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REGISTERED No. L. 3131.

TheGazetteofIndia

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, THURSDAY, APRIL 1, 1937

GOVERNMENT OF INDIA.

REFORMS OFFICE.

NOTIFICATIONS.

New Delhi, the 1st April 1937.

No. F. 5/11/37-G. (A).—The following documents are published for

general information: —

(1) Letters Patent constituting the office of the Governor-General

of India;

(2) Commission appointing the Most Honourable the Marquess of Linlithgow, K.T., G.M.S.L, G.M.I.E., O.B.E., to be Governor-General of India and Crown's Representative; and

(8) Instrument of Instructions to the Governor-General of India,

INDIA.

LETTERS PATENT passed under the Great Seal of the Realm

constituting the office of Governor-General of India.

Dated 6th March 1997.

GEORGE THE SIXTH by the Grace of God of Great Britain Ireland and of the British Dominions beyond the Seas King Defender of the Faith Emperor of India:

To all to whom these Presents shall come

GREETING:

WHEREAS by section 8 (1) of the Government of India Act, 1935

(hereinafter referred to as "the Act"), it is enacted that the Governor- General of India is appointed by Us by a Commission under Our Sign Manual:

AND WHEREAS by the Act it is further enacted that the Governor- General has all such powers and duties as are conferred on him by or

( 1 )

For correct paging of this Gazette read 143 to 674 instead of 1 to 532 as printed.

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under the Act and such other powers belonging to TJs, not being powers oonnected with the exercise of the functions of tho Crown in its relations with Indian States, as "We may be pleased to assign to him:

AND WHEREAS We are minded to make permanent pro-vision for the office of Governor-General of India:

Now, THBREFonB, We do deolare Our Will and Pleusure to be as follows:—

1. We do hereby constitute, order and declare that there shall be a Governor-General oi India.

2. And We do hereby authorise and empower our Governor-Goneral in Our name and on Our behalf to grant to any offender convicted in the exercise of its criminal jurisdiction by any Court of Justice within Our territories in India a pardon, either free or subject to such lawful con- ditions as to him may seem fit.

8. And We do hereby delegate to Our Governor-General authority and power to grant in Our name or on Our behalf Commissions in Our Naval Forces, Our Indian Land Forces and Our Indian Air Force.

4. After Part XIII of, and the Ninth Schedule to, the Act shall have ceased to have effect, one of Our Principal Secretaries of State may grant to Our Governor-General once during his term of office leave of absence from India for urgent reasons of public interest or of health or of private affairs. Such leave of absence shall not exceed four monthw in duration, unless Our Secretary of State shall seo fit to extend the period so granted, in which case he shall set forth the reasons for the extension in a minute to be signed by himself and laid before both Houses of Parliament.

6. And We do hereby require and command all Our officers, civil and military, and all other the inhabitants of Our territories in India to be obedient, aiding and assisting unto Our said Governor-General.

6. And We do hereby reserve to Ourselves, Our heirs and successors, full power and authority from time to time to revoke, alter or amend these Our Letters Patent as to ITs or them shall seem meet.

7, Our Governor-General shall mate public in India these Our Letters Patent in such manner as to him may seem fit.

IN WITNESS whereof We have caused these Our Letters to he made Patent. Witness Ourself at Westminster the Fifth day of March h* the First year of Our Eeign.

By Warrant under the King's Sign Manual,

Sohuater.

INDIA.

OOMMISSIOH passed under the Royal Sign Manual and Signet appoint-

ing The Most Honourabla the Marquess ol Linlithgow, K.T.,

G.M.S.I., O.M.I.E., O.B.E., to be Governor-General of India and

Orown'a Representative.

Dated 8th March 1937. GEOBGE E.I.

GEORGE THE SIXTH by the Grace of God of Great Britain Ireland and of the British Dominions beyond the S©as King Defender of the Faith Emperor of India:

To Our .Bight Trusty and Itight Well Beloved Cousin and Counsellor VIOTOII ALKXANDKH JUUN H(JI>H MARQUKBS OV LIWUTHQOW Knight of the Moat Ancient and Most Noble Order of the Thistle Grand Master and First and Principal Knight of Our Most Exalted Order of the Star of India Grand Muster and First and Principal Knight Grand Commander of Our Most Eminent Order of the Indian Empire Officer of Our Moat Excellent Order of the British Empire.

GREETING:

I. We do by this Our Commission undor Our Sign Manual appoint you the said Victor Alexander John Hope Marquess of Linjithgow to be during Our pleasure Our Governor-General of India and Our liepresenta- tive ior the exercise of Our functions in Our relations with Indian States with all the powers rights privileges and advantages to the said offices belonging or appertaining.

II. And We do hereby declare that so long as you shall hold the said offices you shall while in India bear in addition to the styles and titles of the said offices the stylo and title of "Our Viceroy".

III. And We do hereby authorise empower and command you to exercise and perform all and singular the powers and directions contained in certain Letters Patent under the Groat Seal bearing date at West- minster the Fifth day of March 1987 making provision tor the offices of Governor-General and of Our .Representative or in any other Letters Patent adding to amending or substituted for the same according to such Orders and Instructions as Our Goveraor-Qeueral and Our Representative for tho tirno being have already received, or os you may hereafter receive from Us or from one of Our Principal Secretaries of State.

IV. And furthor We do hereby appoint that this Our present Com- mission shall supersede tho Warrant under the Sign Manual of His former Majesty King Edward tho Eight bearing date tho Tenth day of March 1930 appointing you the said Victor Alexander John Hope Marquese of Linlithgow to be Our Govornor-General of India.

V. And We do hereby command all and singular Our officers and loving subjects in India and aU others whom it may concern to take due notice hereof and to give their ready obedience accordingly.

GIVEN at Our Court at Buckingham Palace the Eight day of March

1937 in the First year of Our Beign.

By His Majesty's Command,

Zetland.

INDIA.

INSTRUCTIONS passed under the Royal Sign Manual and Signet to the

Governor-General ol India.

Dated 8th March 1937. GEORGE &. I.

INSTRUCTIONS TO Om: GOVBENOE-GENERAL OF INDIA.

GIVEN at Our Court at Buckingham Palace the Eighth day of March 1987 in the First year of Our Boign.

