Bombay Merged States (Laws) Act, 1950
Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com BOMBAY MERGED STATES (LAWS) ACT, 1950 4 of 1950 [30th March 1950] CONTENTS 1. Short Title 2. Definitions 3. Extension of laws 4. Repeal of Corresponding laws 5. Certain laws to continue in force in certain States 6. Saving of Limitation 7. Repeal SCHEDULE 1 :- FIRST SCHEDULE SCHEDULE 2 :- SECOND SCHEDULE PART :- PART PART :- PART SCHEDULE 3 :- THIRD SCHEDULE SCHEDULE 4 :- FOURTH SCHEDULE SCHEDULE 5 :- FIFTH SCHEDULE BOMBAY MERGED STATES (LAWS) ACT, 1950 4 of 1950 [30th March 1950] An Act to extend certain Acts and Regulations to certain areas administered as parts of the State Bombay. WHEREAS by order under section 290A of the Government of India Act, 1935 (26 Geo. 5 Ch. 2) provision had been made for the ad-1 ministration of certain areas comprised in the merged States as if they formed part of the Province of Bombay; AND WHEREAS the Bombay Merged States (Laws) ordinance, 1949, (Bombay Ordinance, No. VI of 1949) has been promulgated under section 88 of the said Act extending certain Acts and Regulations to the said merged States; AND WHEREAS the territory of the State of Bombay now comprises the territories of the said merged States; AND WHEREAS it is expedient to extend certain Acts and Regulations to the said areas; It is hereby enacted as follows:- 1. Short Title :- This Act may be called the Bombay Merged States(Laws) Act, 1950. 2. Definitions :- In this Act, the expression "Merged States" has the same meaning as in the States' Merger (Governors, Provinces) Order, 1949. 3. Extension of laws :- (1) All the Acts and Regulations specified in the First Schedule, and so much of the Acts and Ordinance specified in the Second Schedule as relates to matters with respect to which the State Legislature has power to make laws are hereby extended to, and shall be in force in the merged States. (2) The Acts specified in the first column of the Third Schedule shall be amended in their application to the merged States specified in the second column in the manner set forth in the third column of that Schedule. (3) (a) Subject to the provisions of clause (b) and the proviso to sub- section(l) of section 4 , all appointments, delegations, notifications, orders, bye-laws, rules and regulations made, issued or prescribed under any Act, Ordinance or Regulation hereby extended to the merged States shall be deemed to extend to and be In force in the merged States. (b) Where any such appointment, delegation,notification, order, bye-law, rule or regulation has been made. Issued or prescribed in respect of any specified local area, it shall be deemed to extend to and to be in force also in any area of the merged States which has been included in such local area under any law for the time being in force. 4. Repeal of Corresponding laws :- (1) If Immediately before the commencement of this Act, there is in force in any of the merged States an Act, Ordinance, Regulation or any other law corresponding to an Act, Ordinance or Regulation specified in the First or Second Schedule, whether by virtue of an Order under the Extra-Provincial Jurisdiction Act 1947 (XLVII of 1947). applying that Act, Ordinance or Regulation or by virtue of any other legislative power, such law corresponding to the Act, or Regulation specified in the First Schedule or any part of such law corresponding to so much of an Act, or Ordinance specified in the Second Schedule as relates to matters with respect to which the S tate Legislature has power to make laws, shall upon the commencement of this Act cease to have effect in any such merged State: Provided that all appointments, delegations, notification, orders, bye-laws, rules and regulations which have been made. Issued or prescribed under such law or any part of such law exclusively in respect of any area of the merged States forming part of the Districts of Banas Kantha, Sabar Kantha, Mehsana, Amreli, Baroda and Kolhapur and in force immediately before the commencement of this Act in any such area shall be deemed to have been made issued or prescribed under the corresponding provision of the Act,0rdlnance or Regulation extended to the merged States under section 3 and shall continue in force until it is altered, repealed or amended by a competent authority. (2) Without prejudice to the generality of, and subject to the provisions contained in sub-section (1) the laws specified in the Forth Schedule shall cease to have effect and are hereby repealed. 