The Oudh Laws Act, 1876
THE OUDH LAWS ACT, 1876

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ARRANGEMENT OF SECTIONS

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# PREAMBLE.

PART I

PRELIMINARY

SECTIONS.

1. Short title.

Local extent.

Commencement.

2. [Repealed.].

PART II

GENERAL LAWS TO BE ADMINISTERED IN OUDH

3. Statutory law to be administered in Oudh.

4. Validity of local customs and mercantile usages.

PART III

CHAPTER I

DOWER AMONG MUHAMMADANS

5.  Muhammadan dower contracts how to be enforced Rule applicable after husband's

death.

CHAPTER II

PRE-EMPTION

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.

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CHAPTER III

PROCEDURE 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 [Repealed.]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 [Repealed.]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 [Repealed.]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 [Repealed.]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 [Repealed.]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 [Repealed.]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 [Repealed.]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 IV

VILLAGE 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 V

SUBSIDIARY RULES

39. Power to make rules

40. Publication of rules.

41. [Repealed.]

42. Penalty for breach of rules.

CHAPTER VI

MISCELLANEOUS

_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 [Repealed.]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 [Repealed.]

THE FIRST SCHEDULE—[Repealed.]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 SECOND SCHEDULE.

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THE OUDH LAWS ACT, 1876

ACT NO. 18 OF 1876

An Act to declare and amend the laws to be administered in Oudh.



[10th October, 1876.]


**Preamble.—WHEREAS it is expedient to declare and amend the laws to be administered in**

Oudh; It is hereby enacted as follows:—

PART I

PRELIMINRY

**1. Short title.—This Act may be called the Oudh Laws Act, 1876.**

**Local extent.— It extends only to [1* * *] Oudh ;**

**Commencement.—and it shall come into force on the passing thereof.**

**2. [Repeal of enactments.]—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.**

PART  II

GENERAL LAWS TO BE ADMINISTERED IN OUDH

**[2]3.  Statutory law to be administered in Oudh.—The law to be administered by the Courts of**

Oudh shall be as follows:

(a) The laws for the time being in force regulating the assessment and collection of land-revenue.

(b) In questions regarding succession, special property of female betrothal, marriage, divorce,

dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, gifts, partitions
or any religious usage or institution, the rule of decision shall be—

(l) any custom applicable to the parties concerned which is not contrary to justice equity or

good conscience, and has not been, by this or any other enactment, altered or abolished, and has
not been declared to be void by any competent authority;

(2) the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law

in cases where the parties are Hindus, except in so far as such law has been, by this or any other
enactment, altered or abolished, or has been modified by any such custom as is above referred
to:

(c) the rules contained in this Act:

(d) the rules published in the Official Gazette as provided by section 40, or made under any

other Act for the time being in force in Oudh:

(e) the Regulations and Acts specified in the second schedule hereto annexed, subject to the

provisions of section 4, and to the modifications mentioned in the third column of the same schedule:
(f) subject to the modifications hereinafter mentioned, all enactments for the time being in force

1. The words “the territories for the time being administered by the Chief Commissioner of” rep. by the A.O. 1937.
2. The provisions of this section have been rep. in so far as they are inconsistent with the Muslim Personal Law (Shariat)

Application Act, 1937 (26 of 1937); see s. 6 of that Act.

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and expressly, or by necessary implication, applying to [1][the territories which, immediately before
the 1st November, 1956, were comprised in Part A States and Part C States] or Oudh, or some part
of Oudh:

(g) In cases not provided for by the former part of this section, or by any other law for the time

being in force, the Courts shall act according to justice, equity and good conscience.

**4. Validity of local customs and mercantile usage.—All local customs and mercantile usages**

shall be regarded as valid, unless they are contrary to justice, equity or good conscience, or have, before
the passing of this Act, been declared to be void by and competent authority.

PART III

CHAPTER  I

DOWER AMONG MUHAMMADANS

**5. Muhammadan dower contracts how to be enforced.—Where the amount of dower stipulated**

for in any contract of dower by a Muhammadan is excessive with reference to the means of the
husband, the entire sum provided in the contract shall not be awarded in any suit by decree in favour
of the plaintiff, or by allowing it by way of set-off, lien or otherwise to the defendant; but the amount
of the dower to be allowed by the Court shall be reasonable with reference to the means of the husband
and the status of the wife.

**Rule applicable after husband’s death.—This rule shall be applicable whether the suit to enforce**

the contract be brought in the husband's life time or after his death.

