Act 20 of 1856
14th November 1856
An Act to make better provision for the appointment and maintenance of Police Chaukidars in Cities, Towns, Stations, Suburbs and Bazars in the Presidency of Fort William in Bengal. Whereas it is expedient to make better provision for the appointment and maintenance of Police Chaukidars in Cities, Towns, Stations, Suburbs and Bazars in the Presidency of Fort William in Bengal * * * * * * *1; it is enacted as follows:--
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The monthly assessment levied under Regulation XXII, 1816, and Act XV of 1837 in any city or station at the time of the passing of this Act, shall continue to be levied until the same shall be revised and altered under the provisions of this Act.
1. The first portion of this section, repealing Ben. Reg. XXII of 1816, Section 6 of Reg. VII of 1817, Reg. III of 1821, Section 4 of Reg. II of 1832 and Act XV of 1837, was repealed by the Repealing Act, 1870 (XIV of 1870).
2. Ben. Reg. XXII of 1816 and Act XV of 1837 were repealed by the first part of Section 1 of this Act, which is here omitted.
The provisions of this Act shall have effect in all cities, stations, towns, suburbs, and bazars in the said Presidency (or territories) to which the State Government may, at any time, extend the same by notification in the Official Gazette:
Provided always that this Act shall not be extended to any agricultural village.
In all places in which this Act is now in force, it shall be deemed to have been extended under the provisions of this section.
1. Substituted for the old section by Act XXII of 1871, Section 1.
2. The Act has been extended under this section to the Town of Kalka.
3. These words were inserted by the Oudh Laws Act, 1876 (XVIII of 1876), Schedule II.
4. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
The State Government may by notification to be published in the Official Gazette, unite, for the purposes of this Act, any city, town, suburb, station or bazar, or any part or parts of a city, town, suburb, station or bazar, with any other city, town, suburb, station or bazar, or part or parts of a city, town, suburb, station or bazar; and in such case all the provisions of this Act applicable to a city, town, suburb, station or bazar shall apply to such union.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
For the purposes of this Act the State Government may define and declare the limits of any city, town, suburb, station, bazar or union, and all occupiers of houses within any such city, town, suburb, station, bazar or union as aforesaid, or within such limits as shall be so defined as aforesaid, shall be liable to be assessed or rated according to the provisions of this Act for the purpose of maintaining the chaukidars appointed to be maintained in such city, town, station, suburb, bazar or union.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
If any house be let out in portions to different persons, or be let out to or occupied by lodgers or travellers, the person who shall so let the same, or who shall receive the rents or payments from such persons or lodgers or travellers, shall, for the purposes of this Act, be deemed to be the occupier of such house.
The Magistrate may cause a name to be given to any street and affixed in such place or places as he may think fit, and may also cause a number to be affixed to every house in any street or mohulla, for the purpose of identifying such house; and if any person shall wilfully remove, obliterate or destroy such name or number, he shall be liable, on conviction by a Magistrate, to a fine not exceeding twenty rupees.
The Magistrate shall determine the number of chaukidars to be maintained in any city, town or other such place as aforesaid but the number of chaukidars so to be maintained shall not exceed one to every twenty-five houses.
The chaukidars appointed under this Act may be of different grades and the wages to be paid to the several grades shall be determined by the Magistrate.
The Magistrate shall determine the total amount required to be raised in any year in any city, town or other such place as aforesaid, for the purpose of maintaining the chaukidars appointed to be maintained therein, and for the purposes specified in sections 33, 34, 35 and 36 of this Act, together with such sum as the Magistrate may consider necessary to provide against the contingency of losses from defaulters in the current year, and the amount of losses, if any, actually sustained from defaulters in the preceding year.
The tax to be levied in any city, town or other place as aforesaid for the purposes of this Act, may be either an assessment according to the circumstances, and the property to be protected, of the persons liable to the same, or a rate on houses and grounds according to the annual value thereof.
