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### Title: The Provincial Small Cause Courts Act, 1887: Section 10. Power to require two Judges to si t as a bench.
### Content: The State Government, after
consultation with the High Court, may, by order in writing, direct that two Judges of Courts of
Small Causes or a Judge and an Additional Judge of a Court of Small Causes shall sit together
for the trial of such class or classes of suits or applications cognizable by a Court of Small
Causes as may be described in the order. |
### Title: The Indian Tramways Act, 1886: Section 10. Cessation of powers given by an order.
### Content: (1) If a promoter authorised by an order to construct a
tramway--
(a) does not within the time specified in the order substantially commence the construction of the
tramway, or
(b) having commenced the construction, suspends it without a reason sufficient in the opinion of
the 1[Government] to warrant the suspension, or
(c) does not within the time specified in the order complete the tramway and open it for public
traffic,
the following consequences shall ensue:--
(i) the powers given by the order to the promoter for constructing the tramway and otherwise in
relation thereto shall, unless the 1[Government], by special direction in writing, prolongs the time or
condones the suspension, cease to be exercised except as to so much of the tramway as is then
completed;
(ii) as to so much of the tramway as is then completed, the 1[Government] may either permit, or
refuse to permit, the powers given by the order to continue;
(iii) if the 1[Government] refuses to permit the powers to continue, then so much of the tramway
as is then completed may be dealt with, under the provisions of this Act relating to the discontinuance
of tramways, as a tramway of the working whereof the discontinuance has been proved to the
satisfaction of the 1[Government].
(2) A notification published by the 1[Government] in the Official Gazette to the effect that on a date
specified in the notification the construction of a tramway had not been substantially commenced or a
tramway had not been completed and opened for public traffic, or that the construction of a tramway had
been suspended without sufficient reason, shall, for the purposes of this section, be conclusive proof of
the matter stated therein.
1. Subs. by the A.O. 1937, for "L.G." |
### Title: The Indian Tramways Act, 1886: Section 38. Recovery of tolls from passengers.
### Content: Any toll due to a promoter, lessee or licensee from a
passenger may be recovered either by suit or, on application to a Magistrate having jurisdiction within
any local area in which any part of the tramway is laid, by distress and sale of any moveable property
belonging to the passenger within the local limits of the jurisdiction of the Magistrate. |
### Title: The Prisons Act, 1894: Section 13. Duties of Medical Officer.
### Content: Subject to the control of the Superintendent, the Medical Officer
shall have charge of the sanitary administration of the prison, and shall perform such 1duties as may be
prescribed by rules made by the State Government under section 2[59].
1. For rules as to Medical Officer's duties under s. 13, see different local Rules and Orders.
2. Subs. by the A O. 1937, for "60". |
### Title: The Indian Tramways Act, 1886: Section 13. Agreement between road-authority and promoter as to repair of roadway.
### Content: Subject to the
provisions of any order for the time being in force with respect to the matters mentioned in section 7,
sub-section (2), clause (g), the road-authority and the promoter may from time to time enter into
agreements as to the keeping in repair of the whole or a part of a road traversed by a tramway, and as to
the proportion to be paid by either of them of the expense of keeping the road or part in repair. |
### Title: The Provincial Small Cause Courts Act, 1887: Section 4. Definition.
### Content: In this Act, unless there is something repugnant in the subject or context,
"Court of Small Causes" means a Court of Small Causes constituted under this Act, and includes
any person exercising jurisdiction under this Act in any such Court. |
### Title: The Indian Tramways Act, 1886: Section 46. Extension of Act to existing tramways.
### Content: The 1[Government] may, with the consent of the local
authority and road-authority and of the promoter and his lessee (if any), extend any part of this Act, or
any rules made under this Act, either with or without modification, to the whole or any part of a tramway
constructed, or authorised by the 1[Government] to be constructed, before the passing of this Act, and
may withdraw any part of the Act or any rules so extended.
1. Subs. by the A.O.1937, for "L.G.". |
### Title: The Suits Valuation Act, 1887: Section 7. Extent and commencement of Part II.
### Content: This Part 1*** shall come into force on the first day of
July, 1887.
1. The words "extends to the whole of India except Part B States and" omitted by the Adaptation of Laws
(No. 2) Order, 1956. |
### Title: The Provincial Small Cause Courts Act, 1887: Section 28. Subordination of Courts of Small Causes.
### Content: (1) A Court of Small Causes shall be
subject to the administrative control of the District Court and to the superintendence of
the High Court, and shall--
(a) keep such registers, books and accounts as the High Court from time to time
prescribes, and
(b) comply with such requisitions as may be made by the District Court, the High
Court or the State Government for records, returns and statements in such form and
manner as the authority making the requisition directs.
(2) The relation of the District Court to a Court of Small Causes, with respect to
administrative control, shall be the same as that of the District Court to a Civil Court of the
lowest grade competent to try an original suit of the value of five thousand rupees in that
portion of the territories administered by the State Gove rnment in which the Court of Small
Causes is established. |
### Title: The Suits Valuation Act, 1887: Section 2. Extent and commencement of Part I.
### Content: This Part shall extend to such local areas, and
come into force therein on such dates as the 1[State Government], by notification in the Official
Gazette, directs.2
1. Subs. by the Adaption of Laws (No. 2) order, 1956, for "Government of a Part A State or a Part C State".
2. Part I of the Act has, under s. 2, been declared to extend to the Punjab, and to come into force therein on the 1st day of
March, 1889, see Gazette of India, 1889, Pt. I, p. 107. |
### Title: The Provincial Small Cause Courts Act, 1887: Section 30. Abolit ion of Courts of Small Causes.
### Content: The State Government may, by order in
writing, 1abolish a Court of Small Causes.
1. For instance of a notification abolishing a Court of Small Causes (Broach), see Bombay Govt. Gazette, 1907, Pt. 1. p. 339. |
### Title: The Provincial Small Cause Courts Act, 1887: Section 37. Publication of certain orders.
### Content: All orders required by this Act to be made in writing by the
State Government shall be published in the Official Gazette. |
### Title: The Bengal, Agra and Assam Civil Courts Act, 1887: Section 4. Number of District Judges, Subordinate Judges and Munsifs.
### Content: 1
[4. Number of District Judges, Subordinate Judges and Munsifs.—The State Government may
alter the number of District Judges, Subordinate Judges and Munsifs now fixed.]
1. Subs. by 38 of 1920, s. 2 and the First Schedule, for section 4. |
### Title: The Punjab Land-Revenue Act, 1887: Section 45. Suit for declaratory decree by person aggrieved by an entry in a record.
### Content: If any person
considers himself aggrieved as to any right of which he is in the possession by an entry in a
record-of-rights or in an annual record, he may institute a suit for a declaration of his right under Chapter
VI of the Specific Relief Act, 1877 (I of 1877) |
### Title: The Bengal, Agra and Assam Civil Courts Act, 1887: Section 37. Certain decisions to be according to Native law.
### Content: 1(1) Where in any suit or other
proceeding it is necessary for a Civil Court to decide any question regarding succession,
inheritance, marriage or caste, or any religious usage or institution, the Muhammadan law in
cases where the parties are Muhammadans, and the Hindu law in cases where the parties arc
Hindus, shall form the rule of decision except in so far as such law has, by legislative enactment,
been altered or abolished.
(2) In cases not provided for sub-section (1) or by any other law for the time being in force,
the Court shall act according to justice, equity and good conscience.
