THE SONTHAL PARGANAS ACT, 1855

0
255

An Act to remove from the operation of the general Laws and
Regulations certain districts inhabited by Sonthals and others, and to place the same under the superintendence of an officer to be specially appointed for that purpose.

Preamble.–WHEREAS the general Regulations and Acts of Government now in force in the Presidency of Bengal are not adapted to the uncivilized race of people called Sonthals, and it is therefore expedient to remove from the operation of such laws the district called the Damin-i-Koh, and other districts which are inhabited principally by that tribe; it is enacted as follows:–

1.Superintendence of districts.

1. Districts removed from operation of general Regulations.–2.*Clause 1.-The districts described in the Schedule to this Act are hereby removed from the operation of the general Regulations of the
Bengal Code and of the laws passed by the Governor-General of India in
Council, except so far as is hereinafter provided; and 3*[no
Central Act passed before the commencement of Part III of the
Government of India Act, 1935 (26 Geo. 5, c-2),] shall be deemed to extend to any part of the said districts, unless the same shall be specially named therein:

Proviso.–Provided that nothing herein contained shall 4*
remove any part of the said districts from the operation of 5*
Regulation 10 of 1804 of the Bengal Code; nor shall this Act affect any revenue-settlement, nor any law relating to the recovery of permanently-settled land-revenue due under the same, nor any law relating to the sale of lands for arrears of revenue, or relating to patni taluks or to the sale thereof for arrears of rent, nor any law relating to mutations or batwara or to any other matter to which the
State Government shall at any time notify in the 6*[Official
Gazette] that the general Laws and Regulations shall extend.

Superintendence of districts.–Clause 2.–The said districts shall be placed under the superintendence and jurisdiction of an officer or officers 7* to be appointed in that behalf by the State
Government and such officer or officers shall be subject to the directions 8* and control of the State Government.

2.Collection of permanently-settled land-revenue.

2. Administration of justice and collection of revenue.–The administration of civil and criminal justice and the collection of the revenue, not being permanently-settled land-revenue within the said district, and hereby vested in the officer or officers to be so appointed:
———————————————————————-
1. Short title given by the Amending Act, 1903 (1 of 1903), Sch. I.

This Act extends only to the Sonthal Parganas, as described in the Schedule

2. Cl. 1 of s. 1 appears to have been superseded by the Sonthal
Parganas Settlement Regulation, 1872 (3 of 1872), s. 3.3. Subs. by the A.O. 1937 for “no law which shall hereafter be passed by the Governor-General of India in Council”.

4. The words “extended to or affect any case now pending in any
Court, nor,” rep. by Act 12 of 1891.5. The Bengal State-offences Regualtion, 1804, was rep. by the
Special Laws Repeal Act, 1922 (4 fo 1922).

6. Subs. by the A.O. 1937, for “Calcutta Gazette”.

7. For provisions as to Courts of officers appointed under this section, see the Sonthal parganas Justisce Regulation, 1893 (5 of
1893), Ch. III, Part II.

Any directions issued under cl.2 of s.1 must be consistent with enactments in force in the Sonthal Paraganas, See Regulation 5 of
1893, s.27.43.Suits exceeding value of one thousand rupees.–1* Provided that all civil suits in which the matter in dispute shall exceed the value of one thousand rupees shall be tried and determined according to the general laws and Regulations in the same manner as if this Act had not been passed:

Collection of permanently-settled land-revenue.–Provided also that all permanently-settled land-revenue shall be collected and paid at the same places and in the same manner as if this Act had not been passed.

3.Administration of civil and criminal justice.

3. Administration of civil and criminal justice.–In the administration of civil and criminal justice the officer or officers appointed under this Act 2* may hold his or their Courts either within the said district or at any place or places that may be appointed for that purpose by the State Government; and any person liable to be imprisoned in any civil or criminal jail may be imprisoned in any civil or criminal jail, as the case may be, which the State Government may order, whether the same be in or out of the said district.

4.
4. [Decisions final; confirmation of death-sentence; appeal;
procedure on references to Sadar Court.] Rep. by the Sonthal Parganas
Justice Regulation, 1893 (5 of 1893).