The State Government, on the report of the Magistrate and Commissioner, * * * shall determine in each case whether the tax to be levied shall be such assessment or such rate
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. The words "of Circuit," were repealed by the Amending Act, 1891 (XII of 1891).
If the tax be an assessment according to the circumstances, and the property to be protected, of the persons liable to the same, the amount assessed in respect of any one house shall not be more than the pay of a chaukidar of the lowest grade.
If the tax be a rate on houses and grounds, it shall not exceed five per centum of the annual value thereof.
1. Substituted for the old section 11 by Act XXII of 1871, s. 2.
For the purpose of making a rate under this Act, the annual value of the houses and grounds liable to the rate shall be computed and ascertained upon an estimate of the gross annual rent at which the same might reasonably be expected to let from year to year. Grounds used for purposes of trade shall be liable to the rate, but grounds used for the purpose of cultivation or for depasturing cattle shall not be liable.
The Magistrate may, at his discretion, exempt from the assessment or rate, or may relieve from the payment of his assessment or rate, any occupier who may be unable from poverty to pay the same.
For the purposes hereinafter mentioned, the Magistrate shall constitute and appoint a panchayat for each such city, town or other place as aforesaid, or, when he may see fit to divide any such city, town or place into convenient divisions, for each division thereof, and shall issue a sanad of appointment, specifying the names, residence, business or other description of the persons appointed and the period for which the appointment is made.
Every panchayat shall consist of three or five respectable persons residing or carrying on business in or near to any such city, town or other place, or in or near to any such division thereof:
Magistrate may appoint a person not residing in the place to be a member of panchayat.
Provided that, instead of any one such person, the Magistrate may appoint any person whom he may think fit, to be a member of the panchayat, notwithstanding such person may not reside or carry on business in or near to such city, town or other place
The panchayat so appointed, or the majority of them, shall, once in every year, if required so to do by the Magistrate, prepare and make, in accordance with the rules laid down in the requisition, an assessment or rate upon the several persons liable to be assessed or rated in respect of their occupation of property within the district (whether city, town or other place as aforesaid, or any division thereof) for which the panchayat shall be appointed, and shall enter the same in a list which shall specify the names of the several occupiers of property within the district liable to be assessed or rated under the provisions of this Act, the trade, business or other description of such occupier, the property occupied, and the amount payable monthly by such occupier.
If the tax be a rate on the annual value of the property occupied, such annual value and the total amount of the annual rate shall also be specified.
Form of Magistrate's requisition.
The requisition o
The panchayat shall, if required by the Magistrates so to do, instead of making a hew assessment or rate, revise and amend the assessment or rate then in force.
When an assessment or rate shall have been made or revised, as the case may be, the panchayat shall forward to the Magistrate the list containing the same; and the Magistrate shall revise, and, if necessary, amend and settle it.
When the assessment or rate shall have been settled, the Magistrate shall sign the list, and shall cause one copy thereof, together with a notification prepared according to the form marked C in the Appendix to this Act, or to the like effect, and written in the language of the State in which the city, town or place is situate, to be struck up in some conspicuous place in the district for which the assessment or rate has been made; and another copy together with a like notification, at the nearest police-thana; and shall also cause a third copy to be deposited in his own office.
1. Substituted for the word "Province" by the Adaptation of Laws Order, 1950.
Change of occupation before a new assessment or rate.
Unless revised or corrected as hereinafter provided, every assessment or rate under this Act shall stand good for one whole year, and until a new one is made, and in case the occupier of any property included in any assessment or rate shall be changed before a new one is made, the new occupier shall be liable in respect of such property for any portion of the assessment or rate which shall have become payable during his occupation instead of the former occupier thereof; and, after notification to such person, the Magistrate may cause his name to be substituted in the said list for the name of the former occupier.
Revised assessment or rate to be deemed a new one.
Proviso.
