Chittagong Hill Tracts Regulation-1900 (English)

CHITTAGONG HILL TRACTS REGULATION-1900

(1 OF 1900)

                               TABLE OF CONTENTS

  1. The Chittagong Hill Tracts Regulation, 1900 (1 of 1900), as amended by the Devolution Act XXXVIII of 1920, Regulation IV of 1920, Regulation IV of 1925, Government of India (Adaptation of Indian Laws) order, 1937, Chittagong Hill Tracts (amendment) Regulation, 1937 (Regulation No. I of 1937) and the Chittagong Hill Tracts (Amendment) Regulation, 1939 (BengalRegulation No. I of 1939). ………………
  1. The Chittagong Hill Tracts Frontier Police Regulation, II of 1881 …………………………
  1. List of Acts in force in the Ctg. Hill Tracts …………………………………………………………..
  1. Rules for the Administration of the C. H. Ts.  ………………………………………………………
  1. Boundaries of the Chittagong Hill Tracts. ……………………………………………………………
  1. Boundary between the districts ofChittagongand Chittagong Hill Tracts. ……………….
  1. Boundaries ofForestReserves  …………………………………………………………………………..
  1. Notifications …………………………………………………………………………………………………….
  1. The Chittagong Hill Tracts Loans Regulation, 1938(BengalRegulation No. I of 1938) and rules thereunder.

DETAILS

  1. The Chittagong Hill Tracts Regulation, 1900 (I of 1900)
Chapter I- Preliminary                                         Page

Section

  1. Short title, extent and commencement
  1. Definition Chapter II- Laws
  1. Chittagong Hill Tracts how to be administrated
  1. En-actments applicable in Chittagong Hill Tracts
Chapter III- Appointment & powers of certain officers
  1. Appointment of Deputy Commissioner & subordinate officers
  1. Investment of Deputy Magistrate & Deputy Collector or Sub-Deputy Magistrate &

Sub-Deputy Collector with powers of Deputy Commissioner

  1. C. H. Ts. to be a district under the DV. Commissioner
  1. C.H. Ts. to be a session division under the Commissioner
  1. High Court
  1. Power to withdraw cases
Chapter IV- Arms, Ammunition, Drugs and Liquor
  1. Possession of firearms and ammunition, and manufacture of gunpowder
  1. Daos, spears and bows and arrows
  1. Intoxicating drugs
  1. Foreign spirit and fermented liquor
  1. Locally made spirit and fermented liquor
Chapter V-Miscellaneous                                                                                               Page

 

  1. Police
  1. Control and revision
  1. Power to make rules
  1. Bar to jurisdiction of civil & Criminal Courts
  1. Repeal of certain enactment’s
  1. Enactment’s declared in force in the C. H. Ts.

II-The Chittagong Hill Tracts Frontier Police Regulation III of 1881

Section                                                                                                                       Page

  1. Short title, extent and commencement
  1. Interpretation clause
  1. More heinous offences
  1. Less heinous offence
  1. Corporal punishment
  1. Minor punishment
  1. Where person sentenced to imprisonment to be confined
  1. Prosecution, etc. , under other enactment
  1. Magisterial powers of Police Officers

III- List of Acts in force in the C. H. Ts.

  1. Acts of the Governor- General in Council
  1. Ordinances of the Governor- General in Council
  1. BengalActs

IV-Rules for the Administration of the C. H. Ts.

          Administration of Civil Justice

 

Rules                                                                                                                          Page

 

 

  1. How to be conducted
  1. Decision on viva voice examination of the parties

Particulars of case records

  1. Levy of court-fees
  1. Process fees
  1. Procedure for issue of process and execution of decrees
  1. Rate of interest to be decreed by the Court

7A. Limit of decree on account of arrears of interest

  1. Deeds not to be filled in a suit unless duly regd.
  1. Suits to be admitted on registered bonds
  1. Orders in civil suits appeal able to the Commissioner

10A.Suits on account of credit sales

  1. Legal Practitioners and agents

Registration of deeds

  1. Deeds to be registered
  1. Deeds not inadmissible in Court by reason of non-registry

Rules

 

  1. Engagements not to be registered
  1. Registration of documents in a language not commonly used in the district
  1. Attestation of alteration, etc., in a document
  1. Registration of instrument relating to immovable property
  1. Time- limit for presentation of deeds for registration
  1. Registration of will or authority to adopt
  1. Officers to function as Registering Officer
  1. By whom documents for registration to be presented and penalty

for non- compliance with the orders of the Registering Officer

  1. Agents may conduct registration on behalf of certain persons
  1. Fees to be paid before registration
  1. Inspection of books in which deeds are copied and charge for copies thereof

Page

  1. Registering Officer to satisfy himself of the parties
  1. Form of endorsement to be recorded by the Registering Officer on the deed
  1. Deed to be copied into a book and attested by the Registering Officer.

Destruction of unclaimed original deeds

  1. Registration to be maintained
  1. Index to be appended to the Register of deeds, when filled up
  1. Account of receipts and expenditure to be kept by the Registration Officer
  1. Definition of the words “lease” “movable property” and “immovable property”
  1. Inspection of Registry book by Commissioner
  1. Time- limit for any party claiming under a deed for suing in Deputy Commissioner’s Court for declaration of his right to have a deed registered where registration is refused
  1. The lands: Settlement of Government land, Transfer Partition and Sub-letting

(1)   Maximum area of a holding and parties to whom leases may be granted

(2)   Provincial Government may exempt any area from the operation of sub- rules (1)

(3)   Sub- tenants existence or. 3rd Dec. 1920 and recognized by the Dy. Commissioner

shall not be evicted except with the permission of the Dy. Commissioner

(4)   No leases is allowed to sub-let whole or any part of his land

(5)   Transfer by sale, gift or mortgage- Usufractuary mortgage

(6)   Resumption of unauthorized lease or transfer and disposal thereof

(7)   Partition of holding

(8)   Ejectment6 of sub-tenant

(9)   Deputy Commissioner’s power to fix rent and other conditions of a sub-lease

