1. Short title and commencement
(1) This Act may be called the Berar Laws Act, 1941.
(2) It shall come into force on such 2date as the Central government may, by notification in the Official Gazette, appoint.
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, 3*** 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.
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.
4. Removal of doubt. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. THE FOURTH SCHEDULE. ACT NO. 4 OF 1941 [17th March, 1941.] An Act to extend certain Act 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, in 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;
For the removal of doubt it is hereby declared that the Act specified in the Fourth Schedule have ceased to have effect and are repealed in Berar. THE FIRST SCHEDULE [See sections 2
(1) and (3)] ACTS EXTENDED TO BERAR Year Number Short title Year Numb Short title 1850 XIX The Apprentices Act, 1850. VII The Indian Works of Defence Act, 1850 XXI The Caste Disabilities Removal Act, 1903. 1850. XV The Indian Extradition Act, 1903. 1855 XIII The Indian Fatal Accidents Act, 1855. VII The Ancient Monuments Preservation Act, 1904. 1856 XI The European Deserters Act, 1856. IV The Indian Railway Board Act, 1856 XV The Hindu Widows’ Re-marriage 1905. Act, 1856. III The Indian Coinage Act, 1906. 1860 XLV The Indian Penal Code, 1860. V The Code of Civil Procedure, 1908. 1864 III The Foreigners Act, 1864. VI The Explosive Substances Act, 1865 III The Carriers Act, 1865. 1908. 1866 XXI The Native Converts’ Marriage IX The Indian Limitation Act, 1908. Dissolution Act, 1866. XIV The Indian Criminal Law Amend- 1867 XXV The Press and Registration of ment Act, 1908. Books Act 1867. XVI The Indian Registration Act, 1908. 1869 IV The Indian Divorce Act, 1869. IV The Whipping Act, 1909. 1872 I The Indian Evidence Act. 1872. IX The Indian Electricity Act, 1910. 1872 III The Special Marriage Act, 1872. II The Indian Patents and Designs 1872 IX The Indian Contract Act, 1872. Act, 1911. 1872 XV The Indian Christian Marriage VIII The Indian Army Act, 1911 Act, 1872. IV The Indian Lunacy Act, 1912. 1873 V The Government Savings Banks II The Official Trustees Act, 1913. Act, 1873. III The Administrator General’s Act, 1873 X The Indian Oaths Act, 1873. 1913. 1874 IX The European Vagrancy Act, 1874. III The Indian Copyright Act, 1914. 1875 IX The Indian Majority Act, 1875. VII The Indian Medical Degrees Act, 1875 XVIII The Indian Law Reports Act, 1875. 1916. 1876 IX The Native Coinage Act, 1876. II The Motor Spirit (Duties) Act, 1877 I The Specific Relief Act, 1877. 1917. 1878 VIII The Sea Customs Act, 1878. XVIII The Post Office Cash Certificates 1878 XI The Indian Arms Act, 1878. Act, 1917. XVIII XXVI The Legal Practitioners Act, 1879. The Negotiable Instruments Act, XXII XII The Bronze Coin (Legal Tender) Act, 1918. The Poisons Act, 1919. 1881. 1882 II The Indian Trusts Act, 1882. V The Provincial Insolvency Act, 1920. 1882 XII The Indian Salt Act, 1882. XIV The Charitable and Religious 1884 IV The Indian Explosives Act, 1884. Trusts Act, 1920. 1888 III The Police Act, 1888. XV The Indian Red Cross Society Act, 1889 IV The Indian Merchandise Marks 1920. Act, 1889. 1890 VIII The Guardians and Wards Act, 1890. XLVI The Imperial Bank of India Act, 1920. 1890 XI The Prevention of Cruelty to Animals Act, 1890. XLVI II The Indian Territorial Ford Act, 1920. 1891 XVIII The Bankers’ Books Evidence Act, XLIX The Auxiliary Force Act, 1920. 1891. XVIII The Maintenance Orders Enforce- 1898 V The Code of Criminal Procedure, ment Act 1921. 1898. XI The Indian Income-tax Act, 1922. 1901 II The Indian Tolls (Army) Act, 1901. XII The Indian Finance Act, 1922. Year Number Short title Year Number Short title 1922 … The Indian States (Protection against Disaffection) Act, 1922 1932 XXIII The Criminal Law Amendment Act, 1932. 1923 IV The Indian Mines Act, 1923. 1933 II The Children (Pledging of Labour) 1923 V The Indian Boilers Act, 1923. Act. 1933. 1923 VIII The Workmen’s Compensation 1933 VII The Indian Finance Act, 1933. Act, 1923. 1933 XVII The Indian Wireless Telegraphy 1923 XXIII The Legal Practitioners (Women) Act, 1933. Act, 1923. 1933 XXVII The Indian Medical Council Act, 1924 VI The Criminal Tribes Act, 1924. 1933. 1925 XXXIX The Indian Succession Act 1925. 1934 II The Reserve Bank of India Act, 1926 XI The Promissory Notes (Stamp) 1934. Act, 1926. 1934 VIII The Khaddar (Name Protection) 1926 XVI The Indian Trade Unions Act, Act, 1934. 1926. 