Bengal , Bihar And Orissa And Assam Laws Act, 1912

Bengal , Bihar And Orissa And Assam Laws Act, 1912

Bengal , Bihar And Orissa And Assam Laws Act, 1912

[Act No. 7 of 1912]

[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 Governor and an Executive Council have been appointed for the Presidency of Fort William in Bengal. AND WHEREAS by proclmation2published under notification No. 290. dated the twenty-second day of March. 1912, the Governor-General 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 Proctamation2published 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. 18613. 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 0risa and further to appoint a Lieutenant-Governor of that Province:

AND WHEREAS by Proclamalion2published 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 Slate 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 for this same into a aired Comminioner ship. to be called the Chief Commissioner ship of Assam, and further to appoint a Chief Commissioner therefore:

AND WHEREAS it is expedient to make certain provisions regarding the application of (be HIM in force in the territories affected by the said Proclamations: It is hereby enacted as follows :-

2. Saving of territorial application of 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.

Allen act men is made by any authority in 1[ India], and all notifications, orders, schemes, rules, forms and bye-laws issued. made or prescribed under such enactments, which, immediately before the commencement of this Act. 8were 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 Were reference to the authorities. territory or Gazettes respectively mentioned or referred to opposite thereto in column 2 of that Schedule.

. 2[ * * * * * * *]

1. Substituted for the words “the States” by A. L. 0. 1950.

2. The proviso to S. 3 was repealed by the Devolution Act. 1920 (38 of 1920). S. 2 & Sch. 1.

4. Constitution of Board of Revenue in Bihar and Orissa.

[Repealed by the Bihar and Orissa Board of Revenue Act 1911(B. and O. Act 1 of 1913). S. 7 and Sch. 1].

5. Powers of Courts and State Governments for facilitating application of enactments.

For the purpose of facilitating the application to the territory, or any part thereof, mentioned in Schedule A. Schedule B or Schedule C of any enactment passed before the commencement of this Act. or of 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 bye-law with such alterations, not affecting the substance, as may be necessary or proper to adopt it to the matter before the Court: and

(b) the Slate Government may. by notification in the Official Garrett. direct by what officer any authority or power shall be exercisable: and any such notification shall live effect as if enacted in this Act.

6. Pending proceeding.

Nothing in this Act shall affect any proceeding which, at the commence thereof, spending 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. Amendment of Acts. Repeal.

[Repealed by the Repeating Act 1938(1 of 1938) S. 2 and Sch]

8. Amendment of Acts. Repeal.

[Repealed by the Repeating Act 1938(1 of 1938) S. 2 and Sch]

9. Application lo adaptations and-modification made under Art. 372 or 372A of the Constitution.

References in this Act. by whatever form of words to Indian laws in force immediately before the commencement of this Act shall, after the commencement of 1[the Constitution], be construed as references to those laws as adapted and modified under 2[Article 372 3[or 372A] of the Constitution].]

1. Substituted for the words “Part III of the Government of India Act, 1935 by A. L. 0. 1950.

2. Substituted torn the words “section 29.1 of that Act”, by A. L. 0. 1950.

3. Inserted by 2 A. L. 0. 1956.

10. SCHEDULE 1

THE PRESIDENCY OF FORT WILLIAM IN BENGAL

(See Sections 3 and 6)

PART 1

The Chittagong Division, comprising the district of Chittagong Hill-tracts, Noakhli and Tipperrs; (Now in Bangla Desh).

the Dacca Division, comprising the districts of Bakarganj, Dacca, Faridpur and Mymensingh: (Now in Bangla Desh).

the Rajshahi Division, comprising the districts of Bogra, Dinajpur, Jalpaiguri, Malda, Pabna, Rajshahi and Rangpur.

PART 2

The Burdwan Division, comprising the districts of Bankura, Birbhum, Bardwan, Hoogly, Howrah and Midnapur;

the Presidency Division, comprising the town of Calcutta and the districts of Jessore. Khulna Murshidabad, Nadiaand the 24-parganas; and the district of Darjeeling.

11. SCHEDULE 2

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, Muaffarpur and Saran:

the Chota Nagpur Division, comprising the districts of Hazaribagh, Manbhum, Palamau, Ranchi and Singhbhum:and

the Orissa Division, comprising the districts of Angul, Balasore, Cuttack, Puri and Sambatpur.

12. SCHEDULE 3

THE STATE OF ASSAM

The Assam Valley Districts Division, comprising the districts of Darrag, Garo Hills, Goalpara, Kamrup, Lakhimpur,Nowgong and Sibsagar;

and the Sura Valley and Hill Districts Division, comprising the districts of Cachar, Khasi and Jaintia Hills, LushaiHills Naga Hills and Sylhet.

13. SCHEDULE 4

(See Section 3)

PART 1

Consideration of enactments. etc. in force in the territory mentioned in Schedule A (the Presidency of Fort William in Bengal).

References

Constructions

1

2

1. The1[Local or State Government] of Bengal.

The2[State Government] of [* * *] Bengal.

2. The1[Locate or State Government] of Eastern Bengal and Assam.

 

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

The Board of Revenue for Bengal

4[* * * * .]

 

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 before the commencement of this Act, over the Province of Eastern Bengal and Assam generally, inclusive of 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 fun sections in the State of Bengal; or

(b) such other officers or official bodies, respect- timely, as the2[State Government] or3[* *] 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.

The Official Gazette (Ebglish or Vernacular, as the case may be) of the Government of Bengal.

1.Subs. for the words “Local Government” by A.O., 1937.

2.Subs. for the words “Governor in Council”, A.O. 1937.

3.The words ” Fort William ” were omitted, A.O. 1937.

4.Items 4 and 5 relating to the Chief Controlling Revenue authority and Chief Revenue authority, were repealed, A.O. 1937.

PART 2

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

References

References

Constructions

1

2

8. The1[Local or State Government] of Bengal,

The State Government of Bihar and Orissa.

9. The1[Local or State Government] of the Central Provinces

10. The Board of Revenue for Bengal.

2[* * * * *]

13. The Court of Wards of the Central Provinces.

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.

The High Court of Judicature[in Calcutta).

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

Such officers or official bodies, respectively, 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 Comissionship of the Central Provinces.

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

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

References

Constructions

1

2

18. The1[Local or State Government] of Bengal.

 

19. The1[Local or State Government] of Eastern Bengal and Assam

The4[State Government] of Assam.

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

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

2[* * * * *]

24. All officers and offical bodies not mentioned in the foregoing clauses 18 to 28 (Except the Treasurer of Charitable (Endowments) whose authority extended, immediately before the commencement of this Act over the procince of Eastern Bengal and Assam generally, inclusive of the terrirtory mentioned in Schedule C.

Such officers or official bodies, respectively as4[State Government] of Assam may, by notification in the Official Gazette, direct.

25. The Chief Commissionership of Assam.

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.

1.Subs. for the words “Local Government” by A.O., 1937.

2.Items 11,12,22 and 23 relating to the Chief Controlling Revenue Authority and Chief Revenue-authority were repealed, by A.O. 1937.

3.Subs for the words “at Fort William in Bengal “, by A.O. 1937.

4.Subs for the words “Chief Commissioner”, by A.O. 1937.

Misc – Laws and Bare Acts of India

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