CHAPTER II

PRE-EMPTON

**6. Right of pre-emption.—The right of pre-emption is a right of the persons hereinafter in**

mentioned or referred to, to acquire, in the cases hereinafter specified, immovable property in preference
to all other persons.

**7. Presumption as to its existence.—Unless the existence of any custom or contract to the contrary**

is proved, such right shall, whether recorded in the settlement-record or not, be presumed—

(a) to exist in all village-communities, however constituted, and whether proprietary or

under-proprietary, and in the cases referred to in section 40 of the Oudh Land-revenue Act,
2(17 of 1876), and

(b) to extend to the village-site, to the houses built upon it, to all lands and shares of lands within

the village-boundary, and to all transferable rights affecting such lands.

**8. Its existence in towns to be proved.—The right of pre-emption shall not be presumed to exist in**

any town or city, or any sub-division thereof, but may be whom to exist therein and to be exercisable
therein by such persons and under such circumstances as the local custom prescribes.

1. Subs. by the Adaptation of Laws (No.2) Order, 1956, for “Part A States and Part C States”.
2. See now the U.P. Land Revenue Act, 1901 (U.P. 3 of 1901).

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**9. Devolution of right when property to property to be sold or foreclosed is a proprietary or**

**under proprietary tenure.—If the property to be sold or foreclosed is a proprietary or under-**
proprietary tenure, or a share of such a tenure, the right to buy or redeem such property belongs, in the
absence of a custom to the contrary, —

_1st,_ to co-sharers of the sub-division (if any) of the tenure in which the property is

comprised, in order of their relationship to the vendor or mortgagor;

_2ndly,  to co-sharers of the whole mahal in the same order;_

_3rdly,  to any member of the village-community; and_

_4thly,  if the property be an under-proprietary tenure, to the proprietor._

Where two or more persons are equally entitled to such right, the person to exercise the same shall

be determined by lot.

**1[9A. When a suit for pre-emption lies.—No suit shall lie for enforcing a right of pre-emption**

under this Act in respect of a portion only of the property sold or foreclosed:

Provided that, where the plaintiff has a right of pre-emption in respect of only a portion of the

property sold or foreclosed, then notwithstanding anything to the contrary contained in any enactment a
suit for the pre-emption of that portion only shall lie and the plaintiff shall have to pay the proportionate
price or the proportionate amount due in respect of such mortgage for such portion of the property, as
the case may be.]

**10. Notice to pre-emptors.—When any person proposes to sell any property, or when he forecloses**

a mortgage upon any property, in respect of which any persons have a right of pre-emption, he shall give
notice to the persons concerned of the price at which he is willing to sell such property, or of the amount
due in respect of such mortgage, as the case may be:

[2][Provided that, where a person has a right of pre-emption in respect of a portion only of the property

proposed to be sold or foreclosed, the notice to such person shall specify the proportionate amount of
the price or the proportionate amount due in respect of such mortgage at which the person proposing to
sell or foreclose is willing to sell or redeem such portion of the property, as the case may be.]

Such notice shall be given through the Court within the local limits of whose jurisdiction the property

or any part thereof is situate, and shall be deemed sufficiently given if it be stuck up on the chaupal or
other public place of the village or city in which the property is situate.

**11. Loss of right of pre-emption.—Any person having a right of pre-emption in respect of any**

property proposed to be sold shall lose such right, unless within three months from the date of such
notice he or his agent pays or tenders the price [3][specified in the notice given under the preceding section]
to the person so proposing to sell.

**12. Right of preemptor on foreclosure.—When the right of pre-emption arises in respect of the**

foreclosure of a mortgage [4][or a portion of the mortgage], any person entitled to such right may, at any
time within three months after the giving of the notice required by section 10, pay or tender to the

1.  Ins. by U.P. Act 15 of 1939, s. 2.
2.  Ins. by s. 3, ibid.
3.  Subs. by s. 4, ibid., for “aforesaid”.
4.  Ins. by s. 5, ibid.

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mortgagee or his successor in title the amount specified in such notice, and shall thereupon acquire a
right to purchase the property, [1][or a portion thereof, as the case may be].

On completion of the purchase the person exercising the right of re-emption shall be bound to pay

to the mortgagee or his successor in title the amount specified in such notice, together with interest on
the principal sum secured by the mortgage [1][or the proportionate amount of such principal sum in respect
of the portion of the property in which he possesses the right of pre-emption, as the case may be], at the
rate specified by the instrument of mortgage, for any time which has elapsed since the date of the notice,
and any additional costs which may have been properly incurred by the mortgagee or his successor in
title.

