Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com MANIPUR (DOMINION RESERVE) APPLICATION OF LAWS ORDER, 1948 CONTENTS 1. . 2. . 3. . 4. . 5. . 6. . 7. . 8. . 9. . 10. . 11. . 12. . SCHEDULE 1 :- Boundaries of the Dominion Reserve in Manipur SCHEDULE 2 :- SCHEDULE MANIPUR (DOMINION RESERVE) APPLICATION OF LAWS ORDER, 1948 Whereas the Central Government has full and exclusive jurisdiction for, and in relation to, the governance of the areas comprised within the boundaries as described in the First Schedule here to annexed and hereafter referred to as the "Dominion Reserve in Manipur"; And whereas it is expedient to provide for the effective exercise of the jurisdiction; Now, therefore, in exercise of the powers conferred by sub-section (2) of Sec. 3 and Sec. 4 of the Extra-Provincial Jurisdiction Act, 1947 (47 of 1947), and of all other powers enabling it in that behalf, and in supersession of the Notifications of the Government of India in the Foreign Department Nos. 534-I.B., dated the 12th March 1909 and of the late Political Department No. 178-I.B., dated the 19th August 1937, the Central Government is pleased to make the following Order, namely:- 1. . :- This Order may be called the Manipur (Dominion Reserve) Application of Laws Order, 1948. 2. . :- The enactments mentioned in the first column of the Second Schedule to this Order shall apply to the Dominion Reserve in Manipur subject to any amendments to which the enactments are for the time being generally subject in the territories to which they extend and subject to the modifications and restrictions specified in the second column of the said Schedule. 3. . :- In the enactments as so applied, except as otherwise provided for in this Order or where the context otherwise requires, a reference to the authorities, territories and gazette mentioned in the first column of the Table hereunder set out shall, be construed as a reference to the authorities, territories and gazette respectively mentioned opposite hereto in the second column of the said Table- 4. . :- A direction in the Second Schedule to this Order that an enactment or portion of an enactment shall stand unmodified shall be regarded as a direction that it is not to be construed in accordance with the provisions of paragraph 2. 5. . :- Any court may construe the provisions of any enactment applied by this Order and of any notifications, orders, by-laws, rules or regulations, made or issued thereunder, with such modifications, not affecting the substances, as may be necessary or proper to adapt them to the matter before the Court. 6. . :- In criminal proceedings within the limits of the Manipur State in which an officer or other rank of the Assam Rifles is either a complainant or an accused and in all cases of criminal proceedings which arise within the limits of the Dominion Reserve in Manipur- (1) the Dewan, Manipur State hereinafter called the Dewan shall exercise the powers of a District Magistrate and a Court of Session, as described in the Code of Criminal Procedure, 1898, provided that the Dewan shall not commit any accused person for trial to the High Court of Assam acting as a Court of Session; (2) the High Court of Assam shall exercise the powers of a Court of Sessions and a High Court as described in the said Code in respect of all offences over which magisterial jurisdiction is exercised by the Dewan; (3) the High Court of Assam shall exercise the powers of a High Court as described in the said Code in respect of all offences over which the jurisdiction of a Court of Session is exercised by the Dewan: (4) in exercise of the jurisdiction of Court of Session conferred on him by sub-clause (1) above, the Dewan may take cognizance of an offence as a Court of original criminal jurisdiction without the accused person being committed to him by a magistrate, and shall, when so taking cognizance of any offence, follow the procedure prescribed by the Code of Criminal Procedure, 1898, for the trial of warrant cases by a magistrate; (5) the Dewan may make over to the Manipur State authorities for trial any case of which he has taken cognizance under the jurisdiction vested in him by this Order and in which subject of Manipur State only are concerned. 7. . :- In civil proceedings in the State of Manipur in which an officer or other rank of the Assam Rifles is a party and in all cases of civil proceedings arising within the limits of the Dominion Reserve in Manipur- (1) the provisions, so far as they can be made applicable of the enactments specified in the Third Schedule to this Order, as for the time being in force in the province of Assam, shall be applied: (2) for the purposes of the said enactments the Governor of Assam shall be deemed to be the Provincial Government; (3) for the purpose of facilitating the application of the said enactments in any cause, any of their provisions may be construed by any court or authority with such alterations not affecting the substance as may be necessary or proper to adapt them to the circumstances of that case. 8. . :- There shall be a Court of Small Causes with jurisdiction in all suits cognizable under the Provincial Small Cause Courts Act, 1887, where the amount or value of the subject matter does not exceed five hundred rupees, and the Dewan shall be the Judge of such Court. 