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NORTH-WESTERN PROVINCES AND OUDH ACT 1890

ACT NO. 20 OF 1890

[16th October, 1890.]

Title. 1. Title. This Act may be called the North-Western Provinces and Oudh Act, 1890. PART THE NORTH-WESTERN PROVINCES PART I THE NORTH-WESTERN PROVINCES 2. This Part shall come into force on such day1* as the said Lieutenant-Governor may, by notification in the Official Gazette, direct. 3 an Commencement of Part I. 3 and 4. Commencement of Part I. [Amendment of Act 19 of 1873.] Rep. by the United Provinces Land-revenue Act, 1901 (U.P. Act 3 of 1901). And whereas it has been determined to annex the Jhansi Division, comprising the districts of Jhansi, Jalaun and Lalatpur, to the Allahabad Division; And whereas the said Jhansi Division is a Schedule District under the Scheduled Districts Act, 1874 (14 of 1874); 2* And whereas it is expedient that the law in force in the same division should, on such annexation, be the same as the law in force in the temporarily-settled districts comprised in the Allahabad Division, and that the said division should cease to be a Scheduled District; ---------------------------------------------------------------------- 1. The 1st April, 1891, see North-Western Provinces and Oudh Gazette, 1891, Pt. I, p. 130. 2. Since rep. by the A. O. 1937. 78 It is hereby enacted as follows:--

Laws in force in certain districts of the Allahabad Division to applyto Jhansi. 5. Laws in force in certain districts of the Allahabad Division

to apply to Jhansi. (1) All enactments which shall on the day1* when this Part comes into force be in force in the said temporarily-settled districts and not in the said Jhansi Division shall be deemed to come into force in that Division on and from the said day.

(2) Except the Jhansi Encumbered Estates Act, 1882 2* (16 of 1882), and the Jhansi and Morar Act, 1886 3*, (17 of 1886), all enactments which shall on the said day1* be in force in the said division and not in the said temporarily-settled districts, including the Jhansi Courts Act, 1867 (18 of 1867), and Act No. 27 of 1867, shall be deemed to be repealed on and from the said day1* in the said division.

Amendment 1 of Act 16 of 1882. 6. [Amendment of Act 16 of 1882.] Rep. by the Bundelkhand Encumbered Estates Act, 1903 (U.P. Act 1 of 1903).

Discharge of functions assigned to Deputy Commissioner andCommissioner by Act 17 of 1886. 7. Discharge of functions assigned to Deputy Commissioner and Commissioner by Act 17 of 1886. The functions assigned to the Deputy Commissioner and the Commissioner by the Jhansi and Morar Act, 1886, 3* (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, 4*North-Western Provinces and Assam Civil Courts Act, 1887 (12 of 1887).

Jhansi Division to cease to be a Scheduled District.

8. Jhansi Division to cease to be a Scheduled District. (1) On and from the said day1* the said division shall cease to be a Scheduled District 5***.

Application of Act 12 of 1887 to Jhansi, and disposal of pendingcases. 9. Application of Act 12 of 1887 to Jhansi, and disposal of pending cases. 6* * * * *

(2) All cases or proceedings pending in any Civil Court in the said division on the said day 1* shall be disposed of as follows:-- (a) if pending in the Court of a Tahsildar or of an Assistant Commissioner of the second class--by the Munsif; ---------------------------------------------------------------------- 1. That is, the 1st April, 1891. 2. Since rep. by the Bundelkhand Encumbered Estates Act, 1903 (U.P. 1 of 1903). 3. Rep. by Act 42 of 1953. 4. "Agra" has been subs. for "North-Western Provinces" by Act 16 of

rep. by Act 1 of 1938, s. 2 and Sch.

6. Sub-section (1) rep., ibid. 79 (b) if pending in the Court of an Assistant Commissioner of the first class-by the Subordinate Judge; (c) if pending in the Court of a Deputy Commissioner--by the District Judge; (d) if pending in the Court of the Commissioner--by the District Judge, unless the case pending is an appeal from a decree or order of the Deputy Commissioner, in which case the appeal shall be disposed of by the High Court.

(3) For the purposes of sections 20 to 22, both inclusive, of the Bengal, 1*North-Western Provinces and Assam Civil Courts Act, 1887 (12 of 1887), all decrees and orders passed by Civil Courts in the said division and not appealed against before the said day2* shall be deemed-- (a) if passed by the Court of a Tahsildar or an Assistant Commissioner of the second class--to have been passed by a Munsif; (b) if passed by the Court of an Assistant Commissioner of the first class--to have been passed by a Subordinate Judge; (c) if passed by the Court of a Deputy Commissioner or the Commissioner--to have been passed by a District Judge.

(4) Where any Civil Court ceases by reason of the passing of this Act to have jurisdiction with respect to any case, any proceeding in relation to that case which, if that Court had not ceased to have jurisdiction, might have been had therein, may be had in the Court to which the business of the former Court is transferred by sub-section

(2); but this sub-section shall not apply to cases for which provision is made in section 623 or section 649 of the Code of Civil Procedure. 3* (14 of 1882).