WHEREAS by Letters Patent bearing date the fifth day of March Nine- teen hundred and thirty-seven. We have made permanent provision for the office of Governor-General of India:

AND WHEREAS by thoso Letters Patent and by the Government of India Act, 1985 (hereinafter called "the Act") certain powers, functions and authority for the Government of India aro declared to be vested in the Gcvernor-General:

AND WHEREAS His lale Majesty King George V did before tho enact- ment of the Act issue certain Instructions under His Eoyul Sign Manual to Our said Governor-General bearing date the fifteenth day of March nineteen hundred and twenty-cne, and did subsequently amend tho name:

AND WHKREAB the impending commencement of Part III of the Act has rendered it necessary to revoke tho, said Instructions:

AND WUEBEAS without prejudice to the provision in the Act that our Governor-General shall be under tho general control of and comply with such particular directions, if tuiy, as may from time to time bo given by Our Secretary of State and to the duty of Our Governor-General lu give effect to any Instructions so received, We nee minded to make general provision regarding the manner in which during the operation of the pro- visions of Part XIII of the Act Our paid Governor-General shall execute all things which according to the Act and the said Letters Patent belong to his office and to tbo trust which we have reposed in him:

Now, THEREFORE, We do by these Our Instructions under Our Royal Sign Manual hereby revoke tho aforesaid Instructions and declare Our pleasure to bo as follows: —

A.—INTRODUCTORY.

I. Under these Our Instructions, unless the contoxt otherwise require, the term "Governor-General" BIIEII include every person for the time being acting as Governor-General according to the provisions of the Act.

II, Our Governor-General shall, with all due solemnity, cause Our Ci/inmiyaion under Our Eoyal Sign Manual appointing him to be read find published in the presence of the Chief Justice of India for the time being or, in his absence, other Judge of the FVdertil Court, and of BO many of tha members of the Executive Council of Our Governor-General as may conveniently be assembled.

l i t. Our Governor-General shall take the oath of allegiance and the

oath for the due execution of the office of Our Governor-General of India and for the due and impartial administration of justice, in the form hereto appended, which oaths Ihe fluid Chief Justice or, in his absence, any Judge of the Foderal Court, shall, and is hereby required to, tender and administer unto him.

IV. And We do authorise and require Our Governor-General by himself or by any other person to be appointed by him in that behalf to administer to every person appointed by Us or by the Governor-General in Council to be a member of the Governor-General's Executive Council and to every person appointed by him to be a Chief Commissioner the oaths of allegiance and of office and of secrecy hereto appended.

V. And We do further direct that evory person who under these Instructions shall be required to take an oath inny make an affirmation in placo of an oath if he has any objection to making tin oath.

VI. The provisions of the last four preceding paragraphs shall not apply to any person holding office at the date of the commencement of Part III o{ the Act,

B . —IN REGARD TO THE ExKOUTIVE AUTHORITY OP THE GOVERNOR-GENERA),

IN COUNCIL.

VII. It is Our will nnd pleasure that Our Governor-General shall use all endeavour consistent with tho fulfilment of his responsibilities to Us trad to Our Parliament for the welfare of Our Tndiun subjects, that the administration of the mailers committed to tho charge of Our Governor- General in Council mny be conducted in harmony with the wishes of Our said subjects as expressi d by their representatives in the Indian Legisla- ture so far as the samo shall appear to him to be just and reasonable: and shall so order the administration of his government as to further the policy of the Act for its conversion into n federation of all India.

0 Ifl- REGARD TO KELATIONS BETWEEN TnE GOVERNOR-GENERAL IN COUNCIL

AND THE PROVINCES.

VIII. Whereas it is expedient for the common good of British India that the authority of Our Governor-General in Council and of the Indian Legislature in those matters which are by law assigned to them should prevail:

And whereas at the same time it is the purpose of the Ant that the Governments and Legislatures of the Provinoos should bo free in their own sphere to pursue thedr own policy:

And whereas in the interest of tho harmonious co-nporation of the several members of the body politic, the Act has empowered Om Governor- General to exercise, at his discretion, certain powera affeoting the relations between his Government and the Provinces:

It la Our will and pleasure that Our Govern or-Gen oral in the exercise of these powers should give unbiased consideration as well to the views of the Governments of the Provinces as to those of hia^ own Government whenever those views are in conflict and, in particular, when it falls to him to exercise his power to issue orders to the Governor

of u Province for the purpose of Securing that the exeoutive authority of the Governor-General in Council is not impeded or prejudiced, or his power to dotermino -whether Provincial law or Central law shall regulate rt mutter in the sphero in which both Legislatures have power to make laws.

IX. It is Our desire that Our Governor-General shall by all reasonable means encourage consultation with a view to common action between hit; Government and the Provinces and between the Provinces themselves. It is farther Our will and pleasure that Our Governor- Goneral shall endeavour to secure the co-operation of the Provinoial Governments in the maintenance of such Central agencies and institu- tions for research us may servo to assist the conduct by Provincial Govern- ments oi their own affairs.

X. In particular We require Our Governor-General before giving his previous sanction to any legislative proposal which it is proposed to introduce in the Indian Legislature for the imposition or variation of taxes or duties by which the revenues of the provinoial Governments are or may be directly affected or for varying the meaning of the expression "agricultural iucome," or for alteration of the principles on which under the provisions of the Act moneys are or may be distributed to the Provinces, to ascertain by the method which appears to him best suited to the circumstances of each case the views of those Governments upon the proposal.

XI. Beforo /granting his previous sanction to the introduction into the Indian Legislature of any Bill or amendment wherein it is proposed to authorise the Governor-General in Council to give directions to a Province as to the carrying into execution in that Province of any Act of the Indian Legislature relating to a matter specified in Part U. of the Concurrent Legislative List appended to the Act, it is Our will and pleasure that Our Governor-General shall take care to see that the Governments of the Provinces which would be affected by any such measure have been duly consulted upon the proposal, and upon any other proposals which may be contained in any such measure which involve the imposition of expenditure upon the rovenuos of the Provinces.

XII. In considering whether he shall give his assent to any Provincial law relating to a matt or enumerated in the Concurrent Legislative List, which has been reserved for his consideration on the ground that it contains provisions ropugnant to the provisions of an Act o£ the Indian Legislature, Uur Governor-General, while giving full consideration to the proposals of the Provincial Legislature, shall have due regard to the importance of preserving substantially unimpaired the uniformity of low which the Indian Codes have hitherto embodied,

13.—MATTERS AFFECTING THE LBOIHIJATUEE.