5.
5. [Saving of laws relating to European British subjects.] Rep., ibid.

6.
6. [Commencement of Act.] Rep. by the Repealing Act, 1870 (14 of
1870).

SCHE

The Damin-i-koh

3* SCHEDULE

The Damin-i-koh

So much of Pargana Bhagalpur and of Pargana Satiyari as lies east of the Gerua Nad and south of a line drawn eastward from Hamza Chak to the village of Dighi.

Zila Bhagalpur-
Pargana Tilliyagarhi.
,, Jamuni.
,, Chituliya.
,, Kankjaul.
,, Bahadarpur.
,, Akbarnagar.
,, Inayatnagar. Except such parts of them as are now or may her-
,, Makrain. eafter be situate on the left bank of the main
,, Sultanganj. stream of the Ganges, so that in any change in
,, Ambar. the course of the river the main steam shall be
,, Sultanabad. the boundary.
,, Godda.
,, Amolmotiya.
,, Pasai.
,, Handwa.
Tappa Manihari.
,, Belpatta.
———————————————————————-
1. With reference to this proviso, see the Sonthal Parganas
Settlement Regulation, 1872 (3 of 1872), s. 3 (2), and Regulation
5 of 1893, s.15.2 The words “shall be guided by the spirit and principle of the
Civil and Criminal Laws administered in the Courts of the East
India Company in the Presidency of Bengal, but shall not be bound to take the fatwa of a Law officer; and he or they,” rep. by
Regulation of 5 of 1893.3. Sub. by Act 10 of 1857, for the original Sch,

44.Pargana Pabbiya.
Tappa Sarath Deogarh.
,, Kandit Karaiya.
,, Muhammadabad. Except such detached villages as lie within
Such part of Pargana the general boundaries of parganas not men-
Darin Mauleshwar as tioned in this schedule.
lies north of the Chilla or Chandan Ghat Nala.

Such detached portions of other parganas and tappas as lie within the general boundaries of any of the above-mentioned parganas and tappas.

Such portions of parganas belonging to Malda and Purnea below the village of Khidirpur in Pargana Tiliyagarhi, as are now or may hereafter by situate on the right bank of the main stream of the
Ganges.

45.1.Districts removed from operation of general Regulations.

1. Districts removed from operation of general Regulations. 2*
Clause 1.–The districts described in the Schedule to this Act are hereby removed from the operation of the general Regulations of the
Bengal Code and of the laws passed by the Governor-General of India in
Council, except so far as is hereinafter provided; and 3*[no Central
Act passed before the commencement of Part III of the Government of
India Act, 1935,] (26 Geo. 5, c.2.) shall be deemed to extend to any part of the said districts, unless the same shall be specially named therein:

Proviso.

Provided that nothing herein contained shall 4* remove any part of the said districts from the operation of 5*Regulation 10 of 1804 of the Bengal Code; nor shall this Act affect any revenue-settlement, nor any law relating to the recovery of permanently-settled land-revenue due under the same, nor any law relating to the sale of lands for arrears of revenue, or relating to patni taluks or to the sale thereof for arrears of rent, nor any law relating to mutations or batwara or to any other matter to which the State Government shall at any time notify in the 6*[Official Gazette] that the general Laws and
Regulations shall extend.
———————————————————————
1. Short title given by the Amending Act, 1903 (1 of 1903), Sch. I.
This Act extends only to the Sonthal Parganas, as described in the
Schedule.
2. Cl. 1 of s. 1 appears to have been superseded by the Sonthal
Parganas Settlement Regulation, 1872 (3 of 1872), s. 3.3. Subs. by the A. O. 1937, for “no law which shall hereafter be passed by the Governor-General of India in Council”.
4. The words “extend to or affect any case now pending in any Court, nor,” rep. by Act 12 of 1891.5. The Bengal State-Offences Regulation, 1804, was rep. by the
Special Laws Repeal Act, 1922 (4 of 1922).
6. Subs. by the A. O. 1937, for “Calcutta Gazette”.

4.Superintendence of districts.

