THE AMENDING ACT, 1897

ACT No. V of 1897

( For Statement of Objects and Reasons, see Gazette. of India, 1897 Pt. V, p. 50, and for Proceedings in Council, see ibid., 1897, pp. 41 and 44**)**

[25th February, 1897]

An Act ( The words "to repeal certain obsolete enactments and" rep. by the Amending Act, 1903 (1 of 1903), s. 4 and Sch. III.)* * * to amend and facilitate the citation of certain ( The word "other" rep., ibid.)* enactments

( The first recital of the preamble was rep., ibid.) * * * * *

( The word "And" rep., ibid.) * WHEREAS it is ( The word "also" rep. ibid.)* expedient that certain formal amendments should be made in the enactments specified in the second schedule to this Act;

And whereas it is also expedient to facilitate the citation of the enactments specified in the third schedule to this Act;

It is hereby enacted as follows:‑

1. Title. ‑(1) This Act may be called the ( The words "Repealing and" rep. by the Amending Act, 1903 (1 of 1903), s. 4 and Sch. III.) * * Amending Act, 1897; ( The word "and" at the end of sub‑section (1), and sub‑section (2), rep. by the Repealing and Amending Act, 1914 (10 of 1914), s. 3 and Seh. II.)*

( The word "and" at the end of sub‑section (1), and sub‑section (2), rep. by the Repealing and Amending Act, 1914 (10 of 1914), s. 3 and Seh. II.) * * * * * *

  1. [Enactments amended.] Rep. partly by the Amending Act, 1903 (I of 1903), s. 4 and Schedule III and partly by the Re pealing Act, 1938 (I of 1938), s. 2 and Schedule.

  2. [Savings.] Rep. by the Amending Act, 1903 (I of 1903), s. 4 and Schedule III.

4. Citation of certain enactment. Each of the enactments described in the first three columns of the third schedule may, without prejudice to any other mode of citation, be cited for all purposes by the short title mentioned in that behalf in the fourth column thereof.

THE FIRST SCHEDULE

[Rep. by the Amending Act, 1903 (I of 1903), s. 4 and Schedule III.]

THE SECOND SCHEDULE

[Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Schedule.]

THE THIRD SCHEDULE

|------|-----|---------|-------------| | 1 | 2 | 3 | 4 | | Year | No. | Subject | Short title |

Part I‑Local Acts of the Governor General in Council in force in Assam. ‑

|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------| | 1850 | XXV | For the forfeiture to Government of deposits made on incomplete sales of land under Regulation VIII, 1819. | The Forfeited Depo sits Act, 1850. | | ( The entries relating to Act 33 of 1850, rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and Sch.) | * | * | * | | 1853 | VI | Relating to summary suits for arrears of rent, to sales of patnitaluqas and other saleable tenures, and to sales of land in satisfaction of summary decrees for rent. | The Rent Recovery Act, 1853. | | 1853 | XIX | To amend the law of evidence in the Civil Courts of the East India Company in the Bengal Presi dency. | The Recusant Wit nesses Act, 1853. | | 1856 | XII | To amend the law respecting the employment of Amins by the Civil Courts in the Presidency of Fort William. | The Civil Courts Amins Act, 1856. | | 1867 | III | To provide for the punishment of public gambling and the keeping of common gaming‑houses in the North‑Western Provinces of the Presidency of Fort William, and in the Punjab, Oudh, the Central Provinces and British Burma. | The Public Gambling Act, 1867. | | ( The entries relating to Act 19 of 1871, rep., ibid.) | * | * | * | | ( The entries relating to the Assam Chief Commissionership Act, 1874 (8 of 1874), rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951). s. 3 and II Sch.) | * | * | * | | 1874 | XII | To provide for the exercise, in Sylhet, of the powers of the Lieutenant‑Governor and Board of Revenue in Bengal. | The Sylhet Act, 1874 | | 1886 | III | To amend the Northern India Ferries Act, 1878. | The Northern India Ferries Act Amend ment Act, 1886. | | 1892 | IV | To amend the Bengal Court of Wards Act, 1879 [Act IX (B. C.) of 1879]. | The Court of Wards Act (Bengal) Amendment Act, 1892. |

Part II‑Regulation made under the Government of India Act, 1870 (33 Vict., c. 3).

( The entries relating to the Assam Frontier Tract Regulation, 1884 (Reg. III of 1884), rep. by the Federal Laws (Revision and Declaration) Act, 1951(26 of 1951), s. 3 and II Sch.)

