The Bengal Eastern Frontiers Regulation 1873

The Bengal Eastern Frontiers, Regulation 1873

Act 5 of 1873

Published in the Gazette of India, dated the 19th August, 1873, page 733 and in the Calcutta Gazette, dated the 27th August, 1873 page 1000.

A Regulation for the peace and Government of certain Districts in the Eastern Frontier of Bengal.

Whereas the Secretary of State for India in Council has by Resolution in Council declared the provisions of Act 33, Vict cap. 3, section 1, to be applicable to the Districts of Kamrup, Darang, Naugong, Sibsagar, Lakhmipur, Garo Hills, Khasi and Jaintia Hills, Naga Hills, Cachar * * *.

And whereas the Lieutenant Governor of Bengal has proposed to the Governor General in Council a draft of the following Regulation, together with the reasons for proposing the same, for the peace and Government of the said districts;

And whereas the Governor General in Council has taken such draft and reasons into consideration and has approved of such draft, and the same has received the Governor General’s assent:-

The following Regulation is now published in the Gazette of India and will be published in the Calcutta Gazette and will thereupon have the force of law, under the thirty-third of Victoria, chapter 3:-

1- This Regulation shall extend to the districts named in the preamble and shall come into force on the first of November, 1873.

2. It shall be lawful for the State Government of West Bengal, – – – to prescribe, and from time to time to alter, by notification in the Official Gazette a line to be called “the Inner Line” in each or any of the above-named districts.

The State government may by notification in the Official Gazette prohibit all citizens of the India or any class of such citizens or any persons residing in or passing through such districts from going beyond such line without a pass under the hand and seal of the chief executive officer of such district, or of such other officer as he may authorise to grant such pass; and the State Government may from time to time cancel or vary such prohibition.

3. Any – person so prohibited, who after “The Inner Line” has been prescribed and notified in accordance with section 2 of the this Regulation goes beyond such line without a pass, shall be liable on conviction before a Magistrate to imprisonment of either description which may extend to one year, or to a fine not exceeding one thousand rupees or both.

4. The State Government may from time to time prescribe by notification in the Official Gazette a form of pass for each district and may in such form fix such restrictions or conditions as the State Government may deem fit, and may require the payment of such dues and fees for such passed as to the State Government may deem proper. Any holder of such a pass shall, on breach of any such restriction or condition be liable on conviction to imprisonment of either description which may extend to one year or to a fine not exceeding one thousand rupees, or both.

5. (1) Any rubber, wax, ivory or other jungle product or any book, diary, manuscript, map, picture, photograph, film, curio or article of religious or scientific interest found in the possession of any person convicted of an offence under this Regulation, may be confiscates to Government by an order to be passed at the time of conviction by the Magistrate.

(2) If the Magistrate has reason to believe that any article which is found in possession of a person convicted under this Regulation would have been liable to confiscation under sub-section (1) has been acquired or wholly or partly written, made or taken by such person beyond “The Inner Line” the Magistrate after giving the person in whose possession the article is found an opportunity to show cause why an order under this sub-section should not be passed in respect of the article may, unless it is proved the article was not acquired, written, made or taken as aforesaid, order that such article be confiscated to Government.

6. The chief executive officer of any district comprised in any notification as aforesaid may, subject to the approval of the State Government, authorize, by a written instrument under his hand, any public servant to arrest and bring before him with the least practicable delay –

Firstly – Any person prohibited from crossing – “The Inner Line” prescribed for such district, if such person shall be found beyond the line, and when asked to produce his pass shall refuse or be unable so to do;
Secondly – Any person to whom pass may have been granted, and who has committed any infraction of its conditions.

7. It shall not be lawful for any – – person, not being a native of the districts comprised in the preamble of this Regulation, to acquire any interest in land or the product of land beyond the said “Inner Line” without the sanction of the State Government or such officer as the State Government shall appoint in this behalf. Any interest so acquired may be dealt with as the State Government or its said officer shall direct. The State Government may also by notification in the Official Gazette, extend the prohibition contained in this section to any class of persons, natives of the said districts, and may from time to time in the like manner cancel or vary such extension.

8 to 10. Killing or capturing elephants. – Omitted.

11. Offences against this Regulation may be tried by Magistrates of the first or second class, and shall be bailable.

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