Sec 1 to 3 (Preliminary) The Indian Easements Act, 1882

¹1. Short title.—

This Act may be called the Indian Easements Act, 1882.

Local extent.—

It extends² to the territories respectively administered by the Governor of Madras in Council and the Chief Commissioners of the Central Provinces and Coorg;

Commencement.—

and it shall come into force on the first day of July, 1882.

STATE AMENDMENTS

Karnataka

Amendment of Central Act V of 1882.—

In section 1 of the Indian Easements Act, 1882 (Central Act V of 1882) for the entry under the heading “Local extent”, the following entry shall be substituted, namely:—

“It extends to the whole of the State of Karnataka”.

[Vide Karnataka Act 33 of 1978, s. 6].

2. Savings.—

Nothing herein contained shall be deemed to affect any law not hereby expressly repealed; or to derogate from—

(a) any right of the ³[Government] to regulate the collection, retention and distribution of the water of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of the water flowing, collected, retained or distributed in or by any channel or other work constructed at the public expense for irrigation;

(b) any customary or other right (not being a license) in or over immovable property which the Government, the public or any person may possess irrespective of other immovable property; or

(c) any right acquired, or arising out of a relation created, before this Act comes into force.

⁴[3. Construction of certain references to Act 15 of 1877 and Act 9 of 1871.—

All references in any Act or Regulation to sections 26 and 27 of the Indian Limitation Act, 1877⁵ or to sections 27 and 28 of Act No. 9 of 1871⁶ shall, in the territories to which this Act extends, be read as made to sections 15 and 16 of this Act.]

(1. For Report of Select Committee, see Gazette of India, 1880, Pt. V, p. 1021: and for Proceedings in Council, see ibid., 1881, Supplement, pp. 687 and 766; and ibid., 1882, Supplement, p. 172.)

2. The Act was extended to—

(1) Ajmer-Merwara by notification under s. 5 of the Scheduled Districts Act, 1874 (14 of 1874), see Gazette of India, 1897, Pt. II, p. 1413;)

(2) Bombay and the U.P. by Act 8 of 1891 and continued in force, with modifications, in the territory transferred to Delhi State, see the Delhi Laws Act, 1915 (7 of 1915), s. 3 and the Third Schedule;)

(3) Whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958;)

(4) Punjab by Punjab Act 29 of 1961;)

(5) Kerala by Kerala Act 5 of 1962;)

(6) Pondicherry by Act 26 of 1968, s. 3 and Schedule.)

(7) Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019 s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019.)

(The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955.)

(3. Subs. by the A.O. 1950, for “Crown”.)

(4. Subs. by Act 10 of 1914, s. 2 and the First Schedule, for s. 3.)

(5. See now the Limitation Act, 1963 (36 of 1963.)

(6. Rep. by Act 15 of 1877.)