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BERAR LAWS ACT

Ministry of Law and Justice

Act nº 4 of 1941


  • Schedules
  • Act nº 4 of 1941

Preamble

THE BERAR LAWS ACT, 1941

[Act, No. 4 of 1941]

[17th March, 1941]

PREAMBLE

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 Acts1[* *] 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:-

1 . The words "in force in the Provinces" were omitted by A. L. O., 1950.


Section 1. Short title and commencement

QQZZ

( 1) This Act may be called The Berar Laws Act, 1941.

(2) It shall come into force on such1date as the Central Government may, by notification in the Official Gazette, appoint.

1. The 1st August 1941.

(2) It shall come . into force on such1date as the Central Government may, by notification in the Official Gazette, appoint.

1. The 1st August 1941.


Section 3. 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 extended1[* * * *] notwithstanding anything contained in clause (7) of section 3 of the General Clauses Act, 1897, any reference to2[the States] shall be construed as a reference to2[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.

1. Words beginning with "any reference by" and ending with the words "the Nizam of Hyderabad" omitted by A. L. O. 1950.

2. Substituted for the words "British India" by A. C. A. O. 1948.


Section 3. 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 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.

Section 4. Removal of doubt

For the removal of doubt it is hereby declared that the Acts specified in the Fourth Schedule have ceased to have effect and are repealed in Berar.

Schedules

Schedule

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.

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 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.

1873

V

The Government Savings Banks Act, 1873.

1873

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 Sea Customs Act, 1878.

1878

XI

The Indian Arms Act, 1878.

1879

XVIII

The Legal Practitioners Act, 1879.

1881

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 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 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

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

VII

The Indian Army Act, 191 1.

1912

IV

The Indian Lunacy Act, 1912.

1913

II

The Official Trustees Act, 1913.

1913

III

The Administrator-General's Act, 1913.

1914

III

The Indian Copyright Act, 1914.

1916

VII

The Indian Medical Degrees Act, 1916.

1917

II

The Motor Spirit (Duties) Act, 1917.

1917

XVIII

The Post Office Cash Certificates Act, 1917.

1918

XXII

The Bronze Coin (Legal Tender) Act, 1918.

1919

XII

The Poisons Act, 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

[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 Duly) 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

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.

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

[a]

The Indian Finance Act, 1935.

1936

[a]

The Indian Finance Act, 1936.

1936

III

The Pars: 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.

Schedule

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 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.

1930

XXX

The Hindu Gains of Learning Act, 1930.

1936

V

The Decrees and Orders Validating Act, 1936.

Shcedule

THE FOURTH SCHEDULE

( See section 4) Acts which have ceased to have effect and are repealed 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.

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 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.