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DELHI LAWS ACT

Ministry of Law and Justice

Act nº 13 of 1912


  • Schedules
  • Act nº 13 of 1912

Preamble

THE DELHI LAWS ACT, 1912

[Act, No. 13 of 1912]

[18th September, 1912]

PREAMBLE

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 published 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 to 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 1. 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 2. Saving of territorial application of enactments

The Proclamation referred to in the preamble shall not be deemed to 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 time being under any particular administration.

Section 3. Construction of certain enactments in force in the territories mentioned in Schedule A

All enactments made by any authority in1[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 to the authorities, or gazette mentioned in column I of Schedule Bwere references to the authorities, or gazette respectively mentioned or referred to opposite thereto in column 2 of that Schedule2[* * * * *]

1. Substituted for the words "the Provinces" by the A.L.O., 1950.

2. Proviso to Section 3 was repealed by A.O., 1937.


Section 4. 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 to adapt it to the matter before the Court, and

(2) the1[State] Government may, subject to the other provisions of this Act, by notification in the1[Official Gazette] 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.

1. Substituted for the words "Provincial' and "Gazette of India" by A.L.O., 1950 and A.O., 1937, respectively.


Section 5. Vesting of powers of separate officers in single officer

(1) A notification issued under section 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 6. Fending 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 the1[State] of Delhi as the1[State] Government may, by notification in the2[Official Gazette,) direct.

1. Substituted for the words 'Province' by A.L.O., 1950.

2. Substituted for the words "Gazette of India' by A.L.O., 1937.


Section 7. 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), Section 4.]

Schedules

Schedule A

SCHEDULE A

(See Section 3)

THE1[STATE] OF DELIH2

That portion of the District of Delhi comprising the Tahsil of Delhi and the police-station of Mahrauli.

1. Substituted for the word 'Province' by A.L.O.. 1950.

2. Sixty-five villages were subsequently included in the State of Delhi.


Schedule B

SCHEDULE B

(See section 3)

References

Constructions

1

2

1[*******]



2.The2[State] Government of the Punjab.



1[*******]



5. The Chief Customs Authority.



6. The Financial Commissioner



7. The Commissioner of Revenue

The2[State Government] of Delhi.

8. The Commissioner of the Division



9.The Commissioner



10.The Chief Secretary to Government



11. A Secretary to Government or to the2[State Government.]

12. All officers and official bodies not mentioned in the foregoing clause except the Treasurer of Charitable Endowments whose authority extended immediately before the commencement of this Act over the territory mentioned in Schedule A.3[******]

Such officials or official bodies respectively as the2[State Government] may by notification in the4[Official Gazette], direct.

(1) "Commissioner" in Section 232, Punjab

Municipal Act includes "Chief Commissioner" of Delhi. AIR 1965 SC 1275 (1278).

1. Items 1.3, and 4 were repealed by A.O.., 1937.

2. Substituted for the words 'Provincial' by A.L.O., 1950.

3. Item 13 was repealed by A.O., 1937.

4. Substituted for the words 'Gazette of India', by A.O., 1937.