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Berar Laws Act, 1941

Berar Laws Act, 1941
- 1. Short title and Commencement.
- 2. Extension of certain Acts to Berar.
- 3. Cesser of application of certain Acts to Berar.
- 4. Removal of doubt.

Act No. 4 of 1941

1436

[17th March, 1941.]
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 [* * *] 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:-

LEGISLATIVE HISTORY ▼

1. Short title and Commencement.- (1) This Act may be called the Berar Laws Act, 1941.
(2) It shall come into force on such [date] as the Central Government may, by notification in the Official Gazette, appoint.

Object & Reasons▼

Object 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 Berar by order made under the Indian (Foreign Jurisdiction) Order in Council, 1902, 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 III of the Government of India Act, 1935 on 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.
3. The primary object of the present Bill is to assimilate the position of Central Acts passed before the 1st day of 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 III 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 is confined to matters enumerated in List I and List III of the Seventh Schedule to the Government of India Act, 1935, to achieve the result aimed at only in part by legislation in the Central legislature. So far 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 be supplemented by 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 I and List III or only partly to those Lists and partly to List II.
4. In addition to Central Acts 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 of 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 modifica lions 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, – Gazette of India, 1940, Part V, page 247.

2. 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 extended, [* * * *] notwithstanding anything contained in clause (7) of section 3 of the General Clauses Act, 1897, any reference to [the States] shall be constructed as a reference to [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.
3. Cesser 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, of 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, 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 said 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.
4. Removal of doubt.- For the removal of doubt it is hereby declared that the Acts specified in the Forty Schedule have ceased to have effect and are repealed in Berar.

THE FIRST SCHEDULE

(See sections 2 (1) and 3)

Acts extended to Berar

Year	Number	Short title
1850	XIX	The Apprentices Act, 1850.
1850	XXI	The Caste Disabilities Removal Act, 1850.
1855	XIII	The Indian Fatal Accidents Act, 1855.
1855	XI	The European Deserters Act, 1856.
1856	XV	The Hindu Widows’ Re-marriage Act, 1856.
1860	XLV	The Indian Penal Code, 1860.
1864	III	The Foreigners Act, 1864.
1865	III	The Carriers Act, 1865.
1866	XI	The Native Converts’ Marriage Dissolution Act
1867	XXV	The Press and Registration of 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.
1872	V	The Government Savings Banks Act, 1873.
1873	X	The Indian Oaths Act, 1873.
1874	IX	The European Vagrancy Act, 1874.
1874	IX	The Indian Majority Act, 1875.
1875	XVIII	The Indian Law Reports Act, 1875.
1876	I	The Native Coinage Act, 1876.
1877	IX	The Specific Relief Act, 1877.
1878	VIII	The Sea Customs Act, 1878.
1879	XI	The Indian Arms Act, 1878.
1881	XVIII	The Legal Practitioners Act, 1879.
1882	XXVI	The Negotiable Instruments Act, 1881.
1882	II	The Indian Trusts Act, 1882.
1882	XII	The Indian Salt Act, 1882.
1884	IV	The Indian Explosives Act, 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 Cruelly 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 Defense Act, 1903
1903	XV	The Indian Extradition Act, 1903.
1904	VII	The Ancient Monuments Preservation Act, 1904
1905	IV	The-Indian Railway Board Act, 1905.
1906	III	The Indian Coinage Act, 1906.
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.
1909	IV	The Indian Registration Act, 1908.
1910	IV	The Whipping Act, 1909.
1910	IX	The Indian Electricity Act, 1910.
1911	II	The Indian Patents and Designs Act, 1911.
1912	VIII	The Indian Army Act, 1911.
1913	II	The Indian Lunacy Act, 1912.
1913	III	The Official Trustees Act, 1913.
1914	III	The Administrator Generals Act, 1913.
1916	VII	The Indian Copyright Act, 1914.
1917	II	The Indian Medical Degrees Act, 1916
1917	III	The Motor Spirit (Duties) Act, 1917.
1918	XXII	The Post Office Cash Certificates Act, 1917
1919	XII	The Bronze Coin (Legal Tender) Act, l919
1920	V	The Poisons Act, 1919.
1920	XIV	The Provincial Insolvency Act, 1920.
1920	XV	The Charitable and Religious Trusts Act, 1920
1920	XLVII	The Indian Red Cross Society Act, 1920.
1920	XLVIII	The Imperial Bank of India Act, 1920.
1920	XLIX	The Indian Territorial Force Act, 1920.
1921	XVIII	The Auxiliary Force Act, 1920
1922	XVIII	The Maintenance Orders Enforcement Act. 1921.
1922	XI	The Indian Income-tax Act, 1922.
1922	XII	The Indian Finance Act, 1922.
1922	[a]	The Indian States (Protection against Disaffection) Act, 1922.
1923	IV	The Indian Mines Act, 1923.
1923	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 Duty) Act, 1930.
1930	XIX	The Indian Companies (Amendment) Act, 1930.
1930	XXIV	The Indian Lac Cess Act, 1930.
1931	[a]	The Indian Finance Act, 1931.
1931	[a]	The Indian Finance (Supplementary and Extending) Act, 1931.
1931	XV	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.
1932	II	The Children (Pledging of Labor) Act, 1933.
1993	XVII	The Indian Finance Act, 1933.
1933	VII	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.
1934	XVI	The Matches (Excise Duty) Act, 1934.
1934	XX	The Indian Carriage by Air Act, 1934.
1934	XXII	The Indian Aircraft Act, 1934.
1934	XXIII	The Mechanical Lighters (Excise Duty) Act, 1934.
1934	XXV	The Factories Act, 1934.
1934	XXXI	The Iron and Steel Duties Act, 1934.
1934	XXXII	The Indian Tariff Act, 1934.
1934	XXXII	The Indian Finance Act 1935.
1935	[a]	The Indian Finance Act, 1935.
1936	[a]	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	[a]	The Indian Finance Act, 1937.