1. The provisions of this section, in so far as they are inconsistent with- the provisions of the Muslim Personal Law (Shariat)
Application Act, 1937 (26 of 1937), rep. by s. 6 of that Act, but have been revived by s. 3 of Act 16 of 1943. |
### Title: The Punjab Land-Revenue Act, 1887: Section 8. Appointment of Commissioners, and Deputy, Assistant and Extra Assistant Commissioners.
### Content: Commissioners, Deputy Commissioners, Assistant Commissioners and Extra
Assistant Commissioners shall be appointed and may be removed by the Local Government. |
### Title: The Punjab Land-Revenue Act, 1887: Section 39. Penalty for neglect to report acquisition of any right referred to in section 34.
### Content: Any person
neglecting to make the report required by section 34 within three months from the date of his acquisition
of a right referred to in that section shall be liable, at the discretion of the Collector, to a fine not
exceeding five times the amount of the fee which would have been payable according to the scale fixed
under the last foregoing section if the acquisition of the right had been reported immediately after its
accrual. |
### Title: The Provincial Small Cause Courts Act, 1887: Section 27. Finali ty of decrees and orders.
### Content: Save as provided by this Act, a decree or order
made under the foregoing provisions of this Act by a Court of Small Causes shall be
final. |
### Title: The Punjab Land-Revenue Act, 1887: Section 21. Mode of service of notice, order or proclamation or copy thereof.
### Content: A notice, order or
proclamation, or copy of any such document, issued by a Revenue-officer for service of any person shall
be served in the manner provided in the last foregoing section for the service of a summons. |
### Title: The Punjab Land-Revenue Act, 1887: Section 22. Mode of making proclamation.
### Content: When a proclamation relating to any land is issued by a
Revenue-officer, it shall, in addition to any other mode of publication which may be prescribed in any
provision of this Act, be made by beat of drum or other customary method, and by the posting of a copy
thereof on a conspicuous place in or near the land to which it relates. |
### Title: The Punjab Land-Revenue Act, 1887: Section 6. Classes of Revenue-officers.
### Content: (1) There shall be the following classes of Revenue-officers,
namely—
(a) the Financial Commissioner;
(b) the Commissioner;
(c) the Collector;
(d) the Assistant Collector of the first grade; and
(e) the Assistant Collector of the second grade.
(2) The Deputy Commissioner of a district shall be the Collector thereof.
(3) The Local Government may appoint any Assistant Commissioner, Extra Assistant Commissioner
or Tahsildar to be an Assistant Collector of the first or of the second grade, as it thinks fit, and any
Naib-tahsildar to be an Assistant Collector of the second grade.
(4) Appointments under sub-section (3) shall be by notification, and may be of a person specially by
name or by virtue of his office or of more persons than one by any description sufficient for their
identification.
(5) Subject to the provisions or this Act the jurisdiction of the Commissioner extends to the whole of
the territories for the time being administered by the Lieutenant-Governor of the Punjab,
and of Commissioners and of Collectors and Assistant Collectors to the divisions and districts respectively in
which they are for the time being employed. |
### Title: The Punjab Land-Revenue Act, 1887: Section 13. Appeals.
### Content: Save as otherwise provided by this Act, an appeal shall lie form an original or appellate
order of a Revenue-officer as follows, namely :—
(a) to the Collector when the order is made by an Assistant Collector of either grade;
(b) to the Commissioner when the order is made by a Collector;
(c) to the Financial Commissioner when the order is made by a Commissioner.
Provided that—
(i) when an original order is confirmed on first appeal, a further appeal
shall not lie;
(ii) when any such order is modified or reversed on appeal by the Collector, the order made by the
Commissioner on further appeal, if any, to him shall be final. |
### Title: The Punjab Land-Revenue Act, 1887: Section 26. Retention of powers by Revenue-officers on transfer.
### Content: When a Revenue-officer of any class
who has been invested under the foregoing provisions of this Act with any powers to be exercised in any
local area is transferred from that local area to another as a Revenue-officer of the same or a higher class,
he shall continue to exercise those powers in that other local area unless the Local Government otherwise
directs or has otherwise directed. |
### Title: The Punjab Land-Revenue Act, 1887: Section 36. Determination of disputes.
### Content: (1) If during the making, revision or preparation of any record or in
the course of any inquiry under this Chapter a dispute arises as to any matter of which an entry is to be
made in a record or in a register of mutations, a Revenue-officer may of his own motion, or on the
application of any party interested, but subject to the provisions of the next following section, and after
such inquiry as he thinks fit, determine the entry to be made as to that matter.
(2) If any such dispute the Revenue-officer is unable to satisfy himself as to which of the parties
thereto is in possession of any property to which the dispute relates, he shall ascertain by summary
inquiry who is the person best entitled to the property, and shall by order direct that that person be put in
possession thereof, and that an entry in accordance with that order be made in the record or register.
(3) A direction of a Revenue-officer under sub-section (2) shall be subject to any decree or order
which may be subsequently passed by any Court of competent jurisdiction. |
### Title: The Punjab Land-Revenue Act, 1887: Section 43. Compensation for infringement of rights of third parties in exercise of a right of the Government.
### Content: (1) Whenever, in the exercise of any right of the Government referred to in either of the
two last foregoing sections, the rights of any person are infringed by the occupation or disturbance of the
surface of any land, the Government shall pay, or cause to be paid, to that person compensation for the
infringement.
(2) The compensation shall be determined as nearly as may be in accordance with the provisions of the
Land Acquisition Act, 1870 (X of 1870). |
### Title: The Punjab Land-Revenue Act, 1887: Section 66. Certified account to be evidence as to arrear.
### Content: A statement of account certified by a Revenueofficer shall be conclusive proof of the existence of an arrear of land-revenue, of its amount and of the
person who is the defaulter. |
### Title: The Punjab Land-Revenue Act, 1887: Section 54. Assessment to remain in force till new assessment takes effect.
### Content: Notwithstanding the
expiration of the period fixed for the continuance of an assessment under sub-section (3) of the last
foregoing section, the assessment shall remain in force till a new assessment takes effect. |
### Title: The Punjab Land-Revenue Act, 1887: Section 104. Power of Revenue-offices to enter on land for purposes of survey and demarcation.
### Content: Any
Revenue-officer, and any person acting under the orders of a Revenue-officer, may, in the discharge of
any duty under this Act, enter upon and survey land and erect survey-marks thereon and demarcate the
boundaries thereof, and do all other acts necessary for the proper performance of that duty |
### Title: The Punjab Land-Revenue Act, 1887: Section 111. Application for partition.
### Content: Any joint owner of land, or any joint tenant of a tenancy in which a
right of occupancy subsists, may apply to a Revenue-officer for partition of his share in the land or
tenancy, as the case may be, if—.
(a) at the date of the application the share is recorded under Chapter IV as belonging to him, or.
(b) his right to the share has been established by a decree which is still subsisting at the date, or.
(c) a written acknowledgement of that right has been executed by all persons interested in the
admission or denial thereof. |
### Title: The Punjab Land-Revenue Act, 1887: Section 119. Administration of property excluded from partition.
### Content: When any such property as is referred
to in section 112, clause (2), is excluded from partition, the Revenue-officer may determine the extent and
manner to and in which the co-sharers and other persons interested therein may make use thereof, and the
proportion in which the expenditure incurred thereon and profits derived therefrom, respectively, are to be
borne by and divided among those persons or any of them. |
### Title: The Punjab Land-Revenue Act, 1887: Section 124. Power to make rules as to costs of partition.
### Content: The Financial Commissioner may make rules
for determining the costs of partitions under this Chapter and the mode in which such costs are to be
apportioned. |
### Title: The Punjab Land-Revenue Act, 1887: Section 84. Stay of sale.
### Content: If at any time before the bidding at the auction is completed the defaulter pays the
arrears in respect of which the property has been proclaimed for sale, together with the costs incurred for
the recovery thereof, to the officer conducting the sale, or proves to the satisfaction of that officer that he
has already paid the same either at the place and in the manner prescribed under section 63 or into the
Government treasury, the sale shall be stayed. |
### Title: The Punjab Land-Revenue Act, 1887: Section 125. Re-distribution of land according to custom.
### Content: When by established custom any land in an
estate is subject to periodical re-distribution of a Revenue-officer may, on the application of any of the
land-owners, enforce the re-distribution according to the custom, and for this purpose may exercise all or
any of the powers of a Revenue-officer in proceedings, for partition |
### Title: The Punjab Land-Revenue Act, 1887: Section 139. Procedure in case of deposit on account of a payment due to Government.
