C.O. 17

Dated the 5th June, 1950

ADAPTATIONOF LAWS (AMENDMENT) ORDER, 1950

Whereasby clause (2) of article 372 of the Constitution of India (hereinafter referredto as "the Constitution") the President is em-' powered by Order to makesuch adaptations and modifications of any law in force in the territory ofIndia, whether by way of repeal or amendment, as may be necessary or expedientfor the purpose of bringing the provisions of such law into accord with theprovisions of the Constitution, and to provide that the law shall, as from suchdate as may be specified in the Order, have effect subject to the adaptationsand modifications so made ;

Now,therefore, in exercise of the powers conferred by the said article and of allother powers enabling him in that behalf, the President is pleased to make thefollowing Order, namely :--

1.(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.

2.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 Madrasor 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 :--

(f)"existing Madras law" means any Madras Act as defined in section 3 of theMadras General Clauses Act, 1891 (Madras Act I of 1891), or any Regulation madeby the Governor of Madras under the Government of India Act, 1935, whichimmediately before the appointed day, was a law in force in the Province ofMadras or any part thereof ;

(g)"existing Bombay law" means any Bombay Act as denned in section 3 ofBombay General Clauses Act, 1904 (Bombay Act 1of 1904), or any Ordinance or Regulationmade 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 ofBombay or any part thereof.'

3.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 Bombaylaws" shall be substituted.

4.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 Bombaylaw" shall be substituted.

5.The proviso to paragraph 28 of the Principal Order shall be omitted.

6.The First, Fourth, Fifth and Sixth Schedules to the Principal Order shall bemodified as directed in the First Schedule to this. Order.

7.After the Sixth Schedule to the Principal Order, there shall be added theSchedules set out in the Second Schedule to this Order.

THEFIRST SCHEDULE

(Seeparagraph 6)

I.Modifications to the First Schedule to the Principal Order

Afterthe direction relating to the Opium Act, 1857 (XIII of 1857), insert--

TheMadras Compulsory Labour Act, 1858.

(Iof 1858)

Preamble.--Omit"of the labouring classes".

Section1.

Inthe first paragraph for "labourers" substitute "persons" and omit "ofthe labouring classes".

Inthe third paragraph for "the labourers as aforesaid" substitute "allable-bodied male persons" and for "the labourers of their villages"substitute "the able-bodied male persbns of their villages".

Section2.

Omit"of the labouring classes".

Section4.

Forthe words "the labourers" where they occur for the first time substitute"such persons" and where they occur for the second time substitute"they".'

Afterthe direction relating to the Acting Judges Act, 1867 (XVI of 1867), insert--

"ThePunjab Muderous Outrages Act, 1867.

(XXIIIof 1867)

Preambleand Section 2.--For' Queen' substitute ' Government '."

Afterthe direction relating to the Press and Registration of Books Act, 1867 (XXV of1867), insert--

"TheOudh Estates Act, 1869.

(Iof 1869)

Section3.

Inthe third paragraph 'Province' shall stand unmodified."

Inthe direction relating to clauses (1) and (2) of section 3 or the Indian DivorceAct, 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 ;".

Forthe direction relating to section 78 of the Indian Evidence Act, 1872 (I of1872), substitute--

"Section78.--Inclause (3) ' Her Majesty ' shall stand unmodified.

Inclause (6) for ' a British Consul ' substitute ' an Indian Consul '."

Forthe 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 ofthe Central Legislature ' substitute ' a Central Act ' and for ' Act of theCentral Legislature ' substitute ' Central Act'."

Section4.

For'Act of the Central Legislature' substitute 'Central, Act'."

Beforethe direction relating to section 33 of the Northern India Ferries Act, 1878 (XVIIof 1878), insert--

"Preamble.--For'the United Provinces, East Punjab, 'the Central Provinces, Assam. Delhi andAjmer-Merwara' substitute 'Uttar Pradesh, Punjab, the Central Provinces, Assam,Delhi and Ajmer'."

Beforethe 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'."

Forthe 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' passedbefore the commencement of this Act'."

Forthe 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'."

Omitthe direction relating to sections 34 and 48 of the Punjab District Boards Act,1883 (XX of 1883).

Forthe directions relating to the Marriages Validation Act, 1892 (II of 1892),substitute--

"Throughoutthe Act for 'Native Christian' substitute 'Indian Christian', for 'a NativeChristian' substitute 'an Indian Christian' and for 'Native Christians'substitute 'Indian Christians'.

"Preamble,--For' the Provinces ' substitute ' India '."