(10) Permanent and heritable right of a sub- tenant, subject to certain conditions

(11) Permanent and heritable right of a tenant directly under Government –

condition of ejectment

(12) Power of ejectment of a tenant or resumption of any land shall be

exercised by the Deputy Commissioner

(13) Inheritance of any Hill Tracts land by the non-residents of the district

except with the express consent of the D. C. would not be operative

(14) The provisions of sub-rules (5), (6), (7), (11) and (13) will apply to existing tenancies only

(15) Powers of the Dy. Commissioner may also be exercised the Addl. Dy. Commissioner

(16) Powers of the Dy. Commissioner may also be exercised the S D Os if authorized by the Dy. Commissioner in writing

34A.Natural water- course

34B. Jhuming or cultivation on or near the banks of a river prohibited

34C. Board of Revenue may authorise the Deputy Commissioner to settle any class of land

  

 

                  The Chittagong Hill Tracts (Land Acquisition) Regulation, 1958

  1. Cicle divisions                                                                                                                Page
  2. Taluk divisions (Cancelled)
  3. Mouzas
  4. Administration of the circles and mauzas

38 A. Subdivision of the districts of C. H. Ts.

38 B. Police Administrations

  1. Consultation with the Chiefs on important matters affecting administration

of the district- Conference for the purpose

  1. Administrative powers of the Chiefs & Headman

40A. Cognizable offences

  1. Control and regulation of jhuming

41A. Headman responsible for the conservation of resources of his mouza

  1. Jhum tax –

(1) Jhum tax to be paid by each jhuming family to the mauza Headman at the prescribed rate

(2) List of jhuming families temporarily or permanently exempted from payment of jhum tax

(3) Jhuming families which live in one mauza and jhums in another (or parkulias)

to pay an additional jhum tax

(4) Jhum tauzi to be prepared annually by every headman

(5) Date of submission of jhum tauzi to the Chiefs and Deputy Commissioner

(6) Date of payment of jhum tax by headman to Chiefs: Date on which it becomes

an arrear and how arrears to be realised

(7) Disposal of arrear jhum tax realised by Deputy Commissioner

(8) For special reasons the D. C. may direct a Headman or a jhumia to pay jhum tax direct to him

(9) Payment of Govt. demand by the Chiefs

(10) Headman to detain property of a jhumia intending to migrate without payment of jhum tax

(11) Headman and Chiefs not to receive any abawb, nazar or other unauthorised payment from jhumias

(12) Remission or abatement of jhum tax

42.A) Regulations regarding compulsory labour –

(1)   Adult males to render labour on requisition by competent authority on

payment of wages at prescribed rate

(2)   Purpose for which labour is to be requisitioned when voluntary labour on payment not available

(3)    Time- limit for a jhumia or plough cultivator required to perform personal service

(4)   Requisition for labour how to be made

(5)   Workers should be physically fit

(6)   Grant of certificate to a worker regarding the work performed by him

(7)   Maximum weight to be carried

(8)   Rate of payment in cash or kind

(9)   Transport work – Distance for

(10)  Transport work-Monthly or annual, period of

(11)  Transport work –Normal hours

(12)  A normal day’s journey and rate for overtime work

(13)  Percentage of men to be taken away at one time from a mauza

(14)  Complaints to be made with regard to the condition of the worker ‘s service

(15)  Compensation for injury, sickness or death

(16)  Punishment for non compliance of the orders requiring compulsory labour

(17)  Rules regarding compulsory labour to be kept by Headmen

  1. Collection of Rent  –

Page

(1)   Headman shall collect rent for the tenants and will pay the amount to the SDO or the Deputy

Commissioner

(2)   Chiefs and headman will receive the same proportion of rent of the grove lands

(3)   Remission of rent

43A.

}     Omitted.

44.

45.Grass and Gorjan Khola rents

45A. Deputy Commissioner may follow hill men to extract, free of royalty, Sun grass for home consumption

45B. Levy of grazing tax –

(1)   Animals liable to be assessed to grazing tax

(2)   Rate of grazing tax

(3)   Exemption of hill men cultivating no land and resident family

(4)   Exemption of hill men or resident plainsman cultivating land to a limited extent

(5)   Exemption of resident on bazar areas who cultivates on land

(6)   Exemption in case of animals taken on hire for cultivation

(7)   Exemption of non  – resident

(8)   Tax to be re – assessed for every year or part thereof

(9)   Collection of grazing tax: Grant of printed receipts for collection

(10)                       Extent of grazing animals Power of Deputy Commissioner to issue instruction in respect of grazing tax

46. Remuneration to headman for collection of rent and resumption of rent

free lands assigned to them    during their continuance in office

47.Khas mouzas of Chiefs

48. Investiture of the Chiefs and Appointment and Dismissal of Headman

49. Migration and Migrating Defaulters & Absconders

49A. Omitted

50. Resumption of land

(1)   Resumption of land for public purpose

(2)   A hillman willing to occupy non-urban land exceeding 00.30 acre for construction

of homestead shall obtain settlement from the Deputy Commissioner

(3) Deputy Commissioner may resume any land, for which a settlement

has been granted for any public purpose

(4). Assessment of compensation

51.Expulsion of undesirables

51A.Deputy Commissioner’s powers to restrict or control trade & person in case of emergency

52. Immigration into the Hill Tracts –

(a) Class of persons allowed to enter or reside within the C. H. Ts. without permit

(b) Particulars of permit

(c) Form of application for permit

(d) Period of validity of permit

(e) Extension of validity of permit

(f) Fee to be paid by recipient of permit

(g) Permit not required for Gazetted Officers, their wives and minor children

(h) Particulars required un… clause (c) not necessary in respect of certain persons

(i) Persons exempted from payment fee for grant or extension of permit

(j) Refusal of permit to undesirable persons and appeal against such order of refusal

