86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
BENGAL, BIHAR AND ORISSA AND ASSAM LAWS ACT, 1912
7 of 1912
26th March, 1912
An Act to make certain provisions regarding the application of the law in force in the Presidency of Fort William in Bengal, the Province of Bihar and Orissa and the Province of Assam. WHEREAS 1Governor and an Executive Council have been appointed for the Presidency of Fort William in Bengal. AND WHEREAS by proclmation2published under notification No. 290. dated the twenty-second day of March. 1912, the Governor-General with the sanction of His Majesty, has been pleased to declare and appoint that on and from the first day of April. 1912 the territory mentioned in Schedule A shall be and continue subject to the said Presidency of Fort William in Bengal: AND WHEREAS. by Proctamation2published under Notification No. 289, dated the twenty-Second day of March. 1912. the Governor- General, with the sanction of His Majesty, has been pleased to constitute the territory mentioned in Schedule B to be. for the purposes of the Indian Councils. Act. 18613. a Province to which the provisions of that Act touching the making of Laws and Regulations for the peace and good government of the Presidencies of Fort St. George and Bombay shall be applicable, and to direct that the said Province shall be called the Province of Bihar and 0risa and further to appoint a Lieutenant-Governor of that Province: AND WHEREAS by Proclamation 2[published under Notification No. 291. dated the twenty-second day of March. 1912. the Governor-General in Council, with the sanction and approbation of the Secretary of Slate for India, has been pleased to take under his immediate authority and management the territory mentioned in Schedule C. which was formerly included within the Province of Eastern Bengal and Assam and to for rnths same into a rief Commissionership. to be called the Chief Commissionership of Assam, and further to appoint a Chief Commissioner therefore: AND WHEREAS it is expedient to make certain provisions regarding the application of (be HIM in force in the territories affected by the said Proclamations: It is hereby enacted as follows :-
SECTION 01: SHORT TITLE AND COMMENCEMENT.
(1) This Act may be called The Bengal, Bihar and Orissa and Assam Laws Act. 1912; and.
(2) It shall come into force on the first day of April. 1912
SECTION 02: SAVING OF TERRITORIAL APPLICATION OF ENACTMENTS.
The Proclamations referred to in the preamble shall not be deemed to have effected any change in the territorial application of any enactment, notwithstanding that such enactment may be expressed to apply or extend to the territories for the time being under a particular administration.
SECTION 03: CONSTRUCTION OF CERTAIN REFERENCES IN ENACTMENTS IN FORCE IN TERRITORY MENTIONED IN SCHEDULES A. B AND C.
All enactments made by any authority in 4[India], and all notifications, orders, schemes, rules, forms and bye-laws issued. made or prescribed under such enactments, which, immediately before the commencement of this Act. were in force in. or prescribed for, any of the territory mentioned in Schedule A. Schedule B or Schedule C. shall, in their application to that territory, be construed as if references therein to the authorities, territory or Gazettes mentioned in column 1 of Schedule D were reference to the authorities. territory or Gazettes respectively mentioned or referred to opposite thereto in column 2 of that Schedule.5[ * * * * * * *]
SECTION 04: CONSTITUTION OF BOARD OF REVENUE IN BIHAR AND ORISSA.
- [Repealed by the Bihar and Orissa Board of Revenue Act 1911(B. and O. Act 1 of 1913). S. 7 and Sch. 1].
SECTION 05: POWERS OF COURTS AND STATE GOVERNMENTS FOR FACILITATING APPLICATION OF ENACTMENTS.
For the purpose of facilitating the application to the territory, or any part thereof, mentioned in Schedule A. Schedule B or Schedule C of any enactment passed before the commencement of this Act or of notification, order, scheme, rule form or by law made under any such enactment-
(a) any Court may. subject to the other provisions of this Act. construe the enactment, notification, order, scheme. rule form or bye-law with such alterations, not affecting the substance, as may be necessary or proper to adopt it to the matter before the Court: and
(b) the Slate Government may. by notification in the Official Gazette direct by what officer any authority or power shall be exercisable: and any such notification shall have effect as if enacted in this Act.
SECTION 06: PENDING PROCEEDING.
Nothing in this Act shall affect any proceeding which, at the commencement thereof, is pending in or in respect of any of the territory mentioned in Schedule A. Schedule B or Schedule C: and every such proceeding shall be continued as if this Act had not been passed.
SECTION 07 –08: AMENDMENT OF ACTS. REPEAL.
-.[Repealed by the Repeating Act 1938(1 of 1938)S. 2 and Sch]
SECTION 09: APPLICATION LO ADAPTATIONS AND--MODIFICATION MADE UNDER ART. 372 OR 372A OF THE CONSTITUTION
References in this Act. by whatever form of words to Indian laws in force immediately before the commencement of this Act shall, after the commencement of7[the Constitution], be construed as references to those laws as adapted and modified under8[Article 3729[or 372A] of the Constitution].]
Footnotes:
4. Substituted for the words "the States" by A. L. 0. 1950.
5. The proviso to S. 3 was repealed by the Devolution Act. 1920 (38 of 1920). S. 2 & Sch. 1.
7. Substituted for the words "Part III of the Government of India Act, 1935 by A. L. 0. 1950.
8. Substituted tor the words "section 29.1 of that Act", by A. L. 0. 1950.
9. Inserted by 2 A. L. 0. 1956.
SCHEDULE 01: THE PRESIDENCY OF FORT WILLIAM IN BENGAL
SCHEDUE(See sections 3-and6-)
PART 01:
The Chittagong Division, comprising the district of Chittagong. the Chittagong Hill-tracts, Noakhali and Tippera; (Now in Bangla Desh). the Diacca Division,comprising the districts of Bakaganj, Dacca, Faridpur and Mymensingh: (Now in Bangla Desh). the Rajshahi Division, comprising the districts of Bogra, Dinajpur, Jalpaiguri, Malda, Pabna, Rajshahi and Rangpur.
