whereas
by clause (2) of article 372 of the Constitution of India (hereinafter referred
to as "the Constitution") the President is empowered by Order to make
such adaptations and modifications of any law in force in the territory of
India, whether by way of repeal or amendment, as may be necessary or expedient
for the purpose of bringing the provisions of such law into accord with the
provisions of the Constitution, and to provide that the law shall, as from such
date as may be specified in the Order, have effect subject to the adaptations
and modifications so made; Now,
therefore, in exercise of the powers conferred by the said article and of all
other powers enabling him in that behalf, the President is pleased to make the
following Order, namely: (1)
This Order may be called the
Adaptation of Laws (Amendment) Order, 1950. (2)
It shall be deemed to have come into
force on the 26th day of January, 1950. In
sub-paragraph (1) of paragraph 2 of the 1 Adaptation of
Laws Order,1950 (hereinafter referred to as "the Principal Order"),
-- (a)
after sub-clause (i) of clause (b) the
following sub-clauses shall be inserted, namely: "(ia) an existing Madras law; (ib) an existing Bombay
law;"; (b)
at the end of clause (c) the words
"but does not include any existing Madras or Bombay law" shall be
added; (c)
in clause (e) after the words
"existing Provincial law" the words" existing Madras law,
existing Bombay law" shall be inserted; and (d)
after clause (e) the following clauses
shall be inserted, namely: (e)
"existing Madras law" means
any Madras Act as defined in section 3 of the Madras General Clauses Act, 1891
(Madras Act I of 1891), or any Regulation made by the Governor of Madras under
the Government of India Act, 1935, which immediately before the appointed day,
was a law in force in the Province of Madras or any part thereof; (f)
"existing Bombay law" means
any Bombay Act as denned in section 3 of Bombay General Clauses Act, 1904
(Bombay Act 1of 1904), or any Ordinance or Regulation made by the Governor of
Bombay under the Government of India Act, 1935, which, immediately before the
appointed day, was a law in force in the Province of Bombay or any part
thereof.' In
the heading of Part I arid paragraph 3 of the Principal Order, for the words
"existing Central laws" the words "existing Central, Madras and
Bombay laws" shall be substituted. In
paragraphs 4(1), 4(2), 5, 6(1), 8 and 11) of the Principal Order; for the.
words "existing Central law" the words "existing Central, Madras
or Bombay law" shall be substituted. The
proviso to paragraph 28 of the Principal Order shall be omitted. The
First, Fourth, Fifth and Sixth Schedules to the Principal Order shall be modified
as directed in the First Schedule to this. Order. After
the Sixth Schedule to the Principal Order, there shall be added the Schedules
set out in the Second Schedule to this Order. (See
paragraph 6) I.
Modifications
to the First Schedule to the Principal Order After the direction relating to
the Opium Act, 1857 (XIII of 1857), insert-- The
Madras Compulsory Labour Act, 1858. (I
of 1858) Preamble.--Omit
"of the labouring classes". Section1. In
the first paragraph for "labourers" substitute "persons"
and omit "of the labouring classes". In
the third paragraph for "the labourers as aforesaid" substitute
"all able-bodied male persons" and for "the labourers of their
villages "substitute "the able-bodied male persons of their villages". Section2. Omit
"of the labouring classes". Section4. For
the words "the labourers" where they occur for the first time
substitute" such persons" and where they occur for the second time
substitute" they".' After
the direction relating to the Acting Judges Act, 1867 (XVI of 1867), insert-- "The
Punjab Muderous Outrages Act, 1867. (XXIII
of 1867) Preamble
and Section 2.--For' Queen' substitute ' Government '." After
the direction relating to the Press and Registration of Books Act, 1867 (XXV of1867),
insert-- "The
Oudh Estates Act, 1869. (I
of 1869) Section3. In
the third paragraph 'Province' shall stand unmodified." In
the direction relating to clauses (1) and (2) of section 3 or the Indian
Divorce Act, 1869 (IV of 1869), for the words beginning with "(1) 'High
Court' means" and ending with "the High Court at Calcutta"
substitute-- "(1)' High Court' means with reference
to any area. (a) in a Part A State,
the High Court for that State; (b) in Ajmer, the High
Court at Allahabad; (c) in Bhopal, the High Court
at Nagpur; (d) in Bilaspur, Delhi
and Himachal Pradesh, the High Court of Punjab; (e) in Coorg, the High
