Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com BERAR LAWS ACT, 1941 4 of 1941 [17th March, 1941] CONTENTS 1. Short title and commencement 2. Extension of certain Acts to Berar 3. Cessor of application of certain Acts to Berar 4. Removal of doubt SCHEDULE 1 :- Acts Extended to Berar SCHEDULE 2 :- Acts partially Extended to Berar SCHEDULE 3 :- Acts Amended (Amendments were made in C.P.C. 1908 and Lim. Act 1908) [Not printed] SCHEDULE 4 :- Acts which have ceased to have effect and are repealed in Berar BERAR LAWS ACT, 1941 4 of 1941 [17th March, 1941] "Though the provisions of many Central Acts are applicable to Berar. this result does not flow from the British Indian Act itself being proprio vigore operative in Berar but is achieved by the application to Bearar by order made under the Indian (Foreign Jurisdiction) Order in Council. 1903, of each such Act often with certain modifications of the form in which the Act is in force in British India. Certain administralive inconveniences result from this. The Act as in force in British India is distinct from the Act as in force in Berar. the former being an enactment applying proprio vigore to British India but not to Berar, the latter consisting of the provisions of the British Indian Act made applicable to Berar by order under the Foreign Jurisdiction Order but not applicable to British India, Notifications and statutory Rules issued under identical provisions, operative both in British India and in Berar. have accordingly to be issued separately for British India and for Berar. and a similar dual process must attend any subsequent amendment of such notifications and rules. The repeal in British India of an Act made applicable to Berar does not automatically make the Act inoperative in Berar. 2. Since the commencement of Government of India Act, 1935. on the 1st April 1937 Berar and the Central Provinces have been deemed to be one Governor's Province and an Act passed after that date and expressed to extend to the whole of British India does extend proprio vigore to Berar. 1. The primary object of the present Bill is to assimilate the position of Central Acts passed belore the 1st day 0. April. 1937. to that of those passed after that date and automatically in force in Berar. that is to say. by means of one comprehensive enactment to extend to and make operative proprio vigore in Berar Central Acts passed before the commencement of Government of India Act, 1935. while simultaneously nullifying the orders under the Foreign Jurisdiction Order in Council by virtue of which those Acts are operative in Berar. It is possible, now that the legislative comptence of the Central Legislature Legislature is confined to matters enumerated in List I and List III of the Seventh Schedule to Government of India Act, 1935 to achieve the result aimed at only in Part by legislation in the Central legislature. So tar as the Central Legislature is incompetent to achieve the result completely. because the subjecl-matter of the Act to be extended is included in L ist II. it is anticipated that this Central legislation will he supplemented bv Provincial legislation.and that the Central Act and the Provincial Act will come into operation simultaneously, each thus completing what the other left incomplete. Accordingly the Acts to be extended to Berar are grouped in two separate Schedules. Schedules I and II. according as their suobject-matter is relatable solely to List land List III or pnly partly to those Lists and partly to List II. 4. In addition to Central Act- the provisions ol which are already applicable to Berar by virtue of orders under the Foreign Jurisdiction Order in Council. Schedules I and II also contain a few Acts which it seems advisable to take the opportunity afforded by the Bill to extend to Berar. 5. One Act Cotton Cess Act, 1923 which was made operative proprio vigore in Berar by the Government of India (Adaptation of Indian Laws) Order. 1937. is a lso still operative by virtue ot an order under the Foreign Jurisdiction Order in Council. This Act has received special treatment in Cl. 3 ot the present Bill. 6. Two Acts Code of Civil Procedure, 1908 and Limitation Act 1908 require small modifications when operative in Berar owing to the fact that a special law .the Berar Small Cause Courts Law. 1905. takes the place of the Provincial Small Cause Courts Act, 1887 in Berar. These modifications have been effected in the Third Schedule to the Bill. The Fourth Schedule contains a list of Acts in regard to which doubts might arise whether they are or not still operative in Berar. They were at one time applied to Berar. and on the repeal or expiry of the Acts in British India no overt action was taken to cancel the notifications by which their provisions were applied to Berar." 1. Short title and commencement :- (1) This Act maybe 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. [a] Words beginning with "any references by'' and ending with the words``the Nizam of Hyderabad'' omitted by A. I. 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 2[* * * *] notwithstanding anything contained in clause (7) of S.3 of the General Clauses Act. 1897. any reference to 3[the States] shall be construed as a reference to 4 [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. [a] Words beginning with "any references by'' and ending with the words``the Nizam of Hyderabad'' omitted by A. I. [b] Substituted for the words ``British India" by A. C. A. O. 1948. 3. Cessor 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, or so much of any Act specified in the Second Schedule as relates to matter. with respect to which the Central Legislature has power to make laws. and of 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 laid 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 Act.- specified in the Fourth Schedule have ceased to have effect and are repealed in Berar. SCHEDULE 1 Acts Extended to Berar SCHEDULE 2 Acts partially Extended to Berar Year Number Short title 1843 V The Indian Slavery Act, 1843. 1850 XII The Public Accountant's 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 Registration 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 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 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. 1928. 1929 II The Hindu Law of Inheritance (Amendment) Act. 1929, 1930 XXX The Hindu Gain-, of Learning Act. 1930. 1936 V The Decrees and Orders Validating Act. 1936. SCHEDULE 3 Acts Amended (Amendments were made in C.P.C. 1908 and Lim. Act 1908) [Not printed] SCHEDULE 4 Acts which have ceased to have effect and are repealed in Berar YeaR Number Short title 1841 XIX The Succession (Property Protections Act. 1841. 1847 XX The Indian Copyright Act. 1847. 1860 IX The Employers and Workmen (Disputes) Act. 1860. 1865 X The Indian Succession Act. 1965. 1865 XXI The Parsi intestate Succession Act. 1865. 1881 V The Probate and Administration Act. 1881. 1881 VI The District Delegates Act. 1881. 1889 VII The Succession Certificates 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 Dun 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 [<FNR>a</FNR>] The Criminal Law Amendment Act. 1935. 1936 I The Italian Loans and Credits Prohibition Act. 1936.