(k) Punishment for non-possession of permit or non- observance of direction in the      permit

(l) Production of permit on demand by authorised persons

53. Jails

53A. Protection against small pox

54. Registration of opium consumers –

(1)   Register of habitual consumers of opium to be maintained for every shop :

particulars thereof

(2)   No alternation to be made in the Register except by competent authority

(3)   Grant of permit to consumers

(4)   How registered consumers are to purchase opium

(5)   Vendor not to sell opium except to authorised persons

(6)   Persons authorised to arrest and detain people in unauthorised possession of opium

(7)   Arrested persons and seized articles to be handed over to police

(8)   Punishment for persons of the Chittagong Hill Tracts

V. Boundaries of the Chittagong Hill Tracts

 

VI. Boundary between the districts of Chittagong and Chittagong Hill Tracts

VII. -Boundaries of Forest reserves

 

              VIII. – Notifications

 

IX. -Bengalregulation No. I of 1938

The Chittagong Hill Tracts Loans Regulation, 1938

Section.

  1. Short title, extent and commencement
  2. Definition
  3. Powers of provincial Government to make rules
  4. Recovery of loans
  5. Liability of joint borrowers as among themselves

 

Agricultural Loans

 

Rules                                                                                                                                   Page

  1. When such loans to be granted
  2. How loans to be granted
  3. Revenue Officers empowered to give loans up to Rs. 200 in each case
  4. Principle to be followed in the matter of granting loans: Supervision over the work of disbursing officers
  5. Instructive regarding disbursement of loans and execution of bonds
  6. Installments of repayment of loans and rate of interest of loans
  7. Suspension of payment of installment of loans in exceptional circumstances
  8. Remission of loans

Land Improvement Loans                                                                         Page

  1. When and to what extent such loans to be granted
  2.  (1) How application for loan to be made and dealt with

(2) Sanction of loan, execution and registration of agreement

(3) Installments for repayment of loans and rate of interest on loan

(4) Suspension of payment or filling of certificates for realization of loans

(5) Remission of principal or interest or both in exceptional circumstances

 

The Chittagong Hill Tracts Regulation, 1900 (I of 1900) a regulation to declare the law applicable in, and provide for the Administration of, the Chittagong Hill Tracts inBengal.

(Received the assent of the Governor- General on the 6th Jan., 1900; published in the Gazette of

Indiaon the 13th idem; and in the Calcutta Gazette on the 17th idem)

Whereas it is expedient to declare the law applicable in, and provide for the administration of, the Chittagong Hill Tracts inBengal, it is hereby enacted as follows: –

Chapter I – PRELIMINARY

  1. Short title, extent and component –

(1)   This Regulation may be called the Chittagong Hill Tracts Regulation, 1900.

(2)   It extends to the Chittagong Hill Tracts

(3) It shall come into force on such date as the Local Government may, by notification in             the Calcutta Gazette, appoint.

*2. Definition – In this Regulation –

(a)    The expression ‘Chittagong Hill Tracts’ means the area known by that name as existing on the first day of January 1936; and

(b)   ‘ Commissioner’ means the Commissioner of the Chittagong Division.

CHAPTER II – LAWS

3. Chittagong Hill Tracts how to be administrated- Subject to the provisions of this        Regulation, the administration of the C. H. Ts. shall be carried on in accordance with the rules for the time being in force under section 18.

4.Enactments applicable in Chittagong Hill Tracts-

(1)   The enactments specified in the Schedule, to the extent and with the notifications therein set forth and so far as they are not inconsistent with this Regulation or the Rules for the time being in force thereunder, are hereby declared to be in force in the Chittagong Hill Tracts.

  • As amended by the Chittagong Hill Tracts (Amendment) Regulation 1939 (Bengal Regulation No.1 of 1939).

(2)   No other enactment here to force or hereafter passed shall be demand to apply in the Chittagong Hill Tracts:

Provided that the Local Government may, by notification in the Calcutta Gazette –

(a)    Declare that any other enactment shall apply in the said Tracts, either wholly or to the extent or with the modifications which may be set forth in the notification: or

(b)   Declare that any enactment which is specified in the schedule or which has been declared to apply by a notification under clause (a) of this sub- section shall cease to apply in the said Tracts.

Provided further that no such declaration shall be made after the commencement of Part III of the Govt. of India Act, 1935.

 

 

 

 

 

CHAPTER- III

 

APPOINTMENT AND POWERS OF CERTAIN OFFICERS

5.Appointment of the Deputy Commissioner and subordinate officers – The Local Government may, by notification in the Calcutta Gazette –

(a)    Appoint any person to be the Deputy Commissioner of the Chittagong Hill Tracts; and

(b)   Appoint so many Deputy Magistrates and Deputy Collectors and other officers as it thinks fit to assist in the administration of the said Tracts.

  1. Investment of Deputy Magistrate and Deputy Collector or Sub- Deputy Magistrate and Sub- Deputy Collector.

As amended by the Devolution Act XXVIII of 1920 and the Govt. of India (Adaptation of Indian Laws) order, 1937

  • With powers of Deputy Commissioner – the Local Government may, be notification in the Calcutta Gazette, invest any Deputy Magistrate and Deputy Collector or Sub- Deputy Magistrate and Sub- Deputy Collector * with all or any of the powers of the Deputy Commissioner  * under                               this Regulation or the rules for the time being in force thereunder, and define the local limits of his jurisdiction
  1. Chittagong Hill Tracts To Be A District Under The Deputy Commissioner. * The Chittagong Hill Tracts Shall Constitute A District For The Purpose Of Criminal And Civil Jurisdiction And For Revenue And General Purposes, The Deputy Commissioner * Shall Be District Magistrate, And Subject To Any Others Passed By The Local Government Under Section 6, The General Administration Of The Said Tracts, In Criminal, Civil, Revenue And All Others Matters, Shall Be Vested In The Deputy Commissioner. *
  1. Chittagong Hill Tracts To Be A Sessions Division Under The Commissioner –(1) The Chittagong Hill Tracts Shall Constitute A Sessions Division And The Commissioner Shall Be Sessions Judge.

