BENGAL BONDED WAREHOUSE ASSOCIATION, 1854

An Act to amend Act No. V of 1838, relating to the Bengal Bonded
Warehouse Association.

Preamble.–WHEREAS the Bengal Bonded Warehouse Association are desirous that the provisions of Act No. V of 1838 should be amended, and it appears reasonable that such amendment should be made, it is enacted as follows:–

1. 

1. [Repeal of sections 12, 14, 32 and 37, Act V of 1838.] Rep. by the Repealing Act, 1870 (14 of 1870), s. 1 and Sch., Pt. II.

2.Management of business.

2. Management of business.–The business of the said Association shall be managed by six Directors, three of whom shall form a quorum.

3.Annual election of Directors.

3. Annual election of Directors.–The two Directors who are to go out of office by rotation in every year shall go out of office in the month of May, before the holding of the Ordinary General Meeting of
Proprietors directed to be holden in that month, and at such Ordinary
General Meeting two Directors shall be chosen, and the Directors so going out of office, or either of them, shall be capable of being re-
elected in the same year at such General Meeting.

4.Qualification of Directors.

4. Qualification of Directors.–No person shall be capable of being a Director of the said Association who shall not be a proprietor in his own right of five shares of the capital stock of the said
Association.

5.Ordinary General Meetings.

5. Ordinary General Meetings.–Ordinary General Meetings of the said proprietors shall be held at least twice in every year, that is to say, on the second Wednesday in the month of May, and the second
Wednesday in the month of November, and at every such Ordinary Meeting the Directors of the said Association shall present a report in writing of the state of the affairs of the said Association and a balance sheet; and such General Meeting may declare a dividend out of the profits of the said Association, provided that no dividend shall be made which shall diminish the capital of the said Association.

6.Bye-laws.

6. Bye-laws.–It shall be lawful for the said Association to make
Bye-laws for the regulation of its own proceedings, which Bye-laws shall be binding only on its own Members and Officers, provided that no such Bye-law shall be valid till it shall have been approved of by one Extraordinary General Meeting of proprietors especially convened for that purpose, provided also that no such Bye-law shall be valid till it shall have been confirmed by the *1[Central Government].

7.Dissolution of Corporation.

7. Dissolution of Corporation.–At any time after the 14th day of
March, 1860, it shall be lawful for the Central Government by an order in Council to direct that the said Association shall be dissolved at the expiration of five years from the date of such order and such order shall of itself have the effect of dissolving the said
Corporation at the expiration of the said space of five years, except for the purposes mentioned in section 39, Act No. V of 1838.———————————————————————-

DEHRADUN ACT NO. 21 OF 1871

An Act to give validity to the operation of the general
Regulations and Acts within the Dehra dun.

Preamble.

WHEREAS it is necessary to give validity to the operation of the general Regulations and Acts within the district under the
Superintendent of the Dehra Dun 1***; It is hereby enacted as follows:–

1.Extension of Regulations and Acts in force in Saharanpur to Dehra Dun.

1. Extension of Regulations and Acts in force in Saharanpur to
Dehra Dun. The Regulations and Acts now in force in the district
Saharanpur are hereby declared to extend to the said district of Dehra
Dun 2***.

2.Jurisdiction of High Court and Board of Revenue over Dehra Dun.

2. Jurisdiction of High Court and Board of Revenue over Dehra
Dun. The High Court and the Board of Revenue of 3*[Uttar Pradesh]
shall exercise 4*** respectively, in the said district, all the powers which the said High Court or Board of Revenue are at present, respectively, authorized to exercise in any part of 3*[Agra].

3.District Court of Saharanpur to be District Court of Dehra Dun.

3. District Court of Saharanpur to be District Court of Dehra
Dun. The District Court of Saharanpur shall be 5*** the District Court of such district until the State Government otherwise directs 6***.

4.Exemption of Jaunsar Bawar.

4. Exemption of Jaunsar Bawar. Nothing in this Act shall apply to that portion of the Dehra Dun district called 7*Jaunsar Bawar 8***.
———————————————————————
1. The words “and to indemnify all officers and other persons who have acted in the said district under the said Regulations and Acts”
rep. by Act 16 of 1874.2. The words “and no judgment heretofore given, order passed or proceeding had in the said district, shall be deemed to have been or to be invalid merely because any Regulation or Act, under or in reference to which such judgment, order or proceeding was given, passed or had, was not in force at the time of such judgment, order or proceeding, or on the ground of a defect of jurisdiction in any Court or office “rep. by Act 12 of 1891.3. Subs. by the O. 1950, for “the North-Western Provinces”.
4. The words and shall be deemed to have been heretofore authorized to exercise” rep., ibid.
5. The words “deemed to have been heretofore the District Court of the said district of Dehra Dun and” rep., ibid.
6. The words “and may subject to the provisions of Act 6 of 1971, hear appeals from decisions given in the said district before the passing of this Act” rep. by Act 12 of 1891.7. “jaunsari Bawar” was one of the Scheduled Districts of the State of Uttar Pradesh, see the Scheduled Districts Act, 1874 (14 of 1874), First Schedule, Pt. IV, but has ceased to be so under the Constitution of India.
8. The words “and referred to in s. 11 of Act 24 of 1864” rep. by
Act 12 of 1891

DEKKHAN AGRICULTURISTS RELIEF ACT, 1879

An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan.

1.Short title, Commencement.

1. Short title, Commencement. This Act may be cited as the 1*
Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.

2*[This section and] sections 11, 56, 60 and 62 extend to 3*[the whole of India except 4*[the territories which, immediately before the
1st November, 1956, were comprised in Part B States]]. The rest of this Act 5* extends only to the districts of Poona, Satara, Sholapur and Ahmednagar 6*[but may, from time to time, be extended wholly or in part by the State Government 7*** to any other district or districts in the 8*[territories which, immediately before the 1st November,
1956, were comprised in the State of Bombay,]] 9*[or to any part or parts of any other such district or districts].

* * * * * *
———————————————————————
1 Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1882-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1882 (22 of
1882). The Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of
1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1895-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1895 (6 of
1895). The Acts of 1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1876 to 1902-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1902 (Bom. 1.of 1902).
2 Ins. by Act 23 of 1881, s. 3 (retrospectively).
3 Subs. by the A. O. 1950, for “all the Provinces of India”.
4 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.
5 The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtors Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended, Hence the part applicable to that
State only has not been reproduced.

6 Ins. by Act 23 of 1886, s. 3.7 The words “with the previous sanction of the G. G. in C.” rep. by
Act 38 of 1920, s. 2 and Sch. I.
8 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of Bombay”.
9 Ins. by Act 6 of 1895, s. 4.16.11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside. Every suit of the description mentioned in section 3, clause (w) 1* may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the 2* Code of Civil Procedure.

* * * * *

56.Instruments executed by agriculturist not to be deemed valid unlessexecuted before a Village registrar.

56. Instruments executed by agriculturist not to be deemed valid unless executed before a Village registrar. No instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a
Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
3*[or apply to any instrument which is executed by an agriculturist merely as a surety,] 4*[or to any instrument required by section 17 of the 5* Indian Registration Act, 1877 (3 of 1877.), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registrationunder
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877. Every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the 5* Indian Registration Act, 1877 (3 of 1877.); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any
———————————————————————
1 Reproduced below:–

“(w) suits for the recovery of money alleged to be due to the plaintiff–
on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or on an account stated between the plaintiff and defendant, or on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

2 See now Act 5 of 1908.3 Ins. by Act 23 of 1881, s. 12.4 Ins. by Act 23 of 1886, s. 9.5 See now the Indian Registration Act, 1908 (16 of 1908).

17.officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of theGovernment is a party.

62. Exemption of instruments to which the Government or any officer of the Government is a party. Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 1*.

* * * * *
———————————————————————
1 The words “or any Society registered under the Co-operative
Credit Societies Act, 1904” ins. by Bom. Act 1 of 1910 were rep. by
Bom. Act 1 of 1912.1.Short title

1. Short title. Commencement.–This Act may be cited as the
1Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.- 2[This section and] sections 11, 56, 60 and 62.extend to 3[the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B
States)]. The rest of this Act extends only to the districts of
Poona, Satara, Sholapur and Ahmednagar 6[but may,from time to time be extended wholly or inpart by the State Government 7 * * * to any other district or districts in the 8[territories which, immediately before the 1st November, 1956, were comprised in the State of
Bombay,]] [or to any part or parts of any other such district or districts.]

* * * * * *

11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside.-Every suit of the description mentioned in section 3, clause (w)10 may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the “Code of Civil procedure.

* * * * * *

56.56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.

56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.-No instrument which purport to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease,and which is executed after this Act comes into force by an agriculturist residing in any local

———————————————————————
1.Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists, Relief Acts, 1879 to 1882-see s. 1 (1)
of the Dekkhan Agriculturists Relief Act, 1882 (22 of 1882). The
Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of 1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1879 to 1895-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1895 (6 of 1895). The Acts of
1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1876 to 1902-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1902 (Bom. 1 of 1902).

2.Ins. by Act 23 of 1881, s. 3 (retrospectively).

3.Subs. by the A. O. 1950, for “all the Provinces of India”.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.

5. The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtor* Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended. Hence the Part applicable to that State only has not been reproduced.

6.Ins. by. Act 23 of 1886, s. 3.7.The words “with the previous sanction of the G.G. in C.” rep. by Act
38 of 1920, s. 2 and Sch. 1.8.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of
Bombay”.

9.Ins. by Act 6 of 1895, s. 4.10.Reproduced below:-

“(w) suits for the recovery of money alleged to be due to the plaintiff-

on account of money lent or advanced to, or paid for, the defendant, or as the price of goods, sold

or

on an account stated between the plaintiff and defendant,or

on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

11.See now Act 5 of 1908.———————————————————————–

352.area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
[or apply to any instrument which is executed by an agriculturist merely as a surety,] 2[or to any instrument required by section 17 of the 3 Indian Registration Act, 1877 (3 of 1877), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registration under
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877.-Every instrument executed and registered in accordance with the foregoing- provisions shall be deemed to have been duly registered under the provisions of the Indian Registration Act , 1877 (3 of 1877 ); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of the
Government is a party.

62.Exemption of instruments to which the Government or any officer of the Government is a party.-Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 4.* * * * *

———————————————————————-
1.Ins. by Act 23 of 1881, s. 12.2.Ins. by Act 23 a 1886, s. 9.3.See now the Indian Registration Act, 1908 (16 of 1908).

4. The words “or any Society registered under the Co-operative Credit
Societies Act, 1904” ins. by Bom. A 1910 were rep. by Bom. Act 1 of
1912.———————————————————————-
 

Year : 1962

Act :

DEKKHAN AGRICULTURISTS RELIEF ACT, 1879.ACT NO. 17 OF 1879.[29th October, 1879.]Prea

An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan.

1.Short title, Commencement.

1. Short title, Commencement. This Act may be cited as the 1*
Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.

2*[This section and] sections 11, 56, 60 and 62 extend to 3*[the whole of India except 4*[the territories which, immediately before the
1st November, 1956, were comprised in Part B States]]. The rest of this Act 5* extends only to the districts of Poona, Satara, Sholapur and Ahmednagar 6*[but may, from time to time, be extended wholly or in part by the State Government 7*** to any other district or districts in the 8*[territories which, immediately before the 1st November,
1956, were comprised in the State of Bombay,]] 9*[or to any part or parts of any other such district or districts].

* * * * * *
———————————————————————
1 Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1882-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1882 (22 of
1882). The Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of
1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1895-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1895 (6 of
1895). The Acts of 1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1876 to 1902-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1902 (Bom. 1.of 1902).
2 Ins. by Act 23 of 1881, s. 3 (retrospectively).
3 Subs. by the A. O. 1950, for “all the Provinces of India”.
4 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.
5 The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtors Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended, Hence the part applicable to that
State only has not been reproduced.

6 Ins. by Act 23 of 1886, s. 3.7 The words “with the previous sanction of the G. G. in C.” rep. by
Act 38 of 1920, s. 2 and Sch. I.
8 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of Bombay”.
9 Ins. by Act 6 of 1895, s. 4.16.11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside. Every suit of the description mentioned in section 3, clause (w) 1* may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the 2* Code of Civil Procedure.

* * * * *

56.Instruments executed by agriculturist not to be deemed valid unlessexecuted before a Village registrar.

