSATION. Parhiculars 29. Where there are several persons interested, of apportionmerit to be if such persons agree in the apportionment of the s~ifiek ~ o & ~ e n a a t i o the n , partioulars of such apportionment shall b e specified in the award, and as between such persons t h e award shall be conelusive evidence of the correctness of the apportionment. Dispute as to 30. When the amount of compensation has been apportionsettled under section 12, if any dispute arises as to ment. t h e apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, tbe Collector may refer such dispute to t b e decision of the Gourt. PART V. Payment of compensation or deposit of 881318 111

Court.

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31. (1) On making an award under section 12, tho Collector shall tender payment of thYe oompensation

~903.]

Worlb-sof Defe~ce. (Part 7.-Payment,-fleeotiou 31 .)

147

tion awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in sub-seotion (2). (2) If they do not consent to receive it, or if there is no person oompetent to alienate the land, or i E there is any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to whioh a reference under seotion , 18 would be submitted : Provided, first, that any person admitted to be interested may receive suoh payment under protest as to the sufficiency of the amount : ' Provided, secondly, that no person who has received the amount otherwise than under protest shall be entitled to make any applicatidn under section 18 : Provided, thirdly, that nothing herein contained sllall affect the liability of any person, who may receive the whole or any part of any compeneation awarded under this Aot, to pay the same to the person lawfully entitled thereto. (3) Notwithstanding anything in this seotion, the Collector may, wit11 the sanotion of the Local Qovernment, instead of awar'ding a money-compensation in respect of any. land, make any arrangement with a person having a limited interest in such land, either by the grant of other lands in exchange, or by the remission of land-revenue on the same or on other larids held under the same title, or in such other way as mag be equitable having regard to the interests of the parties concerned. (4) Nothing in sub-section (3) shall be construed t o interfere with or limit the power of the Collector to enter into any arrangement with any person interested inbthe land and competent to contract in respect thewof. 32. ( 1 ) If L 2

148 lnvestmeut of money deposited in respect of lands belonging to persons incompetent to alienate.

Works df Befence: (Part P.- Payment.- flectiorz 32)

[ACT V I P

82, ( 1 ) If any money is deposited in Court under section 31, sub-section ( 2 ) , and it appears that t h e lend in respect of which the same was awarded belonged to any peraon who. had no power to alienate the same, the Court shall order the money to be investbd(a) i n the3 purohase of other lands to, be held under the like title and conditions of ownership as the land in respect of whioh suoh money was deposited is held, or, ( 6 ) if such purchase cannot be effected forthwith, .tihen in such Government or other approved securities. as i t thinks' fit ; and shall direct the payment of t l ~ einterest or other proceeds arising from such investment to the person or persons who would;.for the time being have been entitle& to the possession of the said land, and suoh moneys shall remain so deposited and invested until the same are applied(i) in the purchase of suoh other lands as aforesaid ;or (ii) in payment to any person or persons becomi n g absolntely entitled thereto. (2) I n all oases ol: moneys depotsited to whioh this section applies, the Court shall order the cost of the following matters, including therein all reasonable charges and expenses inoident thereto, to be paid by the Collector, namely :( a ) the costs of'such investments as aforesaid; (b) t h e costs of the orders for the payment of the interest or other proceeds of the securities i n which such moneys are for the time being invested, and for the payment out of Court of the principal of such moneys and the costs of all proceedings relating thereto, except such as may be occasioned by litfigstion between adverse olaba.nts.

33. If

(Pad P.-Payme~t.--8ectkocns 33-34. Part PI.XisceZ2tmeous.-8ectio92 36.)

33. If any money is deposited in Court under this Act for any cause other than that mentioned in section 32, the Court may, on the application of any party interested or claiming an interest in such money, order t h e same to be invested in auch Government or other approved securities as it thinks fit, and may direct t h e interest
Investment

O d p , fm ~ $ :$ i other

oases.

payment of intereat-

PART VI.

35. (1) Service of any notioe under tbis Act shall be made by delivering or tendering a copy thereof 'signed, in t h e case of a notice under section ,3, subseotion (2), by the officer therein mentioned, and, i n the case of any other notice, by or by order of t h e .Collector or the Judge. (2) ,Whenever it may be practicable, the service of the notice shall be made on the person therein named. (3) When such person cannot be found, the ,service may be made on any adult male member of his family residing with him ; and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in whioh the " person tharein named ordivrarily dwells

service ,f notices.

or carries on business, or by fixing a copy thereof in some conspicuous place in t h e office of the officer doresaid or of the Collector or in the court-house and also in some conspicuous part of the land upon which restrictions are to be imposed : Provided that, if the Collector or Judge so directs, a notice may be sent by post in a letter addressed to the person named therein at his last known residence, address or place of business, and service of it may be proved by the production of the addressee's receipt Penalties. 36. Whoever wilfully(a) obstructs any person in doing any of the acts authorized by section 4, section 6 or section 8, or (b) destroys, damages, alters or otherwise interferes with the ground-level or any work done under section 6, or (c) contravenes any of the provisions of section 7 or any condition prescribed thereunder, shall be punishable with imprisonment for a term which may extend to one month; or with fine whioh may extend to fifty rupees, or with both, and, in the case of a continuing offenoe, with an additional fine which may extend to five rupees for every day after the first in regard to which he is convicted of having persisted in the offence ; and any expenses incurred in removing the effects of his offence may be recovered from him i n the manner provided by the law for the time being in force for the recovery of bnss. Magistrate 37. I f the Colleotor or officer authorized under t o enforce the terms of ~ection 6 is opposed or impeded in doing anything the Aot. directed or permitted by this Act, he shall, if a Magistrate, enforce compliance, and, if not a Magistrate, he shall apply to a Magistrate or (within the towns of Calcutta, Madras, Bombay and Rangoon) tn tho Commissioner of Police, and such Magistrate or Commissioner

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Commissioner (as the oase may be) shall enforce

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(3) The provisions of Part 111 shall apply, so far 'as may be, to the determination of the compensation' pay able under this section. 39, (1) The provisions of this. dot shall not be Demolition put in force f o r the purpase of demolishing or acquiring the right to demolish a part only ~f any house, building an manufactory or other building, if the opner desires, imposition t h a t the whole of such house, manufactory or build- f o ~ ~ ~ ing shalI be demolished or thgt the right to demolish OE land. the aholc of it shall be acquired : Provided that the owner may at any time before the Collector has made his awprd wder section 12, by notice in writing, vithdraw or modify his expressed desire that the whole of such house, manufagtory o r building: shall be demolished, or that the right. to demolish the whole of it shall bg acquired : Provided, also, that, if any question shall arise as t o whether any building or other. construction prom posed to be demolished under this Act does ordoes not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to'the

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(Part TI.-Bllisce1lmeo~s.-Sections

40-41.)

not be demolished until after the question has been determined. I n deciding on such a reference the Court shall have regard to the question whether the building or other construction proposed to be demolished is reasonably required for the full and unimpaired use of the house, manufactory or building. (2) If, in the case of any alaim of the kind referred to i n section 23, sub-section ( I ) , clause (o), by a person interested, on account of ceasing to be able to use t h e land, upon the use, and enjoyment of which restrictions are to be imposed, conjointly with his other land, the Local Government is of opinion that the claim is unreasonable or excessive, q> it may, a t any time before the Collector has made his award, order the imposition of restrictions upon the whole of the land of whioh the land upon the use and enjoyment of whioh it was first sought to impose restriotions forms a part. (3) 1n the case provided for by sub-section (2) no fresh declaration or other proceeding under sections 3 to 1 0 shall be necessary ; but the Collector shall without delay furnish a ~ o p yof the order of t h e Local Government to tbe person interested, and shall thereafter proceed to make his award under section 12. (4) Notwithstanding anything contained in section 7, olause (a),any land, upon the use and enjoyment of whioh restrictions are imposed under thib section, may be inoluded in the outer boundary, even though its distance from the crest of the outel parapet of t h e work exceeds two thousand yards. Exemption 40. No award or agreement mlde under this fromatampduty and Act shall be chargeable with stamp-duty, and no f eea. person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same. 41, No suit or other proceeding shall be comNotice in cEse of menced or prosecuted against any person, for anyfor anything thing done i n pursuance of this Act, without giving done in pur. suance of to Act.

( P a r t PI.- Misce1laneozcs.- Sectioms 42-44.) to such person a month's previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amends. 42,Save in so far as they may be inconsistent Code of Civil with any thing oontained in this Act, the provisions Procedure to apply to XIV of 1882. of the Code of Civil Prooedure shall apply to all proceodinga before Court. proceedings before the Court under this Act. 43. Subject to the provisions of the Code of Appealsin xIv of 1882- Civil Procedure applicable to appeals from original ~ g ~ $ , decrees, an appeal shalldie to the High Court from the award or from any part of the award of the Court i n any proceeding under this Act. 44, (1) The Governor General in Council and Power to the Local Government, with the previous sanction of make Y the Governor General in Council, may make rules for the guidance of officers in all matters connected with the enforcement of this Act. (2) The power to make rules under sub-section ( 1 ) shall be subject to the condition of the rules being made after previous publioation. (3) All rules made under sub-section (1) shall be published i n the local offioial Gazette, and shall thereupon have effect as if enacted in this Act.

,~.

ACT No. I

OF 1903,

(Received t8e assel%t o f the Boverltor General on the 20th Marcli, 1903.)

A n Act to extend to all High Courts the power t o grant Probates of Wills and Letters of Administration having effect throughout British India., and to confer upon District Judges t h e power to grant such probates in certain cases. WBEREAS it is expedient to extend to all High

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~lborttitle.

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Courts the power to grant probates of wills and letters of administration having eEPect throughout British India, and to oonfer upon District Judges the power to grant such probates in certain cases; It is hereby enacted as follows :1. This Act may be called the Probate and Administration Act, 1903. ->

The Indian ~hccession~ c t '1866. ,

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2. In the Indian Succession Act, 1865, the follow- x or 1865. ing amendments shall be made, namely :242A,244, (1) I n section 187, for the words "within the 246 and 260, ~~tX, 1865. Provinoe" the words " in British India," and for the words " under the one hundred and eightieth seotion " the words with the will, or with a oopy of an authenticated copy of the will, annexed," shall respectively be substituted. (2) To section 2412 the following proviso shall be added, namely :"Provided that probates and letters of administration granted(a) by a High Court, or ( 6 ) by

Amendmenb

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P ~ o b a t euad Bdm8fit~t.r~ lime

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( b ) by a District Judge, where the deceased at the time of his death had his fixed place of abode situate within the jurisdiction of such Judge, and suoh Judge certifies tbat the value of the property and estate affected beyond the limits of the Province does not exceed ten thousand rupees, shall, unless otherwise directed by the grant, have like effect throughout the whole of British India." (3) After the said proviso the following section shall be inserted, namely :6 6 2428. (1) Where probate or lotters of adminis- Tr8,smjssim tration has or have been granted by a High Court or $High District Judge with the effect referred to in the pro- :':$Off""' viso to section 242, the High Court or District Judge pants under shall send a certificate thereof to the following (lourts, namely :( a ) when the grant has been made by a High Court, to each of the other High Oourts, (b) when the grant has been made by a District Judge, to the High Court to whicb suoh District Judge is subordinate and to each of the other High Courts. (2) Every certificate referred to in sub-seotion (1) &all be to t h e following effect, namely :-I, A. B., Registrar [or as the case may be] of the s i g h Court of Judicature a t tor os the case way be 1, hereby certify that on the , the High Court of day of [ov as the case mug be] Judicature a t granted probate of the will [or letters of administra,deceased, tion of the estate] of B. D., late of and C.H. of t o E. 2'. of and that such probate [or letters] has [or have], effect over all t h e property of the deceased throughout the whole of British India ;' and such certificate shall be filed by the High Oourt receiving the same. (3) Where any portion of the assets has been stated

U

b

Addition to statement in petition, eta., probate or letters of administration in oertain oases.

stated by the petitioner, as hereinafter povidkd in seotions 244 and 2.46, to be situate within the jurisdiction of :a District Judge in another Province, the Court required to send the certificete referred to in sub-seotion (1)shall send a copy thereof to suoh District Judge, and suoh copy shall be filed by the District Judge reoeiving the same." (4) To seotions 244 and 246, respectively, the following paragraph shall be added, namsly :" Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another Provinoe, the petition shall further state the amount of such assets in each Province and the District Judges within whose jurisdiotion such assets are situate." (6)After section 246 the following section shall be inserted, namely :-"2468. ( 2 ) Every person applying to any of the Courts mentioned in the proviso to section 242 for probate of a will or letters of adminiatration of an estate intended to have effect throughout British India, shall state in his petition, in addition to the matters respeotively required by section 244 and seotion 246 of this Act, that to the best of his belief no application hassbeen-madeto any other Court for a probate of the same will or for letters of administration of the same estate, intended to have such effect as last aforesaid, or, where any such application has been made, the Court to whioh'it was made, the person or persons by whom it was made and the proceedings (if any) had thereon. (2) The Court to whioh any such application is made under t h e proviso to section 242, may, if it thinks fit, rejeot the same." (6) To seotion 250 the following paragraph shall be added, namely :a Where any portion of the assets has been stated by the petitioner to be situate within the jqyisdiction 0E

1903.I

B ~ o b aet an$ Admiwishatio~z.

157

of a District Judge in another Province, the District Judge issuing the same shall cause a copy of the citation to be sent to such other District J?udge, who shall ~ u b l i s ht h e same in the same manner as if if; were a citation issued by himself and shall certify such publication to the District Judge who issued the citation." (7) After section 277 the following section shall 'be inserted, namely :" 2778. I n all cases where a ~ r a n has t been made Inventory to of probate or letters of administration intended to have effect throughout the whole of British India, any part of the executor or administrator shall include in the inventory of t h e effects of the deceased all his move- ,,,,,, able or immoveable property situate in British India, and the value of such property situate in each Province shall be separately stated in such inventory, and the probate or letters of administration shall be chargeable with a fee corresponding to the entire amount or value of the property affected thereby wheresoever situate within British India."'

gi$yio

Etftaiyaia

71 of 1881.