(2) As Sessions Judge The Commissioner May Take Cognizance Of Any Offence As A Court Of Original Jurisdictions, Without The Accused Being Committed To Him By The Magistrate For Trial, And When So Taking Cognizance, Shall Follow The Procedure Proscribed By The Code Of Criminal Procedure, 1893(Act V Of 1998), For The Trial Of Warrant – Cases By Magistrates.

  1. HIGH COURT- The Local government shall exercise the powers of a High Court for the purpose of the submission of sentences of death for confirmation under the Code of Criminal Procedure, 1898 (Act V of 1998) and the Commissioner shall exercise the powers of a High Court for all other purposes of the said Code.
  2. POWER TO WITHDRAW CASES- The Deputy Commissioner may #withdraw any criminal or civil case pending before any officer or court in the Chittagong Hill Tracts, and may either try it himself or refer it for trial to some other officer or court.

CHAPTER  IV- ARMS, AMMUNITION, DRUGS AND LIQUOR

 

  1. Possession of firearms 0and ammunition, and manufacture of Gun powder-

(1) The Deputy Commissioner may fix the number of firearms and the quantity and description of ammunition, which may be possessed by the inhabitants of any village, and may grant   permission, either to such inhabitant; collectively or to any of them individually, to possess such firearms and ammunition as he may think fit.

(2) All firearms for the possession of which permission is given under sub-section shall be marked and entered in a Register.

(3) Any permission granted under sub-section (1) to possess firearms and ammunition may be withdrawn by the Deputy Commissioner * and thereupon all firearms and ammunitions referred to in such permission shall be delivered to the Deputy Commissioner or one of his   subordinates.

(4) The Deputy Commissioner * may grant permission to any person to manufacture powder, and may withdraw such permission.

(5) Whoever, without the permission of the Deputy Commissioner * possesses or exports from theChittagongHill Tracts any firearms or ammunition, or manufactures any gun powder shall be punishable with imprisonment for a term which may extend to three years or with fine, or with both.

*By the Amending Regulation, IV of 1920.

# By the Amending Regulation, IV of 1920

(6) The Deputy Commissioner *may, with the previous sanction of the Central Government # by order in writing, direct their Sub-Section (1), (2), (4) and (5) , or any of them , shall not apply in any village specified in the order.

 

NOTE: The function of the central government under sub-section (6) of section 11 has been entrusted to the Government of Bengal (vide Govt. of INDIA, Home Department Notification No. 21/16/ 39-Police , dated the 30th March, 1939)

12.       “Daos”, spears and bows and arrows- (1) The Deputy Commissioner * may , with the previous sanction  of the Commissioner , by order in writing , prohibit all or any of the inhabitants of any village from carrying daos, spears, bows and arrows , or any of those weapons , in any tract to be defined in the order, if he is of opinion that such prohibition is necessary to the peace of such tract.

#As amended by the Devolution Act XXVIII of 1920 and the Govt. of India (Adaptation of Indian Laws ) order , 1937

(2)Every order mode under sub-section (1) shall specify the length of time during which it shall remain in force.

(3)   Whoever disobeys an order made under sub-section(1) shall be punishable with imprisonment for a term which may extend to six months, or with fine or with both.

13.       INTOXICATING DRUGS (a)- (1)  Whoever, except under and in accordance with a license granted by the Deputy Commissioner * , imports , exports , manufactures, possesses or sells opium, ganja or charas, or any preparation thereof, or cultivates any plant from which opium, ganja or charas can be produced, shall be punishable with imprisonment for a term which may extend to two years in the case of a person who has not been previously convicted of an offence under this section or to five years in the case of a person who has been so convicted, or with fine  or with both and shall also be punishable with whiping in lieu of , or in addition to any of the above punishment.

(2) Notwithstanding anything contained in sub-section (1) any person may without a license granted by the Deputy Commissioner- (a) possess, for domestic use, one tola of charas or of any preparation therhof or

three tolas of ganja, or of any preparation thereof; and

(b) if such person is registered under the provision of the rules made under this

Regulation as a habitual consumer of opium, possesses such amount of opium or

of any preparation  thereof not exceeding five tolas in weight as he may be

allowed to have in his possession at one time under the said rules.

14.                               FOREIN SPIRIT AND FERMANTED LIQUOR-

(1)   Whoever, except under and in accordance with a license granted by the Deputy Commissioner * imports or sells foreign spirit or fermented liquor, shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both.

(2)   Nothing in this section applies-(a) to the import by any person , for his private use and consumption , and not for sale of any foreign spirit or fermented liquor on which duty has been paid; or

(b)to the sale of any such spirit or liquor legally procured by any person for his private use and consumption and sold by him, or any auction on his behalf, or on behalf of his representatives in interest, upon his quitting station or after his decease.

EXPLANATION- For the purpose of this section, the expression “Foreign” spirit or “ Fermented liquor” means any spirit or fermented liquor not manufactured or produced in the Ctg. Hill Tracts.

*By the Amending Regulation, IV of 1920

15. LOCALLY MADE SPIRIT AND FERMENTED LIQUOR-

 

Whoever, except under and in  accordance  with a license granted by the deputy commissioner,* Chittagong Hill Tracts exports or sells spirit or fermented liquor manufactured or produced in the Ctg. Hill tracts, shall be punishable with imprisonment for a term which may extend to three  months, or with fine, or with both.

 

CHAPTER V-Miscellaneous

16.       POLICE-the Chittagong Hill Tracts shall be deemed to be a general police districts within  the meaning of the Police Act ,1861 (V of 1861) and Bengal act VII of1869 ( an act to amend the constitution of the police Force in Bengal ) , and the I .G .of police , East Bengal shall exercise there in all the powers an authority conferred on an Inspector – General of police .

