The Banaras State Constitution Laws and Procedure, 1915
(1) Bhadohi (area 395 square miles, population 2,73,708).
(2) Chakia (area 474 square miles, population 76,794).
(3) Ram Nagar (area 31,9802 acres or 4.99 square miles, populations, 12,233).Population of the State according to the census of 1941 - 4,51,428. 2. The boundaries of Bhadohi and Chakia are each between 15 and 20 miles distant from Ramnagar and are divided therefrom by British Territory. 3. The capital of Bhadohi is Gyanpur. The district is thickly populated and highly cultivated. It is traversed by two lines of railways. Its people are well to-do and litiguous. 4. Chakia, on the other hand is sparsely populated and largely a game preserve. Its people are generally poor, ignorant and submissive. Its capital is Chakia. 5. The two tracts differing widely from each other require somewhat different systems of administration. At the same time it is desirable to control both systems from Ramnagar, the headquarters of the State. His Highness retain the supreme executive authority in his own hands and will be assisted by his son, the Kunwar Sahib [who will act as his personal assistant. All papers submitted to the H.H. for orders should through the personal assistant, who will forward to H.H. with note.] 6. There may be appointed a Diwan or Chief Secretary who will be in charge of such work as the Maharaja thinks fit to entrust him with. All business communications from officers of the State entitled to approach His Highness direct may either be a addressed to His Highness direct or through the Chief Secretary or any other officer the Maharaja may appoint in this behalf. The term of office of the Chief Secretary will ordinarily be 5 years. An extension may, however, be granted, if it so pleases His Highness. 7. The Chief Secretary will, in consultation with the different officers of the State prepare the annual budget for His Highness,' sanction [and submitted to him through the personal assistant]. 8. For the administration of Bhadohi there will be appointed a Collector and Magistrate on Rs. 500 rising by annual increment of Rs. 25 to Rs. 600 per mensem plus travelling allowance according to Civil Service Regulations. He will be in charge of the criminal, revenue and general administration of the district. He shall exercise the same powers as a first class Magistrate exercised in British territory with this addition that he will hear appeals from the orders and decisions of the second and third class magistrates. He may be assisted by a Deputy when there is pressure of work. The latter will exercise such of the powers of the Magistrate and Collector as may be delegated to him from time to time. The Magistrate shall have power to transfer cases to the file of such second and third class Magistrates as may be appointed. As Collector he will be in charge of excise and stamps and will supervise the Tahsildar's collections of all monies. He will exercise powers similar to those of a Collector under Tenancy and Revenue Acts and will dispose of cases accordingly with the exception of ejectment suits and suits under Section 31 of Tenancy Act. These will be disposed of by the Judge of Bhadohi. All ejectment proceedings under Section 59 of the Tenancy Act will be carried out by the Collector personally. 9. The Collector and Magistrate will also be assisted by a Tahsildar, who will receive a pay not less than that of a second grade Tahsildar in British districts, beside travelling allowance at the rate of Rs. 1 per mensem subject to restrictions obtaining in British districts. He may be ingested with powers of a second class Magistrate. In revenue matters he will exercise power of an Assistance Collector second class as defined in Tenancy and Revenue Acts and will dispose of cases accordingly. His jurisdiction will, however, be limited to suits not exceeding Rs. 50 in value. 10. He will conduct the collections of all monies in the manner in which a Tahsildar in British territory conducts collections and with similar powers. 11. The Tahsildar will be assisted by Naib-Tahsildars amongst whom he will distribute work. No judicial work should, however, be distributed to any Naib-Tahsildar unless he has been especially empowered to try and given judicial powers. 