THE BENGAL FOREIGN IMMIGRANTS REGULATION, 1812

__ -_j 50 l •oREJON IMMI GRANTS [ UU2 : Ben, Reg. 11. BENGAL REGULATION ll oF 181 2 (THE BENGAL FORRIGN h!:IIIGRANTS R EOULAT{ON, 1312 1 ). [18th Juf pl812.l A Regulation to empower the 2 [Centr a l Govern­ ment] to order the removal of cmigmnts from foreign countri es, and their d escendants from any place in the vicinity of the frontier of the Sta te from which they may have emigrated ; a nd . in certa in cases, to place and d e tain a ny such persons in safe custody ; and likewise t o provide for the trial of ·emigran ts and their descendants who may excite disturbances in the countries from \vltich the} may have emigrated and of persons aiding tltem in the prosecution Preamble. of such attempts . l. WHEREAS considerable bodies of persons, bci ng N a tivcs of Arakan and ordinaril y d t:nominate<l Mughs, ban. from timt> to time emigrated from that Country and e~t d >lislH:cl themselves in that part of the distric t of Ghittagong which lie~ contiguous to the Arakan fron tier ; And whereas numbe1 s of those rwr~on,, or ol th r-ir ck scen­ d ants, aLusing the pwtection which had been aJiiH dcd to them in [India] 5 have exci tt>d disturlMnce~ and even levied war in the country of Arakan against the Government of Ava 3 , oJ which State Arakan is now a dependency, and have conducted themselves in a rnannt>r manifestly tending to di sturb the rela tions of amity which subsist helween the British Grnernment a nd tht> Government of Ava :l; And whereas it is, in conscquenre, necess:uy tha t the (State Governmc'nt! ~ should pmscss legal poM·rs to 1 enlCJV(' the said bfJ<iies of emigrants and their descendants fi·om tlH Ji·ontic r or the territory of A1 akan, of any other bodies of aliens, or their descendants, from the virinity of the country from which tltcy may have emigtated, and likewise to detain in coulincmcnt a ny of those persons, or any other individuals hf'ing Nativf's of foreign countries, or their descendants, for oJTenrcs of the above nature actually committed by them in the territories or the Statc> from which the y may have emigrated ; SHORT TITLE.- Thi5 short till,. wa~ ~ivcn l>y the Amending Act, 1897 (V of 1897), since repeaclcd. LOC.A.L EXTF.NT.- fhis Regulation ha, brcn d·clarr.cl. u\' notification under the Scheduled District Art, 11171 (X rV of 1874), S. 3 to be in forre in Assam (except the North Lushai Hills). It is not in force in the Lushai Hills. The words " Local Government" were ,ubstitull"d for the word "Governor Geueral in Council " by the' Amending Act, 1897 (V of 1897) "Central Governmrnt" was substituted for "Local Governmer-t" by thr A. 0 . 1937. J The Governmf'nt of Ava has ceased to exist, it..~ territories having been anucxed to the Hritiah dominions, The terdtorit:S are now known as "Upper­ Burma." For "Governor General in C'..ouncil" by the Amending Act, 1897 (V of 1897), the word Local Government wa~ substituted. The word "Lora! GovC'rnmclll" wafi substituted by the word Provincial Govt"rnment l>y A. 0., 1937 . The word Provincial aiain has b<"rn suhslilnlf'd by th.,wurd State hy ·\ , 0 ., 1'.150. s Sub,titutcd lor the words "the BritiJh territories" by A. 0 . 