The BENGAL FOREIGN IMMIGRANTS REGULATION, 1812
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50 l                  - REJON IMMI GRANTS [ UU2 : Ben, Reg. 11.

###### BENGAL REGULATION ll oF 181 2

( THE BENGAL FORRIGN h!:IIIGRANTS R EOULAT{ON, 1312 [1] ).

###### [18th Juf pl812.l
 A Regulation to empower the [2 ] [Centr a l Govern-
 ment] to order the removal of cmigmnts from foreign countri es, and their d escendants from
 any place in th e vicinity of the front i er of the Sta te from which they may have e migrated ;
a nd . in certa in cases, to place and d e tain a ny
###### such persons in safe custody ; and likewise t o
 provide for the tria l of ·emigran ts and their descendants who may excite disturbances in the
 coun tries from \vltich the} may have emigrated and of persons aiding tltem in the prosecution
Preamble. of such attempts .

###### l. WHEREAS considerable bodies of persons, bci ng N ativcs
 of Arakan and ordinaril y d t:nomina te<l Mughs, ban. from timt> to time emigrated from that Countr y and e~t d >lislH:cl themselves in that part of the district of Ghittagong which lie ~ contiguous

to the Arakan fron tier ;

And whereas numbe1 s of those rwr~on,, or ol th r-ir ck scen-

d ants, aLusing th e pwtection which had been aJiiH dcd to them in

###### [India] [5 ] have exci tt>d dis tu rlMnce~ and even levied war in
 the country of Arakan against the Governm e nt of Ava [3 ], oJ
which State Araka n is now a dependency, and have conducted
themselves in a rnannt>r manifestly tending to disturb the relations

###### of amity which subsist helween the British Grnernment a nd tht>
 Government of Ava :l;

And whereas it is, in conscquenre, necess:uy tha t the (State

Governmc'nt! ~ should pmscss legal poM·rs to 1 enlCJV(' the said
bfJ<iies of emigrants and their descendants fi·om tlH Ji·ontic r or
###### the territory of A1 aka n, of any other bodies of aliens, or their descendants, from the virinity of the country from which tltcy may have emigtated, and likewise to detain in coulincmcnt a ny of those persons, or any other individuals hf'ing Nativf's of

foreign countries, or their descendants, for oJTenrcs of the above
###### nature actually committed by them in the territories or the Statc>
from which they may have emigrated ;

SHORT TITLE.- Thi5 short till,. wa~ ~ ivcn l>y the Amending Act, 1897

(V of 1897), since repeaclcd.

LOC.A.L EXTF.NT.- fhis Regulation ha, brcn d·clarr.cl. u\' notification
under the Scheduled District Art, 11171 (X rV of 1874), S. 3 to be in forre in
Assam (except the North Lushai Hills). It is not in force in the Lushai Hills.

The words " Local Government" were ,ubstitull"d for the word

"Governor Geueral in Council" by the' Amending Act, 1897 (V of 1897)

"Central Governmrnt" was substituted for "Local Governmer-t" by _thr_

A. 0 . 1937.

J The Governmf'nt of Ava has ceased to exist, it..~ territories having been

anucxed to the Hritiah dominions, The terdtorit:S are now known as "Upper-
Burma."

For "Governor General in C'..ouncil" by the Amending Act, 1897 (V of 1897),

the word Local Government wa~ substituted. The word "Lora! GovC'rnmclll"
wafi substituted by the word Provincial Govt"rnment l>y A. 0., 1937 . The
word Provincial aiain has b<"rn suhslilnlf'd by th.,wurd State hy                    - , 0 ., 1'.150.

s Sub,titutcd lor the words "the BritiJh territories" by A. 0 . 1950.


