OUDH LAWS ACT, 1876
This Act may be called the Oudh Laws Act, 1876.
Local extent.- It extends only to {The words "the territories for the time being administered by the Chief Commissioner of" rep.by the A.O.1937.} Oudh;
Commencement.- and it shall come into force on the passing thereof.
Rep.by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.
{The provisions of this section have been rep.in so far as they are inconsistent with the Muslim Personal Law (Shariat) Application Act, 1937 (26 of 1937); see s.6 of that Act.}
The law to be administered by the Courts of Oudh shall be as follows:-
(a) the laws for the time being in force regulating the assessment and collection of land-revenue:
(b) in questions regarding succession, special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, bastardy, farmily relations, wills, legacies, gifts, partitions, or any religious usage or institution, the rule of decision shall be-
(l) any custom applicable to the parties concerned which is not contrary to justice, equity or good conscience, and has not been, by thi
All local customs and mercantile usage's shall be regarded as valid, unless they are contrary to justice, equity or good conscience, or have, before the passing of this Act, been declared to be void by and competent authority.
Where the amount of dower stipulated for in any contract of dower by a Muhammadan is excessive with reference to the means of the husband, the entire sum provided in the contract shall not be awarded in any suit by decree in favour of the plaintiff, or by allowing it by way of set-off, lien or otherwise to the defendant; but the amount of the dower to be allowed by the Court shall be reasonable with reference to the means of the husband and the status of the wife.
Rule applicable after husbands death.-
This rule shall be applicable whether the suit to enforce the contract be brought in the husband's life time or after his death.
The right of pre-emption is a right of the persons hereinafter in mentioned or referred to, to acquire, in the cases hereinafter specified, immovable property in preference to all other persons.
Unless the existence of any custom or contract to the contrary is proved, such right shall, whether recorded in the settlement-record or not, be presumed-
(a) to exist in all village-communities, however constituted, and whether proprietary or under-proprietary, and in the cases referred to in section 40 of the Oudh Land-revenue Act, (17 of 1876) {See now the U.P.Land Revenue Act, 1901 (U.P.3 of 1901).} and
(b) to extend to the village-site, to the houses built upon it, to all lands and shares of lands within the village-boundary, and to all transferable rights affecting such lands.
The right of pre-emption shall not be presumed to exist in any town or city, or any sub-division thereof, but may be whom to exist therein and to be exercisable therein by such persons and under such circumstances as the local custom prescribes.
If the property to be sold or foreclosed is a proprietary or under-proprietary tenure, or a share of such a tenure, the right to buy or redeem such property belongs, in the absence of a custom to the contrary,-
1st, to co-sharers of the sub-division (if any) of the tenure in which the property is comprised, in order of their relationship to the vendor or mortgagor;
2ndly, to co-sharers of the whole mahal in the same order;
thirdly, to any member of the village-community; and
fourthly, if the property be an under proprietary tenure, to the proprietor.
Where two or more persons are equally entitled to such right' the person to exercise the same shall be determined by lot.
{S.9A ins.by U.P.Act 15 of 1939, s.2.}
No suit shall lie for enforcing a right of pre-emption under this Act in respect of a portion only of the property sold or foreclosed:
Provided that, where the plaintiff has a right of pre-emption in respect of only a portion of the property sold or foreclosed, then notwithstanding anything to the contrary contained in any enactment a suit for the pre-emption of that portion only shall lie and the plaintiff shall have to pay the proportionate price or the proportionate amount due in respect of such mortgage for such portion of the property as the case may be.]
When any person proposes to sell any property, or when he forecloses a mortgage upon any property, in respect of which any persons have a right of pre-emption, he shall give notice to the persons concerned of the price at which he is willing to sell such property, or of the amount due in respect of such mortgage, as the case may be:
{The proviso ins.by s.3, ibid.} [Provided that, where a person has a right of pre-emption in respect of a portion only of the property proposed to be sold or foreclosed, the notice to such person shall specify the proportionate amount of the price or the proportionate amount due in respect of such mortgage at which the person proposing to sell or foreclose is willing to sell or redeem such portion of the property, as the case may be.]
Such notice shall be given through the Court within the local limits of who
Any person having a right of pre-emption in respect of any property proposed to be sold shall lose such right, unless within three months from the date of such notice he or his agent pays or tenders the price {Subs.by s.4, ibid., for "aforesaid".} [specified in the notice given under the preceding section] to the person so proposing to sell.