12. A resident Judge will also be appointed at Gyanpur. He will draw a salary of Rs. 500 rising to Rs. 600 by annual increment of not less than Rs. 25. He will be the Civil Judge in the district of Bhadohi and Chakia for all the civil cases whether relating to land or not. [He will also exercise the powers of a Small Cause Court Judge and of a Sessions Judge at Bhadohi]. He shall also exercise the powers of a Session Judge in the district of Chakia and Ramnagar in respect to the trial of sessions cases appertaining to the said districts. [All sessions cases from the said district will in future be committed by the Magistrates concerned direct to the court of Sessions Judge and for the trial of such cases from the Chakia and Ramnagar districts respectively the Sessions Judge shall sit at Chakia or Ramnagar as the case may be], but he will not have power to try cases in which a sentence of over seven years imprisonment can be passed. Appeals from the judicial order of the Collector and Magistrate will lie to him. Should he be temporarily absent, the officer officiating for him will also sit at Gyanpur if this can be arranged without inconvenience to the public service. 13. His Highness will, from time to time, appoint suitable persons to be Special Magistrates under Section 14, Criminal Procedure Code, and will, from time to time constitute two or more of such Special Magistrates into Benches under Section 15 of that Act. 14. In Chakia there will be a Collector and Magistrate on a salary of Rs. 300 rising by annual increments to Rs. 400 plus travelling allowance. He will exercise criminal and revenue functions similar to those exercised by the Collector and magistrate of Bhadohi. [He will also be the Judge Small Cause Court for Chakia.] 15. The Collector will be assisted by a Tahsildar who will get a pay not less than that of a third grade Tahsildar in British district plus travelling allowance similar to that of the Tahsildar of Bhadohi. He will exercise power of a third class Magistrate and rent and revenue powers similar to those exercised by the Tahsildar of Bhadohi. He may be assisted by sufficient number of Naib Tahsildars. 16. Appeals from all decisions of Tahsildars and Assistant Collectors of the second class will lie to Collectors, Appeals from the judicial decisions of the Collector and Magistrate of Bhadohi, so far as they are appealable, will lie to the Judge of Bhadohi. Similarly appeals from the judicial decisions of the Judge of Bhadohi and of the Judge, Magistrate and Collector of Chakia, as far as they are appealable, will lie to the Chief Judge. The Chief Judge will exercise the revisional powers of a High Court as defined in the [Criminal Procedure Code]. 17. In Ramnagar there will be a Magistrate and Collector, who will exercise full powers of a district Magistrate and will be invested with first class Criminal and Revenue powers. There will also be appointed Tahsildar exercising 3rd class criminal powers. He will also be an Assistant Collector with 2nd class powers. [17A. All civil and Small Cause Court cases will, for the present, be instituted in and decided by the Chief Court.] 18. The judicial proceedings of all courts will be supervised by the Chief Judge (salary Rs. 800 rising by annual increment of Rs. 50 to Rs. 1,000) He will sit at Ram Nagar and will exercise the highest civil, criminal, revenue and judicial powers within the State. Cases which cannot under restrictions previously laid down, be committed to the Judge of Bhadohi will be committed to him. He will be responsible to His Highness for the judicial administration of the State. The Collectors will be in charge of the stamp and court fees departments in their charges. The Chief Judge will be a court of reference in this connection. He will also control the department of the sale of proprietary or tenancy rights in execution of decrees. He may also, for particular reasons, transfer original or appellate cases to his own file. To maintain the responsibility of the Chief Judge no appointment will be made to any post of a judicial nature without the Chief Judge having been afforded an opportunity of expressing his written opinion on the suitability of the person proposed for appointment. The recommendations of the Chief Judge should be given due weight but His Highness retains the absolute powers of appointing any persons. 19. The decisions of the Chief Judge, so far as they can be reviewed, under the Code of Civil Procedure or any other special or local laws in force, will be liable to revision by His Highness [to whom application may be presented.] [19A. Application for revision of orders passed by the Chief Court in criminal cases should be presented to H.H.] 20. The State police department will be under the control of the Superintendent of Police. His headquarters will be either in Ramnagar or Benares. He will draw travelling allowance according to Civil Service Regulations besides his pay which in no case will be less than those of an Assistant Superintendent of Police of last grade in British service. He will also receive a special allowance of Rs. 50 per mensem. 