**13. Suit to enforce right of pre-emption.—Any person entitled to a right of pre-emption may**

bring a suit to enforce such right on any of the following grounds (namely) : —

(a) that no due notice was given as required by section 10;

(b) that tender was made under section 11 or section 12 and refused;

(c) in the case of a sale, that the price stated in the notice was not fixed in good faith;

(d) in the case of a mortgage, that the amount claimed by the mortgagee was not really due on

the footing of the mortgage and was not claimed in good faith, and that it exceeds the fair
market-value of the property mortgaged, [2][or the portion of the property mortgaged in respect of
which he possesses the right of pre-emption, as the case may be].

If, in the case of a sale, the Court finds that the price was not fixed in good faith, the «ours shall fix

such price as appears to it to be the fair market-value of the property sold, [2][or the portion of the property
sold in respect of which he possesses the right of pre-emption, as the case may be].

If, in the case of a mortgage, the Court finds that the amount claimed by the mortgagee was not

really due on the footing of the mortgage, and that it was not claimed in good faith and that it exceeds
the fair market-value of the property mortgaged [2][or the portion of the property mortgaged in respect of
which he possesses the right of pre-emption, as the case may be], the amount to be paid to the mortgagee
shall not exceed what the Court finds to be such market-value.

**14. Decree to fix time for payment.—If the Court find for the plaintiff, the decree shall specify a**

day on or before which the purchase-money or the amount to be paid to the mortgagee shall be paid.

**15. Effect of non-payment of purchase-money.—If such purchase-money or amount is not paid**

into Court before it rises on that day, the decree shall become void, and the plaintiff shall, so far only as
relates to such sale or mortgage, lose his right of pre-emption over the property to which the decree
relates.

1. Ins. by U.P. Act 15 of 1939, s. 5.
2. Ins. by s. 6, ibid.

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CHAPTER III

PROCEDURE OF THE COURTS

**16. Rule of limitation.—The Judicial Commissioner's Circular No.104 of July, 1860, shall be held**

to have been a notification within the meaning of section 24 of Act 14 of 1859,[1] and such Act shall be
deemed to have been in force in Oudh from the fourth day of July, 1862; and all orders and decrees
passed under the rules contained in the said Circular or under the said Act, shall be deemed to have been
passed under a law m force for the time being.

Nothing in this section affects the provisions of sections 109, 104, 105, 106, 107 and 108 of the

Oudh Rent Act (XIX of 1868)[2] with regard to the limitation of suits under that Act.

**17.** [Act 32 of 1871, s. 28, to cease in any district from date of notification that it is no longer

_under settlement].—Rep. by the Repealing and Amending Act, 1891 (12 of 1891)._

**18. [Recognized agents.]—Rep. by the Repealing and Amending Act, 1891 (12 of 1891).**

**19. Rules of taking evidence.—[3]Section 172 of Act No.8of 1859 is hereby repealed, so far as the**

province of Oudh is concerned, and the following section is substituted therefore:—

“On the day appointed for the hearing of the suit, or on some other day to which the hearing may be

adjourned, the evidence of the witnesses in attendance shall be taken orally in open Court in the presence
and hearing and under the personal direction and superintendence of the Judge.

“A note of the essential points of the evidence of each witness is to be taken at the time, and in the

course of oral examination, by the officer who tries the case, in his own language, or in English if he is
sufficiently acquainted with that language, and such note shall be filed, and shall form part of the record
of the case.

“If the evidence be taken down in a different language from that in which it has been given, and the

witness does not understand the language in which it is taken down, the witness may require his
deposition as taken down to be interpreted to him in the language in which it was given.

“It shall be in the discretion of the Court to take down, or cause to be taken down, any particular

question and answer, if there appear any special reason for so doing, or any party or his pleader requires
it.

“If any question put to a witness be objected to by either of the parties or their pleaders, and the

Court allow the same to be put, the question and the answer shall be taken down, and the objection and
the name of the party making it shall be noticed in taking down the depositions, together with the
decision of the Court upon the objection.

“The Court shall record such remarks as it may think material respecting the demeanour of the

witness while under examination.

4[“The note as above required may be written and signed by the Judge with his own hand or typed

to his dictation in open Court and signed by him within his own hand, and such note shall form part of
the record.”]

