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Constitution of India Constitution Order 29 - Bare Act

StateCentral Government
Year
Section TitleAdaptation of Laws (Third Amendment) Order, 1951
Act Info:

THEADAPTATION OF LAWS (THIRD AMENDMENT) ORDER, 1951

C.O. 29, dated the 4th April, 1951

whereasby clause (2)of article 372 of the Constitution of India the President is empowered by orderto make such adaptations and modifications of any law in force in the territoryof India, whether by way of repeal or amendment, as may be necessary orexpedient for the purpose of bringing the provisions of such law into accordwith the provisions of the Constitution, and to provide that the law shall, asfrom such date as may be specified in the order, have effect subject to theadaptations and modifications so made ;

Now,therefore, in exercise of thepowers conferred by the said article and of all other powers enabling him inthat behalf, the President is pleased to make the following Order, namely :--

1.(1) This Order may be called the Adaptation of Laws (Third Amendment) Order,1951.

(2)It shall be deemed to have come into force on the 26th day of January, 1950.

2.In paragraph 2(1) of the Adaptation of Laws Order, 1950 (hereinafter referred toas "the Principal Order"),--

(i)in clause (b), sub-clauses (ia) and (ib) shall be omitted;

(ii)in clause (c) the words "but does not include any existing Madras or Bombaylaw" shall be omitted ;

(iii)in clause (e), the words "existing' Madras law, existing Bombay law" shallbe omitted ;

(iv)clauses (f) and (g) shall be omitted. ,

3.In the heading of Part I and paragraph 3 of the Principal Order for the words"existing Central, Madras and Bombay laws" the words "existing Central andProvincial laws" shall be substituted.

4.In paragraphs 4(1), 4(2), 5, 6(1), 8 and 10, for the words "the existingCentral, Madras or Bombay law" the words "existing Central or Provinciallaw" shall be substituted.

5.In column 1 of the Table below paragraph 4(1) of the Principal Order, for thewords "the United Provinces" the words and bracket

"TheUnited Provinces UnitedProvinces"shallbe substituted.

6.Part II of the Principal Order shall be omitted; and Parts III and IV shall berenumbered, as Parts II and III respectively; paragraph 18 shall berenumbered as paragraph 11, and the subsequent paragraphs renumberedaccordingly:-

7.The First, Third, Seventh and Ninth Schedules to the Principal Order shall bemodified as directed in the Schedule A appended to this Order.

8.After the Tenth, Schedule to the Principal Order there shall; be added itheSchedules set out in Schedule B appended to this Order.

SCHEDULEA

(Seeparagraph 7)

I

MODIFICATIONSTO THE FIRST SCHEDULE TO THE PRINCIPAL ORDER

Afterthe direction relating to section 2 of the Bombay Coasting Vessels Act, 1838 (XIXof 1838), insert--

"Sections4, 5 and 6.

For"Master-Attendant" substitute "Principal Officer, Mercantile MarineDepartment"."

Tothe direction relating to section 5 of the Indian Registration of Ships Act,1841 (X of 1841), add--

"andfor "subject as aforesaid" substitute "a citizen of India"."

Afterthe direction relating to the European Deserter's Act, 1856 (XI of 1856),insert--

"TheBengal Chaukidari Act, 1856,

(XXof 1856)

Section56.

For"suspend or dismiss" substitute "suspend or subject to the provisions ofarticle 311 of the Constitution, dismiss"."

Afterthe direction relating to the State Prisoner's Act, 1858 (III of 1858), insert--

"TheMadras District Police Act, 1859. (XXIV of 1859)

Section10.

For"Subject to such rules" substitute "Subject to the provisions of article311 of the Constitution and to such rules".

Section44.

For"as hereinbefore provided" substitute "as provided by law"."

Inthe second paragraph directed to be substituted in section 230 of the IndianPenal Code (XLV of 1860) for "had been so stamped" substitute "has been sostamped".

Afterthe directions relating to the Indian Penal Code (XLV of 1860), insert--

"ThePolice Act, 1861. (V of 1861)

Section7.

For"Subject to suoh rules" substitute "Subject to the provisions of article311 of the Constitution, and to such rules"."

Afterthe direction relating to section 3A of the Pensions Act, 1871 (XXIII of 1871),insert--

"Section4.

For"British or" substitute "Government or by"."

Afterthe directions relating to the Indian Oaths Act, 1873 (X of 1873), insert--

"TheN. W. Provinces Village and Road Police Act, 1873.

(XVIof 1873)

Section10.

For"the Magistrate" substitute "Subject to the provisions of article 311 ofthe Constitution, the State Government, or the Magistrate"."

Inthe direction relating to section 18 of the Indian Arms Act, 1878 (XI of 1878)for "States" substitute "the States".

Tothe direction relating to clause (b) of section 20 of the Indian Trusts Act,1882 (II of 1882), add--

"and' Governor-General' and ' Province ' shall stand unmodified."

