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act 022 of 1872 : Amendment Act, 1872 [Repealed]

Amendment Act, 1872 [Repealed]

ACTNO. 22 OF 1872
09 January, 1873
Repealed (in Agra, except certain areas) by Act, 18 of 1873

Repealed (in the C.P. and the Sambalpur District) Act 9 of 1893

Passed by the Governor General of India in Council.

(Received the assent of the Governor General on the 13th September 1872).

An Act to explain and amend Act No. X of 1859.

PREAMBLE

Preamble. Whereas it has been the practice for the Local Government or the Collectors of Districts to invest persons not being Deputy Collectors with all or some of the powers of Deputy Collectors for the purposes of Acts No. X of 1859 and No. XIV of 1863:

And whereas it has been the practice for all or some of the Deputy Collectors and of the persons invested as aforesaid to exorcise the powers of Deputy Collectors in charge of sub-divisions of districts or of Assistants to Collector's invested by Government with the powers of Deputy Collectors:

And whereas many suits have been preferred and applications made to and orders made and acts done by, such Deputy Collectors and other persons in the exercise of such powers:

And whereas doubts have been raised as to the legality of such practices and as to the jurisdiction to entertain such suits and applications and to make and do such orders and acts;

For the purpose of precluding such doubts; It is hereby enacted as follows:

Section 1. Persons invested with certain towers to deemed Deputy Collectors in charge of sub-divisions of districts

All Deputy Collectors and all persons heretofore or hereafter so invested with powers shall be deemed to have been or to be (as the case may he) Deputy Collectors in charge of sub-divisions of districts within the meaning of the said Acts No. X of 1859 and No. XIV of 1863, or Assistants to Collectors invested with, the powers of Deputy Collectors in such charge.

Section 2. Certain suits to be deemed to have been duly preferred

All such suits shall he deemed to have been and to be as duly preferred and all such applications, orders and acts shall he deemed to have been and to be as duly made and done, as if the said Deputy Collectors and other persons had been Deputy Collectors in charge of sub-divisions of districts within the meaning of the said Acts No. X of 1859 and No. XIV of 1863.

And no order or act heretofore or hereafter made or done as aforesaid by any such person shall be held invalid merely because the suit in which such order was made or act done has not been preferred in the place prescribed by the said Act No. X of 1859, section one hundred and sixty-two.

Section 3. Power to define areas over which persons exercising powers of Deputy Collectors in charge of sub-divisions shall exercise jurisdiction

The Local Government, or any officers empowered by the Local Government; on this behalf, may, from time to time, by order define and adjust, the local areas over which the persons exercising the powers of Deputy Collectors in charge of sub-divisions of districts shall exercise their jurisdiction.

Such local areas shall be deemed to be sub-divisions of districts within the meaning of the said Act No. X of 1859.

Section 4. Interpretion of Collector

In this Act and Acts Nos. X of 1859 and XIV of 1863, Collector includes also a Deputy Commissioner and every person in the chief revenue charge of any district.

Section 5. Short title

This Act may he called The Act X of 1859 Amendment Act, 1872 :

Local extent. It extends only to the territories respectively under the government of the Lieutenant-Governor of the North-Western Provinces and under the administration of the Chief Commissioner of the Central Provinces;

Commencement. And it shall come into force on the passing thereof.