5. Certain laws to continue in force in certain States :- Notwithstanding anything contained in the foregoing provisions the enactments specified in the first column of the Fifth Schedule shall continue in force in the merged States specified in the second column of that Schedule as if they are enacted by the State Legislature until they are altered, repealed or amended by the said legislature or any other competent authority. 6. Saving of Limitation :- Notwithstanding anything contained in this Act, if the period limitation prescribed by the Indian Limitation Act, 1908, (IX of 1908) for any suit, appeal or application is less than the period prescribed by any corresponding law in force in the merged States immediately before the commencement of an Order applying to any of the said States, the Indian Limitation Act, 1908, (IX of 1908) under the Extra-Provincial Jurisdiction Act, 1947, (XLVII of 1947) such suit, appeal or application may be instituted within two years next after the date of the commencement of such order or within the period prescribed by such corresponding law, whichever period first expires. 7. Repeal :- The Bombay Merged States(Laws) Ordinance 1949, (Bom. Ordinance No. VI of 1949) is hereby repealed and it is hereby declared that the provisions of Section 7 of the Bombay General Clauses Act, 1904 , (Bom. of 1 of 1904) shall apply to the repeal, as if that Ordinance were in enactment. SCHEDULE 1 FIRST SCHEDULE FIRST SCHEDULE The Bombay Regulation, 1827 (VIII of 1827). The Criminal Courts (Substitution of Letter for Summons) Regulation, 1827 (XIII of 1827). The Bombay Regulation 1827 (XXV of 1827). The Market and Fairs Act, 1862 (Bom. IV of 1862). The Bombay Steam-Vessels Act, 1864 (Bom. II of 1864). The Bombay High Court (Letters Patent) Act, 1866 (XXIII of 1866). The Bombay Village Police Act, 1867 (Bom. VIII of 1867). The Bombay Ferries and Inland Vessels Act, 1868 (Bom. II of 1868). The Bombay Civil Courts Act, 1869 (XIV of 1869). The Civil Jails Act, 1874 (Bom. II of 1874). The Tolls on Roads and Bridge Act, 1875 (Bom. III of 1875). The Bombay Revenue Jurisdiction Act, 1876 (X of 1876). The Bombay Land Revenue Code, 1879 (Bom..V of 1879). The Bombay Irrigation Act, 1879 (Bom. VII of 1879). The Bombay Landing and Welfare Fees Act, 1882 (Bom. VII of 1882). The Bombay Public Authorities Seals Act, 1883 (Bom. V of 1883). The Protection of Pilgrims Act, 1887 (Bom. II of 1887). The Bombay Prevention of Gambling Act, 1887 (Bom. IV of 1887). The Bombay Village Sanitation Act, 1889 (Bom. 1 of 1889). The Bombay District Police Act, 1890 (Bom. IV of 1890). The Bombay District Vaccination Act, 1892 (Bom. I of 1892). The Bombay District Municipal Act,. 1901 (Bom. Ill of 1901). The Bombay General Clause Act, 1904 (Bom.. I of 1904). The Bombay Court of Wards Act, 1905 (Bom. I of 1905). The Mamlatdars' Courts Act, 1906 (Bom. II of 1906). The Bombay Race Course Licensing Act, 1912 (Bom. Ill of 1912). The Bombay Medical Act, 1912 (Bom. VI of 1912). The Bombay Smoke Nuisances Act, 1912 (Bom. VII of 1912). The Bombay Town Planning Act, 1915 (Bom. I of 1915). The Bombay Public Conveyances Act, 1920 (Bom. VII of 1920). The Bombay Pleaders Act, 1920 (Bom. XVII of 1920). The Bombay Entertainments Duty Act, 1923 (Bom. 1 of 1923). The Bombay Local Boards Act, 1923 (Bom. VI of 1923). The Bombay Prevention of Prostitution Act, 1923 (Bom XI of 1923). The Bombay Prevention of Adulteration Act, 1925 (Bom V of 1925). The Bombay Betting Tax Act, 1925 (Bom. VII of 1925). The Bombay Co-operative Societies Act, 1925 (Bom. VII of 