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act 005 of 1897 : Amending Act, 1897

Amending Act, 1897

ACTNO. 5 OF 1897
02 January, 1899

An Act 1* * * to amend and facilitate the citation of certain 2* * * enactments.

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4* * * Whereas it is 5* * * 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 to facilitate the citation of the enactments specified in the third schedule to this Act;

It is hereby enacted as follows:

Section 1. Title

(1) This Act may be called the 6* * * Amending Act, 1897; 7* * *

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Section 2. Enactments repealed and amended.

2. Enactments repealed and amended. [Repealed partly by the Repealing and Amending Act, 1903 (1 of 1903), s. 4 and Sch. III and partly by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.]

Section 3. Savings

3. Savings. [Repealed by the Repealing and Amending Act, 1903 (1 of 1903), s. 4 and Sch. III.]

Section 4. Citation of certain enactments

Each of the enactments described in the first three columns of the third schedule may, without prejudice to any other mode of citation, be cited for all purposes by the short title mentioned in that behalf in the fourth column thereof.

[Repeals.] Repealed by the Repealing and Amending Act, 1903 (1 of 1903), s. 4 and Sch. III.

Amendments. [Repealed by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.]

1

Year

2

No

3

Subject

4

Short title

Part I. Local Acts of the Governor General in Council in force in Assam.

1850

XXV

For the forfeiture to Government of deposits made on incomplete sales of land under Regulation VIII, 1819.

The Forfeited Deposits Act, 1850.

8*

*

***

**

1853

VI

Relating to summary suits for arrears of rent, to sales of patni taluqs and other saleable tenures, and to sales of land in satisfaction of summary decrees for rent.

The Rent Recovery Act, 1853.

1853

XIX

To amend the law of evidence in the Civil Courts of the East India Company in the Bengal Presidency.

The Recusant Witnesses Act, 1853.

1856

XII

To amend the law respecting the employment of Amins by the Civil Courts in the Presidency of Fort William.

The Civil Courts Amins Act, 1856.

1867

III

To provide for the punishment of public gambling and the keeping of common gaming-houses in the North-Western Provinces of the Presidency of Fort William, and in the Punjab, Oudh, the Central Provinces and British Burma.

The Public Gambling Act, 1867.

9*

*

***

**

1874

VIII

To provide for the exercise of the powers hitherto exercised by the Lieutenant-Governor and Board of Revenue of Bengal in the territories forming the Chief Commissionership of Assam.

The Assam Chief Commissionership Act, 1874.

10*

*

***

**

1886

III

To amend the Northern India Ferries Act, 1878.

The Northern India Ferries Act Amendment Act, 1886.

1892

IV

To amend the Bengal Court, of Wards Act, 1879 [Act IX (B. C.) of 1879].

The Court of Wards Act (Bengal) Amendment Act, 1892.

Part II. Regulation made under the Government of India Act, 1870(33 Vict., c. 3).

1884

III

To empower the extension of the Assam Frontier Tracts Regulation, 1880, to certain tracts in Assam and to declare that Act X of 1872 (the Code of Criminal Procedure) shall be deemed never to have come into force in the Garo Hills District, the Naga Hills District and the Khasi and Jaintia Hills District.

The Assam Frontier Tracts Regulation, 1884.

Part III. Regulations of Bengal Code in force in Assam.

1793

I

For enacting into a Regulation certain Articles of a Proclamation bearing date the 22nd March, 1793.

The Bengal Permanent Settlement Regulation, 1793.

1793

II

For abolishing the Courts of Mal Adalat or Revenue Courts, and transferring the trial of the suits which were cognizable in those Courts, to the Courts of Dewani Adalat; and prescribing Rules for the conduct of the Board of Revenue and the Collectors.

The Bengal Land-Revenue Regulation, 1793.

1793

VIII

For re-enacting, with modifications and amendments, the rules for the Decennial Settlement of the public revenue payable from the lands of the zamindars, independent taluqdars and other actual proprietors of land, in Bengal, Behar and Orissa, passed for those provinces respectively on the 18th September, 1789; the 25th November, 1789; and the 10th February, 1790, and subsequent dates.

The Bengal Decennial Settlement Regulation, 1793.

1793

XI

For removing certain restrictions to the operation of the Hindu and Muhammadan laws with regard to the inheritance of landed property subject to the payment of revenue to Government.

The Bengal Inheritance Regulation, 1793.

