Regulation 5 of 1873
[27th August, 1873.]
A Regulation for the peace and Government of certain districts on the Eastern Frontier of Bengal.
Preamble. – [Whereas the Secretary of State for India in Council has by Resolution in Council, declared the provisions of Act 33 Vict., Chap. 3, section 1, to be applicable to the districts of Kamrup, Darrang, Nawgong, Sibsagar, Lakhimpur, 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 33rd of Victoria, chapter 3.
1. Local extent. – [This Regulation shall extend to the districts named in the preamble, and shall come into force on the 1st of November, 1873.]
2. Power to prescribe and alter the inner line. – 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 abovenamed districts.
The [State Government] may, by notification in the [Official Gazette], prohibit all [citizens of 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 authorize to grant such pass; and the [State Government]may, from time to time, cancel or vary such prohibition.
3. Penalty for crossing the line without a pass. – Any [* * * * *]person so prohibited, who, after ‘The Inner Line” has been prescribed and notified in accordance with section 2 of 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 to both].
4. Power to prescribe a form of pass. – 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 passes as to the [State Government] may seem proper.
Any holder of such a pass shall, on breach of any such restriction or condition, be liable on conviction [to the imprisonment of either description which may extend to one year or to a fine not exceeding one thousand rupees, or to both].
5. Confiscation of jungle product found with the offender. – [(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 confiscated 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 the 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 subsection should not be passed in respect of the article may unless it is proved that the article was not acquired, written, made or taken as aforesaid, order that such article be confiscated to Government.
6. Power to authorize an arrest. – 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 a pass may have been granted, and who has committed any infraction of its conditions.|
7. Acquisition of interest in land by other than Natives of districts comprised in the preamble. – 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 office 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 like manner cancel or vary such extension.
8 to 10. Killing or capturing elephants. – Repealed by Regn. 1 of 1880.
11. Jurisdiction as to offences. – Offences against this Regulation may be tried by Magistrates of the first or second class and shall be bailable.