This Act may be called the Central Provinces Laws Act, 1875.

Local extent. It extends to the territories now under the administration of the State Government of the Central Provinces;

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

2. Repeal of enactments and rules. On and from the date on which this Act comes into force the following shall be repealed, that is to say

(a) all Bengal Regulations except the Regulations or parts of Regulations hereinafter declared to be in force;

(b) all 2[Central Acts] (except the Acts mentioned in the Schedule hereto annexed) which do not expressly or by necessary implication extend to the said territories or any part thereof, and have not been extended thereto in exercise of a power conferred by a 3[Central Act];

(c) all rules, regulations and enactments not being Statutes, Bengal Regulations, [Central Acts], or rules or regulations made in exercise of a power conferred by a Statute, Bengal Regulation or [Central Act].

4[[* * *]]

On and from the said date the enactments specified in the schedule hereto annexed shall be deemed to be in force throughout the said territories to the extent mentioned in the third column of the said Schedule.

But the powers and duties incident to the operation of the same enactments, so far as such powers and duties are referred to in the fourth column of the said Schedule, shall be exercised and performed by the authorities mentioned in that column.

Nothing in this section shall be deemed to affect the operation of any enactment not mentioned in the said Schedule.

Every 5[Central Act] which extends, or can by notification be extended, to the territories which were under the administration of the said State Government at the time of the passing thereof, shall extend, or may by notification be extended, as the case may be, to all the territories now under the administration of the said State Government.

65. Rule of decision in cases of certain classes. In questions regarding inheritance, special property of females, betrothal, marriage, dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, gifts, partitions or any religious usage or institution, the rule of decision shall be the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law in cases where the parties are Hindus, except in so far as such law has been by legislative enactment altered or abolished, or is opposed to the provisions of this Act:

Provided that when among any class or body of persons or among the members of any family any custom prevails which is inconsistent with the law applicable between such persons under this section, and which, if not inconsistent with such law, would have been given effect to as legally binding, such custom shall, notwithstanding anything herein contained, be given effect to.

6. Rules in cases not expressly provided for. In cases not provided for by Section 5, or by any other law for the time being in force, the Courts shall act according to justice, equity and good conscience.

7. Articles exempt from attachment. Implements of husbandry and cattle for agricultural purposes and implements of trade are exempted from attachment and sale in execution of decrees of the Civil Courts.

8. Power to make subsidiary rules. The said State Government may from time to time make rules consistent with this Act as to the following matters:

(a) the maintenance of watch and ward and the establishment of proper system of conservancy and sanitation at fairs and other large public assemblies;

(b) the imposition of taxes for the purposes mentioned in clause (a) of this section on persons holding or joining any of the assemblies therein referred to;

(c) the custody of judicial records, civil and criminal; 7[[* * *]].

8[[* * *]]

9. Penalty for breach of rules. The State Government may, in making any rule under this Act, attach to the breach of it, in addition to any other consequences that would ensue from such breach, a punishment, on conviction before a Magistrate, not exceeding one month's imprisonment, or two hundred rupees fine, or both.

10. Publication of rules. Force of rules. 9[(1)] All rules made under this Act shall 10[[* * *]] be published in the 11[Official Gazette] and shall thereupon have the force of law.

12[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]

13[11. Local repeal, in part, of Code of Civil Procedure. Sections 184, 185 and 189 of the Code of Civil Procedure14 are hereby repealed.]

[12. Sections substituted in same Code. For Sections 182, 190 and 191 of the same Code15 the following shall be substituted (namely):

Note of evidence to be taken. 182. A note of the essential points of the evidence of each witness shall be made at the time, and in the course of oral examination, by the Judge, in his own language, or in English if he is sufficiently acquainted with that language, and such notes shall be filed with, and form part of the record of the case.

Judge unable to make note to record reason of his inability. 190. If the Judge be prevented from making a note as above required, he shall record the reason of his inability to do so, and shall cause such note to be made in writing from his dictation in open Court, and shall sign the same, and such note shall form part of the record.

Power to use note made by Judge dying or removed before conclusion of suit. 191. When the Judge making a note of the evidence, or causing one to be made as above required, dies or is removed from the Court before the conclusion of the suit, his successor may, if he thinks fit, deal with such note as if he himself had made it or caused it to be made.

THE SCHEDULE

(See Section 3)

A. Bengal Regulations16

B. acts of the governor general in council

1. Repealed by Act 4 of 2018, S. 3 and Sch. II, dated 8-1-2018.

2. Substituted by the A.O. 1950 for Acts of the Central Legislature .

3. Substituted, by the A.O. 1950, for Act of the Central Legislature .

4. The proviso as to the law relating to land-revenue and Courts of Wards was repealed by Act 12 of 1891.

5. Substituted by the A.O. 1950 for Act of the Central Legislature .

6. The provisions of this Section have been repealed in so far as they are inconsistent with the provisions of the Muslim Personal Law (Shariat) Application Act, 1937 (26 of 1937); see Section 6 of that Act.