The Probate and Admi~istrationAct, 1881. 3. I n the Probate and Administration Act, 1881, Amendment the following amendments shall be made, namely :( l ) . l n section 69, for the proviso the following ~ ~ ~ $ , ~ ~ e , proviso shall be substituted, namely :a Provided that probates and letters of administration granted(a) by a High Court, or ( 6 ) by a District Judge, where the deceased at the time of hi8 death had his fixed plac80f abode situate within the jurisdiction of such Judge, and such Judge certifies that the value of the property affected beyond the limits of the Province does not exceed ten thousand rupees, shall, unloss otherwise directed by the grant, have like effectthroughout the whole of British India." (2) For

~~~~~~

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I,

(2) For section 60 tho following section shall be substituted, namely :Transrnissi~n '' 60. ( 1 ) Where probate or letters of administrat o High ~ ~ tion has~ or have~ been granted ~ byf Court~ with the~ tificates of effect referred to in the proviso to section 59, the gRnts High Oourt or District Judge shall send a oertifioate proviso to seotion 59. thereof to the following Oourts, namely ;[a) when the grant has been made by a High Court, to each of the other High Courts, ( b ) when the grant has been made by a District Judge, to the High Court to which such District Judge is subordinate and to eaoh of the other High Courts. (2) Every certificatk referred to in sub-section (1) shall be to t h e following effect, namely :I, A. B., Registrar [OP as the case mag be] of the High. Court of Judicature at [ o r as the case .may be], hereby certify tbat on the day of the High Court of Judicature at Lor a s the case may be] granted pro bate of the will COT letters of administration of the estate] of 0.D.,late ,deceased, to 3. J.of and G.E. of of ,and that suoh probate [ o r letters] has [or have] effeot over all the property of the deceased throughout the whole of British India ;' and such certificate shall be filed by the High Co~lrtreoeiving the same. (3) Where any portion of the assets has been stated by t h e petitioner, as hereinafter provided in sections 62 and 64, to be situate within the jurisdiction of s District Judge in another Province, the C a r t required to send the oertificate referred to in sub-section (1) shall send a aopy thereof to such District Judge, and such copy shall be filed by the Uistrict Judge receiving the same." (3) To sections 62 and 64, respectively, the following paragraph shall be added, namely :c 6 When the application is to the District Judge md any portion of the assets likely to come to the petitioner's

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1903.1

Probate arid AdmbtistratQoa.

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petitioner's hands is situate in another Proviaoe, the petition shall further state the amount of such assets in each Province and the District Judges within whose jurisdiction such assets are situate." (4) To section 69 the following paragrlph shall be added, namely :-"Where any portion of the assets has been stated by the petitioner to be situate within the jurisdiction of a District Judge in another Provinco, the District Judge issuing the same shall oause a copy of the citation to be sent to such other District Judge, who shall publish the same in the same manner as if it were a citation issued by himself and shall certify suok publication to the District Judge who issued the citation.')

Repeals. of 1875 4. The Probate and Administration Act, 1875,Repeela. sections 2, 3, 4 and 5, and the Probate and Adminisis?-, tration Act, 1877, are hereby repealed.

ACT No. I X OF. 1903. PASSED BY THE GOVERNOR GEIERALOF INDIA

IN

COUNCIL.

(Received the assent of the Govermor General om the 20th March,

1903.) ---

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A n Act to provide for the levy of customsduty on Indian tea exported from British India, and to amend section 5 of the Indian Tariff Act, 11894.

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W H E R E A S it is expedient to provide for the crea-

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Short tit1 e and

Definitious.

tion of a fund to be expended for the promotion of the interests of tlie tea industry in India by a Committee speoially constituted in this behalf ; and whereas for this purpose it is expedient to levy customs-duty on tea produced in India and exported from British India, and to amend section 5 of VIII of the Indian Tariff Act, 1896 ; 1894. It is hereby enacted as follows :1. (I) This Act may be called the Indian Tea Cess Act, 1903 ; and (2) I t extends to the whole of British India except Aden. 2. I n this Act,(a) " Collector " means, in reference to tea exported by sea, a Customs-collector as defined in clause (c) of section 3 of the Sea Customs Act, 1878, and, in reference to tea passing VIII of out of British India by land, the Collector 1878. of the distriot ; ( 6 ) ('tea cess " means the customs-duty imposed by section 3 of this Act and by section 6 of the Indian Tariff Act, 1894, as amended vrr1 of by this Act ; and 1894. (c) '(Tea h

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(c) "Tea Cess Oommi'ttee" means the Committee constitutedander section 41. 3. On and from the first day of April, 1903, a Imposition of

customs-duty shall be levied and collected on all tea duty onof produced in India and exported from any customs- Indian tea. port to any port beyond the limits of British India or to Aden at the rateof one-quarter of a pie per pound, or at such lower rate as the Governor General in Council may, on the recommendation of the Tea Cess Committee, prescribe'by notification in the Gaeette of 1ndi"a. 4. ( 1 ) The Governor General i n Counoil shall 2~:l~;, constitute a Committee to receive and expend the Committee. proceeds of the tea cess. (2) The Committee shall in the first instance oonsist of- twenty members, who shall be appointed by the Governor General in Council on the recommend1 ation of the following bodies and authorities namely :-(a) three on the re~ornrnendatio~ of the ' ~ e n ~ a l Ohamber of Commerce, and one on the recommendation of the M adras Chamber of Commerce ; ( b ) seven on the recommendation of the Indian Tea Association, Calcutta ;and (c) nine on the recommendation of such.respective bodies or authorities interested in the production of tea in India, and established in British India, as the Governor General in Council may appoint in this behalt : Provided that if, within the period prescribed in this behalf by rules made under this Act, auy of the said bodies or authorities fails to make any recommendation, or to make the full number of recommendations which it is entitled to make, the Governor General in Council may appoint the required number of members of the Commitfee of his own motion without such recommendation. (3) Whsnever any member appointed either on the "

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.the recommendation of any body or authority referred to in sub-section (S),or in default of such reoommendation, dies, resigns, ceases to reside in British India or becomes inoapable of acting as a member of the Committee, the Governor General in Council may, in his discretion, on the reoommendation of such body or authority, or in defaylt of suoh reoommendation, appoint another person to be a member in his stead. (4) No act done by the Tea Cess Committee shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the oonstitution of, the Committee. Application 5. (1) At the close of each month, or as soon proceede thereafter as may be oonvenient, the Collector shall of tea oess. pay the proceeds of the tea cess, after deduoting the expenses of collection (if any), to the Tea Cess Committee. (2) The said proceeds and any other moneys rcoeived by the Committee i n this behalf shall be applied by the Committee towards meeting the cost of suoh measures as tho Committee may consider i t advisable to take for promoting the sale and increasing the consumption in India and elsewhere of teas produced in India. Keeping and 6. (1)The Tea Cess ~ o m m i t t e eshall keep accounts auditing of all money received and expended under section 5. aaaounts. (2) Suoh*accountsshall be examined and audited annually by auditors appointed in this behalf by the Governor General in Council ; and such auditors may disallow any item which has, in their opinion, been expended out of any money so reoeived otherwise than as directed by or under this Act. (3) If any item is disallowed, an appeal shall lie to the Governor General in Council, whose deoision eball be final. Tower to 7. (1)The Governor General in Council, after make rules. consulting the Tea Cess Committee and after previous publication, may make rules to carry out the purposes of this Aot. " (2) In

(2) I n particular and without prejudioe to the generality of the foregoing power, suoh rules may provide for(&) the nomination and appointment of members of the Committee,and the procedure of the Oommittee, (b) the levy and payment of the cea, and (c) the form of a.coounts,to be kept and the publioation of an abstract of such aocounts with the report of the auditors thereon; (3) All such rules shall be published in the Gazette of India. 8. I n section 6 of the Indian Tariff Act, 1894, for Amendment the words " shall be levied at the rates respectively ely: f ; ~ ~ I presoribed i n the second, third and fourth schedules ,,,tionE. on goods passing by land out of, and in the fifth sohedule on goods passing by land into " the words a t suoh rates as may be presoribed by os under this Act or by or under any law for the time being in force relating to customs-dutiee on imports and exports, respectively, into and from ports, shall be levied on goods passing by land out of or- into " shall be substituted. 9. Sections 2 to 7 shall remain in force only until Time during the thirty-first day of Maroh, ,1908 : whio seatione h 2 to Provided that the Governor General in Council :eg;cin may, on the reoommendation of the Tea Oess Come for,, mittee, deolare, by notification in the Gazette of India, that the said sections shall continue in force for any further period specified in such notification. 10. If any proceeds of the tea oese or any moneys Disposal of so received as aforesaid remain unexpended when seaof tions 2 to '7 oeaee to be in force, they shall vest in His tea cess. Majesty.

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ACT 'NO. X OF 1903. PASSED BY THB GOVERNOE GDNERAL.OF INDIA IN COUNOIL. (Received tAe assent of the Governor Genera2 ola the 20th Mard 1903.)

An Act to provide for the erection and management of the Y ictoria, Memorial at Calcutta. WHBREAS it ia intended to erect at Calcutta a

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8hort title and commencement.

Trustees.

building as a Memorial of the Life and Reign of Her late Majesty Victoria of the United Kingdom of Great Britain and Ireland Queen, Empress of India, and for this purpose large sums of money have been ' eubsoribed by the Princes and People of India ; And whereas at a meeting of subscribers held in Calcutta certain persons were appointed a Provisional Executive Committee ,to take the custody of the said moneys ; And whereas it is expedient to make provision for the erection, maintenance and management of the Memorial and for the appointment of 'a permanent body of Trustees ; It is hereby enacted as follows :1. (1) This Act may be called the Victoria Memorial Act, 1903 ;and (2) It shall come into force at once. 2. (I) The Trustees of the Victoria Memorial (hereinafter called the Trustees) shall be the followings namely :(a) the Governor General of India, ( 6 ) the Lieutenant-Governor of Bengal, ( 0 ) the Chief Justice of Bengal, (dl) two persons of high rank nominated by the Governor General to represent the Chiefs and Nobles of India, (e) the Becretary to the Government of 1ndia in the Foreign Department, ( f ) tlafs

( f ) the President of the Bengal ahamber of Commerce, ( g ) the Chairman of the Corporation of Calcutta, and ( h ) such and so many persons as shall from time to time be nominated by the trustees with the approval of the Governor General to represent the general body of subscribers. (2) The Trustees shall be a body corporate, with perpetual succession by the name of " The Trustees of the Victoria Memorial" and a common seal, and in that nzme shall sue and be sued, and shall have power to acquire and hold property, to enter into contracts, and to do all acts necessary for and consistent with the purposes of this Aot. (3) All acts done by a majority of those prewnt and voting a t a meeting of the Trustees shall be deemed to be acts of the Trustees. (4) No act of the Trustees shall be deemed to be invalid merely by reason of any vacancy in, or defect in the constitution of, the body of the Trustees. (6) I n the case of ex oflcio Trustees -the person for the time being performing the duties of any of the officesmentioned in sub-seatiom (1)shall act as a Trustee. ( 6 ) The Trustees may appoint a person to act as , their Secretary. (7') Orders for the payment of money on behalf of the Trustees shall be deemed to be sufficiently authenticated if signed by two Trustees and countersigned by the Secretary. 3. All sums of money now in the custody of the Properfs said Provisional Executive Oommittee and all other g,"$iS: property, whether moveable or immoveable, which have been or may hereafter be given, bequeathed or otherwise transferred for the purposes of the said Memorial or acquired for the said purposes by the Trustees shall vest in the Trustees. '

4. All

Officere and ;;gta t o be eervbnfs.

Rules.

4. All officers and servants employed by the Trustees shall be deemed to be public servants within XLV of It the meaning of the Indian Penal Code : Provided that this section shall not apply to persons in the service, of any contractor employed by the Trustees. 5. (1)The Governor General in Oouncil may make rules to carry out the purposes of this Act. (8) In partioular, and without prejudice to the generality of the foregoing power, suoh rules may provide(a) for the manner in which Trustees, other thanex oficio Trustees, shall be appointed, aqd for the periods of time for whioh such Trustees shall hold office ; (8) for the manner in which meetings of the Trustees shall be convened, the quorum necessary for the transaotion of business, and the procedure at such meetings; (c) for the appointment of Committees of the Trustees, and the powers of expenditure and control whioh may be delegated to such Committees ; (a) for the ereotion, maintenance and management of the.Memoria1, the care and custody of the objects deposited therein, and the conditions under which the public shall have access thereto ; (e) for the form of accounts to be kept by the Trustees, and for the audit and publioation of such accounts ;and (f) for the application to the offlcers and servants employed by the Trustees of the rules which apply to the civil servants of the Crown, or to any class of such civil servauts.

ACT NO. XI-OF 1903.-

8

GENDRAL oP INDIA IN COUNOIL, (Received the asse~to f the Goverlzor Genera2 on the 26th March, 190J.) P A S S ~ D sr TEB QOVDRNOB

II of 1888.

1886*

An Act further to amend the Indian Incometax Act, 1886. WHEREAS it is expedient further to amend the Indian Income-t ax Aot, 1866 ; It is hereby enaoted as follows :-I, (1) This Act may be called the Indian Inoorne- shorttitle and corntax (Amendment) Aot, 1903; and mencement. (2) It shall come into force on the first day of April, 1903. 2, (1) I n section 6, sub-seation (I), clause ( j ) ,of the Indian Income-tax Act, 1886, for the words #' five ~sss. hundred " the words "one thousand " shall be substituted. (2) I n section 41 of the said Act, for the words "forty-one rupees ten annas and eight pies" and five hundred", the words " eighty-three rupees five annas and four pies " and '' one thousand", respectively, shall be substituted. (3) I n the second column of Part 111 of the Second Schedule to the said Act, for the figures a 600 " the figures 1,000 " shall be substituted. (4) For sub-head (a) in the second column of Part IV of the said Schedule the following sub-head shall be substituted, namely :c 6 (a) If the annual income is assessed at-

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ACT No, XI1 OF 1903. PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNOIT,. (Received the a s s e ~ t of the Governor General on the 28thAzagzcst, 1903.)

An Act further to amend the Indian Tariff Act, 1894.

VIII of l a

W H E R E A S it is expedient further to amend the Indian Tariff Ast, 1894; It is hereby enacted as follows :1. ( 1 ) This Act may be called the Indian Tariff Short title and duration. (Amendment) Act, 1903. (2) Section 3 shall remain in force until the thirty-first day of March, 1904. 2. I n section 8 A , sub-section ( I ) , of the Indian Amendment' of section8*- Tariff Act, 1894, as amended by sectlon 2 of the V l I Aot VII, Indian Tariff Amendment Act, 1899, before the words XIV of 189 1894. c c the exportation therefrom" the words '' the production therein or " shall be inserted. 3. After section 8B of the 1ndian Tariff Act, 1894, VII I of 18 Addition of "Ow 8BC' as amended by seotion 2 of the Indian 'I'ariff (Amendtion, 8C. to ment) Act, 1902, the following section shall be added, "111 of 19 A OVIII, ~ 1894. ramely :" 80. Notwithstanding that the condition preceContinnadent to the imposition of a duty under section 8 8 tion of dutiescharge- may have ceased to exist, and notwithstanding any. able under seotion 8 8 or thing in section 1, sub-section (a), of the Indian Tariff V I I I O19 ~ 8B on 31st (Amendment) Act, 1902, any duties which may have August, 1903. been imposed and are chargeable under section 8A or section 8B on the thirty-firet day of August, 1903, shall continue to be chargeable in aocordanoe with any rules in force on the said date : Provided that the Governor General in Council may, by notification in the Gazette of India, reduce the rate a t which any such duty is levied, and amend or vary any such rules as aforesaid.''

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1903.1

I;ep ers . *

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ACT No. XIII OF 1903. PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNUIL. (Received tAe assent of the Govevnov Gelteral olt the 18th September, 1903.)

An Act further t o amend the Lepers Act,

a

1898. WHEREAS it is expedient further to amend the Lepers Act, 1898, by providing for the segregation and medical treatment in British India of lepers belonging to Native States; It is hereby enaoted as follows : 1. This Act may be called the Lepers (Amend- Shorttitle. rnent) Act, 1903. 2. After section 18 of the Lepers Act, 1898, the new Addition of seotion following seotion shall be added, namely : after seotion 18, A0t 111, 1898. " 19. The Governor General in Council may, by Lepers from Native notifioation in the Gazette of India, direct that any 8tatea, leper or class of lepers, with respect to whom an order for segregation and medical treatment has been made by a Magistrate having jurisdiction within the territories of any Native Prince or State in India, may be sent to any leper-asylum specified in such order ; and thereupon the provisions of this Act and of any rules made thereunder shall, with such modifications not affecting the substance as may he reasonable and necessary to adapt them to the subjeotmatter, apply to any leper sent to a leper-asylum in pursuance of such notification as though he had been sent by the order of a Magistrate having jurisdiction under this Act."

ACT No. XIV OF 1903. PASSED BY rna, G o v s a ~ o aGENBRALOF INDIAIN COUNOIL.

An Act t o give effect to the Foreign ~ a r r i a ~ i s Order in Council, 1.903,

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Short title, extent and application.

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1. (I) This Act may be called the Indian Foreign Marriage Act, 1903 ; (2) It extends to t h e whole of ~ r i t i s hIndia, inclusive of British Baluchistan, the Santhal Par-

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Notite of marriage iute~ldedto be under , 56&66

Vict., 0. 23.

(3) It applies also to all British subjects and to all servants of the King, whether British subjects or not,-in the territories of any Native Prince or State in India. 2. (1) Notice in writing of a marriage which it is intended to solemnize under the J1oreign Marriage 66 & 56 Act, 1892, may be given by one of the parties intend- Vict.po. a3. ing such marriage, to(a) a Marriage Registrar appointed under the xv o~ 187 Indian Christian Marriage Act, 1872, where either of such parties is a person professing the Christian religion ; ( b ) a District ~ a ~ i s t r k tChief e , Presidency Magistrate or Political Agent, where neither af such parties is. a person professing the Ohristian religion : Provided that the party giving such notice ae aforesaid shall have had his usual place of abode for

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171

not less than three consecutive weeks immediately preceding the giving of notice within the local limits of the area for which the Marriage Registrar, Magistrate or Political Agent to whom the notioe is given, is appointed. (2) Every notice given under this section shall state(a) the name, surname, age and profession of condition of each of the parties intending marriage ; (b) the residence of each of them ; (c) the time during which eaoh of them has dwelt there; and (d) the place in which the intended marriage is to be solemnized ; and it shall contain a declaration by the pattoy giving the notice to the effect that he believe6 that there is no impediment of kindred or affinity or other lawful hindrance to the solemnization of the said intended marriage. (3)A copy of every notice given under this section shall be published by being affixed in some conspicuous place in the office of the officer to whom the notice is given. (4) On the expiration of four clear days after ,such notice as aforesaid has been published in the mamer prescribed by sub-section (3), the oficer to .whom the notice is given, unless be is aware of any impediment of kindred or affinity or other lawful hindrance to the solemnization of the said intended marriage, shall, on payment of such fee (if any) as the Governor General in Council may fix in this behalf, furnish the party by whom the notice was given, with a certificate, under his hand and seal, to the effect that the notice has been so given and published '

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THE INDIAN EXTRADITION ACT, 1903 (XV OF 1903). OONTENTS. CHAPTER I.

P RBLIMINARY. SECTIONS. 1. Short title, exknt and commencement. 2. Definitions. CHAPTER 11. SURRENDER OF FUGIITIVE CRIMINALS I N OASE OF FOBIIUN STATES. 3. (1) Requisition for surrender. (2) Summons or warrant for arrest. (3) Inquiry by Magistrate. (4) Committal. (6) Bail. ( 8 ) Magistrate's report. (7) Refereuce to High Court if Government thinks necessary. (8) Warrant for surrender. (9) Lawfulness of custody and' re-taking under warrant for surrender. (10) Discharge of fugitive criminnls committed to prison after two months. ' 4. ( 1 ) Power to Magistrate to issue warrant of arrest in certain cases. (2) Issue of warrant to be reported forthwith. (3) Person arrested not to ,be detained unless order received. (4) Bail. 5. (1) Power of Government to refuse to issue order under section 3 when crime of political character. (2) Power of Government to discharge any person in custody at any time. 6. References to " Police Magistrate " and Seoretary of State" in section 3 oE Extradition Act, 1870.

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CHAPTER 111. SURRENDER O F ~?UGITIVE CRIMINALS I N UASB OF STATES OTHER THAN FOBEIGN STATES. 7. (1) Issue of warrant by Political Agents -in certain cases. (2) Execution of such warrant. (3) Proclamation

d

SEOTIONS.

(3) Proclamation and attachment i n case of person6

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absconding. 8. (I) Release on giving security. (2) Magistrate to retain bond. (3) Re-arrest in case of default. (4) Deposit in lieu of bond, and forfeiture of bonds. 9. Requisitions by States not being Foreign States. 10. ( I ) Power to Magistrates to issue warrants of arrest i n certain cases. 2) Issue of warrant to be reported forthwith. imit of time of detention of person arrested. l3) (4) Bail. 11. (I) Surrender of person accused of, or undergoing sentenoe for, offence in British India. (2) Suspensior of sentence on surrender. 19, Application of Chapter to convicted persons. 13. Abetment and attempt. 14. Lawfulness of custody and re-taking under warrant issued under Chapter. 15. Power of Government t o stay proceedings and discharge persons in custody. 16. Application of Chapter t o offences committed before its commencement. 17. (I) Receipt in evidence of exhibits, depositions and other documents. (2) Authentication of the same. (3) Definition of warrant 18. Chapter not to derogate from treaties.

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CHAPTER IV. OBPENDERS IN HISMAJESTY'S RENDITIONOF FUGITIVE DOMINION^. 19. Application of Fugitive Offenders Aot, 1881., CHAPTER V. 20. Requisition for surrender in case of offencecommitted a t sea.

CHAPTER VI.

EXEOUTION OF COMMISSIONS ISSUED

BY CRIMINAL COURTSOUTBRITISH INDIA. 21. Exeaution of commissions issued by Criminal Courts outside British India. C HAPT S ti VII.

SIDE

CHAPTER VII.

22. Power to make rules. 23. Detention of persone arl.ested under section 64, clause seveatfily, Act V, 1898. 24. Repeals.

THE FIRST SCHEDULE.-EXTRADITION OFPENODB. THE SECOND SC HEDULE.-EWAOTMENTS RIOPBALED.

ACT Noe XV OF 1903.

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(Received the asselzt o f the G o v e n t o ~Uelteral on the 4th November, 1903.)

An Act to consolidate and amend the law relating t o the Extradition and Rendition of Criminals, W H E R E A S it is expedient to provide for the more

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69.

convenient administration in British India of the Extradition Acts, 1870 and 18'73, and of the Fugitive Offenders Act, 1881; and whereas it is also expedient to amend the law relating to the extradition of criminals in cases to whioh- the Extradition Acts, 1870 and 1873, do not apply ; It is hereby enacted as follows :CHAPTER I.

PRELIMINARY. .L

1, (1) Thia Act ma? be called the Indian Extra- short title, dition Act, 1.903. extent and oommenoo= (2) I t extends to the whole of British India (in- ment. cluding British Baluchistan, the Santbal Parganas and the Pargana of Spiti) ; and . (3) It shall come into force on suoh day as the Governor General in Council, by notification i n the Gazette of India, may direct. 2, In tbis Act, unless there is any thing repugnant Definitionr, in the subject or context,(a) '' European British subject " means a European British subject as defined by the Code of Criminal Procedure for the time being in force : (6) " extradition

(Chapter 11.-Surrender of Fugitive 0r.inaiqats ia case of Foreign States.-Section 3.) (b)

extradition offence " means any such offence as is described i n the first schedule : (c) cc Foreign State " m.eana a State to whicb, for the time being, the Extradition Acts, 1810 and 1873, apply : (d) " High Oourt " means the High Oourt as defined by the Code of Oriminal .Procedure for t h e time being in force : (e) cc offence '' includes any act wheresoever' committed which would, if committed in British India, constitute an offence : and ,' ( f ) " rules '' include prescribed Forms. 6'

OHAPTER 11.

Requisition amrender. ,

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Summons or warrant .fos arrest.

SURRENDER OF FUGITIVB CRIMINALS IN CASE OF FOREIGN STATES. 3. (1) Where a requisition is made to the Government of India or to any Local Government by the Government of . any Foreign ' State for thesurrender of a fugitive criminal of that State, who is in or who is suspected of being i n British India, the Government of India or the Local Government, as thi! case may. be, may, if it thinks fit, issue an order to any Magistrate who would-have had jurisdiction to inquire into the crime if i t had been a n offe~cecommitted within the local limits of his jurisdiction, directing him to inquire into t h e case. (2) "The Magistrate so directed shall issue a summons or warrant for the arrest of the fugitive oriminal according as t h e case appears to be one in which a

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(Qhaptei IT.-Szcrrefide~ of Fagithe ~ r i r n i ~ a lits s case of Foreign, #tales.-Sectioiv 3.)

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Court, and shall take such evidence as may be produoed in support of the requisition and on behalf of the fu-giti.ve criminal, including any evidence to show *&hatthe crime of which such criminal is acoused or alleged to have been convioted is an offenceof a political character or is not an extradition orime. (4) If the Magistrate is of opinion that a prima Committai. facie case is made out in support of the requisition, he may commit the fugitive criminal to prison to await the orders of the Government of India or the Looal Government, as the oase may be. (6) I f the Magistrate is of opinion that a prim& Bail. facie case is not made out in support of the requisition, or if the case is one whioh is bailable under the provisions of the Oode of ariminal Procedure for the time being in force, the Magistrate may release the fugitive criminal on bail. (6) The Magistrate shall report the result of his Magistratewe inquiry to the Government of India, or the Local Government, as the case may be, and shall forward, together with suoh report, any written statement which the fugitive criminal may desire to r~ubmitfor the consideration of the Government. (7) i f the Government of India or the Local Reference to Government,, as the case may be, is of opinion that [ ~ ~ v ~ ~ such report or written statement raises an important thinks question of law, i t may make an order referring suoh neoessaa. question of law to such High Court as may be named in the order, and the fugitive criminal shall not be surrendered until such question has been decided. (8) If, upon receipt of suoh report and statement or Warrant for upon the decision of any such question, the Govern- amenderment of India or the Local Government, as the case may be, is of opinion that the fugitive criminal ought to be surrendered, it may issue a warrant for the custody and removal of such criminal and for his delivery at a place and to rt person to be named in the warrant. 19) ~t N