21. There will be appointed a Circle Inspector and also a Prosecuting Inspector for both the districts. The latter may be replaced by two prosecuting sub-Inspector for the two districts if the Superintendent of Police so likes. 22. For the present Excise Department will also be under the Superintendent of Police, who will get Rs. 100 per mensem as allowance for the excise work. He will be responsible to His Highness for Police and excise work. 23. The Public Works Department of the State will be in charge of an Engineer. 24. There will be appointed a Chief Medical Officer to control the Medical and Sanitary departments of the State. He will superintend the working of the different hospitals, and dispensaries in the State and will also be in charge of vaccination and plague inoculation operations. 25. The State account will be controlled by the Accountant General (S.G. dated 1.6.19 and 21.8.19) who will be responsible to H.H. alone. Objections raised by his departments shall be settled by the order of the H.H. obtained through the personal assistant. 26. There will be appointed a Director of Education, who will be assisted by an Inspector and a Deputy Inspector of Schools. 27. In matters of leave, pension and travelling allowances the State rules will conform to those of the British Government. They will have retrospective effect for those of His Highness's servants who were serving in the Domains. 28. This constitution may be modified from time to time by His Highness with the approval of the Political Agent, Benares. 29. For all purposes of State viz. Revenue, Criminal and Civil Administration, the year commencing from the 1st October and ending with the 30th September, will count as the State year (S.G. dated 8.12.16).
The Benares State Laws and Procedure
I - Civil Laws1. All substantive civil laws that have either to been in force in the Family Domains will remain in force in the Benares State until notified to the contrary. 2. The procedure in the civil cases should be guided by the new Code of Civil Procedure so far as it is applicable, with the following special provisions:
(a) that all orders and decrees of the Judges at Gyanpur and Chakia will be appealable to the Chief Judge except those orders and decrees under the Civil Procedure Code and the schedules attached thereto or under special and local laws which are not appealable;
(b) confirmation of sales of proprietary or tenancy rights in execution of decrees would be obtained from the Chief Judges;
(c) the special jurisdiction of the High Court given in the Civil Procedure Code will be exercised by the Chief Judge. But before issuing any regulations he will obtain His Highness's approval thereto, who, in giving his approval, will be guided by the advice of the Agent to H.H. the Lieutenant-Governor, United Provinces, Benares;
(d) The Judge at Gyanpur will also be the Small Cause Court Judge for district Bhadohi, and the Judge at Chakia will have the same jurisdiction within Chakia. The procedure in the Small Cause Court cases will be the same as in the Provincial Small Cause Court Act (IX of 1887) so far as it is applicable. The appellate and revisional jurisdiction under Secs. 24 and 25 of Act IX of 1887 will be with the Chief Judge.3. The Indian Limitation Act and the Indian Evidence Act with all the amendments, as far as they are practicable, will be followed in the Benares State unless notified to the contrary. 4. The Registration Act will also be followed as far as practicable, Chief Judge exercising the powers of the District Registrar and as such controlling the two sub-Registrars at Gyanpur and Chakia. 5. The use of the court-fee and general stamps in the Benares State will be guided by the directions in the Court Fee and Stamp Acts unless again notified to the contrary. 6. The period of appeals from the orders of the Judges at Gyanpur and Chakia to the Chief Judge will be 90 days exclusive of the time required for obtaining copy of decree or order. The period of revision to His Highness from the orders of the Chief Judge will also be 90 days exclusive of the time required for obtaining copy of decree or orders.