1950. l f l 7 )Q n s. ·d 1) lt' en ;r- 1). t" he 1812: Ben Reg. ll .J FoREIGN IMMIGRANTS 51 And whereas it is necessary to make provision for the trial of persons committing, or aiding in the commission of, the said offences, the following rules have been passed, to be in force from thr. period of their promulgation throughout the territories immediately dependent on the Presidency of Fort William : Power to or- 2. Whenever the [Central Government] 1 , upon due investi- der r~moval . h II b . fi d h h . r. A k of emtgranta gat10n, s a e sat1s e t at t e emigrants trom ra an, or to parts of emigrants from any other State, who may have sought an asylumcountry in llndia] 2 , or the descendants of any of the said emigrants, dee?Jed cou­ shall have abused the protection afforded to them, by attempts vement. to excite disturbances in the State from which they or their ancestors may have emig1ated, it shall be competent to the [Central Government] 2 to order the removal of those persons to such other part or parts of the country as may be judged mos t couvenient for their future residence. In like manner tt shall be competent to the [Central Gov­ ernment] 1 to order such removal whenever [itp may have grounds to be satisfied that the residence of any body of aliens, or their descendants, in the victnity of the frontier of the country from which they or their ancestors may have emigrated, IS likely to cause any ser ious misunderstanding between that State. and [the Govemment of Indial 4 Emigrants 3. Whe1 oevcr any body of emigrants, or any individual al.lowed to belonging to such body, shall be ordered to be removed from the aupose of part of the country in which they may have been established, property. they shall be a llowed to dispose of any property which they may ha'\>e acquired in such manner as they may judge proper : Provided, however, that if they shall nevertheless retain the right to any real propr.rty at the period of their actual removal, it shall be competent to the [Central Government) t to order ­ such property to be sold by public auction under the supcrin tendence of the Coll ector 5 of the district . In the case the net proceeds of the sale sh all be duly paid to the person or persons to whom the said property belonged. 4. In cases in which the [Central Government] 1 may, on due inquiry and the mature del iberation, be satisfied tha t either Power to or· the preservation of the tranquillity of [India] 2 or of the domi- der leaders. nions of the allies of [the Government of India] l or the mainte- or other euub • f I 1 f . b . . b f h G grants to e nance o t 1e re at10ns o amtty su S1stmg etween t e overn- apprehended ment of lndiaJ 1 and oth er Stat<'s, requires that any of the lcader3 and kept un­ or other persons of the above description, who may have der restraint ~The words "Local Government" were substituted for the words "Govtrnor Geo.tral in Counc1l" by the Amending Act. 1897 (V of 1897), (since repealed), "Central Government" substituted for "Local Govern­ ment by A. 0 . 1937. 2. Substituted for the British territ01·ies" by A. 0., 1950, ;J:fhe word "it" was substituted for the word "he" by tne Burma Lawa Act, 184)8 (Xll of 189!1) . S. 16 ptinted in the Burma Code. • The words "His Majgesly" were substituted for the words "the British Government" by the A.O., 1937 which a15ain ha~ been substituted by the words "the Gcvernment of India" by A. 0., 1950. • In Assam, Deputy Commissioner. As to e~ercise of fuuction of Deputy Commission~rs, tee the Assam Land and Revenue Rt-~ulation, 1886 (I of 1886), Chapter VII, post. / L 52 FOREIG~ htMlGRMHS 11812: Ben. Reg.l l. 18 committed the offences mentiOned in section 2 of this Regulation should be placed and drtaincd under restramt, it shall he com­ petent to the [Central Govemnwnt] ; to order any such persons having committed any of thL said offences, but not o thcrwi::;c, to be apprehended and committed to confincm<'nt at such place, and under the custody of such publtc oflict•r, and detained in confinement for such time, as may be dc<'mnl by the [Central . Government] 5 necessary for the public good. Pumsh.ment 5. Firsl.