Part III.‑Regulations of the Bengal Code in force in Assam

|-----------------------------------------------------------------------------------------------------------------------------------------------------|---------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------| | 1793 | I | For enacting into a Regulation certain Articles of a Proclamation bearing date the 22nd March, 1793. | The Bengal Perma nent Settlement Regulation, 1793. | | 1793 | II | For abolishing the Courts of Mal Adalat or Revenue Courts and transferring the trial of the suits which were cognizable in those Courts to the Courts of Deward Adalat; and prescribing Rules for the conduct of the Board of Revenue and the Collectors. | The Bengal Land revenue Regulation, 1793. | | 1793 | VIII | For re‑enacting, with modifications and amendments, the rules for the Decennial Settlement of the publics revenue payable from the lands of the zamindars, independent taluq dars and other actual proprietors of land, in Bengal, Behar and Orissa, passed for those provinces respectively on the 18th Septem ber, 1789; the 25th November, 1789; and the 10th February, 1790, and subsequent dates. | The Bengal Decennial Settlement Regulation, 1793. | | 1793 | XI | For removing certain restrictions to the operation of the Hindu and Muhammndan laws with regard to the inheritance of landed pro perty subject to the payment of revenue to Government. | The Bengal Inheritance Regulation, 1793. | | 1793 | XXXVIII | For re‑enacting, with modifications, such part of the rule passed on the 27th June, 1787, as prohibits Covenanted Civil Servants of the company employed in the administration of justice or the collection of the pubic revenue lending money to zamindars, independent taluqdars or other actual proprietors of land, or dependent taluqdars or farmers of land holding farms immediate ly of Government, or the under farmers or raiyats of the several descriptions of proprietors and farmers of land above mentioned, or their respective sureties. | The Indian Civil Service (Bengal) Loans Prohibition Regulation, 1793. | | 1799 | V | To [limit the interference of the Zila Court of Diwani Adalat in the execution of wills and administration to the estates of persons dying intestate. | The Bengal Wills and Intestacy Regulation, 1799. | | 1800 | X | For preventing the division of landed estates in the Jangal Mahals of the Zila of Midnapore and other Districted.] | The Bengal Inherit ance Regulation, 1800. | | ( The entries relating to the Bengal State Offences Regulation, 1804 (10 of 1804), rep. by the Special Laws Repeal Act, 1922 (4 of 1922). ) | * | * | * | | 1806 | XI | For facilitating the progress of detachments of troops through the Company's territories; for affording any requisite assistance to persons travelling through those territories. | The Bengal Troops Transport and Tra vellers assistance Regulation, 1806. | | 1812 | XI | To empower the Governor‑ General in Council to order the removal of emigrants from foreign countries, and their descendants, from any place in the vicinity of the frontier of the State from which they may have emi grated; and, in certain cases, to place and detain any such persons in safe custody; and likewise to provide for the trial of emigrants and their descendants who may excite disturbances in the coun tries, from which they may have emigrated, and of persons aiding them in the prosecution of such attempts. | The Bengal Foreign Immigrants Regulation, 1812. | | 1818 | III | For the confinement of State Prisoners. | The Bengal State Prisoners Regula tion, 1818. | | 1819 | VIII | To declare the validity of certain tenures, and to define the relative rights of zamindars and patni taluqdars; also to establish a process for the sale of such taluqs in satisfaction of the zamindar's demand of rent. | The Bengal Patni Taluqs Regulation, 1819. | | 1820 | I | For providing that all sales of certain taluqs made answerable by sale for arrears by the zamindar's rent shall be conducted in the mode provided by Regulation VIII, 1819, for the sales therein described. | The Bengal Patni Taluqs Regulation1820. | | 1823 | VII | For prohibiting loans by Covenanted Civil Servants from persons subject to their official authority and influence. | The Indian Civil Service (Bengal Loans Prohibition Regulation, 1823. | | 1825 | VI | For rendering more effectual the rules in force relative to supplies and preparations for troops proceeding through the British territories. | The Bengal Troop; Transport Regulation, 1825. | | 1825 | XI | For declaring the rules to be observed in determining claims to lands gained by alluvion, or by dereliction of a river or the sea. | The Bengal Alluvior and Diluvion Regulation, 1825. | | 1827 | III | For modifying and amending the rules in force relative to the law officers and ministerial native officers of the Courts of Judica ture, who may be guilty of cor ruption or extortion. | The Bengal Corruption and Extortion Regulation, 1827. | | 1827 | V | For modifying the rules at present in force for the management of estates under attachments by orders of the Courts of Justice in certain cases. | The Bengal Attached Estates Manage ment Regulation, 1827. | | 1829 | XVII | For declaring the practice of Sati or of burning or burying alive the widows of Hindus illegal and punishable by the Criminal Courts. | The Bengal Sad Regulation, 1829. |

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