Every assessment or rate which shall be revised according to the provisions of section 16 shall be deemed a new assessment or rate: Provided always that, if no new assessment or rate is made within the first three months of any year,
Any person assessed or rated, who shall be dissatisfied with his assessment or rate, or who shall dispute his occupation of any property or his liability to be assessed or rated, may appeal on unstamped paper to the Magistrate, and the Magistrate, after making such inquiries as he deems necessary, by examination of the appellant on oath or solemn affirmation, or otherwise, may confirm the assessment or rate or amend the same.
In case the Magistrate confirm the assessment or rate, he may award costs against the appellant.
The decision of the Magistrate in such cases shall be final, and no objection shall be taken to any assessment or rate, nor shall the liability of any person to be assessed or rated be questioned in any other manner or by any other Court:
Limitation of appeal.
Provided that no appeal shall be received after the expiration of one month from the time of the notification of the assessment or rate prescribed by section 18, or of the notifica
The Commissioner, with the consent of the State Government, may, at any time, direct the Magistrate to revise the assessment or rate of any city, town or other place as aforesaid, specifying the reasons which, in his opinion, render such revision necessary and the Magistrate shall, according to such direction, revise and, if necessary, amend the same.
1. The words "of Circuit" were repealed by the Amending Act, 1891 (XII of 1891).
2. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
The Magistrate may require the panchayat to revise the assessment or rate at any period during the year; but on every such occasion he shall address a written order to the panchayat, specifying the reasons which render such revision necessary, and requiring an amended return within a stated period.
Whenever any assessment or rate is revised during the year as provided in the two last preceding sections, a revised list, together with a notification as prescribed in section 18, shall be prepared and published in the manner therein directed. And all objections to such revised assessment or rate shall be made and dealt-with in the manner prescribed in section 20.
If any person appointed a member of a panchayat refuse to undertake the office, or omit to perform the duties thereof, and do not, within fifteen days from the date of his appointment, show satisfactory grounds for his refusal or omission, or provide such a substitute as the Magistrate approves, the Magistrate may fine such person in a sum not exceeding fifty rupees.
If the persons appointed a panchayat, or a majority of them, refuse, or omit, for a period of fifteen days after the receipt of an order from the Magistrate, to perform the duties required of them, the Magistrate may himself make or revise the assessment or rate, and may enforce the same as if it had been made or revised in the first instance by the panchayat:
Proviso.
Provided that the functions of the panchayat shall not thereby absolutely cease and determine, but may be resumed at any time, only not so as to invalidate any act done by the Magistrate under this section.
No person shall be bound to act on a panchayat unless he shall reside or carry on business within the limits of the district for which the panchayat is to be appointed.
Every panchayat shall be appointed for the period of one year, and no person shall be compelled to serve on a panchayat for more than one year at a time, or within less than three years after the expiry of previous service; but nothing in this section shall prevent any person from being appointed to serve on a panchayat at any time whatsoever with his own consent.
If a majority of the persons assessed or rated in any district for which a panchayat shall be appointed, not being in arrear, make application in writing to the Magistrate for the removal of any member of the panchayat appointed for such district, the Magistrate, if he thinks it expedient, may remove such member from the panchayat.
If any vacancy shall occur among the members of a panchayat, or if any member appointed shall refuse or decline or be unable to act, the Magistrate may nominate and appoint another person to supply the vacancy or to act in the stead of such member, subject to the rules already laid down as to the original appointment of members; but such appointment may be made by a written communication to the person appointed, and it shall not be necessary to issue a new sanad under section 14 of this Act.
The panchayat shall give notice to the Magistrate of any neglect or misconduct on the part of any chaukidar within the district for which they are appointed, which shall come to their knowledge; and shall also give notice of any vacancy which shall occur in consequence of the death or absence of any chaukidar or from any other cause.
In cities and large towns containing three or more divisions or districts, the Magistrate may appoint a sadr panchayat consisting of not less than five members, who may be selected either from the members of the local panchayats or from any other residents of the city or town.
It shall be the duty of the sadr panchayat to assist the Magistrate, when required so to do, in carrying out generally the object of this Act, and particularly in revising the assessment or rate made by the district panchayats and enquiring into and reporting on appeals preferred against the same.
