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The Berar Laws Act, 1941

The Berar Laws Act, 1941

The Berar Laws Act, 1941

[ACT NO. 4 OF 1941]

[17th March, 1941.]

WHEREAS by orders made under the Indian (Foreign Jurisdiction) Order in Council, 1902, the provisions of certain Acts 1 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” omitted by the A.O.1950.

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, 1 notwithstanding anything contained in clause (7) of section 3 of the General Clauses Act, 1897, any reference to the States shall be construed 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.

1. Certain words omitted by the A.O.1950

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of doubt it is hereby declared that the Acts specified in the Forty Schedule have ceased to have effect and are repealed in Berar.

5. THE FIRST 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.

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

XXI

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 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.

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

XII

The Indian Income-tax Act, 1922.

1922

….

The Indian Finance Act, 1922.

1922

IV

The Indian States (Protection against Disaffection)

1923

V

The Indian Mines Act, 1923.

1923

VII

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

XXl

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, 193.

1930

III

The Indian Sale of Goods Act, 1930.

1930

XVIII

The Silver (Excise Duty) Act, 1930, Act, 1930.

1930

XIX

The Indian Companies (Amendment) Act, 1930.

1930

XXIV

The Indian Lac Cess Act, 1930.

1931

….

The Indian Finance Act, 1931.

1931

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 Labour) 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

XXXII

The Indian Tariff Act, 1934.

1934

XXXII

The Indian Finance Act 1935.

1935

The Indian Finance Act, 1935.

1936

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)

1937

VI

The Arbitration (Protocol and Convention) Act,

1937

The Indian Finance Act, 1937.

6. THE SECOND SCHEDULE

THE SECOND SCHEDULE

[See sections 2 (1) and 3]

ACTS PARTIALLY EXTENDED TO BERAR

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.

7. THE THIRD SCHEDULE

THE THIRD SCHEDULE

[See Section 2 (2)]

ACTS AMENDED

Name of Act

Amendments

The Code of Civil Procedure, 1908 (Act V of 1908).

In section 7 and in rule 1 of Order L in the First Schedule,-

 

(a) After the figures ” 1887 ” the words and figures” or under the Berar Small Cause Courts Law, 1905″ shall be inserted, and

 

(b) For the words ” under that Act ” the words “under the said Act or Law” shall be substituted.

The Indian Limitation Act, 1908 (IX of 1908).

In Article 161 of the First Schedule word “Provincial” in both places where it occurs, shall be omitted, and after the words “Small Causes” where they occur for the first time, the brackets and words ” (other than a Presidency Small Cause Court)” shall be inserted.

8. THE FOURTH SCHEDULE

THE FOURTH SCHEDULE

(See section 4)

ACTS WHICH HAVE CEASED TO HAVE EFFECT AND ARE REPEAEED IN BERAR

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

……

The Criminal Law Amendment Act, 1935.

1936

I

The Italian Loans and Credits Prohibition Act, 1936.

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