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(Chapter 11.-8zcrre~der of Pagitive C r i m h a k ip, case of Poreign tYtates.-Sectioa 4.) (9) It shall be lawful for any person to whom a warrant is directed in pursuance of sub-section (8), to receive, hold in custody and convey the person mentioned in the warrant, to the place named in the warrant, and, if such person escapes out of any custody to which he may be delivered in pursuance of suoh warrant, he may be re-taken as a person accused of an offence against the law of British India may be re-taken upon an escape. Disoharge of (10) If such a warrant as is prescribed by sub-secfugitive tion (8) is not issued and executed in the case of any ol.iminaIs committed to fugitive criminal, who has been committed to prison prison after under sub-seotion (4), within two months after such tvo months. committal, the High Court may, upon application made to i t on behalf of such fugitive criminal, and upon {roof that reasonable notice of the intention to ma e such application has been given to the Qovernment of India or the Local Government, as the case may be, order such oriminal to be discharged, unlese sufficient cause is shown to the contrary. Power to 4, (1) Whereit appears to any Magistrate of the to issue Magistrate first class or any Magistrate specially empowered by the Local Government in this behalf that a person warrant OE al~est'in within the local limits of his jurisdiction is a fugitive certain cases. criminal of a Poreign State, he may, if he thinks fit, issue a warrant for the arrest of such person, on such information or complaint and on such evidence as would, in his opinion, justify the issue of a warrant if the orime of which he is accused or has been convioted had been committed within the local limits of his jurisdiction. Issue of war(2) The Magistrate shall forthwith report the rant to be reissue of a warrant under this section to the Local ,,,bd f ortbwith. Government, Person (3) A person arrested on a warrant issued under arrested not to be detained this section shall not be detained more than two unless order months unless within that period the Magistrate rereceived~eivesan order made with reference to quch person under section 3, sub-section (1). (4) In

Lawfulness of and re-taking under war. rant for! surrender.

1903.1 ~~t~aditiw. ( Chapter ~~.-&b.r'render of Fugitive case of Foreign Xtates.-Xectiom ter 1II.-X~rrertder of Fugitive case of Xtates other than Poreigm tion 7.)

179 OrQminals in 5-6. ChapCriminals in Hates.-Sec-

(4) I n the case of a person arrested or detained Bail. under this section the provisions of the Code of Criminal Procedure for the time being in force relating to bail shall apply in the same manner as if such person were accused of committing in British India, the crime of which he is accused or has been convicted. 5. (I) If the Government of India or any Local Power of Government is of opinion that t,hd crime of which any fugitive criminal of a Foreign State is accused or issue order alleged to have been convicted is of a political charac- ;","if;;$: ter, it may, if it think fit, refuse to issue any order of political , oharaoter. under section 3, sub-section (I). (2) The Government of India or the Local Gov- Governlnent Power of ernment may also a t any time stay any proceed- to disohslage ings taken under this Chapter and direct any warrant any person issued under this Chapter to be cancelled and the at person for whose arrest such warrant has been issued to be discharged. 6. The expressions " the Police Magistrate " and Reference8 to a the Secretary of State " in section 3 of the Extradi,, tion Act, 1870, shall be read as referring respeatively and 'cSeoreto the Magistrate directed to inquire into a, case under in tary of Statep' section 3 of section 3 of this Act, and t o the Government of India ~ , t , ~ ~ i t ; , , A O ~1, ~ 0 . or the Local Government, as the case may be.

~:~~~~~

kzkF

&z$&te

33 & 34 viot., o. 52.

CHAPTER 111. SURRENDEB OF BUOITIVB CRIMINALSIN OASE OF STATES OTHER THAN FOREIGN STATES. 7 . (1) Where an extradition offence has been committed or is supposed to have been committed by b person not being a European British subject, in the territories of any State not being a Poreign State, and such person ,escapes into or is in British India, and the Political N

2

Imue d

z;!:p Agente in oertrin Oage8'

180 iTx€radit$oaR [AUT XV (Chaptkr III-Szcrrender of Pugitius ' ~ r i n h a l in s case of States other tltarz Poreigtz States.-Seetion 8.)

.

-

1 /

I I

=I-

-

I

Political Agent in or for such State issues a warrant, addressed to the District Magistrate of any district in whioh such person is believed to bq for his arrest and delivery a t e place and to a person or authority indioated in the warrant, such Magistrate shall act i n pursuance of such warrant and may give direotions aocordingly. Execution of (2) A warrant issued as mentioned in sub-section such warrant. (1) shall be executed in the manner provided by the law for the time being in forae with reference to the execution of warrants, and the accused person, when arrested, shall, unless released in accordanos with the provisions of this Act, be forwarded to the place and delivered to the person or authority indicated in the warrant. Pror.Iamation (3) The provisions of the Code of Orirninal Proceand attachdure for the time being in force in relation to proclammeot in case ation and attachment in the case of persons abscondof pemons absconding. ing shall, with any necessary modifications, apply where any warrant has been received by a District. Magistrate under this section as if the warrant had been issued by himself. R e l y e on 8, (I) Where a Political Agent has directed by giving endorsement on any such warrant that the person for security. whose arrest it is issued may be released on executing a bond with sufTicient sureties for his attendance . before a person or authority indicated in this behalf in the warrant a t a specified time and plaoe, the Magistrate to whom the warrant is addressed shall on - such security being given - release such person from cuatody. [email protected] (2)-Where security is taken under this seotion, retam bond. the Magistrate shall certify the fact ta the Political Agent who issued the warrant, and shall retain the bond. (3) I f the person bound by any such bond does ~e-arrestin craw of not appear a t the time and plaoe specified, the def anlt. Magistrate '

.(Oha$ter Ilf.-X~rremder of $~git,iue O~irninaZsia case qf States other f [email protected] Foreigrs States.--rSectima 9-10.) Magistrate may, on being satisfied as to his default, issue a warrant direoting that he be re-arrested and handed over to any person authorized by the Political Agent to take him into custody. (4) I n the case of any bond executed under this Deposit in section, the Magistrate may exercise the powers lieu Of bond* and forconferred by the Oode of Oriminal Procedure for the feiture£,, time being in force in relation to taking a deposit in bonds: lieu of the execution of a bond and with respeot to the forfeiture of bonds and the disoharge of sureties. 9. Where a requisition is made to- the .Govern- RequisitTons ment of India or to any Local GoveFnment by .or on behalf of any State not being a Foreign State, for states. the surrender of any person accused of having committed an offenoe in the territories of suoh State, suoh requisition shall (except in sb far as relates to the taking of evidence to show that the offence is of a political character or is not an extradition crime) be dealt with in accordance with the procedure presoribed by seotion 3 for requisitions made by the Government of any Foreign State as if it were a requisition made by any suoh Government under that section : Provided that, if there ia a Politioal Agent in or for any such Btate, the requisition shall be made through such Political Agent. 10. (1) If it appears to any Magistrate of the Power to first class or any Magistrate empowered by the Looal Government in this behalf that a Derson within the rants oflocal limits of his jurisdiction is &used or suapeoted of having committed an offenoe in any State not being a Poreign Btate and that such person may lawfully be surrendered to such State, or that a warrant may, be issued for his arrest under seotion 7, the Magistrate may, if he thinks fit, issue a warrant for the arrest of such person on such information or corrplaint and on suoh widence as would, in his opinion,

zi:p$e$

(~haite1 r 11.-Sicrrender of Fzcgitive Crimifials in case of States other thavz _Foreign States.--Sect i m 11.)

1~8ueOE war-

m n t t be re-

po,te8 forthwith.

Limit of

time of detention of person arrested.

Bail.

Burrender of person accused of, or pndergo"%

sentence for, offenoe in British

India.

opinion, justify the issue of a warrant if the offence bad been committed ailthin the local limits of his jurisdiction. (2) The Magistrate shall forthwith report the issue of a warrant under this section, if the offenoe appears or is alleged to have been oommitted in the territories of a State -for which there is a Political Agent, to suoh Political Agent and in other cases to the Looal Qovernment. (3) A person arrested on a warrant issued under this section shall not, without the special sanction of the Local Government, be detained more than two months, unless within such period the Magistrate receives a n order made with reference to suoh person in accordance with the procedure prescribed by section 9, or a warrant for the arrest of such person under seotion 7. (4) I n t h e case of a person arrested or detained under this section, the provisions of the Code of Criminal Procedure for the time being in force relating to bail shall apply in the same manner as if such person were accused of committing in British India the offence with which he is charged. 11. (1) A person accused of an offence committed in British India, not being the offence for which his surrender is asked, or undergoing sentence under any conviction in British India, shall not be surrendered in compliance with a warrant issued by a Political Agent under section 7 or a requisition made by or on behalf of any State not being a Foreign State under section 9, exoept on the condition that such person be re-surrendered to the Qovernment of India or the Local Qovernment, as the case may be, on the termination of his trial for the offence for which his surrender bas been asked : ~ r o a d e dthat no such condition shall be deemed

1973.1 Extradition. ,183(Chapter I n - - Burrender of Pugitive Crimhals i n case of States othe11 than Poreigm Btates.--Xectioms 12-16.) to preveit or postpone the exeoution of a sentence of death lawfully passed. (2) On the surrender of a person undergoing sen- suspension of tence under a conviction in British India, his sentence surrender. sentence on shall be deemed to be suspended until the date of his re-surrender, when it shall revive and have effect for the portion thereof whioh was unexpired at the time of his surrender. 12. The provisions of this Chapter with referenoe Ap lication to accused persons shall, with any necessary modifica- of 8hnpter t o tions, apply to the ease of a person who, having been persons. convicted of an offence in the territories of any State not being a Foreign State, has escaped into or is in British India before his sentence has expired. 13. Every person who is acoussd or oonvicted of Abetment abetting or attempting to commit any offence allall be and deemed, for the purposes of this Chapter, to be accused or convioted of having committed such offence, and shall be liable to be arrested and surrendered accordingly. 14. It shall be lawful for any person to whom a Lawfulness warrant is directed in pursuanoe of the provisions of $l:t:$ng this Chapter, to receive, hold in custody and convey under the person mentioned in the warrant, to the place named in the warrant, and, if suoh person escapes out chapter, of any oustody to which he may be delivered in pursuance of such warrant, he may be re-taken as a person acoused of an offence against the law of British India may be re-taken upon an escape. 15. The Government of India or the Local Govern- Power of ment may, by order, stay.any prooeedings taken under t:f;",z; this Chapter, and may direct any warrant issued under ceeding8 and this Chapter to be cancelled, and the person for whose dieoharp persons in arrest such warrant has been issued to be disoharged. c,s,,d,, lication 16. The provisions of this Chapter shall apply to &apt,. t, an offence or to an extradition offenoe, as the case of oE,nc,s may be, committed before the passing of this Act, and co:amitted

(Cha9ter 111.--Surreader of Fzcgttive C~imdrt'ctlsi" case of States other than Po~eignStates.--Eec' , tiom 17.) before its colnmenoament. Weceipt in evidence of exhibits, depositions and other dooomente.

Authentiostion o f the same.

t q a n offence in respect of which s Court of B r i t i ~ b India has conourrent jurisdiction. 17, (4 I n any proceedings under this Chapter, exhibits and depositions (whether received or taken in the presence of the person against whom they are used or not) and copies thereof, and official certificates of fasts and judicial documents stating facts, may, if duly authenticated, be received as evidence. (2) Warrants, depositions or statements on oath which purport to have been issued, received or taken by any Court of Justice outside British India, or copies thereof, and certifioates of, or judicial documents st.ating the faot of, csonviction before any such Court, shall be deemed duly authenticated,(a) if the warrant purports to be signed by a Judge, Magistrate or oficer of the State where the same was issued or acting in or for such State : ( b ) i f the depositions or statements or copies thereof purport to be certified, under the hand of a Judge, Magistrate or officer of the State where the same were taken, or acting in or for such State, to be the original depositions or statements or to be true copies thereof, as the case may require : (c) if the certificate OF, or judicial dooument stating the fact of, a conviction purports to be certified by a Judge, Magistrate 'or offioer of the State where the conviction took place or acting in or for such State : (d) if the warrants, depositions, statements, copies, certificates and judioial documents, as the case may be, are authenticated by the oath of some witness or by the official seal of a minister of the State where the same were respectively issued, taken or given. (3) For

,

.

(QhaptepIll;-sZGpi&nderof [email protected]&i&l&iti case of Xtates other than Poreiglt States.'-Sectiolt 18. Chapter IT.-Renditiolil of P ~ g i t i v e Oflmders i)a His .Majesty's Dorniraions.-Xectioa 19.) ,

(3) For the purposes of this section, ''warrant" *&nition,$ wanant . includes any judicial document authorizing the arrest of any person accused or convicted of an offence. . . 18. Nothing in this Chapter shall derogate from to ChapWqnt ' derogate the provisions of any treaty for the extradition o f , fromtreadid, offenders, and the procedure provided by any such. treaty shall be followed in any case to. which it applies, and the provisions of this Act shall be modi-; fied acoordingly. . '

..

CHAPTER.IV,

44 6 4s :

Vict.3 c. 69.

RENDITION OF FUGITIVE OFFENDERSIN H L ~ .MAJESTY'S DOMINIONS. 19. For the purpose of applying and carrying Application .into effect in British India the provisions of the.Fugi- of F n a i t i v e ~ - ~ tive Offenders Aot, 1881, the following provisions are hereby made :.. ( a ) the powers conferred on Governors r' of . British possessions may be exercised by any Local Government : ( 6 ) the powers conferred on a 6c Superior Court ": may be e'xercised by any Judge of a High. court : (c) the powers conferred i n a c 6 Magistrate " mag be exercised by any Magistrate. of the first class or by any Magistrate empowered by.: the Local Government i n that behalf : and (d) the offences oommitted in British India t o which the Act applies, are piracy, treason and any offence punishable under the Jndian Penal Code with rigorous imprisonment for a term of twelve months or. - . more or with .. any greater . punishment.

if;$;,,

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*:=.--=

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XLV of 1860.

.

CHAPTERV.

.

(Chapter ,V.- O$emces committed at Sea.--Sect iorn 20' Chapter P2.-Execution of Commissions issued by Criminal Courts outside British 2rndia.-Sectiorn 2 1. Chapter P1.Z.-Supplements I.--Section 22.)

I

CHAPTER V. Requisition for surrender in aase of offence committed a t sea.

20. Where the Government of any State outside India makes a requisition for the surrender of s person accused of a n offence committed on board any vessel on the high seas which comes into any port of British India, the Local Government and any Magistrate having jurisdiction in such pprt and authorized by t h e Local Government i n this behalf may exercise the powers confehed by this Act. CHAPTER VI, EXEOUTION OF COXMISSIONS ISSUED BY CRIMINAL

COURTSOUTSIDE BRITISH INDIA.

Execution commissions by Criminal Courts outside Britiah India.

21. The testimony of any witness may be obtained in relation to any oriminal matter pending in any Court or tribunal in any country or place outside British India in like manner as it may be obtained in any civil matter under the provisions of the Code of Civil Procedure for the time being in force with reapecl; to commissions, and the provisions of that Code relating thereto shall be construed as if the term " suit " included a criminal proceeding : Provided that this section shall not apply when the evidence is required for a Court or tribunal in any State outside India other than a British Court and the offence is of a political charaoter.

CHAPTER VII. SUPPLEMENTAL. 22. (1) The Governor General in Oouncil may Power to make r ~ i e ~ make . rules to carry out the purposes of this Act. (2) I n particular and without prejudice to the generality

( d ) the procedure and practice to be observed i

I

1 v a€ lass.

in extradition proceedings. (3) Rules made under this section shall be pub. lished in the Gazette of India and shall thereupon have effect as if enacted by this Act. 23. -Notwithstanding anything in the Code of Detention of Criminal Procedure, 1898, any person arrested without an order from a Magistrate and without a under seation warrant, in pursuance of the provisions of section 54, 64, olanse clsuso seveatlaly, of the said Code,' may, under the ~ ~ ~ l ? t y ~ f ~ orders of a Magistrate within the local limits of whose jurisdiction such arrest was made, be detained in the same manner and subject to the same restrictions as a person arrested on a warrant issued by such Nagistrate under section 10. 24. The Acts mentioned in the second schedule are R Q P Q ~ ~ ~ . repealed to t h e extent specified in the fourth column thereof. THE FIRST SCHEDULE. ,

.B

L

EXTRADITION OBIENOPIS. [flee section 2, clazcse ( b ) , and C k a ~ t e rIII (Surrender of Pmgitive Criminals in case o f States 0t1er t1an Boreign Btates) .I [The seot:ona reFerred to are the section3 of the Indian Penal Code.] Frauds upon oreditors (section a06).

Resistance

&~,

any one .or more States.

THE SECOND SCHEDULX.

4 Year.

Short title. -

No.

XXI

.I896 -.

Extent of repeal.

-

IX V

The Foreign Juriediction and So muoh as ia ~~repealed. Extradition Aot, 1879, .

!I%eExtradition (India) -Bat, The whole Act. 1896.

The Foreign Jurisdiction and The whole Act. Extradition Act (1879) Amendment Act, 1696.

, W,

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CONTENTS.

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CHAPTER I.

PRELIBIINARY. SECTIONS. 1. Short title and extent. 2. Definitions.

CHAPTER 11.

.

3. Proposal to create, alter the limits of, or abolish, m'unicipali t y. 4, Contents of notification under section 3. 6 . Creation, alteration of limits, or abolition, of municipality. 6. Effect of including local area in municipality. 7. Effect of excluding local area from municipality or mithdrawing whole area of m~lnicipalityfrom Act. .

<

CHAPTER 111.

Constitatiofi of Commitbees. 8. Number and appointment of members of committee. 9. Term of office of members. 10. Incorporation of committee. 11. Member of committee to be municipal commissioner. 1%.Appointment of ,president and vice-president. 13. Removal of president, vice-president and members of committee. 14. Delegation of powers.

15. Ordinary and special meetings. 16. Time and place for holding meetings. .

,

17. 'Chairman

SECTIONS. 17. Chairman oE meeting. 18. Quorum. 19. Vote of majority decisive. 20. Record and publication of proceedings. 21. By-laws for conduot of business. 2% Extraordinary powers of president and vice-president in case of emergency.

Joifit Committeee. 23. Joint committees. Defects i a Cofistitzcta'ofiand Irregularities. 24. Vaoandies and irregularities not to invalidate proceedings. 25. 26. 27. 28. 29.

O$cera and 9e1.uants. Appointment of secretary. Employment of other officers aud servants. Power to call for reduotion of establishment or of oost of establishment and dismissal of unfit persons. Pensions, gratuities and leave-allowances of Government officials serving committees. Leave-allowances, pensione, gratuities and annuities of r other than Government officials. officers ' ~ servants

Contracts. 30. Authority to contract. 31. Mode of entering iuto contracts. 32. Penalty on member, officer or servant of committee being interested in contract made with committee. 38. Bar of suit in absence of notiae. 34.. Liability of members for loss, waste or misappli6ation..

CHAPTER IV.

Taxation. 35. Taxes which may be imposed. 36. Determination of gross annual letting value in certain d cases. 37. Assessment IL

,

37. Assessment of Government houses or buildings in oertain cases. 38. Limitation upon taxes in certain oases. 39. Procedure in imposing taxes. 40. Tax not invalid for defect of form. 41. Power of committee to abolish or reduoe or exempt from tax. 4%. Power of Local Government to abolish or reduce tax.

43. Duty of furnishing true information regarding liability t o taxation. 44. Recovery of taxes. 45. Power t o charge fees. 46. Appeals against taxation. 47. Limitation of appeal. 48. Taxation not to be questioned exaept under this Aot. ~zGfiic~~a2 PzGnd alto? ~ ~ o i e r t ~ . 49. Constitution of municipal fund. 80. Applioation of fund.

51. Custody and investment of municipal fund, 52. Property vested in committee. 63. Acquisition of land under Aot I of 1894.

C H A P T E R V..

.

.

54. Polioe-establishment. 65. Relief of committee from police-charges. 56. Appointment, liabilities and duties of muniaipsl watchmen. 67. Duties of municipal police enrolled under Act Y of 1861. 58. Police-protection at fairs, etc, -

CHAPTER VI.

69. Power t o acquire land for building sites adjoining new streets. 60. Power t o close streets. 61. Power to permit temporary ocoupation of streets or land. 02. Power

SECTIONS. 62. Power tio attach'blLackebefor lamps. 63. Names of streets and numbers of buildings. 64. Roofs and external walls not to be made of inflammable materials. 66. Power t o regulate line of buildings. 66. Power $0 reiulate new building. 67. Removal of projeotions and overhanging struotnrea. 68. Exemption of Government buildings or lands from the operatian of sections 69 to 67. Bathing a r d Tashiltg ~iacerr. 69. Bathing and washing places. .De$osi# of,Ofensive M a t t e ~and SZallghter-places. 70. Removal and deposit of offensive matter. 71. Places for slaughte~of animals. 72. Slaughter of animals for other purposes. 73. Speaial provisions with respect to disposal of dead bodies of animals. 74. Definition of '' animal

.

".

Bwial and Burmilt$ PCaces. 75. Powers in respect of burial and burning places. 76. Removal of corpses.

In..ammalZe Materials. 77. Inflammable rnatekalls. ~ ' o w e rof s E n t r l and l~spectioqt. 78. Powere in respect of drains, privies and oees-pools. 79. Powers of entry on buildings or land. 80. Power t o enter for discovery of animals or vehicles liable to taxation. 81. Power in respect of places used for sale or storage of articles for human consumption, as slaughter-houses, or for sale of drugs. 82. Power of entry i n certain cases for purposes connected with scavenging. 83. Power in respect of inflammable or explosive material when stared in excess of authorized quantity. 84, Precautions t o be observed in entering dwelling. -

rater-pipes, Privies and Drairs. 85. Troughs and pipes for rain-water. 86. Provisioll of privies or cess-pools.

87. Repair

SEOT~ONS. 87. Repair a n d closing of privies, drains or cese-pools. 88. U n a n t h ~ ~ i z ebuilding d over drains. b9. Removal of drains, latrines or oess-pools near any sourae of water-supply. 90. Power to require drainage of unwholesome tanks,

Dangeroa~Baildiltgs and Placea. 91. Power t o require buildings, wells, tanks or exoavationa t o be secured. 82. Power t o require building, wall or structure in ruinourr or dangerous state to be removed or repaired.

93. Power t o require owner to clear away noxious. vegetation. 94. Power to require owner to trim hedgea and trees borderi n g on street. 96. Power t o require filthy buildings or land to be cleaned. 96. Power to prohibit use for buman habitation of buildil~g~l unfit for such use, 97. Power to require untenanted buildings beooming a nuisanoe t o be secured or enclosed, 98. Power to Local Government t o prohibit aultivation, use of manure or irrigation injurious to health.

Ofensivo and .Dan.gerozss Trades. 99. Regulation of offensive and dangerous trades. 100. Power to prohibit such trades. 101. Milkmen and others not to keep animala or cattle mithout license.

Sate of Food, Drink and Drags. 10%.Power t o make by-laws as t o sale of articlee iutended for human aonsumption and drugs.

Die9osal o f Dogs. 103. Disposal of mad and stray dogs.

104. prohibition b y committee of use of unwholesome water.

By-laws~geltevally. 106. General power t o make by-Iaws. 106. Pownr to-prohibit aomrnission of public nuisances. 107.

o ow em

SECT~ONS. 107. Powers a s t o conditiopal orders in respect of certrsi~tacts and omissions. 108. Delegation of powers to sub-committees. ,

.

CHAPTER VII. OPFENCES AND PENALTIES. 109. Depositing or throwing earth or materials or refuse, rubbish OP offensive matter on roads or into d ~ a i n s . 110. Discharging sewage. . 111. Failure to remove offensive matter. P 12. Making or altering drains w!thout authority. 113. .Making or keeping l a t r i ~ e snear any source of waterSUPP~Y *

114. Feeding animals on deleterious substances. 115. Neglect of the rule of the road. 116. Driving vehicles without proper means of control or without, lights. 117. Discharging fire-arms, eto. 118. Control of elephants and camels. 119. Taking animals or vehicles along public roads. 120. Beating drum or sounding musical instrument. 121. Suffering aqimale to be a t large. 122. Altering, obstructing or encroaching upon streets. 123. Quarryiug, blasting, cutting timber or building. 184. Making or selling food mbeu suCfer1og from disease. 125. Disturbing direction-posts or lamps. 126. Destroying or defacing names or numbers. 127. Slaughtering animal contrary to section 71. 128. Slaughtering animal or conveying meat contrary to notification under section 72. 129. Improper disposal of dead bodies of animals. 130. Burying or burning corpse contrary to section 75. 131. Carrying oorpses by prohibited routes or so as t o cause annoyance. 132. Sclling article for human consumption of a nature different from the article demanded. 185. Possession of article or animal unEt for human consumption or adulterated drug. 134. Refusing to sell food or drink. 135. Cultivating, manuring or irrigating contra17 to scction 98. 136. Using places for certain trades without license. 137. Using places for offensive or dangerous tradee after prohibitory notice. 138. Solieitiug for purposes of prostitution. 139, Disobedience

;

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189, Disobedienoe t o ordergnot punishqble: iiadeir 'any .Other . ,. :, . sectioa. . ;. .- , ., . .

140. Prosecution t o be suspeadedia certain caeef+,, .

.

. .. ..

%HApqEEC'TIIX,

*

141. Establishment and maintenance of fire-brigade.

142. Power of fire-brigade and o t h e ~person8 for

of firea. 143. Powers subject t o presckibed regulatioag eto. 144. Operation of Chapter.

CHAPTER

upp- -press ton

IX,

CONTILOL. 146. Control by Commissioner or Deputy Commissioner, 146. Power t o suspend action under Act.

147. Extraordinary powers of Deputy Commissioner i n cases of emergenoy.

148. Powers of Local Government in cgse of default of Cammitte - - 8.

149L Power of Local Government to supersede committee in case of incompetency, persistent default or abuse of powers. 150. Power of Local Government t o frame forms and make rules. 151, General powers of Local Government and Commis. .. sioner,

CHAPTER Xo

.

>

1

SUPPLEMBNTAL. d

Notices. 162. Authentication, service and validity of notice$. 163. Execution of acts reauired t o be done bly any notioe.

i54I Mode of giving notiie to owner or occupier of property. 165. Publication of public notices. 156. Recovery of costs of execution. 157. Compmsation out of municipal fund. 188. Powere 0

2

8 d

ACT No. XVI OF 1903. (Remived the assent of the Govewtoc Qeltemb 0% t&e 4Jh November, 1903.)

.

