Rural Police (North-Western Provinces) Act, 18691
| [Act No. 3 of 1869] | [19th February, 1869] |
| [Repealed by Act 16 of 1873, S. 2] | [19th February, 1869] |
Passed by the Governor General of India in Council.
An Act for the maintenance of the Rural Police in the North-Western Provinces.
Preamble.- Whereas it is expedient to make further provision for the maintenance of the Rural Police in the North-Western Provinces of the presidency of Port William and to define the law relating to the appointment and duties of village watchmen in those provinces; It is hereby enacted as follows:-
1 Received the assent of the Governor General on the 19th February 1869.
I.-Preliminary.
1. Short title.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 1 read as:
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1. Short title.- This Act may be called "The Rural Police (North-Western Provinces) Act."
1 Repealed by Act 16 of 1873, S. 2.
2. Repeal of Acts.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 2 read as:
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2. Repeal of Acts.- Act No. II of 1865 (to provide for the maintenance of the Rural Police in the territories under the government of the Lieutenant Governor of the North-Western Provinces and elsewhere) and Act No. II of 1866 (to amend Act No. II of 1865), are hereby repealed.
1 Repealed by Act 16 of 1873, S. 2.
3. Extent of Act.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 3 read as:
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3. Extent of Act.- This Act extends to every District in which Act No. II of 1865 was in force immediately before the passing hereof.
1 Repealed by Act 16 of 1873, S. 2.
II.-Taxes.
4. Taxes leviable under this Act.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 4 read as:
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II.-Taxes.
4. Taxes leviable under this Act.- Three kinds of taxes shall be leviable under this Act (that is to say), 1° a House Tax; 2°, an Estate Tax; and 3°, a Tax on Muáfídárs, Sub-proprietors and Nazránádárs.
1 Repealed by Act 16 of 1873, S. 2.
1°. -The Souse Tax.
5. Power to assess house-tax.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 5 read as:
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1°. -The Souse Tax.
5. Power to assess house-tax.- The proprietor of every Muáfí, Nazráná or other estate situate in any District to which this Act applies shall have power to assess and collect in each year from the occupant of every house on such estate, a sum not exceeding one rupee.
The Collector of the District shall have power to determine what shall, for the purposes of this section, he held to he a house.
1 Repealed by Act 16 of 1873, S. 2.
6. Time of paying house-tax.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 6 read as:
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6. Time of paying house-tax.- All sums assessed under section five shall be payable in advance for the revenue year next alter the assessment, at the time when the first instalment of rents is ordinarily payable in that year for lands comprised in or adjacent to such estate.
1 Repealed by Act 16 of 1873, S. 2.
7. Recovery of house-tax.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 7 read as:
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7. Recovery of house-tax.- All sums so assessed shall be recoverable as if they were rent of land:
Provided that no person shall be liable to be ejected from any house in his occupation for non-payment of any such sum.
1 Repealed by Act 16 of 1873, S. 2.
8. Petition against assessment.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 8 read as:
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8. Petition against assessment.- Any person assessed under section five, and unable to pay the amount of the assessment, may present a petition on unstamped paper to the Collector of the District, and such Collector may, if he thinks fit, remit wholly or in part the said assessment.
Complaints of illegal collection.- All complaints of illegal collection under section five shall be cognizable by the Collectors of Land Revenue; and the provisions contained in Act No. X of 1859 (to amend the Law relating to the recovery of rent in the presidency of Bengal), section twenty-three, as to institution, trial and appeal, shall apply to complaints under this section.
1 Repealed by Act 16 of 1873, S. 2.
2.°-The Estate Tax.
9. Power to Collector to assess estate of proprietor failing to make sufficient assessment.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 9 read as:
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2.°-The Estate Tax.
9. Power to Collector to assess estate of proprietor failing to make sufficient assessment.- If, in any year, any such proprietor fails altogether to assess the sum mentioned in section five, or assesses under section five a sum which, in the opinion of the Collector of the District wherein the proprietor's estate is situate, is inadequate, it shall be lawful for such Collector to assess upon such estate a sum payable yearly by the proprietor thereof for the time being, and not exceeding in any year the amount which might have been assessed in the same year under the same section on the occupants of the houses in such estate, less ten per centum.
1 Repealed by Act 16 of 1873, S. 2.
10. Power to assess estates.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 10 read as:
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10. Power to assess estates.- It shall be lawful for the Collector, or for any officer making a settlement of land-revenue, to assess upon any Muáfí, Nazráná, or other estate situate in any District to which this Act applies, a sum to be paid yearly by the proprietor thereof for the time being not exceeding the aggregate amount of the sums payable in respect of such estate or by the occupants of the houses thereon under sections five and nine, less ten per centum.
Such assessment shall be in addition to the municipal cess or percentage (if any) levied for the maintenance of rural police on the land-revenue payable in respect of such estate.
1 Repealed by Act 16 of 1873, S. 2.
11. Alteration of assessment.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 11 read as:
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11. Alteration of assessment.- The sum assessable under section ten may from time to time, with the sanction of the Local Government, he altered by the Collector or officer aforesaid.
1 Repealed by Act 16 of 1873, S. 2.
3°.-The Tax on Muáfídárs, Sub-proprietors, and Nazránádárs.
12. Power to levy cess on Muáfídárs, Sub-proprietors and Nazránádárs.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 12 read as:
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3°.-The Tax on Muáfídárs, Sub-proprietors, and Nazránádárs.
12. Power to levy cess on Muáfídárs, Sub-proprietors and Nazránádárs.- Besides the assessments made under section ten, it shall be lawful for the Collector or for any such officer as aforesaid, to levy ins the case of any Muáfí or Nazráná estate upon the Muafídárs, or (where a sub-settlement has been made) on the Sub-proprietors, or on the Nazránádárs, a municipal cess on the estimated jama at the same rate as the estate would have been charged with, had it not been held under a Muáfí or Nazráná title.
