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NORTH WESTERN PROVINCES AND OUDH ACT, 1890
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 2Lieutenant-Governor of the3North-Western Provinces and the2Chief 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 :-
SECTION 01: TITLE
This Act may be called The North-Western Provinces and Oudh Act, 1890.
SECTION 02: COMMENCEMENT OF PART I
This Part shall come into force on such day4as the said Lieutenant-Governor may by notification in the Official Gazette, direct.
SECTION 03: 3-4 AMENDMENT OF ACT XIX OF 1873
[Repealed by the United Provinces Land Revenue Act, 1901 (U.P. Act 3 of 1901).]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 scheduled district under the Scheduled Districts Act, 1874;5And 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: It is hereby enacted as follows :-
SECTION 05: LAWS IN FORCE IN CERTAIN DISTRICTS OF THE ALLAHABAD DIVISION TO APPLY TO JHANSI
(1) All enactments which shall on the day6when 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, 18827and the Jhansi and Morar Act, 18868all enactments which shall on the said day6be in force in the said division and not in the said temporarily- settled districts, including the Jhansi Courts Act, 1867, and Act No. 27 of 1867, shall be deemed to be repealed on and from the said day' in the said division.
SECTION 06: AMENDMENT OF ACT XVI OF 1882
[Repealed by the Bundelkhand Encumbered Estates Act. 1903 (U.P. Act 1 of 1903).]
SECTION 07: 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, 1886,9shall 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,10[North-Western Provinces and Assam Civil Courts Act, 1887.]
SECTION 08: JHANSI DIVISION TO CEASE TO BE A SCHEDULED DISTRICT
(1) On and from the said day11the said division shall cease to be a scheduled district12[* * *].
SECTION 09: APPLICATION OF ACT 12 OF 1887 TO JHANSI, AND DISPOSAL OF PENDING CASES
13 [ * * * ]
(2) All cases or proceedings pending in any Civil Court in the said division on the said day14shall 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.
(3) For the purposes ofsections 20-to22-, both inclusive, of the Bengal, "North-Western Provinces and Assam Civil Courts Act, 1887, all decrees and orders passed by Civil Courts in the said division and not appealed against before the said day14shall 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 made 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 623orsection 649of the Code of Civil Procedure."
(5) In the case of appeals from the decrees and orders mentioned in subsection (3), the period of limitation shall be calculated in accordance with
the provisions ofsection 15-of the Jhansi Courts Act, 186717as though this Act had not been passed.
SECTION 10: 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.
SECTION 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 day20on which this Part comes into force the Board of Revenue constituted under the North-Western Provinces Land Revenue Act, 1873,21shall 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 Oudh22.
(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, be construed, so far as the said territories are concerned, as referring to the Board of Revenue of the North-Western Provinces and Oudh22.
SECTION 12: 12-53 REPEALED
Note- These sections amended certain number of Central Acts. These sections have subsequently been repealed by various Central and U.P. Acts.]
SECTION 54: PENDING APPEALS
All appeals pending when this Part comes into force23from decrees or orders passed under the same Act shall be disposed of as if this Act had not been passed : Provided that the24[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, 1886,25as amended by this Part, lie to the District Judge.
SECTION 55: 55-61 REPEALED
Note-Sections 55-to60-amended Act 22 of 1886 andsection 61-amended Act 9 of 1881. These sections were subsequently repealed.]
SECTION 62: COMMENCEMENT OF PART III
This Part shall come into force on such day26as the Leutenant-Governor of the North-Western Provinces and Chief Commissioner of Oudh may, by notification in the Official Gazette, direct.
SECTION 63: PLACE WHERE THE BOARD MAY SIT
(1) Notwithstanding anything27[* * *] in section 128of the Oudh Rent Act, 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 the28[State Government] may, by notification29in 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, subject to the orders of the28[State Govemmenf]. sit in any place in the North-Western Provinces or Oudh that the Board thinks fit.
SECTION 64: REPEALED
Amendment of section 4, Act XIX of 1873- [Repealed by the United Provinces and Land Revenue Act. 1901 (U.P. Act 3 of 1901).
Footnotes:
4. The 1 st April, 1891, see North-Western Provinces and Oudh Gazette, 1891, Pt. I, p. 130.
5. Since repealed by A.O., 1937.
6. That is, the I st April, 1891
7. Repealed by the Bundelkhand Encumbered Estates Act, 1903 (U.P. Act I of 1903).
8. Repealed by the Repealing and Amending Act, 1953 (42 of 1953), section 2 and Schedule 1 (23-12-1953).
9. Repeated by the Repealing and Amending Act, 1953 (42 of 1953), section 2 and Schedule 1 (23-12-1953).
10. 'Agra' has been substituted for 'North-Western Provinces' by the Bengal. Agra and Assam Civil Courts (Amendment) Act. 1911(16 of 1911).
11. That is, the 1st April, 1891.
12. The second clause of sub-section ( 1 ) and sub-section (2) were omitted by the Repealing Act. 1938 ( 1 of 1938). section 2 and Schedule.
13. Sub-section (1) was omitted by the Repealing Act. 1938 (1 of l938), section 2and Schedule.
14. That is, the 1 st April, 1891.
17. Act 18 of 1867 repealed by section 5(2) of this Act.
20. 1st January, 1891.
21. Since repealed by the U.P. Land Revenue Act, 1901 (U.P. Act 3 of 1901), section 2 but not so as to affect anything done under the Agra Land Revenue Act,. 1873 ( 19 of 1873); see section 3.
22. Now the Board of Revenue of Uttar Pradesh.
23. That is, the 1st January, 1891.
24. Substituted for 'Provincial Government' by A.L.O., 1950.
25. Now repealed by the U.P. Tenancy Act, 1939 (U.P. Act 17 of 1939).
26. 1st January. 1891, see the North-Western Provinces and Oudh Gazette, 1890, Pt. I, page 861.
27. Section 63, so tar as it relates to Act 12 of 1881. that is, the words "in section 152 of the North-Western Provinces Rent Act, 1881, or", was repealed by the Agra Tenancy Act, 1901 (U.P. Act II of 1901).
28. Substituted for 'Provincial Government' by A.L.O., 1950.
29. For notification declaring that the Board of Revenue may sit at the headquarters of any district of the United Provinces, see U.P. Local Rules and Orders.
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