XIII. Without prejudice to the generality of his powers as to reserva- tion of Bills, Our Governor-General shall not assent in Our name, to, but shall reserve for the signification of Our pleasure, any Bill of any of the classes heroin specified, that is to say:—•

(a) any Bill the provisions of which would repeal or be repugnant to the provisions of any Act of Parliament extending to British India;

(b) any Bill which in his opinion would, if it became law, BO derogate from the powers of the High Court of any Province as to endanger the position which those Courts arc by the Act designed to fill;

(c) any Bill regarding which he feels doubt whether it does, or does not, offend against the purposes of Chapter HI, Part V, or section 299 of the Act;

(d) any Bill passed by a Provincial Legislature and reserved for his consideration which would alter tho character of the Per- manent Settlement,

XIV. It is further Our will and pleasure that in pursuance of the Agreement made between TTs and His Exalted Highness the Nizam of Hyderabad as contemplated m Part HI of the Act, Our Governor-General in deolaring his assent in Our namo to any Bill of the Legislature of the Central Provinces and Berar which has been reserved for his consideration, shall declare that his assent to the Bill in its application to Berar has been given by virtue of the Agreement between Us and His Exalted Highness the Nizam.

E.—GBNEHAT,.

XV. And generallv Our Govern or-General shall do all that in him lies to maintain standards nf good administration; to promote all measures making for moral, social and economic wclfaro and tending to fit all classes of tho population to take their due Bharo in public life; and to secure amongst all clauses and creeds ro-operation, goodwill and mutual respect for religious beliefs and sentiments; and ho shall further have regard to this Instruction in the exercise of the powers by law conferred upon him in relation to matters whether of legislation or of executive government.

XVI. And finally it is Our will and pleasure that Our Governor- General should so exercise the trust reposed in him that the partnership between India and the Trn'ted Kingdom within Our Empire may be furthered, to the end that India may attain its due place among our Dominions.

XVTT. And We do hereby charge Our Governor-General to communi- cate these Our Instructions to the Members of his Executive Council and to publish the same in such manner as he may think fit.

APPENDIX.

FORM OF OATH OF ALLEGIANCE.

I,

, do swear that I will be faithful and bear true allegiance to His Majesty, King George the Sixth, Emperor of India, His Heirs and Successors, according to Law.

So help me God.

FORM OF OATH OP OFFICE.

I,

, do swear that I will faell and truly serve Our Sovereign, King George the Sixth, Emperor . and that of India, in the Office of I will do right to all manner of people after the laws and usages of India, without fear or favour, affection or ill-will.

So help me God.

FORM OF OATH OF SKCREOY FOH EXECUTIVE COUNCILLORS.

I,

, do swear that I will not directly or indirectly communicate or reveal to any peraon or persons any matter which shall be brought under my consideration, or shall become known to mo as a member of the Governor-General's Executive Counoil, except ae may be required for the duo discharge of my duties as such member, or us may bo specially permitted by the Governor-General.

So help me God.

E, CONBAN-SMTTH,

Joint Secy, to the Govt, of India.

No. F. 6/12/37-a. (A.).—The following Orders of the King's Moat Excellent Majesty in Council are published for general information :—

(1) The India and Burma (Burma Monetary Arrangements)

Order, 3937.

(2) The Government of India (High Court Judges) Order, 1981,

(3) Tho India and Burma (Transitory Provisions) Order, 1937.

(4) The Government of India (Adaptation of Acts of Parlia-

ment) Order, 1937.

(5) The Government of India (Adaptation of Indian Laws)

Order, 1937.

(6) The Government of Burma (Miscellaneous Financial Pro-

visions) Order, 1937.

(7) The India and Burma (Trade Emulations) Order, 1987.

(8) The Government of Burma (Immigration) Order, 1937.

(9) The India, Burma and Aden (Transitory Provisions) (Taxa-

tion) Order, 1937.

THE INDIA AND BURMA (BURMA MONETARY

ARRANGEMENTS) ORDER, 1987.

AT THE 00[JET AT BUCKINGHAM PALACE,

The 18th day of March, 1937.

FEESENT:

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

Whereas by section one hundred and fifty-eight of the Government of India Act, 1935, (in this Order referred to as "the India Act") His Majesty in Council is empowered to make such provision as may appear to him to be nocesaary or proper for defining and regulating the relations between tho monetary systems of India and Burma and for purposes connected with or ancillary to those purposes, and in particular, but without prejudice to the generality of that section, such provision as may appear to him to be necessary or proper for the purpose of giving effect to any arrangements with respect to the said

matters made before the commencement of Part 111 of the India Act with the approval of the Secretary of State by the Governor of -Burma in Council with the Governor-General in Council:

And whereas by section one hundred and thirty-seven of the Government of Burma Act, 1935, (in this Order referred to as "the Burma Act") His Majesty in Council is empowered to make such provision with respect to the monetary system of Burma and matterB connected therewith or ancillary thereto as he thinks fit, and in parti- cular, but without prejudice to the generality of that section, such provision as may appear to him to bo necessary or proper for the pur- pose of giving effect to any arrangements with respect to the said matters made before the commencement of the Burma Act with the approval of the Secretary of Htatc by the Governor of Burma in Council :

And whereas certain arrangements have been made with the approval of tho Secretary of State between the Governor-General in Council and the Governor of Burma in Council with respect to the relations between the monetary systems o£ India and Burma after the separation of Burma from India :

And whereas by section two hundred and ninety-three of the India Act His Majesty in Council is empowered to provide that any law in force in British India shall, until repoaled or amended by a competent Legislature or other competent authority, havo effect subject to such adaptations and modifications as appear to His Majesty to be necessary or expedient for bringing the provisions of that law into accordance with the provisions of the India Act :

And whereas by section one hundred and forty-nine of the Burma Act His Majesty in Council is empowered to provide that any law in force in Burma shall, until repealed or amended by the Legislature or other competent authority, have effect subject to such adaptations and modifications as appear to His Majesty to be consequential on the sepa- ration of India and Burma :

And whereas a draft of this Order has been laid before Parliament in accordance with the provisions of subsection (1) of section three hundred arid uine of the India Act and subsection (1) of section one hundred and fifty-seven of the Burma Act, and an addrens has been presented to His Majesty by both Houses of "Parliament praying that mi Order may be made in the terms of this Order :

Now, therefore, His Majesty, in the exercise of the powern con- ferred on him oa aforesaid and of all other powers enabling him in that behalf, is pleased by and with the advice of His Privy Council to order, and it is hereby ordered, as follows :•—

PART I.

Introductory.