Inthe direction relating to the substitution of section 3 of the General ClausesAct, 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, meanthe Governor-General or the Governor-General in Council, as the case may be; andshall include, (i) in relation to functions entrusted under subsection (1) ofsection 124 of the Government of India Act, 1935, to the Government of aProvince, the Provincial Government acting within the scope of the authoritygiven to it under that sub-section ; and (ii) in relation to the administrationof a Chief Commissioner's Province, the Chief Commissioner acting within thescope of the authority given to him under sub-section (3) of section 94 of thesaid Act ; and

(b)in relation to anything done or to be done after the commencement of theConstitution, mean the President ; and shall include, (i) in relation tofunctions entrusted under clause (1) of article 258 of the Constitution to theGovern-ment of a State, the State Government acting within the scope of theauthority given to it under that clause; and (ii) in relation to theadministration of a Part C State, the Chief Commissioner or theLieutenant-Governor or the Government of a neighbouring State or otherauthority acting within the scope of the authority given to him or it underarticle 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 otherinstrument".

Inthe 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 ofPunjab ;

(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 atCalcutta."

Forthe directions relating to sections 43 and 44 of the Code of Civil Procedure,1908 (Act V of 1908), substitute--

"Forsections 43 and 44 substitute--

43.Any decree passed,--

Executionofdecrees passed by B States, in places to which this Part in forein 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 theprovisions 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 Governmentoutside India, may, if it cannot be executed within the jurisdiction ofthe Courtby which it was passed, be executed in manner herein provided wjthin thejurisdiction of any Court in the States.

Executionofdecrees passed by Revenue Courts in Part B States.

44.The Government of a Part A State or Part C State may, by notification in theOfficial Gazette, declare that thedecrees fo any Revenue Couets in any Part BState or any class of such decrees may be executed in the Part A State or Part CState, as the case may be, as if they had been passed by Courts of thatState."

Inthe direction relating to sections 2 and 91 of the Indian Lunacy Act, 1912 (IVof 1912), for the heading "Sections 2 and 91" substitute "Section 2".

Afterthe 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 byorder of the Governor-General' substitute ' for a Part A State'."

Tothe direction relating to section 144 of the Indian Merchant Shipping Act, 1923(XXI of 1923), add--

"and' His Majesty ' shall stand unmodified."

Afterthe direction relating to the Long title and Preamble of the Indian Bar CouncilsAct, 1926 (XXXVIII of 1926), insert--

"Section1.--Insub-section (2) for 'clause (24)' substitute 'clause-(25)'."

Inthe direction relating to clause (h) of sub-section (1) of section 4 of theIndian Press (Emergency Powers) Act, 1931 (XXIII of 1931), for "in clause(h)" substitute "in clause (h) and Explanation 4".

Inthe direction relating to section 2 of the Indian Medical Council Act, 1933 (XXVIIof 1933), for "In clause (f)" substitute "In clauses (e) and (f)".

Omitthe directions relating to the Press (Special Powers) Act, 1947 (XXXIX of 1947).

Afterthe direction relating to the Minimum Wages Act, 1948 of 1948), insert--

"TheRehabilitation Finance Administration Act, 1948.

(XIIof 1948.)

Section18.

Insub-section (2) for 'the Central Legislature' substitute'Parliament'."

Afterthe 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.

Insub-section (5) for ' the Central' substitute 'Parliament'."

Afterthe 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'."

Afterthe direction relating to section 1 of the Chartered Accountants Act, 1949 (XXXVIIIof 1949), insert--

"Section21.--In theExplanation for ' Federal Court' substitute 'Supreme Court'."

II.Modifications to the Fourth Schedule to the Principal Order.

Forthe heading "Madras Regulations" substitute "Regulations of the MadrasCode".

Forthe direction relating to the Madras Revenue Recovery (Military Proprietors)Regulation, 1817 (Madras Regulation VIII of 1817), substitute--

"Longtitle.--For ' a native officer or soldier ' substitute ' an officer orsoldier'."

Section9.

Inclause First', for ' a Native officer' substitute ' an officer' and for'principal Native officer' substitute 'principal officer'.

Inclause Third omit ' Native '."

III.Modifications to the fifth schedule to the principal order.

Forthe heading "Bombay Regulations" substitute "Regulations of the BombayCode".

Afterthe direction relating to the Preamble to Bombay Regulation XXV of 1827,insert--

"SectionI.--Omit'British'."

IV.Modifications To The Sixth Schedule To The Principal Order.

Forthe haading "Bengal Regulations" substitute "Regulations of the BengalCode".

Forthe 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 andrelations with Acceding States'. substitute ' or foreign affairs ' and for 'Governor General ' wherever it occurs substitute ' Central Government '."

THESECOND SCHEDULE

(Seeparagraph 7)

² Schedulesto be added after the Sixth Schedule to the Principal Order.

_______________________

1. C. O. 4, supra.

2. Schedules Seven to Ten have been incorporated in C. O. 4 at pp.134--171 Supra.