Afterthe direction relating to section 18 of the Presidency Small Cause Courts Act,1882 (XV of 1882), insert--

"Section19.

Inclause (b) omit 'the Crown Representative'."

Inthe directions relating to the Indian Railways Act, 1890 (IX of 1890), insert--

'Section33.

Omit"the general controlling authority".

Section47.

Insub-section (1) for "any Provincial Government or the Government of anyAcceding State" substitute "or any State Government". Section 49.--For"any general controlling authority" substitute "the Central Government".

Afterthe directions relating to the Indian Fisheries Act, 1897 (IV of 1897), insert--

"TheReformatory Schools Act, 1897.

(VIIIof 1897)

Section17.

Inclause (2) omit "of whom two at least shall be Natives of India"."

Inthe directions relating to the Code of Criminal Procedure, 1898 (V of 1898)--

(i)to the directions relating to section 194, add--

"andin clause, (a) of sub-section (2) "His Majesty's Attorney-General" and"the Crown" shall stand unmodified";

(ii)after the direction relating to sections 198 and 199, insert--

'Sections 211, 216, 218 and226

For"Clerk of the Crown" substitute "Clerk of the State".'

Afterthe direction relating to the Church of Scotland Kirk Sessions Act, 1899 (XXIIIof 1899), insert---

"TheCentral Provinces Court of Wards Act, 1899.

(XXIVof 1899)

Aftersection 40, insert--

'41.Application of the Act to estates of Rulers of Indian States.--The powers andfunctions conferred on the State Government by or under this Act shall, inrelation to the estates of Rulers of Indian States, be the powers and functionsof the Central Government '."

Afterthe directions relating to the Prisoners' Act, 1900 (III of 1900), insert--

"ThePunjab Alienation of Land Act, 1900.

(XIIIof 1900)

ThisAct shall stand repealed."

Beforethe direction-relating to Section 3 of the Indian Port's Act,1908 (XV of 1908),insert--

"Section2.

Inclause (i) for "His Majesty" substitute "the Central Government or a StateGovernment"."

Tothe directions relating to the Inland Steam-Vessels Act, 1917-(I of 1917), add--

'Section72-A.

"Governmentof a Province in Pakistan" shall; stand unmodified.'

'ThePatna University Act, 1917.

(XVIof 1917)

Section11.

Forthe "Provinces" substitute "India".'

Inthe directions relating to the Indian Red Cross Society Act,' 1920 (XV of1920)--

(i)after the direction relating to section 1, insert--Section 5.--In clause (d)omit "Provincial and",

(ii) for the direction relating to section 8,substitute--

'Section 8.

Insub-section (1) for "any of the Provinces, States and other parts of India andPakistan" substitute "any of the States in India or in any part ofPakistan" ; in sub-section (2) for "any Province, State or other part ofIndia" , at both places, substitute "any part of India" ; and insub-section (4) for "the Provinces, States and other parts of India andPakistan" substitute "any State in India or any part of Pakistan".'

Tothe direction relating to section 17 of the Indian Income-tax Act, 1922 (XI of1922), add--

'andin sub-section (7) for "Act of the Central- Legislature" substitute"Central Act".'

Inthe directions relating to the Cotton Cess Act, 1923 (XIV of 1923) substitute"The Indian Cotton Cess Act, 1923" for "The Cotton Cess Act, 1923" ; andfor the direction relating to section 4, substitute--

'Section4.

Inclause (i) for "Imperial" substitute "Indian" ; and for clause (ix)substitute--

"(ix)seven persons nominated respectively by the Governments of the following PartB States, namely, Hyderabad, Madhya Bharat, Mysore, Patiala and East PunjabStates Union, Rajasthan, Saurashtra and Travancore-Cochin"

Section5

Insub-section (2) for "Imperial" substitute "Indian".

Section14.

Omit"His Majesty for the purposes of".'

Afterthe direction relating to section 3 of the Cantonments Act, 1924 (II of 1924),insert--

"Section13.

Inclause (e) of sub-section (4), for sub-clause (iii), substitute--

'(iii)in cantonments of which the civil population does notexceed five thousand, onemilitary officer,'."

'To the direction relating to section 2 of the Contempt of Courts 1926 (XII of1926), add--

"andomit sub-section (2)."

Forthe direction relating to section 4 of the Indian Lac Cess Act, 1930 (XXIV of1930), substitute--

"Section4.

Insub-section (5) for "Imperial Entomologist" substitute "Head of theEntomology Division in the Indian Institute of Agricultural Research" and insub-section (8) for "the Pro-vinces" substitute "India"."

Inthe directions relating to the Drugs Act, 1940 (XXIII of 1940), insert--

"Section5.

In clause (iv) of sub-section (2), for "Imperial" substitute"Indian"."

Forthe directions relating to the Indian Oilseeds Committee Act, 1946 (IX of 1946),substitute--

"TheIndian Central Oilseeds Committee Act, 1946.

