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INDIAN BARE ACTS

BENGAL, BIHAR AND ORISSA AND ASSAM LAWS ACT 1912

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BENGAL, BIHAR AND ORISSA AND ASSAM LAWS ACT 1912

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

ACT NO. 7 OF 1912 1*

[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 a Governor and an Executive Council have been appointed for the Presidency of Fort William in Bengal; AND WHEREAS, by Proclamation 2* 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 2* 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 B to be, for the purposes of the Indian Councils Act, 1861, 3* (24 & 25 Vict., c. 67.) 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 2* 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; ——————————————————————— 1. Notwithstanding anything contained in this Act, the territories specified in the Schedule to the Malkharoda and Gaontia Villages Laws Act, 1923 (22 of 1923), shall not be deemed to be included within the Province of Bihar and Orissa, see s. 2 of the latter Act. 2. See the Gazette of India, Extraordinary, of the 22nd March, 1912. 3. Rep. and re-enacted by the Government of India Act, 1915. 84 It is hereby enacted as follows:–

Short title and commencement.

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.

Saving of territorial application of enactments. 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 territotries for the time being under a particular administration.

Construction of certain references in enactments in force in territorymentioned in Schedules A, B and C. 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 1*[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, 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 D were references to the authorities, territory or Gazettes respectively mentioned or referred to opposite thereto in column 2 of that Schedule. 2* * * * *

Constitution of Board of Revenue in Bihar and Orissa. 4. [Constitution of Board of Revenue in Bihar and Orissa.] Rep. by the Bihar and Orissa Board of Revenue Act, 1913 (B, and O. Act I of 1913), s. 7 and Sch. I.

Powers of Courts and State Governments for facilitating application ofenactments. 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 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. ——————————————————————— 1. Subs. by the A. O. 1950 for “the States”. 2. The proviso to s. 3 rep. by Act 38 of 1920, s. 2 and Sch. I. 85

Pending proceedings. 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 B or Schedule C; and every such proceeding shall be continued as if this Act had not been passed. 7 an Amendments of Acts. Repeal. 7 and 8. [Amendments of Acts. Repeal.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.

