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The Indian Easements Act, 1882

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THE INDIAN EASEMENTS ACT, 1882.

ACT NO. 5 OF 1882.

[17th February, 1882.]

An Act to define and amend the Law relating to Easements and Licenses.

Preamble.-WHEREAS it is expedient to define and amend the law relating to easements and licenses; It is hereby enacted as follows:-

PRELIMINARY

1.Short title.

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

Local Extent.

It extends1* 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.

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Nothing herein contained shall be deemed to affect any law not hereby expressly repealed; or to derogate from--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

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, 18773*, (15 of 1877) or to sections 27 and 28 of Act No. 9 of 18714* shall, in the territories to which this Act extends, be read as made to sections 15 and 16 of this Act.]
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1. The Act was extended to Bombay and the U. P. by Act 8 of 1891 and continues in force, with modifications, in the territory transferred to Delhi State, see the Delhi Laws Act, 1915.(7 of 1915), s. 3 and Sch III. Repealed in its application to Bellary District by Mysore Act 14 of 1955. Extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified). Extended to Punjab by Pun. Act 29 of 1961. Extended to Kerala by Kerala Act 5 of 1962. Extended to the Union territory of Pondicherry by Act 26 of 1968, S. 3 and Schedule.

2. Subs. by Act 10 of 1914, s. 2 and Sch. I, for the original section.

3. Rep. by the Indian Limitation Act, 1908 (9 of 1908).

4. Rep. by Act 15 of 1877.6.

Sections: