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Government of India Act, 1935 [Repealed] Section 292

Year : 1935

Section Title : Existing Law of India to Continue in Force

1 [2 [292. Existing law of India to continue in force

Notwithstaning the repeal by this Act of the Government of India Act, but subject to the other provisions of this Act, all the law in force in British India imme­diately before the Commencement of Part III of this Act shall continue in force in British India until altered or repealed or amended by a competent Legislature or other competent authority.


1. Omitted by the India (Provisional Constitution) Order, 1947.

2. For explanation of the scope of Ss. 292 and 293, see the India and Burma (Existing Laws) Act, 19371 Edw. 8 and 1 Geo. 6,,Ch. 9), S. 9. Sub-section (1) of section 1 of the said Act is as follows:--

"1. (1) For the purposes of sections two hundred and ninety-two and two hundred and ninety- three of the Government of India Act, 1935, which provide for the existing laws of British India to continue in force therein after the date of the com­ mencement of Part III of the said Act, subject to the power of His Majesty in Council to make such adaptations and modifications in any such law as appear to His Majesty to be necessary or expedient for bringing the provisions of that law into accord with the provisions of the said Act,--

(i) a law passed or made before the said date by a Legislature or other competent Authority in British India, and not previously repealed, is, for the removal of doubts, hereby declared to be a law in force immediately before that date, notwithstanding that it, or parts of it, may not then be in operation either at all or in particular areas;

(ii) any such law which immediately before the said date has extra terri­ torial effect as well as effect in British India shall, subject to any such adaptations and modifications as aforesaid, continue to have extra-territorial effect:

(iii) the power of His Majesty in Council to make in an existing Indian law such adaptations and modifications as aforesaid shall be deemed to include power to declare any such law. or any part thereof, to be repealed, if it appears to His Majesty in Counsil that its continuance is unnecessary of inexperiment in view of the provision of the said Art.

(iv) (sic)

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