56. Instruments executed by agriculturist not to be deemed valid unless executed before a Village registrar. No instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a
Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
3*[or apply to any instrument which is executed by an agriculturist merely as a surety,] 4*[or to any instrument required by section 17 of the 5* Indian Registration Act, 1877 (3 of 1877.), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registrationunder
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877. Every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the 5* Indian Registration Act, 1877 (3 of 1877.); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any
———————————————————————
1 Reproduced below:–

“(w) suits for the recovery of money alleged to be due to the plaintiff–
on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or on an account stated between the plaintiff and defendant, or on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

2 See now Act 5 of 1908.3 Ins. by Act 23 of 1881, s. 12.4 Ins. by Act 23 of 1886, s. 9.5 See now the Indian Registration Act, 1908 (16 of 1908).

17.officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of theGovernment is a party.

62. Exemption of instruments to which the Government or any officer of the Government is a party. Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 1*.

* * * * *
———————————————————————
1 The words “or any Society registered under the Co-operative
Credit Societies Act, 1904” ins. by Bom. Act 1 of 1910 were rep. by
Bom. Act 1 of 1912.1.Short title

1. Short title. Commencement.–This Act may be cited as the
1Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.- 2[This section and] sections 11, 56, 60 and 62.extend to 3[the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B
States)]. The rest of this Act extends only to the districts of
Poona, Satara, Sholapur and Ahmednagar 6[but may,from time to time be extended wholly or inpart by the State Government 7 * * * to any other district or districts in the 8[territories which, immediately before the 1st November, 1956, were comprised in the State of
Bombay,]] [or to any part or parts of any other such district or districts.]

* * * * * *

11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside.-Every suit of the description mentioned in section 3, clause (w)10 may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the “Code of Civil procedure.

* * * * * *

56.56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.

56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.-No instrument which purport to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease,and which is executed after this Act comes into force by an agriculturist residing in any local

———————————————————————
1.Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists, Relief Acts, 1879 to 1882-see s. 1 (1)
of the Dekkhan Agriculturists Relief Act, 1882 (22 of 1882). The
Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of 1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1879 to 1895-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1895 (6 of 1895). The Acts of
1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1876 to 1902-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1902 (Bom. 1 of 1902).

2.Ins. by Act 23 of 1881, s. 3 (retrospectively).

3.Subs. by the A. O. 1950, for “all the Provinces of India”.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.

5. The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtor* Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended. Hence the Part applicable to that State only has not been reproduced.

6.Ins. by. Act 23 of 1886, s. 3.7.The words “with the previous sanction of the G.G. in C.” rep. by Act
38 of 1920, s. 2 and Sch. 1.8.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of
Bombay”.

9.Ins. by Act 6 of 1895, s. 4.10.Reproduced below:-

“(w) suits for the recovery of money alleged to be due to the plaintiff-

on account of money lent or advanced to, or paid for, the defendant, or as the price of goods, sold

or

on an account stated between the plaintiff and defendant,or

on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

11.See now Act 5 of 1908.———————————————————————–

352.area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
[or apply to any instrument which is executed by an agriculturist merely as a surety,] 2[or to any instrument required by section 17 of the 3 Indian Registration Act, 1877 (3 of 1877), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registration under
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877.-Every instrument executed and registered in accordance with the foregoing- provisions shall be deemed to have been duly registered under the provisions of the Indian Registration Act , 1877 (3 of 1877 ); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of the
Government is a party.

62.Exemption of instruments to which the Government or any officer of the Government is a party.-Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 4.* * * * *

———————————————————————-
1.Ins. by Act 23 of 1881, s. 12.2.Ins. by Act 23 a 1886, s. 9.3.See now the Indian Registration Act, 1908 (16 of 1908).

4. The words “or any Society registered under the Co-operative Credit
Societies Act, 1904” ins. by Bom. A 1910 were rep. by Bom. Act 1 of
1912.———————————————————————-
 

Year : 1962

Act :

DEKKHAN AGRICULTURISTS RELIEF ACT, 1879.ACT NO. 17 OF 1879.[29th October, 1879.]Prea

An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan.

1.Short title, Commencement.

1. Short title, Commencement. This Act may be cited as the 1*
Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.

2*[This section and] sections 11, 56, 60 and 62 extend to 3*[the whole of India except 4*[the territories which, immediately before the
1st November, 1956, were comprised in Part B States]]. The rest of this Act 5* extends only to the districts of Poona, Satara, Sholapur and Ahmednagar 6*[but may, from time to time, be extended wholly or in part by the State Government 7*** to any other district or districts in the 8*[territories which, immediately before the 1st November,
1956, were comprised in the State of Bombay,]] 9*[or to any part or parts of any other such district or districts].

* * * * * *
———————————————————————
1 Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1882-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1882 (22 of
1882). The Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of
1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1895-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1895 (6 of
1895). The Acts of 1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1876 to 1902-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1902 (Bom. 1.of 1902).
2 Ins. by Act 23 of 1881, s. 3 (retrospectively).
3 Subs. by the A. O. 1950, for “all the Provinces of India”.
4 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.
5 The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtors Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended, Hence the part applicable to that
State only has not been reproduced.

6 Ins. by Act 23 of 1886, s. 3.7 The words “with the previous sanction of the G. G. in C.” rep. by
Act 38 of 1920, s. 2 and Sch. I.
8 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of Bombay”.
9 Ins. by Act 6 of 1895, s. 4.16.11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside. Every suit of the description mentioned in section 3, clause (w) 1* may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the 2* Code of Civil Procedure.

* * * * *

56.Instruments executed by agriculturist not to be deemed valid unlessexecuted before a Village registrar.

56. Instruments executed by agriculturist not to be deemed valid unless executed before a Village registrar. No instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a
Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
3*[or apply to any instrument which is executed by an agriculturist merely as a surety,] 4*[or to any instrument required by section 17 of the 5* Indian Registration Act, 1877 (3 of 1877.), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registrationunder
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877. Every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the 5* Indian Registration Act, 1877 (3 of 1877.); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any
———————————————————————
1 Reproduced below:–

“(w) suits for the recovery of money alleged to be due to the plaintiff–
on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or on an account stated between the plaintiff and defendant, or on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

2 See now Act 5 of 1908.3 Ins. by Act 23 of 1881, s. 12.4 Ins. by Act 23 of 1886, s. 9.5 See now the Indian Registration Act, 1908 (16 of 1908).

17.officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of theGovernment is a party.

62. Exemption of instruments to which the Government or any officer of the Government is a party. Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 1*.

* * * * *
———————————————————————
1 The words “or any Society registered under the Co-operative
Credit Societies Act, 1904” ins. by Bom. Act 1 of 1910 were rep. by
Bom. Act 1 of 1912.1.Short title

1. Short title. Commencement.–This Act may be cited as the
1Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.- 2[This section and] sections 11, 56, 60 and 62.extend to 3[the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B
States)]. The rest of this Act extends only to the districts of
Poona, Satara, Sholapur and Ahmednagar 6[but may,from time to time be extended wholly or inpart by the State Government 7 * * * to any other district or districts in the 8[territories which, immediately before the 1st November, 1956, were comprised in the State of
Bombay,]] [or to any part or parts of any other such district or districts.]

* * * * * *

11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside.-Every suit of the description mentioned in section 3, clause (w)10 may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the “Code of Civil procedure.

* * * * * *

56.56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.

56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.-No instrument which purport to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease,and which is executed after this Act comes into force by an agriculturist residing in any local

———————————————————————
1.Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists, Relief Acts, 1879 to 1882-see s. 1 (1)
of the Dekkhan Agriculturists Relief Act, 1882 (22 of 1882). The
Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of 1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1879 to 1895-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1895 (6 of 1895). The Acts of
1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1876 to 1902-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1902 (Bom. 1 of 1902).

2.Ins. by Act 23 of 1881, s. 3 (retrospectively).

3.Subs. by the A. O. 1950, for “all the Provinces of India”.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.

5. The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtor* Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended. Hence the Part applicable to that State only has not been reproduced.

6.Ins. by. Act 23 of 1886, s. 3.7.The words “with the previous sanction of the G.G. in C.” rep. by Act
38 of 1920, s. 2 and Sch. 1.8.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of
Bombay”.

9.Ins. by Act 6 of 1895, s. 4.10.Reproduced below:-

“(w) suits for the recovery of money alleged to be due to the plaintiff-

on account of money lent or advanced to, or paid for, the defendant, or as the price of goods, sold

or

on an account stated between the plaintiff and defendant,or

on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

11.See now Act 5 of 1908.———————————————————————–

352.area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
[or apply to any instrument which is executed by an agriculturist merely as a surety,] 2[or to any instrument required by section 17 of the 3 Indian Registration Act, 1877 (3 of 1877), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registration under
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877.-Every instrument executed and registered in accordance with the foregoing- provisions shall be deemed to have been duly registered under the provisions of the Indian Registration Act , 1877 (3 of 1877 ); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of the
Government is a party.

62.Exemption of instruments to which the Government or any officer of the Government is a party.-Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 4.* * * * *

———————————————————————-
1.Ins. by Act 23 of 1881, s. 12.2.Ins. by Act 23 a 1886, s. 9.3.See now the Indian Registration Act, 1908 (16 of 1908).

4. The words “or any Society registered under the Co-operative Credit
Societies Act, 1904” ins. by Bom. A 1910 were rep. by Bom. Act 1 of
1912.———————————————————————-
 

Year : 1962

Act :

DEKKHAN AGRICULTURISTS RELIEF ACT, 1879.ACT NO. 17 OF 1879.[29th October, 1879.]Prea

An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan.

1.Short title, Commencement.

1. Short title, Commencement. This Act may be cited as the 1*
Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.

2*[This section and] sections 11, 56, 60 and 62 extend to 3*[the whole of India except 4*[the territories which, immediately before the
1st November, 1956, were comprised in Part B States]]. The rest of this Act 5* extends only to the districts of Poona, Satara, Sholapur and Ahmednagar 6*[but may, from time to time, be extended wholly or in part by the State Government 7*** to any other district or districts in the 8*[territories which, immediately before the 1st November,
1956, were comprised in the State of Bombay,]] 9*[or to any part or parts of any other such district or districts].

* * * * * *
———————————————————————
1 Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1882-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1882 (22 of
1882). The Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of
1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1895-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1895 (6 of
1895). The Acts of 1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1876 to 1902-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1902 (Bom. 1.of 1902).
2 Ins. by Act 23 of 1881, s. 3 (retrospectively).
3 Subs. by the A. O. 1950, for “all the Provinces of India”.
4 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.
5 The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtors Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended, Hence the part applicable to that
State only has not been reproduced.

6 Ins. by Act 23 of 1886, s. 3.7 The words “with the previous sanction of the G. G. in C.” rep. by
Act 38 of 1920, s. 2 and Sch. I.
8 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of Bombay”.
9 Ins. by Act 6 of 1895, s. 4.16.11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside. Every suit of the description mentioned in section 3, clause (w) 1* may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the 2* Code of Civil Procedure.

* * * * *

56.Instruments executed by agriculturist not to be deemed valid unlessexecuted before a Village registrar.

56. Instruments executed by agriculturist not to be deemed valid unless executed before a Village registrar. No instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a
Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
3*[or apply to any instrument which is executed by an agriculturist merely as a surety,] 4*[or to any instrument required by section 17 of the 5* Indian Registration Act, 1877 (3 of 1877.), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registrationunder
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877. Every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the 5* Indian Registration Act, 1877 (3 of 1877.); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any
———————————————————————
1 Reproduced below:–

“(w) suits for the recovery of money alleged to be due to the plaintiff–
on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or on an account stated between the plaintiff and defendant, or on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

2 See now Act 5 of 1908.3 Ins. by Act 23 of 1881, s. 12.4 Ins. by Act 23 of 1886, s. 9.5 See now the Indian Registration Act, 1908 (16 of 1908).

17.officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of theGovernment is a party.

62. Exemption of instruments to which the Government or any officer of the Government is a party. Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 1*.

* * * * *
———————————————————————
1 The words “or any Society registered under the Co-operative
Credit Societies Act, 1904” ins. by Bom. Act 1 of 1910 were rep. by
Bom. Act 1 of 1912.1.Short title

1. Short title. Commencement.–This Act may be cited as the
1Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.- 2[This section and] sections 11, 56, 60 and 62.extend to 3[the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B
States)]. The rest of this Act extends only to the districts of
Poona, Satara, Sholapur and Ahmednagar 6[but may,from time to time be extended wholly or inpart by the State Government 7 * * * to any other district or districts in the 8[territories which, immediately before the 1st November, 1956, were comprised in the State of
Bombay,]] [or to any part or parts of any other such district or districts.]

