The North-western Provinces and Oudh Act, 1890

THE NORTH-WESTERN PROVINCES AND OUDH ACT, 1890

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THE NORTH-WESTERN PROVINCES AND OUDH ACT, 1890 ARRANGEMENT OF SECTIONS SECTIONS. PART I THE NORTH-WESTERN PROVINCES 2. Laws in force in certain districts of the Allahabad Division to apply to Jhansi. Discharge of functions assigned to Deputy Commissioner and Commissioner by Act 17 of 1866. Jhansi Division to cease to be a Scheduled District. Board of Revenue of the North-Western Provinces to be the Board of Revenue of, and Chief Revenue-authority in, Oudh.

PART III

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PART III THE NORTH-WESTERN PROVINCES AND OUDH 62.

THE NORTH-WESTERN PROVINCES AND OUDH ACT, 1890

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Section 1 — Title

Section 2 — Commencement of Part I

Section 5 — Laws in force in certain districts of the Allahabad Division to apply to Jhansi

THE NORTH-WESTERN PROVINCES AND OUDH ACT, 1890 ACT NO. 20 OF 1890 [16th October, 1890.] An Act to provide for the better administration of the North-Western Provinces and Oudh and to amend certain enactments in force in those Provinces and in Oudh. WHEREAS it is expedient to provide for the better administration of the territories respectively administered by the Lieutenant Governor of the North-Western Provinces and the Chief Commissioner of Oudh, and for that purpose to amend certain enactments which are in force in the said Provinces and in Oudh; It is hereby enacted as follows:— 1. Title.—This Act may be called the North-Western Provinces and Oudh Act, 1890. PART I THE NORTH-WESTERN PROVINCES 1 2. The 1st April, 1891, see North-Western Provinces and Oudh Gazette,1891, Pt.

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

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Section 6 — [Amendment of Act 16 of 1882

Section 7 — Discharge of functions assigned to Deputy Commissioner and Commissioner by Act 17 of 1886

Section 8 — Jhansi Division to cease to be a Scheduled District

Section 9 — Application of Act 12 of 1887 to Jhansi, and disposal of pending cases

6. [Amendment of Act 16 of 1882.]—Rep. by the Bundelkhand Encumbered Estates Act, 1903 (U.P. 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 1 Morar Act, 1886 (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 2 deemed to apply to the Civil Courts established in that district under the Bengal, North-Western Provinces and Assam Civil Courts Act, 1887 (12 of 1887). Jhansi Division to cease to be a Scheduled District. — (1) On and from the said day the said 4 division shall cease to be a Schedule District ***. Application of Act 12 of 1887 to Jhansi, and disposal of pending cases.— *** 3 (2) All cases or proceedings pending in any Civil Court in the said division on the said day 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; (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. 2 (3) For the purposes of sections 20 to 22, both inclusive, of the Bengal, North-Western Provinces and Assam Civil Courts Act, 1887 (12 of 1887), all decrees and orders passed by Civil Courts in the 3 said division and not appealed against before the said day 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 1. The second clause of sub-section (1), and sub-section (2) were rep. by Act 1 of 1938, s.

Court is transferred by sub-section (2); but this sub-section shall not apply to cases for which provision

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Section 10 — Commencement of Part II

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

Section 17 — [Repealed

Court is transferred by sub-section (2); but this sub-section shall not apply to cases for which provision 1 is made in section 623 or section 649 of the Code of Civil Procedure (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 2 Act, 1867 (18 of 1867), as though this Act had not been passed. Commencement of Part II.—This Part shall come into force on such day as the Chief Commissioner of Oudh may, by notification in the Official Gazette, direct. 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 4 the Board of Revenue constituted under the North-Western Provinces Land-revenue Act, 1873 (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- 5 Western Provinces and Oudh . (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 3 after the said day , be construed, so far as the said territories are concerned, as referring to the Board 5 of Revenue of the North-Western Provinces and Oudh . 17. [Repealed.]—Rep. by the Repealing and Amending Act, 1891 (12 of 1891). See now the Code of Civil Procedure, 1908 (5 of 1908). 2, but not so as to affect anything done under Act 19 of 1873, see s.

22. [Repealed.]—Rep. by the U.P. Act, 1901 (3 of 1901).

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Section 35 — [Repealed

Section 38 — [Repealed

Section 43 — [Repealed

Section 44 — [Repealed

Section 45 — [Repealed

Section 46 — [Repealed

35. [Repealed.]—Rep. by the Repealing and Amending Act, 1891 (12 of 1891). 38. [Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938). 43. [Repealed.]—Rep. by the Repealing and Amending Act, 1891 (12 of 1891). 44. [Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938). 45. [Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938). 46. [Repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938).

THE NORTH-WESTERN PROVINCES AND OUDH

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Section 54 — Pending appeals

Section 62 — Commencement of Part III

Section 63 — Place where the Board may sit

Pending appeals.—All appeals pending when this Part comes into force from decrees or orders passed under the same Act shall be disposed of as if this Act had not been passed: 2 Provided that the [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. PART III THE NORTH-WESTERN PROVINCES AND OUDH 3 62. Commencement of Part III.— This part shall come into force on such day 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.—(1) Notwithstanding anything *** 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 5 6 Provinces or Oudh as [the State Government] may, by notification in the Official Gazette, 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, 5 subject to the orders of [the State Government], sit in any place in the North-Western Provinces or Oudh that the Board thinks fit. 1st January, 1891, see the North-Western Provinces and Oudh Gazette, 1890, Pt. 152 of the North-Western Provinces Rent Act, 1881, or” were rep. by the Agra Tenancy Act, 1901 (U.P.

64. [Amendment of section 4, Act 19 of 1873.] Rep. by the United Provinces Land-revenue

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Section 64 — [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.