1925). The Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925). The Invalidation of Hindu Ceremonial Emoluments Act, 1926 (Bom. XI of 1926). The Bombay Non-Agriculturists' Loans Act, 1928 (Bom. III of 1928). The Bombay Maternity Benefit Act, 1929 (Bom. VII of 1929). The Bombay Borstal Schools Act, 1929 (Bom. XVIII of 1929). The Bombay Local Fund Audit Act, 1930 (Bom. XXV of 1930). The Bombay Weights and Measures Act, 1932 (Bom. XV of 1932). The Bombay (District) Tobacco Act, 1933 (Bom. II of 1933) The Bombay Village Panchayat Act, 1933 (Bom. VI of 1933) The Bombay Live-stock Improvement Act, 1933 (Bom. XXII of 1933). The Bombay Trade Disputes Conciliation Act, 1934 (Bom. IX of 1934). . The Bombay Devadasis Protection Act, 1934 (Bom. X of 1934) The Bombay Nurses, Midwives and Health Visitors Registration Act, 1935 ( Bom. VII of 1935) The Bombay Public Trusts Registration Act, 1935 (Bom. XXV of 1935). The Bombay Motor Vehicle Tax Act, -1935 (Bom. XXXIV of 1935). The Bombay Famine Relief Act, 1936 (Bom. XIX of 1936). The Bombay Opium Smoking Act, 1936 (Bom. XX of 1936). The Bombay Pars! Public Trusts Registration Act, 1936 (Bom. XXIII of 1936). The Bombay Provisional Collection of Taxes Act, 1938(Bom. IV of 1938). The Bombay Probation of Offenders Act, 1938 (Bom. XIX of 1938). The Bombay Medical Practitioners Act, 1938 (Bom. XXVI of 1938). The Bombay Lifts Act, 1939 (Bom. X of 1939). The Bombay Revenue Tribunal Act, 1939 (Bom. XII of 1939). The Bombay Agricultural Produce Markets Act, 1939 (Bom. XXII of 1939). The Bombay Fodder and Grains Control Act, 1939 (Bom. XXVI of 1939). The Bombay Land Improvement Scheme Act, 1942 (Bom. XXVIII of 1942). The Bombay Cotton Control Act, 1942 (Bom. XXX of 1942). The Bombay Increase of Stamp Duties Act, 1943 (Bom. XIV of 1943). The Bombay Increase of Court-Fees Act, 1943 (Bom. XV of 1943). The Bombay Growth of Food crops Act, 1944 (Bom. VIII of 1944). The Bombay Beggars Act, 1945 (Bom. XXIII of 1945). The Bombay Sales Tax Act, 1946 (Bom. V 1946). The Bombay Sales of Motor Sprits Taxation Act, 1946 (Bom. VI of 1946). The Bombay Electricity(Speclal Powers)Act, 1946 (Bom. XX of 1946). The Bombay Essential Commodities and Cattle (Control) Act, 1946 (Bom. XXII of 1946). The Bombay Prevention of Hindu Bigamous Marriage Act, 1946 (Bom. XXV of 1946). The Bombay Cotton (Statistics) Act 1946 (Bom. XXVII of 1946). The Bombay Home Guards Act, 1947 (Bom. Ill of 1947). The Bombay Public Security Measures Act, 1947 (Bom. VI of 1947). The Bombay Harljan (Removal of Social Disabilities) Act, 1946 (Bom. X of 1947). The Bombay Industrial Relations Act, 1946 (Bom. XI of 1947). The Bombay Hindu Divorce Act, 1947 (Bom. XXII of 1947). The Bombay (Emergency Power) Whipping Act, 1947 (Bom. XXVII of 1947). The Bombay Agricultural Debtors Relief Act, 1947 (Bom. XXVIII of 1947). The Bombay Money-lenders Act, 1946 (Bom. XXXI of 1947). The Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947 (Bom. XXXIV of 1947). The Bombay Harljan Temple Entry Act, 1947 (Bom. XXXV of 1947). The Bombay Essential Supplies (Temporary Powers) and the Essential Commodities Cattle (Control) Enhancement of Penalties) Act, 1947 (Bom. XXXVI of 1947). The Bombay Agricultural Pests and Diseases Act, 1947 (Bom. XLIII of 1947). The Bombay Habitual Offenders Restriction Act, 1947 (Bom. LI of 1947). The Bombay Warehouse Act, 1947 (Bom. LVI of 1947). The Bombay Rents, Hotel and Loading House Rates Control Act, 1947 (Bom. LVH of 1947). The Bombay Rationing (Preparatory and Continuance) Measures Act, 1947 (Bom. LVIII of 1947). The Bombay Primary Education Act, 1947 (Bom. LXI of 1947). The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947). The Bombay Refugees Act, 1948 (Bom. XXII of 1948). The Bombay Building (Control on Erection) Act, 1948 (Bom. XXXI of 1948). The Bombay Land Requisition Act, 1948 (Bom. XXXIII of 1948). The Bombay Secondary School Certificate Examination Act, 1948 (Bom. XLIX of 1948). The Bombay Lotteries and Prize Competitions Control and Tax Act, 1948 (Bom. LIV of 1948). The Bombay Animal Contagious Diseases (Control) Act, 1948 (Bom. LIX of 1948). The Bombay Tenancy and Agricultural Lands Act, 1948 (Bom.LXVIl of 1948). The Bombay Housing Board Act, 1948 (Bom. LXIX of 1948). The Bombay Children Act, (Bom. LXXI of 1948). The Bombay Khar lands Act, 1948 (Bom. LXXII of 1948). The Bombay Shops and Establishments Act, 1948 (Bom. LXXIX of 1948). The Bombay Animal Preservation Act, 1948 (Bom. LXXXI of 1948). The Bombay Sugarcane Cess Act, 1948 (Bom. LXXX1I of 1948). The Bombay Anatomy Act, 1949 (Bom. XI of 1949). The Bombay Nursing Homes Registration Act, 1949 (Bom. XV of 1949). The Police Forces (Control and Direction) Act, 1949 ( Bom. XVI of 1949). The Bombay Seals Act, 1949 (Bom. XXII of 1949), The Bombay Prohibition Act, 1949 (Bom. XXV of 1949). The Bombay Repatriated prisoners Act, 1949 (Bom. XXVII of 1949). SCHEDULE 2 SECOND SCHEDULE PART PART PART PART SCHEDULE 3 THIRD SCHEDULE Enactments. Names of States. Amendments. 1 2 3 The Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVIIof 1948) Akalkot, Aundh, Bhor, Jamkhandi, Jath, Kurundwad (Sr.), Kurundwad (Jr.), Miraj(Sr.), Miraj (Jr.), Mudhol, Phaltan, Ramdurg, Sangali, Savanur, Sawantwadi, Wadi- Jagir, Janjira, Dharampur, Balaslnor, Chhota-Udepur, Lunawada, Rajpipla (including Segbara), Baria, Bansda, Sant, Cambay, Idar, Jawhar, Vljay- nagar, Sachin, Rad-hanpur, In column 4 of the Schedule annexed to the Act, (a) In section 3-A of the Bombay Tenancy Act referred to therein for the words and figures "the eighth day of November 1947" the words and figures "the eleventh of August 1949" shall be substituted. (b) In the proviso to sub-section (1) of section 4 of the Bombay Tenancy Act referred to Palanpur, Jambughoda, Sur- gana, Tharad, Bhaderwa, Mohan-pur, Malpur, Man sat, Wao, Khadal, Ghodasar, Vasna, Katosan, Sudasna, Valasna, Ranasan, therein, reference to "section 9 of the Bombay Small Holders Relief Act, 1938" shall be read as reference to" any enactment corresponding to section 9 of the Bombay Small Holders Relief Act, 1938, if any, in any of the States". (c) In the proviso to sub-section (1) of the section 4 of the Bombay Tenancy Act referred to therein, for the words and figures "the eighth day of November 1946" the words and figures "the eighth day of August 1948" shall be substituted. Varsoda, Am-baliars, Punadra, Ilol, Sanjeli. (d) In sub section (2) of section 4 of the Bombay Tenancy Act referred to therein:- (1) for the words and figures "the eighth day of November 1946" the words an figures " the eleventh day of August 1948" shall be substituted; (2) for the words and figures "31st day of May 1947" occurring in sub-clause (b) (1), the words and figures "31st day of May 1949" shall be substituted. (3) for the words and figures "1st day of June 1947" occurring in sub- clause (b) (ii), the words and figures "1st day of June 1949" shall be substituted. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVIIof 1948). Kolhapur In column 4 of the Schedule annexed to the Act: (a) In section 3-A of the Bombay Tenancy Act referred to therein. for the words and figures "the eighth day of November 1947" the words and figures "the first day of May 1950" shall be substituted. (b) In the proviso to sub- section (1) of section 4 of the Bombay Tenancy Act referred to therein, reference to "section 9 of the Bombay Small Holders Relief Act, 1938", shall be read as reference to "any enactment corresponding to section 9 of the Bombay Small Holders Relief Act, 1938, if any, in the State. (c) In the Proviso to sub-section (1) of section 4 of the Bombay Tenancy Act referred to therein, for the words and figures "the eighth day of November 1946" the words and figures "the eighth day of May 1949" shall be substituted. (d) In sub-section (2) of section 4 of the Bombay Tenancy Act referred to therein:- (1) for the words and figures "the eighth day of November 1946" the words and figures "the first day of May 1949" shall be substituted; (2) for the words and figures "31st day of May 1947" occurring in sub-clause (b) (1) the, words and figures "31st day of May 