An Act for extending the principle of section 9, Regulation VII, 1832 of the Bengal Code throughout [India]. [11 the April, 1850.]
Preamble:- WHEREAS it is enacted by section 9, Regulation VII, 1832, of the Bengal Code, that "whenever in any civil suit the parties to such suit may be of different persuasions, when one party shall be of the Hindu and the other of the Muhammadan persuasion, or where one or more of the parties to the suit shall not be either of the Muhammadan or Hindu persuasions the laws of those religions shall not be permitted to operate to deprive such party or parties of any property to which, but for the operation of such laws, they would have been entitled"; and whereas it will be beneficial to extend the principle of that enactment throughout [India] ; It is enacted as follows :-
Additional Information :The short title was given by the Indian Short Titles Act, 1897 (14 of 1897).1. Law or usage which inflicts forfeiture of, or affects, rights on change of religion or loss of caste to cease to be enforced.- So much of any law or usage now in force within [India] as inflicts on any person forfeiture of rights or property, or may be held in any way to impair or affect any right of inheritance, by reason of his or her renouncing, or having been excluded from the communion of, any religion, or being deprived of caste, shall cease to be enforced as law [in any court].
The Act (21 of 1850) has been declared to be in force in the whole of India, except the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), S. 3.
It has been declared to be in force in the Santhal Parganas, by the Santhal Parganas Settlement Regulation (3 of 1872). S. 3. Santhal Parganas now form part of the State of Bihar. It has been declared by notification under S. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely: - West Jalpaiguri, (now in the State of West Bengal) - Sec Gaz. of Ind., 1881, Pt. I, p. 74; The Districts of Hazaribagh, Lohardaga (now the Ranchi District), see Calcutta Gazette, 1899. Pt. I, p. 44 and Manbhum, and Pargana Dhalbhum and the Kolhan in the District of Singhbhum. (now parts of the State of Bihar;) - see ibid. 1881, Pt. I, page 504; the Scheduled portion of the Mirzapur District, see ibid. 1879, Pt. I, page 383; Jaunsar Bawar, now in the State of Uttar Pradesh, see ibid. 1879, Pt. I, page 382; The District of
Lahaul, (now forming part of the State of Himachal Pradesh) - See Act 31 of 1966, S. 5 [1-11-1966] and Act 81 of 1971 - See Gaz. of Ind.; 1886. Pt. I. p. 301: the Scheduled Districts of the C.P., see ibid. 1879, Pt. I, page 771; the Scheduled Districts in Ganjam (now in the State of Orissa) and Vizagapatam (now in the State of Andhra Pradesh,) - see ibid, 1898, Pt. I, page 870; Coorg (now in Mysore State) - see ibid, 1898, Pt. I, page 870; Assam (except the North Lushai Hills), (now known as Mizoram - see Act 18 of 1954, section 2; and Act 81of 1971 and Gaz. of Ind., 1897, Pt. I, page 299; the Porahat Estate in the Singbhum District, see ibid, 1897, Pt. I, page 1059 (now in Bihar State); to Meghalaya. as formed under Act 55 of 1969, by Meghalaya A.L.O. (No. 3). 1973 (w.r.e.f. 21-1-1972).
It has been extended, by notification under S. 5 of the same Act, i.e. 15 of 1874 to the following Scheduled Districts, namely :- Kumaon and Garhwal, see Gazette of India, 1876, Pt. I, page 606; the Tarai of the Province of Agra, see Gaz. of Ind., 1876, Pt. I. page 505. All in U.P. State now.
The Act has been extended to the new Provinces and merged States by the Merged States (Laws) Act, 1949 (59 of 1949), S. 3 [1-1-1950] and to the Union Territories of Manipur and Tripura by the Union Territories (Laws) Act, 1950 (30 of 1950), section 3 [16-4-1950]. (Manipur and Tripura are now States - See Act 81 of 1971).
The Act has been extended to Union Territories of Pondicherry, see Act 26 of 1968, section 3 and Sch. [1-8-1968] and of Dadra and Nagar Haveli by Regulation 6 of 1963 [w.e.f. 1-7-1965].
The Act has been extended to States merged in the States of
Bombay - Bombay Act 4 of 1950. Bombay has been reorganised into two States of Maharashtra and Gujarat.
Punjab - Punj. Act 5 of 1950. Punjab divided into the States of Haryana and Punjab and Union Territories of Chandigarh and Himachal Pradesh.
[2. Short title and extent.- (1) This Act may be called the Caste Disabilities Removal Act, 1850.
(2) It extends to the whole of India except the State of Jammu and Kashmir.]