* * * * * *

11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside.-Every suit of the description mentioned in section 3, clause (w)10 may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the “Code of Civil procedure.

* * * * * *

56.56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.

56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.-No instrument which purport to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease,and which is executed after this Act comes into force by an agriculturist residing in any local

———————————————————————
1.Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists, Relief Acts, 1879 to 1882-see s. 1 (1)
of the Dekkhan Agriculturists Relief Act, 1882 (22 of 1882). The
Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of 1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1879 to 1895-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1895 (6 of 1895). The Acts of
1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1876 to 1902-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1902 (Bom. 1 of 1902).

2.Ins. by Act 23 of 1881, s. 3 (retrospectively).

3.Subs. by the A. O. 1950, for “all the Provinces of India”.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.

5. The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtor* Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended. Hence the Part applicable to that State only has not been reproduced.

6.Ins. by. Act 23 of 1886, s. 3.7.The words “with the previous sanction of the G.G. in C.” rep. by Act
38 of 1920, s. 2 and Sch. 1.8.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of
Bombay”.

9.Ins. by Act 6 of 1895, s. 4.10.Reproduced below:-

“(w) suits for the recovery of money alleged to be due to the plaintiff-

on account of money lent or advanced to, or paid for, the defendant, or as the price of goods, sold

or

on an account stated between the plaintiff and defendant,or

on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

11.See now Act 5 of 1908.———————————————————————–

352.area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
[or apply to any instrument which is executed by an agriculturist merely as a surety,] 2[or to any instrument required by section 17 of the 3 Indian Registration Act, 1877 (3 of 1877), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registration under
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877.-Every instrument executed and registered in accordance with the foregoing- provisions shall be deemed to have been duly registered under the provisions of the Indian Registration Act , 1877 (3 of 1877 ); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of the
Government is a party.

62.Exemption of instruments to which the Government or any officer of the Government is a party.-Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 4.* * * * *

———————————————————————-
1.Ins. by Act 23 of 1881, s. 12.2.Ins. by Act 23 a 1886, s. 9.3.See now the Indian Registration Act, 1908 (16 of 1908).

4. The words “or any Society registered under the Co-operative Credit
Societies Act, 1904” ins. by Bom. A 1910 were rep. by Bom. Act 1 of 1912

PROCEDURE OF THE HIGH COURT FOR UTTAR PRADESH, 1869

An Act further to amend the Procedure of the High Court of
Judicature for 1[Uttar Pradesh].

Preamble.-WHEREAS it is expedient to amend the procedure of the
High Court of Judicature for 2[Uttar Pradesh]; It is hereby enacted as follows:-

1.[Trial of Natives and European British subjects conjointly.]

1. [Trial of Natives and European British subjects conjointly.]
Rep. by the Advocate-Generals (Power;) Act, 1875 (10 of 1875).

2.[Record of evidence.]

2. [Record of evidence.] Rep., ibid.

3.Power to award costs on petitions, etc.

3. Power to award costs on petitions, etc.-Whenever any petition, application or motion is made in any matter coming before the said Court in the exercise of its civil 3* * * or other jurisdiction, the Court shall have power to award and apportion costs in any manner it may think fit.

4.Penalty for making false statements in support of petitions, etc.

4-4. Penalty for making false statements in support of petitions, etc.-Whenever the Court shall require the statements in support of any such petition, application or motion to be verified by a declaration in writing, the person making such verification shall, if any such statement is false, and if he either knows or believes it to be false, or does not believe it to be true, be deemed to have intentionally given false evidence in a stage of a judicial proceeding.

—————

———————————————————————
1. Subs by the A.O. 1950 for the North Western Provinces.

2. Subs., ibid., for the North Western Provinces of Fort William”.

3 The word Criminal” is omitted as so much of s. 3 as relates to criminal jurisdiction was rep, by the High Courts Criminal Procedure
Act, 1875 (10 of 1875), s. 2.4. So much of s. 4 relates to criminal jurisdiction was rep., ibid.
———————————————————————–

74.Procedure of the High Court for Uttar Pradesh

1.Trial of Natives and European British subjects conjointly.

1.[Trial of Natives and European British subjects conjointly.]
Rep. by the Advocate-Generals (Powers) Act, 1875 (10 of 1875).

2.Record of evidence.

2. [Record of evidence.] Rep. ibid.

3.Power to award costs on petitions, etc.

3.Power to award costs on petitions, etc. Whenever any petition, application or motion is made in any matter coming before the said
Court in the exercise of its civil 3* * * or other jurisdiction, the
Court shall have Dower to award and apportion costs in any manner it may think fit.

4.Penalty for making false statements in support of petitions, etc.

4 4.Penalty for making false statements in support of petitions, etc. Whenever the Court shall require the statements in support of any such petition, application or motion to be verified by a declaration in writing, the person making such verification shall, if any such statement is false, and if he either knows or believes it to be false, or does not believe it to be true, be deemed to have intentionally given false evidence in a stage of a judicial proceeding.

———————————————————————-

1 Subs. by the A.O. 1950 for “the North Western Provinces”.

2 Subs., ibid., for “the North Western Provinces of the
Presidency of Fort William “.

3 The word ” Criminal ” is omitted as so much of s. 3 as relates to criminal jurisdiction was repealed by the High Courts Criminal
Procedure Act, 1875 (10 of 1875), s. 2.4 So much of s. 4 as relates to criminal jurisdiction was rep., ibid.
———————————————————————-

THE ANDHRA PRADESH AND MYSORE (TRANSFER OF TERRITORY) ACT, 1968

An Act to provide for the transfer of certain territory from the
State of Mysore to the State of Andhra Pradesh and for matters connected therewith.

BE it enacted by Parliament in the Nineteenth Year of the
Republic of India as follows:–

1.Short title.

1. Short title. This Act may be called the Andhra Pradesh and
Mysore (Transfer of Territory) Act, 1968.2.Definitions.

2. Definitions. In this Act, unless the context otherwise requires,–

(a) “appointed day” means the 1st day of October, 1968;

(b) “assembly constituency”, “council constituency” and
“parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950 (43 of
1950)

(c) “sitting member”, in relation to either House of
Parliament or of the Legislature of a State, means a person who, immediately before the appointed day, is a member of that House;

(d) “transferred territory” means the territory specified in the Schedule and transferred from the State of Mysore to the State of Andhra Pradesh by section 3.3.Transfer of territory from Mysore to Andhra Pradesh.

3. Transfer of territory from Mysore to Andhra Pradesh. (1) As from the appointed day, there shall be added to the State of Andhra
Pradesh the territory specified in the Schedule which shall thereupon cease to form part of the State of Mysore.

(2) The transferred territory shall be included in, and form part of the Hindupur taluk of Anantapur district in the State of Andhra
Pradesh.

(3) Nothing in sub-section (2) shall be deemed to affect the power of the State Government to alter, after the appointed day, the name, extent or boundaries of any district or taluk in the State of
Andhra Pradesh.

908.4.Amendment of First Schedule to the Constitution.

4. Amendment of First Schedule to the Constitution. As from the appointed day, in the First Schedule to the Constitution, under the heading “I. THE STATES”,–

(a) for the entry against “I. Andhra Pradesh”, the following shall be substituted, namely:–

“The territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953, sub-section
(1) of section 3 of the States Reorganisation Act,
1956, the First Schedule to the Andhra Pradesh and
Madras (Alteration of Boundaries) Act, 1959, and the
Schedule to the Andhra Pradesh and Mysore (Transfer of
Territory) Act, 1968, but excluding the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959.”; and

(b) in the entry against “9. Mysore”, after the words and figures “States Reorganisation Act, 1956”, the words, brackets and figures “but excluding the territory specified in the Schedule to the Andhra Pradesh and
Mysore (Transfer of Territory) Act, 1968” shall be inserted.

5.Extent of parliamentary and assembly constituencies.

5. Extent of parliamentary and assembly constituencies. As from the appointed day, the transferred territory shall cease to be part of
Madhugiri parliamentary constituency and Bagepalli assembly constituency in the State of Mysore as delimited in Order No. 11 of the Delimitation Commission made under section 10 of the Delimitation
Commission Act, 1962 (61 of 1962), and shall form part of Hindupur parliamentary constituency and Hindupur assembly constituency in the
State of Andhra Pradesh as delimited in Order No. 3 of the
Delimitation Commission made under the said section.

6.Provision as to sitting members of Parliament and LegislativeAssemblies.

6. Provision as to sitting members of Parliament and
Legislative Assemblies. (1) The sitting members of the House of the
People representing Hindupur parliamentary constituency in the State of Andhra Pradesh and Madhugiri parliamentary constituency in the
State of Mysore shall, notwithstanding the alteration in the extent of those constituencies by virtue of the provisions of this Act, continue to be members of the House of the People.

(2) The sitting members of the Legislative Assemblies of Andhra
Pradesh and Mysore representing Hindupur assembly constituency and
Bagepalli assembly constituency respectively shall, notwithstanding the alteration in the extent of those constituencies by virtue of the provisions of this Act, continue to be members of the said Assemblies.

909.7.Extent of Council constituencies.

7. Extent of Council constituencies. (1) Any reference in the
Delimitation of Council Constituencies (Andhra Pradesh) Order, 1957, to Anantapur district shall be construed as including the territory transferred to that district from the State of Mysore.

(2) Any reference in the Delimitation of Council Constituencies
(Mysore) Order, 1951, to Kolar district shall be construed as excluding the territory transferred from that district to the State of
Andhra Pradesh.

8.Sitting members of Legislative Councils.

8. Sitting members of Legislative Councils. Every sitting member of the Legislative Council of Andhra Pradesh or of Mysore representing a council constituency the extent of which is altered by virtue of section 7 shall, as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered.

9.Extension of jurisdiction of Andhra Pradesh High Court.

9. Extension of jurisdiction of Andhra Pradesh High Court. (1) As from the appointed day,–

(a) the jurisdiction of the High Court of Andhra Pradesh shall extend to the transferred territory; and

(b) the High Court of Mysore shall have no jurisdiction in respect of the said territory.

(2) If, immediately before the appointed day, there is any proceeding relatable to the transferred territory pending in the High
Court of Mysore, then, notwithstanding anything contained in sub-
section (1), such proceeding shall be heard and disposed of by that
High Court.

(3) Any order made by the High Court of Mysore in any proceeding with respect to which that High Court exercises jurisdiction by virtue of sub-section (2) shall, for all purposes, have effect, not only as an order of the High Court of Mysore but also as an order made by the
High Court of Andhra Pradesh.

(4) For the purposes of this section,–

(a) proceedings shall be deemed to be pending in the High
Court of Mysore until that Court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs;

(b) references to a High Court shall be construed as including references to a Judge or division court thereof, and references

910.to an order made by a court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or
Judge.

10.Appropriation of moneys for expenditure in transferred territory underexisting
Appropriation Acts.

10. Appropriation of moneys for expenditure in transferred territory under existing Appropriation Acts. As from the appointed day, any Act passed by the Legislature of Andhra Pradesh before that day for the appropriation of any money out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year 1968-69 shall have effect also in relation to the transferred territory, and it shall be lawful for the State Government to spend any amount for that territory out of the amount authorised by such Act to be expended for any services in that State.

11.Assets and liabilities.

11. Assets and liabilities. (1) All land and all stores, articles and other goods in the transferred territory belonging to the State of
Mysore shall, as from the appointed day, pass to the State of Andhra
Pradesh.

Explanation.–In this sub-section, the expression “land” includes immovable property of every kind and any rights in or over such property and the expression “goods” does not include coins, bank notes and currency notes.

(2) All rights, liabilities and obligations, whether arising out of a contract or otherwise, of the State of Mysore in relation to the transferred territory shall, as from the appointed day, be the rights, liabilities and obligations, respectively, of the State of Andhra
Pradesh.

12.State Financial Corporations and State Electricity Boards.

12. State Financial Corporations and State Electricity Boards. As from the appointed day,–

(a) the Financial Corporations constituted under the State
Financial Corporations Act, 1951 (63 of 1951), for the
States of Mysore and Andhra Pradesh, and

(b) the State Electricity Boards constituted under the
Electricity (Supply) Act, 1948 (54 of 1948) for the said States.

shall be deemed to have been constituted for those States with their areas as altered by the provisions of section 3.13.Extension of laws.

