The Laws Local Extent Act, 1874
Subject: General Law
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Study material for The Laws Local Extent Act, 1874
THE LAWS LOCAL EXTENT ACT, 1874
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THE LAWS LOCAL EXTENT ACT, 1874 _____________ ARRANGEMENT OF SECTIONS ____________ Preamble SECTIONS 1. Local extent of Acts in first schedule. Local extent of enactments in second schedule. Local extent of enactments in third schedule. Local extent of enactments in fourth schedule. Local extent of enactments in fifth schedule.
THE LAWS LOCAL EXTENT ACT, 1874
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Section 1 — Short title.—This Act may be called the Laws Local Extent Act, 1874. 2. Interpretation clause
Section 3 — Local extent of Acts in first schedule
Section 4 — Local extent of enactments in second schedule
Section 5 — Local extent of enactments in third schedule
Section 6 — Local extent of enactments in fourth schedule
Section 7 — Local extent of enactments in fifth schedule
Section 8 — Savings
THE LAWS LOCAL EXTENT ACT, 1874 1 ACT NO. 15 OF 1874 [8th December, 1874.] An Act for declaring the local extent of certain Enactments, and for other purposes. Preamble.—WHEREAS it is expedient to declare the local extent of certain Acts passed by the Governor General of India in Council, the Legislative Council of India, and the Council of the Governor General of India assembled for the purpose of making Laws and Regulations; AND WHEREAS it is also expedient to consolidate the laws relating to the local extent of certain Acts and Regulations in the Presidencies of Fort St. Short title.—This Act may be called the Laws Local Extent Act, 1874. Local extent of Acts in first schedule.—The Acts mentioned in the first schedule hereto annexed 2 3 are now in force [in the whole of India except [the territories which, immediately before the 1st November, 1956, were comprised in Part B States] and] the Scheduled Districts. Local extent of enactments in second schedule.—The enactments mentioned in the second schedule hereto annexed are now in force throughout the whole of the territories now subject to the government of the Governor of Fort St.
(b) extend any Act empowering the State Government to extend the same or any part thereof, or affect
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Section 9 — Enactments repealed
(b) extend any Act empowering the State Government to extend the same or any part thereof, or affect in any manner the exercise of such power; (c) affect the operation of any Act or Regulation heretofore extended to or declared to be in force in any of the Scheduled Districts; (d) revive any enactment which has been repealed either generally or with reference to some special subject; 1 * * * * * (j) extend to any of the towns of Calcutta, Madras and Bombay any, law not now in force therein; 2 [(jj) extend to Pargana Bhadohi or Pargana Kera Mangror in the Mirzapur district, or to Pargana Kaswa Raja in the Benares district, any law not now in force therein]; (k) affect the operation of any enactment not mentioned in any of the schedules hereto annexed. Enactments repealed.—[Repealed by the Repealing Act, 1876 (12 of 1876)]. Clauses (e) and (h) were rep. by Act 8 of 1887, clause (f) by Act 12 of 1891, clause (g) by Act 8 of 1890 and clause (i) by Act 4 of 1894.
FIRST SCHEDULE
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1 FIRST SCHEDULE (See section 3) ACTS OF THE SUPREME COUNCIL Year and Number Subject 2 1837, IV . . . . Act 15 of 1874 having been rep. so far as it relates to the following enactments, by the Acts noted against each, the references to those enactments have been omitted from this schedule:— Enactments omitted Repealing Acts Act 26 of 1836 . . . . . . .
Year and Number Subject
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Year and Number Subject 1 1838, XXV . . . . Wills executed before the 1st January, 1866. Dower, when marriage was contracted before 1st January, 1866. Inheritance, where descent took place before 1st January, 1866. Non-forfeiture of rights by loss of Caste. Inquiries into the behaviour of Public Servants.
Year and Number Subject
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Year and Number Subject 1 1856, XI . . . . Estates of Lunatics not subject to jurisdiction of Supreme Courts. Sections 16, 17, 18 and 20—Forfeitures. Excise Duty payable on Spirits used in Arts and Manufactures. Marriage and Divorce among Parsees. Dissolution of Marriages of Native Converts.
