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Report No. 148

4.2. The Berar Laws Act, 1941 (4 of 1941).-

We begin with the Berar Laws Act, 1941. The provisions of many Central Acts were applicable to the erstwhile area then known as Berar. But such applicability did not flow from the Central Act itself as being proprio vigore operative in Berar. If was achieved by the application of such Acts by order made under the Indian (Foreign Jurisdiction) Order-in-Council, 1903 (often with certain modifications) Certain administrative inconvenience resulted from this. The Act as in force of British India was distinct from the Act as in force in Berar. Notifications and statutory rules issued under identical provisions operative, both in British India and in Berar, had to be issued separately for British India and for Berar.

Since the commencement of Part III of the Government of India Act, 1935 on the 1st April, 1937, Berar and Central Provinces were deemed to be one Governor's Province and an Act passed after that date and expressed to extend to the whole of British India extended proprio vigore to Berar. The primary object of the Berar Laws Act, 1941 is to assimilate the provisions of the Central Acts passed before the first day of April, 1937 to those which were passed after that date and were automatically in force in Berar, as stated above.

Thus, by one comprehensive enactment, the proprio vigore operation in Berar of Central Acts passed before the commencement of Part III of the Government of India Act, 1935 was achieved, while simultaneously abrogating the orders under the Foreign Jurisdiction Order in Council by virtue of which those Acts are operative in Berar. The Bear Law Act, 1941 is a small Act consisting of four sections and four Schedules. The first Schedule lists the Acts which are extended to Beras. The second schedule contains lists of Acts which are partially extended to Berar.

The third schedule provides for amendments of the Code of Civil Procedure, 1908 and the Indian Limitation Act, 1908 (then in force). The fourth schedule sets out the list of enactments which have ceased to have effect and repealed in Berar. With the re-organisation of States, Berar now forms part of the State of Maharashtra. However, this does not render the Act obsolete. The States Reorganisation Act, 1956 and the Bombay Reorganisation Act, 1960 (to mention two enactments of immediate relevance), the Adaptation of Laws and Orders issued thereunder have not repealed the Berar Laws Act for obvious reasons. Nor can we recommend its repeal.

Repeal of certain Pre-1947 Central Acts Back

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