II - Rent and Revenue LawsThe Agra Tenancy Act (Act II of 1901 U.P.) and the United Provinces Land Revenue Act (Act III of 1901) will apply to the Benares State with this difference-
(a) that all the special sub-proprietary and tenancy rights and tenures that were in existence in the Family Domains will remain intact in the State, superseding those mentioned in the said Acts;
(b) The Tahsildar of Bhadohi and Chakia will be Assistant Collectors of the second class. But in suits for arrears of rent their jurisdiction for the present will be limited to Rs. 100 (vide notification No. 825/III-1, dated 7.1.36) only their decisions will be appealable to the Collectors of Bhadohi and Chakia respectively;
(c) the Collectors will hear and determine all rent and revenue cases at the first instance with the exception of those triable by the Tahsildars. But for special reasons they may transfer to their file certain cases triable by the Tahsildars;
(d) the appeals from the judicial decisions of the Collector at Gyanpur will, so far as they are appealable, lie to the Judge at Gyanpur and those from the Collector of Chakia to the Chief Judge;
(e) rent, revenue cases and such other dues and the takavi advances will be recoverable by revenue processes also in addition to the ordinary procedure of suing for them in the established courts of justice within the State or getting them by distraint of crops as has been the procedure hitherto in the Domains;
(g) the confirmation of sales of Proprietary and tenancy rights in execution of rent, decrees or revenue processes should be obtained from the Chief Judge;
(h) the period of appeals from the orders and decrees of the Tahsildars to the Collectors and Judge will be 30 days and that from the orders and decrees of the Collectors of Bhadohi to the Judge at Gyanpur will be 60 days and that to the Chief Judge will be 90 days exclusive of time required for obtaining copy of decree or order;
(i) in the definition of "Rent" in the [Agra Tenancy Act, Section 4 (3) of United Provinces, Act II of 1901, and] "scattered trees" between the words "groves" and "tanks."
(j) the partition proceedings in the Benares State will be guided by the United Provinces Board of Revenue extant circulars on the subject so far as they are applicable, with this difference that appeals from the orders of the Collector of Bhadohi in such cases, so far as they are appealable, will lie to the Judge of Bhadohi, the second appeal lying to the Chief Judge and those from the orders of the Collector of Chakia will lie direct to the Chief Judge;
(k) succession to tenancy rights and tenures will be guided by the personal laws of the tenants and not by Section 22 of the Tenancy Act, and besides the fixed rate tenures, occupancy tenures in the State are also heritable and transferable in the ordinary way;
(l) in all cases in which the succession to a holding is subject to the personal law of the tenant a suit for the partition of the same shall be maintainable in the civil courts, provided that no court shall effect a partition unless the landholder has been impleaded as a party and unless his consent has been obtained to the partition as proposed to be effected or unless his objections have been heard, and decided;
[(n) the above notification will apply in the case of Ramnagar district. In that district the UP. Land Revenue Act (Act III of 1901) and the Agra Tenancy Act (Act II of 1901) will be in force in the same way as they are in British districts.]
III - Criminal Laws1. The Indian Penal Code (Act XLV of 1960 as amended) shall apply to the Benares State, so far as it is applicable with the following addition and alterations:
(a) in the said Act for "British India" or "India" read "Benares State", for "Government of India" or "Government" read "Government of His Highness the Maharaja of Benares" and for "Her Majesty" or "Queen" read "His Highness the Maharaja of Benares" except in Section 13 and Chapter VI and in those other sections and chapters of which specific mention has been laid down below-
(b) the word "State" in Section 94 includes "Benares State";
(c) in Chapter "His Highness the Maharaja" and the "Benares State";
(d) in Chapter VII "offences relating to the Army and Navy" include also similar offences against the Army of His Highness the Maharaja of Benares";
(e) Chapter VIII "Section 141 clause first after the 'Legislature or Executive Government of India' add 'or' of His Highness the Maharaja of Benares;"
(f) in Section 153-A after the words. 'Her Majesty's subjects' add 'or the subjects of His Highness the Maharaja of Benares'. Make the same addition in the explanation also after the word "subject";
(g) in Chapter IX, Sections 161, 162, 163 after "Government of India" read "or of His Highness the Maharaja of Benares."
