act 029 of 1871 : Repealing Certain Bengal Regulations Act, 1871 [Repealed]

Repealing Certain Bengal Regulations Act, 1871 [Repealed]

ACTNO. 29 OF 1871
10 July, 1872
Repealed by Act 12 of 1873

Passed by the Governor General of India in Council.

(Received the assent of the Governor General on the 19th of October 1871.)

An Act for repealing certain Regulations of the Bengal Code which have ceased to be in force or have become unnecessary.

PREAMBLE

Preamble. Whereas it, is expedient that the Regulations mentioned in the schedule annexed to this Act which have ceased to be in force otherwise than by express repeal, or have by change of circumstances become unnecessary, or which merely repeal previous Regulations or parts thereof, should be expressly rescinded; It is hereby enacted as follows:

Section 1. Repeal of enactments

The unrepealed portions of the Regulations specified in the schedule hereto annexed are repealed:

Provided that such repeal shall not affect any Regulation or Act in which the repealed enactment has been applied, incorporated or referred to;

And this Act shall not affect the validity or invalidity of anything already done or suffered, or any indemnity already granted, or any right, title or interest already acquired or accrued, or any remedy or proceeding in respect thereof, or the proof of any past act or thing;

Nor shall this Act affect any principle or rule of law, or established jurisdiction, practice or procedure, or existing usage, custom, privilege or exemption, notwithstanding that the same may have been in any manner affirmed, recognized or derived by, in, or from, any enactment hereby repealed;

Nor shall this Act operate to revive any jurisdiction, office, usage, custom, privilege or exemption not now existing or in force.

SCHEDULE

No and year of Regulation.

Title.

Regulation VI of 1793

A Regulation for extending and defining the Powers and Duties of the Court of S. Udder Dewanny Adawlut, and prescribing Rules for receiving and deciding upon Appeals from the Decisions of the Provincial Courts of Appeal.

Refutation XIII of 1793

A Regulation for the Appointment of the Ministerial Officers of the Civil and Criminal Courts of Judicature, and prescribing their respective Duties.

Regulation XX of 1793

A Regulation for empowering the Zillah and City Courts, the Provincial Courts of Appeal, and the Sudder Dewanny Adawlut and the Nizamut Adawlut, to propose Regulations regarding Matters coming within their Cognizance.

Regulation XXII of 1793

A Regulation for re-enacting, with Alterations and Amendments, the Regulations passed by the Governor-General in Council on the 7th December, 1792, for the Establishment of an efficient Police throughout the Country.

Regulation XXVI of 1793

A Regulation for extending the Term of Minority of Manomedan and Hindoo Proprietors of Land paying Revenue to Government to the Expiration of the eighteenth year.

Regulation XXVII of 1793

A Regulation for re-enacting, with Alterations and Modifications, the Rules passed by the Governor-General in Council on the 11th June and 28th July, 1790, and subsequent Dates, for the Resumption, and Abolition of the Sayer, or internal Duties and Taxes, throughout Bengal, Behar, and Orissa, and for adjusting and paying the Deductions and Compensations directed to be granted to the Proprietors and Farmers of Estates paying Revenue to Government, and the Holders of Property exempt from the Payment of Revenue to Government, on account of the Duties and Taxes abolished.

Regulation XLIII of 1793

A Regulation for re-enacting, with Modifications, the Rules passed on the 25th February, 1793, for granting Lands to invalided Native Officers and Private Soldiers.

Regulation XLIV of 1793

Regulation for prohibiting the fixing the jumma of dependent Talooks, or granting Leases or Pottahs for a Term exceeding ten Years; and, in Cases of Lands being disposed of at public sale for the Discharge of arrears of the public Revenue, for rendering null and void all Engagements (with certain Exceptions) subsisting between the defaulting Proprietor and his dependent Talodkdaro, Under farmers, and Ryots for the Payment of Rent or Revenue on account of the Lands so sold.

Regulation X of 1795

A Regulation for empowering the Sudder Dewanny Adawlut to receive and decide upon Appeals from Decisions of the Provincial Court of Appeal established in the Province of Benares; and for defining the Jurisdiction, Powers, and Authorities of the Sudder Dewanny Adawlut in that Province.

Regulation XII of 1795

A Regulation for extending to the Province of Benares Regulation XIII, 1793, entitled. A Regulation for the Appointment of the Ministerial Officers of the Civil and Criminal Courts of Judicature, and prescribing their respective Duties.

Regulation XLIII of 1795

A Regulation for enacting into a Regulation the Rules passed on the 18th February, 1789, and 24th December, 1790, for granting Lands to discharged Native Invalid Officers, and Private Soldiers, in the Province of Benares.

Regulation L of 1795

A Regulation for prohibiting Talookdars, Zemindars, or other Proprietors of Land paying Revenue, in the Province of Benares, from fixing the Jumma of dependent Tenants (whether Zemindars or Putteedars), or granting Leases or Pottahs for a Term exceeding ten years; and in Cases of Lands being disposed of at public Sale for the Discharge of Arrears of the public Revenue, for rendering null and void all Engagements (with certain Exceptions) subsisting between the defaulting Proprietor and his dependent Zemindars, Putteedars, Under-farmers, and Ryots, for the Payment of Rent or Revenue on account of the Lands so sold.