17.       CONTROL AND REVISION-(1) All officers in the Chittagong Hill Tracts shall be subordinate to the Deputy Commissioner ,* who may revise any order made by any such officer including a Deputy Magistrate and Deputy Collector or a Sub-Deputy Magistrate, and Sub-Deputy Collector * under section 6.

(2)The Commissioner may revise any order made under this Regulation by the Deputy Commissioner * or any other officer in the Chittagong Hill tracts, # except any order made in the matter of land Administration and land reforms.

(3)   The Local Government may revise any order made under this Regulation.

18.       POWER TO MAKE RULES- (1) The Local government may make rules for carrying into effect the objects and purpose of this Regulation.

(2) in particular and without prejudice to the generality of the foregoing power, such rules may-

(a)    provide for the administration of the civil justice in the Chittagong Hill Tracts;

*By the amending Regulation, IV of 1920

# Vide notification No. III-Pub-19 Feb, 1973 (P.O. No. 12 of 1973)

(b) ….          …      of regulate the appearance of Legal practitioners in cases arising in the said tracts;

(c) provide for the registration of documents in the said tracts;

(d)regulate or restrict the transfer of land in the said tracts;

(e)Provide for the subdivision of the said Tracts into circles, and those circles into mouzas;

(f) provide for the collection of the rents and the administration of the revenue generally in the said circles ad mouzas through the chiefs and Headmen;

(g)Define the powers and jurisdiction of the Chiefs and Headmen, and regulate the exercise by them of such powers and jurisdiction;

(h)Regulate the appointment and dismissal of Headmen;

(i)provide for the remuneration of chiefs, headmen and village officers  generally by the assignment of lands for the purpose or otherwise as may be thought desirable;

(j) prohibit, restrict or regulate the migration of the cultivating rayats from one circle to another;

(k) Regulate the acquisition by Government of land required for public purposes;

(k k) provide for compulsory vaccination into side Tracts;

(L) provide for the Levy of taxes in the side Tracts;

(L L) # Provide for the registration of persons who are habitual consumers of opium in the said Tracts; and

(k)   Regulate the procedure to be observed by officers noting under this Regulation or the rules for the time being in force thereunder;

(dd) Provide for the control of money-lenders and the regulation and control of money-lending in the said Tracts.

(3) All rules made by the Local Govt. under this Section shall be published in the Calcutta Gazette and, on such publication, shall have effect as if enacted by this Regulation.

  • By the amending Regulation IV of 1920.

# As amended by Regulation IV of 1925

(4)   ++ The  powers conferred by this section on the Provincial Government shall be powers of the Central Government as respects rules for the regulation of the following matters , namely:

(a)      the possession of firearms and ammunition and the manufacture of gun powder;

(b)      the cultivation, manufacture and sale for export of opium; and

(c)      the import or export across customs frontiers, as defined by the Central Government, of any intoxicating drug or foreign spirit or fermented liquor.

NOTE – The function of the Central Government under Sub-section

(4)  of section 18 have been entrusted to the Provincial Govt. of Bengal (vide Govt. of India, Home Department, Notification No. 21/16/39-Police, dated the 30 March, 1939, and Finance Deptt. (Central Revenue) Notification No. 4, dated the 8th April, 1939).

  1. Bar jurisdiction of civil and Criminal Courts – Except as provided in this Regulation or in any other enactment for the time being in force, a decision passed, act done or order made under this Regulation or the rules thereunder, shall not be called in question in any Civil or Criminal Court.
  2. Repeal of certain enactment – Act XXII of 1860 (an Act to remove certain tracts on the eastern border of the Chittagong district from the jurisdiction of the tribunals established under the general Regulations and Acts), Bengal Act IV of 1863 (on act to amend Act XXII of 1860) and so much of the second schedule to the Scheduled Districts Act, 1874 (XIV of 1874 ), and of the Repealing and Amending Act, 1891 (XII of 1891 ), as relates to either of the enactment aforesaid, are hereby repealed.

H As amended by Regulation IV of 1925.

# As Introduced by the Ctg. Hill Tracts (Amendment) Regulation 1937 (Bengal Regulation No. 1 of 1937)

‡ As amended by the Govt. of India (Adaptation of Indian Laws) Order 1937.

SCHEDULE

 

(See Section. 4)

Enactment declared in force in the Chittagong Hill Tracts.

1                      2                                  3                                  4                            5

Yoar                           Number              Short title or subject                Extenct of         Modification

application

1. Acts of the Governor-Genl in Council

1843                    V                             The Indian Slavery                  So muuch as any from

Act, 1843.                               time to time, be in force

in the district of

Chittagong.

1850                XVIII                         The judicial Officers               Ditto.

Protection Act, 1850.

1850                XXXIV                       The State Prisoners Act,         Ditto.

                                                            1850.

1857                XI                                The State Offences Act,         Ditto.

1857.

1858                III                                The State Prisoners Act,         Ditto.

1858.

1860                XLV                            The Indian Panal Code           Ditto.

1861                V                                 The Police Act, 1861              Ditto.

1872                I                                   The Indian Evidence Act        Ditto.

1872.

1                      2                                  3                                  4                            5

Yoar                           Number                Short title or subject              Extenct of         Modification

application

1877                XV                              The Indian Limitation Act      Ditto In so far not incon-

  1. sistent with the CHT Reg.

I of 1900 on the rules for

the time being in force thereunder vide Notificat-

ion No5839 dt14/4/

16.

1878                VII                              The Indian Forest Act,            Ditto.

                                                            1878.

1879                VI                                The Elephants Preservation     Ditto.

Act, 1879.

1897                X                                 The General Clauses Act,       Ditto.

1897.

1898                V                                 The Code of Criminal             Ditto.

Procedure, 1898.