1. This Order may bo cited as the India and Burma (Burma Monetary Arrangements) Order, 1937.

2. In this Order, unless the context otherwise requires,—

"the Bank" means the Reserve Bank of India;

"the Governor-General" paeans the Governor-General of India;

"India rupee coin" means silver rupees which are for the time

being legal tender in British India;

"India subsidiary coin" means coin of a lower denomination than one rupee which is for the time being legal tender in British India;

"India notes" means currency notes of the Government of India

and bank notes of the Bank, other than Burma notes;

"Burma notes" means the Burma bank notes and the over-

printed currency notes of the Government of India, for the issue of which by the Bank provision is made in Part II of this Order;

"the Reserve Bank Act" means the Reserve Bank of India Act,

1934; '

"separation" means the separation of India and Burma;

"legal tender", in relation to a note, means legal tender in payment or on account for the amount expressed therein:

and other expressions have the same meaning as in the Reserve Bank Act.

3. The Interpretation Act, 1889, applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

4. Unless the context otherwise requires, any reference m this Order to, or to any provisions of, the Reserve Bank Act nhall be construed as a reference to that Act or those provisions as for the time being in force in India, and any referenco in this Order to, or to any provisions of, any other Act shall be construed as a refereuce to that Act or those provisions as for the time being in force in India or as for the time being in force in Burma, as the context and tho circumstances may require; and if any such Act or provisions bave been repealed and re- enacted, either with or without modifications, any reference thereto in this Order shall be construed as a referenco to the re-onacted Act or provisions as in force as aforesaid.

6.—(1) This Order shall come into force on eeparatiou.

(2) As respects the period between separation and tho establishment of the Federation of India, references in this Order to the Governor- General shall be deemed to be references to tho Governor-General in Council,

3 A

PAET H.

Provisions to have effect as part of the Law of Burma.

General.

1. The provisions of this Part of this Order shall have effect as part of the law of Burma.

2. The Bank shall manage the currency of Burma and continue to carry on the business of banking in Burma, subject to the provisions of this Part of this Order.

3.—(1) Until the Governor of Burma otherwiHe determines, the standard monetary unit of Burma shall be the Indian rupee.

(2) If the standard monetary unit of Burma ceases to be the Indian rupee, any provisions of this Part of this Order which refer to values stated in terms of rupees shall have effect subject to such consequential adaptations as may be prescribed by Act of tho Legislature.

Provisions as to Government Money, .etc.

4.—(1) The Bank shall accept moneys for account of the Govern- ment of Burma, make payments up to the amount standing to the credit of its account, carry out its exehango, ro.mitta.nce and. other banking operations, including tho management of tho Public Debt, and generally afford to it similar facilities to those which tho Bank affords to the Governor-General.

(2) The Government of Burma shall entrust the Bank with all its money, remittance, exchange and banking transactions in Burma aiv"¹ in particular shall deposit all its cash balances with tho Bank free of interest:

Provided that nothing in this sub-paragraph shall prevent the Government of Burma from carrying on monev transactions at places where the Bank has no branch or agency and from holding at those places such balances as it may require.

(8) The Government of Burma shall ontruwt the Bank with the management of the Public Debt of Burma and with the issue of any new loans.

(4) The conditions on which the Bank shall perform the functions mentioned in this paragraph shall be the same as those regulating similar transactions between the Governor-General and the Bank, subject, however, to such adaptations and modifications as may be agreed upon between the Government of Burma and the Bank or as may, in default of agreement, be prescribed by the Governor of Burma.

Particulars of any such adaptations or modifications shall be laid

as soon as may be before both Chambers of the Legislature.

(5) The provisions of this paragraph apply with any necessary modi- fications in relation to the Federal Fund of the Federated Shan States :

Provided that the adaptations and modifications to he agreed or prescribed under sub-paragraph (4) of this paragraph shall bo separately agreed or prescribed in relation to the Federal Fund ;md there shall be no necessity for particulars of those adaptations or modifications to be laid before either Chamber of the Legislature.

5. The Bank shall not refuse to accept the moneys, and undertake the functions, which the Railway Board is by the Burma Act required to entrust to it.

Bank and Currency No tea.

fl.—(1) The Bank shall as soon as may be after separation issue bank notea of distinctive design, to be known an "Burma bnnk notes"

(2) Burma bank notes shall be expressed in terms of the standard monetary unit of Burma and shall be of such denominational values as the Governor of Burma may determine after consultation with the Central Board.

(3) The design, form and material of Burma bank notes shall be such as may be prescribed by the Governor of Burma after consultation with the Central Board.

(4) During the period of twelve monl.liH immediately following separation the Bank may, in lieu of issuing Burma bank notes, or Burma bank notes of any particular denomination, issue currency notes* of the Government of India overprinted with the words "Legal tender in Burma only" :

Provided that the said period may from lime to time be extended, either generally or in relation to notes of particular denominations, by the Governor of Burma after consultation with the Central Board.

7.—(1) Burma notes shall be legal tender in Burma -.

Provided that on the recommendation of the Central Board the Governor of Burma may by notification in the G-a/ette of Burma, declare that with effect from such date as may be specified in the notification any series of Burma notes of any denomination shall cease to be legal tender save at an office or agency of the Bank.

(2¹ India notes shall continue to be legal tender in Burma for such period or periods, not being less than two years from separation, as the Governor of Burma may determine, or for such shorter period or

periods as may be agreed between the Governor of Burma and the Bank, and thereafter such notes shall continue to be accepted at par at such places and for such further period or periods as may be deter- mined by the Governor of Burma after consultation with the Bank ;

Provider) that Jndia notes which have ceased in India to be legal tender save at an office or agency of the .Bank shall not in Burma be legal tender wave at an office or agency of the Bank.

(31 The Bank shall not re-issue Burma notes which are torn, defaced or excessively soiled.

8.—(1) Notwithstanding anything contained in any enactment or rule of law to the contrary, no person Rhall of right be entitled to recover from the Bank or the Government of Burma the value of any lost, stolen, mutilated or imperfect India note or Burma note.

(2) The Bank may with the previous sanction of the Governor of Burma prescribe the circumstances in which, and the conditions and limitations subject to which, the value of lost, stolen, mutilated or imperfect Burma notes may be refunded aH of grace and the rules made under tliis sub-paragraph shall be laid on the table of both Houses of the I legislature.

