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BERAR LAWS ACT, 1941
4 of 1941
17th March, 1941
STATEMENT OF OBJECTS AND REASONS "Though the provisions of many Central Acts are applicable to Berar. this result does not flow from the British Indian Act itself being proprio vigore operative in Berar but is achieved by the application to Bearar by order made under the Indian (Foreign Jurisdiction) Order in Council. 1903, of each such Act often with certain modifications of the form in which the Act is in force in British India. Certain administrative inconveniences result from this. The Act as in force in British India is distinct from the Act as in force in Berar. the former being an enactment applying proprio vigore to British India but not to Berar, the latter consisting of the provisions of the British Indian Act made applicable to Berar by order under the Foreign Jurisdiction Order but not applicable to British India, Notifications and statutory Rules issued under identical provisions, operative both in British India and in Berar. have accordingly to be issued separately for British India and for Berar. and a similar dual process must attend any subsequent amendment of such notifications and rules. The repeal in British India of an Act made applicable to Berar does not automatically make the Act inoperative in Berar. 2. Since the commencement of Part 3 of the Government of India Act. 1935on the 1st April 1937 Berar and the Central Provinces have been deemed to be one Governor's Province and an Act passed after that date and expressed to extend to the whole of British India does extend proprio vigore to Berar. .1. The primary object of the present Bill is to assimilate the position of Central Acts passed before the 1st day 0. April. 1937. to that of those passed after that date and automatically in force in Berar. that is to say. by means of one comprehensive enactment to extend to and make operative proprio vigore in Berar Central Acts passed before the commencement of Part 3 of the Government of India Act, 1935. while simultaneously nullifying the orders under the Foreign Jurisdiction Order in Council by virtue of which those Acts are operative in Berar. It is possible, now that the legislative competence of the Central Legislature Legislature is confined to matters enumerated in List I and I-ist III of the Seventh Schedule tothe Government of India Act. 1935. to achieve the result aimed at only in Part by legislation in the Central legislature. So tar as the Central Legislature is incompetent to achieve the result completely. because the subject-matter of the Act to be extended is included in List II. it is anticipated that this Central legislation will he supplemented bv Provincial legislation.and that the Central Act and the Provincial Act will come into operation simultaneously, each thus completing what the other left incomplete. Accordingly the Acts to be extended to Berar are grouped in two separate Schedules. Schedules I and II. according as their subject-matter is relatable solely to List land List III or only partly to those Lists and partly to List II. 4. In addition to Central Act- the provisions of which are already applicable to Berar by virtue of orders under the Foreign Jurisdiction Order in Council. Schedules I and II also contain a few Acts which it seems advisable to take the opportunity afforded by the Bill to extend to Berar. 5. One Act.the Indian Cotton Cess Act. 1923. which was made operative proprio vigore in Berar by the Government of India (Adaptation of Indian Laws) Order. 1937. is also still operative by virtue or an order under the Foreign Jurisdiction Order in Council. This Act has received special treatment in Cl. 3 of the present Bill. 6. Two Acts. the Code of Civil Procedure, 1908. and the Indian Limitation Act 1908. require small modifications when operative in Berar owing to the fact that a special law .the Berar Small Cause Courts Law. 1905. takes the place of the Provincial Small Cause Courts Act. 1887. in Berar. These modifications have been effected in the Third Schedule to the Bill. The Fourth Schedule contains a list of Acts in regard to which doubts might arise whether they are or not still operative in Berar. They were at one time applied to Berar. and on the repeal or expiry of the Acts in British India no overt action was taken to cancel the notifications by which their provisions were applied to Berar." Gaz. of India. 1940. Part V. page 247. An Act to extend certain Acts to Berar, WHEREAS by orders made under the Indian (Foreign Jurisdiction) Order in Council. 1902. the provisions of certain Acts 1[* *] have from time to time been applied to. and are now. by virtue of such application, in force in. Berar: AND WHEREAS it is expedient that those and certain other Acts should be extended to. and be. by virtue of such extension, in force in. Berar: It is hereby enacted as follows:-
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act maybe called The Berar Laws Act, 1941.
(2) It shall come into force on such2date as the Central Government may. by notification in the Official Gazette, appoint.
SECTION 02: EXTENSION OF CERTAIN ACTS TO BERAR
(1) The Acts specified in the First Schedule and so much of any Act specified in the Second Schedule as relates to matters with respect to which the Central Legislature has power to make laws are hereby extended to. and shall be in force in. Berar: and in any enactment so extended3[* * * *] notwithstanding anything contained in clause (7) of section 3 of the General Clauses Act. 1897-. any reference to4[the States] shall be construed as a reference to4[the States] and Berar.
