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CENTRAL PROVINCES LAWS ACT, 1875
20 of 1875
9th December, 1875
An Act to declare and amend the law in force in the Central Provinces Preamble.-Whereas it is expedient to declare and amend certain portions of the law in force in the Central Provinces; It is hereby enacted as follows :
SECTION 01: 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 the2[State Government] of the Central Provinces; Commencement.- And it shall come into force on the passing thereof.
SECTION 02: 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- On and from the date on which this Act comes into force, the following shall be repealed, that is to say.-State Amendments(b) all3[Central Acts], (except the Acts mentioned in the schedule hereto annexed) which do not expressly or by necessary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 no,t been extended thereto in exercise of a power conferred by a4[Central Act]-, (c) all rules, regulations and enactments not being Statutes, Bengal Regulations,3[Central Acts], or rules or regulations made in exercise of a power conferred by a Statute, Bengal Regulation or4 [Central Act].5[* * * * * *]
SECTION 03: CERTAIN ENACTMENTS TO BE DEEMED TO BE IN FORCE
- On and from the said that 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 by 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 04: CONFIRMATION OF EXISTING ACTS
- Every6[Central Act] which extends, or can by notification be extended, to the territories which were under the administration of the said7[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 said7[State Government].
SECTION 05: 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 Hindu Law in cases where the parties are Hindus, except in so far as such law has been by the 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 with 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 06: 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 07: ARTICLES EXEMPT FROM ATTACHMENT
- Implements of husbandry and cattle for agricultural purposes and implements of trade are exempted from attachment and sale in execution of decrees of the Civil Courts.
SECTION 08: POWER TO MAKE SUBSIDIARY RULES
- The said8[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;9[* * *];10[(a)* * * *]
SECTION 09: PENALTY FOR BREACH OF RULES
- The11[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 shall12[* * *] be published in the13[Official Gazette] and shall thereupon have the force of law.
SECTION 11: LOCAL REPEAL, IN PART, OF CODE OF CIVIL PROCEDURE
-Section 184,185and189 of the Code of Civil Procedure are hereby repealed.]
SECTION 12: SECTIONS SUBSTITUTED IN SAME CODE
-ForSections 182,190and191of the same Code the following shall be substituted (namely):- "182. Note of evidence taken.- A note of the essential points of the evidence of each witness shall be made at the time, and in the course of oral examination, by the Judge, in his own language, or in English if he is sufficiently acquainted with that language, and such notes shall be filed with, and form part of, the record of the case. "190. Judge unable to mike note to record reason of his inability.- If the Judge be prevented from making a note as above required, he shall record the reason of his inability to do so, and shall cause such note to be made in writing from his dictation in open Court, and shall sign the same, and such note shall form part of the record, "191. Power to wuc note made by Judge dying or removed before conclusion of suit.- When the Judge making a note of the evidence, or causing one to be made as above required, dies or is removed from the Court before the conclusion of the suit, his successor may, if he thinks fit, deal with such note as if he himself had made it or caused it to be made.")
2. Substituted for the word Provincial Government', by A. L. 0. 1950.
3. Sukstituted for the words "Acts of the Centra! Legislature" by A. L. 0.. 1950.
4. Sufastituied for the words "Act of the Central Legislature", A. L. 0.. 1950.
5. The proviso as lo the law relating to land revenue and Courts of Wards was repealed by the Amending
Act, 1891 (XII of 1891).
6. Substituted for the words "Act of the Central Legislature" by A. L. 0., 1950.
7. Substituted for the words "Provincial Government" by A. L. 0., 1950.
8. Substituted for the words 'Proviacial Government' (which was earlier substituted for 'Chief
Commissioner' in 1937) by A. L. 0. 1950.
9. The words "and the destruction from time to time of such of the said records as it may be deemed
unnecessary to keep" were repealed by the Destruction of Records Act, 1879 (III of 1879).
10. Clause (d) relating lo the appointment, duties, punishment, suspension and dismissal of all
ministerial officers was repealed by A. L. 0., 1937
11. Substituted for the words "Provincial Government' by A. L. 0. 1950.
12. The words "when sanction by the Governor-General in Council" were omitted by the Devolution
Act, 1920 (38 of 1920), S. 2 and Sch. 1.
13. Substituted for the words "C. P. Gazette" by A. 0. 1937.
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