Bengal Chaukidari (Amendment) Act, 18711
| [Repealed by Act 1 of 1938, S. 2 and Sch.] | [1st August, 1871] |
Passed by the 2[President] of India in Council.
An Act to authorise the extension of the Chaukídárí Act to places where there is no Jamadár of Police.
Preamble.- Whereas by Act No. XX of 1856 (to make better provision for the appointment and maintenance of Police Chowkeydars in Cities, Towns, Stations, Suburbs and Bazaars in the Presidency of Fort William in Bengal), section two, the Local Government is restrained from extending that Act to any City, Town, Suburb or Bazár, unless there he therein (or in some other City, Town, Suburb or Bazar with which the same may be united as thereinafter provided) a Police Station under an officer of a grade not below that of a Jamadár; and whereas it is expedient to remove such restriction and in other respects to amend the said Act; It is hereby enacted as follows:-
1 Received the assent of the Governor General on the 1st August 1871.
2 A.L.O., 1950 [C.O. 4], dt. 26-1-1950 (w.e.f. 26-1-1950).
1. Amendment of section two, Act No. XX of 1856.- Instead of the second section of the said Act, the following shall he read:-
To what places the Act shall apply.- "II. The provisions of this Act shall have effect in all Cities, Stations, Towns, Suburbs and Bazárs in the said Presidency to which the Local Government may, at any time, extend the same by notification in the Official Gazette; Provided always that this Act shall not be extended to any agricultural village.
In all places in which this Act is now in force, it shall he deemed to have been extended under the provisions of this section."
2. Amendment of section eleven.- Instead of section eleven of the said Act, the following shall he read;-
Limitation of tax.- "XI. If the tax be an assessment according to the circumstances and the property to be protected of the persons liable to the same, the amount assessed in respect of any one house shall not he more than the pay of a chaukídár of the lowest grade. If the tax be a rate on houses and grounds, it shall not exceed five per centum of the annual value thereof."
3. Amendment of section thirty-eight.- Instead of section thirty-eight of the said Act, the following shall he read:-
Collection of assessment.- "XXXVIII. On such dates as may he fixed by the Pancháyats for payment of instalments of the tax, the Tax-Darogah shall proceed in person, or through some one of his office establishment, to collect the amount due for the current month from each person subject to the tax, and for all sums so collected, the Darogah shall grant a receipt: Provided that, with the sanction of the Commissioners of Circuit previously obtained, the collection may he made quarterly instead of monthly; and in such case, the amount due for each quarter shall be collected in the last month of that quarter."
4. Amendment of section forty-one.- In the forty-first section of the said Act, instead of the words "On the 20th of each calendar month," there shall be read the words "On the tenth day after the date fixed for the payment of instalments of the tax."
5. Amendment of Appendices A and C.- 1[Repealed].
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Prior to Repealed by Act 12 of 1891, Section 5 read as:
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5. Amendment of Appendices A and C.- In Appendix A, at the end of the first paragraph, the words "and the aggregate amount assessed shall not exceed the average rate of two annas per mensem for each house, shop or building in the district," shall he omitted.
In Appendix C the words "the first payment on the, 10th day of the month next succeeding the date of this Notification, and every subsequent payment on or before the 10th day of each succeeding month," shall he omitted.
1 Repealed by Act 12 of 1891, S. 2(1)
6. Construction Saving of Bengal from the operation of this Act.- This Act shall be read with, and taken as part of, the said Act XX of 1856, 1[Repealed].
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Prior to Amendment by Act 12 of 1891, Section 6 read as:
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6. Construction Saving of Bengal from the operation of this Act.- This Act shall be read with, and taken as part of, the said Act XX of 1856, but shall not take effect within the territories subject to the Lieutenant-Governor of Bengal.
1 Repealed by Act 12 of 1891, S. 2(1)