(IXof 1946)

Section3.

For the"Provinces" where the expression occurs1 for the first time, substitute"the territories to which this Act extends" ; and where the expressionoccurs for the second and thethird times, substitute "the said territories".

Section4.

Inclause (a) for "Imperial" substitute "Indian" ;

Inclause (g) for "the other Provinces and the Acceding States" substitute"the rest of India";

Inclause (s) for "the Central Legislature" substitute "Parliament"

Section7.

Insub-section (1) for "Imperial" substitute "Indian".

Section16.

For "the Central Legislature" substitute "the House of thePeople" and omit "His Majesty for the purposes of"."

Tothe direction relating to section 6 of the Prevention of Corruption Act, 1947(II of 1947), add--

"andin clauses (a) and (b) omit "or some higher authority"."

Tothe directions relating to the National Cadet Corps Act, 1948 (XXXI of 1948),add---

"Section13.

Inclause (I) of sub-section (2) omit "Provincial"."

Afterthe direction relating to sections 8, 21 and 36 of the Employees' StateInsurance Act, 1948 (XXXIV of 1948), insert--

"Section17.

Insub-section (3), for "Federal" substitute "Union"."

Afterthe direction relating to section 5 of the Factories Act,1948 (LXIII of 1948),insert--

"Section78.

Insub-section (2) for "Federal Railway" substitute "GovernmentRailway"."

II

MODIFICATIONSTO THE THIRD SCHEDULE TO THE PRINCIPAL ORDER.

Afterthe directions relating to the Ajmer Laws Regulation,.insert--

"TheAssam, Local Rates Regulation, 1879.

(IIIof 1879)

Section2.

For"the permanently settled portion of Sylhet" wherever the words occur,substitute "the permanently settledportion of Cachar" ; and

Inclause (4) for "whole of that district except the Jaintia Parganas" ,substitute "Karimganj sub-division of that District"."

Afterthe directions relating to the Garo Hills Regulation, 1882, insert--

"TheAssam Land and Revenue Regulation, 1886. (I of 1886)

Sections3 and 72.

Inclause (c) for "District of Sylhet" , wherever the words occur, substitute"District of Cachar".

TheSylhet Jhum Regulation, 1891.

(IIIof 1891)

Section1.

Insub-section (2) for "District of Sylhet" , substitute, "District of Cachar".

III

MODIFICATIONSTO THE SEVENTH SCHEDULE TO THE PRINCIPAL ORDER.

Inthe directions relating to the Madras City Police Act, 1888 (Madras Act III of1888), insert--

Section11.

For"subject to the control of the State Government" substitute "subject tothe provisions of article 311 of the Constitution and to the control of theState Government".'

Section71-K.

Forthe opening paragraph, substitute--

"Ifany person arrested by a Police-officer for an offence punishaable under section71-A has, in the opinion of such Police-officer, not attained the age of sixteenyears, he shall be informed, as soon as may be, of the grounds for such arrest,and shall be produced before the nearest Magistrate within a period oftwenty-four hours of such arrest excluding the time necessary for the journeyfrom the place of arrest to the Court of the Magistrate ; and no such personshall be detained in custody beyond the said period without the authority of aMagistrate. On such production, the Magistrate shall without delay direct theperson to be taken before a Juvenile Court established under sub-section (1)of section 36 of the Madras Children Act, 1920. The person shall then be dealtwith under the provisions of that Act as modified by the provisions of thissection." '

Afterthe direction relating to section 5 of the Madras Prevention of Begging Act,1945 (Madras Act XIII of 1945), insert--

"Section12.

Insub-section (1) for the opening paragraph substitute--

'if any person arrested by a Police-officer for an offence punish-able undersection 3 has, in the opinion of such Police-officer, not attained the age ofsixteen years, he shall be informed, as soon as may be, of the grounds for sucharrest, and shall be produced before the nearest Magistrate within a period oftwenty-four hours of such arrest excluding the time necessary for the journeyfrom the place of arrest to the Court of the Magistrate ; and no such personshall be detained in custody beyond the said period without the authority of aMagistrate. On such production the Magistrate shall without delay direct theperson to be taken before a Juvenile Court estab-lished under sub-section (1) ofsection 36 of the Madras Children Act, 1920. The person shall then be dealt withunder the provisions of that Act as modified by the provisions of thissection.'"

IV

MODIFICATIONSTO THE NINTH SCHEDULE TO THE PRINCIPAL ORDER.

Afterthe direction relating to section 43 of the City of Bombay Police Act, 1902(Bombay Act IV of 1902), insert--

"Section87.

Omitsub-section (2)".

SCHEDULEB

(SeeParagraph 8.)

Schedulesto be added after the Tenth Schedule to the Principal Order.

ELEVENTHSCHEDULE TO TWENTY SECOND SCHEDULE

(Incorporated in C. O. 4 at pp. 171-240, Supra.)




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