6. Right of pre
emption.
7. as to its existence
8. Its existence in towns to be proved
9. Devolution of right when property to be sold or foreclosed is a proprietary or under proprietary tenure
9A. When a suit for pre
emption lies.
10. Notice to pre
emptors.
11. Loss of right of pre
emption.
12. Right of pre
emptor on foreclosure.
13. Suit to enforce right of pre
emption.
14. Decree to fix time for payment
15. Effect of non
payment of purchase-money.
Chapter IIIPROCEDURE OF THE COURTS
16. Rule of limitation
17. [Repealed.]
18. [Repealed.]
19. Rules for taking evidence
20. Execution
sale of ancestral and acquired property in land.
21. [Repealed.]
22. Service of process within jurisdiction of Luck Court
23. [Repealed.]
24. [Repealed.]
25. [Repealed.]
26. Revenue
agents authorized to appear, etc., in rent-suits.
27. Power to make rules for custody and sale of a property
28. [Repealed.]
Chapter IVVILLAGE AND ROAD-POLICE
29. Right to nominate village
policemen.
30. Obligation to nominate
31. Discretion to appoint or reject nominee
32. Power to Government to appoint. Procedure in case of rejection of nominee
33. Appointment of road
police.
34. Duties of village and road
policemen.
35. Procedure on arrest by village or road
policeman
36. Dismissal of village or road
policeman.
37. Acts punishable. Penalty
38. Fines to be credited to such fund as Government appoints
Chapter VSUBSIDIARY RULES
39. Power to make rules
40. Publication of rules
41. [Repealed.]
42. Penalty for breach of rules
Chapter VIMISCELLANEOUS Honorary Civil Jurisdiction
43. [Repealed.] Honorary police
officers
44. Honorary police
officers. Creation and alteration of districts and sub-divisions
45. [Repealed.] THE FIRST SCHEDULE
[Repealed.]
The First Schedule
THE FIRST SCHEDULE. — Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.
The Second Schedule
(See section 3)
PART 1.— BENGAL REGULATIONS
Number and year Subject Modifications
XXIII of 1803
Embezzlement by Native
Officers.
In section 1 and in section 2, clause
First, before “sezawals,” insert tahsildars”.
In section 2, after the first clause, insert
“Second.—The responsibility of the sureties of tahsildars extends to the several cases provided for in this Regulation.”
In section 3, for “Dewanny Adawlut of the Zillah, the Judge of which Court shall detain him,” read “ District where he shall be detained;” for “ real or personal,” read “ movable or immovable;” 1* * * and omit the words and figures “and the rules in Regulation XXVIII, 1803, regarding suits so carried on by the Collectors are to be held applicable to it.” 2 * * *
Omit section 8.
3X of 1804
Punishment by Courts- martial of certain State offences.
Omit section 1.
In section 2, for “the British territories subject to the Government of the Presidency of Fort William” read “the territories under the administration of the Chief
Commissioner of Oudh”.
In section 3, for “real and personal
“read “movable or immovable”.
XI of 1806
Assistance to troops and travellers passing through districts.
Omit sections 1, 7, 9 to 20 (both inclusive), and so much of the rest of the Regulation as authorizes Collectors and their Native officers, or Magistrates and their police-officers, to give their Official aid in procuring coolies for the purpose of facilitating the march of troops or the progress of travellers.
For “Collectors of Revenue” and “Collector” read “Deputy Commissioner” throughout the Regulation.
In sections 2 and 3, for “the Company's territories” read “Oudh”.
In section 2, omit the last sentence.
In section 4, clause Third, for “Central
Government” read “ State Government”
In section 5, omit “the Companys;” 4* * *
In section 6, for “Magistrate” read
“Deputy Commissioner,” and for “on the part of the Collector” read “by the Deputy
Commissioner”.
Number and year Subject Modifications
In section 8, for “the Company’s provinces” read “Oudh” 1 * * *. .
2 * * * * * * * * * *
3 III of 1818 State Prisoners In section 1, omit “situated within the territories dependent on the Presidency of Fort William,” and from “which are to take effect “to the end of the section.
In section 2, clause Third, omit
“within the territories subject to the Presidency of Fort William”.