PART 02:
The Burdwan Division, comprising the districts of Bankura, Birbhum, Bardwan, Hoogly, Howrah and Midnapur; the Presidency Division, comprising the town of Calcutta and the districts of Jessore. Khulna Murshidabad, Nadia and the 24-parganas; and the district of Darjeeling.
SCHEDULE 02: THE STATE OF BIHAR AND ORISSA
The districts of Bhagalpur, Monghyr, Purnea and the Sonthal Parganas, in the Bhagalpur Division: the Patna Division, comprising the districts of Gaya, Patna and Shahabad; the Tirhut Division, comprising the districts of Champaran, Darbhanga, Muaffarpur and Saran: the Chota Nagpur Division, comprising the districts of Hazaribagh, Manbhum, Palamau, Ranchi and Singhbhum: and the Orissa Division, comprising the districts of Angul, Balasore, Cuttack, Puri and Sambatpur.
SCHEDULE 03: THE STATE OF ASSAM
The Assam Valley Districts Division, comprising the districts of Darrag,Garo Hills, Goalpara, Kamrup, Lakhimpur, Nowgong and Sibsagar; and the Surma Valley and Hill Districts Division, comprising the districts of Cachar, Khasi and Jaintia Hills, Lushai Hills Naga Hills and Sylhet.
SCHEDULE 04: THE SCHEDULE
(See Section 3-)
PART 01:
Consideration of enactments. etc. in force in the territory mentioned in Schedule A (the Presidency of Fort William in Bengal)._________________________________________________________________________________________________________________ References Constructions __________________________________________________________________________________________________________________ 1 2
___________________________________________________________________________________________________________________ 1. The[Local or State Government] of Bengal. The[State Government] of [* * *] Bengal. 2. The[Local or State Government] of Eastern Bengal and Assam. 3. The Board of Revenue for Eastern Bengal and Assam. The Board of Revenue for Bengal.[* * * * .] 6.All officers and official bodies not mentioned in the (a) The respective officers and official bodies foregoing clauses 2 to 5 (except the Treasurer of who immediately before the commence- Charitable Endowments) whose authority extended, of this Act exercised similar functions immediately before the commencement of this Act, in the State of Bengal; or over the Province of Eastern Bengal and Assam (b) such other officers or official bodies, respect generally, inclusive of the territory mentioned, as the[State Government] or[* *] in Part I of Schedule A. 7. The Local Official Gazette (English or Vernacular, Bengal may, by notification in the Official as the case may be) of the Government of Eastern Gazette, direct. Bengal and Assam. The Official Gazette (English or Vernacular, as the case may be) of the Government of Bengal. __________
PART 02:
Construction of enactments, etc., in force in the territory mentioned in Schedule B (the State of Bihar and Orissa). References Constructions ___
1 2 __ 8. The[Local or State Government] of Bengal, The State Government of Bihar and Orissa. 9. The[Local or State Government] of the Central Provinces. 10. The Board of Revenue for Bengal.[* * * * *] 13. The Court of Wards of the Central Provinces. The Board of Revenue for Bihar and Orissa. 14. The Superintendent of Government Wards in the Central Provinces. 15. The Judicial Commissioner of the Central Provinces. The High Court of Judicature[in Calcutta). 16. All officers and official bodies not mentioned in the foregoing Such officers or official bodies, respectively, as the clauses 8 to 15 (except the Treasurer of Charitable Endow- State Government may, by notification in the ments) whose authority extended, immediately before the Official Gazette, direct. commencement of this Act, over the Province of Bengal generally, inclusive of the territory, mentioned in Schedule B. 17. The local official Gazette (English or Vernacular as the case The Official Gazette (English or Vernacular, at may be) of the Government of Bengal or the Chief Com- the case may be) of the Government of Bihar missionership of the Central Provinces, and Orissa. _______________ Part II.- Construction of enactments, etc.. in force in the territory mentioned in Schedule C (the State of Assam). ________________ 18. The[Local or State Government] of Bengal. 19. The[Local or State Government] of Eastern Bengal and Assam The[State Government] of Assam. 20. The Board of Revenue for Eastern Bengal and Assam. 21. The Board of Revenue for Eastern Bengal and Assam.[* * * * *] 24. All officers and official bodies not mentioned in the foregoing Such officers or official bodies, respectively as clauses 18 to 28 (except the Treasurer of Charitable Endow-[State Government] of Assam may, by notifiments) whose authority extended, immediately before the in the Official Gazette, direct. commencement of this Act over the Province of Eastern Bengal and Assam generally, inclusive of the territory mentioned in Schedule C. 25. The Chief Commissionership of Assam. The territory mentioned in Schedule C. 26. The local .Official Gazette (English or Vernacular, as the case The Official Gazette (English or Vernacular, as may be) of the Government of Bengal or the Government of the case may be) of the Chief Commissionership Eastern Bengal and Assam, of Assam.
86540
103860
630
114
59824