13. Extension of laws. All laws which, immediately before the appointed day, extend to, or are in force in, the Hindupur taluk of
Anantapur district in the State of Andhra Pradesh but do not extend to, or are not in force in, the transferred territory, shall, as from that day, extend to, or as the case may be, come into force in, the transferred territory; and all laws which,

911.immediately before the appointed day, are in force in the transferred territory but not in the Hindupur taluk of Anantapur district in the
State of Andhra Pradesh shall, on that day, cease to be in force in the transferred territory, except as respects things done or omitted to be done before that day.

Explanation.–In this section, “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the State of Andhra Pradesh or Mysore.

14.Power to construe laws.

14. Power to construe laws. Any court, tribunal or authority required or empowered to enforce any law extended to the transferred territory by section 13 may, for the purpose of facilitating its application in relation to the transferred territory, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.

15.Legal proceedings.

15. Legal proceedings. Where, immediately before the appointed day, the State of Mysore is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the
State of Andhra Pradesh under this Act, the State of Andhra Pradesh shall be deemed to be substituted for the State of Mysore as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.

16.Transfer of pending proceedings.

16. Transfer of pending proceedings. (1) Every proceeding pending immediately before the appointed day before any court (other than a
High Court), tribunal, authority or officer in any area which on that day falls within the State of Mysore shall, if it is a proceeding relating exclusively to any part of the transferred territory, stand transferred to the corresponding court, tribunal, authority or officer in the State of Andhra Pradesh.

(2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the
High Court of Mysore and the decision of that High Court shall be final.

(3) In this section,–

(a) “proceeding” includes any suit, case or appeal, and

912.(b) “corresponding court, tribunal, authority or officer” in the State of Andhra Pradesh means–

(i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or

(ii) in case of doubt, such court, tribunal, authority or officer in that State as may be determined after the appointed day by the Government of Andhra
Pradesh, or before the appointed day by the Government of Mysore, to be the corresponding court, tribunal, authority or officer.

17.Effect of provisions inconsistent with other laws.

17. Effect of provisions inconsistent with other laws. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

18.Power to remove difficulties.

18. Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act (including any difficulty in relation to the transition under section 13 from one law to another law), the President may by order do anything not inconsistent with any such provision which appears to him to be necessary for the purpose of removing the difficulty.

19.Power to make rules.

19. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.

(2) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 1*[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

SCHE

TERRITORY TRANSFERRED FROM THE STATE OF MYSORE TO THE STATE OF ANDHRAPRADESH

THE SCHEDULE

[See sections 2 (d) and 3]

TERRITORY TRANSFERRED FROM THE STATE OF MYSORE TO THE STATE OF
ANDHRA PRADESH

Area comprised in survey number 19 of “Abakavaripalli” village of
Bagepalli taluk in Kolar district.
———————————————————————-
1. Subs. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986).

THE ANDHRA PRADESH LEGISLATIVE COUNCIL ACT, 2005

An Act to provide for the creation of Legislative Council for the State of Andhra Pradesh and for matters supplemental, incidental and consequential thereto.

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-

1. Short title.

1. Short title.-This Act may be called the Andhra Pradesh Legislative Council Act, 2005.

2. Definitions.

2. Definitions.-In this Act, unless the context otherwise requires, each of the words and expressions used herein and not defined but defined in the Representation of the People Act, 1950 (43 of 1950), shall have the same meaning as in that Act.

3. Creation of Legislative Council for Andhra Pradesh.

3. Creation of Legislative Council for Andhra Pradesh.-(1) As from such date as the President may by order appoint, there shall be a Legislative Council for the State of Andhra Pradesh; and as from that date, in sub-clause (a) of clause (1) of article 168, after the words ”States of”, the words ”Andhra Pradesh,”, shall be inserted.

(2) In the said Council, there shall be 90 seats of which-

(a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171 shall be 31, 8 and 8 respectively;

(b) the number to be filled by persons elected by the members of the Legislative Assembly of Andhra Pradesh in accordance with the provisions of sub-clause (d) of the said clause shall be 31; and

(c) the number to be filled by persons nominated by the Governor of Andhra Pradesh in accordance with the provisions of sub-caluse (e) of that clause shall be 12.

(3) As soon as may be after the commencement of this Act, the President, after consultation with the Election Commission, shall, by order, determine-

(a) the constituencies into which the State of Andhra Pradesh shall be divided for the purpose of elections to the said Council under each of the sub-clauses (a), (b) and (c) of clause (3) of article 171;

(b) the extent of each constituency; and

(c) the number of seats to be allotted to each constituency.

(4) As soon as may be after such determination, steps shall be taken to constitute the said Council in accordance with the provisions of this Act, the Representation of the People Act, 1950 (43 of 1950) and the Representation of the People Act, 1951 (43 of 1951).

4. Amendment of Third Schedule and Fourth Schedule of Act 43 of 1950.

4. Amendment of Third Schedule and Fourth Schedule of Act 43 of 1950.-In the Representation of the People Act, 1950,-

(a) in the Third Schedule, before entry No. 2 relating to Bihar, the following entry shall be inserted, namely:-

“1. Andhra Pradesh 90 31 8 8 31 12”;

(b) in the Fourth Schedule, before the heading “BIHAR”, the following heading and entries shall be inserted, namely:-

“ANDHRA PRADESH

1. Municipal Corporations.

2. Municipalities.

3. Nagar Panchayats.

4. Cantonment Boards.

5. Zila Praja Parishads.

6. Mandal Praja Parishads.”.

5. Amendment of section 15A of Act 43 of 1951.

5. Amendment of section 15A of Act 43 of 1951.-In section 15A of the Representation of the People Act, 1951, for the words and figures “under the Legislative Councils Act, 1957”, the words and figures “under the Andhra Pradesh Legislative Council Act, 2005” shall be substituted.

THE BENGAL SUPPRESSION OF TERRORISTOUTRAGES (SUPPLEMENTARY) ACT, 1932

An Act to supplement the Bengal Suppression of Terrorist Outrages Act,
1932.WHEREAS it is expedient to supplement the Bengal Suppression of
Terrorist Outrages Act, 1932 ( Ben.Act 12 of 1932); It is hereby enacted as follows:-

1.Short title.

1.Short title. This Act may be called the Bengal Suppression of
Terrorist Outrages (Supplementary) Act, 1932.
2.Definitions.

2.Definitions.In this Act,-

(a) “Code” means the Code of Criminal Procedure, 1898 ( 5.of 1898); and

(b) “local Act” means the Bengal Suppression of Terrorist
Outrages Act, 1932.(Ben.Act 12 of 1932.)

3.Appeals.

3. Appeals. (1) An appeal shall lie to the High Court of
Judicature at Fort William in Bengal, from-

(a) any sentence passed by a Special Magistrate in any trial held under the local Act in the presidency-town of
Calcutta,

(b) any sentence of transportation for a term exceeding two years, or of imprisonment for a term exceeding four years passed by a Special Magistrate in any trial under the local
Act held outside the presidency-town of Calcutta.

(2) An appeal under sub-section (1) shall be presented within thirty days from the date of the sentence, and shall be disposed of by the High Court in the manner provided in Chapter XXXI of the Code for the hearing of appeals.

4.Effect of section 19 of local act.

4. Effect of section 19 of local act. Section 19 of the local
Act shall have effect as if it had been enacted by the Indian legislature.

5.Exclusion of interference of courts with proceedings under local Act.

5.Exclusion of interference of courts with proceedings under local Act. Notwithstanding the provisions of the Code, or of any other law for the time being in force, or of anything having the force of law, there shall, save as provided in the local Act as supplemented by this Act, be no appeal from any order or sentence passed by a Special Magistrate under the local Act and save as aforesaid no Court shall have authority to revise such order or sentence, or to transfer any case from any such Magistrate, or to make any order under section 491 of the Code, or have any jurisdiction of any kind in respect of any proceedings of any such Magistrate, or of any direction made under
Chapter II of the local Act:

1* *

—————————————————————-

1 Proviso to s. 5 was rep. by the A. O. 1937.—————————————————————-

THE BERAR LAWS ACT, 1941

An Act to extend certain Acts to Berar.

WHEREAS by orders made under the Indian (Foreign Jurisdiction)
Order in Council, 1902, the provisions of certain Acts 1*** have from time to time been applied to, and are now, by virtue of such application, in force in, Berar;

AND WHEREAS it is expedient that those and certain other Acts should be extended to, and be, by virtue of such extension, in force in, Berar;

It is hereby enacted as follows:–

1.Short title and commencement.

1. Short title and commncement. (1) This Act may be called the
Berar Laws Act, 1941.(2) It shall come into force on such 2*date as the central
Government may, by notification in the Official Gazette, appoint.

2.Extension of certain Acts to Berar.

2. Extension of certain Acts to Berar. (1) The Acts specified in the First Schedule and so much of any Act specified in the Second
Schedule as relates to matters with respect to which the Central
Legislature has power to make laws are hereby extended to, and shall be in force in, Berar; and in any enactment so extended, 3***
notwithstanding anything contained in clause (7) of section 3 of the
General Clauses Act, 1897 (10 of 1897.), any reference to the States shall be construed as a reference to the States and Berar.

(2) The Acts specified in the Third Schedule shall be amended in the manner set forth in the second column of that Schedule.

3.Cesser of application of certain Acts to Berar.

3. Cesser of application of certain Acts to Berar. The application, if any, to Berar, made by order under the Indian (Foreign
Jurisdiction) Order in Council, 1902, of the Acts specified in the
First Schedule, of so much of any Act specified in the second Schedule as relates to matters with respect to which the Central Legislature has power to make laws, and of the Indian Cotton Cess Act, 1923 (14 of
1923), shall cease to have effect:

Provided that all appointments delegation, notifications, orders, bye-laws, rules and regulations, which have been made or issued under, or in pursuance of, any provision of any of the said Acts as applied to Berar by order under the said Order in Council, and which are in force at the commecement of this Act, shall be deemed to have been made or issued under or in pursuance of the corresponding provision of that Act as now extended to, and in force in, Berar.
———————————————————————-
1. The words “in force in the Provinces” omitted by the A. O. 1950.
2. The 1st August, 1941, see Gazette of India, 1941, Pt. I, p. 966.3. Certain words omitted by the A. O. 1950.

102.4.Removal of doubt.

4. Removal of doubt. For the removal of doubt it is hereby declared that the Acts specified in the Fourth Schedule have ceased to have effect and are repealed in Berar.

SCHE

ACTS EXTENDED TO BERAR

THE FIRST SCHEDULE

[See section 2 (1) and 3]

ACTS EXTENDED TO BERAR
———————————————————————-

Year Number Short title
———————————————————————-

1850 XIX . . . . The Apprentices Act, 1850.

1850 XXI . . . . The Caste Disabilities Removal Act, 1850.

1855 XIII . . . The Indian Fatal Accidents Act, 1855.1856 XI . . . . The European Deserters Act, 1856.1856 XV . . . . The Hindu Widows Re-marriage Act, 1856.1860 XLV . . . . The Indian Penal Code, 1860.

1864 III . . . . The Foreigners Act, 1864.1865 III . . . . The Carriers Act, 1865.1866 XXI . . . . The Native Converts Marriage Dissolution
Act, 1866.1867 XXV . . . . The Press and Registration of Books Act,
1867.1869 IV . . . . The Indian Divorce Act, 1869.1872 I . . . . The Indian Evidence Act, 1872.1872 III . . . . The Special Marriage Act, 1872.1872 IX . . . . The Indian Contract Act, 1872.1872 XV . . . . The Indian Christian Marriage Act, 1872.1873 V . . . . The Government Savings Banks Act, 1873.1873 X . . . . The Indian Oaths Act, 1873.1874 IX . . . . The European Vagrancy Act, 1874.1875 IX . . . . The Indian Majority Act, 1875.1875 XVIII . . . The Indian Law Reports Act, 1875.1876 IX . . . . The Native Coinage Act, 1876.1877 I . . . . The Specific Relief Act, 1877.1878 VIII. . . . The Sea Customs Act, 1878.1878 XI . . . . The Indian Arms Act, 1878.1879 XVIII . . . The Legal Practitioners Act, 1879.1881 XXVI . . . The Negotiable Instruments Act, 1881.1882 II . . . The Indian Trusts Act, 1882.1882 XII . . . The Indian Salt Act, 1882.1884 IV . . . . The Indian Explosives Act, 1884.1888 III . . . . The Police Act, 1888.1889 IV . . . . The Indian Merchandise Marks Act, 1889.1890 VIII. . . . The Guardians and Wards Act, 1890.
———————————————————————-

103.———————————————————————-

Year Number Short title
———————————————————————-
1890 XI . . . . The Prevention of Cruelty to Animals
Act, 1890.