### Content: If the deposit
purports to be made on account of any payment due to the Government, it may be credited accordingly |
### Title: The Punjab Tenancy Act, 1887.: Section 73. Form of compensation.
### Content: (1) the compensation shall be made by payment in money, unless the
parties agree that it be made in whole or in part by the grant of a beneficial lease of land or in some other
way.
(2) If the parties so agree, the Court or Revenue-officer shall, make an order accordingly |
### Title: The Punjab Tenancy Act, 1887.: Section 25. Discretion as to extent of enhancement or reduction.
### Content: In enhancing or reducing the rent of any
land under the foregoing provisions of this chapter, the Court shall within the limits prescribed by those
provisions, enhance or reduce the rent to such an amount as it considers fair and equitable, but shall not in
any case fix the rent at a sum less than the amount of the land-revenue of the land and the rates and cesses
chargeable thereon |
### Title: The Punjab Tenancy Act, 1887.: Section 31. Power to deposit rent in certain cases with Revenue officer.
### Content: In either of the following cases,
namely:—
(a) when a landlord refuses to receive, or grant a receipt for, any rent payable in money when
tendered to him by a tenant,
(b) when a tenant is in doubt as to the person entitled to receive rent payable in money, the tenant
may apply to a Revenue-officer for leave to deposit the rent in his office, and the Revenue-officer shall
receive the deposit if, after examining the applicant, he is satisfied that there is sufficient ground for
the application and if the applicant pays the fee, if any, chargeable for the issue of the notice next
hereinafter referred to. |
### Title: The Punjab Tenancy Act, 1887.: Section 38. Abandonment of tenancy by occupancy tenant.
### Content: If a tenant having a right of occupancy fails
for more than one year without sufficient cause to cultivate his tenancy, either by himself or some other
person, and to arrange for payment of the rent thereof as it falls due, the right of occupancy shall be
extinguished from the end of that year. |
### Title: The Punjab Land-Revenue Act, 1887: Section 151. Papers kept by village-officers to be deemed public documents.
### Content: (1) Any record or paper
which a village-officer is required by law, or by any rule under this Act, to prepare or keep shall be
deemed to be the property of the Government.
(2) A village-officer shall, with respect to any such record or paper in his custody, be deemed for the
purposes of the Indian Evidence Act, 1872 (I of 1872), to be a public officer having the custody of a
public document which any person has a right to inspect. |
### Title: The Punjab Tenancy Act, 1887.: Section 6. Right of occupancy of other tenants recorded as having the right before passing of Punjab Tenancy Act, 1868.
### Content: A tenant recorded in a record-of-rights sanctioned by the Local Government before
the twenty first day of October, 1868, as a tenant having a right of occupancy in land which he has
continuously occupied from the time of the preparation of that record, shall be deemed to have a right of
occupancy in that land unless the contrary has been established by a decree of a competent Court in a suit
instituted before the passing of this Act. |
### Title: The Punjab Tenancy Act, 1887.: Section 16. Presumption with respect to produce removed before division or appraisement.
### Content: Where rent
is taken by division or appraisement of the produce, if the tenant removes any portion of the produce at
such a time or in such a manner as to prevent the due division or appraisement thereof ,or deals therewith
in a manners contrary to established usage the produce may be deemed to have been as full as the fullest
crop of the same description on similar lands in the neighborhood for that harvest. |
### Title: The Punjab Tenancy Act, 1887.: Section 21. Reduction of rents referred to in the last foregoing section.
### Content: When the land, or any part of the
land, held by a tenant having a right of occupancy to whom the last foregoing section applies ceases to be
irrigated or flooded, the rent payable in respect of the land or part may be reduced to the share or rates, or
with reference to the rent in gross, as the case may be, paid by tenants, having a similar right of
occupancy for unirrigated or unflooded land of a similar description and with similar advantages. |
### Title: The Punjab Tenancy Act, 1887.: Section 28. Alteration of rent on alteration of area.
### Content: (1) Every tenant shall-
(a) be liable to pay additional rent for all land proved to be in excess of the area for which rent has
been preciously paid by him, unless it is proved that the excess is due to the addition to his tenancy of
land which, having previously belonged to the tenancy, was lost by alluvion or otherwise without any
reduction of the rent being made; and
(b) be entitled to and abatement of rent in respect of any deficiency proved to exist in the area of
his tenancy as compared with the area for which rent has been previously paid by him, unless it is
proved that the deficiency is due to the loss of land which was added to the area of the tenancy by
alluvion or otherwise, and that an addition has not been made to the rent in respect of the addition to
the area.
(2) In determining the area for which rent has been previously paid, the Court shall have regard to the
following, among other matters, namely:—
(a) the origin and conditions of the tenant’s occupancy, for instance whether the rent was a rent in
gross for the entire tenancy;
(b) whether the tenant has been allowed to hold additional land in consideration of and addition to
his total rent or otherwise with the knowledge and consent of the landlord; and
(c) the length of time during which there has been no dispute as to rent or area.
(3) In adding to or abating rent under this section, the Court shall add to or abate the rent to such an
amount as it deems to be fair and equitable, and shall specify in its decree the date on and from which the
addition or abatement is to take effect.
(4) An addition to or abatement of rent under this section shall not be deemed an enhancement or
reduction of rent within the meaning of this Act. |
### Title: The Punjab Tenancy Act, 1887.: Section 27. Adjustment of rents expressed in terms of the land revenue.
### Content: (1) Where the rent of a tenancy
is the whole or a share of the land-revenue thereof, with or without an addition in money, kind or service,
and the land-revenue of the holding in which the tenancy is situate is altered, a Revenue-officer having
authority under section 56 of the Punjab Land-revenue Act, 1887 (XVII of 1887), to determine the
land-revenue payable in respect of the several holdings comprised in the estate in which the tenancy is
situate shall determine also the amount of the land-revenue of the tenancy, or the proportionate share
thereof, payable by the tenant as rent.
(2) Where an addition referred to in sub-section (1) is a percentage fixed with reference to the
land-revenue of the tenancy, or the whole or a share of the rates and cesses chargeable thereon, or both,
the Revenue-officer shall in like manner from time to time alter the amount of the addition in proportion
to any alteration of such land-revenue or rates and cesses.
(3) The sum or sums determined under the foregoing sub-sections, together with any addition
previously payable other than the additions referred to in sub-section (2), shall be the rent payable in
respect of the tenancy until there is again an alterations of the land-revenue thereof or of the rates and
cesses chargeable thereon or until the rent is enhanced by a suit under this Act.
(4) An alteration of rent under this section shall not be deemed an enhancement or reduction of rent
within the meaning of this Act. |
### Title: The Punjab Tenancy Act, 1887.: Section 34. Treatment of leases for period exceeding or equal to term of assessment of land revenue.