Clause 2.–The said districts shall be placed under the superintendence and jurisdiction of an officer or officers 1* to be appointed in that behalf by the State Government and such officer or officers shall be subject to the directions 2* and control of the
State Government.

2.Administration of justice and collection of revenue.

2. Administration of justice and collection of revenue. The administration of civil and criminal justice and the collection of the revenue, not being permanently-settled land-revenue within the said districts, are hereby vested in the officer or officers to be so appointed:

Suits exceeding value of one thousand rupees.

3* Provided that all civil suits in which the matter in dispute shall exceed the value of one thousand rupees shall be tried and determined according to the general laws and Regulations in the same manner as if this Act had not been passed:

Collection of permanently-settled land-revenue.

Provided also that all permanently-settled land-revenue shall be collected and paid at the same places and in the same manner as if this Act had not been passed.

3.Administration of civil and criminal justice.

3. Administration of civil and criminal justice. In the administration of civil and criminal justice the officer or officers appointed under this Act 4*** may hold his or their Courts either within the said district or at any place or places that may be appointed for that purpose by the State Government; and any person liable to be imprisoned in any civil or criminal jail may be imprisoned in any civil or criminal jail, as the case may be, which the State Government may order, whether the same be in or out of the said district.

4.Decisions final; confirmation of death-sentence; appeal; procedure onreferences to Sadar Court.

4. [Decisions final; confirmation of death-sentence; appeal;
procdure on references to Sadar Court.] Rep. by the Sonthal Parganas
Justice Regulation, 1893 (5 of 1893).

5.Saving of laws relating to European British subjects.

5. [Saving of laws relating to European British subjects.] Rep., ibid.
———————————————————————
1. For provisions as to Courts of officers appointed under this section, see the Sonthal Parganas Justice Regulation, 1893 (5 of
1893), Ch. III, Part II.
2. Any directions issued under cl. 2 of s. 1 must be consistent with enactments in force in the Sonthal Parganas, see Regulation 5 of 1893, s. 27.3. With reference to this proviso, see the Sonthal Parganas
Settlement Regulation, 1872 (3 of 1872), s. 3 (2), and Regulation 5.of 1893, s. 15.4. The words “shall be guided by the spirit and principle of the
Civil and Criminal Laws adminstered in the Courts of the East India
Company in the Presidency of Bengal, but shall not be bound to take the fatwa of a Law-officer; and he or they,” rep. by Regulation 5 of
1893.5.6.Commencement of Act.

6. [Commencement of Act.] Rep. by the Repealing Act, 1870 (14 of
1870).

SCHE

The Damin-i-Koh.

The Damin-i-Koh.

So much of Pargana Bhagalpur and of pargana Satiyari as lies east of the Gerua Nadi and south of a line drawn eastward from hamza chak to the village of Dighi.

ZILA BHAGALPUR

Pargana Tiliyagarhi. Except such parts of them as are
,, Jamuni. now or may hereafter be situate
,, Chituliya. on the left bank of the main
,, Kankjaul. stream of the Ganges, so that in
,, Bahadarpur. the course of the river the main
,, Akbarnagar. stream shall be the boundary.
,, Inayatnagar.
,, Makrain.
,, Sultanganj.
,, Ambar.
,, Sultanabad.
,, Godda.
,, Amolmotiya.
,, Pasai.
,, Handwa.
Tappa Manihari.
,, Belpatta.
Pargana Pabbiya.
Except such detached villages
ZILA BIRBHUM as lie within the general
Tappa Sarath Deogarh. boundaries of parganas not
,, Kandit Karaiya. mentioned in this schedule.
,, Muhammadabad.
Such part of pargana
Darin Mauleshwar as lies north of the Chilla or Chandan Ghat Nala.

Such detached portions of other parganas and tappas as lie within the general boundaries of any of the above-mentioned parganas and tappas.

Such portions of parganas belonging to Malda and Purnea below the village of Khidirpur in Pargana Tiliyagarhi, as are now or may hereafter be situate on the right bank of the main stream of the
Ganges.
———————————————————————
1. Subs. by Act 10 of 1857, for the original Sch.

