Bengal, Bihar And Orissa And Assam Laws Act, 1912

• Bengal, Bihar And Orissa And Assam Laws Act, 1912
  • 1. Short title and Commencement.
  • 2. Saving of territorial application enactments.
  • 3. Construction of certain references in enactments in force in territory mentioned in Schedules A, B and C.
  • 4. Constitution of Board of Revenue in Bihar and Orissa.
  • 5. Powers of Courts and State Governments for facilitating application enactments.
  • 6. Pending proceedings.
  • 7. and 8. Amendment of Acts. Repeal.
  • 9. Application to adaptations and modifications made under Article 372 of the Constitution.

Bengal, Bihar And Orissa And Assam Laws Act, 1912

Act No. 7 of 1912

1433

[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 a Governor and an Executive Council have been appointed for the Presidency of Fort William in Bengal;
AND WHEREAS, by Proclamation published under Notification NO.290, dated the twenty-second day of March, 1912, the Governor-General in Council, 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 Proclamation published 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, 1861 (24 & 25 Vict., C.67.), 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 Orissa, and further to appoint a Lieutenant-Governor of that Province;
AND WHEREAS, by Proclamation 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 State 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 form the same into a Chief Commissionership, to be called the Chief Commissionership of Assam, and further to appoint a Chief Commissioner therefor;
AND WHEREAS it is expedient to make certain provisions regarding the application of the law in force in the territories affected by the said Proclamations;
It is hereby enacted as follows:-

1. 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.
2. Saving of territorial application 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.
3. Construction of certain references in enactments in force in territory mentioned in Schedules A, B and C.- All enactments made by any authority in [India], and all in notifications, orders, schemes, rules, forms and by-laws issued, made or rights 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 references to the authorities, territory or Gazettes respectively mentioned or referred to opposite thereto in column 2 of that Schedule.
[* * * * * *]
4. Constitution of Board of Revenue in Bihar and Orissa. [Rep. by the Bihar and Orissa Board of Revenue Act, 1913 (B. and O. Act 1 of 1913), s.7 and Sch.I.]
5. Powers of Courts and State Governments for facilitating application enactments.- For the purpose of facilitating the application to the territory, or and any part thereof, mentioned in Schedule A, Schedule B or Schedule C of any enactment passed before the commencement of this Act, or of any 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 by-law with such alterations, not affecting the substance, as may be necessary or proper to adapt it to the matter before the Court; and

(b) the State 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.

6. Pending proceedings.- 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.
7. and 8.- Amendment of Acts. Repeal. [Rep. by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.]
[9. Application to adaptations and modifications made under Article 372 of the Constitution.-References in this Act, by whatever form of words, to Indian Act laws in force immediately before the commencement of this Act shall, after the commencement of [the Constitution], be construed as references to those laws as adapted and modified under [Article 372 Act of the Constitution].]

SCHEDULE A

(See sections 3, 5 and 6)

THE PRESIDENCY OF FORT WILLIAM IN BENGAL

Part I

The Chittagong Division, comprising the districts of Chittagong, the Chittagong Hill-tracts, Noakhali and Tippera;
the Dacca Division, comprising the districts of Bakargan;, Dacca, Faridqur and Mymensingh;
the Rajshahi Division, comprising the districts of Bogra, Dinajpur, Jalpaiguri, Malda, Pabna, Rajshahi and Rangpur.

Part II

The Burdwan Division, comprising the districts of Bankura, Birbhum, Burdwan, Hooghly, 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 Dargeeling.

SCHEDULE B

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, Muzaffarpur and Saran;
the Chota Nagpur Division, comprising the districts of Hazaribagh, Manbhum, Palamau, Ranchi and Singbhum; and
the Orissa Division, comprising the districts of Angul, Balasore, Cuttack, Puri and Sambalpur {As regards the district of Sambalpur, see the Malkharoda and Gaontia Villages Laws Act, 1923 (22 of 1923).}

SCHEDULE C

THE STATE OF ASSAM

The Assam Valley Districts Division, comprising the districts of Darrang, Garo Hills, Goaloara, Kamrup, Lakbimpur, 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 D

(See section 3)

Part I.- Construction of enactments, etc., in force in the territory mentioned in Schedule A (the Presidency of Fort William in Bengal)
References Constructions

Part II.- Construction of enactments, etc., in force in the territory mentioned in Schedule B (the State of Bihar and Orissa).

Part II.- Construction of enactments, etc., in force in the territory mentioned in Schedule C (the State of Assam).

SCHEDULE E

Repealed by Repealing Act, 1938 (1 of 1938), section 2 and Sch.