The BENGAL FOREIGN IMMIGRANTS REGULATION, 1812

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50 l•oREJO N IMMI GRANTS [ UU2 : Ben, Reg. 11. 
BENGAL REGULATION ll oF 181 2 
( THE BENGAL FORRIGN h!:III GRANTS R EOUL AT{ON, 13121 ). 
[18th Juf pl812.l 
A Regulation to empower the 2 [Cent r a l Govern­
ment] to order the removal of cmigmnts from 
foreign countr i es, and their d escendants from 
any plac e in th e vicinity of the front i er of the 
Sta te from which they may ha ve e migrated ; 
a nd . in certa in cas es, to place and d e tain a ny 
suc h persons in safe custody ; and likewi se t o 
provide for the tria l of ·em igran ts and their 
descendants who may excite disturbances in the 
coun tries from \vltich the} may have emigrated 
and of persons aidin g tltem in the prosec ution 
Preamble. of such attempts . 
l. WHERE AS consid erable bodies of perso ns, bci ng N a tivcs 
of Arakan and ordinar ily d t:nomina te<l Mughs, ban. from timt> 
to time emigrat ed from that Countr y and e~t d>lislH:cl themselves 
in that part of the distri ct of Ghittagong which lie ~ conti guous 
to the Arakan fron tier ; 
And whereas numb e1 s of those rwr~on,, or ol th r-ir ck scen­
d ants, aLusing th e pwtection whic h had been aJiiHdcd to them in 
[India] 5 have exci tt>d dis tu rlMnce~ and even levied war in 
the country of Arakan against the Gove rnm ent of Ava 3 , oJ 
which State Araka n i s now a dependency , and have conducte d 
themselv es in a rnannt>r manifestly tendin g to di sturb the rela tions 
of amity whi ch subsist helween the British Grnernment a nd tht> 
Government of Ava :l; 
And wherea s it is, in conscque nre, necess:uy tha t the (State 
Governmc'nt! ~ sho uld pmscss lega l poM·rs to 1 enlCJV(' the sa id 
bfJ<iies of emigrants and their descendants fi·om tlH Ji·on tic r or 
the territ ory of A1 aka n, of any other bodies of aliens, or their 
descendants, from the virinity of the countr y from whic h tltcy 
may have emigtated, and likewise to detain in coulincmcnt a ny 
of those persons, or any othe r individuals hf'ing Nativf's of 
foreign countri es, 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 emig rated ; 
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 "Govern or 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 territorie s" by A. 0 . 1950. 
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1812: Ben Reg. ll.J FoR EIGN IM MIGRANTS 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 followin g rules have been passed, to be in force 
from thr. period of their promulgation throu ghout the territorie s 
immed iately dependent on the Presidency of Fort William : Power to or-
2. Whenev er 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 emigra nts trom ra an, or to parts of 
emigrants from any other State, who may have sought an asylum country 
in llndia] 2 , or the descenda nts of any of the said emigran ts, 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 sha ll be competent to the 
[Central Government] 2 to order the removal of thos e 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 satisfie d 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 [th e Govemment of Indial 4 Emigrants 
3. Whe1 oevcr any body of emigrants, or any individua l al.lowed to 
belonging to such body, sha ll be ordered to be removed from the aupose of 
part of the country in which they may have been estab lish ed, property. 
they sha ll 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 thei r actual remova l, 
it shall be competent to the [Central Government) t to order ­
such property to be sold by public auction und er 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 inqui ry and the mature del iberation , be satisfied tha t eith er 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 tha t 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. 
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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 suc h persons 
having com mitted any of thL sa id offences, but not othcrwi ::;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.-An y persons of thL above description, or 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 
impris onme nt (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 cnngta n ts ront H•ru~tt cnunl r ies with any 
stding ~~~ assistance cit hct of men, mnnc \" •r ,nms, in prosecution 
assi1>1iug in of their attempts to c·xcitr clistur!J.tnce s in the country from which 
atto:;mprs tho they mav have emigrated , or in an v other country, or sha ll 
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 imp ri sonment for 
the term of llcven years. 
Proviso. Provided, hrnvever, that, if the Jud ge * * ~ 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 procc cdm_s held on the trial 
1lto the Cen tr<tl Governllllnt 1 J and dJt. C:cntt,d Govcmtnentrt 1 
shall pass such orde rs thcre<m as it may think fi 1 :] 
Provided, moreovc1, th tl no sentence or 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 th e exercise of the 
power vested in the Goverumeut by section 4 of [this Regu­
lation .] 6 
J. 'l he word:! "before the Court of Circ uit," 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<~cket s were substitutc•d for 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~ti tutKI 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, 
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