1793

XXXVIII

For re-enacting, with modifications, such part of the rule passed on the 27th June, 1787, as prohibits Covenanted Civil Servants of the Company employed in the administration of justice or the collection of the public revenue lending money to zamindars, independent taluqdars or other actual proprietors of land, or dependent taluqdars or farmers of land holding farms immediately of Government, or the under-farmers or raiats of the several descriptions of proprietors and farmers of land above mentioned, or their respective sureties.

The Indian Civil Service (Bengal) Loans Prohibition Regulation, 1793.

1799

V

To limit the interference of the Zila Court of Dewani Adalat in the execution of wills and administration to the estates of persons dying intestate.

The Bengal Wills and Intestacy Regulation, 1799.

1800

X

For preventing the division of landed estates in the Jangal Mahals of the Zila of Midnapore and other Districts.

The Bengal Inheritance Regulation, 1800.

11*

*

***

**

1806

XI

For facilitating the progress of detachments of troops through the Company's territories for affording any requisite assistance to persons travelling through those territories.

The Bengal Troops Transport and Travellers Assistance Regulation, 1806.

1812

XI

To empower the Governor General in Council to order the removal of emigrants from foreign countries, and their descendants, from any place in the vicinity of the frontier of the State from which they may have emigrated; and, in certain cases, to place and detain any such persons in safe custody; and likewise to provide for the trial of emigrants and their descendants who may excite disturbances in the countries from which they may have emigrated, and of persons - aiding them in the prosecution of such attempts.

The Bengal Foreign Immigrants Regulation, 1812.

1818

III

For the confinement of State Prisoners.

The Bengal State Prisoners Regulation, 1818.

1819

VIII

To declare the validity of certain tenures, and to define the relative rights of zamindars and patni taluqdars; also to establish a process, for the sale of such taluqs in satisfaction of the zamindar's demand of rent.

The Bengal Patni Taluqs Regulation, 1819.

1820

I

For providing that all sales of certain taluqs made answerable by sale for arrears by the zamindar's rent shall be conducted in the mode provided by Regulation VIII, 1819, for the sales therein described.

The Bengal Patni Taluqs Regulation, 1820.

1823

VII

For prohibiting loans by Covenanted Civil Servants from persons subject to their official authority and influence

The Indian Civil Service (Bengal) Loans Prohibition Regulation, 1823.

1825

VI

For rendering more effectual the rules in force relative to supplies and preparations for troops proceeding through the British territories.

The Bengal Troops Transport Regulation, 1825.

1825

XI

For declaring the rules to be observed in determining claims to lands gained by alluvion, or by dereliction of a river or the sea.

The Bengal Alluvion and Diluvion Regulation, 1825.

1827

III

For modifying and amending the rules in force relative to the law officers and ministerial native officers of the Courts of Judicature, who may be guilty of corruption or extortion.

The Bengal Corruption and Extortion Regulation, 1827.

1827

V

For modifying the rules at present in force for the management of estates under attachments by orders of the Courts of Justice in certain cases.

The Bengal Attached Estates Management Regulation, 1827.

1829

XVII

For declaring the practice of Sati or of burning or burying alive the widows of Hindus illegal and punishable by the Criminal Courts.

The Bengal Sati Regulation, 1829.

1. The words to repeal certain obsolete enactments and omitted by Act 1 of 1903, s. 4 and Sch. III.

2. The word other omitted by Act 1 of 1903, s. 4 and Sch. Ill.

3. The first recital of the preamble repealed by Act 1 of 1903, s. 4 and Sch. Ill.

4. The word And omitted by Act 1 of 1903, s. 4 and Sch. Ill.

5. The word also omitted by Act 1 of 1903, s. 4 and Sch. Ill.

6. The words Repealing and omitted by Act 1 of 1903, s. 4 and Sch. Ill.

7. The word and at the end of sub-section (1), and sub-section (2), omitted by Act 10 of 1914, s. 3 and Sch. II.

8. The entries relating to Act 33 of 1850 repealed by Act 12 of 1927, s. 2 and Sch.

9. The entries relating to Act 19 of 1871 repealed by Act 12 of 1927, s. 2 and Sch.

10. The entries relating to Act 12 of 1874 repealed by Act 35 of 1950, s. 3 and Sch. II.

11. The entries relating to the Bengal State Offences Regulation, 1804 (10 of 1804) repealed by Act 4. of 1922, s. 3 and Sch.