Regulation III of 1796

A Regulation for excluding from the Jurisdiction of the Court of Wards, certain Descriptions of Landed Estates belonging to disqualified Landholders, and for declaring the Rules in Section V. Regulation XLIV. 1793, to extend to the cancelling wholly the Leases of those Under-farmers, a Part only of the Land included in whose Leases may lie sold for Arrears of Revenue.

Regulation IV of 1796

A Regulation to provide for the occasional Absence of the Zillah and City Judges and Magistrates, in the Provinces of Bengal, Behar, Orissa, and Benares, from their respective Stations; and prescribing the Duties to be performed by the Registers of the Courts and the Assistants, on such Occasions, as well as in the Discharge of their official Functions.

Regulation II of 1797

A Regulation for defining more specifically the Responsibility of the Landholders and Farmers of Land in the Province of Benares, under the Charge of the Police vested in them, conformably to their Engagements by Regulation XVII. 1795.

Regulation VI of 1797

A Regulation for abolishing Regulation XXIII. 1793, entitled, A Regulation for raising an Annual Fund for defraying the Expense of the Police Establishments entertained under Regulation XXII. 1793; and for establishing new Fees on the Institution and Trial of Suits, in lieu of those prescribed by Regulation XXXVIII. 1795; and for levying a Stamp Duty on certain Law and other Papers and Documents, and a Percentage on the Fees of the authorized Pleaders in the Courts of Civil Judicature, in the Provinces of Bengal, Behar, Orissa, and Benares.

Regulation IX of 1799

A Regulation for further providing against Resistance to the Processes of the Civil Courts in the Cities of Dacca, Moorshedabad, and Patna, as well as against Resistance to the Processes of the Civil Courts in general.

Regulation II of 1801

A Regulation for the more speedy and effectual Administration of Justice in the Courts of Sudder Dewanny and Nizamut Adawlut.

Regulation VIII of 1803

A Regulation for extending the Jurisdiction of the Nizamut Adawlut to the Provinces ceded by the Nawaub Vizier to the Honourable the English East-India Company.

Regulation XII of 1803

A Regulation for the Appointment of the Ministerial Officers of the Civil and Criminal Courts of Judicature in the Provinces ceded by the Nawaub Vizier to the Honourable the English East-India Company.

Regulation XXVI of 1803

A Regulation prescribing Rules for the Sale and Division of Lands paying Revenue to Government, in the Provinces ceded by the Nawaub Vizier to the Honourable the English East-India Company.

Regulation XXXV of 1803

A Regulation for the establishment of an efficient System of Police in the Provinces ceded by the Nawaub Vizier to the Honourable the English East-India Company.

Regulation XLVII of 1803

A Regulation for prohibiting the fixing the Jumma of dependent Talooks, or granting Leases or Pottahs for a term extending beyond the Term of the Lease of the Lands held by the Grantor of the Pottah; or, in Cases in which the Grantor shall hold his Lands on a fixed Jumma in Perpetuity, for prohibiting the granting of Leases or Pottahs for a Term exceeding Ten Years; and, in Cases of Lands being disposed of at public Sale for the Discharge of Arrears of public Revenue, for rendering null and void all Engagements (with certain Exceptions) subsisting between the defaulting Proprietor and his dependent Talookdars, Farmers, and Ryots, for the Payment of Rent or Revenue on account of the Lands so sold, in the Provinces ceded by the Nawaub Vizier to the Honourable the English East-India Company.

Regulation I of 1804

A Regulation for the better Management of the Invalid Jagheerdar Establishments, and of the Invalid Pension Establishments.

Regulation XVII of 1805

A Regulation for modifying the Rules contained in Regulation VIII. 1793, respecting the Management of joint undivided Estates.

Regulation X of 1806

A Regulation for extending to the Judicial Department such Parts of Regulation VIII. 1806, as are applicable to Charges or Information against the European Public Officers employed in that Department, and for making further Provision in such Cases.

Regulation XXI of 1806

A Regulation for making certain Alterations in the Office of Tehseeldar in the Province of Benares, and in the Coded and Conquered Provinces, oil the Death, Resignation, or Removal of any Persons by whom those Offices are at present held.

Regulation XIV of 1807

A Regulation for amending the System of Police established in the Province of Benares and in the Coded and Conquered Provinces within the Divisions of Bareilly and Benares; also for extending to those Provinces the Provisions contained in Regulation XII. 1807, for the Appointment of Ameena of Police.

Regulation V of 1808

A Regulation to explain and declare the intent and Meaning of certain Clauses in the existing Regulations, respecting the Settlement of the Land Revenue in the Coded Provinces.

Regulation VII of 1808

A Regulation for completing the Registers of Lands held free of Assessment in the. Coded and Conquered Provinces in the Doab, and on the left Bank of the River Jumna, and in the Territory ceded by His Highness the Peishwah to the British Government in Bundleeund.

Regulation XI of 1808

A Regulation for the Adjustment of the Rent payable by the Heirs of invalid Jaggeerdars.