SECOND SCHEDULE
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1 SECOND SCHEDULE (See section 4) (a) MADRAS REGULATIONS Year and Number Subject 1802, III (s 1, part of s. 16 only) Procedure of Civil Courts. Covenanted Civil Servants forbidden to lend. 1, 2 and 3 only) Registration of malguzari land. Act 15 of 1874 having been rep. so far as it relates to the following enactments, by the Acts noted against each, the references to those enactments have been omitted from the Schedule:— Enactments omitted Repealing Acts Madras Regulation 3 of 1802, s. Madras Regulation 13 of 1802 . . . . . .
Year and Number Subject
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Year and Number Subject 1 1804, V . . . . 7, clause second)] Collectors and Karnams. 8, 9, 10—Heads of villages: section 11, clause 1—stolen property: section 13—discovery of corpses: section 14—register of persons confined by heads of villages; and section 47—Magistrates charged with maintenance of peace. Reference of claims regarding land and produce to Village and District Panchayats. Maintenance of Bridges, etc.; Escheats. 9 only) Sale for arrears of revenue of estate belonging to Native Officer or Soldier.
Year and Number Subject
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Year and Number Subject 1 1831, X . . . . Prohibition of Sale of Estates of Minors for Arrears of Revenue. Limitation for Suits against orders of Revenue Authorities under Madras Regulation VII of 1828. 2 (b) ACTS OF THE SUPREME COUNCIL RELATING TO THE MADRAS PRESIDENCY Year and Number Subject 1837, XXXVI . . . . Criminal Jurisdiction of Collectors. Act 15 of 1874, so far as it relates to Madras Regulation 10 of 1831, s.
THIRD SCHEDULE
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Section 21 — (caste questions); [* * *] 1827, IV
Section 26 — (law applicable to suits): section 69, clauses second and third (attachment and distraint of crops)
Section 34 — , clause third (letter substituted for summons)
1 THIRD SCHEDULE (See section 5) (a) BOMBAY REGULATIONS Year and Subject Number 2 1827, II . . . . Section 21 (caste questions); [* * *] 1827, IV . . . . Section 26 (law applicable to suits): section 69, clauses second and third (attachment and distraint of crops). Preamble: Section 9 (acknowledgments of debt): section 14 (interest): section 15 (mortgages and pledges). Section 34, clause third (letter substituted for summons). Act 15 of 1874 having been rep. so far as it relates to the following enactments by the Acts noted against each, the references to those enactments have been omitted from the Schedule:— Enactments omitted Repealing Acts Bombay Regulation 12 of 1827, preamble . . . . . .
(b) ACTS OF THE SUPREME COUNCIL RELATING TO THE BOMBAY PRESIDENCY
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1 (b) ACTS OF THE SUPREME COUNCIL RELATING TO THE BOMBAY PRESIDENCY Year and Number Subject 4 1838, XVI . . . . Act 15 of 1874 having been rep. so far as it relates to the following enactments, by the Acts noted against each, the references to those enactments have been omitted from this Schedule:— Enactments omitted Repealing Acts Act 11 of 1843 . . . . . . . Acts 18 of 1838, 13 and 17 of 1842 and 3 of 1846 rep. locally by the Bombay Land-revenue Code, 1879 (Bombay 5 of 1879) Act 18 of 1838 rep. by Act 32 of 1940. Rep. by Act 48 of 1952 and Bombay Act 18 of 1953. Rep. in Bombay by Bombay Act 18 of 1953. As to the repeal of Acts 1 of 1846 and 20 of 1853 in the Bombay Presidency, see the Legal Practitioners Act, 1879 (18 of 1879), ss.