An Act t o make better provision for the organization d administration of municipalities in the Central Provinces. W H E R E A S . it is expedient to make better provision for the organiaation and administration of munioipalities in the Central Provinces; It is hereby enaobd follows :CHAPTEIC I. PRELIMINARY. 1. (1) Tbis Act may be called the Central Pro- short title nod exknb. vinoes Munioipal Act, 1903 ;and (2) It extends'to the territories for the time being administered by the Chief Commissioner of the &n tral Provinces. 2, I n this Aot, unless there in anything repug- Definitions. mant in the subject or context,(a) c6munioipality" means a local area deolared by or under this Act to be a muniaipality : ( 8 ) c'oommittee'9 means a municipal committee 3 established by or under this Act : d (6) . " street " includes any way, road, lane, square, court, alley, passige o; open spaoe, mhthor a thoroughfare or not, over whioh the public have a right of way, and also the roadway and footmay over any public bridge or causeway : (d) (c owner," used with reference to any building or land, includes the person who is receiving the

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1 4

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:

the rent. of the building or land, whether on his own account.or as agent or trustee, ,or who would so -receive the rent if the buildi'ng or land were let to a tenant : (e) presoribed ''~rneansprbseribed by riles made by the Lo~hl, G ~ ~ e r n m e under nt this Act : ( f ) cc tax" includes any toll, rate, cess, fee or . . ~ t k c y.im~qqt; .laviable sndsi: this Actt ; and (-g) Cg gxploaive and gf patrdenm have th,emeanings, .assigned.to them in the Indian Exploaives Act, 188% and the Indian Petro: leum Act, 1899, respectively.

.,

fU

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CON~TITUTION OF :MUNSOIPALXTIES.

-

.I . .

IV of

1s of

-

= 2 -

the comn~it tee, frame a scheme determining what portion of the balance of the municipal school and hospital funds and other property vested in the committee shall vest in E i a Majesty for the benefit of the inhabitants of the local area, and in what manner the liabilities of the committee shall be ap~ortionedbetween the committee and the Seoretary of State for India in Council ; and, on the publication of suoh scbeme in the local official Gazette, such property and liabilities shall vest and be apportioned b according1y. (2) When the whole area comprised in any municipality is withdrawn from the operation of t t ~ i sAct by a notification published under seotion 6, sub-section (2), this Act and all rules and by-laws made, orders, directions and notices issued, and powers conferred thereunder, shall cease to apply thereto; and the balance of the municipal fund and all other property a t the 'time of the issue of the notification vested in the committee shall vest in His Majesty, and the liabilities of the eommittee shall be transferred to the Secretary of State for India in Council, (3) All property vested in His Majesty under this section shall be applied, under the orders of the Local Government, to the discharge of tlie liabilities imposed on the Secretary of State for India in Counoil thereby or for the promotion of the safety, health, welfare or convenience of the inhabitants bf the area affected.

CHAPTBR 111,

Numbor and appointment

8, ( I ) There shall be established for each munioipality a committee having authority .over that

municipality aqd consisting of such number of memo bers, not less than five, as may be prescribed. (2) Such members may be appointed, in t h e pre; ~ c r i b e dmanner, by nomination or by elect ion, or some by nomination and some by election. (3) Not - less than two-fif ths of the members of a, committee shall be persoqs other than salaried officers of the Government.

of membsrs

Member bE committee t o be mnnioipsl opmmissloner. *ppointment of president and vioepresident.

except in pursuance of a r'esoluimmbveabli tion passed a t a special meeting and approved by the Local Government. 11, I3very member of a committee shall he deemed to be a municipal commissioner within the meaning of any enaotment for the time being in force.

12. (1) There shall be a pesident and vice-presid e n t of every oommittee. (2) The Local Government may appoint any person, whether member of t h e committee or not, to .be president or vice-president, or may authorize any committee to elect, in the prescribed manner, its president or vice-president, or both. (3) The election of a president or vice-president shall not be valid until it has b.een confirmed by the Local Government and h a been notified in the local official Gazette. (4) A president and vige-president shall llold office for the prescribed term. (5)Where a person not already . a member of the committee is lappointed or elected president or vicepl.esiitent, he shall, notwithstanding anything in t h e foregoing sections, become a member of the committee by virtue of his appointment or election, and shall continue to be a member so long as he holds office as president or vice-president. 18. he ~ o o n lGovernment may, a t any time, remove the president,, vice-president or any member of a corn mitiee(a) if he refuses to act or becomes incapable of acting, or is.declared insolvent, or is con.. victed of any such offence, or subjected by a Criminal Oourt to any such order as implies, in the opinion of the Local Government, -a defect of character which unfits him t o be the president or vice-,president pr a member of the committee; ( 6 ) if '

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Remove1 of president, vwe-pxesldentma . members of committee.

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( b ) if he, without an exouse sufficljnt in the opinion of the Looal Government, absents himself for more than three consecutive months from the meetings of the committee or of a sub-committee of which he is a member ; or (c) if his continuance in office is, in the opinion of the Local Government, undesirable in the interests of the public or of the municipality. 14. The Local ,G)overnlnent may, by notification Delegation in the local official Gazette, delegate to the Commissioner in respect of any speoified municipality or municipalities i n his division all or any of the powers and functions of the Local Government in respect of the appointment or resignation of a president, vicepresident or any member of a committee.

Conduct of Badness.

15. (1) A meeting of a committee shall be either Ordi?ar~and ordinary or special. flpecial meetIngs. (2) Any business may be transaoted at an ordinary meeting unless it is required by or under this Aot to be transacted at a special meeting. 16. (1) Every committee shall meet for the trans. Time and action OF business a t least once in every month at such time and place as may, from time to time, be meetings. fixed by by-laws made under section 2 1. (2) The president or, in his absence or during the vacancy of his office, the vice-president may, whenever he thinks fit, and shall on a requisition made in writing by not less than one-fifth of the members of the committee, convene either an ordinary or a special meeting a t any other time. 17. (1) ~t every meeting of a committee the Chairman of meeting. president, if present, shall preside as chairman. (2) If,when any meeting is held, the office of president is vacant or the president is absent from the

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(Chapter 111.- O r g a ~ l i a a t i o of ~ Com&ittees.--Sec* . tions 18-20.) t h e meeting and the vice-president is present, the vice-president shall preside as chairman. (3) I n any oase not provided for by sub-section ( I ) or sub-section (2), the members present shall elect one of their number to be chairman of the meeting. Quorum. 18. ( I ) The quorum necessary for the transaction of business at a special meeting of a committee shall be one-half of the members of the committee. ( 2 ) The-quorum necessary for the transaction of business a t a n ordinary meeting of a committee shall be such number or proportion of the members of the committee as may, from time to time, be fixed by by-laws made under section 21, but shall be not less than three : Provided that, if a t any ordinary or special meeti n g of the committee a quorum is not present, the obairrnan shall adjourn the meeting to such other day as he thinks fit, and the business which, would have been brought before the original meeting, if there had been a quorum present, shall be brought before, and transacted at, the adjourned meeting, whether there is a quorum present thereat or not. 19. Save as otherwise provided by or under this Vote of majority Act, all questions brought before any meeting of a decisive. crommittee shall be decided by a majority of the votes of the members present, and, in the case of an equality of votes, the chairman of the meeting shall have a second or casting vote. 20. (I) Minutes of the proceedings a t each meetRecord and publieationof ing of a committee shall be recorded in a gook to be groceedinge. kept for the purpose, shall be signed by the ohairman of the meeting or of the next ensuing meeting, shall be published in t h e manner prescribed, and shall, a t all reasonable times and without charge, be open to tho inspecstion of any inhabitant of the municipality.

(2) A copy of every resolution passed by a committee a t a meeting shall, within six days from the date of the meeting, be forwarded to the Deputy Commissioner. 21, (1) A oommittee may, from time to time, at s B Y - I R W ~ for special meeting make by -laws, consistent with this g:; js,Of Act and the rules thereunder, for regulating(a) the time and place of its meeting ; ( b ) the conduct of its business ; (c) the quorim necesiary foi the transaction of business a t ordinary meetings ; (d) the division of duties among its members, the formation of sub-committees, and the powers to be exercised by sub-committees or by such membere as are primarily reeponsible for the current executive administration, whether presidents, vice-presidents, members of sub-committees or individual members ; (e) the duties and salaries of its officers and servants ; the persons by whom receipts may be granted on its behalf for money received under thie Ack; and , (g) other similar matters. ( 2 ) No by-laws made under this seotion shall take effect until it has been coniirmed by the Local Government. 22. I n cases of emergency the president, or in his Extraor& absence or during the vacancy of his office, a, vice- nary powera president, may direct the execution of any work or the doing of any act which the committee is em- president in powered to execute or do, and the immediate execu- ~;;;~n,y~ tfon or doing of which is, in his opinion, neaessary for the service or safety of the public, and may direot that the expense of executing such work

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(Ohapter TLI.-,Organiaation o f : Co.uwnBftees,-gect i o m 23-24.) or doing snch act shall be paid from the municipal fund : . Provided that-( a ) he shall not act under this section in contra- ' oention of any order of the committee; and ( b ) every direction given under this section shall be reported to the next following meeting of committee. , I

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J o h t Committees.

23. ( 1 ) A. committee may, from time t o time,

Joint oom-

concur with any other committee, or with a district council, or with a n independent local board, or with a cantonment authority, or with more than one suoh committee, council, board or authority, i n appointing, out of their respective bodies, a joint committee for any purpose i n which they are jointly interested, and in appointing a chairman of the joint committee and i n delegating to any such joint committee any power which might b e exercised by either or any of the com. mittees, counoils, boards or authorities, and in framing and modifying regulations as to the proceedings of any such joint committee, and as t o the conduct of 'correspondence relating to the purpose for which the joint committee is appointed. (2) Where any difference of opinion arises between committees, councils, boards or authoxities acting under this section, the decision thereon of the Uommissioner i f t h e areas under the committees, councils, boards or authorities are in the same division or of the Local Government if those areas a r e in different divisions, shall be final.

Defects in Oolastitmtion and Irregzclarities. Vaoancies and irregularities not to invalidate grooeeiings.

24. Anything dona or any proceedings- taken under this Act shall not be questioned on account; of ,any vacancy i n a committee or- joiut committee, or On

(Chapter II1.- 0rgartizaliort qf Commit tees.--Ses-

tions 25-27.) on account of any defect or irregularity not affeoting the merits of the case.

$g:iz;t

25. ( 1 ) Every committee shall, from time to time, at a speoial meeting and subject to the a,pproval of the Local Government, appoint one or more of its members, or, with the sanction of the Local Government, any other person or persons, to be its secretary or secretaries, and may, at a like meeting and subject to the like approval, remove any person so appointed. (2) A committee may, with the previous sanction of the Local Government, assign to a secretary suoh salary as the committee thinks fit : Provided that, where a member of the committee is appointed to be secretary, he shall receive no remnneration in respect of his services. 26. Subject to the other provisions of this Act Emplosrnent and to the qualifications prescribed in the case of persons appointed to offices requiring professional servants. skill, a committee may employ, in addition to its secretary, such other officers and servants as may be necessary or proper for the efficient execution of its duties, and may assign to such officers and servants such salaries as it thinks fit. 27. ( I ) If, in the opinion of the Commissioner, Power t o call reduction the number of persons employed by a committee as forestablish. officers or servants, or whom the committee propose mont or of to employ as such, or the salaries assigned by the ~ ~ ~ ~ $ s , committee to those persons or any of them, are exces- ment and sive, the committee shall, on the requisition of the unfit dismissal o f persons. Commissioner, within such time as may be fixed by the Commissioner in this behalf, reduce the number of those persons or their salaries, as the case may be. (2) If,in the opinion of the Commissioner, any person employed by a committee as an offlcer or servant is by reason of bad character, incompetence or idleness, or for any other sufficient reason, not fit to

fo be retained -in the service of the committee, the

committee shall, on the requisition of the Commissioner, within one month from ths date of reoeipt of such requisition, dispense with the services of suoh . person : Provided that, before mslring any such requisition, the Commissioner shall call upon the offioer or'servant ooncerned to show cause why suoh requisition should not bs 'made. (3) ,The oomrnittee to whom a requisition is made under sub-seotion ( I ) , and any person whose services are dispensed with in compliance with a requisition under sub-seotion (2), may appeal to the Local Government, whose decision shall be final : Provided that no person removed in compliance with a requisition made under sub-section ( I ) shall have any right of appeal. . 28. I n the case of a Government official a committee may,-+ >

Pensions. patoities and le~weallowances of Government oficials serving cornmittees.

a v o w . snces, pensions, gratuities and annuities of oficers or servant0 other than Government offioinle.

(i) where his services are wholly lent to it, subscribe for his pension or gratuity and leaveallowances in aocordance with the Civil Bervioe Regulations for the time being in force ;and (ii) where he devotes only a part of his time t o the performance of duties in behalf of the committee, make a contribution on aooount of hiq pension or gratuity and leave-allowances in such proportion as may be determined by the Government. 29. In the case of an officer or servant not being a Government official, a committee may(a) grant him leave-allowances, and, where his monthly pay is less than ten rupees, a gratuity ;and, ( b ) with

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(b) with the general or speoial sanction of the

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Local Go,vernment,(i) subscribe on his behalf for pension or gratuity under the Civil Service Regulations for the time being in force ; or (ii)purchase for him from the-Government or otherwise an annuity on his retirement : Provided that no leave-allowanoe, pension, gratuity or annuity shall exoeed the sum to which, under the Civil Service Regulations for the time being in foroe, the officer or servant would be entitled if the servioa hdd been service under Government.

Co~ttracts.

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30. (1) A committee may delegate to one or more Authority of its members or to a secretary the power of entering c ~ n t c i ~ t s Qn its behalf into any partioular contract whereof the value or amount does not exceed two hundred rupees or into any class of such contraots. (2) A contract whereof the value or amount ex. meeds two hundred rupees shall not be entered into .until it has been sanctioned by the committee a t a meeting. 31. (1) Every contract made by or on behalf of a Mode of oommitt ee whereof the value or amount qxaeeds fifty :$::::' .rupees shall be in writing. tnlot~. (2) Every such contract shall be signed by the president ur'vioe-president and a secretary : . Provided thatthe oornmittee may delegate to one . or more of its members or to a secretary the power of 'signing.. any oontracts which he or they is or are. ,empowered to enter into under section 30, sub-seo. . 'tion (1). , (3).. I f \ a contraot t o which . . . kction . . appliea is . . . . entered .

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XmicipatiCies (Central Provimdee). [ACT xvri f C;ILa$t& 111.- Orgamiexi tic; of Corrmbdtt%es.-Sections 32-33.]

entered into otherwise than in conformity therewith, it.shall not be binding on the committee. 32. ( I ) If any member, officeror servant of a comi mittee is, otherwise than with the written permission of the Commissioner, directly or indirectly interested in any contract made with the committee, he shall be deemed .to have committed an offence under section XLV of 1860' 168 of the Indian P ~ n a Oode. l (a) A person shall not, by reason of being a shareholder in, or member of, any incorporated or registered company, be deemed to be interested in any, contract entered into between the company and the eommittee, but he sllall not take part in any proceedings of the committee relating to any such contract.

Penalty on member, officer or se~voutof committee being interested in contract made with committee.

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Bar of suit in nbsence of notice.

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Prlviteges and Eia bilities. 83. ( I ) No suit shall be instituted against a committee or any of its officers or servants or any person acting under its direotion for anything done or purd porting to be done u n d e ~ this Act, unBil the expiration of two months next after notice in writing, stating the cause of action, the name and place of abode of the intending plaintiff and tho relief which he claims, has been, i n the case of a committee, delivered or left at Its office, and, in the case of any such officer, servant or person as aforesaid, delivered to him or left at his office or usual place of abode. (2) -Every such ,suit shall be dismissed unless it is instituted within six months from the date of the accrual of the alleged cause of action and service d such notice as aforesaid is admitted or proved. (3) Where i t is proved to the satisfaction of the c o u r t that before the suit was instituted tender of sufficient amends had been made to the plaintiff, the "plaintiff shall not reoover his oosts nor any relief not included in such tender, and shall defray the oosts of the defendant in the suit. 1 (4) Nothing in this seotion shall be deemdd to

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apply. to any suit instituted under section 64 of the Specific Relief A,ct,l877; 34. Every person s&ll be liable'for the loss, waste or misapplication of any money or other property belonging to, or under the oontrol of, the committee, ' if such loss, waste or,misapplication is a direct conseyuence of his neglect or miscondu~twhile a member of the oammittee, and a suit for compeasation for the :-samems.9 be instituted :agiinsthim by the committee, with-the previous sanctioa .of the Oommissioner, or i 31y .the 8ecretary of State ,for India in Council. .

::$:z,b8P Liability

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waste or mis~pplic&tion.

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UHAPTER IV. ,

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PAXATION AND ..-

MUNIOIPALFUND. .,

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'Ta&atiorn. . 35. Subject to any.geLIeral' rules or special orders .Taxeswhi be whioh the Governor General .in .Council.may make -in :-this behalf, B aommittee may, for'the purposes of this imposed. ;,Act, impose, with the sanction hereinafter specified in eaoh case and in.the manner required by section 39, any of the fdllowing taxes, namely :.. (a) with the previous'sapc'tion qf the ~ & a Govl ernment,( i ) a tax on houses, buildings or lande situate w:thin the liniits of the muni. , . . . .. . cipality, not exceeding seven and a half p e r centum of the gross annual . . ,. or letting lands.; value of the' houseg buildings . . . .

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(i$):atax on persons~occupying~,h~uses, buildings ,or lands within the limits of .

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.-the municipality according. to. -,their circumstances and property 'within those limits ; (iii) a

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(Chapter 1K.-Taxation and ~ w k c i --Pzcad.--Xec~ n- -~ tiop 35;) - --, tax on persons exercising any profession or art, or carrying on any t,rade or calling,. within the limits of t h e rnunicipali ty ; (ia) a tax on all or any vehicles or animals used for riding, driving, draught o r burden, or on dogs, where such vehicles, animals or dogs are kept within the limits of the municipality ; ( v ) a tax on vehicles and animals used as aforesaid entering the limits of t h e municipality, and on boats moor$d within those limits ; (.pi) an octroi on goods dr animals brought within the limita of t h e municipality for consumption or use within those limits ; (vii) markei-dues on peruons using any building, structure, market, b a ~ a OP r ganj belonging t o or under tbe mnt r d of the oommittee, or exposing goods for sale in any place belonging to or under the control of the Government or the oommittee ; (viii)) fees on the registration of cattle ioId within the limita of the municipality ; (ix) a latrine o r conservancy'tax upon private latrines or cess-pools or uponpremises or compounds cleansed by municipal servants, or a tax for the maintenance of public latrines ;and (x) a water-rate where water issupplied bg~ the committee ;and (b) with the previous sanction of the Local Gov. ernment and of the Governor G~eneral,in , Council,

(iii)

a,

1905.1

.Mtmioipalilie$ ((?dtatvil ~ r o u i n c e s ) . OH amd MmicZpaZ Pafid.+lSeoms 36-37.) -

Uouncil, any tax not authorized under olause (a). 36. For the purposes of any tax imposed under Determinasection 35, clause (ti), sub-head (i), or under clause (b), the annual letting value of any house or building, letting not erected for letting purposea and not ordinarily ~ ~ ! let, shall be deemed to be five per centum on the o,,e, aggregate sum resulting from the addition of(a) the estimated preserit cost of ereating the house or building after deduction of a reasonable amount on account of depreaiation (if any), and ( b ) the estimated present value of the land valued with the house or building as part of the same premises : Provided, that, in the determination of the annual value, no acoount shall be taken of any machinery : Provided also that, where any house or building is occupied in suoh circumstances as to render ''a valuation of five per celitum unreasonable, the committee may, in its discretion, reduce the percentage accord-, ingly. 31. (1) In any municipality in which any tax is Afiaeasment ffovernim osed under seotion 36, clause,(a), sub-head (ii), of ,,,,h ,,,,, no ]eax shall be assessed on any person in respect of or buildings his ocaupation of any houses, buildings or lands, the property of His Majesty; but a rate not exceeding seven and a half per oentum may be assessed on the annual value of such houses, buildings or lands, and suoh rate shall be payable by the Government. '(2) For the purposes of sull-gection (I), the annual value shall be deemed to be the groas annuaI rental a t which the houses, buildings or lanas mag be reasonably expected to let : Provided that, where the actual oost of ereoting any 32ch house or .building can -be ascertained o'r estio mated, the'annual value of such' house or 'building s~hall, i n no case, be deemed to exceed an amount whioh

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214 blr,ni&$ali-tiea (QentvaZ - Provitzces); TACIT-XVE (Cha$ter FP:-Taxation and Xunicipal Pand.-Sectione 38-39.)--- - - -

~irnitatioa upon taxes in oeytain 08808.

Procedure in imposing taxes.

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which would be equal to seven and a half per centum on such cost, in addition to a reasonable ground-rent for the .land on which such house or building has been erected. 38. In assessing the amount of any latrine or conservancy tax upbn .private latrines or cess-pools or upon premises or compounds cleansed by municipal servants or a water-rate, under seotion 35, olause (a),, sub-head (ix) or sub-head (x), regard shall be had to what is actually expended on the service rendered, or on the water supplied, as the case may be. 39. (1) A committee may resolve a t a special meeting to propose the imposition of any tax for the purposes of this Aot. (2) Where a resolution has been passed under sub-section (I), the committee shall publish, in the prescribed mannes, a notioe defining the olass of persons or desoription 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 inhabitant of the municipality objecting to the proposed tax may, within one month from the publication of the notioe, submit his objection in writing to the committee, and the committee shall, a t a special meeting, take his objection into oonsideration. (4) Where no objection. is submitted as aforesaid, or where the objections so submitted, having been considered by the committee, are deemed insufficient, the committee may forward its proposals to the Local Government with the objections (if any) so submitted. (6) The ~ h o a Government l may, on receiving the proposals of the oommittee, sanction the same, or refuse to sanction them, or sanction them subject to such modifications as it may think fit, or return them €0 the committee for further oon~ideration. (6') Where :

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the further sanction of the Governor General in Council, it shall submit them to the Governor General. in Council, with the objections (if any) received through the oommittee; and the Governor Gene~alin aouncil may sanction them, or refuse to sanotion them, or sanction them subject to such modifications as he may think fit, or return them to the Local Government for further consideration. (7) No modification affecting the substance shall be made under sub-section (6) or sub-seotion (6) unless and until the modification has been acoepted by the committee a t a special qeeting. (8) Where any proposals for taxation have been sanotioned under sub-section (&) or sub-section (6) by the Local Government or by the Local Government .and the Governor General in Council, as the case may be, the Local Government may, by notification i n the local offioial Gazette, direct the impcjsitisn of the tax as sanctioned from such date as may be specified in the notification, and thereupon t h e tax shall come into effeot as from t h e date so specified. $0. A tax imposed under this Act shalI not be Tax nat invalid for defect of form ;and, where any property ~~~a~ 'is desoribed for the purpose of assessing any such tax, form. it shall be sufficient t o desoribe it so that it shall be generally known, and it shall not be necessary to name the owner or ocmpier. 41. A committee, by a resolution passed a t a Power of special meeting and confirmed by the Local Governmoot, may abolieh or reduce any tax imposed undor or reauoc -this Act, or suspend the operation of any tax within or exempt any part of the munioipality for any specified period, from tax. ' o r exempt in whole or in part from the payment of 'any tax any person or class of persons or any property -or description of property. , \. . . . 42. Tlie .. *

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( Chapter 17.-Taxatio'a arnd Hzcfiicipal Pulzd,-Sectiolzs 42-44.) Power of L08al Government to abolish or rednoe tax. Duty of furnishing true information regarding liability to taxation.

Recovery of tares.