-Any persons of thL above description, o r their des- ~~rt~:~g~:~scendants, WhO, while )i\iillg llllrlt I the protection Of rthe 1 cndant' ex- Government ol Indi.t] 7 ~hall l'llltJ tl 1 rnun t y from whirh they SE citing distur- or their ancestors mav havr t migr.llt d, oJ any othf't fnreign hanc:cs in co- country, and shall excite, t )J altl"lllpt tu ,.,< itr, disturhanccs in uutnn from 1 · 1 · I 1 1 1 1 · 1 r 1 which they t 1~: s;uc counll 1es, s tal w lt;t 1l~ t" lw I noll" ll to tna wr l tat emigrated. oflcnce * 41 "'I anu , tf !011\.'ll'tt'd, 'Jt,tl l IJc sentenced to suiTcr imprisonment (OJ the penod of SC\ cu yeats. Puni!hment I Seclollldl.· r Any! prrso.ns, f. r .,. . * * * • for pc 5 11 ~ w 10 s 1a tllrtlls 1 cnngtan ts ront H•ru~tt cnunlr ies with any stding ~~~ assistance cithct of men, mnnc \" •r ,nms, in prosecution assi1>1iug in of their attempts to c·xcitr clistur!J.tnces in the country from which atto:;mprs tho they mav have emigrated , or in anv other country, or shall exctte sue I · ' · I I 1· · 1 ' · f h · · · ) disturb. ces Ot lerWISC aJ( SUC 1 a JCIIS Ill t IC pr1 SCCIItlllll 0 t Clr t rtmllla · tn "design, shall be liable to be brought to trial fiH· that offence* * ,1 and, if convictrcl, shall be s~>ntcnced to sullcr imprisonment for the term of llcven years. Proviso. Provided, hrnvever, that, if the Judge * * ~ hy whom the case may b·· tJ iecl shall be of ()pi11ion that the pu; ishmcnt «'Sta­ bhshed by this ant! the pfi':C:t•t·dinl! clau ~e ~hould in ·tny instance be mitigatNI, he shall submit the procccdm_s held on the trial 1lto the Centr<tl Governllllnt 1 J and dJt. C:cntt,d Govcmtnentrt 1 shall pass such orders thcre<m as it may think fi 1 :] Provided, moreovc1, th tl no sentence o r order which may be passed on the trial of any pPrsons untlcr the provisiom of the present Re~ulation shall he competent, 01 shall be construed, to preclude the s [Central Government) from the exercise of the power vested in the Goverumeut by section 4 of [this Regu­ lation.] 6 J. 'l he word:! "before the Court of Circuit," which wne rt<pt:al<'d by the Rl'p<'aling ,\ct, 1!17l ('\\'I of 1874), arc omitt.-d. Th•· W•>rd~ "of(.ircuir' whi• h wt<rc tep· ·,okd by the .~amt Act, are omitted. s The'e words in 51JUar<· br<~ckets were substitutc•d fo r the word~ ·'to the Ni1.amat Adalat, who will recommend to th<' Gov••rnor General in Councii such alleviation of the prescribed punishment as t ht'v rna y j ud~rr proper' • by the amendin~ Act, 1897 \'of 1897), •incc- r,·p. ~led. 'Substituted lor "Llcal (';I)Hrllffil'nt" lw th<' /\. 0., 19'17. fhe wo ds ''Loc;.~l Govl"rnment'' sub~titUII'd for the words Co\tJ nor General inC unctl" by th•· \•nendinq Act, 18'17 \ of 11197), since rep•·aled "Central Gov,.rnmem" w,u suhstitut .. d for "J. c·al Government" bv the A. 0. 1937. . 6 The words "thrs Rt'gul.ttion" "erl' ~ub~titutKI for the words ''the said Re~tulation by thl' .\mt"nd•nl!" \ ct 19(13 (1 of 1\lll:i) sincl" rept>aled. 7 The word, "Hi~ Maje,ty" wa' ,ub~titut,.d for thl' \\·orr!~ "the British Go\'ernment" by the \. Q., l'l:\7 "hich ns;::.\111 ha~ been sub~titu:e-1 b)" the words the \.m;("rnrnenr nf India b,· 1he \ 0., J 'l50. • The words "whether Nativ<· Rrilish mbject or .tlit•u'' omil!ed by the- A. o. 1950, ----------