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###### 1812: Ben Reg. ll.J FoR EIGN IMMIGRANTS 51

And whereas it is necessary to make provision for the trial
of persons committing, or aiding in the commission of, the said
offences, the following rules have been passed, to be in force
from thr. period of their promulgation throughout the territories

immediately dependent on the Presidency of Fort William : Power to or-

2. Whenever the [Central Government] [1], upon due investi- der r~moval
###### . h II b . fi d h h . r. A k of emtgranta
gat10n, s a e sat1s e t at t e emigrants trom ra an, or to parts of
emigrants from any other State, who may have sought an asylumcountry
in llndia] [2 ], or the descendants of any of the said emigrants, dee?Jed cou-

shall have abused the protection afforded to them, by attempts vement.
to excite disturbances in the State from which they or their
ancestors may have emig1ated, it shall be competent to the

[Central Government] [2 ] to order the removal of those persons
to such other part or parts of the country as may be judged mos t
couvenient for their future residence.

###### In like manner tt shall be competent to the [Central Gov-

/

ernment] [1 ] to order such removal whenever [itp may
have grounds to be satisfied that the residence of any body of
aliens, or their descendants, in the victnity of the frontier of the
country from which they or their ancestors may have emigrated,

IS likely to cause any serious misunderstanding between that

State. and [the Govemment of Indial [4 ] Emigrants

3. Wh e1 oevcr a ny body of emigrants, or any individual al.lowed to

belonging to such body, shall be ordered to be removed from the aupose of
part of the country in which they may have been established, property.

l they shall be allowed to dispose of any property which they may
###### f ha'\>e acquired in such manner as they may judge proper :
l Provided, however, that if they shall nevertheless retain the

right to any real propr.rty at the period of their actual removal,
it shall be competent to the [Central Government) t to order        -
such property to be sold by public auction under the supcrin

tendence of the Coll ector [5 ] of the district.

###### In the case the net proceeds of the sale shall be duly paid to
the person or persons to whom the said property belonged.

4. In cases in which the [Central Government] [1 ] may, on
due inquiry and the mature del iberation, be satisfied that either Power to or·
the preservation of the tranquillity of [India] [2 ] or of the domi- der leaders.
nions of the allies of [the Government of India] l or the mainte- or other euub •

nance o t f I 1e re at10ns o 1 f amtty . su Sb . . 1stmg b etween f t e h G overn- apprehended grants to e

ment of lndiaJ [1 ] and other Stat<'s, requires that any of the lcader3 and kept un-
or other persons of the above description, who may have der restraint

7

~The words "Local Government" were substituted for the words

)Q "Govtrn(since repealedor Geo.tral ), "Central Government" in Counc1l" by the Amending substituted Act. for 18"Loc97 (V al of Govern-1897),

n

ment by A. 0 . 1937.

s.

2. Substituted for the British territ01·ies" by A. 0., 1950,

    -

;J:fhe word "it" was substituted for the word "he" by tne Burma Lawa

1)

Act, 184)8 (Xll of 189!1). S. 16 ptinted in the Burma Code.

lt'

           - The words "His Majgesly" were substituted for the words "the British

en

Government" by the A.O., 1937 which a15ain ha~ been substituted by the words

;r-

"the Gcvernment of India" by A. 0., 1950.

1).

            - In Assam, Deputy Commissioner. As to e~ercise of fuuction of Deputy

t"

Commission~rs, _tee_ the Assam Land and Revenue Rt-~ulation, 1886 (I of

he

1886), Chapter VII, post.


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###### 52 FOREIG~ htMlGRMHS 11812: Ben. R eg.l l. 18

committed the offences mentiOned in section 2 of this Regulation
should be placed and drtaincd under restramt, it shall he com-

petent to the [Central Govemnwnt] ; to order any such persons
having committed any of thL sa id offences, but not o thcrwi::;c, to
be apprehended and committed to confincm<'nt at such place,
and under the custody of such publtc oflict•r, and detained in
confinement for such time , as may be dc<'mnl by the [Central

. Government] [5 ] necessary for the public good.

Pumsh.ment 5. _Firsl.-An_ _y_ persons of thL above description, or their des-

~~rt~:~g~:~scendants, WhO, while )i\iillg llllrlt I the protection Of rthe

1 [cndant' ex-][ Government ][ol ] [Indi][.t] ][7 ] ~hall l'llltJ tl 1 rnun t y from whirh they SE

citing distur- or their ancestors mav havr t migr.llt d, oJ any othf't fnreign

hanc:cs in co- country, and shall excite, t )J altl"lllpt tu ,.,< itr, disturhanccs in

which they t uutnn from 1 1~: s;uc · 1 counll 1es, s tal · I 1 1 w lt;t 1 1l~ t" _lw_ I noll" 1 ll to tna · 1 _r wr_ l tat 1

emigrated. oflcnce              - 41 "'I anu , tf !011\.'ll'tt'd, 'Jt,tll IJc sentenced to suiTcr

imprisonment (OJ the penod of SC\ cu yeats.