(2) The Acts specified in the Third Schedule shall be amended in the manner set forth in the second column of that Schedule.
SECTION 03: CESSOR OF APPLICATION OF CERTAIN ACTS TO BERAR
The application, if any, to Berar. made by order under the Indian (Foreign Jurisdiction) Order in Council. 1902. of the Acts specified in the First Schedule, or so much of any Act specified in the Second Schedule as relates to matter. with respect to which the Central Legislature has power to make laws. and of the Indian Cotton Cess Act, 1923-, shall cease to have effect: Provided that all appointments, delegations, notifications, orders, bye-laws, rules and regulations, which have been made or issued under, or in pursuance of. any provision of any of the laid Acts as applied to Berar by order under the said Order in Council, and which are in force at the commencement of this Act. shall be deemed to have been made or issued under or in pursuance of the corresponding provision of that Act as now extended to. and in force in. Berar.
SECTION 04: REMOVAL OF DOUBT
For the removal of doubt it is hereby declared that the Act.- specified in the Fourth Schedule have ceased to have effect and are repealed in Berar.
Footnotes:
2. The 1st Augustl 1941. see Gazette of India. 1941. Pt. I. p. 966
3. Words beginning with "any references by'' and ending with the words``the Nizam of Hyderabad'' omitted by A. I.
4. Substituted for the words ``British India" by A. C. A. O. 1948.
SCHEDULE 01: ACTS EXTENDED TO BERAR
Short title 1850 XIX ... The Apprentices Act. 1850. 1850 XXI ... The Caste Disabilities Removal Act. 1850. 1855 XIII ... The Indian Fatal Accidents Act. 1855. 1856 XI ... The European Deserters Act. 1856. 1856 XV ... The Hindu Widow's Re-marriage Act. 1856. 1860 XLV ... The Indian Penal Code. 1860. 1864 III ... The Foreigners Act. 1864. 1865 III ... The Carriers Act. 1865. 1866 XXI ... The Native Converts' Marriage Dissolution Act. 1866. 1867 XXV ... The Press and Registration ot Books Act. 1867. 1869 IV ... The Indian Divorce Act. 1869. 1872 I ... The Indian Evidence Act. 1872. 1872 III ... The Special Marriage Act. 1872. 1872 IX ... The Indian Contract Act. 1872. 1872 XV ... The Indian Christian Marriage Act. 1872. 1873 V ... The Government Savings Banks Act. 1873. 1874 X ... The Indian Oaths Act. 1873. 1874 IX ... The European Vagrancy Act. 1874. 1875 IX ... The Indian Majority Act. 1875. 1875 XVIII ... The Indian Law Reports Act. 1875. 1876 IX ... The Native Coinage Act. 1876. 1877 I ... The Specific Relief Act. 1877. 1878 VIII ... The Sen Customs Act. 1878. 1878 XI ... The Indian Arms Act. 1878. 1879 XVIII ... The Legal Practitioners Act. 1879. 1881 XXVI ... The Negotiable Instruments Act. 1881. 1883 II ... The Indian Trusts Act. 1882. 1883 XII ... The Indian Salt Act. 1882. 1884 IV ... The Indian Explosives Ac:. 1884. 1888 III ... The Police Act. 1888. 1889 IV ... The Indian Merchandise Marks Act. 1889. 1890 VIII ... The Guardians and Wards Act. 1890. 1890 XI ... The Prevention of Cruelty to Animals Act. 1890. 1891 XVIII ... The Bankers' Books Evidence Act. 1891. 1898 V ... The Code of Criminal Procedure. 1898. 1901 II .. The Indian Tolls (Army ) Act. 1901. 1903 VII ... The Indian Works of Defence Act. 1903. 1903 XV ... The Indian Fxtradition Act. 1901. 1904 VII ... The Ancient Monuments Preservation Act. 1904. 1905 IV ... The Indian Railway Board Act. 1905. 1906 III . The Indian Comage Act. 1906 Year Number Short title 1908 V ... The Code of Civil Procedure. 1908. 1908 VI ... The Explosive Substances Act. 1908. 1908 IX ... The Indian Limitation Act. 1908. 1908 XIV ... The Indian Criminal Law Amendment Act. 1908 1908 XVI ... The Indian Registration Act. 1908. 