Bengal, Bihar And Orissa And Assam Laws Act, 1912
No: 7 Dated: Mar, 26 1912
Bengal, Bihar And Orissa And Assam Laws Act, 1912
Act No. 7 of 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 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 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 (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 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;
It is hereby enacted as follows:-
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.
2. Saving of territorial application 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 territories for the time being under a particular administration.
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 [India], and all in notifications, orders, schemes, rules, forms and by-laws issued, made or rights 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.
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 1 of 1913), s.7 and Sch.I.]
5. Powers of Courts and State Governments for facilitating application enactments.- For the purpose of facilitating the application to the territory, or and 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.
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.