The Chittagong Hill Tracts Regulation, 1900
Bangladesh

CHAPTER 1
Preliminary

Short title, extent and commencement

1. This regulation may be called the Chittagong Hill Tracts Regulation, 1900.
2. It extends to the Chittagong Hill Tracts, and
3. It shall come into force on such date as the Local Government may, by notification in the Calcutta Gazette, appoint.

Definition:
(1) In this Regulation -
(a) The expression "Chittagong Hill Tracts" means the territories for the time being defined as such by notification under sub-section (2) and
(b) "Commissioner" means the Commissioner of the Chittagong Division.
(2) The Local Government may with the previous section of the Governor-General in Council, by notification in the Calcutta Gazette, define the boundaries of the Chittagong Hill Tracts, and may, in the like manner, vary those boundaries.

CHAPTER II
Laws

Chittagong Hill Tracts how to be administered

3. Subject to the provision of the Regulation, the Administration of the Chittagong Hill Tracts shall be carried on in accordance with the rules for the time being in force under section 18.

Enactments applicable in Chittagong Hill Tracts

4. (1) The enactments specified in the schedule, to the extent and with the modification therein set forth and so far as they are not inconsistent with this Regulation or the rules for the time being in force thereunder, are hereby declared to be in force in the Chittagong Hill Tracts.
(a) No other enactment herebefore or hereafter passed shall be deemed to apply in the Chittagong Hill Tracts.

Provided that the Local Government, may with the previous sanction of the Governor-General in Council, by notification in the Calcutta Gazette-
(a) Declare that any other enactment shall apply in the said Tracts, either wholly or to the extent or with the modifications which may be set forth in the notification; or
(b) declare that any enactment which is specified in the schedule, or which has been declared to apply by a notification under clause (a) of this subsection, shall cease to apply in the said Tracts.

CHAPTER III
Appointment and Powers of Certain Officers

Investment of Assistant Superintendents with powers of Superintendent

5. The local government may, by notification in the Calcutta Gazette-
(a) appoint any person to be the Superintendent of the Chittagong Hill Tracts; and
(b) appoint so many Assistant Superintendents and other officers as it thinks fit to assist in the administration of the said Tracts.

Chittagong Hill Tracts to be a district under the Superintendent

6. The Local Government may by, notification in the Calcutta Gazette, invest any Assistant Superintendent with all or any of the powers of the Superintendent under this regulation or the rule, for the time being in force thereunder, and define the local limits of his jurisdiction.

Chittagong Hill Tracts to be a sessions division under the Commissioner

7. The Chittagong Hill Tracts shall constitute a district for the purposes of criminal and civil jurisdiction and for revenue and general purposes, the Superintendent shall be the District Magistrate, and subject to any orders passed by the Local Government under section 6, the General Administration of the said Tracts in criminal, civil, revenue and all other matters, shall be vested in the Superintendent.

8. (1) The Chittagong Hill Tracts shall constitute a sessions division, and the Commissioner shall be the Sessions Judge.
(2) As Session Judge the Commissioner may take cognizance of any offence as a Court of original jurisdiction, without the accused being committed to him by a Magistrate for trial, and when so taking cognizance shall follow the procedure prescribed by the Code of Criminal Procedure, 1898, for the trial of warrante-cases by Magistrates.

High Court

9. The Local Government shall exercise the powers of a High Court for the purpose of the submission of sentences of death for confirmation under the code of Criminal Procedure, 1898, and the Commissioner shall exercise the powers of a High Court for all other purposes of the said code.

Power to withdraw cases

10. The Superintendent may withdraw any criminal or civil cases pending before any officer or Court in the Chittagong Hill Tracts, and may either try it himself or refer it for trial to some other officer or court.

CHAPTER IV
Arms, Ammunition, Drugs and Liquor

Possession of firearms and ammunition, and manufacture of gunpowder

11. (1) The Superintendent may fix the number of firearms and the quantity and description of ammunition which may be possessed by the inhibitants of any village, and may grant permission either to such inhibitants collectively or to any of them individually, to possess such firearms and ammunition as he may think fit.
(2) All firearms for the possession of which permission is given under sub-section (1) shall be marked and entered in a register.
(3) Any permission granted under sub-section (1) to possess firearms and ammunition may be withdrawn by the Superintendent, and thereupon a firearms and ammunition referred to in such permission shall be delivered to the Superintendent or one of his subordinates.
(4) The Superintendent may grant permission to any person to manufacture gunpowder, and may withdraw such permission.
(5) Whoever, without the permission of the Superintendent, possesses or exports from the Chittagong Hill Tracts any firearms or ammunition, or manufactures any gunpowder, shall be punishable with imprisonment for a term which may extend to three years, or with the previous sanction.
(6) The Superintendent may, with the previous sanction of the Local Government, by order in writing, direct that sub-sections (1), (2), (4) and (5), or any of them, shall not apply in any village specified in the order.