When the right of pre-emption arises in respect of the foreclosure of a mortgage {Ins.by s.5, ibid.} [or a portion of the mortgage], any person entitled to such right may, at any time within three months after the giving of the notice required by section 10, pay or tender to the mortgagee or his successor in title the amount specified in such notice, and shall thereupon acquire a right to purchase the property, {Ins.by U.P.Act 15 of 1939, s.5.} [or a portion thereof, as the case may belt
On completion of the purchase the person exercising the right of re-emption shall be bound to pay to the mortgagee or his successor in title the amount specified in such notice, together with interest on the principal sum secured by the mortgage {Ins.by U.P.Act 15 of 1939, s.5.} [or the proportionate amount of such principal sum in respect of the portion of the property in which he possesses the ri
Any person entitled to a right of pre-emption may bring a suit to enforce such right on any of the following grounds (namely) :-
(a) that no due notice was given as required by section 10;
(b) that tender was made under section 11 or section 12 and refused;
(c) in the case of a sale, that the price stated in the notice was not fixed in good faith;
(d) in the case of a mortgage, that the amount claimed by the mortgagee was not really due on the footing of the mortgage and was not claimed in good faith, and that it exceeds the fair market-value of the property mortgaged, {Ins.by s.6, ibid.} [or the portion of the property mortgaged in respect of which he possesses the right of pre-emption, as the case may be].
&n
If the Court find for the plaintiff, the decree shall specify a day on or before which the purchase-money or the amount to be paid to the mortgagee shall be paid.
If such purchase-money or amount is not paid into Court before it rises on that day, the decree shall become void, and the plaintiff shall' so far only as relates to such sale or mortgage, lose his right of pre-emption over the property to which the decree relates.
The Judicial Commissioner's Circular No.104 of July, 1860, shall be held to have been a notification within the meaning of section 24 of Act 14 of 1859, {See now the Limitation Act, 1908 (9 of 1908).} and such Act shall be deemed to have been in force in Oudh from the fourth day of July, 1862; and all orders and decrees passed under the rules contained in the said Circular or under the said Act, shall be deemed to have been passed under a iaw m force for the time being.
Nothing in this section affects the provisions of sections 109, 104 105, 106, 107 and 108 of the Oudh Rent Act (XIX of 1868){Act 19 of 1868 was rep.by the Oudh Rent Act, 1886 (22 of 1886), s.2.Act 22 of 1886 has been rep.by the U.P.Tenancy Act, 1939 (U.P.17 of 1939).}with regard to the limitation of suits under that Act.
Rep.by the Repealing and Amending Act, 7891 (12 of 1891).
Rep. by the Repealing and Amending Act, 7891 (12 of 1891).
{See now ss.181 to 190, both inclusive, of the Code of Civil Procedure, 1908 (5 of 1908).}
Section 172 of Act No.8 of 1859 is hereby repealed, so far as the province of Oudh is concerned, and the following section is substituted therefor:-
"On the day appointed for the hearing of the suit, or on some other day to which the hearing may be adjourned, the evidence of the witnesses in attendance shall be taken orally in open Court in the presence and hearing and under the personal direction and superintendence of the Judge.
"A note of the essential points of the evidence of each witness is to be taken at the time, and in the course of oral examination, by the officer who tries the case, in his own language, or in English if-he is sufficiently acquainted with that language, and such note shall be
So much of section 60 of the Code of Civil Procedure, 1908, (5 of 1908) as renders land liable to sale in execution of a decree shall be subject to the following restriction:-No ancestral land shall be sold in satisfaction of a decree without the permission of the State Government.
Explanation.-In this section the words " ancestral land " mean-
(a) land forming a mahal or share in or portion of a mahal, which has been owned continuously from the conclusion of the first regular settlement by the proprietor, which term shall include an under-proprietor as defined in section 4, clause (15), of the United Provinces Land revenue Act, 1901, (U.P.3 of 1901) or by the person or persons from whom such proprietor has directly or indirectly inherited such land;
(b) land forming an estate or part of an es
Section 20 of the Oudh Laws Act, 1876 (Act No. 18 of 1876) is a significant provision that deals with the execution-sale of ancestral and acquired property in land. It restricts the sale of ancestral land to satisfy a decree and provides procedural safeguards to protect the interests of owners, particularly in the context of execution proceedings. The section reflects the Act's broader objective of preserving ancestral property and ensuring that transfers are made only under specific, regulated circumstances.