1891 XVIII . . . The Bankers Books Evidence Act, 1891.1898 V . . . . The Code of Criminal Procedure, 1898.1901 II . . . . The Indian Tolls (Army) Act, 1901.1903 VII . . . . The Indian Works of Defence Act, 1903.1903 XV . . . . The Indian Extradition Act, 1903.1904 VII . . . . The Ancient Monuments Preservation Act,
1904.1905 IV . . . . The Indian Railway Board Act, 1905.1906 III . . . . The Indian Coinage Act, 1906.1908 V . . . . The Code of Civil Procedure, 1908.1908 VI . . . . The Explosive Substances Act, 1908.1908 IX . . . . The Indian Limitation Act, 1908.1908 XIV . . . . The Indian Criminal Law Amendment Act,
1908.1908 XVI . . . . The Indian Registration Act, 1908.1909 IV . . . . The Whipping Act, 1909.1910 IX . . . . The Indian Electricity Act, 1910.1911 II . . . . The Indian Patents and Designs Act, 1911.1911 VIII. . . . The Indian Army Act, 1911.1912 IV . . . . The Indian Lunacy Act, 1912.1913 II . . . . The Official Trustees Act, 1913.1913 III . . . . The Administrator Generals Act. 1913.1914 III . . . . The Indian Copyright Act, 1914.1916 VII . . . . The Indian Medical Degrees Act, 1916.1917 II . . . . The Motor Spirit (Duties) Act, 1917.1917 XVIII . . . The Post Office Cash Certificates Act,
1917.1918 XXII . . . . The Bronze Coin (Legal Tender) Act, 1918.1919 XII . . . . The Poisons Act, 1919.1920 V . . . . The Provincial Insolvency Act, 1920.1920 XIV . . . . The Charitable and Religious Trusts Act,
1920.1920 XV . . . . The Indian Red Cross Society Act, 1920.1920 XLVII. . . . The Imperial Bank of India Act, 1920.1920 XLVIII . . . The Indian Territorial Force Act, 1920.1920 XLIX . . . . The Auxiliary Force Act, 1920.1921 XVIII. . . . The Maintenance Orders Enforcement Act,
1921.1922 XI . . . . The Indian Income-tax Act, 1922.1922 XII . . . . The Indian Fiance Act, 1922.1922 … . . . . The Indian States (Protection against
Disaffection) Act, 1922.1923 IV . . . . The Indian Mines Act, 1923.1923 V . . . . The Indian Boilers Act, 11923.1923 VIII . . . . The Workmens Compensation Act, 1923.———————————————————————-

104.———————————————————————-

Year Number Short title
———————————————————————-
1923 XXIII . . . . The Legal Practitioners (Women) Act, 1923.1924 VI . . . . The Criminal Tribes Act, 1924.1925 XXXIX . . . . The Indian Succession Act, 1925.1926 XI . . . . The Promissory Notes (Stamp) Act, 1926.1926 XVI . . . . The Indian Trade Unions Act, 1926.1926 XXI . . . . The Legal Practitioners (Fees) Act, 1926.1926 XXXVIII . . . The Indian Bar Councils Act, 1926.1929 VII . . . . The Trade Disputes Act, 1929.1929 XIX . . . . The Child Marriage Restraint Act, 1929.1930 II . . . . The Dangerous Drugs Act, 1930.

1930 III . . . . The Indian Sale of Goods Act, 1930.

1930 XVIII . . . . The Silver (Excise Duty) Act, 1930.

1930 XIX . . . . The Indian Companies (Amendment) Act,
1930.

1930 XXIV . . . . The Indian Lac Cess Act, 1930.

1931 …. . . . . The Indian Finance Act, 1931.1931 … . . . . The Indian Finance (Supplementary and
Extending) Act, 1931.1931 XVI . . . . The Provisional Collection of Taxes Act,
1931.1931 XXIII . . . . The Indian Press (Emergency Powers) Act,
1931.1932 IX . . . . The Indian Partnership Act, 1932.1932 XI . . . . The Public suits Validation Act, 1932.1932 XII . . . . The Foreign Relations Act, 1932.1932 XIII . . . . The Sugar Industry (Protection) Act,
1932.1932 XXIII . . . . The Criminal Law Amendment Act, 1932.1933 II . . . . The Children (Pledging of Labour) Act,
1933.1933 VII . . . . The Indian Finance Act, 1933.1933 XVII . . . . The Indian Wireless Telegraphy Act,
1933.1933 XXVII . . . . The Indian Medical Council Act, 1933.1934 II . . . . The Reserve Bank of India Act, 1934.1934 VIII . . . . The Khaddar (Name Protection) Act, 1934.1934 IX . . . . The Indian Finance Act, 1934.1934 XI . . . . The Indian States (Protection) Act,
1934.1934 XIV . . . . The Sugar (Excise Duty) Act, 1934.1934 XVI . . . . The Matches (Excise Duty) Act, 1934.1934 XX . . . . The Indian Carriage by Air Act, 1934.1934 XXII . . . . The Indian Aircraft Act. 1934.1934 XXIII . . . . The Mechanical Lighters (Excise Duty)
Act, 1934.1934 XXV . . . . The Factories Act, 1934.1934 XXXI . . . . The Iron and Steel Duties Act, 1934.1934 XXXII . . . . The Indian Tariff Act, 1934.1935 .. . . . . The Indian Finance Act, 1935.105.———————————————————————
Year Number Short title
———————————————————————-

1936 … . . . . The Indian Finance Act, 1936.1936 III . . . . The Parsi Marriage and Divorce Act,
1936.1936 IV . . . . The Payment of Wages Act, 1936.1936 XIV . . . . The Geneva Convention Implementing Act,
1936.1937 I . . . . The Agricultural produce (Grading and
Marking) Act, 1937.1937 VI . . . . The Arbitration (Protocol and Convent-
ion) Act, 1937.1937 … . . . . The Indian Finance Act, 1937.———————————————————————-

SCHE

ACTS PARTIALLY EXTENDED TO BERAR

THE SECOND SCHEDULE

[See sections 2 (1) and 3]

ACTS PARTIALLY EXTENDED TO BERAR

———————————————————————-
Year Number Short title
______________________________________________________________________
1843 V . . . . The Indian Slavery Act, 1843.1850 XII . . . . The Public Accountants Default Act,
1850.

1850 XXXVII. . . . The Public Servants (Inquiries) Act,
1850.

1855 XXIV . . . . The Penal Servitude Act, 1855.1870 VII . . . . The Court-fees Act, 1870.

1871 XXIII . . . . The Pensions Act, 1871.1881 XI . . . . The Municipal Taxation Act, 1881.1882 IV . . . . The Transfer of Property Act, 1882.1885 XIII . . . . The Indian Telegraph Act, 1885.1886 VI . . . . The Births, Deaths and Marriages Regis-
ration Act, 1886.1886 XI . . . . The Indian Tramways Act, 1886.1890 I . . . . The Revenue Recovery Act, 1890.

1890 VI . . . . The Charitable Endowments Act, 1890.

1890 IX . . . . The Indian Railways Act, 1890.

1895 XV . . . . The Crown Grants Act, 1895.1897 III . . . . The Epidemic Diseases Act, 1897.1897 X . . . . The General Clauses Act, 1897.1897 XIV . . . . The Indian Short Titles Act, 1897.1898 VI . . . . The Indian Post Office Act, 1898.1899 II . . . . The Indian Stamp Act, 1899.1899 IV . . . . The Government Buildings Act, 1899.1913 VII . . . . The Indian Companies Act, 1913.1914 IX . . . . The Local Authorities Loans Act, 1914.1916 XV . . . . The Hindu Disposition of Property Act,
1916.1917 V . . . . The Destruction of Records Act, 1917.———————————————————————-

106.———————————————————————-
Year Number Short title
______________________________________________________________________
1918 II . . . . The Cinematograph Act, 1918.1920 X . . . . The Indian Securities Act, 1920.1920 XXXIX . . . . The Indian Elections Offences and Inqu-
iries Act, 1920.1923 III . . . . The Cotton Trnasport Act, 1923.1923 XIX . . . . The Indian Official Secrets Act, 1923.1924 XIII . . . . The Indian (Specified Instrument)
Stamp Act, 1924.1925 IV . . . . The Indian Soldiers (Litigation) Act,
1925.1925 XII . . . . The Cotton Ginning and Pressing Facto-
ries Act, 1925.1925 XIX . . . . The Provident Funds Act, 1925.1927 XVI . . . . The Indian Forest Act, 1927.1928 XII . . . . The Hindu Inheritance (Removal of Disa-
bilities) Act, 1928.1929 II . . . . The Hindu Law of Inheritance (Amendment)
Act, 1929.1930 XXX . . . . The Hindu Gains of Learning Act, 1930.

1936 V . . . . The Decrees and Orders Validating Act,
1936.———————————————————————-

SCHE

ACTS AMENDED

THE THIRD SCHEDULE

[See section 2 (2)]

ACTS AMENDED

———————————————————————-
Name of Act Amendments
———————————————————————-
The Code of Civil Procedure In section 7 and in rule 1 of Order
1908 (Act V of 1908). L in the First Schedule,–

(a) after the figures “1887” the words and figures “or under the
Berar Small Cause Courts Law,
1905” shall be inserted, and

(b) for the words “under that Act”
the words “under the said Act or Law” shall be substituted.

The Indian Limitation Act, In Article 161 of the First Schedu-
1908 (IX of 1908). le, the word “Provincial” in both places where it occurs, shall be omitted, and after the words
“Small Causes” where they occur for the first time, the brackets and words “(other than a Presid-
ency Small Cause Court)” shall be inserted.

———————————————————————-

107.SCHE

ACTS WHICH HAVE CEASED TO HAVE EFFECT AND ARE REPEALED IN BERAR

THE FOURTHS SCHEDULE

(See section 4)

ACTS WHICH HAVE CEASED TO HAVE EFFECT AND ARE REPEALED IN BERAR

———————————————————————-
Year Number Short title
———————————————————————-
1841 XIX . . . . The Succession (Property Protection)
Act, 1841.1847 XX . . . . The Indian Copyright Act, 1847.1860 IX . . . . The Employers and Workmen (Disputes)
Act, 1860.

1865 X . . . . The Indian Succession Act, 1865.1865 XXI . . . . The Parsi Intestate Succession Act, 1865.1881 V . . . . The Probate and Administration Act,
1881.1881 VI . . . . The District Delegates Act, 1881.1889 VII . . . . The Succession Certificate Act, 1889.1911 XII . . . . The Indian Factories Act, 1911.1912 V . . . . The Provident Insurance Societies Act,
1912.1912 VI . . . . The Indian Life Assurance Companies Act,
1912.1914 VIII . . . . The Indian Motor Vehicles Act, 1914.1919 X . . . . The Excess Profits Duty Act, 1919.1923 X . . . . The Indian Paper Currency Act, 1923.1926 XIX . . . . The Indian Finance Act, 1926.1927 V . . . . The Indian Finance Act, 1927.1928 XX . . . . The Indian Insurance Companies Act,
1928.1929 X . . . . The Indian Census Act, 1929.1933 XIII . . . . The Safeguarding of Industries Act,
1933.1935 … . . . . The Criminal Law Amendment Act, 1935.1936 I . . . . The Italian Loans and Credits Prohibi-
tion Act, 1936.———————————————————————-

THE BETWA RIVER BOARD ACT, 1976

An Act to provide for the establishment of a Board for the creation of a reservoir at Rajghat by construction, on behalf of the Governments of Madhya Pradesh and Uttar Pradesh, of a dam on the Betwa river at
Rajghat and for the regulation of such reservoir.

Be it enacted by Parliament in the Twenty-seventh Year of the
Republic of India as follows:-
CHAPTER IPRELIMINARY

 

1.Short title and commencement.

1. Short title and commencement. (1) This Act may be called the
Betwa River Board Act, 1976.(2) It shall come into force on such date 1* as the Central
Government may, after consultation with the Governments of Madhya
Pradesh and Uttar Pradesh, by notification in the Official Gazette, appoint.

2.Declaration as to expediency of control by the Union.

2. Declaration as to expediency of control by the Union. It is hereby declared that it is expedient in the public interest that the
Central Government should take under its control the regulation and development of the inter-State Betwa River and River Valley to the extent hereinafter provided.