FOURTH SCHEDULE
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1 FOURTH SCHEDULE (See section 6) (a) BENGAL REGULATIONS (LOWER PROVINCES) Year and Subject Number 1793, I . . . . Native laws of inheritance to Revenue-paying land. Title to lands exempt from Revenue. Title to lands exempt from Revenue under badshahi grants. Section 1—Preamble: Section 2—prohibition of loans by Covenanted Servants. Act 15 of 1874 having been rep. so far as it relates to the following enactments, by the Acts noted against each, the references to those enactments have been omitted from this Schedule:— Enactments omitted Repealing Acts Bengal Regulation 48 of 1793 . . . . .
Year and Number Subject
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Section 29 — Criminal process in Salt and Opium Departments: section 30, clauses 1817, XX 1, 2 and 5
Section 36 — Khas management of purchases by Government: section 38
Maintenance of Bridges, etc.; Escheats 1810, XIX . . . . Section 29—Criminal process in Salt and Opium Departments: section 30, clauses 1817, XX 1, 2 and 5—Building forts; Collecting sepoys and stores; Encroaching on roads. . . . . Powers of Collectors and Magistrates. Section 36—Khas management of purchases by Government: section 38—non- 1822, XI liability of Government for errors of Courts. . . . . Prohibition of loans to Covenanted Civil Servants. Settlement of resumed Lakhiraj land.
(b) ACTS OF THE SUPREME COUNCIL RELATING TO THE LOWER PROVINCES
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Section 2 — No Interest on arrears of Land-revenue
1 (b) ACTS OF THE SUPREME COUNCIL RELATING TO THE LOWER PROVINCES Year and Number Subject 1836, X . . . . Section 2—No Interest on arrears of Land-revenue. Act 15 of 1874 having been rep. so far as it relates to the following enactments, by the Acts noted against each, the references to those enactments have been omitted from this Schedule:— Enactments omitted Repealing Acts Act 20 of 1836 . . . . . . Rep. by the Bengal Board of Revenue Act, 1913 (Bengal 2 of 1913). Act 32 of 1855 has been rep. locally in Bengal by the Bengal Embankments Act, 1873 (Bengal 6 of 1873).
FIFTH SCHEDULE
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Section 38 — Non-liability of Government for errors of Courts
FIFTH SCHEDULE (See section 7) 1 (a) BENGAL REGULATIONS (NORTH-WESTERN PROVINCES) Year and Number Subject 1793, XXXVIII . . . . Section 1—Preamble: section 2—prohibition of loans by Covenanted Servants. Wills and Administration to Natives. Punishment by Courts-martial of certain State offences. Section 38—Non-liability of Government for errors of Courts. Act 15 of 1874 having been rep. so far as it relates to the following enactments, by the Acts noted against each, the references to those enactments have been omitted from this Schedule:— Enactments omitted Repealing Acts Bengal Regulation 1 of 1798 . . . . . . .
Year and Number Subject
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Year and Number Subject 1830, V . . . . Sections 1, 2, 5, 6—Police-powers of Tahsildars. 1 (b) ACTS OF THE SUPREME COUNCIL RELATING TO THE NORTH-WESTERN PROVINCES Year and Number Subject 1836, X . . . . Act 15 of 1874 having been rep.so far as it relates to the following enactments, by the Acts noted against each, the references to those enactments have been omitted from this Schedule:— Enactments omitted Repealing Acts Act 21 of 1836 . . . . . . . Act 20 of 1856 has been rep. in the U.P. by the U.P.
SIXTH SCHEDULE
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SIXTH SCHEDULE (See sections 2, 3, 4, 5, 6 and 7) PART I SCHEDULED DISTRICTS, MADRAS I.—In Ganjam (1) The Gumsur Maliahs, including Chokapad. (2) The Surada Maliahs. (3) The Chinna Kimedi Maliahs. (4) The Pedda Kimedi Maliahs. (5) The Bodaguda Maliahs. (6) The Surangi Maliahs. (7) The Parla Kimedi Maliahs. (8) The Muttas of Korada and Ronaba (otherwise called Srikarma). 1 [* * *] (10) The Jurada Maliah. (11) The Jalantra Maliah. (12) The Mandasa Maliah. (13) The Budarashinghi Maliah. (14) The Kuttingia Maliah. II.—In Vizagapatam (1) The Jeypur Zamindari. (2) Golconda Hills, west of the River Boderu. (3) The Madugol Maliahs. (4) The Kasipur Zamindari. Item (9), “The Chighatti Maliah”, was rep. by Act 12 of 1891.