Section 20 provides that no ancestral land shall be sold in satisfaction of a decree without the permission of the Lieutenant-Governor. It further empowers the government to make rules for the custody and sale of property, and specifies that the provisions regarding execution-sale apply to both ancestral and acquired property. The section essentially imposes a restriction on the alienation of ancestral land through execution proceedings, requiring a higher level of authorization (the permission of the Lieutenant-Governor) before such a sale can take place.
The scope of Section 20 is primarily restricted to the execution-sale of land, both ancestral and acquired, and the conditions under which such a sale can be effected. It does not extend to other types of property or to transfers made through other means (e.g., gifts, exchanges). The section is concerned specifically with the protection of ancestral property and the regulation of its sale in execution proceedings.
While the sources provided do not specify the exact punishment for violations of Section 20, it is clear from the context of the Act and similar provisions in Indian legislation that violations may result in penalties, fines, or imprisonment. The Act generally provides for punishment by fine or imprisonment for breaches of its rules and provisions.
"Execution-sale of ancestral land" - Section 20 restricts the execution-sale of ancestral land to satisfy a decree without the permission of the Lieutenant-Governor. This provision aims to protect ancestral property from being sold off in execution proceedings without proper authorization. - [ RAJA BIRENDRA BIKRAM SINGH VS BRIJ MOHAN PANDE - 1934 0 Supreme(SC) 20]
"Permission of Lieutenant-Governor" - The requirement of the Lieutenant-Governor's permission for the sale of ancestral land is a key safeguard. This ensures that the government has oversight over the alienation of ancestral property, preventing unauthorized or forced sales. - [ RAJA BIRENDRA BIKRAM SINGH VS BRIJ MOHAN PANDE - 1934 0 Supreme(SC) 20]
"Power to make rules" - Section 20 empowers the government to make rules for the custody and sale of property, providing flexibility in implementation and regulation of execution-sales. - [ RAJA BIRENDRA BIKRAM SINGH VS BRIJ MOHAN PANDE - 1934 0 Supreme(SC) 20]
"Applicability to acquired property" - The section extends beyond ancestral land to include acquired property in land, broadening its protective scope to cover a wider range of immovable assets. - [ RAJA BIRENDRA BIKRAM SINGH VS BRIJ MOHAN PANDE - 1934 0 Supreme(SC) 20]
"Prohibition on sale without permission" - The sale of ancestral land without the required permission is void and cannot be enforced, as held in various judicial interpretations of the Act. - [ Kashif Husain VS B Sashadhar Singh - 1929 0 Supreme(Oudh) 13]
"Judicial interpretation" - Courts have consistently held that Section 20 must be strictly interpreted, and any sale of ancestral land in execution proceedings must comply with its requirements to be valid. - [ SUKHNANDAN VS SURAJ BALI - 1950 0 Supreme(All) 317]
"Section 20 and pre-emption" - Section 20 interacts with the provisions relating to pre-emption under the Oudh Laws Act, particularly in cases where the sale of ancestral land is challenged by a co-sharer or under-proprietor claiming a right of pre-emption. - [ RAJA BIRENDRA BIKRAM SINGH VS BRIJ MOHAN PANDE - 1934 0 Supreme(SC) 20]
"Historical context" - The Oudh Laws Act, 1876, was enacted to consolidate and amend the laws to be administered in Oudh, and Section 20 reflects the legislative intent to protect ancestral property from arbitrary or forced sales. - [ HAJI EHSAN ELAHI VS ADDITIONAL DISTRICT JUDGE - 2012 0 Supreme(All) 3081]
"Legal principles" - The principles of natural justice and the protection of ancestral property are central to the interpretation and application of Section 20, as emphasized in various judicial decisions. - [ GHANSHYAM VS STATE OF U. P. - 2010 0 Supreme(All) 3910]
"Repeal and amendment" - While Section 20 has not been explicitly repealed, its application has been subject to various amendments and judicial interpretations over time, reflecting the evolving legal landscape in Oudh. - [ RAJA BIRENDRA BIKRAM SINGH VS BRIJ MOHAN PANDE - 1934 0 Supreme(SC) 20]
"Impact on execution proceedings" - Section 20 has a significant impact on execution proceedings involving ancestral land, as it requires the court to obtain the Lieutenant-Governor's permission before ordering a sale. - [ Kashif Husain VS B Sashadhar Singh - 1929 0 Supreme(Oudh) 13]
"Role of the Collector" - The Collector plays a key role in the execution-sale process under Section 20, as the authority responsible for initiating and regulating such sales. - [ Naloo Patra VS Emperor - 1910 0 Supreme(Cal) 52]
"Section 20 and the Limitation Act" - The provisions of Section 20 must be read in conjunction with the Limitation Act, as the sale of ancestral land in execution proceedings is subject to limitation periods and other procedural requirements. - [ Jnanana Prasanna Bhaduri VS Hemendra Nath Roy Choudhury - 1934 0 Supreme(Cal) 103]
"Section 20 and the Transfer of Property Act" - The Transfer of Property Act, 1882, and its provisions relating to the sale of immovable property must be read in harmony with Section 20 of the Oudh Laws Act. - [ Naloo Patra VS Emperor - 1910 0 Supreme(Cal) 52]
"Judicial precedents" - Several judicial decisions have interpreted and applied Section 20, reinforcing its role as a protective measure for ancestral property in execution proceedings. - [ SUKHNANDAN VS SURAJ BALI - 1950 0 Supreme(All) 317]
Rep.by the Oudh Civil Courts Act, 1879 (13 of 1879).