1949" shall be substituted; (3) for the words and figures "1st day of June 1947" occurring in sub-clause (b) (11) the words and figures "1st day of June 1949" shall be substituted. The Bombay Agricultural Debtors Relief Act, 1947 (Bom. XXVIII Akalkot, Aundh, Bhor, Jamkhandi, Jath, Kurundwad (Sr.), Kurundwad (Jr.), Miraj(Sr.) Miraj (Jr.), Mudhol, Phaltan, Ramdurg, Sangali, Savanur, Sawantwadi, Wadi- Jagir, Janjira, (1) In section 2 (a) (1) In clause (2), "Co-operative Society" shall mean a society registered under any of the provisions corresponding to those contained in the Bombay Cooperative Society Act, 1925, or a society registered under the said Act, of 1947). Dharampur, Balasinor, Chhota-Udepur, Lunawada, Rajpipla (including Segbara}, Baria, Bansda, Sant, Cambay, Idar, Jawhar, V.ljay-nagar, Sachin, Rad-hanpur, Palanpur, Jambughoda, Sur-gana, Tharad, Bhaderwa, Mohan-pur, Malpur, Mansa, Wao, Khadal, (ii) in clause (5) (a) for the figures, letters and word "30th January 1940" wherever they occur, the figures, letters and work "1st January 1948" shall be substituted; (b) for the words "the date of the coming into operation of this Act, or the establishment of the Board concerned under the repealed Act" wherever they occur the words, figures and letters "the 15th day of September, 1948" shall be substituted. Ghodasar, Vasna, Katosan, Sudasna, Valasna, Ranasan, Varsoda, Am-baliars, Punadra, Ilol, Sanjeli. (2) In section 4, for sub- section (1) the following shall be substituted namely:- "(I) Any debtor ordinarily residing in any local area or his creditor may make an application on or before the 15th June 1949 to the Court for the adjustment of his debts". (3) In section 7, for the figures, letters, and work "1st January 1938" the figures, letters and work "1st January 1948" shall be substituted. (4) In section 22, the following proviso shall be added at the end, namely: "Provided further that where any amount due to a creditor is determined by a competent tribunal or authority under any law in force in any of the States relating to the conciliation or adjustment of the debts of agriculturists corresponding to this Act, the amount so determined shall be binding on the parties". (5) In section 23, in the proviso, after the figures "1879" the words "or any enactment corresponding thereto" shall be inserted. (6) In section 24, sub-section (2), for the figures, letters, and word "1st August 1947" the figures, letters and word "16th June 1949" shall be substituted. (7) In section 25, (a) in clause (1) the words and figures "or by a Board established under section 4 of the repealed Act" shall be deleted: (b) in clause (ii) for the figures, letters and words "15th day of February 1939" the figures, letters and word "1st January 1948" shall be substituted. (8) In section 32, sub-section (2) (i) for clause (c) the following clause shall be substituted, namely: - "(c) loans given by resource societies or by persons authorised to advance loans-, under section 54 for the financing of crops or for seasonal finance"; (11) in the Explanation the words "under the repealed Act" and the words "under this Act" shall be deleted. (9) In section 56 for the words "date of the coming into operation of this Act, "the figures, letters and word "the Dekkhan Agriculturists' Relief Act, 1879" the words and figures "any enactment corresponding to the Dekkhan Agriculturists' Relief Act, 1879 in force in any of the States" shall be substituted. (10) In section 56, in sub-section (D (1) for the words and figures "the Dekkhan Agriculturists Relief Act, 1939, by the Bombay Agricultural Debtors Relief Act, 1939 the first mentioned Act", the words and figures "any enactment corresponding to the Dekkhan Agriculturists'Relief Act, 1879, in force in any of the States, such enactment" Shall be substituted; (ii) the words and brackets "with effect from the date of the coming into operation of this Act (hereinafter in this section referred to as the said date") shall be deleted; (ill) for the words, "for the period of three years