The chaukidars to be employed under this Act shall be appointed by the State Government, and the Magistrate shall cause to be kept a register in which shall be entered the name, age, place of residence and previous occupation of every person so appointed, with the date of his appointment.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
The (State) Government may appoint such number of jemadars and inspectors as may be necessary for the supervision and control of the chaukidars:
Provided that the number of these officers shall not be greater than one jemadar to fifteen chaukidars, and one inspector to sixty chaukidars.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. Substituted for the words "Subject to the approval of the Commissioner, the Magistrate" by the Government of India (Adaptation of Indian Laws) Order, 1937.
The (State) Government may appoint one or more tax-collectors or daroghas, and such other servants as may be necessary for preparing, or assisting the panchayat in preparing the assessment or rate, for copying the same, for collecting the tax, keeping the accounts and records, and otherwise carrying out the purposes of this Act.
The Magistrate shall take from every tax-collector or darogha such security for the due disposal of the sums collected by him as may be thought necessary.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. Substituted for the words "Subject to the approval of the Commissioner, the Magistrate" by the Government of India (Adaptation of Indian Laws) Order, 1937.
The Magistrate may further incur any reasonable expense in the purchase of stationery, in providing badges, dresses and weapons for the chaukidars, and for any other contingencies that may seem to him necessary.
1. As to raising money for the purposes specified in ss. 33--36, see s. 9 supra.
As to expenditure by the Deputy Commissioner of sums available under s. 36, see also s. 69(2) of Act XX of 1883, infra
After paying the wages of the chaukidars, and defraying the charges specified in the three last preceding sections of this Act, the Magistrate may with the sanction of the Commissioner * * appropriate any sum which may be available, to the purpose of cleansing the city, town or place, or of lighting or otherwise improving the same.
1. As to raising money for the purposes specified in ss. 33--36, see s. 9 supra.
As to expenditure by the Deputy Commissioner of sums available under s. 36, see also s. 69(2) of Act XX of 1883, infra
2. The words "of Circuit" were repealed by the Amending Act, 1891 (XII of 1891).
The tax-daroghas shall prepare, from the lists hereinbefore mentioned, a register which shall be attested by the Magistrate or his Deputy or Assistant, and shall contain the names of all persons assessed or rated so far as they can be ascertained, the property in respect of which the assessment or rate in each case is imposed, and the amount payable monthly by each person.
On such dates as may be fixed by the panchayats for payment of instalments of the tax, the tax-darogha shall proceed in person or through some one of his office establishment, to collect the amount due for the current month from each person subject to the tax; and for all sums so collected the darogha shall grant a receipt:
Provided that, with the sanction of the (Commissioner) previously obtained, the collection may be made quarterly instead of monthly; and, in such case, the amount due for each quarter shall be collected in the last month of that quarter.
1. Substituted for the old section by Act XXII of 1871, s. 3.
2. The word "Commissioner" was substituted for the words "Commissioners of Circuit" by the Amending Act, 1891 (XXI of 1891).
The tax-darogha shall remit to the Magistrate, in such manner as the Magistrate shall direct, all sums of money collected either by himself or by any one of his establishment and the Magistrate, or some officer of his establishment authorised on that behalf, shall give the darogha a receipt for every sum of money so remitted.
The Magistrate shall also cause all such sums of money to be credited to a separate fund, to be called the chaukidari fund of the city, town or place in or on account of which they are collected.
The tax-darogha shall prepare all summonses and processes to be issued against defaulters, and shall make the usual returns thereto, and shall keep a regular account of all distresses levied and sales made by him for the realisation of arrears.
On the 10th day after the date fixed for the payment of instalments of the tax, or as soon after as possible, the tax-darogha shall deliver or transmit to the Magistrate, in one list, a statement of all defaulters, the property in respect to which they are assessed or rated, the amount of the monthly assessment or rate, and the amount due from each.