1*[THE SONTHAL PARGANAS ACT, 1855]
#
ACT NO. 37 OF 1855.
[22nd December, 1855.]
+

An Act to remove from the operation of the general Laws and
Regulations certain districts inhabited by Sonthals and others, and to place the same under the superintendence of an officer to be specially appointed for that purpose.

Preamble.–WHEREAS the general Regulations and Acts of Government now in force in the Presidency of Bengal are not adapted to the uncivilized race of people called Sonthals, and it is therefore expedient to remove from the operation of such laws the district called the Damin-i-Koh, and other districts which are inhabited principally by that tribe; it is enacted as follows:–

1.Superintendence of districts.

1. Districts removed from operation of general Regulations.–2.*Clause 1.-The districts described in the Schedule to this Act are hereby removed from the operation of the general Regulations of the
Bengal Code and of the laws passed by the Governor-General of India in
Council, except so far as is hereinafter provided; and 3*[no
Central Act passed before the commencement of Part III of the
Government of India Act, 1935 (26 Geo. 5, c-2),] shall be deemed to extend to any part of the said districts, unless the same shall be specially named therein:

Proviso.–Provided that nothing herein contained shall 4*
remove any part of the said districts from the operation of 5*
Regulation 10 of 1804 of the Bengal Code; nor shall this Act affect any revenue-settlement, nor any law relating to the recovery of permanently-settled land-revenue due under the same, nor any law relating to the sale of lands for arrears of revenue, or relating to patni taluks or to the sale thereof for arrears of rent, nor any law relating to mutations or batwara or to any other matter to which the
State Government shall at any time notify in the 6*[Official
Gazette] that the general Laws and Regulations shall extend.

Superintendence of districts.–Clause 2.–The said districts shall be placed under the superintendence and jurisdiction of an officer or officers 7* to be appointed in that behalf by the State
Government and such officer or officers shall be subject to the directions 8* and control of the State Government.

2.Collection of permanently-settled land-revenue.

2. Administration of justice and collection of revenue.–The administration of civil and criminal justice and the collection of the revenue, not being permanently-settled land-revenue within the said district, and hereby vested in the officer or officers to be so appointed:
———————————————————————-
1. Short title given by the Amending Act, 1903 (1 of 1903), Sch. I.

This Act extends only to the Sonthal Parganas, as described in the Schedule

2. Cl. 1 of s. 1 appears to have been superseded by the Sonthal
Parganas Settlement Regulation, 1872 (3 of 1872), s. 3.3. Subs. by the A.O. 1937 for “no law which shall hereafter be passed by the Governor-General of India in Council”.

4. The words “extended to or affect any case now pending in any
Court, nor,” rep. by Act 12 of 1891.5. The Bengal State-offences Regualtion, 1804, was rep. by the
Special Laws Repeal Act, 1922 (4 fo 1922).

6. Subs. by the A.O. 1937, for “Calcutta Gazette”.

7. For provisions as to Courts of officers appointed under this section, see the Sonthal parganas Justisce Regulation, 1893 (5 of
1893), Ch. III, Part II.

Any directions issued under cl.2 of s.1 must be consistent with enactments in force in the Sonthal Paraganas, See Regulation 5 of
1893, s.27.43.Suits exceeding value of one thousand rupees.–1* Provided that all civil suits in which the matter in dispute shall exceed the value of one thousand rupees shall be tried and determined according to the general laws and Regulations in the same manner as if this Act had not been passed:

Collection of permanently-settled land-revenue.–Provided also that all permanently-settled land-revenue shall be collected and paid at the same places and in the same manner as if this Act had not been passed.

3.Administration of civil and criminal justice.

3. Administration of civil and criminal justice.–In the administration of civil and criminal justice the officer or officers appointed under this Act 2* may hold his or their Courts either within the said district or at any place or places that may be appointed for that purpose by the State Government; and any person liable to be imprisoned in any civil or criminal jail may be imprisoned in any civil or criminal jail, as the case may be, which the State Government may order, whether the same be in or out of the said district.

4.
4. [Decisions final; confirmation of death-sentence; appeal;
procedure on references to Sadar Court.] Rep. by the Sonthal Parganas
Justice Regulation, 1893 (5 of 1893).

