¡Disfruta de SmartLeges Premium!

Suscríbete a SmartLeges Premium y disfruta de estas ventajas:

  • Consulta tantas leyes como necesites, gratuitas o de pago, sin coste adicional
  • Consulta casi cualquier ley en varios países gracias al nuevo buscador avanzado. ¡Toda la legislación a tu alcance!
  • Disfruta de todas las características de SmartLeges sin restricciones
Ver los planes

Una aplicación imprescindible y gratuita para profesionales y estudiantes del sector jurídico

Leer más
 

¡Regístrate gratis!

¿Quieres consultar esta y otras leyes completas?

Regístrate gratis y podrás consultar las leyes en tu móvil o tablet, además de subrayar textos, añadir notas...

¡Regístrate gratis!

Compartir esta ley Otras leyes de India
Email Facebook Twitter Google Linkedin Tumblr

BENGAL, BIHAR AND ORISSA AND ASSAM LAWS ACT

Ministry of Law and Justice

Act nº 7 of 1912


  • Part IV. Constitution
  • Schedules
  • Act nº 7 of 1912

Preamble

THE BENGAL, BIHAR AND ORISSA AND ASSAM LAWS ACT, 1912

[Act, No.7 of 1912]

[26th March, 1912]

PREAMBLE

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 {See the Gazette of India, Extraordinary, of the 22nd March, 1912.} 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 {See the Gazette of India, Extraordinary, of the 22nd March, 1912.} 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 Bto be, for the purposes of the Indian Councils Act, 1861 (24 & 25 Vict., C.67.), {Rep.and re-enacted by the Government of India Act, 1915.} 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 {See the Gazette of India, Extraordinary, of the 22nd March, 1912.} 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;

Part IV
Constitution

It is hereby enacted as follows:

Section 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.

Section 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.

Section 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 {Subs.by the A.O.1950 for "the States".} [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 Bor 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.

{The proviso to s. 3 rep.by Act 38 of 1920, section 2 and Sch I.}* * * * * *

Section 4. Repealed

[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), section 7 and Schedule I.

Section 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 Bor 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.

(Schedule A. Schedule B.)

Section 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 Bor Schedule C; and every such proceeding shall be continued as if this Act had not been passed.

Section 7 and 8. Repealed

[Amendment of Acts.Repeal.] Rep.by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.

{Ins.by the A.O.1937.}

Section 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 {Substituted by the A.O.1950 for "Part III of the Government of India Act, 1935".} [the Constitution], be construed as references to those laws as adapted and modified under {Substituted., ibid., for "section 293 of that Act".} [Article 372 Act1[or 372 A] of the Constitution].]

1. Inserted by 2 .A.L.O., 1956.


Schedules

Presidency of Fort William in Bengal

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.

State of Bihar and Orissa

SCHEDULE B

THE STATE OF BIHAR AND ORISSA

The districts of Bhagalpur, Monghyr, Purnea and the Sonthal Parganas, in the Bhagalpur Division;

PART IV.

CONSTITUTION

(Schedule B. Schedule C. Schedule D.)

SCHEDULE Bconcld.

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).}

State of Assam

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

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

1

2

1.The Subs.by the .O.1937 for "L.G."} [Local or State Government] of Bengal.

The {Subs., ibid., for "G.in C."} [State Government]

2.The {Subs.by the O.1937 for "L.G."} [Local or State Government] of Eastern Bengal and Assam.

{The words "Fort William in" rep., ibid}. * * * * Bengal.

3.The Board of Revenue for Eastern Bengal and Assam.relating to the Chief Controlling Revenue authority and Chief Revenue-authority, rep.,ibid.See now definition in the General Clauses Act, 1897 (10 of 1897), s.3 (10).}* * * * *

The Board of Revenue for Bengal {Items 4, 5, 11 and 12

(Schedule D.)

SCHEDULE Dcontd.

References

Constructions

1

2

6. All officers and Official bodies not mentioned in the foregoing clauses 2 to 5 (except the Treasurer of Charitable Endowments) whose authority extended, immediately be- fore the commencement of this Act, over the Province of Eastern Bengal the territory mentioned in Part I of Schedule A.

(a) The respective officers and Official bodies who immediately before the commencement of this Act exercised similar func- tions in the State of Bengal; or (b) such other officers or Official bodies, respectively, as the {Subs.by the AO1937 for "G.in c."} [State Government] of {The words "Fort William in" Rep., ibid.}* * * Bengal may, By notification in the Official Gazette, direct.

7.The local Official Gazette (English or Vernacular, as the case may be) of the Government of Eastern Bengal and Assam. Bengal.

The Official Gazette (English or Vernacular, as the case may be) of the Government of

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

References

Constructions

1

2

8. The {Subs., ibid., for "L.G."} [Local or State Government] of Bengal.

The State Government of Bihar and Orissa.

9. The {Subs., ibid., for L.G."} [Local or State Government] of the Central Provinces.

The State Government of Bihar and Orissa.

10. The Board of Revenue for Bengal.{Items 4, 5, 11 and 12 relating to the Chief Controlling Revenue-authority and Chief Revenue-authority, rep.,ibid See flow definition in the General Clauses Act, 1897 (10 of 1897), s.3 (10).}* * * *

13.The Court of Wards of the Central

The Board of Revenue for Bihar and Orissa.

14.The Superintendent of Government

Wards in the Central Provinces.

15.The Judicial Commissioner of the, Central Provinces.A.O.1937 for "at Fort William in Bengal"}.

The High Court of Judicature {Subs.by the [in Calcutta]

(Schedule D.)

SCHEDULE D contd.

References

Constructions

1

2

16.All officers and Official bodies not mentioned in the foregoing clauses 8 to 15 (except the Treasurer of Charitable Endowments) whose authority extended, immediately before the commencement of this Act, over the Province of Bengal generally, inclusive of the territory mentioned in Schedule B.

Such officers or Official bodies, respec- tively, as the State Government may, by notification in the Official Gazette, direct.

17.The local Official Gazette (English or Vernacular as the case may be of the Government of Bengal or the Chief Commissionership of The Central Provinces.

The Official Gazette English or Vernacular, as the case may be) of the Government of Bihar and Orissa.

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

Reference

Constructions

1

2

18.The{Subs.by the AO1937 for "L.G."} [Local or State Government] of Bengal.

19.The {Subs.by the AO1937 for "L.G."} [Local or Statement Government ] of Eastern Bengal and Assam.

The {Subs.by the AO1937 for "Chief Commissioner}.

20.The Board of Revenue for Eastern Bengal and Assam.

Items 22 and 23 relating to the Chief Controlling Revenue-authority and Chief Revenue-authority rep., ibid.See now Definition in the General Clauses Act, 1897 (10 of 1897), s.3 (10).

Such officers or official bodies, respectively as the {Subs.by the AO1937 for "Chief Commissioner".} [State Government] of Assam may, by Notification in the Official Gazette, direct.

24.All officers and official bodies not mentioned in the foregoing clauses 18 to 23 (except the Treasurer of Charitable Endowments) whose Authority extended, immediately Before the commencement of this Act, over the Province of Eastern Bengal and Assam generally, in- Clusive of the territory mentioned In Schedule C.

25.The Chief Commissionership of

The territory mentioned in Schedule C.

26.The local official Gazette (English or Vernacular, as the case may be) of the Government of Bengal or the Government of Eastern Bengal and Assam.

The Official Gazette (English or Vernacular, as the case may be) of the Chief Commissionership of Assam.

SCHEDULE E.- Rep.by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.