1 Repealed by Act 16 of 1873, S. 2.
13. Mode and time of paying assessments.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 13 read as:
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13. Mode and time of paying assessments.- The Local Government may from time to time prescribe, by notification in the official Gazette, by what instalments and at what times the assessments payable under sections ten and twelve shall be paid, and all sums assessed under either of those sections shall be recoverable as if they were arrears of revenue.
1 Repealed by Act 16 of 1873, S. 2.
III.-Application of Taxes.
14. Application of taxes levied under this Act.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 14 read as:
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III.-Application of Taxes.
14. Application of taxes levied under this Act.- Subject to the orders of the Local Government, all taxes levied under this Act in any District shall, in the first instance, be applied to the maintenance of the village police in such District, and for the purpose of this section, ‘maintenance’ shall be deemed to include their wages, the price of all necessaries and accouterments supplied to them, rewards and other incidental expenses.
The surplus (if any) may be applied by the Local Government, at its discretion, to the sanitary improvement of the District, or to any other useful purpose therein.
1 Repealed by Act 16 of 1873, S. 2.
IV.-Accounts of Taxes.
15. Accounts to be kept.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 15 read as:
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IV.-Accounts of Taxes.
15. Accounts to be kept.- Accounts of the taxes levied under this Act and of the application thereof shall be kept by such persons and in such form, and shall be furnished at such times and to such officers as the Local Government shall, by rules to he published in the official Gazette, from time to time, prescribe.
1 Repealed by Act 16 of 1873, S. 2.
16. Accounts to be open to public.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 16 read as:
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16. Accounts to be open to public.- Such accounts shall be open to public inspection at all reasonable times without the payment of any fee.
1 Repealed by Act 16 of 1873, S. 2.
17. Failure to keep or furnish accounts.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 17 read as:
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17. Failure to keep or furnish accounts.- Any proprietor failing to comply with any rule made under section fifteen, shall be liable, on conviction before a Magistrate, to a fine not exceeding one hundred rupees, and every such fine shall when recovered he applied for the purposes of this Act in the District where it is imposed.
1 Repealed by Act 16 of 1873, S. 2.
V.-Village Watchmen.
18. Nomination of village watchmen.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 18 read as:
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V.-Village Watchmen.
18. Nomination of village watchmen.- Every person authorized to nominate a person to the office of village watchman shall, within fifteen days after the occurrence of a vacancy in the office, nominate a proper person to the vacant post, and communicate the nomination to the Magistrate of the District.
Appointment or rejection of nominee.- The person so nominated shall, after due enquiry into his age, character and ability, he appointed or rejected by such Magistrate at his discretion, or by some officer authorized by him in that behalf.
1 Repealed by Act 16 of 1873, S. 2.
19. Failure to appoint.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 19 read as:
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19. Failure to appoint.- In default of such nomination within the said fifteen days, the Magistrate of the District shall appoint such person as lie thinks fit to the vacancy.
If the nomination has been made within the said fifteen days, but the nominee is rejected, the person authorized to nominate a person to the office of village watchman, shall, within fifteen days from the date of such rejection, nominate another person to the vacant post; and in default of such nomination, or if such nomination has been made but the nominee is rejected, the Magistrate of the District shall appoint such person as he thinks fit to the vacancy.
1 Repealed by Act 16 of 1873, S. 2.
20. Duties of village watchmen.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 20 read as:
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20. Duties of village watchmen.- Any village watchman appointed under this Act shall be liable to perform within the limits of his village, and in addition to his other duties, all or any of the duties imposed on Police Officers by Act No. V of 1861 (for the regulation of Police); and for any neglect or disobedience in his official capacity, he shall be liable to the penalties which he would have incurred had he been a Police officer subject to the provisions of that Act and guilty of neglect or disobedience as the case might be.
1 Repealed by Act 16 of 1873, S. 2.
VI.-Miscellaneous.
21. Power to rules.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 21 read as:
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VI.-Miscellaneous.
21. Power to rules.- The Local Government may, from time to time, make rules, consistent with this Act, for the guidance of officers in all matters connected with its enforcement.
All such rules shall be published in the local official Gazette.
1 Repealed by Act 16 of 1873, S. 2.
22. Power to extend Act.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 22 read as:
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22. Power to extend Act.- The Lieutenant Governor of the North-Western Provinces and the Lieutenant Governor of the Panjáb may respectively, by notification in the local Gazette, extend this Act to any part of the territories for the time being under then respective governments; and the Governor General of India in Council may, by notification in the Gazette of India, extend this Act to any province for the time being under the immediate administration of the Government of India:
Provided that this Act shall have no operation in any village to which Act No. XX of 1856 (to make better provision for the appointment and maintenance of Police Chankídárs in cities, towns, stations, suburbs and bázárs in the Presidency of Port William in Bengal), or Act No. VI of 1868 (to make better provision for the appointment of Municipal Committees in the North-Western Provinces, and for other purposes), or any other special municipal law shall have been extended, so long as such Act or law continues in force in such village.
1 Repealed by Act 16 of 1873, S. 2.
23. Repeal of inconsistent rules.- 1[* * *]
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Prior to repealed by Act 16 of 1873, Section 23 read as:
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23. Repeal of inconsistent rules.- From the date of any such extension of this Act, so much of any rule having the force of law in operation in the territories to which the extension is made as is inconsistent with any provision of this Act, shall cease to have effect therein.
1 Repealed by Act 16 of 1873, S. 2.