1. See now the Limitation Act, 1908 (9 of 1908).
2. Act 19 of 1868 was rep. by the Oudh Rent Act, 1886 (22 of 1886), s. 2. Act 22 of 1886 has been rep.
By the U.P. Tenancy Act, 1939 (U.P. 17 of 1939).
3. See now ss. 181 to 190, both inclusive, of the Code of Civil Procedure, 1908 (5 of 1908).
4. Subs. by U.P. Act 24 of 1954, s. 2 and Sch., for the former paragraph.

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1[20. Execution-sale of ancestral and acquired property in land.—So much of section 60 of the

Code of Civil Procedure, 1908, (5 of 1908) as renders land liable to sale in execution of a decree shall
be subject to the following restriction:—No ancestral land shall be sold in satisfaction of a decree without
the permission of the State Government.

_Explanation.—In this section the words “ ancestral land “ mean —_

(a) land forming a mahal or share in or portion of a mahal, which has been owned  continuously

from the conclusion of the first regular settlement by the proprietor, which term shall include an
under-proprietor as defined in section 4, clause (15), of the United Provinces Land-revenue Act,
1901, (U.P.3 of 1901) or by the person or persons from whom such proprietor has directly or
indirectly inherited such land;

(b) land forming an estate or part of an estate as defined in the Oudh Estates Act, 1869

(1 of 1869);

(c) land conferred by the British Government as a reward for services rendered to the State on

the owner or on a person from whom such owner has directly or directly inherited such land; or

(d) the interest of the holder of a grant of land revenue conferred by the British or any former

Government on him or on a person from whom he has directly or indirectly inherited such interest.]

**21. [Appointment of manager of land attached.]—Rep. by the Oudh Civil Courts Act, 1879        (13**

_of 1879)._

**22. Service of process within jurisdiction of Lucknow civil court.—Notwithstanding anything**

contained in the said Code, any Civil Court sitting within the local limits of the jurisdiction of the on
Lucknow Civil Court, but exercising jurisdiction beyond such limits, may cause summonses, warrants,
notices and other processes to be served within the local limits of the jurisdiction of the Lucknow Civil
Court without causing the same processes to be served through such Court.

**23. [Section substituted for Act 19 of 1868, s. 109.] —** _Rep. by the Oudh Rent Act, 1886 (22 of 1886)._

**24. [Section substituted for Act 19 of 1868, section 118.]—Rep. by the Oudh Rent Act, 1886 (22 of**

1886).

**25.** [Right of occupancy in judgment-debtor's sir-land.]—Rep. by the Oudh Rent Act, 1886,

_Amendment Act, 1901 (U.P. 4 of 1901)._

**26. Revenue-agents authorized to appear, etc., in rent-suits.—Notwithstanding anything**

contained in Act No. XX of 1865[2], all persons duly admitted and enrolled as Revenue-agents under that
Act in [3]*** Oudh may appear, plead and act in suits under the Oudh Rent Act[4] (19 of 1868) in the Courts
of officers exercising the powers of Assistant Collectors, Deputy Collectors, Collectors and
Commissioners under the same Act.

1. Subs. by U.P. Act 3 of 1912, s. 2, for the original section
2. See now the Legal Practitioners Act, 1879 (18 of 1879).
3. The words “the territories for the time being under the administration of the Chief Commissioner of” Rep. by the A.O.

1937.

4. See now the U.P. Tenancy Act, 1939 (U.P. Act 17 of 1939).

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**27. Power to make rules for custody and sale of attached property.—With the sanction of the**

State Government, the [1][High Court] may from time to time make rules consistent with this Act and with
the Code of Civil Procedure[2] —

(a) for the custody and sale of movable property attached in execution of decrees;

(b) for the levy of a fee or commission on the sale of attached property and the disposal of the

funds accruing from such fees;

(c) as to the appointment and remuneration of persons [3][(not being persons in the service of the

Government)] by whom property is to be attached, kept in custody and sold;

(d) as to the appointment and remuneration of persons [3][(not being persons in the service of the

Government)] by whom local investigations under section 180, and investigations and adjustments
of accounts under section 181, of the Code of Civil Procedure[4] are to be made.

**28. [Power to revise decrees and orders of subordinate Courts.]—Rep. by the Oudh Civil Courts**

_Act, 1879 (13 of 1879)._

CHAPTER  IV

VILLAGE AND ROAD-POLICE

**29. Right to nominate village-policemen.—The nomination to the post of village-policeman shall**

be made by the zamindar of the village, or, where there are more zamindars than one, by the lambardar
as their representative; and, where there poll are more lambardars than one, the opinion of the majority
(unless there is some special provision to the contrary in the village administration-paper) shall prevail.