42. The Looal Government may, for' reasons to be recorded, exeroise the powers conferred on a committee by section 41. 43, (I) A committee may, by notice, call upon any inhabitant of the municipality to furnish within a reasonable time such information as may be necessary in order to ascertain(a) whether such inhabitant is liable to pay any tax imposed under this Act ; and (b) the amount at whioh he should be assessed. (2) Where any inhabitant cthlled upon to furnish information in pursuanoe of sub-section (I)omits to furnish it, or furnishes information which is untrue, and whicth he knows or believes to be untrue or which he does not believe to be true, he shall be punishable with fine whioh may extend to one hundred rupees. 44. (1) Arrears of any tax may, On the application of the oommittee or' of some person authorized generally or specially by the oommittee in this behalf to a Magistrate having jurisdiction within the limits of the munioipality, be reoovered, with any Rum leviable on moount of court-feea or the prescribed prooess-fees, and with interest at the rate of twelve and a half per oentum per annum, by distress and sale of any moveable property belonging to the defaulter within the limits of suoh Magistrate's jurisdiction : Provided that no interest shall be so recoverad in any oase in which the Magistrate, for reasons to be recorded in wliting, considers it inexpedied that interest should be oharged. (2) Where the arrears are due in respect of immoveable property, they shall, subjeot to any olaim on behalf of His Majesty, be a first oharge on the property, and shall be recoverable, on the applioation of the committee or of some person authorized generally or specially by the oommitteje in thk behalf to the

(Chapter IT.-Taxation

and Mafiicipak'Pand.-23ecb 5-46.)

the Deputy Commissioner, as if t h e - ~ r o ~ e r twere y land assessed to landdrevenue and the a~rehrwere an arrear of such revenue due thereon : Provided that nothing in this sub-section shall be deemed to authorize the arrest of a defaulter. (3) Where there is no sufficient moveable property belonging to the person from whom any money is claimable on account of any arrears of any tax within the jurisdiction of any Magistrate having jurisdiction within the limits of the municipality, any such Magis. trate may, on the application of the oommittee or of some person authorized generally or specially by the committee in this behalf, grant a certificate of the amount due on account of arrears, with court-fees, process-fees and interest (if any), by the person from whom the money is claimable, and shall forward the certificate so granted to the Magistrate within whose jurisdiotion any such property belonging to such perL son is or is believed to be ;and the Magistrate receiving such certificate shall proceed to recover, by distress and sale of any moveable property belonging to the defaulter within the limits of his jurisdiotion, the amount certified, with any further sum leviable on account of court-feed or process-fees, and shall remit the amount reoovered under such oertificate to the Magistrate by whom the certificate was granted. 45. (1) Where any license is granted by a corn- Power to mittee under this Act, or where permission is given ~hargefew by a oommittee for making any temporary erection or for putting up any projection or for the temporary oocupation of any dtreet, the committee may ch'arge a fee for such license or permission. (2) The colinmittee may also charge suoh fees as may be fixed by by-laws made under sedtion 106 for the use of aby places belonging to, or under the control of, the' committee. 46. (1) An-tippeal from the assessment or levy Appeals of any tax undef this 'Act shall lie t o the Deputy tz;z;ipa 6ommissioner \

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@ommissioner or to suoh other officer as may b e , empowered by. the Local Government i n this behalf: Provided that, where the Deputy Commissioner or suoh other o5cer as aforesaid is a member of the committee, the appeal shall lie to the Commissioner. ( 2 ) Where, on the hearing of an appeal under this section, any question as to the liability to, or tlie principle of assessment of, a tax arises, on which the officer hearing t,he appeal entertains a reasonable doubt, he may, either of his ovvn motion or on the application of any person interested, dray u p a statement, of the faots of the oaso and the point on which the doubt is entertained, and refer the statement with his own opinion on the point for the decision of the Judicial Commissioner.

(Ohapter IT.-T~xation and Municipn l wPilnd.--Bettions 48-60.) t

where an opportunity for submitting objections-to the committee is allowed and any objection has been duly submitted. * (2) Except as provided in sub-section ( I ) , no appeal shall lie in respect of any tax, unless the appeal is preferred within one month from the time when the demand for the tax is made, 48. No objection shall be talcen to any valuation $ '=I : ; ; ; : or assessment, nor shall the liability of any person to questioned be assessed or taxed be questioned, in any other except under manner or by any other authority than is provided thla Act. in this Aot. t

Mzcnicipal Fmd amd Property.

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v of 1861. 1x1 of 186t.

1

49. There shall be formed for each municipality a munioipal fund, and there shall be placed to the credit thereof(a) all sums received by or on behalf of the committee ; (6) a11 fines recovered from persons convicted of offences committed within the municipality against this Act or any rules or by-laws made thereunder or against section 34 of the Police Bet, 1861, or against the Publio Gambling Act, 1867 ; (c) the balance (if any) standing a t the commencement of this Act at the credit of the municipal fund under the control of the committee. 50. (I) The committee shall set apart and apply annually out oE the munioipal fund-(a;) first, such sum as may be required for the payment of any amounts falling due on any loan legally contracted by i t ; (b) secondly,

Constitution of munioipal fund,

Application of f nnd.

I

including such subscriptions and contributions as are referred to in sections 28 and 29, and such sum as may be required for the maintenance of 8 police-establishment under Chapter V ; (c) thirdly, suoh sum as may be required to pay the expenses of pauper lunatics sent to public asylums from the municipality, the expenses incurred in auditing the accounts of the committee, and such portion of the cost of the Provincial Departments for education, sanitation, vaccination, medical relief and publio works as may be held by the Local Government to be equitably debitable to the committee in return for services rendered to it by these departmen ts ; and (d) fourthly, the cost of the construction and maintenance of buildings for the offices of the committee. (2) Subject to the charges specified in sub-section ( I ) and to suoh priority in respect of the several duties of the committee as may be prescribed, the municipal fund shall be applioable to the payment, in whole or in part, of the charges and expenses incidental to the following matters within the limits of the municipality, and, with the sanction gf the Commissioner, to the payment of the like charges and expenses without 'those limits where such an application of the fund is for the benefit of the inhabitants .of the municipality, namely :-(a) the oonstruotion, maintenance, improvement, cleaneing and repair of streets and public bridges, embankments, drains, latrines, cesspools, tank8 and water-oourses ; (8) the watering and lighting of the streets or any 0

(a)

the

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-

d

-

-

-

-

"

( Oha9ter I B.-Taxation

and Mulnici9aZ Purtd.- Xection 60.)

(c) the construction, establishment and maintenance of schools, hospitals and dispensaries, including veterinary dispensaries, and of other institutions for the promotion of education or for the benefit of the publio, and of rest-houses, sarais, poor-houses, markets, encamping-grounds, recreationgrounds, gardens, parks, pounds and other works of public utllity, and the control and administration of public institutions of any of these descriptions ; (d) grants-in-aid to schools, hospitals, dispensaries; inoluding veterinary dispensaries, poorhouses, leper-asylums and other educational or charitable institutions ; (e) the training of teachers and the establishment of scholarships ; (f) the giving of relief and the establishment and maintenance of relief.works in time of famine or scarcity ; (g) the supply,- storage and preservation from pollution of water for the use of men or animals ; (h) the planting and preservation of trees ; (i) the taking of a oensus, and the registration of births, marriages and deaths ; (j') public vaccination and any other sanitary measure; ( h ) the holding of fairs and industrial exhibi;' tions ; ( I ) all acts and things likely to promote the safety, health, welfare or oonvenience of the inhabitants ; and (m) any other matter expenditure whereon may be declared by tho- committee, with the sano. tion of the Looal Government, to be an appropriate charge 04the munioipal fund. - -. 51. ( I ) In

.

(,

I

Custody and investment of munioipal

fund.

Property vested in aommittee.

-

51. 11) I n places where there 'is a ~ o v e r n m e n t treasury or sub-treasury, or a bank to which the Government treasury business has been made over, the municipal fund shall be kept in the treasury, subtreasury or bank. (2) I n plaoes where there is no such treasury or sub-treasury or bank, the municipal fund may be deposited wit.h any banker or person acting as a banker, who has given such security, if any, for the safe custody and repayment on demand of the fund so deposited as the Looal Government may in each case think sufficient. (3) A committee may, from time to time, with the previous sanction of the Local Qovernment, invest any portion of its municipal fund in secu~itiesof the Government of India or in such otber securities as the Governor General in Counoil may approve in this behalf, and may vary such investments for others of the like nature; and the income resulting from the securities and proceeds of the sale of the same shall be oredited to the municipal fund. 52. (1) Subject to any speoial reservation which may be made by the Local Government, all property of the nature hereinafter in this section specified and situated within the limits of the municipality shall be vested in and belong to the committee, and shall, with all other property which may become vested in the cornm$ttee, be under its direction, management and control, and shall be held and applied by it-for the purpQses of this Aot, that is to Bay :(a) all public town-walls, gates, markets, slaughterhouses, manure a'nd hight-soil depbts , and publio buildings ~f every description which have been construated or are maintained o u t of the .municipal fund ; (b) all public streams, springs and works for the supply, storage and distribution of water for public purposes, andoall bridges buildings#

( Chapter 1P.- Taxation artd [email protected] P2rnd.-- Xectiort 63.) buildings, engines, materials and things con* nected therewith or appertaining thereto, and also any adjacent land (not being private property) appertaining to any public tank or well; . ( 0 ) all publio sewers and drains, and all sewers, drains, culverts and water-courses in, alongside or under any street, and all works, materials and things appertaining thereto; (d) all dust, dirt, duig, ashes, refuse, animal matter or filth or rubbish of any kind, or dead bodies of animals, collected by the committee from the streets, houses, privies, sewers, oess-pools or elsewhere or deposited in places fixed by the oommittee under section 70 ; ( e ) all publio lamps, lamp-posts and apparatus oonneoted therewith or appertaining thereto ; ( f ) all land or other property transferred to the committee by His Majesty or by gift, purchase or otherwise for local public purposes ; and (p) all streets, and the pavements,stones and other materials thereof, and also all trees, ereotions, materials, implemenf;~ and things provided f or such streets. (2) The Local Government may, by notification ,in the local official Gazette, direot that any property whioh has vested under sub-section ( 1 ) in the committee, shall cease to bo so vested, and thereupon the property specified in the notification shall cease to be so vested, and the Local Government may pass such .orders as it thinks fit rsgarding the disposal and many sgement of such property. 53. Where any land, whether within or without the limits of a municipality, is required for the pur- under A,,~ poses of this Act, the Looal Government may, at the 1 of 1894.

$f:.ftion

request

I

the Government i n conneotion with the proceedings, the land shall vest in the committee.

-

CHAPTER V. Police-

Relief of committee from polioeoharges,

-

MUNIUIPAL POLICE.

54, (1) Every oommittee shall, unless it ia relieved gf the ~bligationby the Local Government, maintain

55. (1)The Local Government may relieve any committee of the cost of the whole or a part of the police-establishment, and may enter into a contract with the oornmittee, on such terms as may be agreed on, that, in oonsideration of such relief, the committee shall pay periodically a sum not exceeding the estimated cost of suoh relief or undertake any services within the wunioipality to which the municipal fund can properly be applied, and whioh are estimated to cost not more than such relief. B

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establishmenh, the Local Government shall maintain 'such police-establishmknt as it -considers necessary, -slid; s~ibjectt o the provisions of the Cantonments XI11 of 1889. Aot, 1889, the establishment so maintained ,may be either a body of watchmen or a part of tlie general police-force under'the L'ocal Government within the meaning of section 2 of the Police Act, 1861, or partly V of 1861. one and partly the other. 56.'( I ) Where the - establishment maintained Appointunder this Chapter is whoIly or in part a body of ment,linbilities ar~d watchmen, the watchmen shalIduties of (a) be, under the orders of the District Superintendent of Police, subject to the generql control of the Distriot Magistrate; ,Qael:. . . . ( b ) be, in respect of their appointment, promotion, dismissal, susriension or punishment and in respect t o their duties geneially, subject to s u o l ~rulegas may be made in this behalf under this Act ; and (O) possess the same powers, be ontitled t o the same assis'tance, enjoy the same protection, be subject to the same responsibilities, and be liable to the same penalties as if they were polioe-offioers enrolled under the Police Aot, 1861. (2) Any person obstructing any such vatchman in the ,discharge of his duties may be arrested witl~out warrant by a police-cifficer o r b y sny such watchman. 57. If 'the establishment maintained under this Ol~apteror any portion of sticll establibllment is part munioi~al.. of the general police-force, the Local Government police of 1861. may, notwithstanding anything in the Police Act, under A Cv~ 1881, or in any other,enactment for tho time being of 1861. in force, define, subjeot to the provisions of this Act, the duties which t,he officers and men of the establish-. . ment or-suoh portion thereof may or may' .not .be re-

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.

.

.

58. Where Q L

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Hmioipalitde (Cefitral Provinces). [AOT xvs 226 (Cha9ter P.-Mzunic~ol Police.-8ectioa 68. Chap* r -PIT-.Powers-$or -8alzitary- and_.ot-&er Turd poses. -Sect ioms €29-61.) Police-protytion at faire,eta.

58. Where special polioe-protection is, i n tlie

. opinion

of the Local Government, requisite on t h e occasion of any fair, agricultural show or industrial exhibition managed by a, committee, or any religious ceremony or Festival held within the municipality, tlie Ldcal Government may provide euch protection, a n d t h e committee shall pay the whole charge thereof or suoh portion of the charge as tlie Local Government may consider equitably debitable to it.

CEAPTER VI.

POWERSFOR SANITARY AND

OTHER

PURPOSES.

Streets apad Bzcildimgs. . .

Power to acqu!re lnnd for building. aitee adjoinIng new etreete.

Power to close streets.

Power to permit temporary occupation of stlleets or

land.

59. Where any land is required for a new street or for tlie improvement of a n existing street, the committee may proceed to acquire, in addition to tile land to be occupied by the street, the land necessary for the sites of t h e buildings to be arected on the sides of tlie street. 60. The aommittes may close temporarily any street or any part thereof for the purpose of repairs, or for the purpose of constructing or repairing any sewer, drain, culvert or bridge, or for any other publio purpose, and may divert, discontinue or permanently close any street vested in the committee and sell t h e land or such part thereof as is not required for the purposes of this Act. 61. The committee may, by order in writing, permit the temporary occupation of any street or land vested i n i t for the purpose of depositing any building-materials or making any temporary excavation therein or erection thereon, subject to such conditions .as it may prescribe for the safety or convenience of .persons passing by or dwelling or working in the neighbourhood, and 'may charge few for such permission,

1943.1 Mu~icipaEities(Ceretral Provinces); 221 (Chapter PI.--Powers for fiafiitary and other Parposes.-Sections 62-66.) persission. 62. The committee may attach to the outside of Power to any building braclcets for lamps i n sucll manner as not to occasion any injury to the building or incon- lamps. venience to tlie owner or oocupier or to the public.. 63. The committee at a meeting may cause a name Names of to be given to any street, and to be affixed on any building in such plaoe as it thinks fit, and may also bu,ldinga. muse a number to be affixed to any building ; and in like manner may, from time to time, cause auc4 names and numbers to be altered. 64. Tlie oommittee at a meeting may direct that, Rllofsana within certain limits to be fined by it, tlie roofs and ~ ~ ~ U to, " external walls of huts or other buildings shall not be be made of made or renewed of grass, mats, leaves or other in- ~ ~ ~ flammable materials unless with the written permissior, of the committee ; and tho committee may, by notice, require any person to remove or alter as i t may tliink fit the roofs or walls so made or renewed. 65. (1) Where any building or part of a building Power to projects beyond the iront of tlie buildin? which is on zg$;,;i:! eitlter side thereof, or beyond the regular line of a street, either existing or determined on for the future, ' t h e committee may, if the building or part has been either entirely or in greater part taken down or burnt down or has fallen down, require by notice that the building or part, when being re-built, sl~allbe set back'to or towards the said regular line or the front of the adjoining buildings; and tlie portion of the land added to the street by such setting back or removal shall beoome part of the street and shall vest i n the bomrni ttee : Provided that the oommittee shall rnako full compensation to the owner for any damage he may sustain in consequence of his building or any part thereof being set back. (2) The committee may, on such terms as it thinks

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Power to regulate new build in^. u

thinks fit, allow any building to be set forward for the improvement of the line of the streat. 66. (1) Every person who intends to erect or re-erect(a) any building abutting on or adjoining any street, or any public place or property vested, in Hie Majesty or in the committee ; ( b ) any building, if s s required by any by-law made under section 106, shall give notice in writing of his intention to the committee, and the committee may either refuse to sanction the said building or may sanction tbe said building absolutely or subject to any written directions which the committee may deem fit to issue in respect of all or any of the matters following, namely :(i) tlie free passage or way in front of the building; (ii) the space to be left about the building to secure the free oircalation of air and facilitate scavenging and for the prevention of fire ; (iii) the ventilation of the building, and the provision and position, material!, and method of construction of drains, privies or cess-pools ; (iv) the level and width of foundation, the level of lowest floor and stability of structure ; (v) the line of frontage wit! neighbouring.build- , ings, if the building abuts on astreet ;and (vi) the means to be provided for egress from the building in case of fire ; and the person erecting or re-erecting any suoh building as aforesaid shall obey all suoh written directions : Provided that the committee shall not refuse to sanction the erection or re-erection of such building except on the ground that its erection or a re-erection Would '

1903 ]

~ u l a i i i ~ a i i t i (Central es ~ r o i o l i i ~ e s j . 229 ' (Chapter PI.-Powers for Sanitary alacl othei* Par-

venionce of the publie, or of persorls who dwell or oacupy property in the vicinity, or that, having regard to the locality, it is unsuitable in plan or design, or for other reasonable cause assigned : and Provided, also, that the committee shall make full compensation to the owner for any loss or damage which he may sustain in consequence of the prohibition of the re-ereetion of any building, or of its requiring any land I~elongingto him to be aiaded to the street. (2) The aommittee may require any person, who has given such notice, to submit within one week of the receipt of the requisition a suf-licient plan and specification of the building which he intends to [email protected] or re-erect, together with a site plan of the land, with such reasonable details as the committee may prescribe in the requisition; and in such aaso the notice shall not be valid until such plans and specification have been supplied. (3) Where the committee neglects or omitsfor one month after the receipt of a valid notice under subsection (1) to make and deliver to the person who has given sucb notice any older in respect thereof, and such person has by written @ommunicationcalled the attention of the committee to the omission or neglect, and, where such omission or neglect continues for a further period of' fifteen days, the committee shall be dbemed to have sanctioned the proposed building ahsolutely. (4) Where the building so sanctioned is not begun by the person who has obtained such sanation, or by some one lawfully claiming under him, within six months from the date when suoh sanction is given, it shall not be begun without fresh sanction ; but such person as aforesaid may a t any subsequent time give fresh notice to the committee in the manner aforesaid, and thereupon the provisions of this section shall apply to such fresh notice. (5) Where ,

230

Nwnicipa2ities (Cen t ~ a Prosdrcces) l . [ACT xvn

(5) Where any such building is begun or erected without sanction or in contravention of any written direotions of t l ~ ecommittee issued under sub-section ( I ) , or after the sanction has lapsed, the committee may, by notice given within a reasonable time, require the building to be altered or demolished as i t may deem necessary. Bxp2anation.-The expression " ereot any build ing " includes the erection of any wall and all additions and alterations which involve new foundations or increased superstructure on existing foundations, or the conversion into a dwelling-house of any build_ ing not originally constructed for human habitation, or the conversion into more than one dwslling-house of R building originally constructed as one dwellinghouse only. 67. (1)No person shall, without the written permission of the oommittee, add to or place against or in front of any building, any projection or structure overhangsing, projecting into, or encroaching on any street or into, on or over any drain, sewer or aqueduct therein. (2) 'The committee may, by notice, require the own& or occupier of any building to remove or alter any suoh projection or struoture : Provided that, in the oase of any such projection or ~tructure lawfully in existence at the comniencement of this Act, the oommittee shall make reasonable compensation for any damage caused .by the removal or alteration. (3) The oommittee may, by order i n writing, permit the owners or occupiers of buildings in streets to put u p open verandahs, balconiee or rooms projeoting from any upper storey thereof to an extent beyond the line of the plinth or basement wall, and a t a height from the level of the ground or street, to be specified in t h e written permission.

-

,

I

Removal of projeotions a, overhanging stmctnres.

(Chapter 71;-Powers for salzitary and 0th-ey pwrposes.-Secfio~as 69-71.) building or land within the limits of a municipality which is the property of His Majesty.

btlildillgs or lands f rcm the operation of sections 69 to 67.

Bathifig alzd Waehifig Places. 69. The committee may set apart suitable places Bathing for the purpose of bathing, and may specify the times washing a t which, and the sex of the persons by whom, such places' places may be used, and may also set' apart suitable places for washing animals or clothes, or for any other purpose connected with the health, cleanliness or comfort of the inhabitants of the munioipality, and may, by public notice, prohibit bathing, or washing animals or olothes, in any public place not so set apart, or a t times or by persons other than those specified, and all other aots not so permitted which may render wat,er in publio places foul or unfit for use o r may cause inconvenience or annoyanoe to persons. using the bathing or washing places.

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Deposit of Ofefisive Matter and Slazcghter-places. 70. The committee may fix places within or, with Removal ma the approval of the Deputy Oommissioner, without dep~"tof offenBive the limits of the municipality for the deposit of refuse, matter, rubbish or offensive matter of any kind or for the dispo~alof the dead bodies of animals, and may by public notice give directions as to the time, manner and oonditions at, in and under which such refuse, rubbish'or offensive matter or dead bodies of animals may be removed along any street and deposited a t such places. 71. (1)The committee may, with the approval of PIaoee for the Deputy Oommissioner, fix and abolish places either s'nuaht+,r of animals. within or without the limits of the municipality for the slaughter of animals for sale, or of any specified description of suoh animals, and may with the like approval grant and withdraw licenses for the use of sue11 places, or, if they belong to, or are under the oon trol

232 , Munieipatilies (Ceatral Provitlces) . [ACT XVI, (Chapter .PI.&Powers for Xa~itaryaad othcr -Par-

of animale for other pnrposes.

provisions with respect to dispo"10f dend bodlee of snimals,

control of, the committee, charge rent or fees for the use of t l ~ esame. (2) Vi'here such places are fixed I)y the committee without the limits of the municipality, it sllall have the same power to make rules for the inspection and proper regulation of the same, as if they were within those limits. (3) Where any such place has been fixed, no person sflall slaugl~terfor sale any such animal at any other place within the municipality. 72. Where it appea.rsto the Deputy Commissioner to benecessary for the preservation of the public peace or order, he may, with the previous sanction of the Commissioner and by notification published in the manner prescribed, prohibit or regulate the slaughter within the limits of a municipality of animals, or of any specified description of animals, for purposes other than sale, and specify the mode and route in and by which meat shall be conveyed from the place where such animals are slaughtered, 73. (1) Where any animal in the charge of any person dies otherwise than by being slaughtered either for sale or consumption or for some religious purpose, the person in charge thereof shall within twenty-four houm, either(a) convey the carcass to a place (if any) fixed ,by the committee under section 70 for the disposal of the dead bodies of animals, or, where no such place has been fixed, t o a place without the limits of the municipality not being within one mile of those limits where such bodies may lawfully be deposited ; (8) give notice of the death to the committee, whereupon the committee shall causo the carcass to be disposed ,of. (2) In respect of the disposal of a carcass under sub.se~tion(I), clause (b), the committee m a r ohsbrge such

such fee as may from time to time be fixed by resolution of the committee in this behalf. 74. For the purposes of sections 70, 11, 72 and 73, all c%ti;le, elephants, camels, horses, asses, mules, deer, sheep, goats, swine and other large animals sllall be deemed to be " animals

Definitioqof "anima'*

".

Bzlrial alzd Burlzing Places.

75, ( 2 ) The commit.tee may, by public notice, order any burial or burning ground which is, in its opinion, dangerous t o the health of persons living in the neighbourhood to be closed from a date to be specified in the notioe, and shall in fiucll case, if no suitable place for burial or burning exists within a reasonable distance, provide a fitting place for the purpose. (2) ~ r i v a t burial-places i in such burial-grounds may be excepted from the notice, subject to suoh conditions as the committee may impose in this behalf : Provided that the limits of such burial-places rare aufficiently defined, and that they shall only be used for the burial of members of the family of the owners thereof. (3) No burial or burning ground, a h e t l ~ e rpublic or private, shall be made or formed, after the commenoernent of this Act, without the permission i n writing of the committee. 76. The committee may, by public notice, pre; scribe routes for the removal of corpses to burial or burning places.

Powersin respect of b,,,iPn,,a bnrnlllg places.

77. The committee may, where i t appears to it to be necessary for the prevention of danger to life or property, by public notice, prohibit all persons from stacking or collecting grass, straw, cotton, wood or other inflammable materials, or .placing mats or thatched huts or lighting fires, in-any place or within any limits specified in the notice,

hflavmable matenrls.

Powers 46

Removalof

Municipalkties (Cefiiral Provinces)'. [ACX XVI (Chapter TI.-Powers,for Sanitary and other P u r poses.- Sectiotis 78-79.) - - -- 284

Powers in respect of drai~!n, privies nnd cess-pools.

Powers of

entry on auildiogs or laad.