Notwithstanding anything contained in the said Code, any Civil Court sitting within the local limits of the jurisdiction of the on Lucknow Civil Court, but exercising jurisdiction beyond such limits, may cause summonses, warrants, notices and other processes to be served within the local limits of the jurisdiction of the Lucknow Civil Court without causing the same processes to be served through such Court.
Rep.by the Oudh Rent Act, 1886 (22 of 1886).
Rep. by the Oudh Rent Act, 1886 (22 of 1886).
Rep.by.the Oudh Rent Act, 1886, Amendment Act, 1901 (U.P.4 of 1901).
Notwithstanding anything contained in Act No.XX of 1865 {See now the Legal Practitioners Act, 1879 (18 of 1879).} all persons duly admitted and enrolled as Revenue-agents under that Act in {The words "the territories for the time being under the administration of the Chief Commissioner of" rep.by the A.O.1937.} Oudh may appear, plead and act in suits under the Oudh Rent Act (19 of 1868) {See now the U.P.Tenancy Act, 1939 (U.P.17 of 1939).} in the Courts of officers exercising the powers of Assistant Collectors, Deputy Collectors, Collectors and Commissioners under the same Act.
With the sanction of the State Government, the {Subs.by the A.O.1950 for " Chief Court "} [High Court] may from time to time make rules consistent with this Actand with the Code of Civil Procedure {See now the Code of Civil Procedure, 1908 (5 of 1908).} -
(a) for the custody and sale of movable property attached in execution of decrees;
(b) for the levy of a fee or commission on the sale of attached property and the disposal of the funds accruing from such fees;
(c) as to the appointment and remuneration of persons {Ins.by the A.O.1937.} (not being persons in the service of the Government)] by whom property is to be attached, kept in custody and sold;
(d) as to the appointment and remuneration of persons {Ins.by the A.O.1937.} [(not being persons in
Rep.by the Oudh Civil Courts Act, 1879 (13 of 1879).
The nomination to the post of village-policeman shall be made by the zamindar of the village, or, where there are more zamindars than one, by the lambardar as their representative; and, where there poll are more lambardars than one, the opinion of the majority (unless there is some special provision to the contrary in the village administration-paper) shall prevail.
Every person authorized to nominate to the office of village- policeman shall, within fifteen days after the occurrence of a vacancy such office, nominate a proper person to the vacant post, and communicate the nomination to the Magistrate of the district.
The person so nominated shall, after due enquiry into his age, character and ability, be appointed or rejected by the State Government.
In default of such nomination within the said fifteen days, the State Government shall appoint such person as it thinks fit to the vacancy.
Procedure in case of rejection of nominee.-
If the nomination has been made within the said fifteen days, but the nominee is rejected, the person authorized to nominate shall, within fifteen days from the date of such rejection, nominate another person to the vacant post; and in default of such nomination, or if such nomination has been made but the nominee is again rejected, the State Government shall appoint such person as it thinks fit to the vacancy.
Subject to the rules to be framed under section 39 and for the time being in force, the State Government may from time to time appoint persons to be {Subs.by the A.O.1937 for "the road-police of his district";} [road-police].