1. Substituted for the words "on the twentieth of each calendar month" by Act XXII of 1871, s. 4.
On receipt of the aforesaid list, the Magistrate shall issue a summons against each of the defaulters therein mentioned, requiring him either to pay the demand or to attend at the Kachahri of the Magistrate, within a reasonable time, to be specified in the summons, to show cause for his refusal.
If any defaulter fail to appear in answer to the summons, or, having appeared, fail to satisfy the Magistrate that no arrear is due from him, the Magistrate may issue a warrant to the tax-darogha, authorising him to levy the whole or any part of the demand by distress and sale of any goods and chattels belonging to the defaulter, or being at any time upon the premises in respect of which the arrear is due; and the Magistrate's orders as contained in the warrant shall be final.
The tax-darogha shall make an inventory of all goods and chattels seized under the Magistrate's warrant, and shall give previous notice of the sale, and the time and place thereof, by beat of drum, in the district in which the property is situated.
Proceeds how to be applied.
If the arrears be not paid with costs, or the warrant be not in the meantime discharged or suspended by the Magistrate, the goods and chattels seized shall be sold at the time and place specified, in the most public manner possible; and the proceeds shall be applied in discharge of the arrears and costs, and the surplus, if any, shall be returned on demand to the person in possession of the goods and chattels at the time of the seizure.
Returns of sale Costs.
The tax-darogha shall make a return of all such sales to the Magistrate in the form specified in Appendix D, and the costs upon every such proceeding shall be such as are mentioned and set forth in Appendix E annexed to this Ac
Any tax-darogha or other servant appointed under this Act, and any chaukidar or officer of police, who shall purchase any property at any such sale as aforesaid, shall be liable, upon conviction before a Magistrate, to a penalty not exceeding fifty rupees; and the property shall be confiscated.
If no sufficient goods or chattels belonging to a defaulter, or being upon the premises in respect of which he is assessed or rated, can be found within the district in which the premises are situate, the Magistrate may issue his warrant to the nazir of his Court for the distress and sale of any personal property or effects belonging to the defaulter within any other part of the jurisdiction of the Magistrate, or for the distress and sale of any personal property belonging to the defaulter within the jurisdiction of any other Magistrate whatsoever; and such other Magistrate shall back the warrant so issued, and cause it to be executed, and the amount, if levied, to be remitted to the Magistrate issuing the warrant.
All goods and chattels, except tools or implements of trade, which may be found upon any premises in respect of which an arrear is due, shall be liable to be distrained for the recovery of such arrear.
But owner of goods to be indemnified by the defaulter.
If the goods and chattels belong to any person other than the defaulter, the defaulter shall indemnify the owner of such goods and chattels from any damage he may sustain by reason of such distress or by reason of any payment he may make to avoid such distress or any sale under the same:
Provided that no distress shall be made for any arrears due under this Act, after the expiration of six calendar months from the time when such arrears became due.
Every person who shall wilfully obstruct or molest any tax-darogha or any of his establishment in the performance of their duties under this Act, or shall fradulently conceal, remove or dispose of any of his property for the purpose of avoiding a distress under the provisions of this Act, or shall knowingly assist any other person in so doing, shall be liable, on conviction before a Magistrate, to a penalty not exceeding fifty rupees.
The Magistrate shall receive and try all complaints preferred on oath or solemn affirmation against any tax-darogha or other person appointed under this Act for extortion, malversation or other misconduct in the discharge of his duty.
Penalty for extortion etc.
On proof of any such offence, the tax-darogha or other person as aforesaid shall be liable to dismissal from office, and to imprisonment, with or without labour, for a period not exceeding six months, and may also be compelled to refund any money corruptly or unduly exacted or received, and to deliver up any effects which may have been illegally distrained or sold, or the value thereof, or, in default and until such delivery or refund be made, shall be liable to further imprisonment, with hard labour, for not more than six months.
Proviso.
But nothing in this section shall be taken to prevent the Magistrate from committing any tax-darogha or other person as aforesaid for trial before the Sessions
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