5.
5. [Saving of laws relating to European British subjects.] Rep., ibid.

6.
6. [Commencement of Act.] Rep. by the Repealing Act, 1870 (14 of
1870).

SCHE

The Damin-i-koh

3* SCHEDULE

The Damin-i-koh

So much of Pargana Bhagalpur and of Pargana Satiyari as lies east of the Gerua Nad and south of a line drawn eastward from Hamza Chak to the village of Dighi.

Zila Bhagalpur-
Pargana Tilliyagarhi.
,, Jamuni.
,, Chituliya.
,, Kankjaul.
,, Bahadarpur.
,, Akbarnagar.
,, Inayatnagar. Except such parts of them as are now or may her-
,, Makrain. eafter be situate on the left bank of the main
,, Sultanganj. stream of the Ganges, so that in any change in
,, Ambar. the course of the river the main steam shall be
,, Sultanabad. the boundary.
,, Godda.
,, Amolmotiya.
,, Pasai.
,, Handwa.
Tappa Manihari.
,, Belpatta.
———————————————————————-
1. With reference to this proviso, see the Sonthal Parganas
Settlement Regulation, 1872 (3 of 1872), s. 3 (2), and Regulation
5 of 1893, s.15.2 The words “shall be guided by the spirit and principle of the
Civil and Criminal Laws administered in the Courts of the East
India Company in the Presidency of Bengal, but shall not be bound to take the fatwa of a Law officer; and he or they,” rep. by
Regulation of 5 of 1893.3. Sub. by Act 10 of 1857, for the original Sch,

44.Pargana Pabbiya.
Tappa Sarath Deogarh.
,, Kandit Karaiya.
,, Muhammadabad. Except such detached villages as lie within
Such part of Pargana the general boundaries of parganas not men-
Darin Mauleshwar as tioned in this schedule.
lies north of the Chilla or Chandan Ghat Nala.

Such detached portions of other parganas and tappas as lie within the general boundaries of any of the above-mentioned parganas and tappas.

Such portions of parganas belonging to Malda and Purnea below the village of Khidirpur in Pargana Tiliyagarhi, as are now or may hereafter by situate on the right bank of the main stream of the
Ganges.

45.1.Districts removed from operation of general Regulations.

1. Districts removed from operation of general Regulations. 2*
Clause 1.–The districts described in the Schedule to this Act are hereby removed from the operation of the general Regulations of the
Bengal Code and of the laws passed by the Governor-General of India in
Council, except so far as is hereinafter provided; and 3*[no Central
Act passed before the commencement of Part III of the Government of
India Act, 1935,] (26 Geo. 5, c.2.) shall be deemed to extend to any part of the said districts, unless the same shall be specially named therein:

Proviso.

Provided that nothing herein contained shall 4* remove any part of the said districts from the operation of 5*Regulation 10 of 1804 of the Bengal Code; nor shall this Act affect any revenue-settlement, nor any law relating to the recovery of permanently-settled land-revenue due under the same, nor any law relating to the sale of lands for arrears of revenue, or relating to patni taluks or to the sale thereof for arrears of rent, nor any law relating to mutations or batwara or to any other matter to which the State Government shall at any time notify in the 6*[Official Gazette] that the general Laws and
Regulations shall extend.
———————————————————————
1. Short title given by the Amending Act, 1903 (1 of 1903), Sch. I.
This Act extends only to the Sonthal Parganas, as described in the
Schedule.
2. Cl. 1 of s. 1 appears to have been superseded by the Sonthal
Parganas Settlement Regulation, 1872 (3 of 1872), s. 3.3. Subs. by the A. O. 1937, for “no law which shall hereafter be passed by the Governor-General of India in Council”.
4. The words “extend to or affect any case now pending in any Court, nor,” rep. by Act 12 of 1891.5. The Bengal State-Offences Regulation, 1804, was rep. by the
Special Laws Repeal Act, 1922 (4 of 1922).
6. Subs. by the A. O. 1937, for “Calcutta Gazette”.

4.Superintendence of districts.