C3) The value of lost, stolen, mutilated or imperfect India notes may bo refunded as of grace in Burma in the circumstances and subject to the conditions and limitations prescribed for the time being in that behalf as respects British India under section twenty-eight of tho Reserve Bank Act.

9.—(11 The Bank shall have the sole right to issue bank notes in Burma and the Government of Burma shall not issue any currency notes.

(2) No person in Burma other than the Bank shall draw, accept, make or issue any bill of exchange, hundi, promissory note or engage- ment for the payment of money payable to bearer on demand, or borrow, owe or take up any sum or sums of money, on the bills, hundis, or notes payable to bearer on demand of any such person ;

T'rovided that cheques or drafts, including hundis, payable to bearer on demand or otherwise may be drawn on a person's account with a hanker, shroff, or agent.

(3) Any person contravening the provisions of the last preceding sub-paragraph shall bo punishable with fine which may extend to the amount of the bill, hundi, note or engagement in respect whereof the offence is committed; but no prosecution under this sub-paragraph shall be instituted except on complaint made by the Bank.

10.—(1) India rupee coin and India subsidiary coin shall continue l.o be legal tender in Burma to the like extent and. subject to the same conditions as immediately before separation for such period or periods, uot expiring, in the case of any class of coins, sooner than two years from the introduction of corresponding Burma coins, as the Governor of Burma may determine, or for such shorter period or periods as may be agreed between the Governor of Burma and the Bank, and thereafter shall continue to be accepted at par at such places and for such further period or periods as may be specified by the Governor of Burma after consultation with the Bank :

Provided that India rupee, coin shall not cease to be legal tender

in Burma as aforesaid so long as under the provisions of this Part of thi-i Order the Bank is bound to issue such coin on demand in Burma in exchange for legal tender notes.

(%) No Burma coins shall be issued except in pursuance of an Act

of the Legislature, and so long as under the provisions of this Part of this Order the Bank is bound to issue .India rupee coin nn demand in Burma in exchange for legal tender notes, no Burma coins shall be issued of the same value as, or of greater value than, the India rupee.

(3) Any Burma coins issued shall on demand be supplied by the Governor of Burma to the Bank against payment of their nominal value in such quantities as will, in. the opinion of the Bank, be required for circulation in Burma, and the Governor of Burma shall not put any coins into circulation in Burma except through the Bank in pur- suance of a demand made under this sub-paragraph.

The Bank may deliver to the Governor of Burma any Burma coins which will not in its opinion be required for circulation in Burma against payment of their nominal value, and no Burma coins shall be disposed of by the Bank otherwise than for the purposes of circulation or by delivery to the Governor of Burma under this sub-paragraph.

(4^ It shall be the duty of the Governor of Burma to send as soon an may be to the Governor-General notice of any proposal to introduce any Burma coins.

11-—(1) Until the Governor of Burma otherwise determines, the Bunk shall on demand issue India rupee coin in exchange for legal tender notes.

(!2) The Bank shall on demand issue legal tender notes in exchange

for legal tender coins.

(3) The Bank shall in exchange for legal tender notes of five mpees or upwards supply legal tender notes of lower value or legal tender coins in such quantities as may in the opinion of the Bank be required for circulation.

(£) If the Governor-General or, as the case may be, the Governor of Burma, at any time fails to supply coins to the Bank, the Bank shall be released from its obligations under this paragraph to supply such coins to the public.

12. Gold coins, coined at His Majesty's Royal Mint in England or at any mints established in pursuance of a proclamation of His Majesty as a branch of Hiy Majesty's Royal Mint, shall not be legal tender in Burma, but such coins shall be received by the Bank at its offices, brandies and agencies in Burma at the bullion value of such coins calculated at the rate of 8-47512 grains troy of fine gold per rupee.

13. The Indian Coinage Act, 1906, shall, until other provision is made by Act of the Legislature, have effect in Burma subject to the adaptations and modifications specified in Part I of the First Schedule to this Order and the enactments specified in Part II of that Schedule shall cease to have effect as part of the law of Burma :

Provided that nothing in this paragraph shall be construed as affect- ing the operation of any provision of this Part of this Order relating to the extent to which and the conditions subject to which India coins are to be legal tender in Burma.

Duties of Bank as to Exchange,

14.—(1) The Bank shall sell to any person who makes a demand in that behalf at ita office in Rangoon, and pays the purchase price in legal tender currency, sterling for immediate delivery in London at a rate not below one shilling and five pence and forty-nine sixty-fourthf of a penny for a rupee :

Provided that no person shall be entitled to demand to buy an amount of sterling less than ten thousand pounds.

(2) The Bank shall buy from any person who makes a demand in that behalf at its office in Rangoon sterling for immediate delivery in London at a rate not higher than one shilling and six pence and three- tdxteenths of a penny for a rupee :

Provided that—

(a) no person shall be entitled to demand to sell an amount of

sterling less than ton thousand pounds;

(b) no person shall be entitled to receive payment unless the Bank is satisfied that payment of the sterling has been made in London.

(3) The Bank shall provide any person who makes a demand in that behalf with remittance between its office in Rangoon and such

office or offices in India as may be prescribed by the Central Board, in Buck amounts, at such fixed rate of exchange and subject only to each rate or rates of commission, as may be approved by the Governor- General and the Governor of Burma :

Provided that so long as the Bank is bound under this Part of this Order to issue on demand India rupee coin in exchange for legal tender notes, the rate of exchange shall be par.

Control of Scheduled Banks, etc.

15.—(1) Every Burma scheduled bank as denned in this paragraph shall maintain with the Bank a balance, the amount of which shall not at the close of business on any day be less than five per cent, of the demand liabilities, and two per cent, of the time liabilities, of that bsrik in Burma as shown in the latest return made under sub-paragraph (2) of thiH paragraph.

For the purposes of this paragraph the liabilities of a Burma scheduled bank do not include its paid-up capital or reserves or any credit balance in its profit and loss account or the amount of any loan taken by it from the Bank.

(2) Every Burma scheduled bank shall send to the Bank a return

signed by two responsible officers of the scheduled bank showing—

(a) the amounts of its demand and tune liabilities respectively

in Burma,

(b) the total amount held in Burma in India notes and Burma

notes respectively,

(c) the amounts, held in Burma in India rupee coin, India sub-

sidiary com and Burma coin respectively,

(d) the amounts of advances made and of bills discounted in

Burma respectively, and

(c) the balance held at the Bank,

at the close of business on each Friday, or where a Friday is a public holiday under tho Negotiable Instruments Act, 1881, at the close of business on the preceding working day, and the return shall be sent not later than two working days after the date to which it relates :

Provided that where the Bank is satisfied that the furnishing of a weekly return under this sub-paragraph is impracticable in the case of any Burma scheduled bank by reason of the geographical position of that bank and its branches, the Bank may require that bank to furnish, in lieu of a weekly return, a monthly return to be dispatched not later than fourteen days after Lhe end of the month to which it relates, giving the details specified in this sub-paragraph in respect of that bank at the close of business for the month.