1909 IV ... The Whipping Act. 1909. 1910 IX ... The Indian Electricity Act, 1910. 1911 II ... The Indian Patents and Designs Act. 1911. 1911 VIII ... The Indian Army Act. 1911. 1912 IV ... The Indian Lunacy Act. 1912. 1913 II ... The Official Trustees Act, 1913. 1911 III ... The Administrator-General's Act. 1913. 1914 III ... The Indian Copyright Act. 1914. 1916 VII ... The Indian Medical Degrees Act. 1916. 1917 11 ... The Motor Spirit (Duties) Act, 1917. 1917 XVIII ... The Post Office Cash Certificates Act. 1917. 1918 XXII ... The Bronze Coin (Legal Tender) Acit 1918. 1919 XII ... The Poisons Aci. 1919. 1920 V ... The Provincial Insolvency Act. 1920. 1920 XIV ... The Charitable and Religious Trusts Act. 1920. 1920 XV ... The Indian Red Cross Society Act. 1920. 1920 XLVII ... The Imperial Bank of India Act. 1920. 1920 XLVIII ... The Indian Territorial Force Act. 1920. 1920 XLIX ... The Auxiliary Force Act. 1920. 1921 XVIII ... The Maintenance Orders Enforcement Act. 1921. 1922 XI ... The Indian Income-tax Act. 1922. 1922 XII ... The Indian Finance Act. 1922. 1922 [] ... The Indian Stales ( Protection against Disaffection) Act. 1922. 1921 IV ... The Indian Mines Act. 1923. 1921 V ... The Indian Boilers Act. 1923. 1923 VIII ... The Workmen's Compensation Act. 1923. 1923 XXIII ... The Legal Practitioners (Women) Act. 1923. 1924 VI ... The Criminal Tribes Act. 1924. 1925 XXXIX ... The Indian Succession Act. 1925. 1926 XI ... The Promissory Notes (Stamp). Act. 1926. 1926 XVI ... The Indian Trade Unions Act. 1926. 1926 XXI ... The Legal Practitioners (Fees) Act. 1926. 1926 XXXVIII ... The Indian Bar Councils Act. 1926. 1929 VII ... The Trade Disputes Act, 1929. 1929 XIX ... The Child Marriage Restraint Act. 1929. 1930 II ... The Dangerous Drugs Act. 1930. 1930 III ... The Indian Sale of Goods Act, 1930. 1930 XVIII ... The Silver (Excise Duly) Act, 1930. 1930 XIX ... The Indian Companies (Amendment) Act. 1930. 1930 XXIV ... The Indian Lac Cess Act, 1930. 1931 [] ... The Indian Finance Act. 1931. 1931 [] ... The Indian Finance (Supplementary and Extending) Act. 1931. 1931 XVI ... The Provisional Collection of Taxes Act. 1931. 1931 XXIII ... The Indian Press (Emergency Powers) Act. 1931. 1932 IX ... The Indian Partnership Act. 1932. 1932 XI ... The Public Suits Validation Act. 1932. 1932 XII ... The Foreign Relations Act, 1932. 1932 XIII ... The Sugar Industry (Protection) Act. 1932. 1932 XXIII ... The Criminal Law Amendment Act. 1932. 1933 II ... The Children (Pledging of Labour) Act. 1933. 1933 VII ... The Indian Finance Act. 1933. 1933 XVII ... The Indian Wireless Telegraphy Act. 1933. 1933 XXVII ... The Indian Medical Council Act. 1933. 1934 II ... The Reserve Bank of India Act. 1934. 1934 VIII ... The Khaddar (Name Protection) Act. 1934. 1934 IX ... The Indian Finance Act. 1934. 1934 XI ... The Indian States (Protection) Act. 1934. 1934 XIV ... The Sugar (Excise Duty) Act. 1934. 1914 XVI ... The Matches (Excise Duly) Act. 1934. 1934 XX ... The Indian Carriage by Air Act. 1934. 1934 XXII ... The Indian Aireraft Act. 1934. Year Number Short title 1934 XXIII ... The Mechanical Lighters (Excise Duty) Act. 1934. 1934 XXV ... The Factories Act. 1934. 1934 XXX! ... The Iron and Steel Duties Act. 1934. 1934 XXXII ... The Indian Tariff Act. 1934. 1934 [] ... The Indian Finance Act. 1935. 1936 [] ... The Indian Finance Act. 1936. 1936 III ... The Parsi Marriage and Divorce Act. 1936. 1936 IV ... The Payment of Wages Act. 1936. 1936 XIV ... The Geneva Convention Implementing Act. 1936. 1937 I ... The Agricultural Produce (Grading and Marking) Act. 1937 1937 VI ... The Arbitration (Protocol and Convention) Act, 1937. 1937 [] ... The Indian Finance Act, 1937.