(h) in Chapter XII "offences relating to coin and Government Stamp" include such offences relating to Maharaja's stamps at present issued or thereafter to be issued by him as a legal tender for the purposes of revenue;
(i) in Section 294-A after the word "Government" and "His Highness the Maharaja of Benares";
(j) an offence under Section SOS includes similar offence against the army of Highness the Maharaja of Benares or against the Benaras State.2. The procedure in criminal cases, as much as possible, will be guided by the [Code of Criminal Procedure (Act V of 1898)] with these exceptions.
(a) plenary criminal jurisdiction in the State of Benares over Europeon British subjects and servants of the British Government shall continue to be vested in the Lieutenant Governor of the United Provinces of Agra and Oudh and his officers;
(b) sentence of death shall be immediately reported to the Political Agent and shall be subject to the confirmation by the Lieutenant-Governor of the United Provinces of Agra and Oudh. An appeal for mercy from the sentence of death will lie personally to His Highness;
(c) in Sessions cases triable by the Chief Judges or the Judge of Bhadohi trial will be by aid of assessors and not by jury. (S.G. dated 8.3.1919).
(d) the powers conferred under Clause 2 of Section 166 shall extend to searches within the State on requisitions made by an officer in charge of a police station in British India. Under Clause 1 of the said section, with the proviso that the thing found, if any, be forwarded to the Magistrate of the district within which the search was made.[Summons in the criminal cases should be sent direct to the Magistrates in British districts and not through the Political Agent.]
IV - Chart in ActsThe following Civil Acts will apply in the Benares State, as far as applicable, and the jurisdictions thereto will be vested in the Judges of Bhadohi and Chakia subject to the appellate and general control of the Chief Judge:
(1) Succession Certificate Act (Act VII of 1889).
(2) Indian Succession Act (Act X of 1865).
(3) Negotiable Instruments Act (Act XXVI of 1881).
(4) Guardians and Wards Act (Act VIII of 1890).
(5) Probate and Administration Act (Act V of 1881).
(6) Provincial Insolvency Act (Act III of 1907).
(7) Land Acquisition Act (Act I of 1894).
(8) Specific Relief Act (Act I of 1877).
(9) Transfer of Property Act (Act IV of 1882).
(10) Religious Endowment Act (Act XX of 1863).
(11) Ancient Monuments Preservation Act (Act VII of 1904).
(12) Indian Trusts Act (Act II of 1882).
(13) Legal Practitioner's Act (Act VIII of 1879).
(14) Indian Easements Act (Act V of 1882).
(15) Indian Contract Act (Act IX of 1872).
(16) General Clauses Act (Act X of 1897).
(17) Partition Act (Act IV of 1893).
(18) Indian Oaths Act (Act X of 1873).
(19) Treasure Trove Act (Act VI of 1878).
(20) Indian Stamp Act (Act II of 1899).
(21) Court Fees Act (Act VII of 1870).
(22) Land Improvement Loans Act (Act XIX of 1883).
(23) Agriculturists' Loans Act (Act XII of 1884).
(24) Indian Income Tax Act (Act VII of 1918) [See Notification No. 1-XIII-4(1).]
(25) Indian Soldiers Litigation Act (Act XII of 1915) (vide Notification No. 636/III-26 (1916-17), dated 8-1-18.
(26) Court Fee Amendment Act No. XIV of 1911, vide Notification No. 720/III-1-(1911-12), dated 11-6-18.
(27) Usurious Loans Act (Act X of 1918), vide Notification No. 2111, dated 29-7-18.
(28) Indian Soldiers Litigation Act (Act IX of 1918).
(29) Income Tax (Amendment) Act (Act IV of 1919), vide Notification No. 2053-13-4 (19-12-13), dated 13-7-1919.
(30) Census Act No. IV of 1920.
(31) Insolvency Amendment Act No. V of 1920.
(32) Panchayat Act No. 6 of 1921.