Every village-policeman and every road-policeman shall perform the following duties:-
(a) he shall give immediate intermission to the officer in charge of the police-station appointed for his village or beat-
(1) of every unnatural, suspicious or sudden death occurring in the village of which he is chaukidar, or within his beat;
(2) of each of the following offences occurring in such village or on such beat (that is to say), murder, culpable homicide, rape, dacoity, theft, robbery, mischief by fire, house-breaking, counterfeiting coin, causing grievous hurt, riot, harbouring a proclaimed offender, exposure of a child, concealment of birth, administering stupefying drugs, kidnapping, lurking house-trespass; and
(3) of all attempts and preparations to
Whenever a village-policeman or road-policeman arrests any person, he shall take him as soon as possible to the police-station with in the jurisdiction of which his village or beat is situate.
The Magistrate of the district may dismiss any village-police man or road-policeman for any misconduct or neglect of duty.
Where any village-policeman is guilty of neglect of duty or other misconduct, the person authorized to nominate to his office may report him for dismissal to the Magistrate of the district; and such Magistrate shall dismiss him accordingly, unless the Magistrate has reason the think that such dismissal would be improper.
Every village-policeman and road-policeman guilty of any wilful misconduct in his office, or of neglect of duty, such misconduct o neglect not being an offence within the meaning of the Indian Penal Code, (45 of 1860).
or withdrawing from the duties of his office without permission and without having given at least two months' notice of his intention withdraw from such duties to the persons authorized to nominate appoint under sections 29, 32 and 33 (as the case may be),
or offering any unnecessary personal violence to any person in his custody,
Penalty.-
shall be liable, on conviction before a Magistrate, to a penalty not exceeding three months' pay, or to imprisonment for a period to exceeding three months, or to both.
All fines levied under this Act on village-policemen or road policemen shall be credited to such fund as the State Government from time to time appoints.
The State Government may, from time to time, {The words "with the previous sanction of the G.G.in C." rep.by Act 14 of 1878, s.5.} make rules consistent with this Act as to-
(a) the discipline and remuneration of the village and roadpolice and the regulation of their number, location anti duties;
(b) the disposal of unclaimed property under Act No.5 of 1861 (for the regulation of police), sections 25, 26 and 27;
(c) public health and conservancy at fairs and other large public assemblies, and the maintenance of a proper watch and ward at such fairs and assemblies;
(d) imposing {The words "with the previous sanction of the G.G.in C." rep, by the A.O.1937.} taxes for those purposes only;
{Subs., ibid.,
1[40(1)].Publication of rules
All rules made by the State Government under section 39, and all rules made by the {Subs.by the A.O.1950 for "Chief Court".} [High Court] under section 27, shall be published in the Official Gazette, and shall thereupon have the force of law.
2[(2) Every rule made by the State Government under section 39 shall be laid, as soon as may be after it is made, before the State Legislature.]
______________________
1. Substituted by The Delegated Legislations Provisions (Amendment) Act, 2004
2. Inserted by The Delegated Legislations Provisions (Amendment) Act, 2004
Rep.by the Repealing and Amending Act, 1891 (12 of 1891).
Whoever breaks any rule made or continued under this Act, not being a rule made by the {Subs.by the A.O.1950 for "Chief Court".} [High Court], shall, on conviction before a Magistrate; be punishable with fine which may extend to fifty rupees, or with imprisonment for a term which may extend to six months, or with both.
Rep.by the Oudh Civil Courts Acts, 1879 (13 of 1879.)
The State Government may-, from time to time, confer on any person whom it thinks fit any power which may be exercised by a police-officer under any Act for the time being in force, and withdraw any power so conferred.
Creation and alteration of districts and sub-divisions
Rep.by the United Provinces Act, 1890 (20 of 1890), s.35.
THE FIRST SCHEDULE.
Rep.by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.
THE SECOND SCHEDULE
(See section 3)
PART 1.-BENGAL REGULATIONS
Number and year Subject Modifications
XXIII of 1803. clause Embezzlement by Native Officers In section 1 and in section 2, First, before ''sezawals," insert " tahsildars".
In section 2, after the first clause, I insert " Second.-The responsibility of the sureties of tahsildars extends to the several cases provided for in this Regulation."
In section 3, for " Dewanny Adawlut of the Zillah, the Judge of which Court shall detain him," read " District where he shall be detained;" for " real or personal," read " movable or immovable,
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