3.Definitions.

3. Definitions. In this Act, unless the context otherwise requires,-

(a) “Board” means the Betwa River Board established under section 4;

(b) “Chairman” means the Chairman of the Board;

(c) “Executive Committee” means the Executive Committee constituted under section 5;

(d) “member” means a member of the Board and includes the
Chairman;

(e) “prescribed” means prescribed by rules made by the
Central Government under section 22;

(f) “Rajghat Dam” means the Dam described in the Schedule;
———————————————————————-
1. 25.10.1976: Vide Notifn. No G.S.R. 1518, dated 14.10.1976.214.(g) 1*[Rani Laxmibai Sagar] means the reservoir created by the construction of the Rajghat Dam;

(h) “regulations” means regulations made by the Board under section 23;

(i) “rules” means rules made by the Central Government under section 22.

CHAPTER IIESTABLISHMENT OF THE BOARD


4. Establishment and incorporation of the Betwa River Board. (1)
With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a board to be called the Betwa River Board.

 

(2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.

(3) The Union Minister in charge of Irrigation shall be the
Chairman of the Board and the other members of the Board shall be the following, namely:-

2*[(a)where the same Union Minister is not in charge of both
Irrigation and Power, the Union Minister in charge of
Power or such Minister or Deputy Minister in the Union
Ministry or Department in charge of Power as may be specified in this behalf by the Union Minister in charge of Power;

(b) the Chief Ministers of Madhya Pradesh and Uttar
Pradesh; and

(c) the Ministers of Madhya Pradesh and Uttar pradesh in charge of Finance, Irrigation and Power]:

Provided that when a proclamation made under article 356 of the
Constitution is in force in relation to the State of Madhya Pradesh or
Uttar Pradesh, the Central Government may appoint three persons to represent such State on the Board and the persons so appointed shall vacate their offices upon the revocation or cesser of operation of such proclamation.
———————————————————————-
1. Subs. by Act 49 of 1993, S. 2.2. Subs. by Act 47 of 1977, s. 2 for the original clauses.

215.(4) The Board may permit any officer of the Central Government or the Government of Madhya Pradesh or Uttar Pradesh to attend any of its meetings and take part in the proceedings but such officer shall not be entitled to vote.

(5) The Board may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in complying with any of the provisions of this Act and a person so associated shall have the right to take part in the discussions of the Board relevant to the purpose for which he has been associated, but shall not be entitled to vote.

5.Executive committee.

5. Executive committee. (1) The Central government may, by notification in the Official Gazette, constitute an Executive
Committee consisting of officers of that government and officers of the Governments of Madhya Pradesh and Uttar Pradesh.

(2) The composition of the Executive Committee shall be such as may be prescribed:

Provided that-

(a) an officer of the Central government shall be the
Chairman of the Committee;

(b) the Governments of Madhya Pradesh and Uttar Pradesh shall have equal representation.

(3) Subject to the general superintendence and control of the
Board, the management of the affairs of the Board shall vest in the
Executive Committee and the Chairman and other members of the
Committee shall assist the Board in such manner as the Board may require.

(4) Subject to the rules, and to the directions of the Board, the
Executive Committee may exercise any power and do any act or thing which may be exercised or done by the Board.

(5) The procedure to be followed by the Executive committee and all other matters relating to the Executive Committee shall be as such as may be prescribed.

6.Vacancies, etc., not to invalidate proceedings of the Board or theExecutive
Committee.

6. Vacancies, etc., not to invalidate proceedings of the Board or the Executive Committee. No act or proceeding of the Board or the
Executive Committee shall be invalidated by reason of-

(a) any vacancy in the Board or the Executive Committee;

(b) any defect in the composition of, or in any appointment to, the Board or the Executive Committee;

216.(c) any irregularity in the procedure of the Board or the
Executive Committee not affecting the merits of the case.

7.Chief Engineer and Financial Adviser.

7. Chief Engineer and Financial Adviser. (1) The Central
Government may, after consultation with the Governments of Madhya
Pradesh, and Uttar Pradesh, appoint an Engineer (to be the Chief
Engineer of the Board and to be known as the Chief Engineer, Rajghat
Dam Project), and a Financial Adviser, and a Secretary, to the Board from amongst the officers of the Government of Madhya Pradesh and
Uttar Pradesh:

Provided that the Central Government shall, so far as practicable, ensure that officers from the same State do not hold the posts of Chief Engineer and Secretary at the same time:

1*[Provided further that the Central Government may, with the concurrence of the Governments of Madhya Pradesh and Uttar Pradesh, appoint an officer of the Central government as the Financial
Adviser].

(2) Subject to the general superintendence and control of the
Board and the Executive Committee, the Chief Engineer of the Board appointed under sub-section (1) shall be the Chief Executive Officer of the Board and shall exercise and discharge-

(a) such powers and duties as may be prescribed or as may be delegated to him by the Board;

(b) such other powers and duties as may be determined by regulations.

(3) The Financial Adviser appointed under sub-section (1) shall be the Chief Accounts Officer of the Board.

(4) The terms and conditions of service of the Chief Engineer of the Board, and of the Financial Adviser, and the Secretary, to the
Board shall be such as may be prescribed.

8.Other officers and employees of the Board.

8. Other officers and employees of the Board. (1) Subject to the rules, the Board may appoint such officers and employees as it may deem necessary for the efficient discharge of its functions:

Provided that the Board shall, as far as practicable, utilise the services of the officers and employees offered by the Governments of
Madhya Pradesh and Uttar Pradesh in such a manner that equal representation is given to the two States.
———————————————————————-
1. Ins. by Act 47 of 1977, s. 3.217.(2) The terms and conditions of service of the officers and employees of the Board shall be such as may be determined by regulations.

9.Advisory Committees.

9. Advisory Committees. Subject to the rules, the Board may from time to time, constitute one or more Advisory Committees to assist the
Board and the Executive Committee in the efficient discharge of their functions.

CHAPTER IIIFUNCTIONS AND POWERS OF THE BOARD


10. Functions of the Board. Subject to the other provisions of this Act and the rules, the Board may, if satisfied that the
Governments of Madhya Pradesh and Uttar Pradesh have complied with or arranged to comply with the conditions specified in section 11,–

 

(a) carry out surveys and investigations in the Betwa
Inter-State river valley and prepare a comprehensive project report for the construction of Rajghat Dam and appurtenant works 1*[and for the generation of power at
Rajghat Dam, including the construction of a power house (hereinafter referred to as the Rajghat Power
House) near the dam and appurtenant works] and finalise the same after consulting the Governments of Madhya
Pradesh and Uttar Pradesh and taking into account the suggestions if any made by those Governments;

(b) prepare detailed reports and estimates in respect of the Project and allocate the cost among the Governments of Madhya Pradesh and Uttar Pradesh;

(c) draw up standards and specifications for implementation of the project and for the maintenance thereof;

(d) construct the Rajghat Dam 1*[and the Rajghat Power
House] and the common carrier from the dam to irrigate areas in Madhya Pradesh and Uttar Pradesh;

(e) lay down rules of operation and management of Rajghat
Dam;

(f) perform any other function which is supplemental, incidental, or consequential to all or any of the functions specified in clauses (a) to (e).
———————————————————————-
1. Ins. by Act 47 of 1977, s. 4.218.11.Conditions subject to which the Board may exercise its functions.

11. Conditions subject to which the Board may exercise its functions. (1) The exercise by the Board of the functions specified in section 10 shall be subject to the following conditions, namely:-

(i) that the Governments of Madhya Pradesh and Uttar
Pradesh shall at all times make, to the satisfaction of the Board, suitable provisions as to the moneys, land facilities and electrical power for construction and all other things required by the Board;

(ii) that the liability for the entire expenditure on the
1*[Rajghat Dam and Rajghat Power House including appurtenant works and on the generation of power at
Rajghat Dam] and all other expenditure incurred by the
Board in the discharge of its functions shall be shared by the Governments of Madhya Pradesh and Uttar Pradesh in such proportion as may be specified by the Board:

Provided that the Board may specify different proportions for different works or matters having regard to the benefits which may accrue to the States and other relevant factors;

(iii) that the Governments of Madhya Pradesh and Uttar
Pradesh shall extend full co-operation to the Board and shall in particular make available to the Board the land and electric power required by it for construction purposes as expeditiously as possible.

(2) For the purposes of clause (ii) of sub-section (1), the expenditure on the Rajghat Dam shall include the expenditure incurred by the Government of Uttar Pradesh on the Rajghat Dam Project before the establishment of the Board and the Board shall determine the amount of expenditure so incurred by the Government of Uttar Pradesh and the extent to which it shall be reimbursed by the Government of
Madhya Pradesh.

12.Powers of the Board.

12. Powers of the Board. (1) Subject to the provisions of this
Act and the rules, the Board shall have the power to do anything which may be necessary or expedient for the purpose of carrying out its functions under this Act.
———————————————————————-
1. Subs. by Act 47 of 1977, s. 5, for “Rajghat Dam including appurtenant works”.

219.(2) Without prejudice to the generality of the foregoing provision, such power shall include the powers-

(a) to acquire, hold and dispose of such properties both movable and immovable as the Board deems necessary;

(b) to publish statistics or other information relating to the various aspects of flood control and drainage in the Betwa River Valley 1*[, the regulation of [Rani
Laxmibai Sagar] 2* and the generation of power at
Rajghat Dam];

(c) to require the Governments of Uttar Pradesh and Madhya
Pradesh to furnish such information as the Board may require in the discharge of its functions.

CHAPTER IVFINANCE, ACCOUNTS AND AUDIT

 

13. Betwa River Board Fund. (1) There shall be constituted a Fund to be called the Betwa River Board Fund and there shall be credited thereto the sums paid to the Board by the Governments of Madhya
Pradesh and Uttar Pradesh and all other sums received by the Board.

(2) The Fund shall be applied-

(a) for meeting the salaries, allowances and other remuneration of the officers and other employees of the
Board and other administrative expenses of the Board;

(b) for meeting the expenditure on surveys and investigations undertaken by the Board;

(c) for meeting the cost of construction of the 3*[Rajghat
Dam, the Rajghat Power House and appurtenant works];

(d) for meeting the other expenses of the Board in the discharge of its functions under this Act.

14.Budget.

14. Budget. The Board shall prepare in such form and at such time each year as may be prescribed its budget for the next financial year showing the estimated expenditure, the amount of expenditure which the
State Governments of Madhya Pradesh and Uttar Pradesh have
———————————————————————-
1. Subs. by Act 47 of 1977, s. 6 for “and the regulation of Rajghat
Reservoir”.
2. Subs. by Act 49 of 1993, s. 3.3. Subs. by Act 47 of 1977, s. 7, for “Rajghat Dam and appurtenant works”.

220.undertaken to provide for and forward the same to the Central
Government and the said State Governments.

15.Annual report.

15. Annual report. (1) The Board shall prepare in such form and at such time each year as may be prescribed its annual report giving a full account of its activities during the previous year and forward copies thereof to the Central Government and that Government shall cause the same to be laid before each House of Parliament.

(2) The Board shall forward copies of its annual reports to the
Governments of Madhya Pradesh and Uttar Pradesh.

16.Accounts and audit.

16. Accounts and audit. The accounts of the Board shall be maintained and audited in such manner as may, in consultation with the
Comptroller and Auditor-General of India, be prescribed.

CHAPTER VMISCELLANEOUS

 

17. Directions by Central Government. In the discharge of its functions, the Board shall be guided by such directions and instructions on questions of policy as may be given to it by the
Central Government.

18.Disputes between the Board and the State Governments.

18. Disputes between the Board and the State Governments. If any dispute arises between the Board and the Government of Madhya Pradesh or Uttar Pradesh or both regarding any matter covered by this Act or touching or arising out of it, it shall be referred to the Central government and the decision of the Central Government shall be final and binding on the Board and the said Governments.

19.Power to enter.

19. Power to enter. Subject to any rules made in this behalf, any officer of the Board generally or specially authorised by the Board in this behalf may, at all reasonable times, enter upon any land or premises and there do such things as may be reasonably necessary for the purpose of lawfully carrying out any works or of making any surveys, examination or investigation, preliminary or incidental to the exercise of any power or the performance of any function by the
Board under this Act:

Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without previously giving such occupier at least seven days notice in writing of his intention to do so.

221.20.Members. officers and employees of the Board to be public servants.

20. Members. officers and employees of the Board to be public servants. All members of the Board and the Executive Committee and all officers and employees of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860).