7. The words and the destruction from time to time of such of the said records as it may be deemed unnecessary to keep repealed by Act 3 of 1879.

8. Clause (d) relating to the appointment, duties, punishment, suspension and dismissal of all ministerial officers was repealed by the A.O. 1937.

9. Section 10 renumbered as sub-section (1) by Act 4 of 2005, Section 2 and Schedule.

10. The words when sanctioned by the G.G. in C. repealed by Act 38 of 1920, Section 2 and Schedule I.

11. Substituted by the A.O. 1937 for C.P. Gazette .

12. Inserted by Act 4 of 2005, Section 2 and Schedule.

13. Inserted by Act 2 of 1879, Section 2.

14. See now the Code of Civil Procedure, 1908 (5 of 1908), Schedule I, Order XVIII, Rules 8, 9 and 13.

15. See the Code of Civil Procedure, 1908 (5 of 1908), Schedule I, Order XVIII, Rules 5, 14 and 15.

16. So much of Act 20 of 1875 as relates to the following Bengal Regulations was repealed by the Act noted against each : Bengal Regulation 1 of 1798 Transfer of Property Act, 1882 (4 of 1882). Bengal Regulation 10 of 1804 Special Laws Repeal Act, 1922 (4 of 1922). Bengal Regulation 17 of 1806 Transfer of Property Act, 1882 (4 of 1882). Bengal Regulation 20 of 1810 Cantonments Act, 1889 (13 of 1889). Bengal Regulation 5 of 1817 Indian Treasure-trove Act, 1878 (6 of 1878). Bengal Regulation 20 of 1825 Code of Criminal Procedure, 1882 (10 of 1882). Bengal Regulation 6 of 1819 was repealed in the C.P. by Act 17 of 1878, and later generally, by Act 12 of 1891.

17. So much of Act 20 of 1875 as relates to the following Bengal Regulations was repealed by the Act noted against each : Bengal Regulation 1 of 1798 Transfer of Property Act, 1882 (4 of 1882). Bengal Regulation 10 of 1804 Special Laws Repeal Act, 1922 (4 of 1922). Bengal Regulation 17 of 1806 Transfer of Property Act, 1882 (4 of 1882). Bengal Regulation 20 of 1810 Cantonments Act, 1889 (13 of 1889). Bengal Regulation 5 of 1817 Indian Treasure-trove Act, 1878 (6 of 1878). Bengal Regulation 20 of 1825 Code of Criminal Procedure, 1882 (10 of 1882). Bengal Regulation 6 of 1819 was repealed in the C.P. by Act 17 of 1878, and later generally, by Act 12 of 1891.

18. Substituted by C.P. Act 9 of 1923, Section 2, for the original entries.

19. Substituted by C.P. Act 9 of 1923, Section 2, for the original entries.

20. See however the C.P. Courts Act, 1917 (C.P. 1 of 1917), Section 31.

21. So much of Act 20 of 1875 as relates to the following Bengal Regulations was repealed by the Act noted against each : Bengal Regulation 1 of 1798 Transfer of Property Act, 1882 (4 of 1882). Bengal Regulation 10 of 1804 Special Laws Repeal Act, 1922 (4 of 1922). Bengal Regulation 17 of 1806 Transfer of Property Act, 1882 (4 of 1882). Bengal Regulation 20 of 1810 Cantonments Act, 1889 (13 of 1889). Bengal Regulation 5 of 1817 Indian Treasure-trove Act, 1878 (6 of 1878). Bengal Regulation 20 of 1825 Code of Criminal Procedure, 1882 (10 of 1882). Bengal Regulation 6 of 1819 was repealed in the C.P. by Act 17 of 1878, and later generally, by Act 12 of 1891.

22. The entry relating to Regulation 11 of 1806 was repealed by M.P. Act 15 of 1950, Section 2.

23. The entry relating to Regulation 11 of 1806 was repealed by M.P. Act 15 of 1950, Section 2.

24. See footnote 1 on prepage.

25. See however the C.P. Courts Act, 1917 (C.P. 1 of 1917), Section 31.

26. See footnote 1 on prepage.

27. See footnote 1 on prepage.

28. The entry relating to Regulation 6 of 1825 was repealed by M.P. Act 15 of 1950, Section 2.

29. See footnote 1 on prepage.

30. Substituted by the A.O. 1937 for Chief Commissioner .

31. The entry relating to Act 18 of 1853 (Sale of Spirits in Cantonments) was repealed by Act 12 of 1891.

32. The entry relating to the Minors Act, 1858 (40 of 1858), was repealed by Act 8 of 1890.