Orissa Laws Regulation, 1936

The Orissa Laws Regulation, 1936

Orissa Regulation 1 of 1936

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A Regulation to declare the law in force in the State of Orissa.

Whereas it is expedient to declare the law in force in the State of Orissa, it is hereby enacted as follows :

1. Short title, extent and commencement.- (1) This Regulation may be called the Orissa Laws Regulation, 1936.

(2) Sections 3, 3-A, 7 and 13 of this Regulation extend to the whole of the State of Orissa except the districts of Angul and the Khondmals. The remaining sections extend the whole of that State except the said districts and the territories mentioned under the headings "I-In Ganjam" and "II-In Vizagapatam" in Part I of the First Schedule to the Scheduled Districts Act, 1874 (V of 1874).

(3) It shall come into force on the 1st day of April, 1936.

2. Definition.- ln this Regulation the expression "areas transferred to Orissa"means areas transferred to the Province of Orissa by the Government of India (Constitution of Orissa) Order, 1936.
3. Cesser of the Madras District Police Act, 1859 and extension of the Police Act, 1861.- (1) The Madras District Police Act, 1859 (XXIV of 1859) shall cease to have effect and the Police Act, 1861 (V of 1861) shall take effect in the areas transferred to Orissa from the Presidency of Madras.

(2) All appointments, rules and orders made, powers and duties conferred or imposed and all other things done under the Madras District Police Act, 1859 (XXIV of 1859) shall be deemed, so far as may be, to have been respectively made, conferred, imposed or done under the Police Act, 1861 (V of 1861).

3A. Cesser of the Madras Abkari Act, 1886 and extension of the Bihar and Orissa Excise Act, 1915. -(1) The Madras Abkari Act, 1886 (Madras Act I of 1886) shall cease to have effect and the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915) shall take effect in the areas transferred to Orissa from the Presidency of Madras.

(2) All appointments, rules and orders made, powers and duties conferred or imposed and all other things done under the Madras Abkari Act, 1886 (Madras Act I of 1886) shall be deemed, so far as may be, to have been respectively made, conferred, imposed or done under the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915).

4. Cesser of the Madras Civil Courts Act, 1873 and the Central Provinces Courts Act, 1917, and extension of Agra and Assam Civil Courts Act, 1887.- (1) The Madras Civil Courts Act, 1873, and the Central Provinces Courts Act 1917, shall cease to extend and the Bengal, Agra and Assam Civil Courts Act, 1887, shall extend to the areas transferred to Orissa from the Presidency of Madras and the Central Provinces.

(2) Ail Courts constituted, appointments, rules and orders made, jurisdiction and powers conferred and other things done under the Madras Civil Courts Act, 1873, or the Central Provinces Courts Act, 1917, shall, so far as may be, be deemed to have been respectively constituted, made, conferred or done under the Bengal, Agra and Assam Civil Courts Act, 1887.

5. Cesser of Central Provinces Local-Self-Government Act, 1920 and extension of the Central Provinces Local Self Government Act, 1883.- (1) The Central Provinces Local Self-Government Act, 1920, shall cease to extend and the Central Provinces Local Self Government Act, 1883, is hereby extended to the areas transferred to Orissa from the Central Provinces.

(2) All notifications, orders, schemes, rules forms and by-laws issued, made or prescribed under the Central Provinces Local Self-Government Act, 1883, are hereby extended so far as they are applicable to the areas transferred to Orissa from Central Provinces.

(3) (a) The areas transferred to Orissa from the Central Provinces shall for the purposes of the Central Provinces Local Self-Government Act, 1883, be deemed to be part of the district of Sambalpur and to be under the control and administration of the Sambalpur District Council.

(b) The Governor may nominate not more than three persons to be members of the Sambalpur District Council to represent the aforesaid areas and the persons so nominated shall, notwithstanding anything contained in the Central Provinces Local Self-Government Act, 1883, or the rules made thereunder, be deemed to be members of the Sambalpur District Council and shall hold office as such members until representatives of the said areas are elected, in accordance with the Central Provinces Local Self-Government Act, 1883, and the rules made thereunder.

6. Repeal of Section 3 of the Madras Deputy Collectors Act, 1914.- Section 3 of the Madras Deputy Collectors Act, 1914, is hereby repealed.
7. Construction of certain enactments in force in the State of Orissa.- Subject to the provisions of paragraphs 16 and 17 of the Government of India (Constitution of Orissa) Order, 1936, all enactments other than enactments repeated by this regulation made by any authority in British India and all notifications, orders, schemes, rules, forms and by-laws issued, made or prescribed under such enactments, which were immediately before the 1st day of April, 1936, in force in any of the areas comprised in the State of Orissa, in their application to such areas, be construed, as if references therein by whatever form of words to the authorities, territory or Gazette mentioned in Column 1 of the First Schedule were references to the authorities, territory or Gazettes respectively mentioned or referred opposite thereto in Column 2 of the said Schedule.
8. Certain provisions of law to be inapplicable to notifications, orders, etc.- Nothing in any law in force in the State of Orissa which requires that the draft of any notification, order, scheme, rule, form or bye-law shall, before being made by the State Government be laid on the table of, or be approved by the House or Houses of State Legislature or which requires that any objections or suggestions made in any manner whatsoever by such House or Houses with respect to any such draft shall be considered by the State Government or which confers on a House or Houses of a State Legislature the power to make any modifications in any such draft, shall apply to any notification, order, scheme, rule, form or bye-law made or issued by the Government of Orissa.
9. Repeal of certain enactments.- The enactments specified in the Second Schedule are hereby repeated.
10. Amendments of certain enactments.- The enactments specified in the Third Schedule are hereby amended to the extent and in the manner mentioned in the Fourth Column thereof.
11. Extension of the application of certain enactments.- The enactments specified in the Fourth Schedule are hereby extended to the areas specified in Fourth Column thereof.
12. Extension of application of notifications, orders, etc.- AII notifications, orders, schemes, rules, forms and by-laws issued, made or prescribed under any of the enactments mentioned in Column 3 of the Fourth Schedule, are hereby extended, so far as the said notifications, orders, schemes, rules, forms and by-laws are applicable, to the areas respectively mentioned against such enactment in Column 4 of the said Schedule.
13. Disposal of pending revenue proceedings.- Without prejudice to any provisions made in this behalf by or under the Government of India (Constitution of Orissa) Order, 1936, revenue proceedings pending immediately before the 1st day of April, 1936 (including cases where an appeal lies or will lie from a decision made or to be made), in or in respect of any of the areas transferred to Orissa shall, unless the State Government otherwise directs in any case, be continued and disposed of as if the said Order had not been made.
14. Savings.- Save as otherwise provided by this Regulation, the repeal by this Regulation or any enactment shall not affect any Act or Regulation, in which such enactment has been applied, incorporated or referred to, and this Regulation shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand or any indemnity already granted, or the proof of any past act or thing ; nor shall this Regulation affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed.

Nor shall the repeal by this regulation of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.

15. Provisions as to modification made under Article 372 (2) of the Constitution.- References in this Regulation by whatever form of words, to any Law in force immediately before the commencement of the Constitution of India shall, after such commencement, be construed as references to that law as adapted or modified under Clause (2) of Article 372 of the said Constitution.

First Schedule

[Section 7]

Construction of enactments

Second Schedule

[See Section 9]

Enactments repealed

Third Schedule

[See Section 10]

Enactments Amended

Fourth Schedule

[See Section 11]

Enactments the application of which is extended