(5) In the case of appeals from the decrees and orders mentioned

in sub-section (3) the period of limitation shall be calculated in accordance with the provisions of section 15 of the Jhansi Courts Act, 1867 4* (18 of 1867), as though this Act had not been passed. PART OUDH PART II OUDH

Commencement of Part II. 10. Commencement of Part II. This Part shall come into force on such day5* as the Chief Commissioner of Oudh may, by notification in the Official Gazette, direct. ---------------------------------------------------------------------- 1. "Agra" has been subs. for "North-Western Provinces" by Act 16 of

3. See now the Code of Civil Procedure, 1908 (5 of 1908).

4. Act 18 of 1867 rep. by s. 5 (2) of this Act. 5. 1st January, 1891, see the North-Western Provinces and Oudh Gazette, 1890, Pt. I, p. 661. 80

Board of Revenue of the North-Western Provinces to be the Board ofRevenue-of, and Chief Revenue-authority in, Oudh. 11. Board of Revenue of the North-Western Provinces to be the

Board of Revenue-of, and Chief Revenue-authority in, Oudh. (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, 1873, 1* (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 North- Western Provinces and Oudh. 2*

(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 day, 3* be construed, so far as the said territories are concerned, as referring to the Board of Revenue of the North-Western Provinces and Oudh. 2* 12 t Repealed. 4*12 to 53. [Repealed.]

Pending appeals. 54. Pending appeals. All appeals pending when this Part comes into force 5* from decrees or orders passed under the same Act shall be disposed of as if this Act had not been passed: ---------------------------------------------------------------------- 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. 4. These sections amended certain Central Acts:-- Ss. 12 to 34 . . . . . Act 17 of 1876. S. 35 . . . . . . . Act 18 of 1876 and 14 of 1878. Ss. 36 & 37 . . . . . Act 4 of 1878. S. 38 . . . . . . . Act 3 of 1879. Ss. 39 to 42 . . . . . Act 13 of 1879. S. 43 . . . . . . . Act 22 of 1881. Ss. 44 to 53 . . . . . Act 22 of 1886. They have been repealed as follows:-- Ss. 12 to 16, 18 to 27 and 32 to 34 by U.P. Act 3 of 1901; Ss. 17, 35, 48 and 50 by Central Act 12 of 1891; Ss. 28 to 31 by U.P. Act 3 of 1899; Ss. 36 & 37 by U.P. Act 5 of 1894; Ss. 39 to 42 by U.P. Act 4 of 1925; Ss. 38, 44 to 47, 49 and 51 to 53 by Central Act 1 of 1938; and S. 43 by Central Act 12 of 1891. 5 That is, the 1st January, 1891. 81 Provided that the 1*[State Government] may, by order, transfer to the District Judge any appeals then pending before the Commissioner or Collector in cases in which the appeal will, under the Oudh Rent Act, 1886, (22 of 1886.) as amended by this Part, lie to the District Judge. 55 t Repealed. 2*55 to 61. [Repealed.] PART THE NORTH-WESTERN PROVINCES AND OUDH PART III THE NORTH-WESTERN PROVINCES AND OUDH

Commencement of Part III. 62. Commencement of Part III. This part shall come into force on such day 3* as the Lieutenant-Governor of the North-Western Provinces and Chief Commissioner of Oudh may, by notification in the Official Gazette, direct.

Place where the Board may sit.

63. Place where the Board may sit. (1) Notwithstanding anything 4*** in section 128 of the Oudh Rent Act, 1886 (22 of 1886), the Board of Revenue of the North-Western Provinces and Oudh shall, for the disposal of cases under those Acts, sit in such place or places in the North-Western Provinces or Oudh as 5*[the State Government] may, by notification in the Official Gazette, 6* appoint in respect to cases under either of those Acts.

(2) For the disposal of cases other than those referred to in

sub-section (1) the said Board may, subject to the orders of 5*[the State Government], sit in any place in the North-Western Provinces or Oudh that the Board thinks fit.

Amendment of section 4, Act 19 of 1873. 64. [Amendment of section 4, Act 19 of 1873.] Rep. by the United Provinces Land-revenue Act, 1901 (U.P. Act 3 of 1901). ---------------------------------------------------------------------- 1. Subs. by the A. O. 1937 for "Chief-Commissioner". 2. Ss. 55 to 60 amended Act 22 of 1886 and s. 61 amended Act 9 of 1881. Ss. 55 and 57 to 61 were rep. by Act 1 of 1938 and s. 56 by Act 12 of 1891. 3. 1st January, 1891, see the North-Western Provinces and Oudh Gazette, 1890, Pt. I, p. 661. 4. Section 63, so far as it relates to Act 12 of 1881, that is the words "in s. 152 of the North-Western Provinces Rent Act, 1881, or" were rep. by the Agra Tenancy Act, 1901 (U.P. 2 of 1901). 5. Subs. by the A. O. 1937 for "the said Lieutenant-Governor and Chief Commissioner". 6. For notification declaring that the Board of Revenue may sit at the head-quarters of any district of the United Provinces, see U.P. Local Rules and Orders.