Puni!hment I _Seclollldl.· r_ Any! prrso.ns, f. _r_ .,. .             -             -             - •

for pc 5 11 ~ w 10 s 1a tllrtlls 1 cnngta n ts ront H•ru~tt cnunl r ies with any

stding ~~~ assistance cit hct of men, mnnc \"               - ,nms, in prosecution

assi1>1iug in of their attempts to c·xcitr clistur!J.tnces in the country from which

atto:;mprs tho they mav have emigrated , or in an v other country, or shall

exctte sue disturb. ces Ot I lerWISC · ' aJ( · I SUC 1 I a 1· JCIIS                        - Ill t 1 IC pr1 ' SCCIItlllll · 0 f h · t Clr t rtmllla · · ) ·

tn "design, shall be liable to be brought to trial fiH· that offence*                   - ,1

###### and, if convictrcl, shall be s~> ntcnced to sullcr impri sonment for
the term of llcven years.

Proviso. Provided, hrnvever, that, if the Judge               -               - ~ hy whom the
case may b·· tJ iecl shall be of ()pi11ion that the pu; ishmcnt «'Sta-
bhshed by this ant! the pfi':C:t•t·dinl! clau ~ e ~ hould in                - ny instance
be mitigatNI, he shall submit the procccdm_s held on the trial

1lto the Cen tr<tl Governllllnt 1 J and dJt. C:cntt,d Govcmtnentrt 1

shall pass such orde rs thcre<m as it may think fi 1 :]

Provided, moreovc1, th tl no sentence or order which may be

passed on the trial of any pPrsons untlcr the provisiom of the
present Re~ulation shall he competent, 01 shall be construed, to
preclude the s [Central Government) from th e exercise of the
power vested in the Goverumeut by section 4 of [this Regu-

lation.] [6 ]

J. 'l he word:! "before the Court of Circuit," which wne rt<pt:al<'d by the

Rl'p<'aling ,\ct, 1!17l ('\\'I of 1874), arc omitt.-d.

Th•· W•>rd~ "of(.ircuir' whi• h wt<rc tep··,okd by the .~ amt Act, are

omitted.

s The'e words in 51JUar<· br<~cket s were substitutc•d fo r the word~ ·'to the

Ni1.amat Adalat, who will recommend to th<' Gov••rnor General in Councii
such alleviation of the prescribed punishment as t ht'v rna y j ud~rr proper' • by
the amendin~ Act, 1897 \'of 1897), •incc- r,·p. ~led.

'Substituted lor "Llcal (';I)Hrllffil'nt" lw th<' /\. 0., 19'17.

fhe wo ds ''Loc;.~l Govl"rnment'' sub~titUII'd for the words Co\tJ nor

General inC unctl" by th•· \•nendinq Act, 18'17 \ of 11197), since rep•·aled

"Central Gov,.rnmem" w,u suhstitut .. d for "J. c·al Government" bv the

A. 0. 1937. .

6 The words "thrs Rt'gul.ttion" "erl' ~ub~ti tutKI for the words ''the

said Re~tulation by thl' .\mt"nd•nl!" \ ct 19(13 (1 of 1\lll:i) sincl" rept>aled.

7 The word, "Hi~ Maje,ty" wa' ,ub~titut,.d for thl' \\·orr!~ "the

British Go\'ernment" by the \. Q., l'l:\7 "hich ns;::.\111 ha~ been sub~titu:e-1

b)" the words the \.m;("rnrnenr nf India b,· 1he \ 0., J 'l50.

                 - The words "whether Nativ<· Rrilish mbject or .tlit•u'' omil!ed by the- A.
###### o. 1950,


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