Author Profile

Legal India

Posted On by &filed under Local Laws.


An Act to provide for the application of the law in force in the
Province of Delhi and for the extension of the enactments thereto.

WHEREAS by Proclamation 1* published in Notification No. 911, dated the seventeenth day of September, 1912, the Governor-General in
Council, with the sanction and approbation of the Secretary of State for India, has been pleased to take under his immediate authority and management the territory mentioned in Schedule A, which was formerly included within the Province of the Punjab, and to provide for the administration thereof by a Chief Commissioner as a separate Province to be known as the Province of Delhi;

AND WHEREAS it is expedient to provide for the application of the law in force in the said territory, and for the extension of other enactments thereto; It is hereby enacted as follows:–

1.Short title and commencement.

1. Short title and commencement. (1) This Act may be called the
Delhi Laws Act, 1912; and

(2) It shall come into force on the first day of October, 1912.2.Saving of territorial application of enactments.

2. Saving of territorial application of enactments. The
Proclamation referred to in the preamble shall not be deemed to have effected any change in the territorial application of any enactment notwithstanding that such enactment may be expressed to apply or extend to the territories for the time being under any particular administration.

3.Construction of certain enactments in force in the territoriesmentioned in Schedule A.

3. Construction of certain enactments in force in the territories mentioned in Schedule A. All enactments made by any authority in
2*[India] and all notifications, orders, schemes, rules, forms and by-
laws issued, made or prescribed under such enactments which immediately before the commencement of this Act were in force in, or prescribed for, any of the territory mentioned in Schedule A, shall in their application to that territory be construed as if references therein to the authorities, or gazette mentioned in cloumn I of
Schedule B were references to the authorities, or gazette respectively mentioned or referred to opposite there to in column 2 of that
Schedule.

3* * * * *

4.Powers of Courts and State Government for purposes of facilitatingapplication of enactments.

4. Powers of Courts and State Government for purposes of facilitating application of enactments. For the purpose of facilitating the application to the territory mentioned in Schedule A
or any part thereof of any enactment passed
———————————————————————-
1. See Gazette of India, 1912, Extraordinary, p. 17.2. Subs. by the A. O. 1950 for “the Provinces”.
3. Proviso to s. 3 rep. by the A. O. 1937.92.before the commencement of this Act or of any notification, order, scheme, rule, form or by-law issued, made or prescribed under any such enactment–

(1) any Court may, subject to the other provisions of this
Act, construe the enactment, notification, order, scheme, rule, form or by-law with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the Court, and

(2) the State Government may, subject to the other provisions of this Act, by notification in the Official
Gazette direct by what officer any power or duty shall be exercised or discharged, and any such notification shall have effect as if enacted in this Act.

5.Vesting of powers of separate officers in single officer.

5. Vesting of powers of separate officers in single officer. (1)
A notification issued under section 4, sub-section (2), may direct that any powers or duties vested in separate officers may be consolidated and vested in, and discharge by, a single officer.

(2) Where by such a notification appellate powers are consolidated and vested in a single officer, the period of limitation for the consolidated appeal shall be the longest period provided in the case of an appeal to any of the officers whose powers are so consolidated.

6.Pending proceedings.

6. Pending proceedings. Nothing in this Act shall affect any proceeding which at the commencement thereof is pending in respect of any of the territory mentioned in Schedule A, and every such proceeding shall be continued as if this Act had not been passed:

Provided that all proceedings which at the commencement of this
Act are pending before the Commissioner of the Division or any other authority within the territory mentioned in Schedule A shall be transferred to, and disposed of by, such authorities in the State of
Delhi as the State Government may, by notification in the Official
Gazette, direct.

7.Power to extend enactments in force in other Provinces withmodifications and restrictions.

7. [Power to extend enactments in force in other Provinces with modifications and restrictions.] Rep. by the Part C States (Laws) Act,
1950 (30 of 1950), s. 4.SCHE

THE STATE OF DELHI

SCHEDULE A

(See Section 3)

1*THE STATE OF DELHI

That portion of the District of Delhi comprising the Tahsil of
Delhi and the police-station of Mahrauli.
———————————————————————-
1. 65 villages were subsequently included in the State of Delhi, see the Delhi Laws Act, 1915 (7 of 1915), Sch. I.

93.SCHE

See section 3.SCHEDULE B

(See section 3)

———————————————————————-
References Constructions
———————————————————————-
1 2.———————————————————————-
1* * * * *

2. The 2*[State Government] of the
Punjab.

1* * * * *

5. The Chief Customs Authority

6. The Financial Commissioner. The 3*[State Government]
of Delhi.
7. The Commissioner of Revenue.

8. The Commissioner of the Division

9. The Commissioner . . .

10. The Chief Secretary to Government

11. A Secretary to Government or to the
State Government.

12. All officers and official bodies not Such officials or offi-
mentioned in the foregoing clause cial bodies respective-
except the Treasurer of Charitable ly as the State Govern-
Endowments whose authority extended ment may, by notificat-
immediately before the commencement ion in the Official Ga-
of this Act over the territory men- zette, direct.
tioned in Schedule A.


Comments are closed.