### Content: (1) Where a lease has been granted, or an agreement has been entered into, by a landowner in respect of
any land assessed to land-revenue, fixing for a period exceeding the term for which the land-revenue has been
assessed the rent or other sum payable in respect of the land under the lease or agreement, and that term has
expired, the lease or agreement shall be voidable—
(a) at the option of the landowner if the land-revenue of the land has been enhanced and the person to
whom the lease has been granted or with whom the agreement has been entered into refuses to pay such
rent or other sum as a Revenue Court, on the suit of the landowner, determines to be fair and equitable;
and
where the relation of landlord and tenant exists between the grantor and grantee of the lease or between
the persons who entered into the agreement—
(b) at the option of the tenant if the land-revenue of the land has been reduced and the landlord refuses
to accept such rent as a Revenue Court, on the suit of the tenant, determines to be fair and equitable.
(2) Any agreement relative to the occupation, rent, profits or produce of any land which has been entered
into for the term of the currency of an assessment shall, unless a contrary intention clearly appears in the
agreement or the agreement is terminated by consent of parties or course of law, continue in force until a
revised assessment takes effect. |
### Title: The Punjab Tenancy Act, 1887.: Section 33. Recovery of rent from attached produce.
### Content: (1) If an order is made by any Court for the
attachment of the produce of a tenancy or of any part of a tenancy, the landlord may apply to the
Revenue-officer by whom the attachment is to be or has been made to sell the produce and pay to him out
of the proceeds of the sale thereof the amount or value of —
(a) any rent which has fallen due to him in respect of the tenancy within the year immediately
preceding the application and
(b) the rent which will be falling due after the harvesting of the produce and is chargeable
against it.
(2) The Revenue-officer shall give the person at whose instance the attachment was made an
opportunity of showing cause why the application of the landlord should not be granted, and, if he finds
the landlord’s claim to the whole or any part of the rent to be proved, he shall cause the produce or such
portion thereof as he may deem necessary to be sold, and shall apply the proceeds of the sale in the first
instance to satisfy the claim.
(3) The finding of the Revenue-officer under sub-section (2) shall have the force of a decree in a suit
between the landlord and the tenant |
### Title: The Punjab Tenancy Act, 1887.: Section 36. Relinquishment by any other tenant.
### Content: (1) Any other tenant may relinquish his tenancy by
giving verbally or in writing to his landlord, or to his landlord’s agent, on or before the fifteenth day of
January in any year, notice of his intention to relinquish the tenancy at the end of the agricultural year
then current.
(2) The tenant may, instead of, or in addition to giving the notice in the manner mentioned in
sub-section (1), apply to a Revenue-officer on or before the date aforesaid to cause the notice to be served
on the landlord, and the Revenue-officer, on receiving the cost of service from the tenant, shall cause the
notice to be served as soon as may be.
(3) If the tenant does not give notice in the manner prescribed in this section, he shall be liable to pay
the rent of his tenancy for any part of the ensuing agricultural year during which the tenancy is not let by
the landlord to some other person or is not cultivated by the landlord himself. |
### Title: The Punjab Tenancy Act, 1887.: Section 50. Relief of wrongful dispossession or ejectment.
### Content: In either of the following cases, namely:-
(a) if a tenant has been dispossessed without his consent of his tenancy or any part thereof
otherwise than in execution of a decree or than in pursuance of an order under section 44 or section 45,
(b) If a tenant who, not having instituted a suit under section 45, has been ejected from his tenancy
or any part thereof in pursuance of an order under that section denies his liability to be ejected,
The tenant may, within one year from the date of his dispossession or ejectment, institute a suit for
recovery of possession or occupancy, or for compensation, or for both. |
### Title: The Punjab Tenancy Act, 1887.: Section 57. Rights and liabilities of transferee of right of occupancy.
### Content: When a right of occupancy has been
transferred by sale, gift or usufructuary mortgage to a person other than the landlord, that person shall, in
respect of the land in which the right subsists, have the same rights, and be subject to the same
liabilities, as the tenant to whom before the transfer the right belonged had and was subject to. |
### Title: The Punjab Tenancy Act, 1887.: Section 62. Enhancement of rent in consideration of an improvement made by a landlord on the tenancy of an occupancy-tenant.
### Content: (1) When a landlord has, with the permission mentioned in the last foregoing
section, made an improvement on the tenancy of a tenant having a right of occupancy, he may apply to
the Collector fir an enhancement of the rent of the tenant.
(2) If the tenant is a tenant to whom section 20 applies, the Collector shall enhance his rent to the share
or rates, or with reference to the rent in gross, as the case may be, paid by tenants, having a similar right
of occupancy, for land of a similar description and with similar advantages.
(3) If the tenant is a tenant to whom section 22 applies, the Collector shall enhance his rent to such
amount as the tenant would be liable to pay under that section if the land-revenue were re-assessed.
(4) When the improvement ceases to exist, the Collector may, on the application of the tenant, reduce
the tenant’s rent,—
(a) in the case of a tenant to whom sub-section (2) applies, to the share or rates, or with reference to
the rent in gross, as the case may be, paid by tenants, having a similar right of occupancy, for land of a
similar description and with similar advantages, and
(b) in the case of a tenant to whom sub-section (3) applies, to such an amount as the tenant would
be liable to pay if the land revenue were re-assessed.
(5) Sections 25 and 26 shall be construed as applying to an application under this section, and a suit
shall not lie in any Court for any purpose for which an application might be made under this section. |
### Title: The Punjab Tenancy Act, 1887.: Section 69. Compensation for disturbance of clearing tenants.
### Content: (1) A tenant who has cleared and brought
under cultivation waste-land in which he has not a right of occupancy shall, if ejected from that land, be
entitled to receive from the landlord as compensation for disturbance, in addition to any compensation for
improvements, a sum to be determined by a Revenue Court or Revenue-officer in accordance with the
merits of the case, but not exceeding five years' rent of the land:
Provided that a tenant who is a joint owner of land to which this section applies shall not be entitled to
compensation for disturbance on ejectment from the land or any part thereof.
(2) If rent has been paid for the land by division or appraisement of the produce, or by rates fixed with
reference to the nature of the crops grown, or if not rent, or no rent other than the land revenue of the land
and the rates and cesses chargeable thereon, has been paid therefor, the compensation may be computed
as if double the amount of the land-revenue of the land were the annual rent thereof. |
### Title: The Punjab Tenancy Act, 1887.: Section 70. Determination of compensation by Revenue Court.
### Content: (1) In every suit by a tenant to contest his
liability to ejectment or by a landlord to eject a tenant or to enhance his rent, the Court shall direct the
tenant to file a statement of his claim, if any, to compensation for improvements or for disturbance and of
the grounds thereof.
(2) If the Court decrees the ejectment of the tenant or the enhancement of his rent, it shall determine
the amount of compensation, if any, due to the tenant, and shall stay execution of the decree until the
landlord pays into Court that amount less any arrears of rent or costs proved to the satisfaction f the Court
to be due to him from the tenant. |
### Title: The Punjab Tenancy Act, 1887.: Section 75. Revenue-officers.
### Content: (1) There shall be the same classes of Revenue-officers under this Act as
under the Punjab Land-revenue Act, 1887 (XVII of 1887) and, in the absence of any order of the Local
Government to the contrary, a Revenue-officer of any class having jurisdiction within any local limits
under that Act shall be a Revenue-officer of the same class having jurisdiction within the same local
limits under this Act.
(2) the expressions “Collector” and “Financial Commissioner” have the same meaning in this Act as in
the Punjab Land-Revenue Act, 1887 |
### Title: The Punjab Tenancy Act, 1887.: Section 78. Superintendence and control of Revenue-officers and Revenue Courts.