Powers of Entry and Ins9ection. 78. (1) The committee, by any person authorized by it in this behalf, mag, between sunrise and sunset, enter into any building or upon any land, and irlspect any drains, privies or oess-pools therein or thereon, and may cause the ground to be opened where suoh person as aforesaid mag think fit for the purpose of preventing or removing any nuisance arising from the drains, privies or cess-pools. (2) mThere, on such inspection, it appears t h a t the opening of the ground was necessary for the prevention or removal of a nuisance, the expenses thereby inourred sball be paid by the owner or occupier of theland or building : but where it is found that no nuisance exists, or but for such opening would have existed, the ground or portion of 'any building, drain or otber wark (if any) opened, injured or removed for the purposes of suoh inspection shall be filled in, restored and made good by the oommittee. (3) No building other than a latrine directly accessible from any street or public place shall be entered under this section unless six hours' notice has been" given to the occupier of the building' by the committee or by the person authorized by the committee to make the entry. 79. The committee, by any person authorized. by it in this behalf, may, after giving twenty -four hours' notice to the occupier or, where there i s no occvfiier, to the owner of any building or land, a t any time between sunrise and sunset-(a) enter upon and survey and take levels of any land ; ( b ) enter and inspect any building and by notiae direct all or any part thereof to be forthwith internally or externally lime-washed, disinfected or otherwise cleansed for sanitary reasons ; (c) enter 0

46 b

'

I

nd other Pzcr-

I

Mu.lzicipulities (Oeatral P~.oviwes).'[ACT xyr (Chapler PI.-PowersJor Saaitary aad other Par-- - poses.-Sectiorns - - --82-83.) -- _ 2361

such as may be reasonably requisite for the purpose of analysis, the person exposing the same-'for sale shall be boand to sell such quantity. Power of 82. (1) The committee may provide for the perentry in oertain oauee formance by its agents of the duties usually perfor purpose0 formed by sweepers in respect of any building or land, oonnected mith scareng- or of any privy, drain, cess-pool or other receptacle for offensive matter pertaining to any building Ing. or ldnd with the consent of trhe occupier of the building or land, or without such consent if the occupier fails to make arrangements to the satisfaction of the committee for the performance of such duties. ( 2 ) Where the committee has undertaken to provide for the performauce by its agents of s~zcll duties as aforesaid, the persons employed by i t to perform the same'may enter upon the property at all reasonable times so far as may be necessary for the proper discharge of those duties ; and the oommittee, by any person authorized by it in this behalf, may enter upon the property a t all reasonable times for . the purpose of ascertaining that such duties have been duly performed. 83. (1) The committee may, a t any reasonable Power in respeot of time, by any person authorized by it in this behalf, inflammable enter and inspect any house or building which is susor explosive material pected to contain petroleun?, or any other explosive or ' when inflammable material in excess of the quantity perin excess of mitted to be kept in such house or building by or authorized quantity. underthisAct. (2) Where. any such excess quantity of such material is discovered, i t may be seized and held subject to such orders as the Distridt'Magistrate may .make with respect thereto. - . (3) Where the District. Magistrate decides that the material seized was stored in the house or buildiny, i n :contravention.,,of: this Act or 'of atly rule .or .pubhc notice ,

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(4) Subject to any rules f o r the time being applicable thereto, the material so oonfiscated may be sold by .order of the District Magistrate, and the proceeds, after defraying tlie expenses of the sale, shall be credited to the municipal fund. (6) No order of confiscation under this section fihall operate to prevent any other criminal or civil proceeding to which the persons storing the material in excessive quantity mar be liable.

Water-pipes, Privies and Drain$.

or the land appurtenant thereto.

L n

Mwzici2at ities (Central ~Prooinices): [AOT xv I (Chn9ter PI. -Powers for Sanitary avd other Purpose_s,--L9eatio_n 8ZZb 238

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think fit and to cause the same to be kept in proper order, and to be daily cleaned. (3) The committee may; by notice, require tlie owner or occupier of any building or land to have any privy provided for the same shut out by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood, or to remove or alter, as the committee directs, any door or trap-door of a privy opening on to any street or drain. Repair and 87. (1) The committee may, by notice, require cl?e.i!~g of the owner or occupier of any building or laud to pTiv1e8, repair or alter or put in good order any privy, draiu drains ur oe~s-pc.ols. or cess-pool, or to close any cess-pool belonging thereto, 01- to connect any drain on such building or land with any puhlic drain : Provided that no owner or occupier shall be bound under this sub-section, i n order to establish such connection, to carry out any work oa land or premises not owned or occupied by him to a greater distance than twenty-five feet. (2) The committee may, by notice, require any any new privy, drain or cessperson wl~o~constructs pool without its written permission or in contravention of its directions or of the provisions of this Act, or who constructs, re-builds or opens'any privy, drain or cess-pool which the oommittee has ordered t o be removed or stopped up or%notto be made, to remove the privy, drain or cess-pool, or to make such alteration therein as the committee thinks fit. Unauthorized 88. The committee may, by notice, require any bnildillgover person who without its written permission erects qr drains. re-bui.lds.any building over any public sewer, drain, culvert, wdter course or witer-pipe vested in the committee to pull down or,otherwise deal with the build-ing a s i t thinksfit. t em oval of 89. Tbe committee may, by notice, require any drains, labrinea or cess. ..owner .or ockupier . on m~hose!and 'any draira, latrine, ~. urinal, C

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Da~gerozcsBzcildhgs and Places.

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%arcicBpd&ties (OerttraZ ~i.ouircbe&i.[am xvi other Par(Chapter PI.- Powers for S a a i t a l *and ~ es.--Sectiorts 93-97.) - - ---

'246

'imminent danger, the committee shall fortllwitlr t a k e such steps as are necessary to avert the danger.

Bzcildircgs artd Grozcnds

Goadition.

93. The committee may, by notice, require t h e owner or occupier of any land t o clear away and remove any thick or noxious vegetation or undergrowth which appears to it to be injurious to health or offensive to the neighbourhood. Power to 94. The committee may, by notice, require t h e require owner owner or occupier of any land to cut or trim, within to trim hedges three days, the hedges standing on the land and borderand trees bordering on ing on any street, or the branches of trees growing on street. the land and overhanging any street and obstructing the same or causing danger thereto, or so overhanging any well, tank or other source from which water i s derived for public use as to be likely to pollute t h e water thereof. Power to 95. Wllere the owner or occupier of any building "quire or land suffers the same to be in a filthy or unwliolebtiildings or some state, the committee may, by notice, require him I & I I ~to be cleaned* to oleanse the same or otherwise put it in a proper state within twenty-four hours. power to 96. Where any building appears to the committee to be unfit for human habitation in consequence of for human habitation of the want of proper means of drainage or ventilation or for other sufficient reason, the committee may, by unfit for such use. notice, prohibit the owner or oocupier of the builgi'ng from using it for human habitation or suffering it t o be so used, until the committee is satisfied tllat it has been rendered fit for such use. 97, The oommittee may, by notice, require the Power to require UU-- owner, or any person claiming to be the owner, of any tananted building or land which, by reason of abandollment buildi~lgs becominga or disputed ownership or other cause, remains unnni~rtl~ce to or tenanted and thereby becomes a resort of idre and disbe cnolusud. orderly persons or otherwise it nuisance, 40 secure or e enclose Power to t:qy:;ry;; noxious yegetation.

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Qri Zrcsamitmy

( Chcpter PI. -Powers

.for #a%itary and other Pur-

enclose the same within a reasonable time specified in the notice. 98. Where the oivil surgeon or health officer Powerto certifies that the oultivation of any description of Local Govorop, or the use of any kind of manure, or the irriga- prohibit cultivation, tion of land in any specified manner,uaeof manure ( a ) in any place within the limits of the muni- or irrigation oipality, is injurious or facilitates practices wllich are injurious to the health of'persons dwelling in the neighbourhood ; or ( b ) in any place within or without the limits of the municipality, is likely to contaminate the water-supply of the municipality or otherwise render it unfit for drinking purposes ; the Local Government may prohibit the cultivation of such crop, the use of such manuye, or the use of the method gf irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent the in jury : Provided that, if the act prohibited has been practised in the ordinary course of husbandry a t any time during the five years next preceding the date of . the prohibition, compeneation shall be pzlid from the municipal fund to all persons interested therein for any damage caused to them by such prohibition.

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Oflefisive &ad Dangerous Tindes. 99.. (1) No pIace within the limits of the munioipality shall be used(a) for melting.taIIow ;or (6) for boiling bones, offal or blood ;or ( c ) as a soap-house, oil-boiling-house, dyeing house or tannery ; or ( d ) as a brick-kiln, pottery or lime-kiln ; or (e) as any other manufactory or place of business from which offensive or unwholesome 'smells arise ; or (f as 4

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Regulation of otfeusive and dan,er. on8 trades,

(Chapter PI.-Powers fog* Sanitary acnd otheg4 P u r poses. --Sectiotas 100-102.) ( f ) as a yard or dep8t for trade in hay, straw, cotton, thatching grass, wood or coal, or petroleum or any other explosive or inflammable material, except under a license obtained by the owner or ocuupier from the committee and renewable annually. (2) No such lioense shall be withheld unless the committee considers that the business which i t is intended to establish or maintain, would be offensive or dangerous to persona residing in or frequenting tho . immediate neighbourhood. (3) The committee may charge fees for t h e issue and renemral of such licenses, and may impose such conditions in respect thereof as it thinks fit. Power to 100. Where i t is shown to the satisfaction of the prohibit suoh committee a t rt meeting that any place licensed under trades. section 99 is a nuisance to the neighbourhood or likely to be dangerous to life, health or property, the ' committee may, by notice, require the occupier of t,l~e place to discontinue the use thereof, or to use the place in such manner as will, in the opinion of the committee, render it no longer a nuisance or dangerous. Milkmen and 101. (1) Within such limits as the committee may others not to keep animals determine, no milkman, cartman or keeper of hackneyor cattle carriagw shall keep horses, ponies or cattle for the purpose of trade or business, except under n license ~ioense. obtained by' such person from the committee and renewable annually. (2) The committee may charge a fee not ixoeed. ing one rupee for the issue or renewal of any such license, and may impose such conditions in respect thereof as i t thinks fit.

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Sale of Food, Drink and Drzcgs.

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Power to make ae t o sale of srtioles intended for

102. (1) The committee may, from time to time, make by -laws, consistent with this Act,(a) to regulate the sale or exposure fo; sale of any specified

(Ohapter TI.--Powers for f l a ~ i t a ~altd g othercl"zlrposes.-8ectiolt 10.8.) speoified articles fn tended for human con- human sumption or drugs, either by rendering rnulpti drnp. licenses necessary or otllerwise ; (b) to fix fees for the grant of suoh licenses and prescribe the conditions subject to which they may be granted and revoked ; (c) to regulate the hours and manner of tmns$ort within the municipality of such specified articjes or drugs ; ( d ) to fix the places in which suoh specified artioles or drugs may or may not be sold or exposed for sale : (e) to prohibit the sale of the flesh of animals not slaughtered at a place fixed, or in acoordance with a license granted, under eeotion

71; (f ) to require sellers of meat to procure from, arid on requisition to produoe to, the person or persons empowered in this behalf by the committee, passes showing that their meat bas been slaughtered in a plaoe fixed or lioeused under section 7 1 and in accordance with any by-laws made under section 106, ~ub-section( I ) , clause (6) : and (g) to regulate the sanitary oondition of bakeries, dairies and places where milch animals are kept for profit : Provided that no person shall be punishable for t h o breach oE any by-law made under olause (a) or olause (d) by reason of the continuance of such sale or exposure for sale upon any premises which are at the time of the making of suoh by-law used for such purpose and have been so used for a period of not less than one year, until he has reoeived from the oommittee six months' notioe to discoptinue such sale or exposure for sale in such premises. (2) I n making any by-law under this section, the oommittee may direct that a breach of i t sliall be R

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B~nicip,aZilies.!(Cen.traE Prpvinces) [ACT xvr r s for Xbnitary-afid other p u l p s.-Section 103.) _ _

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be,p.unisl~able..withflne wl~icll:may extend to . fift.y rnpegs, and,where the. breach is a continuing breach, with further fine; q h i c h may extend to. five rupees f6r, ?very. day after.tha first during which the b ~ e a c h to have been-.persistediin. is,:prqyed . . ... .,. (3) No by-law made, under. this - section sllall apme i.nto force until it has been confirmed by the Local @overnment and published. for the prescribed time and i n the prescribed manner. . .

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Disposal of Dogs. Disposcrl of mad and stray dogs.

103. (1) The committree,by any person authorized by it in this behalf, may( a ) destroy or cause to be destroyed, or confine or cause to be confined, for such period as the committee may direct, any dog suffering from rabies or reasonably suspected to be suffering from rabies ; (b) oonfine, or cause to be confined, any dop found wandering about streets or pu blic places without collars or other marks distinguishing them as private property, and charge a fee for such detention, and destroy or otherwise dispose of any such dog if it is not claimed within one week and the fee paid ; (c) appoint from time to time, by public ngtice, certain periods within which any dogs willout collars or other marks distinguishing them as private property, found straying on the streets or beyond the enclosures of houses of the owners of such dogs, may bg destroyed and destroy or oause them to be destroyed accordingly. t);PJo oompensatifin.shal1, be payable in respect -. . :- of any dog destroyed or atherwise dispbsed of under Cs this seetion.. . . . . ~ 2 ~ : i ~ ~ i @ ~ '

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(Chapter P I . - - P O W for ~ ~ Sclfiitary u ~ otheP d PX&' poses.-Sectiolns 104-106.)

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104. Where the committee, on the report of the civil surgeon or health officer, considers that the water in any well, tank or other place is likely, if used for drinking, to engender or cause the spread of any dangerous disease, it may:&( a ) by publio n~tice,'~rohibit the removal or use of such water for drinking ; ( 6 ) by notice, require the owner or person having control of such well, tank or place either to keep the water disinfected to the satisfaction of the civil surgeon or health officer, or to take ~ u c hsteps as may be specified in the notice to ,prevent the public from having access to or using suoh water. . ..

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Prohibition use of unwhole. "Ome water'

By-Jaws generally. 105. (i) The committee may, from time to time, General power to make by-laws, consistent with this Act,make by(a) for protecting from injury or interference laws. any thing within the limits of the municipality being the property of His Majesty or of the committee; (b) for inspecting and regulating the use of encamping grounds, halting-places, pounds, sarais, markets, dhobis" ghats, slaughterhouses, places for the disposal of dead * animals, an( any places of public enter. . tainment and resort, and for the charge ~k of fees for the use of such buildings and places when vested in the committee ; (@) for licensing brokers, measurers and weiglimen ,practising their calling9 in public places within the municipality, and fixing tb6fees pay able for such licenses and the conditions on which they :are to b'e grant6d and may , be revoked ; ( d ) for

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(d) for presoribing the standard weights and measures to be used witbin the rnunicipalitg ; (e) for oontrolling and regulating the use and management of burial and burning grounds, and fixing the ftj,:s to be charged where * ~ u c hgrounds hapa been provided by the aommittee ; (f ) for pres~ribingthe means by which the owner or oocupier of any place which is a factory within the meaning of the Indian Faotories Aot, 1881, is to provide for the consump- xv of tion of the smoke of say chimney or furnaoe so as to prevent the smoke from being a nuisance to any person in the neighbourhood ; (g) for licensing proprietors or drivers of vehicles, boats or animals plying for hire within ths limits of the municipality, andwfixing t%e fees payable for such licenses and the conditions on which they are to be granted and may be revoked ; (h) for limiting the rates whiih may be demanded for the hire of any carriage, cart, boat or pther conveganoe or of animals hired to darry loads, or for the services of persons hired to carry hads where those conveyanoes, aainl'als or persons are hired within. the tuunioipality for a period not excsediqg twentydfour hours ;or for a service whioh would ordinarily be performed within twenty-four lours ; . ($) for seouring a proper registration of births, marriages and deaths ; , (j) for the proper- regulation of buildings Jet in lodgings or occupied by ooolies or by more t b n ooe family 1 (h) for

'1903.I

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111zcrtici~~Zities (Central P?*ouinces),

247

( h ) for the supervision 'and regulation of public cisterns, water-standards, wells, tanks, springs or other sources of public watersupply ; and, where water is supplied from a publio source to any private premises, for regulating and controlling such supply ; ( I ) for oontrolling and regulating the duties of sweepers and other persons employed by the committee for the clearing of drains and the removal and disposal of sewage and filth, and prescribing the oonditions on whioh they may withdraw from employment ; (m) where the collection of an octroi-tax has been sanotioned, for fixing octroi-limits for the purposes of that tax ; (a) for the regulation of building within the munictipality ; ( 0 ) for regulating the storage of any petroleum or other explosive material ; (p) for regulating or prohibiting the keeping of animals of any specified description ; (q) for regulating a n d prohibiting the stationing of carts or picketing of animals on any ground under the oontrol of the committee or the using such ground as a haltingplace forvehicles or animals or as a place for enoampment or the causing or permitting any animal to stray; (I.)for regulating traffic in the streets ;and (s) generally, for carrying out the purposes of t h i ~Act. (2) I n making any by-law under this dotion tho committee may direct that a breach of it shall be with fine which may extend to fifty rupees, and, w,Lere the breach is a continuing breach, with further fine whioh may extend to five rupees for I every

(3) NO by-law made under this section shall came into force until it has been ?onfirmed by the Loca.1 ~ ; ~ ~ and ~ published ~ ~ ~for ethe nprescribed t time and in the prescribed manner. (4) Notwithstanding anything in this section, the committee of a municipality i n which the Rackneycarriage ~ c t 1S79, , is i n force, shall not make by-laws XIV ,f 1~ under sub-section ( I ) , clauses (g-) and (h), i n respect of any vehicles to whioh that Act applies. 106. Subject to any orders which t h e Looal Government; may make.in this behalf, tho committee may order any person not to do, or 110t to omit t o do, within the limits of the municipality, anything the doing of, or the omission to do, which is a p u b l i c XLV of 16 nuisance under the Indian Penal Code. 107. ( I ) The Local Government may invest, within he limits of a, municipality, the committee with

The committee may, a t

a. special meeting,

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1903.1

o subommit:ees.

committee by section 106, or with which the committee may have been invested under section 101. (2) Any notice, which under this Chapter may be piven by a committee, may be given by a sub-committee, if the by-laws so provide. CHAPTER VII.

OFFENCES AND PENALTIES. 109. Whoever, without the written permission of Depositing the committee or in disregard of its orders, throws or ''',,~~'':'"g de~osits.or permits his servants or members of his materials hbusehoid un'der his control t o throw or deposit, earth or materials of any description, or refuse, rubbish or o~e,si,, offensive matter of any kind, upon any street or matter on public place, or into any public sewer or drain or gyi:r any drain commllnicating therewith, shall be punishable with fine which may extecd to twenty rupees. 110. Whoever, without the written permission of Discharging' the committee, causes or allows the water of any sink, sewer or cess-pool, or any other offensive matter, to flow, drain or be put upon any street or publio place or into any sewer or drain not set apart for t h e purpose, shall be punishable with fine which may oxtend to twenty rupees. a -111. Whoever, being the owner or occupier of any Failure to building or land, keeps or allows to be kept for more :&;;ie than twenty-four hours, or otherwise than in some matt,, proper receptacle, any dirt, dung, bones, ashes, nightsoil or filth or any noxious or offensive matter in or upon such building or land, or suffers any such , receptacle to be in a filthy or noxious state, or neglects to employ proper meaus to cleanse and purify the same, shall be punishable with fine which may extend t o fifty rupees. 112. Whoever,

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260 Mrrnicipalitit?~(Oefitral 'Provinces). [ACPXVI (Chapter 711.--0flence.q and Penalt ias.- Sections Making or altering drains without authority.

112. Whoever, without the written permission

oE the committee, makes or causes Go be made, or alters or causes to be altered, any drain leading into any of the channels, sewers or draias vested in the committee, shall be punishable with fine which may extend Go fifty rupees. 113, Whoever makes, without the written perMaking or keeping mission of the committee, or keeps for a longer time latrines near than one meek after a notice to remove or close issued souroe of waterunder section 89, any drain, latrine, urinal, cess8 U ~ ~ b . pool or other receptacle for filth or refuse within fifty feet of any spring, well, tank, reservoir or other source from which water is or may be derived for public use, shall be punishable with fine which may extend to twenty rupees, and, where a notice has iesued, with further fine which may extend to five rupees for eaoh day during which the offence is proved to have been persisted in after the lapse of the period allowed for removal or closure. 114. Whoever feeds or allows to be fed on any Feeding allimals on deleterious substance, filth or refuse of any kind an? animal which is kept for dairy purposes or is intendeil eubstanoes. for human consumption shall be punishable with fine which may extend to fifty rupees. 115. Whoever, in .driving a vehicle in any street, Negleat of fails, except in case of actual necessity, to keep to therule of the the left when passing a vehicle coming from the opposite direction and to the right when passing vehicle going in the same direction, shall be punjshable with fino which may extend to ten rupees. 116. Whoever drives anx vehicle without having Driving vehioles proper means of controlling any animal harnessed therein, or drives any vehicle of any kind after dark proper mealla ofcontrol or in any street unless the vehicle is properly supplied without with lights or there is sufflcient moonlight to render lights. lights unnecessary, shall be punishable with fine which may extend to twenty rupees. Dincharging 117. Whoever discharges fire-arms or lets off fire-srms, eto. .. ireworke

1903.1 Mmicipalitdes (Central Prou8tace~~). 2 5 1 (Ohhpter VIA- Of'ences altd Perta1tics.-Sections 118-122.) fireworks or fire-balloons, or flies kites, or engiiges in any game, in such a manner as to oause or be likely ho cause danger or annoyance to persons passing by or dwelling or working in the neighbourhood, or risk of injury to property, shall be punishable with fine which may extend to twenty rupees. 118. Whoever, being an elephaot-driver or camel- ~p~'~;:na driver, omits on being requested to do so to remove ca,,lB, his elephant or camel to a safe distance on the approach of a horse, whether ridden or driven, or of any vehicle drawn by bullocks, shall be punishable with fine wbioh may extend to twenty rupees. 119. Whoever, in disregard of any orders of the Taking committee, takes any animal or vehicle along s street zL!l$BOr shall be punishable with fine whioh may extend to along publia twenty rupees. roads. 120. Whoever, in disregard of any orders made Beating by the committee with the sanction of the Deputy $iigg Commissioner, beats any drum or sounds any musical mnsial in. instrument so as to cause annoyance to the public, strument. shall be punishable with fine which may &tend to twenty rupees. 121. Whoever wilfully or negligently lets loose Suffering any horse or other animal so as to cause, or negligently ~ ~ ~ b0 ~ , allows any horse or other animal to cause, injury, danger, alarm or annoyance t o any person, or suffers any ferocious dog to be a t large without a muzzle, shall be punishable with fine which may extend to fifty rupees. 122. Whoever, without the written permission of Altering. obstructing the committee, alters, obstructs or enoroaches uppn pr any street, public sewer, drain or water-course, or dis- lngnpon places, takes up or alters the pavement or other materials or the fences or posts of any street ar publio place, or deposits building materials or makes any hole or excavation on or in any street, shall be punishable with fine which may extend to fifty rupees. 123. Whoever

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(Chapter V1I.- O f e n c e and Peaa1ties.- Sectioas 123-1.30.) ~clsrrying, blasting, cutting timber or building.

Making or when suffering from disease. Distui-bing directioopost~ lamps.

Destroying or dehcing or numbers.

Slaughtering animals cont,y t, section 71.

Slaughtering animal-or oonveylng meat harg to ootiloation under section 12. ~[rnproper

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of animals. Burying or burning oorpso con-

128. Whoever quarries, ,blasts, cuts timber or carries on building operations in such a manner as t o cause, or be l i j i e l ~to cause, danger to persons passing by or dwelling or working in the neighbourhood, shall be punishable with fine which may extend to fifty rupees. 124. Whoe?er, when suffering from any infectious or contagious disease, makes or offers for sale any article intended for human consumption, shall bo punishable with fine which may extend to two hundred rupees. 125, Whoever, without the authority of the committee, defaces or disturbs any direction-post or lamppost, or extinguishes any light maintained by the committee in any street or public place, shall he punishable with fine which may extend to twenty rupees. 126. Whoever destroys, pulls down or defaces any name or number p u t up under section 63 by order of the committee, or puts up any different name or number, shall be punishable with fine which may extend t o twenty rupees. 127. Whoever, in contravention of the provisions of section 71, slaughters for sale any animal a t any place within the municipality other than the place fixed under that section, shall be punisl~ablewith fine which may extend to twenty rupees. 128. Whoever slaughters any animal or conveys meat from the place of slaughter in aontravention d? any notification under section 72, shall be punishaBle with fine which may extend to two hundred rupees. %

129. Whoever fails to comply with the provisions of section 73 in regard to the disposal of dead bodies of animals, shall be punishable with fine which may. extend to ten rupees, . 180. Whoever buries or burns, or causes or permits to be buried or burnt, any corpse in any,burialor

3;903..]