from the said date" the words figures and letters "upto the 26th day of May 1950" shall be substituted; (iv) for the first proviso the following shall be substituted, namely:- "Provided that any proceeding in or out of any suit instituted on or before the 26th May 1950 shall be continued and disposed of after the said date, as if the enactment corresponding to the Dek-khan Agriculturists' Relief Act, 1879, had continued in force after the said date". The Bombay Agricultural Debtors Relief Act, 1947 (Bom. XXVIII of 1947). Kolhapur (1) In section 2, (i) in clause (2), "Co-operative Society" shall mean a society registered under any of the provisions corresponding to those contained in the Bombay Cooperative Societies Act, 1925, or a society registered under the said Act: (il) in clause (5) (a) for the figures, letters and word "30th January 1940" wherever they, occur, the figures letters and word "1st January 1949" shall be substituted: (b) for the words "the date of the coming into operation of this Act, or the establishment of the Board concerned under the repealed Act," wherever they occur, the words, figures and letters the 1st May 1949" shall be substituted. (2) In section 4, for the sub- section (1) the following shall be substituted, namely:- "(l) Any debtor ordinarily residing in any local area or his creditor may make an application on or before the 31st October 1949 to the Court for the adjustment of his debts: "Provided that any debtor ordinarily residing in any of the village ofMososhi, Sollwade, Angale, and Mosam forming part of the Rajapur Taluka of the Ratnagiri District or any creditor of such debtor may make an application on or before the 31st August 1950 to the Court for the adjustment of his debts". (3) In section 7, for the figure, letters and word "1st January 1938" the figures, letters and word "1st January 1949" shall be substituted. (4) In section 22, the following proviso shall be added at the end, namely:- "Provided further that where any amount due to a creditor is determined by a competent tribunal or authority under any law in force in the kolhapur State relating to the conciliation or adjustment of the debts of the agriculturists corresponding to this Act, the amount so determined shall be binding on the parties". (5) In section 23, in the proviso, after the figures "1879" the words "or any enactment corresponding thereto" shall be Inserted. (6) In section 24, in subsection (2), (i) for the figures, letters and word " 1st August 1947" the figures, letters and word "31st October 1949" shall be substituted; (11) after the words "transfer in the nature of mortgage", the following proviso shall be inserted - "Provided that any agricultural laborer ordinarily residing in any of the village of Mososhi, Soliwade.Angale and Mosam forming part of the RajapurTaluka of the Rat- nagirl District may make such application on or before the 31st August 1950". (iii) before the words "on hearing the application" the brackets and figure "(3)" shall be Inserted. (7) In section 25, (i) in clause (1) the words and figure "or by a Board established under section 4 of the repealed Act", shall be deleted; (11) in clause (11) for the figures, letters and words " 15th day of February 1939", the figures, letters and word "1st January 1949" shall be substituted. (8) In section 32, in subsection (2),- (i) for clause (c) the following clause shall be substituted namely-"(c) loans given by resource societies or by persons authorised to advance loans under section 54 for the financing of crops or for seasonal finance," (11) in the Explanation, the words "under the repealed Act," and the words "under this Act", shall be deleted. (9) In section 56, In sub section (1), (1) for the words and figures "the Dekkhan Agriculturists Relief Act, 1879, by the Bombay Agricultural Debtors' Relief Act 1939, the first mentioned Act" the words "any enactment corresponding to the Dekkhan Agriculturists' Relief Act, 1879 in force in the Kolhapur State, such enactment", shall be substituted. (11) The words and