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(3) If at the close of business on any day before the day fixed for the next return the balance held at the Bank by any Burma scheduled bank is bolow the minimum prescribed in sub-paragraph (1) of thia paragraph, that bank shall be liablo to pay to the Bank in respect of each such day penal interest at the rate of three per cent, above the bank rate on the amount by which the balance with the Bank falls short of the prescribed minimum, and if on tho day fixed for the next return tho balance is still below the prescribed minimum as disclosed by this return, the rate of penal interest shall be increased to a rate five per cent, above tho bank rate, in respect of that day and each subsequent day on which the balance hold at the Bank at tho close of business on that day is below the prescribed minimum.

^4) Any Burma scheduled bank failing to comply with the provi- sions of sub-paragraph (2) of this paragraph shall be liable to pay to the Bank a penalty of one hundred rupees for each day during wliich the failure continues.

(5) The penalties imposed by sub-paragrapha (3) and (4) of this paragraph shall be payable on demand made by the Bank and, in the event of a refusal by the defaulting bank to pay on such a demand, may be levied by a direction of the High Court; but such a direction shall be given only upon application made in that behalf to the Court by the Bank with the previous sanction of the Governor of Burma.

(6) In this paragraph "Burma scheduled bank" means a bank for the time being included in the Second Schedule to this Order; and the Governor of Burma shall, by notification in the Gazette of Burma, direct tho inclusion in the said Schedule of any bank not already in- cluded therein which carries on the business of banking in Burma, and which—

(a) has a paid-up capital and reserves of an aggregate value of

not less than five lakhs of rupees, and

(6) is a company as defined by section two of the Indian Com- panies Act, 1913, or a corporation or a company incorpo- rated by or under any law in force in any place outside Burma,

and shall by a like notification direct the exclusion from the said Schedule of any Burma scheduled bank, the aggregate value of whose paid-up capital and reserves becomes at any timo less than five lakhs of rupees, or which goes into liquidation or otherwise ceases to carry on banking business :

Provided that no bank shall be included in the said Schedule if it is a scheduled bank within the meaning of the Beserve Bank Act.

(7) The Governor of Burma may at any time by notification in the Gazette of Burma amend tho Second Schedule to this Order for the purpose of correcting any misdescription of any bank.

16.—(1) The Bank may require any Burma co-operative bank with which it has transactions under section seventeen of the Reserve Bank Act to furnish such returns as are referred to in sub-paragraph (2) of

the last preceding paragraph, and while such a requirement is in force the provisions of sub-paragraphs (4) and (5) of that paragraph shall apply BO far as may be to that co-operative bank as if it wero a Burma scheduled bank.

(2) In this Part of this Order "Burma co-operative bank" means—-

(a) the principal society in Burma which is registered or deemed to be registered under the Co-operative Societies Act, 1912. and of which the primary object is the financing of the other societies in Burma which are or are deemed to be so registered;

(b) any other central co-operative society declared for the time being by the Governor of Burma to be a Burma co- operative bank for the purposes of this Part of this Order.

Miscellaneous-

17.—(1) The Bank shall not be liable for the payment of any stamp

duty in Burma in respect of Burma notes or India notes.

(2) The Bank shall not be liable to pay Burman income-tax or

super-tax on any of its income, profits or gains :

Provided that nothing in this sub-paragraph shall affect the liability

of any shareholder in respect of Burman income-tax or super-tax.

(3) For the purposes of any provisions of the Indian Income-tax Act, 1922, as in force in Burma, which relate to the levy and refund of income-tax, any dividends paid under section forty-seven of the Eeserve Bank Act shall be deemed to be "interest on securities"-

18.—(1) The Eeserve Bank Act shall cease to be part of the law of Burma, and the status of the Bank shall be that of a corporation existing only by virtue of the law of British India and capable of suing and being sued as such in Burma; and accordingly effect shall be given to the said Act by courts in Burma only in so far as, under the rules and principles of law determining the cases in which law other than Burma law is to be applied in Burma, the proper law to be applied i" the law of India.

(2) Nothing in the Indian Companies Act, 1913, shall apply to the

Bank.

(3) Nothing in this paragraph shall—

(a) revive in Burma the enactments repealed by the Eeserve

Bank Act;

(b) affect, as respects Burma, the amendment made in section eleven of the Indian Companies Act, 1913; by section sixty-one of the Eeserve Bank Act.

19.—(1) If any person in Burma makes a false statement in any declaration furnished by him in pursuance of a requisition under sub- section (1) of section fifty-six of the Eeserve Bank Act, he shall be

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deemed in Burma to have committed the offence of giving false evi- dence denned in section one hundred and ninety-one of the Indian Penal Code and shall be punishable under the second paragraph of section one hundred and ninety-three of that Code.

(2) Nothing contained in any declaration furnished under the said subsection (1) shall operate to affect the Bank with notice of any trust, and no notice of any trust expressed, implied or constructive shall be receivable by the Bank.

20. Keferences in this Part of this Order to the Central Board shall, in the event of the supersession of that Board under section thirty of the lieserve Bank Act, be construed as references to the agency to which the general superintendence and direction of the affairs of the Bank are entrusted under that flection.

21.—(1) Subject to the provisions of this paragraph, this Part of this Order shall cease to have effect on the expiration of two years from the date on which a, notice determining the operation thereof is given to the Governor-General by the Governor of Burma or to the Governor of Burma by the Governor-General, so, however, that no such notice shall be given before the thirty-first day of March, nineteen hundred and thirty-eight :

Provided that, if in the opinion of the Governor of Burma the Bank fails to fulfil any of the obligations imposed upon it by this Part of this Order, or if the Reserve Bank Act is amended in any manner which in the opinion of the Governor of Burma is seriously prejudicial to the interests of Burma, the Governor may give notice to the Gover- nor-General determining the operation of this Part of this Order at any time, and that notice shall take effect on such date as may bo specified therein.

