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The Chittagong Hill Tracts Regulation,
1900
Bangladesh
CONTENTS
CHAPTER I
Preliminary Section
- Short title, extent and commencement.
- Definitions.
CHAPTER II
Laws
- Chittagong Hill Tracts how to be administered.
- Enactments applicable in Chittagong Hill Tracts.
CHAPTER III
Appointment and Powers of Certain Officers
- Appointment of Superintendent and Subordinate officers.
- Investment of Assistant Superintendents with powers of Superintendent.
- Chittagong Hill Tracts to be a district under the Superintendent.
- Chittagong Hill Tracts to be a sessions division under the Commissioner.
- High Court.
- Power to withdraw cases.
CHAPTER IV
Arms, Ammunition, Drugs and Liquor
- Possession of firearms and ammunition, and manufacture of gunpowder.
- Daos, spears and bows and arrows.
- Intoxicating drugs.
- Foreign spirit and fermented liquor.
- Locally made spirit and fermented liquor.
CHAPTER V
Miscellaneous
- Police.
- Control and revision.
- Power to make rules.
- Bar to jurisdiction of Civil and Criminal Courts.
- Repeat of certain enductments.
THE SCHEDULED ENACTMENT DECLARED IN FORCE IN THE CHITTAGONG HILL
TRACTS
APPENDIX A
A REGULATION TO :
Declare the law applicable in and provide for the administration of
the Chittagong Hill Tracts in Bengal.
Whereas it is expedient to declare the law applicable in, and provide
for the administration of, the Chittagong Hill Tracts in Bengal, it
is hereby enacted as follows:
CHAPTER 1
Preliminary
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Short title, extent and commencement
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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.
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CHAPTER II
Laws
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Chittagong Hill Tracts how to be administered
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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.
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Enactments applicable in Chittagong Hill Tracts
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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.
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CHAPTER III
Appointment and Powers of Certain Officers
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Investment of Assistant Superintendents with powers of Superintendent
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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.
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Chittagong Hill Tracts to be a district under the Superintendent
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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.
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Chittagong Hill Tracts to be a sessions division under the Commissioner
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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.
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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.
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High Court
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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.
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Power to withdraw cases
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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.
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CHAPTER IV
Arms, Ammunition, Drugs and Liquor
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Possession of firearms and ammunition, and manufacture of gunpowder
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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.
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Daos, spears and bows and arrows
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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.
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Intoxicating drugs
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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.
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Foreign spirit and fermented liquor
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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.
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Locally made spirit and fermented liquor
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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.
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CHAPTER V
Miscellaneous
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Police
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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).
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Control and revision
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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.
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Power to make rules
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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.
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Bar to jurisdiction or Civil and Criminal Courts
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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.
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Repeal of certain enactments
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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.
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