1898                VI                                The Indian Post Office Act,   Ditto

                                                            1898.                                                   (1) The Provision

Sub- section (1) of section 7 and the First Schedule shall be omitted.(2) For sub-section (2) of

Section 7 the following shall be substituted:-

” (2) Unless and until Notification as aforesaid is issued the rates chargeable for the time

being in the rest of British India shall be the rates chargeable in

CtgHill Tracts.

1869                VII                              Police                          So much as may from time to

time be in force in the district of

Chittagong.

1899                I                                   The Bengal General clauses    Ditto.

Act, 1899

3.  Regulation of the Bengal Code.

1818                III                                The Bengal State Prisoners     Ditto.

Regulation, 1818.

4.   Regulation made under the Government of

Act 1870 (33 Vict, c 3)

1881                III                                The Chittagong Hill Tracts Frontier

Police Regulation 1881.                      …                     …

 

———————————-

———————-

THE  CHITTAGONG  HILL  TRACTS  FRONTIER  POLICE

REGULATION  III  OF  1881*

(7th December, 1881)

 

Preamble – Whereas the Frontier Police of the hill tracts of Chittagong enrolled under Act no. V of 1861 # (for the regulation of police) perform services of a quasi-military character; and  whereas the provision 12 thereof, have been found insufficient for the maintenance of discipline among such Police, and it is, therefore, expedient to make further provision foe the maintenance of discipline among them; it is hereby enacted as following :-

1.         Short title – This Regulation may be called the CtgHill Tracts Frontier Police Regulation, 1881.

Local extent – It applies to all persons now here after appointed under the said Act NoV of 1861 # to the Frontier Police Officers and posted to the Chittagong Hill Tracts, (Commencement) Repealed by the Repealing and Amending Act, 1903 (1 of 1903).

2.         Interpretation clause – In the Regulation Unless there is something repugnant in the subject or context –

Active Service – “Active service” means service at the frontier outposts pr against hostile tribes or other persons in the field.  

 

deputy Commissioner and Districts Superintendent – “Deputy Commissioner ++ and District Superintendent” means the Deputy Commissioner of Hill Tracts of Chittagong and the District Superintendent of Police within the same Tracts respectively“Reasons to believe” “criminal force ” “assault” and “fraudulently” – The expressions “reason to believe” “Criminal force”, “assault” and ” fraudulently” have the meanings assigned to them respectively in the Indian Penal Code (XLV of 1860).

3.         More heinous offences – Any person subject to this Regulation, not being above the rank of Subadar, who- (a)  begins, excites, causes or joins in the any mutiny or sedition, or being present any mutiny or sedition, dose not use this utmost endeavors to suppress the same, or knowing or having reason to believe in the existence of any mutiny, or of any intention to mutiny, dose not without delay give information thereof to his commending or other superior officer; or

(b) uses or attempts to use, criminal force to, or commits an assault on, his superior officer, where on or of duty under any circumstances in which the superior officers is distinguishable as such in any manner; or

(c) shamefully abandons or delivers up any garrison, fortress, post or guard committed to his charge, or which it is his duty to defend; or

H Local extent – This Regulation extends only to the Chittagong Hill Tracts -See Section 1It is formally included in the schedule of laws in force in those Tracts -See the C.H.T. Regulation (1 of 1900)For power to define the boundaries of the Tracts- See the Chittagong Hill Tracts Regulation (1 0f 1900), Section 2(2).

     For a similar enactment in force in Eastern Bengal (including the C.H.Ts), see the Eastern Bengal and Assam Military Police Act (Eastern Bengal and Assam Act, III of 1912).

#   The Police Act 1861; it is printed in the General Acts 1834-1867, addition 1909, page 378

++ The word “Superintendent” was substituted for the words “deputy Commissioner” by the Chittagong Hill Tracts Regulation II of 1900The words “deputy Commissioner” were substituted for the words “Superintendent” by the amending Regulation, IV of 1920.

 

Printed in the Unrepealed Central Acts, 1834-1871, edition 1938, pages 235.

(d)     directly or indirectly holds correspondence with, or assists or relives, any person in arms against the State, or omits to discover immediately to his commanding or other superior officer any such correspondence coming to his knowledge; and any such person who, while on active service;

(e)      disobeys  the lawful command of his superior officer; or

(f)       deserts the service; or

(g)      being a sentry, slops upon his post, or quits it without being regularly relieved, or without leave; or

(h)      without authority, leaves his commanding officer, or his post or party, to go in search of plunder; or

(i)        quits his guard, picquet, party or patrol without being regularly relived, or without law ; or

(j)        uses criminal force to or commits and assault on, any person bringing provisions or other necessaries to camp or quarters, or forces a safeguard, or without authority breaks into any house or any other place for plunder, or plunders, destroys or damages any field, garden or other property of any kind or

(k)      intentionally causes or spreads a false alarm in action, camp, garrison or quarters, will  be punished with transportation  for life or for a term of not loss than seven years, or  with imprisonment, with or without hard lebour, for term which may extend to fourteen years.

4.         Loss heinous offences – Any person subject to this Regulation, not being above the rank of Subadar, who –

(a)    is in a state of intoxication when on or for any or on parade or on the line of march ; or

(b)   strikes or attempts to force any sentry ; or

(c)    being in command to a guard, picquet or patrol, refugee to receive any prisoner duly committed to his charge,, or without proper authority releases any prisoner or negligently nuffor any prisoner to onenpo ; or

(d)   being under arrest or in confinement, leaves his arrest or confinement before he is sot at liberty by proper authority ; or

(e)    is grossly insubordinate or insolent to his superior officer in the execution of his office ; or

(f)    refuses to Superintendent or assist in the making of any field work or other military work of any description ordered to be made either in quarters or in the field ; or

(g)   strikes or  otherwise ill-uses any person subject to this Regulation being his subordinate in the rank or position ; or

(h)   being in commend at any post on the march, and receiving a complaint that any one under his commend has beaten or otherwise maltreated or oppressed any person, or has committed aneroid or trespass, rails to have due reparation made to the injured person, or to report the case to the proper authority ; or

(i)     designedly or through neglect injures or loses or fraudulently dispose of his arms, clothes, tools, equipment’s, ammunition, accoutrements or regimental necessaries, or any such articles entrusted to him or belongings to any other person ; or

(j)     malingers, feigns or produces disease or infirmity in himself, or internationally delays his cure, or aggravates his disease or infirmity ; or

(k)   with intent to render himself or any other person unfit for service voluntarily causes hurt to himself or any other person; and any such person who,  while not active service.

