86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
DELHI LAWS ACT, 1912
13 of 1912
18th September, 1912
An Act to provide for the application of the law In force in the Province of Delhi and for the extension of the enactments thereto.
WHEREAS by Proclamation
2published in Notification No. 911, dated the seventeenth day of September, 1912, the Governor- General in Council, with the sanction and approbation of the Secretary of State for India, has been pleased to take under his immediate authority and management the territory mentioned in Schedule A, which was formerly included within the Province of the Punjab, and to provide for the administration thereof by a Chief Commissioner as a separate Province lo be known as the Province of Delhi;
AND WHEREAS it is expedient to provide for the application of the law in force in the said territory, and for the extension of other enactments thereto; It is hereby enacted as follows: -
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called the Delhi Laws Act 1912; and
(2) It shall come into force on the first day of October, 1912.
SECTION 02: SAVING OF TERRITORIAL APPLICATION OF ENACTMENTS
The Proclamation referred to in the preamble shall not be deemed lo have effect 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 lime being under any particular administration.
SECTION 03: CONSTRUCTION OF CERTAIN ENACTMENTS IN FORCE IN THE TERRITORIES MENTIONED IN SCHEDULE A
All enactments made by any authority in3[India] and all notifications, orders, schemes, rules, forms and by-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, shall in their application to that territory be construed as if references therein lo the authorities, or gazette mentioned in column I of Schedule B were references to the authorities, or gazette respectively mentioned or referred to opposite thereto in column 2 of that Schedule4[ * * * *]
SECTION 04: POWERS OF COURTS AND STATE GOVERNMENT FOR PURPOSES OF FACILITATING APPLICATION OF ENACTMENTS
For the purpose of facilitating the application to the territory mentioned in Schedule A or any part thereof of any enactment passed before the commencement of this Act or of any notification, order, scheme, rule, form or by-law issued, made or prescribed under any such enactment -
(1) any Court may, subject to the other provisions of this Act, construe the enactment, notification, order, scheme, rule, form or by-law with such alterations not affecting the substance as may be necessary or proper lo adapt it to the mailer before the Court, and
(2) the5[Stale] Government may, subject to the other provisions of this Act, by notification in the5 [Official Gazelle] direct by what officer any power or duty shall be exercised or discharged, and any such notification shall have effect as if enacted in this Act.
SECTION 05: VESTING OF POWERS OF SEPARATE OFFICERS IN SINGLE OFFICER
(1) A notification issued undersection 4-, sub-section (2), may direct that any powers or duties vested in separate officers may be consolidated and vested in, and discharged by, a single officer.
(2) Where by such a notification appellate powers are consolidated and vested in a single officer, the period of limitation for the consolidated appeal shall be the longest period provided in the case of an appeal to any of the officers whose powers are so consolidated.
SECTION 06: PENDING PROCEEDINGS
Nothing in this Act shall affect any proceeding which at the commencement thereof is pending in respect of any of the territory mentioned in Schedule A, and every such proceeding shall be continued as if this Act had been not passed: Provided that all proceedings which at the commencement of this Act are pending before the Commissioner of the Division or any other authority within the territory mentioned in Schedule A shall be transferred to, and disposed of by, such authorities in the6[Slate] of Delhi as the6[State] Government may, by notification in the7[Official Gazette,] direct.
SECTION 07: POWERS TO EXTEND ENACTMENTS IN FORCE IN OTHER PROVINCES WITH MODIFICATIONS AND RESTRICTIONS
[ Repealed by the Part C States (Laws) Act, 1950 (30 of 1950), S.4.]
SCHEDULE A THE [STATE] OF DELHI
That portion of the District of Delhi comprising the Tahsil of Delhi and the police-station of Mahrauli..
SCHEDULE B B
(SeeSection 3-) ________________________________________________________________________ References Construetions ________________________________________________________________________[**********] 2. The [Stale ] Government of the Punjab.[*********] 5. The Chief Customs Authority. 6. The Financial Commissioner The[Stale Government] of Delhi. 7. The Commissioner of Revenue 8. The Commissioner of the Division 9. The Commissioner..... 10. The Chief Secretary to Government 11. A Secretary to Government or lo the [State Government.] 12. All officers and official bodies not Such officials or mentioned in the foregoing clause except officials bodies the Treasurer respec- of Charitable endowments whose authority tively as the[State Government] may extended immediately before the commence- by notification in the FNR>b [official ment of this Act over the territory mentioned Gazette], direct. in Schedule A.[*************] ________________________________________________________________________
Footnotes:
3. Substituted for the words "the Provinces" by the A.L.O.. 1950.
4. Proviso to S. 3 was repeated by A.O.. 1937.
5. Substituted for the words "Provincial' and "Gazette of India" by A.L.O., 1950 and A.O.. 1937, respectively.
6. Substituted for the words 'Province' by A.L.O., 1950.
7. Substitued for the words 'GGazette of India' by A. L.O., 1937.
86540
103860
630
114
59824