Maharashtra act 017 of 1945 : The Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945.

Section 1.Short title and commencement.

(1) This Act may be called the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945.

(2) It shall come into force with effect from such date¹ as the ²[State] Government may, by notification in the Official Gazette, appoint.

1. 1st day of October 1945 vide, G.N., H.D., No. 1007/4-VII, dated the 30 th August 1945.

2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

Section 2.Definitions.

In this Act,-

(1) "City of Bombay" means the area within the local limits of the ordinary original civil jurisdiction of the High Court immediately before the commencement of this Act;

(2) "Greater Bombay" means the areas for the time being specified in Schedule A;

(3) "High Court" means the High Court of Judicature at Bombay;

(4) "Letters Patent" means the Letters Patent of the High Court dated the 28^th December 1865;

(5) "Schedule" means Schedule appended to this Act.

Section 3.Extension of enactments to Greater Bombay.

(1) Such provisions, or such parts of the provisions,-

(a) of any enactment relating to any of the matters to enumerated in Lists II and III in the Seventh Schedule to ¹[the Constitution, made by any authority in India, or]

(b) of any notification, order, scheme, rule, form or by-law issued, made or prescribed under any enactment of the class referred to in clause (a),

as were in force immediately before the commencement of this Act in the area comprised in the City of Bombay (in whatever manner described, whether a City of Bombay, Town of Bombay, Town and Island of Bombay, Islands of Bombay and Kolaba, Presidency-town, Presidency-town of Bombay, Collectorate of Bombay or otherwise) but not in the other areas comprised in Greater Bombay are hereby declared to be in force in all the areas comprised in Greater Bombay and all references to the said City, in whatever manner described, in the said provisions of the enactments, notifications, orders, schemes, rules, forms and by-laws shall be deemed to be references to Greater Bombay.

(2) Nothing in sub-section (1) shall-

(a) apply to any provisions made by or under the enactments specified in Schedule B and Schedule C;

(b) affect the right of any competent authority to repeal, amend or cancel any enactment, notification, order, scheme, rule, form or by-law referred to in sub-section (1).

1. These words were substituted for the words and figures "the Government of India Act, 1935 made by any authority in British India, or" by Bom. 57 of 1956, s. 2.

Section 3A.Extension of enactments to extended limits of Greater Bombay

¹[3A. Extension of enactments to extended limits of Greater Bombay.- (1) Such provisions, or such parts of the provisions,-

(a) of any enactment relating to any of the matters enumerated in Lists II and III in the Seventh Schedule to the Constitution, or

(b) of any notification, order, scheme, rule, form or bye-law issued, made or prescribed under any enactment of the class referred to in clause (a),

as were in force immediately before the date of the commencement of the Greater Bombay Laws and the High Court (Declaration of Limits) (Amendment) Act, 1956 (Bom. LVII of 1956), in the area comprised in Greater Bombay before that date, are hereby declared to be in force in all the areas comprised in Part-IV of Schedule-A on and after that date, and accordingly, all references on or after that date to Greater Bombay in the said provisions of the enactments, notifications, orders, schemes, rules, forms and bye-laws shall be deemed to be references to the areas comprised in Part-IV of Schedule A after that date.

(2) Nothing in sub-section (1) shall-

(a) apply to any provisions made by or under the enactments specified in Schedules B and C,

(b) affect the right of any competent authority to repeal, amend or cancel any enactment, notification, order, scheme, rule, form or bye-law referred to in sub-section (1).]

1. Section 3A was inserted by Bom. 57 of 1956, s. 3.

Section 4.Certain enactments not to be in force in the added areas.

(1) The enactments mentioned in Schedule-D and all notifications, orders, schemes, rules, forms and by-laws made, issued or prescribed thereunder shall cease to apply to, or to be in force in the areas specified in ¹[²[Parts-II, III and IV]] of Schedule A.

(2) Nothing in sub-section (1) shall affect,-

(a) the right of any competent authority to direct that any enactment, notification, order, scheme, rule, form or by-law referred to in the said sub-section shall apply to or be inforce in the areas referred to in the said sub-section or to make, issue or prescribe any notification, order, scheme, rule, form or by-law under any such enactment; or

(b) the operation of any such enactment, notification, order, scheme, rule, form or by-law before the commencement of this Act; or

(c) any right, privilege, obligation or liability acquired, accrued or incurred under any such enactment, notification, order, scheme, rule, form or by-law before the commencement of this Act.