**30. Obligation to nominate.—Every person authorized to nominate to the office of village-**

policeman shall, within fifteen days after the occurrence of a vacancy such office, nominate a proper
person to the vacant post, and communicate the nomination to the Magistrate of the district.

**31. Discretion to appoint or reject nominee.—The person so nominated shall, after due enquiry**

into his age, character and ability, be appointed or rejected by the State Government.

**32. Power to Government to appoint. Procedure in case of rejection of nominee.—In default of**

such nomination within the said fifteen days, the State Government shall appoint such person as it thinks
fit to the vacancy.

If the nomination has been made within the said fifteen days, but the nominee is rejected, the person

authorized to nominate shall, within fifteen days from the date of such rejection, nominate another person
to the vacant post; and in default of such nomination, or if such nomination has been made but the
nominee is again rejected, the State Government shall appoint such person as it thinks fit to the vacancy.

**33. Appointment of road police.—Subject to the rules to be framed under section 39 and for the**

time being in force, the State Government may from time to time appoint persons to be [5][road police].

**34. Duties of village and road police-man.—Every village-policeman and every road-policeman**

shall perform the following duties:—

(a) he shall give immediate intermission to the officer in charge of the police-station appointed

for his village or beat—

1. Subs. by the A.O. 1950, for “Chief Court”.
2. See now the Code of Civil Procedure, 1908 (5 of 1908).
3. Ins. by the A.O. 1937.
4. See now the Code of Civil Procedure, 1908 (5 of 1908), Sch. I, Order 26, rules 9 to 12.
5. Subs. by the A.O. 1937, for “the road-police of his district”.

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(1) of every unnatural, suspicious or sudden death occurring in the village of which he is

chaukidar, or within his beat;

(2) of each of the following offences occurring in such village or on such beat (that is to

say), murder, culpable homicide, rape, dacoity, theft, robbery, mischief by fire, house-breaking,
counterfeiting coin, causing grievous hurt, riot, harbouring a proclaimed offender, exposure of
a child, concealment of birth, administering stupefying drugs, kidnapping, lurking
house-trespass; and

(3) of all attempts and preparations to commit, and abetments of, any of the said

offences:

(b) he shall keep the police informed of all disputes which are likely to lead to any riot or serious

affray:

(c) he shall arrest all proclaimed offenders, and all persons whom he may find in the act of

committing any offence specified in paragraph (a), clause (2), of this section:

(d) he shall observe and from time to time report to the officer in charge of the police-station

within the jurisdiction of which his village or beat may be situate, the movements of all bad
characters in or on such village or beat:

(e) he shall report to the officer in charge of such police-station the arrival of suspicious

characters in the neighbourhood:

(f) he shall supply to the best of his ability any local intermission which a Magistrate or any

officer of police may re” quire, and shall promptly execute all orders issued to him: by   competent
authority.

**35. Procedure on arrest by village or road police-man.—Whenever a village-policeman or road-**

policeman arrests any person, he shall take him as soon as possible to the police-station within the
jurisdiction of which his village or beat is situated.

**36. Dismissal of village or road police-man.—The Magistrate of the district may dismiss any**

village-police man or road-policeman for any misconduct or neglect of duty.

Where any village-policeman is guilty of neglect of duty or other misconduct, the person authorized

to nominate to his office may report him for dismissal to the Magistrate of the district; and such
Magistrate shall dismiss him accordingly, unless the Magistrate has reason the think that such dismissal
would be improper.

**37. Acts punishable.—Every village-policeman and road-policeman guilty of any willful**

misconduct in his office, or of neglect of duty, such misconduct o neglect not being an offence within
the meaning of the Indian Penal Code, (45 of 1860).

or withdrawing from the duties of his office without permission and without having given at least

two months, notice of his intention withdraw from such duties to the persons authorized to nominate
appoint under sections 29, 32 and 33 (as the case may be),

or offering any unnecessary personal violence to any person in his custody,

**Penalty. shall be liable, on conviction before a Magistrate, to a penalty not exceeding three months’**

pay, or to imprisonment for a period not exceeding three months, or to both.

**38. Fines to be credited to such fund as Government appoints.—All fines levied under this Act**

on village-policemen or road policemen shall be credited to such fund as the State Government from
time to time appoints.

