west bengal act 001 of 1914 : Laws Act, 1914

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Laws Act, 1914

WEST BENGAL ACT 001 OF 1914

14 January, 1914

Repealed in Part

.. Ben. Act I of 1939.

Ben. Act XVI of 1946.

An Act to assimilate certain enactments in force in Eastern and Western Bengal to amend certain enactments, and to repeal certain other enactments.

Whereas it is expedient to extend certain enactments of the Bengal Legislative Council to Eastern Bengal, and to extend certain enactments of the Eastern Bengal and Assam Legislative Council to Western Bengal;

And whereas it is also expedient that certain formal amendments should be made in enactments in force in Bengal;

And whereas it is also expedient that certain enactments in force in Bengal should be repealed;

And whereas the previous sanction of the Governor-General has been obtained, under section 5 of the Indian Councils Act, 1892, to the passing of this Act (55 and 56 Vict. c. 14);

It is hereby enacted as follows:

Section 1. Short title

This Act may be called the Bengal Laws Act, 1914.

Section 2. Definitions

In this Act,

(1) Eastern Bengal means the territory mentioned in Part I of Schedule A to the Bengal, Bihar and Orissa and Assam Laws Act, 1912, (VII of 1912) and

(2) Western Bengal means the territory mentioned in Part II of that schedule.

Section 3. Extension of enactments to Eastern Bengal

The enactments specified in Schedule I are hereby extended to Eastern Bengal, to the extent mentioned in column 4 thereof.

Section 4. Extension of enactment to Western Bengal

The enactments specified in Schedule II are hereby extended to Western Bengal, to the extent mentioned in column 4 thereof:

Provided that the Eastern Bengal and Assam Disorderly Houses Act, 1907, (E.B. & A. Act II of 1907) shall not apply to any municipality, constituted under the Bengal Municipal Act, 18842, (Ben. Act III of 1884) in which the Calcutta Suburban Police Act, 1866, (Ben. Act II of 1866) is in force.

Section 5. [Amendment of enactments]

3[* * *]

Section 6. [Repeal of enactments]

4[* * *]

Section 7. Continuance of orders, etc. issued under certain repealed enactments

Every appointment, order, rule, notification or form made or issued under

(a) the Land Registration Act, 1876, (Ben. Act VII of 1876) as amended by the Bengal Land Registration (Amendment) Act, 19065, (Ben. Act II of 1906)

(b) the Bengal Military Police Act, 18926, (V of 1892) or

shall, so far as it is not inconsistent with

(i) the Land Registration Act, 1876, as amended by the Eastern Bengal and Assam Land Registration (Amendment) Act, 1907, (E.B. & A. Act I of 1907).

(ii) the Eastern Bengal and Assam Military Police Act, 1912, (E.B. & A. Act III of 1912) or

(iii) the Eastern Bengal and Assam Disorderly Houses Act, 1907, (E.B. & A. Act II of 1907).

as the case may be, continue in force, and be deemed to have been made or issued under that Act, unless and until it is superseded by any appointment, order, rule, notification or form made or issued under that Act.

SCHEDULE I

Enactments extended to Eastern Bengal.

(See section 3.)

Year	Number	Short title	How far extended
1	2	3	4
Bengal Acts.
1899	I	The Bengal General Clauses Act, 1899.	The whole Act, as applying to (1) the other Acts specified in this schedule, and (2) any Bengal Act passed after the first day of April, 1912.
1908	V	The Bengal Local Self-Government (Amendment) Act, 1908.	The whole Act.
1909	II	The Bengal Court of Wards (Amendment) Act, 1909.	The whole Act.
8*	*	*	[* * *]
1911	II	The Bengal Vaccination (Amendment) Act, 1911.	The whole Act.
1911	V	The Calcutta Improvement Act, 1911.	Section 82 and section 86 in so far as it affects section 82.

SCHEDULE II

Enactments Extended to Western Bengal.

(See section 4.)

Year	Number	Short title	How far extended.
1	2	3	4
Eastern Bengal and Assam Acts.
1907	I	The Eastern Bengal and Assam Land Registration (Amendment) Act, 1907.	The whole Act.
1907	II	The Eastern Bengal and Assam Disorderly Houses Act, 1907.	The whole Act.
9*	*	*	[* * *]
9*	*	*	[* * *]

SCHEDULE III

Enactments Repealed

[Rep. by s. 3 and the Second Sch. of the Bengal Repealing and Amending Act, 1946 (Ben. Act XVI of 1946)].

(Schedule IV.)

SCHEDULE IV

Enactments Repealed

[Rep. by s. 3 and the Second Sch. of the Bengal Repealing and Amending Act, 1938 (Ben. Act I of 1939)].

1 Legislative papers. For Statement of Objects and Reasons, see the Calcutta Gazette of 1913. Pt. IV, page 150; Tor Report of Select Committee see ibid. Pt. IV. pages 152, 173; Tor Proceedings in Council, see ibid, Pt. IVA, pages 659, 660, 779 and 780. Local Extent. Since this Act has no local extent clause it must be taken to extend to the whole of the State of West Bengal.

2 Ben. Act III of 1884 was repealed and re-enacted by the Bengal Municipal Act, 1932 (Ben. Act XV of 1932). which was further repeated and re-enacted by the West Bengal Municipal Act, 1993 (West Ben. Act XXII of 1993). And this reference should now be construed as a reference to the latter Acr see section 10 of the Bengal General Clauses Act, 1899 (Ben. Act I of 1899).

3 Rep. by s. 3 and the Second Sch. of the Bengal Repealing and Amending Act, 1946 (Ben. Act XVI of 1946).

4 Rep. by s. 3 and the Second Sch. of the Bengal Repealing and Amending Act, 1938 (Ben. Act I of 1939).

5 Ben. Act II of 1906 repealed by this Act.

6 Act V of 1892 is repealed by this Act.

7 Ben. Act III of 1906 is repealed by this Act.

8 The entry relating to Ben. Act II of 1910 was repealed by s. 3 and the Second Sch. of the Bengal Repealing and Amending Act, 1938 (Ben. Act I of 1939).

9 The entries relating to E.B. And A. Acts I of 1909 and III of 1912 were repeated by s. 3 and the Second Sch. of the Bengal Repealing and Amending Act, 1938 (Ben. Act I of 1939).