21.Protection of action taken in good faith.

21. Protection of action taken in good faith. (1) No suit, prosecution or other legal proceedings shall lie against the Central
Government or the government of Madhya Pradesh or Uttar Pradesh or any members of the Board or the Executive Committee or any officer or employee of the Board for anything which is in good faith done or intended to be done under this Act or the rules or regulations.

(2) No suit or other legal proceedings shall lie against the
Board for any damage caused or likely to be caused by anything in good faith done or purported to be done under this Act or the rules or regulations and, in particular, it shall not be the responsibility of the Board to provide for relief measures necessitated by floods or by breaches and failure of works.

22.Power to make rules.

22. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the composition of, and the procedure to be followed, by the Executive Committee and all other matters relating to the Executive Committee under sub-sections
(2) and (5) of section 5;

(b) the powers and duties which may be exercised or discharged by the Chief Engineer of the Board, under clause (a) of sub-section (2) of section 7;

(c) the terms and conditions of service of the Chief
Engineer of, and the financial Adviser and the
Secretary to, the Board, under sub-section (4) of section 7;

(d) appointment of officers and employees of the Board, under sub-section (1) of section 8;

(e) the form in which and the time at which the budget and annual report of the board shall be prepared, under section 14, and sub-section (1) of section 15;

222.(f) the manner in which the accounts of the Board shall be maintained and audited, under section 16;

(g) the form and manner in which disputes may be referred under section 18 to the Central Government and the procedure to be followed by the Central Government for the settlement of such disputes.

23.Power to make regulations.

23. Power to make regulations. (1) The Board may, with the previous approval of the Central Government, by notification in the
Official Gazette, make regulations not inconsistent with this Act and the rules, for enabling it to discharge its functions under this Act.

(2) Without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

(a) the manner in which and the purposes for which the
Board may associate with itself any persons, under sub-
section (5) of section 4;

(b) the powers which may be exercised and the duties which may be discharged by the Chief Engineer of the Board, under sub-section (2) (b) of section 7;

(c) the terms and conditions of service of the officers
(other than the Chief Engineer of the Board, Financial
Adviser and Secretary to the Board) and other employees of the Board, under sub-section (2) of section 8.24.Rules and regulations to be laid before Parliament.

24. Rules and regulations to be laid before Parliament. Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive session and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both Houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

SCHE

DESCRIPTION OF RAJGHAT DAM

THE SCHEDULE

[See section 3(f)]

DESCRIPTION OF RAJGHAT DAM

The Dam is to be built across the Betwa river about one furlong upstream of Lalitpur Chanderi Causeway at Rajghat on the river Betwa, District, Lalitpur, of Uttar Pradesh. The Dam will comprise a masonry section in the river bed and earthen flanks on both sides. It will also include the earth dam to be constructed in the saddles on either side for creating a reservoir.

THE BHOPAL AND VINDHYA PRADESH (COURTS), ACT, 1950

ACT NO. 41 OF 1950 AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF 1* * * CO
URTS INBHOPAL AND V

[10th May, 1950.]

BE it enacted by Parliament as follows:-

CHAPTER IPRELIMINARY

 

1.Short title and extent.

1. Short title and extent. (1) This Act may be called the
Bhopal and Vindhya Pradesh (Courts) Act, 1950.

(2) It extends to 2* * * Bhopal and Vindhya Pradesh.

2.Definitions.

2. Definitions.In this Act, unless the context otherwise requires,-

3[(i) “Bhopal” means the territories which, immediately before the 1st November, 1956, were comprised in the Part C
State of Bhopal ;

(ii) ” Division ” means the Division of Bhopal or the
Division of Vindhya Pradesh, as the case may be ;]

(iii)” District Court ” means the Court of the District
Judge and includes the Court of an Additional District Judge
;

(iv) ” land suit ” means a suit for the establishment of title to land or for possession of land or in which any right or interest in land is claimed;

(v) ” small cause suit ” means a suit of the nature cognizable by a Court of Small Causes under the Provincial
Small Cause Courts Act, 1887; (9 of 1887)

4* * * *

(vii) “unclassed suit” means a suit which is neither a land suit nor a small cause suit.

———————————————————————-
1 The words “Judicial Commissioners Courts and other” omitted by the Adaptation of Laws (No. 2) Order, 1956.2 The words ” the States of ” omitted, ibid.

3 Subs., ibid., for cls. (i) and (ii).

4 Cl. (vi) omitted, ibid.

Amn. in Madhya Pradesh by Madhya Pradesh Act 19 of 1958.———————————————————————

100-102.(viii)” Vindhya Pradesh ” means the territories which., immediately before the 1st November, 1956, were comprised in the Part C State of Vindhya Pradesh.]

CHAPTER IICourt of the Judicial Commissioner

.

 

Rep. by the
Adaptation of Laws (No. 2) Order, 1956.

CHAPTER IIISUBORDINATE COURTS

 

14. Classes of Courts. In addition to 2* * * the Courts of
Small Causes established under the Provincial Small Cause Courts Act,
1887, (9 of 1887) and the Courts established under any other law for the time being in force, there shall be the following classes of Civil
Courts, namely:-

(i) the Court of the District Judge ;

(ii) the Court of a Subordinate Judge;

(iii)the Court of a Munsiff :

Provided that in the case of 3* * * Vindhya Pradesh, Courts of
Subordinate Judges shall be established only with effect from such date as the State Government may, by notification in the Official
Gazette, specify.

15.Civil districts and District Judges.

15. Civil districts and District Judges. (1) For the purposes of this Chapter the 4[State Government] may, by notification in the
Official Gazette, divide 2[Bhopal and Vindhya Pradesh] into civil districts and may alter the limits or the number of such districts and may determine the headquarters of each such district.

(2) The 4[State Government] shall, after consultation with the
6[High Court], appoint as many persons as it thinks necessary to be
District Judges and shall post one such person to each district as
District Judge of that district:

———————————————————————-
1 Ins. by the Adaptation of Laws (No. 2) Order, 1956.2 The words ” the Court of the Judicial Commissioner and ”
omitted, ibid.

3 The words ” the State of ” omitted, ibid.

4 Subs., ibid., for ” Chief Commissioner;

5 Subs.. ibid., for ” the State “.

6 Subs., ibid., for “Judicial Commissioner”.
———————————————————————-

103.Provided that the same person may, if the 1[State Government]
thinks fit, be appointed to be the District Judge of two or more districts.

16.Additional District Judges.

16.Additional Districts Judges.(1) When the business pending before the Court of a District Judge requires the aid of an Additional
Judge or Judges for its speedy disposal the 1[State Government] may, after consultation with the 2[High Court], appoint such Additional
District Judges as may be necessary.

(2)An Additional District Judge so appointed shall discharge any of the functions of a District Judge which the District Judge may assign to him, and in the discharge of his functions he shall exercise the same powers as the District Judge.

17.Munsiffs and Subordinate Judges.

17.Munsiffs and Subordinate Judges.(1) The 1[State Government]
may, after consultation with the 2[High Court], fix the number of
Subordinate Judges and Munsiffs to be appointed and, if there is a vacancy in that number, may, subject to the rules, if any, made under sub-section (2), appoint such person as is nominated by the 2[High
Court] to the vacancy.

(2)The 1[State Government] may, after consultation with the
2[High Court], make rules as to the qualifications of persons to be appointed as Subordinate Judges and Munsiffs.

18.District Court to be principal Civil court of original jurisdiction.

18.District Court to be principal Civil court of original jurisdiction. The Court of the District Judge shall be the principal
Civil Court of original jurisdiction in the district.

19.Original jurisdiction of District Courts.

19.Original jurisdiction of District Courts. Save as otherwise provided by any other law for the time being in force, the Court of the District Judge shall have original jurisdiction in civil suits without limit as regards the value.

20.Original jurisdiction of Subordinate Judges and Munsiffs.

20.Original jurisdiction of Subordinate Judges and Munsiffs.
The jurisdiction to be exercised in original civil suits as regards the value by any person appointed to be a Subordinate Judge or a
Munsiff shall be determined by the 1[State Government], after consultation with the 2[High Court], in such manner as it thinks fit.

———————————————————————-
1 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for ”
Chief Commissioner “.

2 Subs., ibid., for ” Judicial Commissioner”.
———————————————————————-

104.21.Local limits of jurisdiction of Munsiffs and Subordinate Judges.

21. Local limits of jurisdiction of Munsiffs and Subordinate
Judges. (1) The local limits of the jurisdiction of a Subordinate
Judge or a Munsiff shall be such as the 1[State Government] may, by notification in the Official Gazette, define.

(2) When the 1[State Government] posts a Subordinate Judge to a district, the local limits of the district shall, in the absence of any directions to the contrary, be the local limits of his jurisdiction.

22.Powers of the State Government to regulate the institution ofparticular class of suits.

22. Powers of the State Government to regulate the institution of particular class of suits. Notwithstanding anything contained in sections 18, 19, 20 and 21, the 1[State Government] may, by order published in the Official Gazette, direct that any particular class or classes of suits shall only be instituted in any particular Court or
Courts.

23.Honorary Subordinate Judges or Munsiffs.

23. Honorary Subordinate Judges or Munsiffs. (1) The 1[State
Government] may, after consultation with the 2[High Court], appoint any person to be an honorary Subordinate Judge or an honorary Munsiff and may confer on such Judge or Munsiff all or any of the powers conferrable under this Act on a Subordinate Judge or a Munsiff, as the case may be, with respect to any class of suits or withdraw or suspend the exercise of any powers so conferred.

(2) Any person on whom powers are conferred under sub-section
(1) shall be deemed for the purposes of this Act to be a Subordinate
Judge or a Munsiff, as the case may be.

24.Small Cause jurisdiction of Subordinate Judge or Munsiff.

24. Small Cause jurisdiction of Subordinate Judge or Munsiff.
The 1[State Government] may, by notification in the Official Gazette, confer within such local limits as it thinks fit on a Subordinate
Judge or a Munsiff the jurisdiction of a Judge of the Court of Small
Causes under the Provincial Small Cause Courts Act, 1887,(9 of 1887)
for the trial of small cause suits up to such value, not exceed ing five hundred rupees in the case of a Subordinate Judge of one hundred rupees in the case of a Munsiff as the 1[State Government] thinks fit, and may withdraw any jurisdiction so conferred.

25.Exercise by Subordinate Judges of jurisdiction of District Court incertain proceedings.

25. Exercise by Subordinate Judges of jurisdiction of District
Court in certain proceedings. (1) The 2[High Court] may, by general or special order authorise any Subordinate Judge to take cognizance of, and any District Judge to transfer to a Subordinate Judge under his

———————————————————————-
1 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for ”
Chief Commissioner “.

2 Subs., ibid., for “Judicial Commissioner”.
———————————————————————-

105.control, any proceeding or any class of proceeding, specified in such order, under-

(a) the Indian Succession Act, 1925;(39 of 1925); or

(b) the Guardians and Wards Act, 1890; (8 of 1890); or

(c) the Provincial Insolvency Act, 1920.(5 of 1920).

(2) The District Judge may withdraw any such proceeding taken cognizance of by, or transferred to, a Subordinate Judge under his control, and may either dispose of it himself or transfer it to any other competent Court.

(3) Proceedings taken cognizance of by, or transferred to, a
Subordinate Judge under this section shall be disposed of by him, subject to the rules applicable to like proceedings in the Court of the District Judge.

26.Place of sitting of Courts.

26. Place of sitting of Courts. (1) The 1[State Government] may by order fix the place of places at which any Court constituted under this Chapter is to be held.

(2) The place or places so fixed may be beyond the local limits of the jurisdiction of the Court.

(3) Save as otherwise provided by an order under this section, Court constituted under this Chapter may be held at any place within the local limits of its jurisdiction.

27.Control of Courts by District Judges.

27. Control of Courts by District Judges. Subject to the general superintendence and control of the 2[High Court], the District Judge shall have control over all the Civil Courts within the local limits of his jurisdiction.

28.Ministerial officers of Courts.

28. Ministerial officers of Courts. (1) The ministerial officers of the District Court shall be appointed by the District Judge.

(2) The ministerial officers of Civil Courts under the control of the District Judge shall be appointed by the District Judge.

(3) Every appointment under this section shall be subject to such rules as the 2[High Court], with the approval of the 1[State
Government], may make in this behalf.

29.Delegation of powers of District Judge and District Court.