~~~ici~alO~ies~('Ceh~ral ' ' P r ~ v ~ n c e s ~ 2. 6 3

( Ch'apter. VII.- 0fences and' Penal ties.-Sect z'oias 131-133.)

or burnin'g groundmade or formed in contravention of the provisions' of section 75, or after' the d a b fixed thereunder.for:closing t l ~ e ' s ~ m shall e, be punishable with fine whioh may extend to fifty rupees. f31. Whoever"carriesa corpse along a route prohibited by the committee or in a manner likely to cause-annoyance to the- public, shall be punishable with fine which may extend to twenty rupees.

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routesor 80 as to cause

( 6 ) wEere the article is unavoidably mixed with some extraneous matter in the process -of colleotion or preparation.

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132. ( 1 ) Whoever sells to the prejudice of any purchaser any article intended for human consumpa tion which,is not of t h e nature, substance or quality of- the article demanded. by suoh purchaser, shall be punishable with fine which may extend t o one hundred rupees. - - ( 2 )Tho provisions of sub-section (1) shail n o t apply in the following oases, namely :(a) where any. matter or ingredient not injurious to health has been added to the article in ' order to make-it fit, as a.n article of commerce, for carriage or consumption,, and notwith intent fraudulently to increase its . bulls, weight or measure or t o conceal its inferior quality ;

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(3) The provisions of sub-section (1) shall apply to*the purchase . under' section 8 1 of any article-for the-purpose of analysis. 133. Where any animal, article or 'drug is brought before a-.Magistrateunder -section 81, sub-section (I), the Magistrate, if it i s proved tliat'the article or animal was intended for the-oonsumption of man. and is unfit therefor, or-that tlfe drug is..adtilteratediiisuchmanner as to lessen its efficacy or t o ohange its operation . or - to*render. it , nox$ous,--may - order -the'artio]e or-animal. to, be destroyed:-or to -Be.:sod:isposd of: as .to prevent

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prevent its being exposed for ale or ueed for human consumption, end the drug to be dealt with as be may think fit, and may direct that the owner or person i u possession of such article, animal or drug sball be punished with fine whioh may extend to one hundred rupees : Provided that a person who is in possession of any article or animal or drug as a osrrier or bailee thereof, shall not be liable to fine under this section. Refueing to 134. Whoever, in contravention of the provisions fie11food or of section 81, sub-seoti~n(2), refuses to sell any drink. article intended for human consumption, sball be punishable with fine which may extend to fifty rupees. Culti~?titIe;, 135. Whoever cultivates, uses manure or irrigates manuring Or in disregard of the prohibition or conditions imposed ir~igating under section 98, shall be punishable with fine which , ,,nt,,y to section 98. may extend to fifty rupees, and with further fiae which may extend to five rupees for every day aft8r the first during which the oBence is proved to have been perrsisted in. Using plaoes 136. Whoever, in contravention of the provisions Oertain of section 99 or of seotion 101, uses without a license trsdes witillo ~ t i i ~ e n s e . any place for any purpose mentioned in either of those sections, shall be punisl~able with fine which may extend to fifty rupees, and with gurther fine whioh may extend to ten rupees for every day after the first during which tlie offence is proved to havo been persisted in. 137. Whoever, after notice has been given under Using places for . section 100, uses any place or permits it to be used in OBenuve Or suoh a manner as to be a nuisance to the neighbour dangerous tmaes &fbr hood or dangerous, shall be punishable with fino which pro bib it or^ may extend to two hundred rupees, and with further notioe. fine which may extend to forby rupees for every day . after ths first during whioh the offence is proved to have been persisted in. solisifing for 138. Whoever, in any street or public place witt~in purposes of the limits of the municipality, loiters for the purpose prontiktion.

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M2c&cipalit%e8~(Central Provinoea). 2 56 ( C h a ~ t e r PII.-Oflertce and Penalties.-Seclio~a

1903,'J

189-140.)

of prostitution, or importunes any person to the commission of sexual immorality, shall be punishable with fine which may extend to fifty rupees : Provided that no Corlrt shall take oognizallce of an offence under this section except ou the complaint of the person importuned, or of a police-officer not below the rank of a Sub-Inspeotor and specially authoriged in this behalf in writing by the Deputy Commissioner or by the committee, or of an officer of the committee specially authori~edin this behalf in writing by the Deputy Commissioner. 139. Whoever disobeys any lawful §ion given Diaobeaieoae by public notice under the powers conferred by Chapter VI, or any written notice lawfully issued ableunder under the powers so conferred, or fails to comply anyother with the conditions subject to whioh any permission was given to him under those powers, shall, where the disobedience or omission is not an offence punishable under any other section, be punishable with fine which may extend to fifty rupees, and, in the case of a continuing breaoh, with further fine which may extend to fire rupees for every day after the first during whioh the breach is proved to hare been persisted in : Provided that, where the notice fixes a time within which a certain act is to be,done and no time is specified in this Act, it shall rest with tbe Magistrate to determine whether the time so fixed w w a reasonible time within the meaning- of this Aot. 140. Any prosecution for an offence punishable Proaeontion under section 130 or section 137 or seotion 139, where :,":$; the order which has been disobeyed is pppealable, ,,tain o,,,8. shall, when the Magistrate learns that an appsal has been insfituted from the order which has been disobeyed, be suspended pending t h e decision of the appeal, and, if the order is set aside on appeal, disobedience thereto shall not be deemed a n offence against the seotion. CHAPTER VIII.

E;$;Bb

D

4/1mici,alities (Ceatral .Provhces). (Chapter1 711I;--Bxtinctiou and Prevertti ---Sections 141-1427

256 --

Establishment and maintenance of fire-brigade.

Power of fire-brigade and other persons for suppression

of fires.

[A

c . ~XVI '

-

CHAPTER VIII. EXTINCTION AND PREVENTION O F FIRE. 141. For the prevention and extinction of fire t h e committee may establish and maintain a fire-brigade and may provide - any implements, machinery o r means of communicating intelligenoe whioh the committee may think necessary for the effioient discharge of their duties by the brigade. 142. (1) On the occasion of a fire within t h e limits of a municipality, any Magistrate, the secretary of the committee, any member of the committee, any member of a fire-brigade maintained by the cornmittee then and there direoting the operations of men belonging t o the brigade, and, if direoted so to do b y a Magistrate or the seoretary or a member of committee, any police-officer above the rank of constable, may(a) remove or order the removal of any who by his presence interferes with or impedes the operations for extinguishing the fire or for saving life or property; ( b ) close any street or passage in or near which any fire is burning ; (c) for the purpose of extinguishing the fire, break into or through or puil down or oause t o be broken into or through or pulled down, or used for the passage of hoses or other appliances, any premisvs ; (d) cause mains and pipes to be shut off so as t o give greater pressure of water in or near the place where the fire has oocurred; (e) call on the parsons in charge of any fireengine to render such assistance as may be possible ; and (f ) generally, *takesuch measures as may appear necessary for the preservation of life or property. @

.

1903.1 Bzcfiicipalities (Central Provitzceu) 26'7 (Chapter PIIX-Bxtinctiort and Preve~ttioltof #ire. ter 1X.- Cohtrol.

-

(2) No person sbsll be liable to pay compensation for any act done by him in good faith under sub-section ( I ) , (5') Any damage done in the exercise of a power conferred or a duty imposed by this section shall be deemed to be damage by fire within the meaning of any policy of insurance against fire. 143. The powers conferred by section 142 shall be subject to such regulations, conditions and restrictions as may be prescribed. 144. This Chapter shall not take effect i n any municipality until i t has been specially applied thereto by the Local Government a t the request of the committee. CHAPTER IX.

GON~ROL.

145. The Commissioner or the Deputy Gommissioner, not being a member of the committee, may( a ) enter upon and inspect, or cause to be en* tered upon and inspected, any immoveable property situate within the limits of his division or district and occupied by any committee or joint committee, or any work in progress within those limits under the .. direotion of a committee or joint committse ; ( 6 ) by order in writing, call for and inspect any book or document in the possession or under the oontrol of any committee or joint oommittee having authority within those limits ; (c) by order in writing, require any such committee or joint committee to furnish such statements, accounts, reports and copies of documents relating to the proceedings or d u tiee 4

O

8

-

duties of the comGfiee or joint committee as he may think fit to call for ;and ( d ) record, for the oonsideration of any such committee or joint cornmitotee,any observations which he may think proper in regard t o the prooeedings or duties of the oommittee. 146. (I) The Commissioner or t h e Deputy Commissioner may, by order i n writing, suspend within the limits of the division or district, as the case may be, tbe execution of any resolution or order of a committee or joint committee, or prohibit the doing within those limits of any act which is about to be done, or is being done, in pursuance of or under cover of tliis Act, if, in his opinion,.the resolution, order or act is in excess of the powers conferred by law, or the exeoution of the resolution or order or the doing of the aot is likely to lead to a breach of the peace, or to cause injury or annoyanoe to the publio or t o any class or body of persons. (2) Where a Commissioner or Deputy Commisc~ionermakes any order under this section, he shall forthwith forward a oopy thereof, with a statement of his reasons for making it, to the Local Government, which may thereupon rescind the order, or direct that it continuq i n force with, or without modification, permanently or for such period as i t thinks f i t . 147. (I) I n cases of smergenczy t h Deputy Cgmmissioner may provide for the execution of any vork or the doing of any act whioh a committee is e a powered to execute or do, and the immediate exeoution or doing of which is in his opinion necessary for the servioe or safety of the public, and may direct that the expense of executing the work or doing the act shall be forthwith paid by the committee. (2) Where the expense is not so paid, the Deputy Commissioner may make an order directing the person having the oustody of the balance of the municipal -

Power lo muspend action Tinder Act.

I

1

Extra* ordinary

mlssiol~er iu oaeee of emergenoy.

municipal fund to pay the expense, or as m u i h tbereof as is from time to time possible, from the balance, in priority to any or all other charge: against the same. (3) The Deputy Commissioner shall forthwith report to the Commissioner every case in which he. nses the powers conferred on him by this section. 148. ( 1 ) W h e ~ ea t any time it appears to the Powersof Looal Government that a committee has made default Local Goyin performing ally duty imposed on it by or under erntneut ,,,, IU this or any other Act, the Local Government may, by default of order in w r i t i ~ g fix , a period for the performance of that duty. . (2) Where that duty is not performed within the period so fixed, the Local Government may appoint the Deputy Commissioner t o perform it, and may disect that the expense of performing it shall be paid, within such time as the Local Government may fix, to the Deputy Commissioner by the committee. (3) Where.the expense is not so paid, the Deputy Oommissioner, with the previous sanotion of the Local Government, may make an order direoting the person having the custody of the balance of the municipal fund t,o pay the expense, or so much thereof as is, from time to time, possible from the balance, in priority to any or all other charges against the same. 149. ( I ) Where a t any time it appears to the Local Power OE Government t&at a committee is not competent to perform, or persistently makes default in the performs rnpersede ance of, its duties under this or any other Aot for the committee case of time being in foroe, or exceeds or abuses its powers, -in i,,omp,~ the Local Government may, with the previous sanc- tenoy, tion of the Governor General in Council, by an order %$:,F: published, with the reasons for making it, i n tho looal abuse official Gazette, deolare the committee to be incom- powers. petent or in default, or to have exceeded or abused its powers, as the case may be, and supsrsede i t for a period to be speoified in the order. (2) Where

E;;l:;t";

rs 2

Power of Local Bovernment to Brame forme and make E&S,

(a) all members of the committee shall, i s from the date of the order, vacate their offises as such members ; (6) all powers and duties of the committee may, d ~ r i n gthe period of supersession, be exercised and performed by such person or persons as the Local Government appoints in that behalf ; (c) all property vested in the committee shall, during the peneivd of supersession, vest in His Slajesty. (3) On the expiration of the period of supersessim ~pecifiedin the order, the committee shall be re-con: stituted and the persons who vacated their offices under sub-section 421, clause (a), shall not be deemed disqualified for being members. 150. (1) The Local Government may frame forms for any proceedings of e oommittee for which it considers that forms should be provided, and may make rulesp consistent with this Act, to carry out the purposes and objects thereof for the guidance of cornmittees and public officers generally. (2) I n particular and without prejudice to tbe generality of the foregoing power, such rules may make provision-(a) for the collection of taxea imp&d under Act; (6) as to the election or appointment and the term of ofice of presidents, vice-presidents and members of committees ; go) as to the division of municipalities into wards or of the inhabitants into classes, or both, the number of representatives to be appointed for each -ward or class and tlie manner of thoir appointment ;and as to the quaIifioatioa3

?03,]

Hu J c i p ~ l i t i e s(Central P~oaincea). .-

$61

(Chapter 1~.-~ontrol.-~eoliop1'150,)

..

qualification of electors and of- candidate8 for election ; ( d ) as to the registration of electors, the nomination of candidates, the time of election, the mode of recording votes and generally for regulating all matters connected with the system of representation and eleotion ; (e) as to the appointment, promotion, suspension, reduction, punishment and dismissal of the sewants of aommittees ; as to the intermediate office or offices (if any) through which sorrespondence between oommittees and the Local Government or its officers and representations addressed under this Act to the Local Government, are to -pass ; (g) as to the accounts to be kept by committees, as to the manner in which such accounts are to be audited and published, and as to the power of the auditors in respect of disallowanse and surcharge ; (h) as to the preparation of estimates of income and expenditure of committees, and as to the authority by whom, and the conditions subject to which, such estimates may be sanctioned, and as to the sanction (if any) to be required before committees incur any expenditure ; ( i ) as to the fees to be levied on processes issued by Magistrates under seotion 44 ; aa t i the language in which the prooeedinge and correspondence of committees are to be conducted and recorded and as to the returns, statements and reports to be submitted by committees ; (k) as to the powers to be exeroised by members of a, firebrigade and others on the occasion of a fire in a municipality; and \ ( I ) for

u)

( I ) for the regulation of proaeedings of persons empowered to accept composition . for offences committed or alleged tc, have been committed against this Act or any rules or by-laws made thereunder. 151. In all matters connected with this Act the General . powers of Local Government shall have and exercise over ComLooal Govmissioners and Deputy Commissioners, and Commisernmeat and Commie- sioners shall have and exeroise over Deputy Commisrloner. sioners, the same authority and control as they relrpectively have and exercise over them in the general and revenue administration.

I

CHAPTER X.

,

/

Authentioation, met. vice and validity of noticen.

152. (I) Every notice issued by a committee under this Act shall be i n wriiing and shall be suffioiently authenticated by the signature of the presi'dent, vice-president or secretary, and may be served by being delivered to the person to whom i t is addressed, or by being left a t his usual place of abode or business with some adult male member or servant 6f his family, or, where it cannot be,so served, may be posted on some conspic,uoue part of his usual place of abode or business. (2) where the u s u d place of abode or busiAe8d of- the person to whom the notice is addressed is hot within the limits of the municipality, the notice may be se~vedby posting it i n a registered. covet addressed to his usual place of abode. (3) Where the usual place of abodetor business of the owner of any roperty is not knowna evelcgr such notice addressed ta im as sudh owner llday be served on the occupiet. (4) Where the usual place of abode or business of

E

\.

the

the occupier of Any property is not known, every such notice addressed t b ,hiin as such docupier may be served by posting it on some conspicuous part of the property. (5) No notice issued by the .committee under this Act shall be invalid for defect of form. 153. (1) Where any notice issued by a committee under this Act requires any act to be done for whioh no time is 6xed9by this Act, the notice shall fix a reasonable time for doing the same. (2) Where it is provided that any buch notioa' should be given to the owner or occupier of any land or building, and the owner and occupier are different persons, such notice shall ,be given to the one of them primarily liable to comply with such notice, and in case of doubt to both of them :

Execution of required

aots

bypy aot~ce. '

.

-.

(a) by delivering a writtdn notioe to some person. -on the property, ofi where there is noperson on the property .to whom the notioe oan be delivered, by fixing it on some ,eonspiouous part of the property; or ( b ) by putting into t h e post a prepaid letter con*.. taining a written notioe, and addressed by the desgription of .the c c owner" or " oocupier " of the property (naming it) in respect of whioh the notice is given, without further name or description.

.

.

'

'

155. Every .

-

~ . .

.. .

3

264

. publiaatiom ofpublio notioee.

.

.

,

Reoovery of aOats of @.ecution.

Munia;ip,a2itz'ee ( Ce~trcr2; Prov$wcee). [ACT XBI

(Chapter X.-Sap$Zerneatal;-Sections 156;156.) 155. Every ublia notice :given by a committee

H

upder this Act s all be published by proclamation orin the prescribed manner.

Ziscellalzeoas.. . 1.56. (I) Where the owner or occupier of property under this Act by t\ie committee t o exe-. cute. any work and makes- default in complying

(2) Where the person in default is the owner, thecommittee may, by way of additional remedy, recover the whole or any part of the cost from the oooupier,

. ,

,.

.

.

.

.,,.. ...

'

, >

1903.1

Muaidpa tities, (Oent~alProvinces)

..

265.

of the moveable property of the person from. whom the money is recoverable, and, where it is payable by the owner ~ f ~ p r o p e r tity ,shall, until it is paid, be a charge on the property. (6) Nothing in any contract between an owner and occupier shall affect any right oonferred on an occupier by this section. 157. (1) The committee may make compensation Compensaout of the municipal fund to any person sustaining any damage by reason of the exercise of any power fund. vested in the committee, its officers or servants, under this Act, and shall, subject to the other provisions of this Act, make such compensation where the person sustaining the damage was not himself in default in the matter in respect of which the power was exercised. (2) Where any dispute arises touching the amount of any compensation which the committee is required by this Act to pay for injury to any building or land, it shall be settled in such manner as the parties may agree, or, in default of agreement, in the manner provided by the Land Acquisition Act, 1894, sections 3, 8 to 34, 45 to 47, and 60 to 62, so far as they can be made applicable. 158. (1) Every police-officer employed within the power8 endl limits of the munioipality shall give immediate in- dutiesof poliae i n formation to the committee of any offence committed of against this Act or the rules or by-laws thereunder, oflepes and shall be bound to assist all members, officers and s"e~vantsof the committee in the exercise of their snce to laGful authority. munioipal authorities. (2) Any such police-officer, and, in the absence of a pilide-offiier, any officer of the committee empowered in this behalf by the general or special order. of the Local Government, may arrest any person committing in his view any offenoe punishable under sections 115,to 120(a) where the name and add'ress of the person are. unknown to him, and (b) where

Zn$ijf

~ t isga, r I

2~:~~::~~

(Chapter X.- SuppZemelataZ.-Sectiom 169-160.) here-the person declines to give -his -name and address or there iu reason to doubt the accuracy of the name and addrqss given, (3) A person arrested under this section .may be detained -until his name and address ary correctly ascertained : Provided that no person so arrested shall be detained longer than is .necessary for bringing him before a Magistrate unless an order of a Mitgistrate for his detention is obtained. 159; ( 1 ) No Court shall take cognizance of an offence punisbable only under this Act or a rule or by-law made thereunder except on the complaint of the Deputy Commissioner or of the committee or of some sub-committee or person authorized either generally or speoially by the Deputy Commissioner or the committee i n this behalf. (2) For the purposes of this section, the committee may, except where other wise expressly provided, authorize any sub-committee or person to prosecute either generally in regard to all offences against this Act and the rules or by-laws thereunder or specially in regard only to specified offences or offences of a specified class. (3) Where the person authorized is president, vioe-president, es-oficio member, secretary, engineer or health officer of the committee, the authority may be given by virtue of office; but in the case of other person8 the authority shall be personal. g o (4) The authority shall in all cases be in mriti'ng and may a t any time by resolution be canoelled by the oommittee. 160. The Local Government may empower any o m m i t t e e or its president, vice-president, seoretary, health officer or engineer, or any -member appointed by office, or any sub-committee, to accept from any pereon, against whom a reasonable suspioion exists that he has committed an offenoe against this Act

'

Initiationof pro8eoutiona.