THE SECOND SCHEDULE

[See sections 2 (1) and 3]

Acts partially Extended to Berar

Year	Number	Short title
1843	V	The Indian Slavery Act, 1843.
1850	XII	The Public Accountants’ 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.
1881	XI	The Pensions Act, 1871.
1882	IV	The Municipal Taxation Act, 1881.
1885	XII	The Transfer of Property Act, 1882.
1886	VI	The Indian Telegraph Act, 1885.
1886	XI	The Births, Deaths and Marriages Registration
1890	XV	The Indian Tramways Act, 1886.
1890	VI	The Revenue Recovery Act, 1890.
1890	IX	The Charitable Endowments Act, 1890.
1895	XV	The Indian Railways Act, 1890.
1897	III	The Crown Grants Act, 1895.
1897	X	The Epidemic Diseases Act, 1897.
1897	XIV	The General Clauses Act, 1897.
1898	VI	The Indian Short Titles Act, 1897.
1899	II	The Indian Post Office Act, 1898.
1899	IV	The Indian Stamp Act, 1899.
1913	VI	The Government Buildings Act, 1899.
1914	IX	The Indian Companies Act, 1913.
1916	XV	The Local Authorities Loans Act, 1914.
1917	V	The Hindu Disposition of Property Act, 1916.
1918	II	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, 1828
1929	II	The Hindu Law of Inheritance (Amendment) Act, 1929.
1930	XXX	The Hindu Gains of Learning Act, 1930.
1936	V	The Decrees and Orders Validating Act, 1936.

THE THIRD SCHEDULE

[See Section 2 (2)]

Acts Amended (Amendments were made in C.P.C. 1908 and Lim. Act 1908)

[Not printed]

THE FOURTH SCHEDULE

(See section 4)

Acts which have ceased to have effect and are repeaeed in Berar

Year	Number	Short title
1841	XIX	The Succession (Property Protection) Act, 1841.
1847	XX	The Indian Copyright Act, 1847.
1860	IX	The Employers and Workmen (Disputes) Act, 1860.
1865	X	The Indian Succession Act, 1865.
1865	XXI	The Parsi Intestate Succession Act, 1865.
1881	V	The Probate and Administration Act, 1881.
1861	VI	The District Delegates Act, 1881.
1889	VII	The Succession Certificate 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 Duty 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	[a]	The Criminal Law Amendment Act, 1935.
1936	I	The Italian Loans and Credits Prohibition Act, 1936.

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