1934 IX The Indian Finance Act, 1934. 1926 XXI The Legal Practitioners (Fees) Act, 1926. 1934 XI The Indian States (Protection) Act, 1934. 1926 XXXVIII The Indian Bar Councils Act, 1926. 1934 XIV The Sugar (Excise Duty) Act, 1934. 1929 VII The Trade Disputes Act, 1929. 1934 XVI The Matches (Excise Duty) Act, 1929 XIX The Child Marriage Restraint Act, 1934. 1929. 1934 XX The Indian Carriage by Air Act, 1930 II The Dangerous Drugs Act, 1930, 1934. 1930 III The Indian Sale of Goods Act, 1934 XXII The Indian Aircraft Act, 1934. 1930. 1934 XXIII The Mechanical Lighters (Excise 1930 XVIII The Silver (Excise Duty) Act, 1930. Duty) Act, 1934. 1930 XIX The Indian Companies (Amendment) 1934 XXV The Factories Act, 1934. Act, 1930. 1934 XXXI The Iron and Steel Duties Act, 1930 XXIV The Indian Lac Cess Act, 1930. 1934. 1931 … The Indian Finance Act, 1931. 1934 XXXII The Indian Tariff Act, 1934. 1931 … The Indian Finance (Supplementary 1935 … The Indian Finance Act, 1935. and Extending) Act, 1931. 1936 … The Indian Finance Act, 1936. 1931 XVI The Provisional Collection of Taxes 1936 III The Parsi Marriage and Divorce Act, 1931. Act, 1936. 1931 XXIII The Indian Press (Emergency 1936 IV The Payment of Wages Act, 1936. Powers) Act, 1931. 1936 XIV The Geneva Convention 1932 IX The Indian Partnership Act, 1932. Implementing Act, 1936. 1932 XI The Public Suits Validation Act, 1932. 1937 I The Agricultural Produce (Grading and Marking) Act, 1937. 1932 XII The Foreign Relations Act, 1932. 1937 VI The Arbitration (Protocol and Convention) Act, 1937. 1932 XIII The Sugar Industry (Protection) Act, 1932. 1937 … The Indian Finance Act, 1937. THE SECOND SCHEDULE [See sections 2
(1) and 3] ACTS PARTIALLY EXTENDED TO BERAR Year Number Short title Year Number Short title V The Indian Slavery Act, 1843. IV The Transfer of Property Act, XII The Public Accountants’ Default 1882. Act, 1850. XIII The Indian Telegraph Act, 1885. XXXVII The Public Servants (Inquiries) VI The Births, Deaths and Marriages Act, 1850. Registration Act, 1886. XXIV The Penal Servitude Act, 1855. XI The Indian Tramways Act, 1886. VII The Court-fees Act, 1870. I The Revenue Recovery Act, 1890. XXIII The Pensions Act, 1871. VI The Charitable Endowments Act, XI The Municipal Taxation Act, 1881. 1890. Year Number Short title Year Number Short title IX The Indian Railways Act, 1890. XIX The Cotton Transport Act, 1923. XV The Crown Grants Act, 1895. III The Indian Official Secrets Act, III The Epidemic Diseases Act, 1897. 1923. X The General Clauses Act, 1897. XIII The Indian (Specified Instruments) XIV The Indian Short Titles Act, 1897. Stamp Act, 1924. VI The Indian Post Office Act, 1898. IV The Indian Soldiers (Litigation)Act, II The Indian Stamp Act, 1899. 1925. IV The Government Buildings Act, XII The Cotton Ginning and Pressing 1899. Factories Act, 1925. VII The Indian Companies Act, 1913. XIX The Provident Funds Act, 1925. IX The Local Authorities Loans Act, 1914. XVI The Indian Forest Act, 1927. XV The Hindu Disposition of Property Act, 1916. XII The Hindu Inheritance (Removal of Disabilities) Act, 1928. V The Destruction of Records Act, II The Hindu Law of Inheritance (Amendment) Act, 1929. 1918 II The Cinematograph Act, 1918. XXX The Hindu Gains of Learning Act, X The Indian Securities Act, 1920. 1930. XXXIX The Indian Elections Offences and V The Decrees and Orders Validating Inquiries Act, 1920. Act, 1936. THE 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. THE FOURTH SCHEDULE (See section 4) ACTS WHICH HAVE CEASED TO HAVE EFFECT AND ARE REPEALED IN BERAR Year Number Short title Year Number Short title XIX The Succession (Property Protection) Act, 1841. IX The Employers and Workmen (Disputes) Act, 1860. XX The Indian Copyright Act, 1847. Year Number Short title Year Number Short title X The Indian Succession Act, 1865. X The Indian Paper Currency Act, XXI The Parsi Intestate Succession Act, 1923. 1865. XIX The Indian Finance Act, 1926. V The Probate and Administration V The Indian Finance Act, 1927. Act, 1881. XX The Indian Insurance Companies VI The District Delegates Act, 1881. Act, 1928. VII The Succession Certificate Act, X The Indian Census Act, 1929. 1889. XIII The Safeguarding of Industries XII The Indian Factories Act, 1911. Act, 1933. V The Provident Insurance Societies Act, 1912. The Criminal Law Amendment Act, 1935. VI The Indian Life Assurance Com- panies Act, 1912. I The Italian Loans and Credits Prohibition Act, 1936. VIII The Indian Motor Vehicles Act, 1914. X The Excess Profits Duty Act, 1919.