9. . :- The Dewan shall exercise the powers of a District Court as described in the Code of Civil Procedure, with jurisdiction in all original suits whatever be the amount or value of the subject matter and in all other cases in which jurisdiction is conferred on the District Court by any of the enactments specified in the Third Schedule to this Order. 10. . :- Subject to the Provisions of the enactments specified in the Third Schedule to this Order, and the provisions of this Order, appeals from decrees and orders passed by the Dewan in exercise of the powers of a District Court shall lie to the High Court of Assam which shall exercise the powers of a High Court for all purposes connected with the administration of civil justice in the cases to which this Order applies. 11. . :- If on the face of any plaint presented in his court it shall appear that all the parties concerned are subject of the Manipur State, the Dewan may if he thinks fit, return the plaint for presentation to any court of the Manipur State, having jurisdiction and the case shall then be triable in such court even though any or all of the parties are residents in the Dominion Reserve. 12. . :- Any order passed, anything done or any action taken in any case or in relation to the said Dominion Reserve in Manipur with effect from the 15th August, 1947, by any officer or authority on whom powers are conferred under this Order shall be deemed to have been passed, done or taken in exercise of the powers conferred by this Order and the provisions of this Order shall apply accordingly. SCHEDULE 1 Boundaries of the Dominion Reserve in Manipur The Dominion Reserve in Manipur shall consist of- (a) All lands comprised within the following boundaries commencing from existing C.B. pillar No. I the line follow southwards the Western Cantonment boundary up to C.B. pillar No 3 then it follows the existing Southern Cantonment boundary up to the Sanjenthong Bridge over the Imphal River on the Ukhrul Road. Thence it follows the centre of the riverbed Northwards to point North-East of the C.B. pillar No. 9 where the bund comes down to the riverbank. Thence it follows the bund Northwards to a point North-East of the Cantonment Naga Village. Thence it runs west to the nullah and then follows this westwards and southwards and westwards again back to C.B. Pillar No. I. (b) Also all lands known as Rifle Range comprised within the following boundaries:- Commencing from point L. (between C.B pillar No. 23 and C.B. pillar No. 24) on map to C.B pillar No. 24, then to C.B, pillar No. 25, then to point M (between C.B pillars Nos. 25 and 26) on map and back to point L. SCHEDULE 2 SCHEDULE SECOND SCHEDULE Enactments Modifications and Restrictions 4. The Dramatic Performances (1) In Sec 2, omit the words "in the Presidency Act, 1876 (19 of 1876). Town, and Magistrate of Police and elsewhere". (2) In Cl (b) of Sec 3 after the word "India" insert "the Dominion Reserve in Manipur". 18. The White Phosphorus (1) Omit sub- section (2) and (3) of Sec 1 . Matches Prohibition (2) In sub-section (1) of Sec 5 for the words "Under Act, 1913 (5 of 1913). the Indian Factories Act, 1911" the words "under the law relating to factories" shall be substituted. (3) In sub-section (2) of Sec. 6, omit the words "Presidency Magistrate". 29. The Assam Rifles Act, 1941 In sub-section (2) of section 1 substitute (5 of 1941) and all Notifications, "Dominion Reserve in Manipur" for "Whole of Orders and rules Assam" and omit "where they may be serving". made or hereafter to be made thereunder. In sub-section (3) of Sec. 2 substitute "Dewan, Manipur State" for "a Deputy Commissioner... Balipara Frontier Tract". Provincial Acts 1. The Assam Motor Vehicles (1) References to the local Government and to the Taxation Act (Assam Deputy Commissioner shall be read as referring Act 9 of 1936). to the Governor of Assam and to the Dewan, Manipur State respectively. (2) For Sec. 17, the following by an order relating to the assessment, imposition or recovery of a tax may within a period of thirty days from the date of such order prefer an appeal to the Dewan, Manipur State or if the Dewan is the officer who passed such order, then to the Governor of Assam. Every order in appeal passed by the Dewan under this section shall be final, subject to the power of revision by the Governor of Assam,". 2. The Assam Sales of Motor (1) Reference to the Deputy Commissioner shall Spirit and Lubricants be read as referring to the Dewan, Manipur State. Taxation Act, 1939 (2) The following shall be omitted: Sub- sections (Assam Act 4 of 1939). (2) and (3) of Sec 1 ; Clause (a) of Sec 2; The words "of the district in which his place of business situate or to any officer of the Excise or Revenue Department specially empowered by the Provincial Government in this behalf in such district" and the words "or officer" in sub- section (l)of Sec.5; The words "or, subject to the orders of the Provincial Government, the Excise commissioner, as the case may be" in Sec. 9; The words "of the Excise or Revenue Department" in sub-section (1) of Sec. 10, in Sec. 11 and in sub-section (1) of Sec. 15; Section 14; Clause (a) of sub-section (1) and the words "or Excise Commissioner" in sub-section (3) of Sec. 25; Sub-section (3) of Sec. 26.