### Content: (1) The general
superintendence and control over all other Revenue-officers and Revenue Courts shall be vested in, and
all such officers and Courts shall be
subordinate to, the Financial Commissioner.
(2) Subject to the general superintendence and control of the Financial Commissioner, a
Commissioner shall control all other Revenue-officers and Revenue
Courts in his division.
(3) Subject as aforesaid and to the control of the Commissioner a Collector shall control all other
Revenue-officers and Revenue Courts in his district. |
### Title: The Punjab Tenancy Act, 1887.: Section 85. Procedure of Revenue officers.
### Content: (1) The Local Government may make rules consistent with this
Act for regulating the procedure of Revenue-officers under this Act in cases in which a procedure is not
prescribed by this Act.
(2) The rules may provide, among other matters, for the mode of enforcing orders of ejectment from,
and delivery of possession of, immoveable property, and rules providing for those matters may confer on
a Revenue-officer all or any of the powers in regard to contempts, resistance and the like which a Civil
Court may exercise in the execution of a decree whereby it has adjudged ejectment from, or delivery of
possession of, such property.
(3) The rules may also provide for the mode of executing orders as to costs and may adapt to
proceedings under this Act all or any of the provisions of the Punjab Land-Revenue Act, 1887, (XVII of
1887) with respect to arbitration.
(4) Subject to the rules under this section, a Revenue-officer may refer any case which he is
empowered to dispose of under this Act to another Revenue-officer for investigation and report, and may
decide the case upon the report. |
### Title: The Punjab Tenancy Act, 1887.: Section 79. Power to distribute business and withdraw and transfer cases.
### Content: (1) The Financial
Commissioner or a Commissioner or Collector may by written order distribute, in such manner as he
thinksfit,
any business cognizable by any Revenue-officer
or Revenue Court under his control.
(2) the Financial Commissioner or a Commissioner or Collector may withdraw any case pending
before any Revenue-officer or Revenue Court under his control, and either dispose of it himself or by
written order refer it for disposal to any other Revenue-officer or Revenue Court under his control.
(3) An order under sub-section (1) or sub-section (2) shall not empower any Revenue-officer or
Revenue Court to exercise any powers or deal with any business which he or it would not be competent to
exercise or deal with within the local limits of his or its own jurisdiction. |
### Title: The Punjab Tenancy Act, 1887.: Section 86. Persons by whom appearances may be made before Revenue officers as such and not as Revenue Courts.
### Content: (1) Appearances before a Revenue-officer as such, and application to and acts to be
done before him, under this Act may be made or done.
(a) by the parties themselves, or
(b) by their recognized agents or a legal practitioner :
Provided that the employment of a recognized agent or legal practitioner shall not excuse the personal
attendance of a party to any proceeding in any case in which personal attendance is specially required by
an order of the officer.
(2) For the purposes of sub-section (1), recognized agents shall be such persons as the Local
Government may by notification declare in this behalf.
(3) The fees of a legal practitioner shall not be allowed as cost in any proceeding before a Revenueofficer under this Act, unless that officer considers, for reasons to be recorded by him in writing, that the
fees should be allowed. |
### Title: The Punjab Tenancy Act, 1887.: Section 80. Appeals.
### Content: Subject to the provisions of this Act and the rules thereunder, an appeal shall lie from
an original or appellate order or decree made under this Act by a Revenue-officer or Revenue Court; as
follows, namely :—
(a) to the Collector when the order or decree is made by an Assistant Collector of either grade;
(b) to the Commissioner when the order or decree is made by a
Collector;
(c) to the Financial Commissioner when the order or
decree is made by a Commissioner:
Provided that —
(i) an appeal from an order or decree made by an Assistant Collector of the first grade specially
empowered by name in that behalf by the Local Government in a suit mentioned in the first group
of sub-section (3) of section 77 shall lie to the Commissioner and not to the Collector;
(ii) when an original order or decree is confirmed on first appeal, a further appeal shall not lie;
(iii) when any such order or decree is modified or reversed on appeal by the Collector, the order
or decree made by the Commissioner on further appeal, if any, to him shall be final. |
### Title: The Guardians and Wards Act, 1890: Section 15. Appointment or declaration of several guardians.
### Content: (1) If the law to which the minor is
subject admits of his having two or more joint guardians of his person or property, or both, the Court
may, if it thinks fit, appoint or declare them.
1* * * * *
(4) Separate guardians may be appointed or declared of the person and of the property of a minor.
(5) If a minor has several properties, the Court may, if it thinks fit, appoint or declare a separate
guardian for any one or more of the properties.
1. Sub-sections (2) and (3) omitted by Act 3 of 1951, s. 3 and the Schedule. |
### Title: The Punjab Tenancy Act, 1887.: Section 82. Review by Revenue officers.
### Content: (1) A Revenue-officer, as such, may either of his own motion or
on the application of any party interested, review, and on so reviewing modify, reverse or confirm any
order passed by himself or by any of his predecessors in office :
Provided as follows: —
(a) when a Commissioner or Collector thinks it necessary to review any order which he has not
himself passed and when a Revenue-officer of a class below that of Collector proposes to review any
order whether passed by himself or by any of his predecessors in officer he shall first obtain the
sanction of the Revenue-officer to whose control he is immediately subject;
(b) an application for review of an order shall not be entertained unless it is made within ninety
days from the passing of the order or unless the applicant satisfies the Revenue-officer that he had
sufficient cause for not making the application within that period;
(c) an order shall not be modified or reversed unless reasonable notice has been given to the parties
affected there by to appear and be heard in support of the order;
(d) an order against which an appeal has been preferred shall not be reviewed.
(2) For the purposes of this section the Collector shall be deemed to be the successor in office of any
Revenue-officer of a lower class who has left the district or has ceased to exercise powers as a
Revenue-officer and to whom there is no successor in office.
(3) An appeal shall not lie from an order refusing to review, or confirming on review, a previous order. |
### Title: The Punjab Tenancy Act, 1887.: Section 109. Nullity of certain entries in records-of-rights.
### Content: An entry in any record-of-rights providing.—
(a) that a landlord may prevent a tenant from making, or eject him for making, such improvements
on his tenancy as he is entitled to make under this Act, or
(b) that a tenant ejected form his tenancy shall not be entitled to compensation for improvements
or for disturbance in any case in which he would under this Act be entitled to compensation
therefor, or
(c) that a landlord may eject a tenant otherwise than in accordance with the provisions of this Act,
shall be void to that extent. |
### Title: The Punjab Tenancy Act, 1887.: Section 104. Retention of powers by Revenue officer on transfer.
### Content: When a Revenue-officer of any class
who, either as such or as a Revenue Court, has under the foregoing provisions of this Act any powers to
be exercised in any local area is transferred from that local area to another as a Revenue-officer or
Revenue Court of the same or a higher, class, he shall continue to exercise those powers in that other local
area, unless the Local Government otherwise directs or has otherwise directed. |
### Title: The Punjab Tenancy Act, 1887.: Section 105. Conferment of powers of Revenue officer or Revenue Court.
### Content: (1) The Local Government may
by notification confer on any person.—
(a) all or any of the powers of a Financial Commissioner, Commissioner or Collector under this
Act, or
(b) all or any of the powers with which an Assistant Collector of either grade is, or may be,
invested thereunder,
and may by notification withdraw any powers as conferred.
(2) A person on whom powers are conferred under sub-section (1) shall exercise those powers within
such local limits and in such classes of cases as the Local Government may direct, and, except as
otherwise directed by the Local Government, shall for all purposes connected with the exercise thereof be
deemed a Financial Commissioner, Commissioner, Collector or Assistant Collector, as the case may be.