P6wer to aomponnd offenoea. I

i

1903.1 - Municipalities ( C k t r a l P?ovlnces). 267 (Chapter X,-Xzcpptemetztal ,-l3ectioms 161-162.)

or any rule or by-law made thereund money by-Way of oompoaition for sdbh o (2) On phythent of duch sum of money, the sus- peoted perdon, if irl oustody, shall be discharged, and no further proceedings shall be taken against him in regard to the offence or alleged offence so compounded. (3) Sums paid by way of composition under this section shall be credited to the municipal fund. (4) Power under sub-section (I) to accept composition for alleged offences may be given either generally in regard to all offences under this Aot and the rules and by-laws thereunder, or particularly in regard ohly to specified offenced or offeilceb of a specified class, and may a%any time be withdtawn by the Local Goveinment;. 161. (1) Any person aggrieved by any order made Appeala by a committee under the potOe~1vBkted in it by seo- ; ~ ; ~ ~ 4 ~ B m tisn 76, 86, 87, 88, 90, 96 or 100 may appeal within of oomthiftg days from the date thereof to the' Deputy Corn- mittee. missioner ; and ho slioh order shall bd liable to be called in question otherwise than by a ~ c happeal : Provided that, where the Deputy Comrhissioner is himself a member of the oommittee, the appeal shall lie to the Commissioner or to such other officer as may be empowered by the Local Government in this behalf. (2) The appellate authority may, for sufficient omser extend the period hereby allowed for appeal. (8) The order appealed from shall not be cbnfirmed, set aside or modified until the appellant and the committee have had a reasonable opportunity of being heard. 162. An appeal, shall not lie against any order N~ appeal made under this Act except where express pro?ision to lie against hae been made in the Aot for appeal from such order ; B;nnTe:ide' aad every order made in appeal under this Act ehall expressly be final. provided for in the Aot 163. Where and 811 orders made in appeal to be final.

-

i

1

~nspGnsion proceedinga and prosecutions when appeals from certain orders preferred.

I

Procedure for rnalring rulee or bylawa. Power to . make rulea regulating conservanoy of reservoir and catchment area.

! 1

.

Zzlniei~alitiee(Centrat Ppovinces) [AUT XPI (Chapter X-Suppleme~ta1,- 8ectiorcs 163-167.)

868

E

___163. Where any s-ucl~orderas i s s p _ e c i E in section 76, 86, 87,88, 90, 96 or 100 is subject to appeal, and an appeal from such order has been preferred, all proceedings to enforce such order and all proseoutions for any breach thereof may, by order of the appellate authority, be suspended pending the decision of the appeal, and, where such order is set aside on appeal, disobedienoe thereto shall not be deemed to be an offence. 164. The power to make rules or by-laws under section 102, 105 or 150 is subject to the oondition of the rules or by-laws being made after previous publication. 165. ( 1 ) Where the supply of water in a munioigality is derived from a reservoir situate beyond the lim'its of the municipality, the Local Government may make rules( a ) prohibiting the doing in the reservoir, or in ' its vicinity or in or upon the catchment area thereof, any act by which the quantity or purity of the water or the safety of the reservoir may be impaired ; (b) regulating generally the conservancy of the reservoir and of the catchment area ;and (c) determining the compensation, if any, to be paid by the oommittee to any person affected by a rule made under clause ( a ) or clause (b).

166. Nothing in this Act shall affect the Local. 167. On reoeiving infcirmation that a house within

XI of

the limits of a municipality is used as a brothel, or by disorderly persons of any description, in proximity to any school or college, or to the annoyance of the r~s~eotable

- . .

- .

..._ .

.

;

---

respectable inhabitants of the vicinity, or that any ch house is used as a brothel in the immediate naighbourhood of a cantonment, any Magistrate of the first class, having as such jurisdiction in tbe place where the house is situated, may summon the owner or teqant of the house and, on being satisfied that the house is so used, and that it is a source of annoyanog or offence to the neighbours, or tbat it is in the immediate neighbourhood of a cantonment, may order the owner oratenantto discontinue such use of it; and, if the owner or tenant fails to comply with such order within five days, may impose upon him a fine not exceeding twenty-five rupees for every day thereafter that the house shall be so used : Provided that action under thie seotion shall be taken only(a) with the sanction or by the order of the Deputy Oommissioner ;or (b) on the complaint of three or more inhabitants of the municipality resident in the immediate vioinity of the house to which the oomplaint refers. (2) This seotion shall not take effect in any municipality until it has been specially applied thereto by the Local Government. 168. (1) Where the circumstances of any muni- Power to cipalitg are such that, in the opinion of the Eocztl except munifrom Government, any of the provisions of this Act are cipality provisions uacsuited thereto, the Local Government may, by ~ctunsnited notification in the local offioial Ga~ette, exoept the municipality from the operation of those provisions ; and thereupon those provisions shall not apply to the municipality until again applied thefeto by a like notification, (a) While the exception remains in fGrce, the Loaal Government may make rules for the guidance 01 the committee and public officers in respect of the matters exoepted from the operation of the said provisions,

.

CHAPTER XI.

Mz~zicigaZi8ie8( C e ~ t r o P l r ~ u i ~ c e s )[ACT . XVI ( Chapter Z L - S t n a l ~ Towfis.-Sectdoes 169-170.)

270

Conetitubion of notified areas.

I

Power for Local Government to impose taxa. ti011 and regulate expenditure of proceeds thereof.

169. (I) The Local Government may, by notification in the local official Gaaette, deolare that, with respect to'some or all of the matters upon whLiol1 a municipal fund may he expended under section 60, improved arrangements are required within a specified local area which, nevertheless, it is not expedient to constitute as a municipality. (2) A local area in regard to which a notification has been issued under sub-section (1) is hereinafter called a " notified area". (3) No local area shall be made a notified area if(a) i t contains more than ten thousand inhabitants according to the returns of the most recent official oensus, or ( 6 ) i t includes merely a n agricultural village or villages, and does not contain a town or bazar. 170. ( 1 ) The Local Glovernment may. (a) impose i n any notified area any tax which could be imposed thero by the committee if the notified area were a municipailty ; (6) apply or adapt to the notified area, for the assessment and recovery of any tax imposed under clause (a),any of the provisions of this Act, crr of i n y rules for the time bdfig in forco with respect to the assessment" and reoovery of any tax imposed under this Act ; (c) arrange for the-due expenditure of the proceeds of taxes imposed under alause ( a ) , and for the preparation and maintenance of proper . accounts ; (&) appoint a commi$fee of one or more persons for the purposes of clauses (b) and (c) ; and (8)' extend

1903.1 Murticipalities ( Cent rul P r ~ v i l t c e s ) ~ 27.1 (Chapter XT.-Small Towns.-Sectiorias 171-172. Chapter X11.-Bepeals.-#ectiort 173.)

(e) extend to any notified area the provisions of any seotion of this Aot subject to such restrictions and modifioations (if any) as the Looal Government may think fit. (2) The proceeds of any tax levied in any notified area under this section shall be expended only in some manner in which the municipal fund of such notified area might be expended if the notified area were a municipality. % 171. Where any section of this Act is for the time being extended to a notified area, the oommittee appointed for such notified area under section 170 shall be deemed to be a committee, and the notified area a municipality, within the meaning of the section so extended: 172. Where the Local Government cancels a notification published under section 169, the unexpended proceeds of any taxes levied in the local area to which the notification refers, under section 170, shall be applied for the benefit of the inllabitants of such area in such manner as the Local Government may think !it*

CHAPTER XII. REPEALS. 173. (I) The Central Provinces Municipal Aot, 1889, and- so much of the Repealing and Amending Acb, 1891, as relates thereto,'are hereby repealed. (2) But all municipalities declared, committees established, limits defined, appointments, rules, orders and by-laws made, notifications and notices issued, taxes and rates' imposed, contracts entered into and suits instituted under the said Act, or under any enactment thereby repealed, shall, so far as may be, be deemed to have been respeotively declared, established, defined, made, issued, imposed, entered ink o and instituted under this Act. '

-

INDEX TO THE

ACTS PASSED BY THE GOVERNOR GENERAL OF INDIA I N IN THE YEAR 1903. ACT.

COUNCIL SECTION.

L

ACT X OF 1885seotion 18'1 amended seotion 242 proviso added new section 2428 inserted seotions 244 and 24; added to new seotion 246 A iuserted seotion 250 added to new seotion 2778 inserted

. .. .. .. .. .. .. .. .. . ... ... .. ..

AQTXI11 O F 1875secbions 2 to 5 repealed

0

.

.

... . .

.

ACTI1 OF 1877repealed

. . . . . . . ACTXXI 1873repealed . . . . . . . .

VIII

2 (4 2 (2) 2 (4 2 (4) 2 (5)

>9 11

9, ,l

:$

91

l,

VIII

4

VIII

4

XV

24

OF

ACTV OB 1881substitution of proviso to seotion 59 forsection60 eections 62 and 64 new pardgraphs added seotion 69 new paragraph added

. . ... .. .. . . . . ACTXX 1882substitutions for section8 16 aud I7 . , . ,

..

?

VIII

3 (1) 3 (2) 3 (3) 3 (4)

1 1, 11

OF

. . . .. ..

ACT 11 of 1986~eotion6 (1) (j)amended seco~idsohedule, Parts 111 nnd IV amended

. . . . . . ACT XI11 1887repealed . . * . . . . . section 41 amended

VI

2

XI

2 (I), 2 (3) (4) 2 (2)

1,

11

OF

ACTX

OF 1889section 47 repenled in yart new section 48 substituted new proviso added to explanation I of Part I1 of first sobdule substitution for first eptry incolumn 4 of" Pnrt I of firstschecure

.. . . . .. .. 0. 1 . . . . . . .

. . . . . . .

. . . . . . . .

ACTXVIII oa 1889repealed

[ P ~ i c ethree annas. ] Q

111

42 (1) 2

ll

4

ll

3 173

XVI

.x

'

GENERAL O F lNDIA IN COUKCrfr I N THE YEAR

1903.

iii,

.. . . . . . . . . . . . . .

INDIAN ELXCTBICITY

Acts done in good faith , , . . a AdvisoryBcards Arbitration Association of licensee with, or purchase of, other licensed uudertakings Date of operation Definitions extent Gcvernor General in Contrcil to exercise powers of Local Government under Part 11 in cert3i11Cq6eS notice cvf new-worlts enquiry into accidents opening and b~ealtingup of st~eets,etc. penalties power to make rules conditions as to exercise of power power of telegraph authority when exexciseable purchase of utldeitaking railways, canals or dooks ~estedin local anthoril y, cot to be intetfered with recovery of money payable under Act reinstatement c~fbrolreu~pstreets, etc ,not to be delayed; penalty repeals restrictions on use,oE energy not sup lied uaderpt. I1 . saving as to licenses glnnted unfer Caloutta Electric Liehtiira Act, 1895 and. other licenses grqnted b j ~kalGoverument service of notices, elc. , short tide

. . . .. ..

.. .. . . . .. .. .. .. '. .. .. .. .. ...

...

.

. . . . . .. . . . . . . .. . . .. . . . . . . . .. . . . . . . . . . . .. . . r

:

. . . . . . . . . . . . . . . .. ..

. . .. . . . . . . .. .. ... ... .. ..

.. ... .

.. .

Supply of energy to publiorerial liiree discontinuance of supply maximum eleotrio power fnoters tobelioensea grant and revocation of licenaee saving ar to Railways Act, 1890 licensee may enter promises to asoeltaii~consulnptiot~ or remove appnratue . , power of Local Government to interfere in case of licensee's default to be deemed part of licenae granted under Pt. 11.

.

.

.

. . . . . . . . . . . . on licensee's power to control or interfefe - . .: . . with use of energy. . supply lines, etc., near sewers, pipes or other supply . . . . lines ,, ' exempted from attaohmei~tin certain oaees .

, -

in charges for supply forbidden fl'eleglaphic or telephonio lines under Aot XI11 oi 16 5 may only be affected or altered after aotioe an subjeot to oonclitions for preventing iqju~y

f

.

.

Pk I1

17 24 . 22 30 , 3 (I). 4 4 (E'roviso) ' '

.

INDIAN EXTBADITION,

. . . . . . . .

x.

.,

Abetment authenticated exhibits, depositions, etc., and copies, may be received in evidence meaning of when applied to suah papera Commencement oomrnissio~~s by criminal courts outside British India convicted persona, extradition of, on escape iuto British India custody under warraut of.fugitive criminals from other than foreign states and re-taking of such on es-ape declared lawful Definitions extent extradition offences , Fugitive Offenders Act, 1881, not to be applied and worked in British India. Governmentmaystayp~,oaeedings Issue of order iu political orimes may be refused persons arrested uuder s. 64 (7) of Act V 01 1898 may be detained as if arrested on warrant under seotion 10 person in custody may be discl~argedat any timc , , Police Magistrate on section 3, Extradition Act, 1870, meaningof. power to m:rlte rules repeals Sen Requisition by state outside India in respect of offences on high seas Secretary of State ill section 3, Extradition Act, 1870. meanihg of ; '-ahorttitle surrender of fugitive criminals from foreign procedure .. ,, other than 3J ,, ,* foreign states, procedure ' provisions to apply to offences odmmitted before , passing of Act 9, 8, not, to derogate from treities surrender of qndergoing sentence in Britjsh India O I I requisitionsfrom ot'bel. than foreign state to be condit,ioual on re-surrender smt6nces of such persolls to' be suspunded till re-surrender treaties not t o be affeoted derogi~tivelyby provisions as to surrendgr of fugitive cisiluinsls from other than , foreign states

.

I

I

I

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.. ..

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.. ..

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/. !

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.,

. -. .

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. . .. . . . . . . . INDIAN Fosxroa MARBIAG~application . . .. . .. . .. .. oontents of notice . ext~nt . . . . . . . .. . furnishing of celtificates of notice of marriage persons to whom notice in writing of marriage undor Foreign Marriage Act, 1892, is to be given . . phblication of notice . . , . short titlo , , . . . .. ., .

I. t

.

,

L

a

XIV

,, --

I, 9,

,

9,

>, I,

B3NEEAL O F INDIA IN ~ O U ~ O IIN L THE frTI3AR

INDIAN IN~OME-TAXRaising of taxable limit of inooule

.

Rates of levy of tax

.

.

.

.

.

I. '

,,

1903.

I

'v

2 ( I ) [ [ I oE 1886, s. 51

2 (3) &(4j [II

of 1886,Sch. 11, Pts. 111 &IV.I

Furnishinp. of information respectil~gincomes above Rs. 83-64 per mensem or Rs. 1,000 per annum

-

INDIAN PAPER CURBENOY

.

Areas within which currenoy notes are legal tender

. . . INDIAN . . exemption from port dues in certain cases . frequency of chargeability of dues on all vessels except Areas within which notea are payable ?ORT~-

mail steamers and coasting vessels vessele not to be deemed both coasting or foreign vessels for same voyage and dues to be lavied as either which ever rate ie'higLer

.

.

INDIAN POSTOPPIGIrestriction of applioativn of term

" i n l a ~ ~"d

.

.

.

INDXAN STJ00~88l.0~-

Pfot~ates,etc., granted by High Court and by Distriut Judge under certain circumstencer to have effect throughoutBritishIndia

. . . . .

. . . .

Crmfls t o wl,ich certificates of grants under proviso to

seotjon 242 should be transmitted

.

Petition fdr probate, etc., intended to have eBkct thronghout British I d a to make additional statc.me11t

Where grant made of probate, etc., intended to 11avc effect throughout British Jndial inventory to include all property in British India

. . . . .

. .. .. .. . . . . . . . . . . . . .

... ...

IHDIANTEA C ~ s sACT, 1903Definiticns Duration of ueotions 2 to 1 Duty on exported tea Proceeds of oeslr how applied and account keeping Rules . , , . Tea Cess Committee Vestituye of unexpended balance of oess after operation of aectjons 2 to 7 cen~e

.

.

. ..

. .

. .

VI

,,

2 [XX of

1882, s. 161. 2[XXof 1882, s. 111

2 C.X of 1889, a. 48.1 3 [X of i889, Soh. I first entry .] 4 [X of 1889, Soh. I, Pt. 11, Pro. to Xxp, I.]

I'

2 CVI of

1898, s. 2 (6) Proviso.]

~2(2).[X of 1866, s. 242 (Pro).]

vi

1

I

1

I N D ~ ~TO X THE ACIS PASSBD BY THB G O V E R S ~ R

INDIANTABIFFSection 5 amended Section 8 8 amended temporarily Duties chargenble under section 8 4 or 8B continued till 31st March, 1904

.

. .. .. .. . . . . . . .

1 (2) and 3 [VIII of 1894, a. 8 C.]

DEFENCEACT, 1903Appeals , Collector's award . compensation, apportionment a on withdrawal of imposition of restric9) tions 22 payment of interest ~n excess payment or deposit in Court and fnvest99 ment of money deposited interebt on, when not paid within 16 days. ,, , definitions enforcenlent of Terms of Act extent and short title part of a I~ousemay not be den~olished , . penalties , powels exerciseItble after publication of notice as to rest~ictionsand payment of dtlrnage power to enforce making of statemeute attendance of witnesses and production SJ of docume~lts ,, makerules , notice as to restrictions on use and enjoyment of land in vicinity of works . . . notice to interested pelsons reference to Court and procedure thereon w form of awards and costs , Code of Civil Procedure to apply rest~ictionswhich Local Government may declare shall nttach to land ,, may be withdrawn ,, imposed on part of land servioe suits not to be commenced without notice supplementary proceedings stamp duty and fees exemptions p.

~ N D I A N WOBKB OF

.

.

.

.

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43 12-14 and 16 29 nnd 30

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.

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I

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I

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..

4- 6 10 nnd 11

3 9 18-28 26 and 27 4.2

"

.

.

... ... .. .

LEPEBSdpplication of Lepers Act, 1898, to lepers from Native , States

. .

MADBAS ACTSrepealed

.

.

..

. . . . . . . A~UNICIPALITT (IES) (CBN.I'BAL PUOVINCES). . . appeals against orders of committee - bathing and wasling places . . . . . brothels . . . .. .. ,. .. burial and burning places I

- ,

'

1

1&8ch.III.

Q

.19(Y3. ~ i i

GENERAL OF INDIA.IN COUNCIL IN THE YEAR

-

--

ACT. YUNIOIPALITY (IES) (CBNTRAL PBOVINCEG)-COTZ~~, buildings and grounds.in insal~itaryc~nditiou , bye-laws and powers , committees, constitution . . ,, joint. . e m . . compensation from fund , oonfititution . ,, of committees ,, defecta and irregularitiee , contracts a , , oontrol corpses oosta of execution, recovery dangerous buildings and places , definitions dogs, disposal of drains, unauthorized may be required to be pulled down entry and inspection, powers of , . extent. .. ., fire, extinction and preyentioh , , . food, drink and drugs, sale of , , fund and property , , infection, restraint of : , . inflammable materials , , notices oB8iaei-s and servanta offensive matter and slaughter places, deposit of ,, and dangerous trades '., offences and pen~lties ,, power to compound , police , ,, ;powers and duties of in respeat of oEences , pomer to except unsuited mu~~iuipality , . , ; privileges and liabilities , privies or cesspools, provision and repair of and remoral ofunauthorized. , proseoutions, inikiation . . . ,, and' proceedings to be suspended when 0 s appeals preferrod from certain orderj repells reservoir and catchment area, power to mako rules regulating conservancy • rules and bye-laws, procedure for making ' , saving of Aot XI of 1879,. saving8 of things done under Act XVIII of 1889 short title ,: ,, small towns s t r e e t r a n d b ~ ~ i l d i n g a '. , , tanks, drainage of n~lwholesome ., taxation , .. 'water-pipes, up-keep of . water supply, removal of drains, latrines, and cesspools near s o ~ ~ ofe e , PBOBATE A ~ A D~urdernaa~~onProbate, eta., by High Court and by District Judge in oertain cl'rcumstnnces to have effect throughol~t British Iudia ,

. . . . .. .. XVI . .. ... .. ... ... ... , . . .. . .. . ... . . . . . ,,, . . .. .. .. .. .. .. .. . .. . . . . . . . . :. ... . ... . . . ... .. . . . .. . ... ... .. .. ... . .. .. . . . . . . . .. . . . .. . . . . .. . . . . . . . .. '.. ..

.

.

.

.

8

i i: i

.

,

. .

. . . . . .. . . . . . . .. . . . . . .

'

I(

9,

91

Ch. 11.

9s

8 -14 24 30 -32 146-151 76 156 91-92 2 103 88 78-84 1 (2! 141-144 102 49-53 104 77 162-165 25 -29 70-74 99-101 109-1LO . . 160 54-58 158 168 33-34

3

I

~9

)I

3-

9,I9

19

I$

9)

,I

~'

$9

39

91

a

. .

93.-98 105-108 8-14 23 157

79'

~

.. ....

SEUTION."

.

.

91

$9

99

a, 9,

99 91

a9

$9 19

PP

,)

86-87 169

1)

8,

163

,9

: 173

9,

$9

.. .. . . .. .. . . . . . . . ...

164 I66 173 1(1) - 169-172 59-68 90 , 35-48 85

59 91

9, 9,

. . . . . . . . . . . . . . . . . . . . . . . .

165

'

.

99

.

'

99 39

99 $I

,

89

9 9,

~

. .

.

. . . ,

VIII

. [.V of 1881, s. 60 (proviso.)]

3(2)

.

U

Q---_A-_.-..

.. _

"'.

- I

......................

.. "

viii

.*,.

i,

PROBATE A N D ADYINIETBATION-contd.

. . . . . . . .

Transmission of certificates of, grants under proviso to section 69

Q :

.

f

INDEX TO THE ACTS PASSED BY T H E GOVERNOR*

PROVIDENT FUNDSCompulsory deposits in Government of Railway Pnnds exempted from nttachrnent

. . . . .

VIiI

3(2) [ V of 1881,s. 60.1 2 [IX

of 1897, s. 4

w.1

euch deposits to yest in widow and children free of encumbrances

a

[IX of 1897, a. 4

savirlgs.

2

[ l X of 1897, a. 4 (3).

. . . . . . . . . . . . ,

. . . . . .

RSBULATIONS UNDER 33 & 34 VIOT., C. 3amended ,

.

. . . . . . . . RSPEAGKNB AYENDINBACT,1903. . . . . Bellgal Acts, amended repealed

I

AND

,, $8

,. 3,

,,

.

short titles given

,,

i

Burma Act, amehded

I

India Acts, amended , , , , repealed

,,

,,

. . .

shorb titleegiven

Bombay Acts, repealed

:

. . . . .

.

Regulations amended repealed

P)

j

repealed

. . ..

. . ..

. .

. . .

. . . . . . . ..

. I . .. I.

. I . . . . . . .I 34 Vict.,

short titles given

Madras Aota, repealed Regulations undor 33 &

o. 3 amended

. . . .. .. .. ..

United Provinces'Act repealed uaving~

TEACESS-

I

.

I

L-e 3

-3

. . . . . . . .

a

3

&

Sch.

&

Soh.

11.

4

111. &

3

8ch.

11.

,

4 & Sch 111. 2 & Soh. 11. 3 & Sch. I1 4

&

Sch.

111. 2 & Sch. I v. 4 & soh. 111. 3 & Soh. 11. Bitto. 4 & Sch. I11 2 & Sch. 11. 4 & Soh. 111. 3 & Sch. 11. 4 & Soh. IiI. Ditto. '

6.

I

8 e e Indian Tea Ceas Aot, 1903.

UNITEDPBOVINOBS AOTRepealed

i

m.1

(i

I

1

4

& 111.

Soh.

. ... .. '...

VIOTOEIA I~EMOEIAL-

officersto be pirblic servants power to make rules short title and com~nencement

Qoverumeul of Iudla Central Printing 0Sloe.-No. -'

.

.

918

I,. D,-lij.2-180~.-0,000.-~.

W M.