(33) Income-tax Act No. XI of 1922.
(34) Court Fees Act No. III of 1923.
(35) Stamp Act V of 1923.
(36) Stamp (2nd Amendment) Act No. II of 1924.
(37) Indian Stamp (Amendment) Act XLIII of 1923, Notification No. 1637/XVII-4 (1919-20), dated 30-6-24 extended for two months and a half upto 5th July, 1925, vide Notification No. 1628, dated 7.7.25.
(38) Co-operative Societies (Amendment) Act, 1929, No. 1784/II-26 vide, dated 11-2-25.
(39) Indian Income Tax (Amendment) Act No. 1 of 1925, vide No. 1721/XIII-4, dated 27-4-25.
(40) Company Act (Act VI of 1913), vide Notification No. 2021-XVII-10, dated 6-9-25.
(41) The Hindu Law of Inheritance (Amendment) Act No. II of 1929, vide Notification No. 1925/XVII-6 (1928-29).
(42) The Transfer of Properly (Amendment) Act XX of 1929, vide Notification No. XVII-17, dated 21-11-29.
(43) The Transfer of Properly Supplies Act (Act XXI of 1929), vide Notification No. 359/XVII-17, dated 21-11-29.
(44) The Negotiable Instrument (Amendment) Act No. XXV of 1930.
(45) The Hindu Gains of Learning Act No. XXX of 1930, vide Notification No. 2271, dated 10-9-30.
(46) The Indian Census Act No. X of 1929, vide Notification No. 2393/XVII-19, dated 25-9-30.
(47) U.P. Stamp (Amendment) Act IV of 1932, vide Notification No. 2424/XVII-4, dated 13-8-32.
(48) Court Fee (Amendment) Act III of 1932 (N.B. - The Amendment Act will take effect from May 15,1932).
(49) The U.P. Temporary Execution Act, 1934, vide State Gazette.
(50) The Usurious Loans (U.P. Amendment) Act of 1936, vide State Gazette, dated 30-1-36.
(51) Hindu Women's Right to Property Act XVIII of 1937, added on 27-11-41, Notification No. 78/XVII-3/1940-41.
(52) The U.P. Stamp (Amendment) Act, 1936 (No.III of 1936)
(53) The U.P. Stamp (Amendment) Act, 1938 (XVII of 1938)
(54) U.P. Court Fee (Amendment) Act, 1938 (No. II of 1938)
(55) The U.P. Court Fee (Amendment) Act, 1938 (No. XIX of 1938), vide State Gazette, dated 8th August 1939.
(56) The Societies Registration Act (XIX of 1860), vide State Gazette of 10th October, 1939.2. The following Criminal Acts will also apply to the Benares State and the jurisdictions in matters relating to them will vest in Magistrates, Judges and Police Officers as given therein so far as they are applicable:
(1) Police Act (Act V of 1861).
(2) Public Gambling Act (Act III of 1867).
(3) Opium Act (Act I of 1910).
(4) Excise Act (Act IV of 1910).
(5) Whipping Act (Act IV of 1909).
(6) Indian Arms Act (Act XI of 1878).
(7) Indian Post Office Act (Act VI of 1898).
(8) Indian Railways Act (Act IX of 1890).
(9) Indian Telegraph Act (Act IV of 1885).
(9-A) Benares State Loans Recovery Act [No. 1948/I-26 (a), dated 20-1-24]
(10) Indian Explosive Act (Act IV of 1884) and Manual Second Edition, 1908.
(11) Cattle Trespass Act (Act I of 1871).
(12) Indian Oaths Act (Act X of 1873).
(13) Indian Evidence Act (Act I of 1872).
(14) General Clauses Act (Act X of 1897).
(15) Northern Indian Ferries Act (Act XVII of 1878).
(16) Town Areas Act (Act II of 1914).
(17) Prevention of Cruelty to Animals Act (Act XI of 1890).