(5) The Panchipenta Maliahs.
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(5) The Panchipenta Maliahs. (6) Mondemkolla, in the Merangi Zamindari. 1 [(7) The Konda Mutta of Merangi.] (8) The Gumma and Konda Muttas of Kurpam. (9) The Kottam, Ram and Konda Muttas of Palkonda. 2 III.—In the Godavari District (1) The Bhadrachalam Taluq. (2) The Rakapilli Taluq. (3) The Rampa Country. IV.—In the Indian Ocean The Laccadive Islands, including Minicoy. PART II SCHEDULED DISTRICTS, BOMBAY 3 I.—The Province of Sindh 4 [* * *] 5 III.—Aden. IV.—The villages belonging to the following Mehwassi Chiefs:— (1) The Parvi of Kathi. (2) The Parvi of Nal. (3) The Parvi of Singpur. (4) Walwi of Gaohalli.
(5) The Wassawa of Chikhli.
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(5) The Wassawa of Chikhli. (6) The Parvi of Nawalpur. PART III SCHEDULED DISTRICTS, BENGAL 1 I.—The Jalpaiguri and Darjeeling [Districts]. 2 II.—The Hill Tracts of Chittagong . 4 V.—The Mahals of Angul and Banki. PART IV SCHEDULED DISTRICTS, NORTH-WESTERN PROVINCES 5 [* * *] II.—The Province of Kumaon and Garhwal. III.—The Tarai Parganas, comprising—Bazpur, Kashipur, Jaspur, Rudarpur, Godarpur, Kilpuri, Nanak-Mattha and Bilheri.
VI.—The tract of country know as Jaunsar Bawar in the Dehra Dun district.
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1 [* * *] VI.—The tract of country know as Jaunsar Bawar in the Dehra Dun district. PART V SCHEDULED DISTRICTS, PUNJAB 2 The districts of Hazara, Peshawar, Kohat, Bannu, Dera Ismail Khan, Dera Ghazi Khan, Lahaul and Spiti. PART VI 3 SCHEDULED DISTRICTS, CENTRAL PROVINCES Chattisgarh Zamindaris 1. Item V, “The Family Domains of the Maharaja of Benares, comprising the following parganas:—Bhadohi and Kheyra Mangror in the Mirzapur district; Kaswa Raja in the Benares district”, was rep. by Act 14 of 1881, s. Except Lahaul and Spiti, these districts ceased to be part of India from 15-8-1947. The taluqs of Nugur, Albaka and Cherla which were transferred to the Madras Presidency with effect from 1-7-1909 had, from 17-1-1905, became Scheduled Districts within the meaning of the Scheduled Districts Act, 1874 (14 of 1874).
Chanda Zamindaris
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Bardagarh PART VII The Chief Commissionership of Coorg. PART VIII The Chief Commissionership of the Andaman and Nicobar Islands. PART IX The Chief Commissionership of Ajmer and Merwara.
The Chief Commissionership of Assam.
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PART X 1 The Chief Commissionership of Assam. PART XI The Hill Tracts of Arakan.—[Repealed by the A.O. 1937.] PART XII The Pargana of Manpur.—[Repealed by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule.] PART XIII The Cantonment of Morar.—[Repealed by the Repealing and Amending Act, 1891 (12 of 1891).] 1. The Lushai Hills, which include the North and South Lushai Hills and the Mokokchang Sub-division of the Naga Hills District, became Scheduled Districts for the purposes of the Scheduled Districts Act, 1874 (14 of 1874), but they are not Scheduled Districts within the meaning of this Act.
SEVENTH SCHEDULE
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SEVENTH SCHEDULE Enactments Repealed.—[Repealed by the Repealing Act, 1876 (12 of 1876).] ——— 23