(3) Before conferring powers on the Judge of a Civil Court under sub-section (1), the Local
Government shall consult the Chief Court.
(4) If any of the powers of a Collector under section 78, section 79, section 80 or section 82 are
conferred on an Assistant Collector, they shall, unless the Local Government by special order otherwise
directs, be exercised by him subject to the control of the Collector. |
### Title: The King of Oudh's Estate Act, 1887: Section 2. Indemnity to Agent to the Governor General.
### Content: The Agent to the Governor General with His
late Majesty, and all persons acting under his order, are hereby indemnified and discharged from
liability in respect of all acts done by him or them since the twentieth day or September, 1887, in
connection with the preservation and administration of the estate of His late Majesty, and no suit or
other proceeding shall be instituted in any Court against him or them, or against the Secretary of State
for India in Council, in respect of those acts or any of them |
### Title: The King of Oudh's Estate Act, 1887: Section 3. Effect of Act.
### Content: This Act shall take effect notwithstanding any testamentary or other disposition
which may have been made by His late Majesty, and notwithstanding any proceedings which may
have been or may be instituted before any Civil Court for administering his estate or collecting the
debts due to it, and any person who under any probate howsoever, has received or realised any portion
of the estate of His late Majesty shall be bound to account therefor to such officer as the Governor
General in Council may appoint in this behalf. |
### Title: The Guardians and Wards Act, 1890: Section 13. Hearing of evidence before making of order.
### Content: On the day fixed for the hearing of the
application, or as soon afterwards as may be, the Court shall hear such evidence as may be adduced in
support of or in opposition to the application. |
### Title: The Charitable Endowments Act, 1890: Section 6. Mode of applying for vesting orders and schemes.
### Content: (1) The application referred to in the
two last foregoing sections must be made,--
(a) If the property is already held in trust for a charitable purpose, then by the person acting in
the administration of the trust, or, where there are more persons than one so acting, then by those
persons or a majority of them; and
(b) If the property is to be applied in trust for such a purpose then by the person or persons
proposing so to apply it.
(2) For the purposes of this section the executor or administrator of a deceased trustee of property
held in trust for a charitable purpose shall be deemed to be a person acting in the administration of the
trust.1
STATE AMENDMENTS
Uttar Pradesh.--
Addition of section 6-A in Act II of 1890.--After section 6 of the Charitable Endowments Act,
1890, the following shall be inserted as section 6-A.
"6-A. (1) If the State Government is satisfied upon representation made or otherwise, that in any
case, where any property has already vested in the Treasurer of Charitable Endowments under section
4 and a scheme has been settled under section 5 that the person or persons acting in the administration
thereof are wasting or mal-administering the same, it may by notice require the person or persons to
show cause why the scheme settled for administration be not modified or substituted by another
scheme.
(2) The notice under sub-section (1) shall be served in such manner as may be specified.
(3) Where the person or persons served with the notice fail to show cause within the time allowed
or the Government is satisfied after considering their explanation, if any, and making such enquiry as
it may deem necessary that the property is being wasted or mal-administered it may notwithstanding
anything contained in section 5 or 6, modify the scheme or substitute another scheme in its place.dbtqts
[Vide the Uttar Pradesh Act 37 of 1952, s. 2]
1. A new sub-section (3), applicable only to Bengal, has been added by the Bengal Wakf Act, 1934 (Ben. 13 of 1934), s. 80. |
### Title: The Guardians and Wards Act, 1890: Section 18. Appointment or declaration of Collector in virtue of office.
### Content: Where a Collector is
appointed or declared by the Court in virtue of his office to be guardian of the person or property, or
both, of a minor, the order appointing or declaring him shall be deemed to authorize and require the
person for the time being holding the office to act as guardian of the minor with respect to his person
or property, or both, as the case may be. |
### Title: The Charitable Endowments Act, 1890: Section 9. Annual publication of list of properties vested in treasurer.
### Content: A treasurer of Charitable
Endowments shall cause to be published annually in the Official Gazette, at such time as
the 1[appropriate Government] may direct, a list of all properties for the time being vested in him
under this Act and an abstract of all accounts kept by him under section 2 of the last foregoing
section.
1. Subs. by the A.O. 1937, for "Local Government". |
### Title: The Revenue Recovery Act, 1890: Section 3. Recovery of public demands by enforcement of processes in other districts than those in which they become payable.
### Content: (1) Where an arrear of land-revenue, or a sum recoverable as an arrear of
land-revenue, is payable to a Collector by a defaulter being or having property in a district other than that
in which the arrear accrued or the sum is payable, the Collector may send to the Collector of that other
district a certificate in the form as nearly as may be of the Schedule, stating--
(a) the name of the defaulter and such other particulars as may be necessary for his identification,
and
(b) the amount payable by him and the account on which it is due.
(2) The certificate shall be signed by the Collector making it 1[or by any officer to whom such
Collector may, by order in writing, delegate this duty], and, save as otherwise provided by this Act, shall
be conclusive proof of the matters therein stated.
(3) The Collector of the other district shall, on receiving the certificate, proceed to recover the
amount stated therein as if it were an arrear of land-revenue which had accrued in his own district.
STATE AMENDMENT
Assam
Insertion of new section.--After Section 3 of the principal Act, the following shall be inserted as section 3A, namely:--
“3A.--Certificate Officers to perform the functions of Collector in respect of certificates received.--Notwithstanding anything to the contrary contained in this Act, when any certificate is received under this Act, by the Collector of a District, any certificate officer in the district may exercise all the powers and perform all the duties and functions of such Collector under this Act, in respect of such certificate.
Explanation--In this section ‘Certificate Officer’ has the same meaning as in the Bengal Public Demands Recovery Act, 1913 (Bengal Act III of 1913).”
[Vide Assam Act 16 of 1971, s. 2.]
1. Ins. by Act 4 of 1914, s. 2 and the Schedule, Part I. |
### Title: The Guardians and Wards Act, 1890: Section 14. Simultaneous proceedings in different Courts.
### Content: (1) If proceedings for the appointment or
declaration of a guardian of a minor arc taken in more Courts than one, each of those Courts shall, on
being apprised of the proceedings in the other Court or Courts, stay the proceedings before itself.
(2) If the Courts are both or all subordinate to the same High Court, they shall report the case to the
High Court, and the High Court shall determine in which of the Courts the proceedings with respect to
the appointment or declaration of a guardian of the minor shall be had.
1[(3) In any other case in which proceedings arc stayed under. sub-section (1), the Courts shall
report the case to, and be guided by such orders as they may receive from, their respective State
Governments]
1. Subs. by the A.O. 1937, for sub-section (3). |
### Title: The Guardians and Wards Act, 1890: Section 22. Remuneration of guardian.
### Content: (1) A guardian appointed or declared by the Court shall be
entitled to such allowance, if any, as the Court thinks fit for his care and paints in the execution of his
duties.
(2) When an officer of the Government, as such officer, is so appointed or declared to be guardian,
such fees shall be paid to the Government out of the property of the ward as the State Government, by
general or special order, directs. |
### Title: The Guardians and Wards Act, 1890: Section 30. Voidability of transfers made in contravention of section 28 or section 29.
### Content: A disposal of
immovable property by a guardian in contravention of either of the two last foregoing sections is
voidable at the instance of any other person affected thereby. |
### Title: The North-western Provinces and Oudh Act, 1890: Section 60. [Repealed.].
### Content: Rep. by the Repealing Act, 1938 (1 of 1938). |
### Title: The Guardians and Wards Act, 1890: Section 9. Court having jurisdiction to entertain application.
### Content: (1) If the application is with respect to
the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction
in the place where the minor ordinarily resides.