bracket "with effect from the date of the coming into operation of this Act, (hereinafter in this section referred to as the said date)" shall be deleted; (iii) for the words "for a period (iii) for the words for a period of three years from the said date" the words figures and letters "upto the 26th day of May 1950" shall be substituted: (iv) for the first proviso the following proviso shall be substituted, namely:- "Provided that any proceeding in or out of any suit instituted on or before the 26th May 1950 shall" be continued and disposed of after the said date, as if the enactment corresponding to the Dek-khan Agriculturists Relief Act, 1879, had continued in force after the said date". The Bombay Tenancy and Agricultural Lands Act, (Bom. LXVIIof 1948). Baroda and Danta In column 4 of Schedule annexed to the Act,- (a) in section 3A of the Bombay Tenancy Act referred to therein for the words and figures "the first day of November 1947" the words and figures "the first day of August 1950" shall be substituted: (b) in the proviso to sub-section (l)of section 4 of the Bombay Tenancy Act referred to therein, reference to "section 9 of the Bombay Small Holders Relief Act, 1938" shall be read as reference to "any enactment corresponding to section 9 of the Bombay Small Holders Relief Act, 1938, if any in the State"; (c) in the proviso to sub- section (1) of section 4 of the Bombay tenancy Act referred to therein, for the words and figures "the eighth day of November 1946" the words and figures "the first day of August 1949" shall be substituted: (d) in sub-section (2) of section 4 of the Bombay Tenancy Act referred to therein (1) for the words and figures "the eighth day of November 1946" the words and figures "the first day of August 1949" shall be substituted. (2) for the words and figures "31st day of May 1947" occurring in sub-clause (b) (i) the words and figures "31st day of May 1950" shall be substituted, (3) for the words and figures "1st day of June 1947" occurring in sub-clause (b) (ii) the words and figures "1st day of June 1950" shall be substituted. The Bombay Agricultural Debtors Relief Act, 1947 (Bom. XXVIII of 1947). Baroda and Danta (1) In section 2,- (i) in clause (2), "Co-operative Society" shall mean a society registered under any of the provisions corresponding to those contained in the Bombay Cooperative Societies Act, 1925, or a society registered under the said Act; (11) in clause (5)- (a) for the figures, letters and word "30th January 1940" wherever they occur the figures, letters and word "1st January 1949" shall be substituted. (b) the words "or the establishment of the Board concerned under the repealed Act" wherever they occur, shall be deleted. (2) In section 4 for sub-section (1), the following shall be substituted namely: "(I) Any debtor ordinarily residing in any local area or his creditor may make an application on or before the 31st January 1950 to the Court for adjustment of this debts". (3) In section 7 for the figures letters and word" 1st January 1938", the figures, letters and word "1st January 1949" shall be substituted. (4) In section 22 the following proviso shall be added at the end, namely:- "Provided further that where any amount due to a creditor is determined by a competent tribunal or authority under any law in force In the Baroda or Danta State relating to the conciliation or adjustment of the debts of the agriculturists corresponding to this Act, the amount so determined shall be binding on the parties". (5) In section 23 In the proviso after the figures "1879" the words "or any enactment corresponding thereto" shall be inserted. (6) In section 24 in sub-section (2) for the figures, letters and word "1st August, 1947" the figures and word "1st Funerary 1950" shall be substituted. (7) In section 25 (1) in clause (1) the words and figures "or by a Board established under section 4 of the repealed Act" Shall be deleted, (11) in clause (11) for the figures, letters and words "15th day of Funerary 1939" the figures, letters and word "1st January 