THIS CENTRAL PROVINCES LAWS ACT, 1875

Sun Feb 27 2022 | Constitutional | Comments (0)

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Year : 1875

[Act No. 20 of 1875]


An Act to declare and amend the law in force in the Central Provinces.

WHEREAS it is expedient to declare and amend certain portions of law in force in the Central Provinces;

It is hereby enacted as follows:-

Section -1 Short title.

This Act may be called the Central Provinces Laws Act, 1875:-

Local extent.-

It extends to the territories now under the administration of the state Government of the Central Provinces;

Section -2 Repeal of enactments and rules.

On and from the date on which this Act comes into force the following shall be repealed, that is to say-

(a) All Bengal Regulations except the Regulations or parts of Regulations hereinafter declared to be in force;

(b) All {Subs.by the A O.1950 for Acts of the Central Legislature .} [Central Acts] (except the Acts mentioned in the schedule hereto annexed) which do not expressly or by necessary implication extend to the said territories or any part thereof, and have not been extended thereto in exercise of a power conferred by a {Subs., ibid, for Act of the Central Legislature .} [Central Act];

(c) All rules, regulations and enactments not being Statutes, Bengal Regulations, {Subs.by the A.O.1950 for Acts of the Central Legislature.} [Central Acts], or rules or regulations made in exercise of a power conferred by a Statute, Bengal Regulation or {Subs., ibid., for Act of the Central Legislature.} [Central Act].

{The proviso as to the law relating to land-revenue and Courts of Wards was rep.by Act 12 of 1891.}

Section -3 Certain enactments to be deemed to be in force.

On and from the said date the enactments specified in the schedule hereto annexed shall be deemed to be in force throughout the said territories to the extent mentioned in the third column of the, said schedule. But the powers and duties incident to the operation of the same enactments, so far as such powers and duties are referred to in the fourth column of the said schedule, shall be exercised and performed y the authorities mentioned in that column nothing in this section shall be deemed to affect the operation of any enactment not mentioned in the said schedule.

Section -4 Confirmation of existing Acts.

Every {Subs.by the A.O.1950 for Act of the Central Legislature} [Central Act] which extends, or can by notification be extended, to the territories which were under the administration of the state Government at the time of the passing thereof.shall extend, or may by notification be extended, as the case may be to all the territories now under the administration of the said State Government.

{The provisions of this section have been repealed in so far as they are inconsistent with the provisions of the Muslim Personal Law (Shariat ) Application Act 1937 (26 of 1937); see s.6 of that Act.}

Section -5 Rule of decision in cases of certain classes.

In questions regarding inheritance, special property of females, betrothal, marriage, dower, adoption guardianship, minority, bastardy, family relations wills ,legacies, gifts, partitions or any religious usage or institution, the rule of decision shall be the Muhammadan law in cases where the parties are Muhammadans, and the in Hindu law in cases where the parties are Hindus, except in so far a such law has been by legislative enactment altered or abolished, or is opposed to the provisions of this Act:

Provided that when among any class or body of persons or among the members of any family any custom prevails which is inconsistent the law applicable between such persons under this section, and which, if not inconsistent with such law, would have been given effect to as legally binding, such custom shall, notwithstanding anything herein contained, be given effect to.

Section -6 Rules in cases not expressly provided for.

In cases not provided for by section 5, or by any other law for the time being in force, the Courts shall act according to justice equity and good conscience.

Section -7 Articles exempt from attachment.

Implements of husbandry and cattle for agricuitural purposes and implements of trade are exam executed from attachment and sale in execution of decrees of the Civil Courts.

Section -8 Power to make subsidiary rules.

The said State Government may from time to time make rules consistent with this Act as to the following matters -

(a) The maintenance of watch and ward and the establishment of proper system of conservancy and sanitation at fairs and other large public assemblies;

(b) The imposition of taxes for the purposes mentioned in clause

(a) Of this section on persons holding or joining any of the assemblies therein referred to;

(c) The custody of judicial records, civil and criminal; {The words and the destruction from time to time of such of the said records as it may be deemed unnecessary to keep rep.by Act 3 of 1879.}

{Cl.(d) Relating to the appointment, duties, punishment, suspension and dismissal of all ministerial officers was rep.by the A.O.1937.}

Section -9 Penalty for breach of rules.

The State Government may, in making any rule under this Act attach to the breach of it, in addition to any other consequences that would ensue from such breach a punishment, on conviction before a Magistrate, not exceeding one month$s imprisonment, or two hundred rupees fine, or both.

Section -10 Publication of rules.Force of rules.

All rules made under this Act shall {The words when sanctioned by the G.G.in C.rep.by Act 38 of 1920, s.2 and Sch.I.} be published in the {Subs.by the A.O.1937 for C.P.Gazette.} [Official Gazette] and shall thereupon have the force of law.

Section -11 Local repeal in part of code of civil Procedure.

Sections 184, 185 and 189 of the Code of Civil Procedure {See now the Code of Civil Procedure, 1908 (5 READ MORE

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