In section 4, omit clause First.
In the same section, clause Second, for “Zillah or City Magistrate” read
“Deputy Commissioner,” and for “Judge of Circuit” read “Commissioner of Division”.
In section 9, for “to the Provincial
Court of Appeal and Circuit and to the Sudder Dewanny Adawlut and Nizamut
Adawlut” read “and to the Judicial
Commissioner”.
Omit section 10.
4* * * * * * * * *
XI of 1822 . Non-liability of Government for errors of a Court of Justice.
Omit the whole except section 38.
VI of 1825 . Supply of troops on the march. In the preamble, omit the last twenty words.
In section 2, omit “in pursuance of section III, Regulation XI, 1806,” and omit
“sicca”.
In section 4, for “Board of Revenue in whose jurisdiction the district may be situate” and “Board” read “Commissioner”.
In section 5, omit “on the stamped paper prescribed for other appeals to the Revenue
Boards” and for “the proper Board” and “the Board” read “the Commissioner”.
Number and year Subject Modifications
XI of 1825 Alluvion and Diluvion Omit section 1.
In section 3, omit “either” and “or the sea”.
In section 4, clause First, Omit
“whether” and “or of the sea,” and for “ the provisions of Regulation II, 1819, or of any other Regulation in force,” read “any law in force for the time being;” clause Third, omit “or in the sea” and “or sea;” clause Fifth, omit
“or the sea”.
In section 5, for “Zillah and City
Magistrates” read “Deputy
Commissioners”.
1* * * * * * * * *
PART II.- ACTS OF THE GOVERNOR GENERAL IN COUNCIL
2* * * * * * * * *
3XX of 1856 . Chaukidars . . In the preamble, after “Bengal” add
“and the territories under the administration of the Chief
Commissioner of Oudh”.
Omit the words “of circuit”
“wherever they occur after
“Commissioner”.
Omit section 40.
XIII of 1857 . . . . Opium In the title, after “the Presidency of Fort William in Bengal,” read “and the territories under the administration of the Chief Commissioner of Oudh”.
4***
In section 3, omit “being covenanted servants of the Company.
5* * * * * * * * *
6XXII of 1871. Chaukidars . . In section 1, after “Presidency” insert “or territories”.
In section 3, omit the words “of circuit”.
Omit section 6.
Amendment notes (14)
- 1The words “for ‘city’ read ‘jurisdiction’ ” were rep. by Act 12 of 1891; and the words “for ‘Board of Revenue’ read Chief Commissioner’ ” were rep. by Act 20 of 1890, s. 35.
- 2The words “In section 4, omit the words, or in either of the cities of Patna, Dacca and Moorshedabad” were rep. by Act 12 of 1891.
- 3Rep. by Act 4 of 1922, s. 3 and Sch.
- 4The words “and for ‘Board of Revenue’ read ‘Chief Commissioner’ ” were rep. by Act 20 of 1890, s. 35.
- 1The words and figures “and omit the words and figures ‘(under the rules prescribed by Regulation 5 of 1804,)’ and ‘in Regulation 27 of 1803” were rep. by Act 12 of 1891.
- 2The entries relating to Bengal Regulations 17 of 1806, 20 of 1810 and 5 of 1817 were rep. by Acts 4 of 1882, 13 of 1889 and 6 of 1878, respectively.
- 3This Regulation was rep. by Act 48 of 1952, s. 2 and Sch. I.
- 4The entry relating to Bengal Regulation 6 of 1819 was rep. by Act 12 of 1891.
- 1The entry relating to Bengal Regulation 20 of 1825 was rep. by Act 10 of 1882.
- 2The entry relating to Act 19 of 1853 was rep. by Act 1 of 1903.
- 3Act 20 of 1856 has been repealed in the U.P. by the U.P. Town Area Act, 1914 (U.P. 2 of 1914).
- 4The modification relating to s. 2 was rep. by Act 12 of 1891.
- 5The entry relating to the Minors Act, 1858 (40 of 1858), was rep. by Act 3 of 1890
- 6Act 22 of 1871 was rep. in the U.P. by Act 18 of 1919 and generally by Act 1 of 1938.