1949" shall be substituted. (8) In section 32, in sub-section (2)- (i) for clause(c), the following clause shall be substituted, namely: - "(c) loans given by resource societies or by persons authorised to advance loans under section 54 for the financing of crops or for seasonal finance," (11) in the Explanation, the words "under the repealed Act" and the words "under this Act:" shall be deleted. (9) In section 56, in subsection (D- (1) for the words and figures "the Dekkhan Agriculturists Relief Act, 1879, by the Bombay Agricultural Debtors" Relief Act, 1939, the first mentioned Act", the words "any enactment corresponding to the Dekkhan Agriculturists Relief Act, 1879, in force in the State" shall be substituted; (ii) the words and bracket "with effect from the date of coming into operation of this Act (hereinafter in this section referred to as the said date)" shall be deleted; (iii) for the words "for a period of three years from the said date" the words, figures and letters "upto the 26th day of May 1950" shall be substituted; (iv) for the first proviso, the following proviso shall be substituted, namely:- "Provided that any proceeding in or out of any suit instituted on or before the 26th May shall be continued and disposed of after the said date, as if the enactment corresponding to the Dek-khan Agriculturists Relief Act, 1879, had continued in force after the said date". The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVIIof 1947). Baroda (1) For clause (10) of section 5 the following shall be substituted: - "(10) specified date' means (a) in the case of any premises let for the purpose of residence, the first day of January 1943, and (b) in the case of any premises let for non residential purpose, the first day of January 1944. (10-A) 'Standard rent* in relation to any premises let for the purpose of residence or for non residential purpose means- (a) where the standard rent is fixed by the Controller under the House Rent Control order, 1947, made by the Baroda Government, such standard rent, or (b) where the standard rent is not so fixed, subject to the provisions of section 11- (i) the rent at which the premises were let on the specified date, or xx x x x x (11) where they were not let on the specified date the rent at which they were last let before that date, or (iii) where they were first let after the specified date, the rent at which they were,first let, or (iv) in any of these cases specified in section 11, the rent fixed by the Court: "Provided that an increase in rent made in operation Immediately before the 30th day of July 1949, in accordance with the provision of the said House rent Control Order, 1947, shall deemed to be Included in the standard rent:". (2) In sections 7, II and 18 of the said Act, for the words and figures "the first day of September, 1940" wherever they occur, the words "the specified date" shall be substituted. XXX The Bombay Sugar-cane Cess Act, 1948 (Bom, LXXXIIof 1948). Kolhapur State in elusive of Jahagirs within the limits of the said State. For the words and figures "first day of January 1948" in section 15 of the said Act, the words and figures "first day of March 1949" shall be substituted. SCHEDULE 4 FOURTH SCHEDULE 1. The Agricultural banks Act, 1924 (Baroda Act XVIII of 1924). 2. The Caste Tyranny Removal Act, 1933 (Baroda Act LV of 1933). 3. The Kolhapur Hill Station Act, 1945 (KolhapurAct LXII of 1945). 4. The Sawantwadi Prevention of Malaria Act, 1947. SCHEDULE 5 FIFTH SCHEDULE II Enactments. Names of States. The Go e nment Loan R les 1931 The Weste n R les 1932 Ba oda Ba oda The Government Loan Rules, 1931 The Western Rules, 1932 Baroda Baroda The Hindu Act, 1937 (XXXVII of 1937) Baroda The Maharaja Sayajirao University ofBaroda Baroda Act, 1949 (XVII of 1949) as amended by the Baroda State (Application of Laws) Order, 1949. The Okha Port Rules Baroda The Rules (Digest) of Hindu Law, 1920 Kolhapur.
Act Metadata
- Title: Bombay Merged States (Laws) Act, 1950
- Type: S
- Subtype: Gujarat
- Act ID: 16552
- Digitised on: 13 Aug 2025