(2) If the application is with respect to the guardianship of the property of the minor, it may be
made either to the District Court having jurisdiction in the place where the minor ordinarily resides or
to a District Court having jurisdiction in a place where he has property.
(3) If an application with respect to the guardianship of the property of a minor is made to a
District Court other than that having jurisdiction in the place where the minor ordinarily resides, the
Court may return the application if in its opinion the application would be disposed of more justly or
conveniently by any other District Court having jurisdiction. |
### Title: The Guardians and Wards Act, 1890: Section 16. Appointment or declaration of guardian for property beyond jurisdiction of the Court.
### Content: If the Court appoints or declares a guardian for any property situate beyond the
local limits of its jurisdiction, the Court having jurisdiction in the place where the property is situate shall, on production of a certified copy of the order appointing or declaring the
guardian, accept him as duly appointed or declared and give effect to the order. |
### Title: The Guardians and Wards Act, 1890: Section 21. Capacity of minors to act as guardians.
### Content: A minor is incompetent to act as guardian of any
minor except his own wife or child or where he is the managing member of an undivided Hindu
family, the wife or child of another minor Member of that family. |
### Title: The Guardians and Wards Act, 1890: Section 42. Appointment of successor to guardian dead, discharged or removed.
### Content: When a guardian
appointed or declared by the Cowl is discharged, or, under the law to which the ward is subject,
ceases to be entitled to act, or when any such guardian or a guardian appointed by will or other
instrument is removed or dies, the Court, of its own motion or on application under Chapter II, may, if
the ward is still a minor, appoint or declare another guardian of his person or property, or both, as the
case may be. |
### Title: The Guardians and Wards Act, 1890: Section 49. Costs.
### Content: The costs of any proceeding under this Act, including the costs of maintaining a
guardian or other person in the civil jail, shall, subject to any rules made by the High Court under this
Act, be in the discretion of the Court in which the proceeding is had. |
### Title: The North-western Provinces and Oudh Act, 1890: Section 2. Commencement of Part I.
### Content: This Part shall come into force on such day1
as the said LieutenantGovernor may, by notification in the Official Gazette, direct. |
### Title: The Moorshedabad Act, 1891: Section 2. Confirmation of indenture of March, 1891.
### Content: The said indenture is hereby
confirmed. |
### Title: The North-western Provinces and Oudh Act, 1890: Section 7. Discharge of functions assigned to Deputy Commissioner and Commissioner by Act 17 of 1866.
### Content: The functions assigned to the Deputy Commissioner and the Commissioner by the Jhansi and
Morar Act, 18861
(17 of 1886), shall be discharged by the District Judge and the High Court,
respectively, and references to Courts in the Jhansi district subordinate to the Commissioner shall be
deemed to apply to the Civil Courts established in that district under the Bengal, 2North-Western
Provinces and Assam Civil Courts Act, 1887 (12 of 1887).
1. Rep. by Act 42 of 1953.
2. “Agra” has been subs. for “North-Western Provinces” by Act 16 of 1911. |
### Title: The Guardians and Wards Act, 1890: Section 53. [Repealed.].
### Content: [Amendment of Chapter XXXI of the Code of Civil Procedure].
Rep. by the Code of Civil
Procedure, 1908 (5 of 1908), s. 156 and the Fifth Schedule. |
### Title: The Partition Act, 1893: Section 10. Application of Act to pending suits.
### Content: This Act shall apply to suits instituted before the
commencement thereof, in which no scheme for the partition of the partition has been finally approved by
the court |
### Title: The Guardians and Wards Act, 1890: Section 33. Right of guardian so appointed or declared to apply to the Court for opinion in management of property, of ward.
### Content: (1) A guardian appointed or declared by the Court may
apply by petition to the Court which appointed or declared him for its opinion, advice or direction
on any present question respecting the management or administration of the property of his ward.
(2) If the Court considers the question to be proper for summary disposal, it shall cause a copy of
the petition to be served on, and the hearing thereof may be attended by, such of the persons interested
in the application as the Court thinks fit.
(3) The guardian stating in good faith the facts in the petition and acting upon the opinion, advice
or direction given by the Court shall be deemed, so far as regards his own responsibility, to have
performed his duty as guardian in the subject-matter of the application. |
### Title: The Bankers Books Evidence Act, 1891: Section 3. Power to extend provisions of Act.
### Content: The State Government may, from time to time, by
notification in the Official Gazette, extend the provisions of this Act to the books of any partnership or
individual carrying on the business of bankers within the territories under its administration, and keeping
a set of not less than three ordinary account-books, namely, a cashbook, a day-book or journal, and a
ledger, and may in like manner rescind any such notification. |
### Title: The North-western Provinces and Oudh Act, 1890: Section 64. [Repealed.].
### Content: [Amendment of section 4, Act 19 of 1873.] Rep. by the United Provinces Land-revenue
Act, 1901 (U.P. Act 3 of 1901). |
### Title: The North-western Provinces and Oudh Act, 1890: Section 11. Board of Revenue of the North-Western Provinces to be the Board of Revenue of, and Chief Revenue-authority in, Oudh.
### Content: (1) On and from the day on which this Part comes into force
the Board of Revenue constituted under the North-Western Provinces Land-revenue Act, 18731
(19 of 1873), shall be deemed to be also the Board of Revenue for the territories administered by the Chief Commissioner of Oudh, and shall be known and designated as the Board of Revenue of the NorthWestern Provinces and Oudh2.
(2) All references made in any enactment as amended by this Part to the Board of Revenue shall be
deemed, so far as they relate to Oudh, to refer to the said Board.
(3) In any enactment for the time being in force in the territories administered by the Chief
Commissioner of Oudh, in which the expression “Chief Revenue-authority” or “Chief Controlling
Revenue-authority” is used, the expression shall, subject to the provisions of any enactment passed
after the said day3
, be construed, so far as the said territories are concerned, as referring to the Board
of Revenue of the North-Western Provinces and Oudh2
.
1. Since rep. by the U.P. Land-revenue Act,1901 (U.P. 3 of 1901), s. 2, but not so as to affect anything done under Act 19 of
1873, see s. 3.
2. Now the Board of Revenue of the U.P.
3. 1st January, 1891, see the North-Western Provinces and Oudh Gazette, 1890, Pt. I, p.661. |
### Title: The Moorshedabad Act, 1891: Section 3. Additions to schedule to indenture.
### Content: (1) The Governor General in Council, by
notification in the Gazette of India, may in his discretion, on the written request of the Nawab
Bahadoor of Moorshedabad for the time being, add, in such form as the Governor General in Council
may think fit, to the schedules of immoveable property which are annexed to the said indenture any
additional immoveable property which may be acquired from time to time for the maintenance of the
position and dignity of the Nawab Bahadoor of Moorshedabad for the time being.
(2) No such notification as is referred to in sub-section (1) shall be made without such previous
publication as would be necessary under section 6 of the General Clauses Act, 1887, in the case of a
rule to be made under an enactment to which that section applies.