Clause 2.–The said districts shall be placed under the superintendence and jurisdiction of an officer or officers 1* to be appointed in that behalf by the State Government and such officer or officers shall be subject to the directions 2* and control of the
State Government.

2.Administration of justice and collection of revenue.

2. Administration of justice and collection of revenue. The administration of civil and criminal justice and the collection of the revenue, not being permanently-settled land-revenue within the said districts, are hereby vested in the officer or officers to be so appointed:

Suits exceeding value of one thousand rupees.

3* Provided that all civil suits in which the matter in dispute shall exceed the value of one thousand rupees shall be tried and determined according to the general laws and Regulations in the same manner as if this Act had not been passed:

Collection of permanently-settled land-revenue.

Provided also that all permanently-settled land-revenue shall be collected and paid at the same places and in the same manner as if this Act had not been passed.

3.Administration of civil and criminal justice.

3. Administration of civil and criminal justice. In the administration of civil and criminal justice the officer or officers appointed under this Act 4*** may hold his or their Courts either within the said district or at any place or places that may be appointed for that purpose by the State Government; and any person liable to be imprisoned in any civil or criminal jail may be imprisoned in any civil or criminal jail, as the case may be, which the State Government may order, whether the same be in or out of the said district.

4.Decisions final; confirmation of death-sentence; appeal; procedure onreferences to Sadar Court.

4. [Decisions final; confirmation of death-sentence; appeal;
procdure on references to Sadar Court.] Rep. by the Sonthal Parganas
Justice Regulation, 1893 (5 of 1893).

5.Saving of laws relating to European British subjects.

5. [Saving of laws relating to European British subjects.] Rep., ibid.
———————————————————————
1. For provisions as to Courts of officers appointed under this section, see the Sonthal Parganas Justice Regulation, 1893 (5 of
1893), Ch. III, Part II.
2. Any directions issued under cl. 2 of s. 1 must be consistent with enactments in force in the Sonthal Parganas, see Regulation 5 of 1893, s. 27.3. With reference to this proviso, see the Sonthal Parganas
Settlement Regulation, 1872 (3 of 1872), s. 3 (2), and Regulation 5.of 1893, s. 15.4. The words “shall be guided by the spirit and principle of the
Civil and Criminal Laws adminstered in the Courts of the East India
Company in the Presidency of Bengal, but shall not be bound to take the fatwa of a Law-officer; and he or they,” rep. by Regulation 5 of
1893.5.6.Commencement of Act.

6. [Commencement of Act.] Rep. by the Repealing Act, 1870 (14 of
1870).

SCHE

The Damin-i-Koh.

The Damin-i-Koh.

So much of Pargana Bhagalpur and of pargana Satiyari as lies east of the Gerua Nadi and south of a line drawn eastward from hamza chak to the village of Dighi.

ZILA BHAGALPUR

Pargana Tiliyagarhi. Except such parts of them as are
,, Jamuni. now or may hereafter be situate
,, Chituliya. on the left bank of the main
,, Kankjaul. stream of the Ganges, so that in
,, Bahadarpur. the course of the river the main
,, Akbarnagar. stream shall be the boundary.
,, Inayatnagar.
,, Makrain.
,, Sultanganj.
,, Ambar.
,, Sultanabad.
,, Godda.
,, Amolmotiya.
,, Pasai.
,, Handwa.
Tappa Manihari.
,, Belpatta.
Pargana Pabbiya.
Except such detached villages
ZILA BIRBHUM as lie within the general
Tappa Sarath Deogarh. boundaries of parganas not
,, Kandit Karaiya. mentioned in this schedule.
,, Muhammadabad.
Such part of pargana
Darin Mauleshwar as lies north of the Chilla or Chandan Ghat Nala.

Such detached portions of other parganas and tappas as lie within the general boundaries of any of the above-mentioned parganas and tappas.

Such portions of parganas belonging to Malda and Purnea below the village of Khidirpur in Pargana Tiliyagarhi, as are now or may hereafter be situate on the right bank of the main stream of the
Ganges.
———————————————————————
1. Subs. by Act 10 of 1857, for the original Sch.