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CHAPTER V

SUBSIDIARY RULES

**39. Power to make rule.—The State Government may, from time to time,** [1* * * ] make rules

consistent with this Act as to—

(a) the discipline and remuneration of the village and road police and the regulation of their

number, location and duties;

(b) the disposal of unclaimed property under Act No.5 of 1861 (for the regulation of    police),

sections 25, 26 and 27;

(c) public health and conservancy at fairs and other large public assemblies, and the

maintenance of a proper watch and ward at such fairs and assemblies;

(d) imposing [2* * *] taxes for those purposes only;

3 [(e) the keeping and custody of civil, criminal and revenue records.]

4*       -       -       
**40. Publication of rules. — All rules made by the State Government under section 39, and all rules**

made by the [5][High Court] under section 27, shall be published in the Official Gazette, and shall
thereupon have the force of law.

**41. Continuance of prior rules as to matters for which rules may be made under the Act.]**

Rep.by the Repealing and Amending Act, 1891 (12 of 1891).

**42. Penalty for breach of rules.—Whoever breaks any rule made or continued under this Act, not**

being a rule made by the [5][High Court], shall, on conviction before a Magistrate, be punishable with fine
which may extend to fifty rupees, or with imprisonment for a term which may extend to six months, or
with both.

CHAPTER  VI

MISCELLANEOUS

_Honorary civil jurisdiction_

**43. [Power to invest taluqdars with civil jurisdiction.]—Rep. by the Oudh Civil Courts Acts, 1879**

(13 of 1879.)

**_Honorary police-officer_**

**44. Honorary police-officers.—The State Government may-, from time to time, confer on any**

person whom it thinks fit any power which may be exercised by a police-officer under any Act for the
time being in force, and withdraw any power so conferred.

**_Creation and alteration of districts and sub-divisions_**

**45. [Power to create new districts. Power to form sub-divisions of districts.]—Rep .by the United**

_Provinces Act, 1890 (20 of 1890), s. 35._

1. The words “with the previous sanction of the G.G. in C,” rep. by Act 14 of 1878, s. 5.
2. The words “with the previous sanction of the G.G. in C,” rep. by the A.O. 1937.
3. Subs. ibid., for the original cl. (e).
4. Clause (f) was omitted by the A.O. 1937, CL. (G) RELATING TO S. 25 OF THIS At was omitted by the Oudh Rent Act,

1836, Amendment Act, 1901 (U.P. 4 of 1901). The proviso was omitted by the A.O. 1937.

5. Subs. by the A.O. 1950 for “Chief Court”.

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**THE FIRST SCHEDULE. — Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.**

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**THE SECOND SCHEDULE**

(See section 3)

**PART 1.— BENGAL REGULATIONS**

**Number and year** **Subject** **Modifications**

XXIII of 1803. Embezzlement by Native In section 1 and in section 2, clause

Officers _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- Omit section 1.

martial of certain State offences 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 Omit sections 1, 7, 9 to 20 (both inclusive),

passing through districts. 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”.

1. The 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.

2. The words “In section 4, omit the word or in either of the cities of Patna, Dacca and Moorshedabad,” were rep. by Act 12 of 1891.
3. Rep. by Act 4 of 1922, s. 3 and Sch.
4. The words “and for ‘Board of Revenue’ read ‘Chief Commissioner’ ” were rep. by Act 20 of 1890, s. 35.

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**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 _Omit the whole except section 38._

for errors of a Court of Justice.

VI of  1825 Supply of troops on the In the preamble, _omit the last twenty_

march. 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”.

1. The 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.

2. The 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.

3. This Regulation was rep. by Act 48 of 1952, s. 2 and Sch. I.
4. The entry relating to Bengal Regulation 6 of 1819 was rep. by Act 12 of 1891.

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**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]*    *    *** ***      *     *** ***         *       ***

[3]XX 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]*   *   *     -   *    *     -       *        *

[6]XXII of 1871. Chaukidars In section 1, after “Presidency”

insert “or territories “.

In section 3, omit the words “ of

circuit”.

_Omit section 6._

1. The entry relating to Bengal Regulation 20 of 1825 was rep. by Act 10 of 1882.
2. The entry relating to Act 19 of 1853 was rep. by Act 1 of 1903.
3. Act 20 of 1856 has been repealed in the U.P. by the U.P. Town Area Act, 1914 (U.P. 2 of 1914).
4. The modification relating to s. 2 was rep. by Act 12 of 1891.
5. The entry relating to the Minors Act, 1858 (40 of 1858), was rep. by Act 3 of 1890.
6. Act 22 of 1871 was rep. in the U.P. by Act 18 of 1919 and generally by Act 1 of 1938.

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