act 019 of 1862 : Abkari (Madras Town) Act, 1862 [Repealed]

Abkari (Madras Town) Act, 1862 [Repealed]

ACTNO. 19 OF 1862
05 January, 1862
Repealed by Mad. Act 1 of 1886
Passed by the Governor-General of India in Council.

(Received the assent of the Governor-General on the 1st May 1862.)

PREAMBLE

An Act to extend to the Province of Oude certain provisions of Acts XIV of 1843 and XXXVI of 1855 relating to the manufacture of contraband Salt, and to amend the last-named Act.

Whereas it is expedient to extend to the Province of Gude certain provisions of Act XIV of 1843 (for regulating the levy of Customs Duties and the manufacture of Salt in the North-Western Provinces of the Presidency of Bengal) and of Act XXXVI of 1855 (to empower Officers of Customs and Land Revenue to search houses and other enclosed places for contraband Salt in the Worth-Western Provinces), and to amend the last-named Act; It is enacted as follows:

Section 1. Certain provisions of Act XIV of 1843 and Act XXXVI of 1855 extended to Oude

So much of the said Act XIV of 1848 as relates to the manufacture of alimentary Salt, and the prevention and punishment of the illicit manufacture and importation of such Salt, and the said Act XXXVI of 1855 as hereinafter amended, shall be held to have been and are hereby extended to the Province of Oude from the date on which Act XXXI of 1861 (to regulate the manufacture of Saltpetre and the sale of Salt educed in the refinement thereof) was extended to the said Province in the manner provided in Section XVIII of the said Act.

Section 2. Forcibly entry zenanahs

Section IV of Act XXXVI of 1855 is hereby repealed, and the following Section is enacted in lieu thereof, and shall be read and construed in the same manner as if it formed part of the said Act, namely

If the place to be searched is a zenanah or apartment in the actual occupancy of a woman who, according to the custom of the country, does not appear in public, the Officer making the search shall give notice to such woman in such zenanah or apartment that she is at liberty to withdraw, and after giving such notice and allowing a reasonable time for the woman, to withdraw, and affording her every reasonable facility for withdrawing, such Officer may enter such zenanah or apartment for the purpose of completing the search, using at the same time every precaution consistent with these provisions for preventing the clandestine removal of any Salt. Provided that the responsibility for the act, and the determination whether to force an entry or not, shall rest with the Officer of Customs or Land Revenue only.