Bare Act
The Bengal, Bihar and Orissa and Assam Laws Act, 1912
1. Short title and extent
(1) This Act may be called the Bengal, Bihar and Orissa and Assam Laws Act, 1912. (2) It extends to the territories mentioned in Schedules A, B and C.
2. Powers of Courts and State Governments for facilitating application of enactments
(a) any Court may, subject to the other provisions of this Act, construe the enactment, notification, order, schemes, rules, form or bye-law with such alterations, not affecting the substance, as may be necessary or proper to adapt it to the matter before the Court; and (b) the State Government may, by notification in the Official Gazette, direct by what officer any authority or power shall be exercisable; and any such notification shall have effect as if enacted in this Act.
3. Construction of certain enactments, etc., in force in territory mentioned in Schedules
All enactments, notifications, orders, schemes, rules, forms and bye-laws under such enactments, which, before the commencement of this Act, were in force in any of the territory mentioned in Schedule A, Schedule B or Schedule C, shall, in their application to such territory, be construed as if references therein to the authorities, territory or Gazettes mentioned in column 1 of Schedule D were references to the authorities, territory or Gazettes respectively mentioned or referred to opposite thereto in column 2 of that Schedule.
4. Construction of references to official bodies and officers
The references to the officers and official bodies who immediately before the commencement of this Act exercised similar functions in the Province of Bengal, or other officers or official bodies respectively, as the State Government of Bengal may by notification in the Official Gazette direct.
5. Pending proceedings
All proceedings which, at the commencement of this Act, are pending in or in respect of any of the territory mentioned in Schedule A, Schedule B or Schedule C; and every such proceeding shall be continued as if this Act had not been passed.
6. Application of adaptions
References in this Act by whatever form of words to Indian Laws in force immediately before the commencement of this Act shall be construed as references to those laws as adapted and modified under Article 372 of the Constitution.
Schedule. Schedules A, B, C and D
Schedule A: The Province of Bihar and Orissa. Part I: The Patna Division, comprising the districts of Champaran, Darbhanga, Muzaffarpur and Saran; the Chota Nagpur Division, comprising the districts of Hazaribagh, Manbhum, Palamu, Ranchi and Singhbhum; and the Orissa Division, comprising the districts of Balasore, Cuttack, Puri and Sambalpur. Part II: The districts of Bhagalpur, Malda, Purnea, Sonthal Parganas, in the Bhagalpur Division; the Patna Division, comprising the districts of Gaya, Patna and Shahabad. Schedule B: The Province of Bengal. The Burdwan Division, comprising the districts of Bankura, Birbhum, Burdwan, Hoogly, Howrah and Midnapur; the Presidency Division, comprising the town of Calcutta and the districts of Jessore, Khulna, Murshidabad, Nadia and the 24-Parganas and the district of Darjeeling. The Chittagong Division, comprising the districts of Chittagong, Chittagong Hill Tracts, Noakhali and Tippera; the Dacca Division, comprising the districts of Bakarganj, Dacca, Faridpur and Mymensingh; the Rajshahi Division, comprising the districts of Bogra, Dinajpur, Jalpaiguri, Malda, Pabna, Rajshahi and Rangpur. Schedule C: The Province of Assam. The Assam Valley District Division, comprising the districts of Darrang, Garo Hills, Goalpara, Kamrup, Lakhimpur, Nowgong and Sibsagar; and the Surma Valley and Hill Districts Division, comprising the districts of Cachar, Khasi and Jaintia Hills, Lushai Hills, Naga Hills and Sylhet. Schedule D: Table of constructions of enactments, etc., in force in territory mentioned in the Schedules.
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