(2) The expiration of this Part of this Order shall not revive any enactment which has ceased to be in force as part of tho law of Burma and shall not affect the provisions of this Part of this Order declaring that the status of the Bank is to be that of a corporation existing by virtue of the law of British India and declaring the extent to which effect is to be given by courts in Burma to the Reserve Bank Act.

PAUT III.

Provisions to have effect as part of the Law of British India.

1, Until other provision is made by any Act of the Indian Legis- lature or the Federal Legislature, the Reserve Bank Act shall have effect in British India subject to tho adaptations and modifications specified in the Third Schedule to this Order.

2. While Part II of this Order remains in force, it shall be the duty of the Governor-General to send as soon as may be to the (Governor of Burma notice of any proposal to introduce, or move an amendment to, a Bill in the Indian Legislature or the Federal Legislature which affects the coinage or currency of British India or the Federation or the constitution or functions of the Bank.

PART IV.

Adjustments between Governments, etc., and other Miscellaneous

Provisions.

Interpretation of Part IV.

1.—(1) In thin Part of this Order, unless the context otherwise

requires—

"note ratio fraction" for a specified period means the fraction of which the denominator is the average amount of the India notes and Burma notes shown as being in circulation in the weekly accounts of the Bank relating to dates falling within that period, and the numerator is the average amount of the Burma notes shown as being in circulation by those accounts;

"the appropriate fraction" means, in relation to the transitional period, the note ratio fraction for the last year of that period and, in relation to any subsequent financial year, the note ratio fraction for that year;

"Governor-General's bank profits" in relation to any period

means the sum of—

(a) any amounts paid in that period to the Governor-General by the Bank under section forty-seven, or subsection (2) of section thirty-seven, of the Reserve Bank Act, and by the Issue Department under subsection (2) of section thirty-four of that Act, and

(b) any other profits accruing in that period to the Governor- General by reason of any revaluation of the gold held by the Bank,

less any amount debited to the Ciovernor-General in that period under subsection (2) of the said section thirty-four;

"silver proceeds" and "silver deficiency" in relation to any period mean the amount by which the net receipts of the Governor-General for that period from sales of silver exceed or, as the case may be, fall short of the sums expended by him for that period on purchases of silver, atid for the purposes of this definition any transfer of India rupee coin under section thirty-six of the Reserve Bank Act shall be deemed to be a purchase or sale, as the case may be;

"gold" and "silver" mean respectively gold coin and gold bullion

and silver coin and silver bullion;

"the Burma debt to India" means any liabilities imposed on the revenues of Burma under section one hundred and thirty-four of the Burma Act;

"the transitional period" means the first three financial years

after separation :

Provided that if it appears to the Governor of Burma at the end of the said three years that India notes are still returning from circulation in Burma to a considerable extent, the Governor of Burma may, within one month after the end of the said three years, give notice to the Governor-General that the transitional period is to continue and it shall continue accordingly until the end of the financial year in which in the opinion of the Governor of Burma the amount of India notes returning from circulation in Burma has become negligible.

(2) If, during the transitional period or during a financial year, either of the following events occurs, that is to Bay—

(a) Part II of this Order expires, or (b) Burma coins intended to supersede India rupee coin in Burma

are put into circulation,

then, for the purposes of any provision of this Order relating to, or coming into effect on the expiration of, a period which ceases on the happening of that event, any reference in this Part of this Order to the transitional period or to that year shall be construed as a reference to so much thereof as precedes the happening of the event.

(3) For the purpose of computing the silver proceeds or the silver deficiency for any period, the Governor-General Khali, in respect of any silver sold by hirn in India, be taken to have received either—

(a) the rupee equivalent at the rate of exchange of the day of the London price of silver at the time when the contract waa made, after deducting any brokerage and other charges or rebates actually incurred by the Governor-General in effecting the sale, or

(6) the actual sum received by him after deduction of any such brokerage and other charges or rebates and of any import duty on silver in force at the time when the contract wafl made,

whichever is the greater.

Beferences in this sub-paragraph to the date when the contract waa made shall, in relation to rupee coin delivered to the Bank under eub- eection (2) of section thirty-six of the Beservo Bank Act, be construed as references to the date of the delivery of the coin.

Division of Governor-General's Banl( Profits during the currency oj

Part IT.

2.—(1) This paragraph shall have effect in relation to the period during which Part II of this Order is in force.

(2) At the end of the transitional period and of each subsequent financial year there shall be paid by the Governor-General to the Gov- ernment of Burma the appropriate fraction of the Governor-General's bank profits for that period, or, as the case may be, that year.

(3) During the transitional period, the Governor-General shall pay

to the Government of Burma the following sums on account—

(a) at the end of the first year, a sum ascertained by applying to the Governor-General's bank profits for that year the note ratio fraction for the last month thereof;

(6) at the end of the second year, such sum as will, with the previous payment on account, amount to a sum ascertained by applying to the Governor-General's bank profits for the first two yeara the note ratio fraction for the last month of the second year,

and ao on at the end of each year except the last year.

(4) Notwithstanding anything in this paragraph, a0 much of any sums payable to the Government of Burma thereunder as is ascribahle to dealings by the Bank in gold or the revaluation of the Bank'ft holding of gold shall in lieu of being paid to the Government of Burma be credited as a capital payment in reduction of the Burma debt to India; and if in any financial year subsequent to the transitional period the proportion of the Governor-General's bank profits which is ascribable to dealings by the Bank in gold or the revaluation of the Bank's holding of gold is, in the opinion of the Governor-General or the Governor of Burma, exceptionally large, the Governor-General or the Governor, aa the case may be, may, within one month after the end of the year, require that the amount to be credited under tin's sub-paragraph at the end of that year shall be computed by applying to the Governor-Gene- ral's bank profits for that year the note ratio fraction for such period as may be agreed bv the Governor-General and the Governor of Burma, or as may, in default of agreement, be determined by arbitration.

Division of Silver Proceeds ayid Silver Deficiencies pending the st-uper-

session of India rupee coin in Burma.

3.—(1) This paragraph shall have effect in relation to the period beginning on separation and ending on the expiration of Part TI of this Order or on the putting into circulation of Burma coins which are in- tended to supersede India rupee coin in Burma, whichever first occurs.

(2) At the end of the transitional period and of each subsequent financial year there shall be credited as a capital payment in reduction of the Burma debt to India an amount equal to the appropriate fraction of the silver proceeds for that period or, as the case may bo, that year.