Court at Madras; (f) in Kutch, the High
Court at Bombay; and (g) in the Andaman and
Nicobar Islands, the High Court at Calcutta;". Forth
direction relating to section 78 of the Indian Evidence Act, 1872 (I of1872),
substitute-- "Section78.--Inclause
(3) ' Her Majesty ' shall stand unmodified. In
clause (6) for ' a British Consul ' substitute ' an Indian Consul '." For
the direction relating to the Central Provinces Laws Act 1875 (XX of
1875),substitute-- "Section2.--For
'Acts of the Central Legislature ' substitute ' Central Acts ', for ' an Act of
the Central Legislature ' substitute ' a Central Act ' and for ' Act of the
Central Legislature ' substitute ' Central Act'." Section4. For'
Act of the Central Legislature' substitute 'Central, Act'." Before
the direction relating to section 33 of the Northern India Ferries Act, 1878
(XVII of 1878), insert-- "Preamble.--For'
the United Provinces, East Punjab, 'the Central Provinces, Assam. Delhi and
Ajmer-Merwara' substitute 'Uttar Pradesh, Punjab, the Central Provinces, Assam,
Delhi and Ajmer'." Before
the direction relating to section 4 of the Fort William Act, 1881 (XIII
of1881), insert-- "Section3.--For
'The ' The Commander-in-Chief in India ' substitute 'The Commander-in-Chief,
Indian Army'." For
the direction relating to section 1 of the Madras Forest (Validation) Act,
1882(XXI of 1882), substitute-- "Section1--For'enactment
of the Central Legislature' substitute 'Central Act' passed before the
commencement of this Act'." For
the direction relating to the Land Improvement Loans Act, 1883 (XIX of
1883),substitute-- "Section1.--Insub-section
(2) for ' the Provinces ', where it occurs for the second time, substitute 'a
Part A State or a Part C State'." Omit
the direction relating to sections 34 and 48 of the Punjab District Boards
Act,1883 (XX of 1883). For
the directions relating to the Marriages Validation Act, 1892 (II of
1892),substitute-- "Throughout
the Act for 'Native Christian' substitute 'Indian Christian', for 'a Native
Christian' substitute 'an Indian Christian' and for 'Native Christians'
substitute 'Indian Christians'. "Preamble,--For'
the Provinces ' substitute ' India '." In
the direction relating to the substitution of section 3 of the General Clauses
Act, 1897 (X of 1897),-- (1) for clause (8)
substitute-- "(8)'Central Government' shall,-- (a) in relation to
anything done before the commencement of the Constitution, mean the
Governor-General or the Governor-General in Council, as the case may be; and
shall include, (i) in relation to functions entrusted under subsection (1) of
section 124 of the Government of India Act, 1935, to the Government of a
Province, the Provincial Government acting within the scope of the authority
given to it under that sub-section; and (ii) in relation to the administration
of a Chief Commissioner's Province, the Chief Commissioner acting within the
scope of the authority given to him under sub-section (3) of section 94 of the
said Act; and (b) in relation to
anything done or to be done after the commencement of the Constitution, mean
the President; and shall include, (i) in relation to functions entrusted under
clause (1) of article 258 of the Constitution to the Government of a State, the
State Government acting within the scope of the authority given to it under
that clause; and (ii) in relation to the administration of a Part C State, the
Chief Commissioner or the Lieutenant-Governor or the Government of a
neighbouring State or other authority acting within the scope of the authority
given to him or it under article 239 or article 243 of the Constitution, as the
case may be;"; and (2) in clause (29) for
"order or bye-law" substitute "order, bye-law or other
instrument". In
the direction relating to sub-section (1) of section 57 of the Indian Stamp
Act,1899 (II of 1899), for the words beginning with "(a) if it arises in a
Part AState" and ending with "the High Court at Calcutta"
substitute-- "(a)if it arises in a Part A State, to
the High Court for that State; (b) if it arises in Ajmer, to the High Court
at Allahabad; (c) if it arises in Bhopal, to the High Court
at Nagpur; (d) if it arises in Bilaspur, Delhi and
Himachal Pradesh, to the High Court of Punjab; (e) if it arises in Coorg, to the High Court
at Madras; (f)if it arises in Kutch, to the High Court
at Bombay; and (g) if it arises in the Andaman and Nicobar
Islands, to the High Court at Calcutta." For
the directions relating to sections 43 and 44 of the Code of Civil
Procedure,1908 (Act V of 1908), substitute-- "For