Daos, spears and bows and arrows

12. (1) The Superintendent may, with the previous sanction of the Commissioner, by order in writing prohibit all or any of the inhabitants of any village from carrying daos, spears and bows and arrows, or any of those weapons, in any tract to be denied in the order, if he is of opinion that such prohibition is necessary to the peace of such tract.
(2) Every order made under sub-section (1) shall specify the length of time during which it shall remain in force.
(3) Whoever disobeys an order made sub-section (1) shall be punishable with imprisonment of a term which may extend to six months, or with fine, or with both.

Intoxicating drugs

13. (1) Whoever, except under and in accordance with licence granted by the Superintendent imports, exports, manufactures, possesses or sells opium, ganja or charas, or any preparation thereof or cultivate any plant from which opium, ganja or charas can be produced, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
(2) Notwithstanding anything contained in sub-section (1) any person may possess, for domestic use, five tolas of opium, ganja, or charas, or of any preparation, thereof, without having licence granted by the Superintendent.

Foreign spirit and fermented liquor

14. (1) Whoever, except under and in accordance with a licence granted by the Superintendent imports or sells foreign spirits or fermented liquor shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
(2) Nothing in this section applies-
(a) To the import by any person, for his private use and consumption, and not for sale, of any foreign spirit or fermented liquor on which duty has been paid; or
(b) to the sale of any such spirit or liquor legally procured by any person for his private use and consumption and sold by him, or by auction on his behalf, or on behalf of his representatives in interest, upon his quitting a station or after his decease.

Explanation - For the purpose of this section, the expression "foreign spirit or fermented liquor" means any spirit or fermented liquor manufactured or produced in the Chittagong Hill Tracts.

Locally made spirit and fermented liquor

15. Whoever, except under and in accordance with a license granted by the Superintendent, exports or sells spirit or fermented liquor manufactured or produced in the Chittagong Hill Tracts shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.

CHAPTER V
Miscellaneous

Police

16. The Chittagong Hill Tracts shall be deemed to be a general police-district within meaning of the Police Act, 1861, and Bengal Act VII, V of 1851, of 1869 (an Act to amend the constitution of the Police-force in Bengal and the Commissioner conferred on an Inspector-General of Police).

Control and revision

17. (1) All officers in the Chittagong Hill Tracts shall be subordinate to the Superintendent, who may revise any order made by any such officer, including an Assistant Superintendent invested with any of the powers of the Superintendent under section 6.
(2) The Commissioner may revise any order made under this Regulation by the Superintendent or by any other officer in the Chittagong Hill Tracts.
(3) The Local Government may revise any order made under this Regulation.

Power to make rules

18. (1) The Local Government may make rules for carrying into effect the objects and purpose of this Regulation.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may-
a. provide for the administration of civil justice in the Chittagong Hill Tracts;
b. prohibit, restrict or regulate the appearance of legal practitioners in cases arising in the said Tracts;
c. provide for the registration of documents in the said Tracts;
d. regulate or restrict the transfer of land in the said Tracts;
e. provide for the subdivision of the said Tracts into circles, those circles into taluks, and those taluks into mauzas;
f. provide for the collection of the rents and the administration of the revenue generally in the said circles, taluks and mauzas through the chiefs, diwans and headmen;
g. define the powers and jurisdiction of the chiefs, diwans and headmen, and regulate the exercise by them of such powers and jurisdiction;
h. regulate the appointment and dismissal of diwans and headmen;
i. provide for the remuneration of chiefs, diwans, headmen and village officers generally by the assignment of land for the purpose or otherwise as may be thought desirable;
j. prohibit, restrict or regulate the migration of cultivating raiyats from one circle to another;
k. regulate the acquisition by Government of land required for public purpose;
l. provide for the levy of taxes in the said Tracts; and
m. regulate the procedure to be observed by officers acting under this Regulation or the rules for the time being in force thereunder;

(3) All rules made by the Local Government under this section shall be published in the Calcutta Gazette and on such publication, shall have effect as it enacted by this Regulation.

Bar to jurisdiction or Civil and Criminal Courts

19. Except as provided in this Regulation or in any other enactment for the time being in force, a decision passed, act done or order made under this Regulation or the rules there under, shall not be called in question in any Civil or Criminal Court.

Repeal of certain enactments

20. Act XXII of 1860 (an Act to remove certain tracts on the eastern border of the Chittagong District from the Jurisdiction of the tribunals established under the general Regulation and Acts); Bengal Act IV of 1863 (an Act to amend Act XXII of 1860) and so much of the second schedule to the Scheduled Districts Act, 1874 and of the Repealing and Amending Act, 1891, as relates to either of the enactments aforesaid, are hereby repealed.