(l)     disobeys the lawful orders of his superior officers, or

(m) plunders, destroys or damages any field, garden or other property ; or

(n)   being a sentry sleeps upon his post, or quits it without being regularly relieved, or without leave, shall be punished with imprisonment, without hard labour, which may extend to one year.

5.         Corporal punishment – Any person subject to this Regulation not being the above the rank of Habilder, who while on active service, commits any of the offences specified in section 3, or in section 4, clause (a) to (k), both inclusive, may, in lieu of or in addition to any punishment to which he is liable under those section, be punished with whipping.

In no case, if the cat-of-nine-tails be the instrument employed, shall the punishment of whipping exceed fifty lashes, or if the ratan be employed, shall the punishment exceed thirty stripes.

 

6.         Minor punishment – In addition to the powers conferred upon them by the rules made under section 12 of  * the said Act NoV of 1861 * the deputy Commissioner, the District Supdt., or an Assistant District Superintendent of Police in command of a detachment,  without a formal trial, award to any person subject to his authority and to whom this Act applies the following punishment for the commission of petty.

offences against discipline which are not otherwise provided for or which are not of a sufficiently serious nature to call for a prosecution before a Criminal Court, that is to say –

(a)    imprisonment to the extent of seven days in the quarter-guard, or such other place in or near the lines as may be considered, suitable, with forfeitures of all pay and allowances during its continuance ;

(b)   Punishment drill, extra guard, fatigue or other duty, not exceeding thirty days in duration, with or without confinement to linesAny of these punishments may be awarded separately or in combination with the other.

7.         Where person sentenced to imprisonment to be confined – Any person sentenced under this Regulation to imprisonment for a period not exceeding three months shall, when also dismissed the service, be imprisoned in the nearest jail ; but when not also dismissed the service, he may at the discretion of the convicting officer, subject to revision by the Deputy Commissioner be confined may consider suitable.

8.         Prosecution etcunder other enactment’s – Nothing in this Regulation shall prevent any person from being prosecuted under the said Act No. V of 1861 * or any order or rule framed thereunder, or under any other enactment for the time being in force for any act or omission punishable hereunder, or from being liable is provided for such act or omission by this Regulation:

Provided that no person shall be punished twice for the same offences.

9.         Magisterial Power of Police Officers – Nothing contained in the said Act of 1861*

shall be deemed to prevent the Local Government from investing any Police Officers with the powers of a Magistrate for the purpose of inquiring into or trying any offence committed by a Police officer and punishable under the said Act or this regulation

* The Police Act 1861 : it is printed in the Unrepcaled  Central Act 1834-1871 edition 1938 page 353.

The following Acts in addition to those mentioned in the schedule appended to the Chittagong Hill Tracts regulation I of 1900 have been extended to the Hill Tracts :

Year                Number           Short title        Extent of application             Authority

                                                or subject                                                         sanctioning

                                                                                                                        the extension.

   1                   2                3                                      4                                                5

                                    1.   Acts of the Governor- General in Council.          

1870                VII      The Court fees                        As modified in its

                                                                        application to Bengal and

                                                                        inconsistent in so far as

                                                                        it is not with the C,H,Ts

                                                                        Regulation I of 1900 or with

                                                                        any rules made thereunder

                                                                        for the time being in force.

                                                                        Provided that no such rule

                                                                        shall increase the rate of any

                                                                        fee payable under the Court

                                                                        fees Act.

1951                III        Do (east Bengal                      ……      Whole.

                                    Amendment Act-

                                    1951).

1871                I           The Cattle trespass                  ……      Whole.             Notification No.

                                                                                                                        399P dt. the 7th                                                                                                                      June 1905.

*1872              XV      Indian Christian                      ……      Ditto.               Notification No.

                                    Marriage Act                                                             No. 1085-Page

                                                                                                                        dtthe 7th October

                                                                                                                        1986.

1884                IV        The Indian Explend                ……      Whole              Notification No.

                                    Act.                                                                             16276 P. dated 1st

                                                                                                                        September. 1928.

1886                VI        The Births, Deaths and           ……      Whole              Notification No.

                                    Marriage Registration Act.                                         13083 P dt. the                                                                                                                       13th Aug. 1927.

Year                Number           Short title        Extent of application             Authority

                                                or subject                                                         sanctioning

                                                                                                                        the extension.

   1                   2                          3                                4                                            5

1894                IX                    The Prisons Act.          In so far as it is not     Notification No.

                                                                                    inconsistent with the   12837 E.A dated

                                                                                    CH. Ts Regulation    the 3rd December

                                                                                    I of 1900 or the rules  1934.

                                                                                    for the time being in

                                                                                    force thereunder.

1900                III                    The Prisoners Act.       In so far as it is not     Notification No.

                                                                                    inconsistent with the   7598-P dt the 28th     

                                                                                    Chittagong Hill           April 1917.

                                                                                    Tracts Regulation I of

                                                                                    1900 or with any rules

                                                                                    for the time being in

                                                                                    force thereunder.

1882                XII                  The Indian Salt           The Indian Salt Act    The CHTs Laws

                                                Act.                             1882 as in force in       (No. 11) Regulati-

                                                                                    the Dist. of Chittago   on 1942 (Bengal

                                                                                    ng on the date of         Regulation No. III

                                                                                    commencement of       of 1942).