1. These words and figures were substituted for the word and figure "Part-II" by Bom. 8 of 1950, s. 2.

2. These words and figures were substituted for the word and figures "Parts-II and III" by Bom. 57 of 1956, s. 4.

Section 4A.Alteration of limits of certain villages.

¹[4A. Alteration of limits of certain villages.- Notwithstanding anything contained in the Bombay of Land Revenue Code, 1879 (Bom. V of 1879) and in any order or notification made or issued thereunder,-

(a) the lands specified in Part-I of Schedule E shall, on and from the date of the coming into force of the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) (Amendment) Act, 1950 (Bom. VIII of 1950), be excluded from the limits of the village of Majas in the Bombay Suburban District and shall be included in and form part of the village of Goregaon;

(b) the lands specified in Part-II of the said Schedule shall, on and from the said date, be excluded from the limits of the village of Marol in the Bombay Suburban District and shall be included in and shall form part of the village of Parajpur;

(c) the lands specified in Part-III of the said Schedule shall, on and from the said date, be excluded from the limits of the village of Marol in the Bombay Suburban District and shall be constituted a new village to be called the village of Maroshi.]

1. Section 4A was inserted by Bom. 8 of 1950, s. 3.

Section 5.Declaration of limits of jurisdiction of the High Court.

(1) The High Court shall have and exercise ordinary original civil jurisdiction within the areas for the time being comprised in Greater Bombay.

(2) Save as otherwise provided in this Act, nothing in sub-section (1) shall affect-

(a) the jurisdiction of the High Court as a Court of Admiralty or Vice Admiralty under clauses 32 and 33 of the Letters Patent or under the Territorial Waters Jurisdiction Act, 1878 (41-42 Vict. Ch. 73) or otherwise exercisable by it in connection with prize matters or other maritime questions arising in India;

(b) any right or liability of any Government or any local authority or person, except in regard to the exercise of jurisdiction and any legal consequences thereof.

Section 6.Pending proceedings.

Notwithstanding anything contained in this Act all proceedings pending in any court in ¹[the areas specified in Parts-I and II of Schedule A] and all other proceedings of whatever nature pending before any public officer, ²* * * * * at the date of the commencement of this Act (including proceedings where an appeal or an application for revision lies or will lie from a decision made or to be made), ³[if such other proceedings are pending in any of the areas ⁴[specified in Parts-I and II of Schedule A] or are pending in respect of any such areas] shall be disposed of by such authority as the ⁵[State] Government may direct and in the absence of such direction any such proceedings shall be continued and disposed of as if this Act had not been passed.

1. These words were substituted for the words "Greater Bombay" by Bom. 8 of 1950, s. 4.

2. The words "in or in respect of any of the areas comprised in Greater Bombay" were deleted by Bom. 52 of 1947, s. 2 and Schedule.

3. These words were inserted by Bom. 52 of 1947, s. 2 and Schedule.

4. These words were substituted for the words "Greater Bombay" by Bom. 8 of 1950, s. 4.

5. This word was substituted for the word "Provincial" by Adaptation of Laws Order, 1950.

Section 7.Amendment of entries in Schedules A and C.

(1) The ¹[State] Government may, from time to time, with the concurrence of the High Court by notification in the Official Gazette, add to, alter or amend the entries in Schedule A, far as may be necessary in consequence of reclamation, encroachment by sea, submergence of water-course or other alterations of sea limits or correct mistakes in the said Schedule and the said Schedule shall, on the issue of such notification, be deemed to be amended accordingly.

(2) The ²[State] Government may, from time to time, by notification in the Official Gazette, add to, alter or amend the entries in Schedule C and the said Schedule shall on the issue of such notification be deemed to be amended accordingly.

1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

Section 8.Definitions in Central Acts relating to certain matters.

In all Central Acts and Regulations relating to any of the matters enumerated in Lists-II and III in the Seventh Schedule to the Government of India Act, 1935 (26 Geo 5. Ch. 2), passed before the commencement of this Act, unless there is anything repugnant certain in the subject or context,-

(1) "City of Bombay" shall mean the area within the local limits of the ordinary original civil jurisdiction of the High Court immediately before the commencement of this Act;

(2) "Presidency town of Bombay", "town of Bombay", "town and Island of Bombay" and "Presidency town" when used with reference to the Province of Bombay or "Greater Bombay" shall mean the areas for the time being specified in Schedule A.

Section 9.Amendments of certain enactments.

¹[9. Amendments of certain enactments.- The enactments specified in the second column of Schedule F shall be amended in the manner and to the extent specified in the third column thereof.]

1. This section was inserted by Bom. 8 of 1950, s. 5.