(18) Prisons Act (Act IX of 1894).
(19) Prisoners Act (Act III of 1890) and the procedure laid down in the U.P. Jail Manual.
(20) Indian Press Act (Act I of 1910).
(21) Wild Birds & Animals Protection Act (Act VIII of 1912).
(22) Employers and Workman (Disputes) Act (Act IX of 1860).
(23) Workman's Breach of Contract Act (Act XIII of 1859).
(24) Northern Indian Canal & Drainage Act (Act VIII of 1873).
(25) Criminal Tribes Act (Act VI of 1924 in B.S.G., dated 10-9-25).
(26) Northern India Salt Revenue Act (Act XII of 1882).
(27) Press & Registration of Books Act No. 25 of 1867. Notification No 358, dated 30th Nov., 1915 Judicial Deptt.
(28) U.P. Excise (Amendment) Act No. 1 of 1915 [Notification No. 114, dated 14-5-1916, S.R. Deptt.]
(29) Chaukidari Act No. 16 of 1873, Notification No. 1738, dated 29-5-16.)
(30) Indian Lunacy Act No. 3 of 1912, vide Notification No. 290 of 15-11-16-Judicial Deptt.
(31) Indian Motor Vehicle Act No. 8 of 1914. Notification No. 861 of 29-1-17, Judicial Deptt.
(32) Stage Carriage Act, 1896.
1. Amendment Act 16 of 1896.
2. Amendment Act I of 1828.
3. Act X of 1914 (Notification No. 1729, dated 17-5-17.)
(33) Vaccination Act No. 13 of 1880, Notification No. 894, dated 13-2-18.
(34) U.P. Gambling (Amendment) Act, 1919 (Notification No. 2348, dated 18th August, 1919).
(35) Warman's Breach of Contract Act No. 12 of 1920 (Notification No. 1486, dated 21-5-20).
(36) Criminal Laws (Amendment) Act, 1908, vide Notification No. IV-121 (25-2-22).
(36-A) Criminal Laws (Amendment) Act, Part 2 by Order No. 791 (5-2-23).
(37) Devolution Act No. 38 of 1920.
(38) U.P. Excise (Amendment) Act 4 of 1919.
(39) The Police Incitement Act to disaffection No. 22 of 1922.
(40) Poisons Act I of 1904., S.G. dated 10-7-23.
(41) Municipal Act
Notification No. 275/XI-25 (24-25), dated 21-11-24 and No. 432/XI-25 (24-25), dated 20-12-29.
(42) Water Works Act
(43) Drainage Act
(44) Foreigners Act III of 1864, S.G. 10-2-25.
(45) Cantonment Act XV of 1920, S.G. 21-4-25.
(46) Act No. VIII of 1925, S.G. 10-5-25.
(47) Cr. P.C. (Amendment) Act XVIII of 1923.
(48) Cr. P.C. (Amendment Act XVIII of 1923.
(49) Further XXXV, XXXVII of 1923.
(51) Cr. Laws (Amendment) Act XII of 1925.
(53) Act No. XXIX of 1925 (Amending I.P.C.).
(54) Cr. P.C. (Amendment) Act II of 1926. S.G. 10-6-26.
(55) The Indian Petroleum Act VIII of 1899, S.G. 10-11-25.
(56) The Dangerous Drugs Act II of 1930. S.G. 10-11-31.
(57) The Public Account Default Act XII of 1850, S.G. 10-1-32.
(58) Identification of Prisoners Act (Act No. XXXIII of 1920), S.G. 10-4-33.
(59) The Matches (Excise Duty) Government of India Act XVI of 1934, S.G. 17-1-35.
(60) U.P. Municipalities Act, 1916 (mutatis mutandis), S.G. 12-11-35.
(61) The New U.P. Motor Vehicles Taxation Act of 1935 (S.G. 23-4-36).
(62) The Indian Motor Vehicles (U.P. Amendment Act No. VI of 1935), S.G. 24-4-36.