1931                                     The Indian Finance     the Bengal Regulation

                                                (Supplementary &       No. III of 1942 and the

                                                Extending Act)           provision of Section 5

                                                                                    of the Indian Finance

                                                                                    (supplementary and Extending)

                                                                                    Act 1931 in so far as those

                                                                                    provisions relate to the duty

                                                                                    on salt, shall apply to the

                                                                                    Hill Tracts.

1889                                     The Indian                   In so far as it is not     The CHTs Laws

                                                Morchandies               inconsistent with the   (No. V)Regulation

                                                Marks Act.                  Chittagong Hill           1942 (Bengal

                                                                                    Tracts Regulation        Regulation No. VI

                                                                                    1900 or with any         of 1942).

                                                                                    rules made there-

                                                                                    under for the time

being

                                                                                    in force.

1903                II                     The Indian Post           In so far it is not          Notification No.5-

                                                Office (Amend-          inconsistent with         339 P dt. 14th

                                                ment) Act.                   the C. H. Ts.                1916.

                                                                                    Regulation I of 1900

                                                                                    or with any rules for

                                                                                    the time being in force

                                                                                    thereunder.

1                      2                          3                                4                                            5

1903                VII                  The Indian Works       Whole                          Notification No.

                                                of Defence Act.                                              1308 P. D. dt. the

                                                                                                                        24th October,

                                                                                                                        1904.

1903                XV                  The Indian                   Ditto.                           Ditto.

                                                Extradition Act.

1906                III                    The Indian Coinage    Whole                          The Chittagong

                                                Act.                                                                 Hill Tracts

                                                                                                                        Regulation 1940

                                                                                                                        (Bengal Regulati-

                                                                                                                        on No. I of 1940)

1908                IX                    The Indian Limita-      In so far not                Notification No.

                                                tion Act.                      inconsistent with         55839 P dt. the

                                                                                    the C.H.Ts Regula-     14th April, 1916.

                                                                                    tion I of 1900 or the

                                                                                    time being in force

                                                                                    thereunder.

1909                IV                    The Whipping Act      Ditto.                           Ditto.

1910                III                    The Indian Penal         Ditto.                           Ditto.

                                                Code (Amendment)

                                                Act.

1911                VIII                 The Indian Army        Whole                          The C.H.Ts. Law

                                                Act.                                                                 Regulation 1941

                                                                                                                        (Bengal Regulati-

                                                                                                                        on No.II of 1941).

1912                II                     The Co-Operative       In so far as it is not     Notification No.

                                                Societies Act.              inconsistent with the   5839 P dt the 14th

                                                                                    C.H.Ts. Regulation     April 1916.

                                                                                    I of 1900 or the rules

                                                                                    for the time being in

                                                                                    in force thereunder.

1912                VIII                 The Wild Birds and    Ditto.                           Notification No.

                                                Animals Protection                                         7598 P dt dated

                                                Act.                                                                 the 28th April

                                                                                                                        1917.

1913                I                       The Indian Extraction             Ditto.               Notification No.

                                                (Amendment) Act.                                          5839 P dt the 14th

                                                                                                                        April 1916.

1913                VIII                 The Indian Criminal                Ditto.               Notification No.

                                                Law (Amendment)                                         5839 P dt dated

                                                                                                                        14th April, 1916.

1914                XIV                 The Repealing and      In so far as it relates    Ditto.

                                                Amending Act.           to Acts in force in

                                                                                    C.H.Ts.

1914                X                     The Indian Post           In so far as it not         Ditto.

                                                Office and Tele-          inconsistent with the

                                                graph (Amendment)    C.H.Ts. Regulation

                                                Act Except                  the rules or I of 1900

1                      2                          3                                4                                            5

                                                Section 2.                    for the time being in

                                                                                    force thereunder.

1917                I                       The Indian Steam        Whole                          Notification No.

                                                Vessels Act.                                                    91 M dated the

                                                                                                                        16th July, 1926.

1919                XII                  The Poisons Act.         In so far as it is not     Notification No.

                                                                                    Inconsistent with the  16963 EA. Dated

                                                                                    CHTs Regulation        the 9th December,

                                                                                    I of 1900 or with         1936.

                                                                                    any rules for the time

                                                                                    being in force

thereunder.

1922                XI                    The Indian Incom-      Shall apply to all         The C.H.Ts. Law

                                                Tex Act.                      persons in the              Regulation, 1937

                                                                                    Chittagong Hill           (Bengal Regulati-

                                                                                    Tracts except the         on No.II of 1937).

                                                                                    Indigenous Hillman.

1923                XV                  The Indian Income      Ditto.                           Ditto.

                                                Tex (Amendment)

                                                Act.

1924                XI                    Ditto.                           Ditto.                           Ditto.

1927                X                     The Repealing and      In so far as it is not     Notification No.

                                                Amending Act.           inconsistent with the   6116 EA dt. the

                                                                                    Chittagong Hill           13th March, 1937.

                                                                                    Tracts Regulation I

                                                                                    of 1900 or with the

                                                                                    rules for the time being

                                                                                    in force thereunder and

                                                                                    in so far as it relates to

                                                                                    enactment’s in force in                                                                                                            the said Tracts.

1933                XXIV              The Indian Tea            Whole                          Notification No.

                                                Control Act.                                                    17103 E. dated the

                                                                                                                        11th December,

                                                                                                                        1936.

1934                II                     The Reserve Bank       Whole                          The Chittagong

                                                Of India Act.                                                  Hill Tracts Regul-

                                                                                                                        ation 1940 (Beng-

                                                                                                                        al Regulation No.

                                                                                                                        I of 1940).

1934                XVI                 The Matches                In so far as it is not     Notification No.

                                                (Excise Duty) Act.      inconsistent with         4582 E. A. dated

                                                                                    the CHTs Regulation  the Ist March,

                                                                                    I of 1900 or with         1937.

                                                                                    any rules for the time

                                                                                    being in force there

                                                                                    under.

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