Local Laws | Comments (0)
Year : 1941
[ACT NO. 4 OF 1941.]
[17th March, 1941.]
An Act to extend certain Acts to Berar.
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:-
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1. The words "in force in the Provinces" omitted by the A. O. 1950.
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Section -1 Short title and commencement.
(1) This Act may be called the Berar Laws Act, 1941.
(2) It shall come into force on such 1*date as the central Government may, by notification in the Official Gazette, appoint.
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1. The 1st August, 1941, see Gazette of India, 1941, Pt. I, p.966
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Section -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 (10 of 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.
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1. Certain words omitted by the A. O. 1950.
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Section -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 (14 of 1923), shall cease to have effect:
Provided that all appointments delegation,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 commecement 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.
Section -4 Removal of doubt.
For the removal of doubt it is hereby declared that the Acts specified in the Fourth Schedule have ceased to have effect and are repealed in Berar.
THE FIRST SCHEDULE
[See section 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. |
| 1856 | 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, 1866. |
| 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. |
| 1873 | V | The Government Savings Banks Act, 1873. |
| 1873 | X | The Indian Oaths Act, 1873. |
| 1874 | IX | The European Vagrancy Act, 1874. |
| 1875 | IX | The Indian Majority Act, 1875. |
| 1875 | XVIII | The Indian Law Reports Act, 1875. |
| 1876 | IX | The Native Coinage Act, 1876. |
| 1877 | I | The Specific Relief Act, 1877. |
| 1878 | VIII | The Sea Customs Act, 1878. |
| 1878 | XI | The Indian Arms Act, 1878. |
| 1879 | XVIII | The Legal Practitioners Act, 1879. |
| 1881 | 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 Cruelty 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. |
| 1908 | XVI | The Indian Registration Act, 1908. |
| 1909 | IV | The Whipping Act, 1909. |
| 1910 | IX | The Indian Electricity Act, 1910. |
| 1911 | II | The Indian Patents and Designs Act, 1911. |
| 1911 | VIII | The Indian Army Act, 1911. |
| 1912 | IV | The Indian Lunacy Act, 1912. |
| 1913 | II | The Official Trustees Act, 1913. |
| 1913 | III | The Administrator Generals Act. 1913. |
| 1914 | III | The Indian Copyright Act, 1914. |
| 1916 | VII | The Indian Medical Degrees Act, 1916. |
| 1917 | II | The Motor Spirit (Duties) Act, 1917. |
| 1917 | XVIII | The Post Office Cash Certificates Act,1917. |
| 1918 | XXII | The Bronze Coin (Legal Tender) Act, 1918. |
| 1919 | XII | The Poisons Act, 1919. |
| 1920 | V | The Provincial Insolvency Act, 1920. |
| 1920 | XIV | The Charitable and Religious Trusts Act,1920. |
| 1920 | XV | The Indian Red Cross Society Act, 1920. |
| 1920 | XLVII | The Imperial Bank of India Act, 1920. |
| 1920 | XLVIII | The Indian Territorial Force Act, 1920. |
| 1920 | XLIX | The Auxiliary Force Act, 1920. |
| 1921 | XVIII | The Maintenance Orders Enforcement Act,1921. |
| 1922 | XI | The Indian Income-tax Act, 1922. |
| 1922 | XII | The Indian Fiance Act, 1922. |
| 1922 | .... | The Indian States(Protection against Disaffection)Act,1922. |
| 1923 | IV | The Indian Mines Act, 1923. |
| 1923 | V | The Indian Boilers Act,1923. |
| 1923 | VIII | The Workmens 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 | XXI | 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, 1930. |
| 1930 | III | The Indian Sale of Goods Act, 1930. |
| 1930 | XVIII | The Silver (Excise Duty) 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 | XVI | 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. |
| 1933 | II | The Children (Pledging of Labour) Act,1933. |
| 1933 | VII | The Indian Finance Act, 1933. |
| 1933 | XVII | 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. |
| 1934 | XXXII | The Indian Tariff Act, 1934. |
| 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)Act,1937. |
| 1937 | VI | The Arbitration (Protocol and Convention) Act, 1937. |
| 1937 | .... | The Indian Finance Act, 1937. |
ACTS PARTIALLY EXTENDED TO BERAR
| Year | Number | Short title |
| 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. |
| 1871 | XXIII | The Pensions Act, 1871. |
| 1881 | XI | The Municipal Taxation Act, 1881. |
| 1882 | IV | The Transfer of Property Act, 1882. |
| 1885 | XIII | The Indian Telegraph Act, 1885. |
| 1886 | VI | The Births, Deaths and Marriages Regisration Act,1886. |
| 1886 | XI | The Indian Tramways Act, 1886. |
| 1890 | I | The Revenue Recovery Act, 1890. |
| 1890 | VI | The Charitable Endowments Act, 1890. |
| 1890 | IX | The Indian Railways Act, 1890. |
| 1895 | XV | The Crown Grants Act, 1895. |
| 1897 | III | The Epidemic Diseases Act, 1897. |
| 1897 | X | The General Clauses Act, 1897. |
| 1897 | XIV | The Indian Short Titles Act, 1897. |
| 1898 | VI | The Indian Post Office Act, 1898. |
| 1899 | II | The Indian Stamp Act, 1899. |
| 1899 | IV | The Government Buildings Act, 1899. |
| 1913 | VII | The Indian Companies Act, 1913. |
| 1914 | IX | The Local Authorities Loans Act, 1914. |
| 1916 | XV | The Hindu Disposition of Property Act,1916. |
| 1917 | V | 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 Trnasport Act, 1923. |
| 1923 | XIX | The Indian Official Secrets Act, 1923. |
| 1924 | XIII | The Indian (Specified Instrument)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,1928 |
| 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. |
THE THIRD SCHEDULE
[See section 2 (2)]
ACTS AMENDED
The Code of Civil Procedure In section 7and in rule 1 of Order 1908 (Act V of 1908). 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, In Article 161 of the First Schedule 1908 (IX of 1908). le, the 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.
THE FOURTHS SCHEDULE
(See section 4)
ACTS WHICH HAVE CEASED TO HAVE EFFECT AND ARE REPEALED IN BERAR
| Year | Number | Short title |
| 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. |
| 1889 | VI | The District Delegates Act, 1881. |
| 1889 | VII | The Succession Certificate Act, 1889. |
| 1911 | XII | The Indian Factories Act, 1911. |
| 1912 | VI | The Provident Insurance Societies Act,1912. |
| 1912 | VII | 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. |