Special Acts passed by the State
(1) Army Act (Act 1 of 1912).
(2) Co-operative Societies Act (Act I of 1913).
(3) Benares State Cess Act (Act II of 1913).
(4) B.S. Supplies Act No. 1 of 1919.
(5) B.S. Destruction of Covi Act No. II of 1919.
(6) B.S. Cultivation of Poppy Act I of 1920.
(7) B.S. Forest Act.
(8) B.S. Amendment Act I of 1923.
General Provision of LawIn all other matters not expressly and specifically provided for above the Benares State will be guided by the Spirit of the enactments and laws generally in force in the United Provinces.
Inspection of records and their maintenance and the issue of copiesThe public records in all the offices of the Benares State shall be open to inspection for the first four office hours of every day on which those offices are not closed. Any person who wishes to inspect any of the records shall make to the officer of the time being in charge of the office, an application setting forth-(1) the name, parentage, caste and abode of the applicant, (2) a description of the particular record or records which he wishes to inspect, and (3) the object for which he wishes to inspect the same. The officer-in-charge of the office may grant, or if on public grounds he considers it his duty to do so, may refuse the application recording his reasons for doing so on the application which shall be filed in the office. If the application be granted, the applicant shall be permitted to make the inspection in the presence of an official appointed in this behalf by the head of the office an I to take a copy in pencil of any part of a public record, but he shall not bring with him into the room in which the inspection is to be made or use either pen or ink. The fees for inspection of the record shall be the same as obtained in the United Provinces. Copies of records shall be applied for and granted in accordance with the rules and on payment of the same fees as are prescribed for the courts in the offices of Agra and Oudh. Copies shall be supplied to His Highness the Maharaja free of all costs. Civil and Criminal records will be kept according to instructions given in the N.W.P. High Court Rules. Revenue records should be kept according to the instructions of the Board of Revenue, United Provinces.
Powers to inspect the offices and to call for returns etc. from the officesHis Highness the Maharaja in all matters and the Chief Judge in judicial matters may, from time to time require to be prepared in such forms as they may prescribed and to be submitted to them such returns, statements or reports as they may deem necessary respecting the business of the courts and the offices of the Benares State. All offices shall be open to inspection to His Highness the Maharaja and Kuwar Saheb and also to the Agent to His Honour the Lieutenant Governor at Benares. All judicial records and offices shall be open to inspection to the Chief Judge. Similarly, a subordinate office shall be always open to inspection to a higher officer.
Maintenance of discipline and Procedure for obtaining leave etc.The Judges and the first grade Magistrates submit their applications for leave etc. to His Highness the Maharaja through the Chief Judge, who will submit them with such recommendations and remarks as he thinks fit. The inferior Magistrates shall submit similar applications to their immediate superior officers who will forward them to the Chief Judge with their remarks.
Extraordinary Revisional Jurisdiction in Criminal casesThe Agent's revisionary powers in civil, criminal cases ordinarily will be exercised in the from of advice to His Highness that such and such order be passed [Application for the leave of Collector and District Magistrate should be submitted to the President through the Chief Secretary. The application from Judges and Magistrate who does purely judicial work should continue to be submitted though the Chief Judge in accordance with the paragraph at page 14 of the Constitution law and procedure of the Benares State.] [Vide S.G. 10-9-1922.]
Rules for Patwaris and KanungoRules for regulating the pay, appointment, qualifications, duties and punishment of Kanungos and Patwaris and for the preparation and maintenance of land records in the Benaras State will be the same so obtain in the United Provinces of Agra and Oudh, so far as they are applicable provided that no papers hitherto retained permanently or for a define period will be destroyed without the special sanction of His Highness the Maharaja.
MiscellaneousAny rights acquired under laws hitherto in force will be maintained and all settlements of land revenue now current in the State will continue until the period for which they have been made has expired and until fresh settlements have been made.