Regulation III of 1809

A Regulation for the Support of the Police a in the Cantonments and Military Bazars; for defining the Powers of the Civil and Military Officers in the Performance of that Duty; and for fixing the Local Limits of the said Cantonments and Bazars.

Regulation XIII of 1811

A Regulation for the more convenient and efficient Discharge of the Duties of the Board of Revenue.

Regulation IX of 1812

A Regulation for modifying some of the Rules before enacted regarding the Settlement of the Coded Provinces.

Regulation X of 1812

A Regulation for modifying some of the Rules before enacted regarding the Settlement of the Conquered Provinces lying on the right and left Banks of the River Jumna, of the Territory ceded by his Highness the Peishwa in Bundlecund, and of the District of Cuttack.

Regulation XIV of 1812

A Regulation for modifying in certain Cases, the Rule contained in Section II, Regulation V. 1812, regarding the Grant of Leases by the Proprietors of Lands in the Coded and Conquered Provinces to their Tenants.

Regulation II of 1813

A Regulation for preventing Native Officers from making Use of Public Money-intrusted to their Care.

Regulation XXI of 1814

A Regulation for preventing the Zillah and City Judges and Collectors of the public Revenue from employing their Native Creditors on their respective Establishments.

Regulation I of 1815

A Regulation for securing the Right of the British Government to assess Land held under Mocurreree or Istumrar Grants of any preceding Government, on the Decease of the Holders thereof.

Regulation XIII of 1817

A Regulation for establishing the Office of Canoongoe in the District of Midnapore, and in the Mehauls subject to the Authority of the Collector of Hidgellee, and for extending to the said District and Mehauls the operation of Regulation XII, 1817.

Regulation XVI of 1817

A Regulation for imposing a duty on Foreign Opium imported by Sea into any Port or Place within the Limits of the Territories immediately dependent on the Presidency of Fort William.

Regulation XVIII of 1817

A Regulation to modify the Rules in Force which prescribe an Oath of Office to be taken by certain Native Officers; and to explain and amend other Provisions relative to the Native Ministerial Officers and Law Officers of the Civil and Criminal Courts.

Regulation XXIV of 1817

A Regulation for modifying the Constitution of the Commission established in the Provinces of Behar and Benares, and in the Districts of Ramghur, Bhaugulpore, and Purneah; for extending the Authority of the said Commission to the Districts of Dinagepore and Rungpore; and for better defining the Powers to be exercised in certain cases by a single Member of the Board of Revenue, or Coin mission vested with the Authority of that Board.

Regulation I of 1818

A Regulation for establishing the Office of Canoongoe in the Districts of the Twenty-four Pergunnahs, Nuddea, Jessore, Dacca, Jelalpore, and Backergunge, and for extending to the said Districts the Operation of Regulation XII. 1817.

Regulation III of 1820

A Regulation for rescinding some of the Provisions of Regulation XI. 1806, and for preventing the Practice of Pressing Coolies or Begarees,

Regulation II of 1822

A Regulation for modifying certain Provisions in the existing Regulations relative to the Officers employed in the Collection of the Government Customs and Town Duties.

Regulation XI of 1824

A Regulation for empowering the Zillak and City Judges and Magistrates to depute their Registers or Assistants, for the purpose of making local Investigations in certain Cases.

Regulation VIII of 1820

Regulation to make further Provision for the Employment of Native Officers in the Judicial Department, and to provide for the Punishment, of false and malicious charges against the European Officers of Government.

Regulation IX of 1826

A Regulation for transferring the Superintendence of the Custom-House at Patna from the Board of Revenue in the Central Provinces to the Board of Customs at the Presidency; and for vesting the latter Board with the Control of the other Customs in the Central and Western Provinces, and in the Province of Cuttack concurrently with the Central and Western Boards of Revenue and the Commissioner of Cuttack respectively.

Regulation I of 1827

A Regulation for rescinding Regulation I. 1796, and providing a Special Form of Trial for the Mountaineers of Bhaugulpore, also for investing the Magistrate of Bhaugulpore with Summary Powers for the Adjustment of certain Civil Claims.

Regulation IX of 1828

A Regulation for amending the Rules in Force in Regard to Special or Second Appeals, instituted in forma Pauperis.

Regulation III of 1829

A Regulation for abolishing certain Official Designations amongst the Judges of the Courts of Sudder Dewanny and Nizamut Adawlut and of the Provincial Courts; for amending the Rules at present in Force, which require the Judges of the Courts of Sudder Dewanny and Nizamut Adawlut, or other Public Officers, to take the proscribed Oaths of Office before the Governor General in Council; for providing for the Decision of Civil Suits and Appeals in the Provincial Courts, in certain Cases; for amending Regulation VIII. 1825, and for discontinuing the Offices of Hindoo and Mahomedan Law Officer in the Provincial Courts.

Regulation II of 1830

A Regulation for rescinding and re-enacting, with Modifications, the Provisions contained in Regulation VII. 1818, for regulating the Trade of Foreign Nations with the Ports and Settlements of the British Nation in the East Indies.