(3) The publication in the Gazette of India of such a notification, as having been made by the
Governor General in Council, shall, subject to any further order of the Governor General in Council,
be conclusive proof with respect to the subject-matter of the notification. |
### Title: The Moorshedabad Act, 1891: Section 5. Perpetual descent of property.
### Content: All property, moveable and immoveable, mentioned in the
said indenture, or in any of the schedules thereto or in any addition which under section 3 may from
time to time be made to those schedules or any of them, shall descend and, subject to the provisions of
the said indenture, be enjoyed for ever by the Nawab Bahadoor of Moorshedabad for the time being. |
### Title: The Bengal Military Police Act, 1892.: Section 8. Place of imprisonment.
### Content: A person sentenced under this Act to imprisonment for a period not
exceeding three months shall, when he is also dismissed from the Bengal Police Force, be imprisoned in
the nearest or such other jail as the Local Government may, by general or special order, direct; but, when
he is not also dismissed from that force, he may, if the convicting officer or District Magistrate so directs,
be confined in the quarter-guard or such other place as the convicting officer or District Magistrate may
consider suitable. |
### Title: The Bankers Books Evidence Act, 1891: Section 8. Order of court to be construed to be order made by specified officer.
### Content: 1[8. Order of court to be construed to be order made by specified officer.-- In the application of
sections 5, 6 and 7 to any investigation or inquiry referred to in sub-clause (iii) of clause (4) of section 2,
the order of al Court or a Judge referred to in the said sections shall be construed as referring to an order
made by an officer of a rank not lower than the rank of a Superintendent of Police as may be specified in
this behalf by the appropriate Government.
Explanation.--In the this section, "appropriate Government" means the Government by which the
police officer or any other person conducting the investigation or inquiry is employed.
1. Ins. by Act 1 of 1984, s. 2 (w.e.f. 15-2-1984). |
### Title: The Bengal Military Police Act, 1892.: Section 4. Classes and grades of Military Police-officers.
### Content: (1) There may be all or any of the following
classes of Military Police-officers, which shall take rank in the order mentioned, namely: —
(i) subadars-major,
(ii) subadars,
(iii) jamadars,
(iv) havildars-major,
(v) havildars,
(iv) naiks,
(vii) buglers, and
(viii) sepoys,
and such grades in each class as the Local Government may direct.
(2) The expression “superior officer” in this Act means in relation to any Police-officer—
(a) any officer of a higher class than or of a higher grade in the same class as himself, and
(b) any Second-in-Command, Commandant or District Magistrate. |
### Title: The Partition Act, 1893: Section 5. Representation of parties under disability.
### Content: In any suit for partition a request for sale may be
made or an undertaking, or application for leave, to buy may be given or made on behalf of any party
under disability by any person authorised to act on behalf of such party in such suit, but the court shall not
be bound to comply with any such request, undertaking or application unless it is of opinion that the sale
or purchase will be for the benefit of the party under such disability. |
### Title: The Partition Act, 1893: Section 2. Power to court to order sale instead of division in partition suits.
### Content: Whenever in any suit for
partition in which, if instituted prior to the commencement of this Act, a decree for partition might have
been made, it appears to the court that, by reason of the nature of the properly to which the suit relates, or
of the number of the shareholders therein, or of any other special circumstance, a division of the property
cannot reasonably or conveniently be made, and that a sale of the property and distribution of the
proceeds would be more beneficial for all the shareholders, the court may, if it thinks fit, on the request of
any of such shareholders interested individually or collectively to the extent of one moiety or upwards,
direct a sale of the property and a distribution of the proceeds. |
### Title: The Partition Act, 1893: Section 3. Procedure when sharer undertakes to buy.
### Content: (1) If, in any case in which the court is requested
under the last foregoing section to direct a sale, any other shareholder applies for leave to buy at a
valuation the share or shares of the party or parties asking for a sale, the court shall order a valuation of
the share or shares in such manner as it may think fit and offer to sell the same to such shareholder at the
price so ascertained, and may give all necessary and proper directions in that behalf.
(2) If two or more shareholders severally apply for leave to buy as provided in sub-section (1), the
court shall order a sale of the share or shares to the shareholder who offers to pay the highest price above
the valuation made by the court.
(3) If no such shareholder is willing to buy such share or shares at the price so ascertained, the
applicant or applicants shall be liable to pay all costs of or incident to the application or applications. |
### Title: The Partition Act, 1893: Section 1. Title, extent and saving.
### Content: (1) This Act may be called the Partition Act, 1893.
(2) It extends to the whole of India 1*** 2***.
3*****
(4) But nothing herein contained shall be deemed to affect any local law providing for the partition of immoveable property paying revenue to Government.
1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10-2019)..
2. The word "and" rep. by Act 10 of 1914, s. 3 and the Second Schedule.
3. Sub-section (3) rep. by s. 3 and the Second Schedule, ibid. |
### Title: The Partition Act, 1893: Section 6. Reserved bidding and bidding by shareholders.
### Content: (1) Every sale under section 2 shall be subject
to a reserved bidding, and the amount of such bidding shall be fixed by the court in such manner as it may
think fit and may be varied from time to time.
(2) On any such sale any of the shareholders shall be at liberty to bid at the sale on such terms as to
non-payment of deposit or as to setting off or accounting for the purchase-money or any part thereof
instead of paying the same as to the court may seem reasonable.
(3) If two or more persons, of whom one is a shareholder in the property, respectively advance the
same sum at any bidding at such sale, such bidding shall be deemed to be the bidding of the shareholder. |
### Title: The Sir Dinshaw Manockjee Petit Act, 1893: Section 10. Limitation of transfers to life of transferor.
### Content: Save as regards the ultimate remainders or
reversions, hereinbefore limited in trust for the said Sir Dinshaw Manockjee Petit, his heirs, executors,
administrators and assigns respectively, so long as the said title and dignity of Baronet shall endure, and
until there shall be a failure of heirs male of the body of the said Sir Dinshaw Manockjee Petit, to whom
the said title and dignity of Baronet might descend pursuant to the limitations of the Patent whereby the
said dignity was granted, neither the said Sir Djnshaw Manockjee Petit nor the said Ftamjee Dinshaw Petit
nor any of the heirs male of their respective bodies in whose favour trusts are hereinbefore declared of the
dividends, interest and annual income of the said bonds, stocks, funds and securities or of the said Mansionhouse and hereditaments called Petit Hall, shall transfer, dispose of, alien, convey, charge or encumber the
said bonds, stocks, funds and securities, or any part thereof, or the dividends, interest and annual income
thereof, or of any part thereof, or the said Mansion-house or hereditaments, or any part thereof, for any
greater or larger estate, interest or time than during his natural life, and for such portion thereof only as he
shall continue to use the names of Dinshaw Manockjee Petit, nor shall any such person as aforesaid either
alone or jointly with any other or others of them or with any other person or persons whomsoever have any
power to discontinue or bar the estates tail hereinbefore limited in trust for the heirs male of the respective
bodies of the said Framjee Dinshaw Petit and Sir Dinshaw Manockjee Petit, or either of them, or any estate
or interest hereby or herein created or declared in trust or for the benefit of any person or persons for whose
benefit trusts are declared by this Act of the dividends, interest and annual income of the said bonds, stocks,
funds and securities, or of the said Mansion-house, hereditaments and the rents and profits thereof, or to
prevent any such person or persons from succeeding to, holding or enjoying, receiving or taking the same
premises according to the true intent of the provisions herein. before contained, nor shall the same premises
or any of them be held by any Court of law or equity to have vested in any such person as aforesaid for any
greater estate or interest than during his life, and only during such portion thereof as he shall continue to
use the names of Dinsbaw Manockjee Petit, and every attempt to male any conveyance, assignment or
assurance contrary to the intention of this Act shall be, and is hereby, declared and enacted to be void |
### Title: The Prisons Act, 1894: Section 31. Maintenance of certain prisoners from private sources.
### Content: A civil prisoner or an
unconvicted criminal prisoner shall be permitted to maintain himself, and to purchase, or receive from
private sources at proper hours, food, clothing, bedding or other necessaries, but subject to examination
and to such rules as may be approved by the Inspector General. |
Subsets and Splits