Application to adaptations and modifications made under Article 372 or372A of the Constitution. 1*[9. Application to adaptations and modifications made under Article 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 2*[the Constitution], be construed as references to those laws as adapted and modified under 3*[Article 372 4*[or 372A] of the Constitution].] SCHE THE 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 Bakarganj, Dacca, Faridpur 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 Darjeeling. SCHE THE 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; ——————————————————————— 1. Ins. by the A. O. 1937. 2. Subs. by the A. O. 1950 for “Part III of the Government of India Act, 1935”. 3. Subs., ibid., for “section 293 of that Act”. 4. Ins. by the Adaptation of Laws (No. 2) Order, 1956. 86 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 Singhbum; and the Orissa Division, comprising the districts of Angul, Balasore, Cuttack, Puri and Sambalpur. 1* SCHE THE STATE OF ASSAM SCHEDULE C THE STATE OF ASSAM The Assam Valley Districts Division, comprising the districts of Darrang, Garo Hills, Goalpara, Kamrup, Lakhimpur, 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. SCHE See section 3 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 2*[Local or State Government] of Bengal. The 3*[State Government] of 2. The 2*[Local or State Government] 4*** Bengal. of Eastern Bengal and Assam. 3. The Board of Revenue for Eastern The Board of Revenue for Bengal and Assam. Bengal. 5* * * * * ———————————————————————- 1. As regards the district of Sambalpur, see the Malkharoda and Gaontia Villages Laws Act, 1923 (22 of 1923). 2. Subs. by the A. O. 1937 for “L. G.” 3. Subs., ibid., for “G. G. in C.” 4. The words “Fort William in” rep., ibid. 5. Items 4, 5, 11 and 12 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). 87 6. All officers and official bodies (a) The respective officers not mentioned in the foregoing and official bodies who clauses 2 to 5 (except the Tr- immediately before the easurer of Charitable Endown- commencement of this Act ments) whose authority extended, exercised similar funct- immediately before the commen- ions in the State of Be- cement of this Act, over the ngal; or Province of Eastern Bengal and (b) such other officers or Assam generally, inclusive of official bodies, respec- the territory mentioned in Pa- tively, as the 1*[ State rt I of Schedule A. Government] of 2*** Bengal may, by notification in the Official Gazette, direct. 7. The local Official Gazette (Engl- The Official Gazette (Engli- ish or Vernacular, as the case sh or Vernacular, as the may be) of the Government of case may be) of the Gov- Eastern Bengal and Assam. rnment of Bengal. ——————————————————————— Part II.–Construction of enactments, etc., in force in the territory mentioned in Schedule B (the State of Bihar and Orissa.) ——————————————————————— 8. The 3*[Local or State Government] The State Government of of Bengal. Bihar and Orissa. 9. The 3*[Local or State Government] of the Central Provinces. 10. The Board of Revenue for Bengal. 4* * * * * 13. The Court of Wards of the Central The Board of Revenue for Provinces. Bihar and Orissa. 14. The Superintendent of Government Wards in the Central Provinces. 15. The Judicial Commissioner of the The High Court of Judicature Central Provinces. 5*[in Calcutta]. ——————————————————————— 1. Subs. by the A. O. 1937 for “G. in C.” 2. The words “Fort William in” rep., ibid. 3. Subs., ibid., for “L. G.” 4. Items 4, 5, 11 and 12 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). 5. Subs. by the A. O. 1937, for ” at Fort William in Bengal”. 88 16. All officers and official bodies Such officers or official not mentioned in the foregoing bodies, respectively, as clauses 8 to 15 (except the the State Government may, Treasurer of Charitable Endow- by notification in the ments) whose authority extended Official Gazette, direct. immediately before the commen- cement of this Act, over the Province of Bengal generally, inclusive of the territory mentioned in Schedule B. 17. The local official Gazette (Eng- The Official Gazette English lish or Vernacular, as the case or Vernacular, as the may be) of the Government of case may be) of the Gove- Bengal or the Chief Commission- rnment of Bihar and ership of the Central Provinces. Orissa. _____________________________________________________________________ Part III.–Construction of enactments, etc., in force in the territory mentioned in Schedule C (the State of Assam) _____________________________________________________________________ 18. The 1*[Local or State Government] of Bengal. 19. The 1*[Local or State Government] The 3*[State Government] of of Eastern Bengal and Assam. Assam. 20. The Board of Revenue for Bengal. 21. The Board of Revenue for Eastern Bengal and Assam. 2* * * * * 24. All officers and official bodies Such officers or official not mentioned in the foregoing bodies, respectively as clauses 18 to 23 (except the the 3*[State Government] Treasurer of Charitable Endow- of Assam may, by notifi- ments) whose authority extend- cation in the official ed, immediately before the Gazette, direct. commencement of this Act, over the Province of Eastern Bengal and Assam generally, inclusive of the territory mentioned in Schedule C. ——————————————————————— 1. Subs. by the A. O. 1937, for “L. G.” 2. 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). 3. Subs. by the A. O. 1937 for “Chief Commissioner”. 89 25. The Chief Commissionership of The territory mentioned in Assam. Schedule C. 26. The local official Gazette The Official Gazette (Engl- (English or Vernacular, as the ish or Vernacular, as the case may be) of the Government case may be) of the Chief of Bengal or the Government of Commissionership of Eastern Bengal and Assam. Assam. ——————————————————————— SCHE Rep. by the Repealing Act, 1938

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One thought on “BENGAL, BIHAR AND ORISSA AND ASSAM LAWS ACT 1912

  1. I constantly visit your weblog everyday to read new topics.

    Posted by Sac Hermes Birkin | October J, 2011, 5:16 pm

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