Maharashtra act 021 of 1946 : Bombay Special Tribunal (Continuance) Act, 1946

Department
  • Home Department
Ministry
  • Ministry of Govt of Maharashtra
Section 1.Short title and commencement.

(1) This Act may be called the Bombay Special Tribunal (Continuance) Act, 1946.


(2) It shall come into force on the 1st day of October 1946.




Section 2.Definitions.

In this Act,-


(a) "the Ordinance" means the Criminal Law Amendment Ordinance, 1943 (Ordinance No. XXIX of 1943) ;

(b) "the Tribunal" means the Special Tribunal known as the Second Special Tribunal at Lahore constituted by notification of the Central Government under section 3 of the Ordinance.




Section 3.Tribunal's jurisdiction to try Bombay Cases.

(1) The Tribunal shall have jurisdiction to try the cases specified in the Schedule to this Act as if it had been constituted by an Act of the Provincial Legislature.


(2) All provisions of the Ordinance, except sections 1 and 3 and sub-section (1) of section 5, shall continue in force and, so far as may be, apply in relation to the Tribunal and the cases aforesaid, subject to the modification that the powers of the Central Government under sub-section (3) of section 4 and section 11 shall, as from the commencement of this Act, be powers of the Provincial Government.

(3) The Tribunal shall sit at Bombay :

Provided that the Provincial Government may direct that the Tribunal shall sit at any other place in the Province of Bombay.

(4) All notification issued, and all appointments and all rules made, by the Central Government under section 3, sub-section (3) of section 4 and section 11, respectively, of the Ordinance shall, so far as they apply to the Tribunal, continue in force until superseded or modified by the Provincial Government under this Act.

(5) For the avoidance of doubt it is hereby declared that all proceedings had before, and all orders issued by, the Tribunal under the Ordinance before the commencement of this Act shall continue to have effect, and it shall not be necessary for the Tribunal to recommence any of the said proceedings or re-issue any of the said orders.