29. Delegation of powers of District Judge and District Court.
The District Judge may, with the previous sanction of the 2[High
Court], delegate to the Judge of any Court under his control all or any of the powers conferred on the District Judge by section 27.———————————————————————-
1 Subs. by the Adaptation of Laws (No. 2) Order, 1956 for ” Chief
Commissioner “.

2 Subs., ibid., for “Judicial Commissioner”.

———————————————————————–

106.of this Act and on a District Court by section 24 of the Code of Civil
Procedure, 1908, (5 of 1908) to be exercised by such Judge in any specified portion of the district, subject to the control of the
District Judge.

CHAPTER IVAPPELLATE AND REVISIONAL JURISDICTION IN CIVIL CASES

 

30. Appeals from original decrees. Save as otherwise provided by any law for the time being in force, appeals from decrees of Courts exercising original jurisdiction shall lie as follows:-

(a) from a decree of a Munsiff in any suit and of a
Subordinate Judge in a suit the value of which does not exceed five thousand rupees, to the Court of the District
Judge, and

(b) in all other cases, to the 1[High Court] :

Provided that the 2[High Court] with the previous sanction of the
3[State Government] may, by notification in the Official Gazette direct that appeals lying to the Court of the District Judge from all or any of the decrees passed by a Munsiff in any unclassed suit the value of which does not exceed one hundred rupees shall be preferred to such Subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly, and the Court of such Subordinate Judge shall be deemed to be the Court of the District
Judge for the purposes of all appeals so preferred.

31.Appeals from appellate decrees.

31. Appeals from appellate decrees. (1) Save as otherwise provided by any law for the time being in force a second appeal shall lie to the 1[High Court] in any of the following cases from an appellate decree of a District Court on any ground which would be a good ground of appeal if the decree had been passed in an original suit, namely:-

(a) in a small cause suit or unclassed suit-

(i)if the value of the suit is one thousand rupees or upwards, or the decree involves directly some claim to, or question respecting property of like value and the decree of the District Court varies or reverses, otherwise than as to costs, the decree of the Court below, or

———————————————————————-
1 Subs. by the Adaptation of Laws (No. 2) Order, 1956 for “Court of the Judicial. Commissioner “.

2 Subs., ibid., for “Judicial Commissioner”.

3 Subs., ibid., for “Chief Commissioner”.
———————————————————————-

107.(ii)if the value of the suit is two thousand five hundred rupees or upwards, or the decree of the District Court involves directly some claim to, or question respecting, property of like value

(b) in a land suit-

(i)if the value of the suit is two hundred and fifty rupees or upwards or the decree involves directly some claim to, or question respecting, property of like value, and the decree of the District Court varies or reverses, otherwise than as to costs, the decree of the Court below, or

(ii)if the value of the suit is one thousand rupees or upwards, or the decree of the District Court involves directly some claim to, or question respecting, property of like value.

(2) The provisions of Order XLI of the Code of Civil Procedure,
1908 (5 of 1908) other than rule 34 of the said Order, shall apply, so far as may be, to a second appeal under this section and to the execution of a decree passed on any such appeal.

32.Finality of appellate decree of District Court.

32. Finality of appellate decree of District Court. Subject to the provisions of sections 31 and 34 an appellate decree of a District
Court shall be final,

33.Period of limitation.

33. Period of limitation. (1)The period of limitation for a second appeal under section. 31 shall be ninety days from the date of the decree appealed against.

(2) In computing such period and in all other respects not herein specified the period of limitation of the appeal shall be governed by the provisions of the Indian Limitation Act, 1908.(9 of 1908)

34.Revisional powers of the High Court.

34. Revisional powers of the High Court. (1) The 1[High Court]
may call for the record of any case which has been decided by a Civil
Court subordinate to it and in which no appeal lies to it, and

(a) if any Civil Court by which the case was decided appears to have exercised a jurisdiction not vested in it by law, or to have failed to exercise a jurisdiction so vested, or to have acted in the exercise of its jurisdiction with material irregularity, or

(b) if on an application made to it the 1[High Court] is of opinion that there is an important question of law or

———————————————————————-
1 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for ”
Court of the Judicial Commissioner”.
———————————————————————-

108.custom involved and that such question requires further consideration,

the 1[High Court] may make such order in the case as it thinks fit:

Provided that-

(i) no application under clause (b) shall be entertained after in respect of which the application is made unless the applicant satisfies the 1[High Court] that he had sufficient cause for not making the application within that period,

(ii) no such application shall be admitted in a small, cause suit under the value of one thousand rupees or in an unclassed suit under the value of two hundred rupees,

(iii)on any such application the 1[High Court] shall not revise the decision of the Court below except in so far as such decision involves a question of law or custom in respect of which the application has been admitted, and

(iv) when any such application has been admitted, the 1[High
Court] shall, subject to proviso (iii), treat the matter of the application, as if it were an appeal.

Explanation.-A question of procedure is not a question of law or custom within the meaning of clause (b).

(2) In computing the period of limitation mentioned in proviso
(i) to sub-section (1) and in all other respects not herein specified, the period of limitation of the application shall be governed by the provisions of the Indian Limitation Act, 1908.(9 of 1908)

(3) Section 115 of the Code of Civil Procedure, 1908, (5 of
1908) shall not apply to the 2[Divisions] of Bhopal or Vindhya
Pradesh.

35.Court-fees payable on revision.

35. Court-fees payable on revision. 3* * * *
* *

(2) If the 1[High Court], on an application in respect of which the fee payable 4[for the exercise of its jurisdiction under section
34] has been paid, sets aside or modifies a decree or order of the
Court below or remands the case for a fresh decision, the 1[High
Court] may grant to the applicant a certificate authorizing him to receive back from the Collector of the district in which such Court

———————————————————————-
1 Subs . by the Adaptation of Laws (No. 2) Order, 1956, for
“Court of the Judicial Commissioner “.

2 Subs., ibid., for ” States”.

3 Sub-section (1) omitted, ibid.

4 Subs., ibid., for “under sub-section (1)”.
———————————————————————–

109.is situated the full amount of such fee or such part thereof as the
1[High Court], having regard to the circumstances of the case, may think fit.
CHAPTER VMISCELLANEOUS

 

36. Temporary vacancies in office of District Judge. In the event of the death of a District Judge or of his being prevented from performing his duties by illness or other cause or of his absence from the civil district on leave, the Additional District Judge, if any, in the district or if there are more than one the first in rank among them or where there is no Additional District Judge the first in rank of the Subordinate Judges, if any, -shall assume charge of the
District Court, without interruption to his ordinary duties, and while so in charge, shall perform the duties of a District Judge with respect to the filing of suits and appeals, receiving pleadings, execution of processes, return of writs and the like, and shall be designated as the Additional District Judge, or the Subordinate Judge, as the case may be, in charge of the District and shall continue in such charge until the office of the District Judge has been resumed, or assumed by an officer duly appointed thereto.

37.Delegation of powers of District Judge.

37. Delegation of powers of District Judge. Any District Judge leaving the headquarters and proceeding on duty to any place within his district may delegate to an Additional District Judge, or where there is no such Additional District Judge, to a Subordinate Judge at the headquarters, the power of performing such duties, specified in section 36 as may be emergent, and such officer shall be designated as the Additional District Judge or the Subordinate Judge, as the case may be, in charge of the headquarters.

38.Temporary vacany in office of Subordinate Judge.

38. Temporary vacancy in office of Subordinate Judge. In the event of the death, suspension or temporary absence of any Subordinate
Judge or a Munsiff, the District Judge may empower the Judge of any subordinate Court or the Court of a Munsiff of the same civil district to perform the duties of the Judge of the vacated subordinate Court or the Court of the Munsiff, as the case may be, either at the place of such Court or of his own Court ; but in every such case the registers and records of the two Courts shall be kept distinct.

———————————————————————
1 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for ”
Court of the Judicial Commissioner “.
———————————————————————-

110.39.Continuance of powers of officers.

39. Continuance of powers of officers. Where any person holding an office in the service of the State Government who has been invested with any powers under this Act throughout any local area is transferred or posted to an equal or higher office of the same nature within a like local area, he shall, unless the 1[State Government]
otherwise directs, or has otherwise directed, exercise the same powers in the local area to which he is so transferred or posted.

40.

Vacations.

40. Vacations.(1) Subject to the approval of the 1[State
Government], the 2[High Court] shall prepare a list of days to be observed in each year as closed holidays in the 3[High Court] and the
Civil Courts subordinate to that Court.

(2) The list shall be published in the Official Gazette.

(3) Any judicial act done by a Civil Court on a day specified in the list shall not be, invalid by reason only of its having been done on that day.

41.Power to make rules.

41. Power to make rules. The 3[High Court] may, from time to time, make rules consistent with this Act and any other law for the time being in force-

(a) for the supervision of all Courts subordinate to the
3[High Court] and their inspection ;

(b) for the translation of any papers filed in the 3[High
Court] and the preparation of paper books for the hearing of appeals and the copying, typing or printing of any such papers or translations and the recovery from the persons at whose instance or on whose behalf papers are filed, of the expenses thereby incurred ;

(c) the fees to be charged for processes issued by Civil courts, or by any officer of any such Court and the fee payable in any suit or proceeding in any such Court by any party to such suit or proceeding in respect of the fees of the pleader of any other party to such suit or proceedings ;

(d) the manner in which proceedings of Civil Courts shall be kept and recorded, the manner in which paper books for the hearing of appeals shall be prepared and the granting of copies;

———————————————————————-

1 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for ”
Chief Commissioner “.

2 Subs., ibid., for “Judicial commissioner”.

3Subs., ibid., for ” Court of the Judicial Commissioner”.

———————————————————————–

111.(e) all matters relating to officers of Court;

(f) declaring what persons shall be permitted to act as petition writers in the Courts subordinate thereto;

(g) regulating the issue of licences to such persons, the conduct of business by them and the scale of fees to be charged by them ; and

(h) determining the authority by which breaches of such rules shall be investigated and the penalties which may be imposed.

42.Abolition of certain Courts.

1 42. Abolition of certain Courts. All Civil Courts, other than the Court of the Judicial Commissioner, which are in existence in the State of Vindhya Pradesh at the commencement of this Act
(hereinafter referred to as ” the existing Civil Courts “), are hereby abolished.

43.Existing rights not affected.

43. Existing rights not affected. (1) The abolition of any existing Civil Court under section 42 shall not prejudicially affect.
the continued operation of any notice served, injunction issued, direction made or proceeding taken before the commencement of this Act by such Civil Court under the powers then conferred upon it.

(2) Every appeal, suit or other proceeding pending before any of the existing Civil Courts immediately before the commencement of this
Act shall, on such commencement, stand transferred to the Court exercising the jurisdiction under this Act which corresponds, so far as may be, to the jurisdiction of the Court in which the proceeding was pending, and the Court to which the proceeding so stands transferred shall proceed to try, hear and determine the matter as if it had been pending in that Court.

(3) Every decree or order made or sentence passed by any of the existing Civil Courts shall be deemed for the purposes of execution to have been made or passed by the corresponding Court established under this Act.

Explanation.-In this sub-section, the expression ” corresponding
Court ” means the Court in which the case or proceeding in which the decree or order was made or sentence was passed would have lain, if the case or proceeding had been instituted after the commencement of this Act.

(4) Where any existing Civil Court has by reason of its abolition under section 42 ceased to have jurisdiction with respect to any suit or

———————————————————————-
1 Section 42 shall stand unmodified vide Adaptation of Laws (No.
2) Order, 1956.———————————————————————-

112.proceeding, any proceeding in relation to that suit or proceeding which if that Court had not ceased to have jurisdiction might have been had therein may be had in the Court to which the business of the former Court has been transferred under this section.

44.Repeals and savings.

44. Repeals and savings.The Vindhya Pradesh (Judicial
Commissioners Court) Ordinance, 1950 (10 of 1950)and the Bhopal
(Courts) Ordinance, 1950 (11 of 1950)are hereby repealed:

Provided that the repeal by this Act of any of the Ordinances aforesaid shall not affect-

(a) the previous operation thereof ; or

(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Ordinance so repealed; or

(c) any investigation, legal proceeding or remedy in respect of any such punishment,

and any such investigation, legal proceeding or remedy may be insti-
tuted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed:

Provided further that, subject to the provisions of the preceding proviso, anything done or any action taken, including any appointment or delegation made, notification, instruction or direction issued, or any rule, regulation or form issued or framed under any Ordinance hereby repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.