act 004 of 1941 : Berar Laws Act, 1941 [Repealed]

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Berar Laws Act, 1941 [Repealed]

ACTNO. 4 OF 1941

03 May, 1942

2[Repealed by Act 4 of 2018, S. 3 and Sch. II]

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, 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:

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 3date as the Central Government may, by notification in the Official Gazette, appoint.

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, 4[[* * *]] 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.

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, 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 said 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.

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.

First Schedule

[See Sections 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 General's 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 Finance 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 Workmen's 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

Second Schedule

[See Sections 2(1) and 3]

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 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, 1890.
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 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 Gains of Learning Act, 1930.
1936	V. ..	The Decrees and Orders Validating Act, 1936.

Third Schedule

[See Section 2(2)]

Acts Amended

Name of Act

Amendments

The Code of Civil Procedure, 1908 (Act V of 1908).

In Section 7 and in Rule 1 of Order 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, 1908 (IX of 1908).

In Article 161 of the First Schedule, 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.

Fourth 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.
1881	VI. ..	The District Delegates Act, 1881.
1889	VII. ..	The Succession Certificate 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 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.

1. The words in force in the Provinces omitted by the A.O. 1950.

2. Repealed by Act 4 of 2018, S. 3 and Sch. II, dated 8-1-2018.

3. 1-8-1941, see Gazette of India, 1941, Pt. I, p. 966.

4. Certain words omitted by the A.O. 1950.