SCHEDULE 02: ACTS PARTIALLY EXTENDED TO BERAR
Year Number Short title 1843 V ... The Indian Slavery Act, 1843. 1850 XII ... The Public Accountant's Default Act, 1850. 1850 XXXVII ... The Public Servants (Inquiries) Act, 1850. 1855 XXIV ... The Penal Servitude Act, 1855. 1870 VII ... The Court-fees Act. 1870. 1871 XXIII ... The Pensions Act. 1871. 1881 XI ... The Municipal Taxation Act, 1881. 1882 IV ... The Transfer of Property Act. 1882. 1885 XIII ... The Indian Telegraph Act. 1885. 1886 VI ... The Births. Deaths and Marriages Registration Act. 1886. 1886 XI ... The Indian Tramways Act, 1886. 1890 I ... The Revenue Recovery Act 1890. 1890 VI ... The Charitable Endowments Act, 1890. 1890 IX ... The Indian Railways Act. 1890. 1895 XV ... The Crown Grants Act. 1895. 1897 III ... The Epidemic Diseases Act. 1897. 1897 X ... The General Clauses Act. 1897. 1897 XIV ... The Indian Short Titles Act, 1897. 1898 VI ... The Indian Post Office Act, 1898. 1899 II ... The Indian Stamp Act, 1899. 1899 IV ... The Government Buildings Act. 1899. 1913 VII ... The Indian Companies Act, 1913. 1914 IX ... The Local Authorities Loans Act, 1914. 1916 XV ... The Hindu Disposition of Property Act, 1916. 1917 V ... The Destruction of Records Act, 1917. 1918 II ... The Cinematograph Act, 1918. 1920 X ... The Indian Securities Act, 1920. 1920 XXXIX ... The Indian Elections Offences and Inquiries Act, 1920. 1923 III ... The Cotton Transport Act. 1923. 1923 XIX ... The Indian Official Secrets Act, 1923. 1924 XIII ... The Indian (Specified Instruments) Stamp Act, 1924. 1925 IV ... The Indian Soldiers (Litigation) Act, 1925. 1925 XII ... The Cotton Ginning and Pressing Factories Act, 1925. 1925 XIX ... The Provident Funds Act, 1925. 1927 XVI ... The Indian Forest Act, 1927. 1928 XII ... The Hindu Inheritance (Removal of Disabilities) Act. 1928. 1929 II ... The Hindu Law of Inheritance (Amendment) Act. 1929, Number Short title 1930 1936 XXX ... The Hindu Gain-, of Learning Act. 1930. V ... The Decrees and Orders Validating Act. 1936.
SCHEDULE 03: ACTS AMENDED (AMENDMENTS WERE MADE IN
C.P.C. 1908 & Lim. Act 1908) [Not printed]
THE SCHEDULE(Seesection 2(2)-)
SCHEDULE 04: ACTS WHICH HAVE CEASED TO HAVE EFFECT AND ARE REPEALED IN BERAR
Short title 1841 XIX ... The Succession (Property Protections Act. 1841. 1847 XX ... The Indian Copyright Act. 1847. 1860 IX ... The Employers and Workmen (Disputes) Act. 1860. 1865 X ... The Indian Succession Act. 1965. 1865 XXI ... The Parsi intestate Succession Act. 1865. 1881 V ... The Probate and Administration Act. 1881. 1881 VI ... The District Delegates Act. 1881. 1889 VII ... The Succession Certificates Act. 1889. 1911 XII ... The Indian Factories Act. 1911. 1912 V ... The Provident Insurance Societies Act. 1912. 1912 VI ... The Indian Life Assurance Companies Act. 1912. 1914 VIII ... The Indian Motor Vehicles Act. 1914. 1919 X ... The Excess Profits Dun Act. 1919. 1923 X ... The Indian Paper Currency Act. 1923. 1926 XIX ... The Indian Finance Act. 1926. 1927 V ... The Indian Finance Act. 1927. 1928 XX ... The Indian Insurance Companies Act. 1928. 1929 X ... The Indian Census Act. 1929. 1933 XIII ... The Safeguarding of Industries Act. 1933. 1935 [] ... The Criminal Law Amendment Act. 1935. 1936 I ... The Italian Loans and Credits Prohibition Act. 1936.
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