sections 43 and 44 substitute-- 43.Any decree passed,-- Execution
of decrees passed by B States, in places to which this Part in fore in
territory (a) by a Civil Court in a
Part B State, or (b) by a Civil Court in
any area within a Part A State or Part C State to which the provisions re
lating to execution do not extend, or does not extend or (c) by a Court
established or continued by the authority of the Central Government outside
India, may, if it cannot be executed within the jurisdiction of the Court by
which it was passed, be executed in manner herein provided within the
jurisdiction of any Court in the States. Execution
of decrees passed by Revenue Courts in Part B States. 44.The Government of a Part A State or Part C
State may, by notification in the Official Gazette, declare that the decrees of
any Revenue Courts in any Part B State or any class of such decrees may be
executed in the Part A State or Part C State, as the case may be, as if they
had been passed by Courts of that State." In
the direction relating to sections 2 and 91 of the Indian Lunacy Act, 1912 ( IV
of 1912), for the heading "Sections 2 and 91" substitute
"Section 2". After
the direction relating to section 3 of the Indian Lunacy Act, 1912 (IV of
1912),insert-- "Section91--For
'which is or may hereafter be constituted by His Majesty by Letters Patent or
by order of the Governor-General' substitute ' for a Part A State'." To
the direction relating to section 144 of the Indian Merchant Shipping Act,
1923(XXI of 1923), add-- "and'
His Majesty ' shall stand unmodified." After
the direction relating to the Long title and Preamble of the Indian Bar
Councils Act, 1926 (XXXVIII of 1926), insert-- "Section1.--Insub-section
(2) for 'clause (24)' substitute 'clause-(25)'." In
the direction relating to clause (h) of sub-section (1) of section 4 of the
Indian Press (Emergency Powers) Act, 1931 (XXIII of 1931), for "in
clause(h)" substitute "in clause (h) and Explanation 4". In
the direction relating to section 2 of the Indian Medical Council Act, 1933
(XXVII of 1933), for "In clause (f)" substitute "In clauses (e)
and (f)". Omit
the directions relating to the Press (Special Powers) Act, 1947 (XXXIX of
1947). After
the direction relating to the Minimum Wages Act, 1948 of 1948), insert-- "The
Rehabilitation Finance Administration Act, 1948. (XII
of 1948.) Section18. In
sub-section (2) for 'the Central Legislature' substitute' Parliament'." After
the direction relating to section 4 of the Damodar Valley Corporation Act,
1948(XIV of 1948), insert-- "Section44.--Insub-section
(3) for ' the Central' substitute 'Parliament'. Section45. In
sub-section (5) for ' the Central' substitute 'Parliament'." After
the direction relating to section 2 of the Industrial Finance Corporation
Act,1948 (XV of 1948), insert-- "Section,35.--In
sub-section (3) for 'the Central Legislature' substitute' Parliament'." After
the direction relating to section 1 of the Chartered Accountants Act, 1949
(XXXVIII of 1949), insert-- "Section21.--In
the Explanation for ' Federal Court' substitute 'Supreme Court'." II. Modifications to the
Fourth Schedule to the Principal Order. For
the heading "Madras Regulations" substitute "Regulations of the
Madras Code". For
the direction relating to the Madras Revenue Recovery (Military Proprietors)
Regulation, 1817 (Madras Regulation VIII of 1817), substitute-- "Long
title.--For ' a native officer or soldier ' substitute ' an officer or
soldier'." Section
9. In
clause First', for ' a Native officer' substitute ' an officer' and for'
principal Native officer' substitute 'principal officer'. In
clause Third omit ' Native '." III. Modifications to the
fifth schedule to the principal order. For
the heading "Bombay Regulations" substitute "Regulations of the
Bombay Code". After
the direction relating to the Preamble to Bombay Regulation XXV of
1827,insert-- "Section
I.--Omit 'British'." IV. Modifications To The
Sixth Schedule To The Principal Order. For
the heading "Bengal Regulations" substitute "Regulations of the
Bengal Code". For
the direction relating to the Appendix to the Bengal State Prisoners
Regulation;1818 (Bengal Regulation III of 1818), substitute-- "Appendix.--For'
external affairs or relations with Acceding States' and ' external affairs and
relations with Acceding States'. substitute ' or foreign affairs ' and for
'Governor General ' wherever it occurs substitute ' Central Government '." (See paragraph 7) [1]Schedules to be added after the Sixth Schedule to the
Principal Order. ADAPTATION
OF LAWS (AMENDMENT) ORDER, 1950
PREAMBLE