(3) During the transitional period there shall be credited a" capital payments in reduction of the said debt the following sums on account of the reduction provided for by the last preceding sub-paragraph—

(a) at the end of the first year, a sum ascertained by applying to the silver proceeds for that year the note ratio fraction for the last month thereof;

(b) at the end of the second year, such sum as will with the sum previously credited on account amount to a sum to be

ascertained by applying to the silver proceeds for the first two years the note ratio, fraction for the last month of the second year,

and eo on at the end of each year except the last year.

(4) If in any financial year subsequent to the transitional period the silver proceeds are, in the opinion of the Governor-General or the Governor of Burma, exceptionally large, the Governor-General or the Governor, as the case may be, may, within one month after the end of the year, require that the amount to be credited under this paragraph at the end of that year shall bo computed by applying to the silver proceeds for that year the note ratio fraction for such period as may be agreed by the Governor-General and the Governor of Burma or as may, in default of agreement, be determined )>y arbitration.

(5) If there is a silver deficiency for the transitional period or for any year or years comprised therein or for any year subsequent thereto, th.e foregoing provisions of this paragraph shall apply in relation to that deficiency as they apply in relation to silver proceeds, except that a debit on capital account shall be made to the Government of Burma in rela- tion to the Burma debt to India instead of a credit, and that, if the deficiency is for the transitional period or for any year or years com- prised therein, the provisions of sub-paragraph (3) of this paragraph shall have effect with such other adaptations as are necessary to secure that, in computing the credits and debits made during and at the end of the transitional period, due account is taken of the creditR and debits previously made during that period.

Division of the Profit and TJOXS on the circulation of Nickel and Bronze

Coins pending the supersession of India nickel and bronze coins in

Burma.

4.—(1) This paragraph shall have effect in relation to the period beginning on separation and ending on the expiration of Part TI of this Order or on the putting into circulation of Burma coinR which are intended to supersede the India nickel and bronze coins in Burma, whichever first occurs.

(2) At the end of each financial year there shall be paid by the Governor-General to the Government of Burma the profit, aR calculated by the Auditor-General of India, on the net amount of the India nickel and bronze coins which are actually passed into circulation in Burma during that year, less the loss, as calculated by the Auditor-General of India, on the destruction of any India nickel and bronze coinR returned from Burma to the Indian Mints in that year and destroyed as not being fit for re-issue.

(3) If in any financial year the amount of India nickel and bronze coins returning from circulation in Burma exceeds the amount of India nickel and bronze coins actually passed into circulation in Burma in that year, the Government of Burma shall pay to the Governor-General the loss attributable to that fact, us calculated by the Auditor-General

of India, together with the loss, as calculated by the Auditor-General of Tndia, on the destruction of any India nickel and bronze coins returned from Burma to the Indian Mints in that year and destroyed as not being fit for re-issue.

Division of Silver Stocks on the supersession of India rupee coin in

Burma.

5. On the expiration of the period in relation to which paragraph three of this Part of this Order has effect, the Governor-General shall transfer to the Government of Burma a proport'on of his stocks of silver to be determined by applying thereto either—

(a) if the transitional period was still current on the day before thin paragraph takes effect, the appropriate fraction for the transitional period ; or

(b) in any other case, the appropriate fraction for the financial

year current on that day :

Provided that if, within one month after that day, either the Governor-General or the Governor of Burma so requires, the fraction to be applied shall be the note ratio fraction for such period as may be agreed botween the Governor-General and the Governor of Burma or as may, in default of agreement, be determined by arbitration.

Disposal of Retired India Coins, and Burma's Share of the Silver

Stocks.

8.—(1) Any India coins retired from Burma (whether from circula- tion, from the Bank's balances, from Treasury balances or from small coin depots) by reason of the introduction of corresponding Burma coins shall be disposed of as follows—

(a) if and BO far as the Governor of Burma so desires and the

Mints in India arc able to undertake the work, they shall be recoined with Burma designs at the Mints in India free of charge, except that any additional expense arising from a material alteration in the numbers and composition of the coins shall be defrayed by the Government of Burma;

(b) any India subsidiary coin not BO recoined shall be delivered to the Governor-General against payment to the. Govern- ment of Burma of its bullion valuo increased by an amount representing the cost to India of coining the same amount of coin in the same form;

(c) any India rupee coin not so recoined shall not be disposed of as coin, but the silver content thereof shall be disposed of in such manner as the Governor of Burma may think fit : Provided that the Governor shall not dispose by. sale of any such silver before the first day of January, nineteen hundred and thirty-eight, otherwise than in accordance with an agreement to be concluded with the Governor-General which shall, among other things, determine, by reference to the respective stocks of silver held by the parties to the

agreement, the maximum amounts to be sold by them respectively in any year.

(2) Sub-paragraph (1) ol tlrs paragraph shall apply in relation to India rupee coin transferred to the Government of Burma under the last preceding paragraph as it applies to retired India rupee coin, and shall apply in relation to silver bullion so transferred as it applies in relation to retired India rupee coin which is not recoined in India thereunder.

Division of Assets and Liabilities on expiration of Part II.

7.—(1) On the expiration of Part II of this Order, the provisions of this paragraph shall take effect except so far as may he otherwise agreed between the Governor-General and the Governor of Burma, or, as the case mav be, between the Governor of Burma and the Bank.

(2) The Bank shall be absolved from all liability in respect of Burma notes and the revenues of Burma shall be liable in respect thereof, and any guarantee thereof of the Government of India shall be deemed to be a guarantee of the Government of Burma; and there shall be transferred from the Issue Department of the Bank to the Government of Burma assets which, as valued for the purposes of the Beserve Bank Act, have together a value equal to the total liability in respect of the Burma notes outstanding on the expiration of the said Part II other than any notes which are deemed for the purposes of this Kiib- paragraph to have gone out of circulat:on.

For the purposes of this and the next succeeding sub-paragraph a note shall be deemed to have gone out of circulation if and only if on the expiration of the said Part IT forty years or more have elapsed since the end of the financial year in which it was issued.

(3) India notes which were immediately before the expiration of Part II of this Order legal tender in Burma or in respect of which legal rights of encashment in Burma existed immediately before that date shall be accepted by the Governor of Burma at par at such places and for such period or periods as may be specified by the Governor of Burma after consultation with the Bank; and there shall from time to time on the demand of the Governor of Burma be transferred from the Issue Department of the Bank to the Government of Burma assets which, as valued for the purposes of the Reserve Bank Act, have together a value equal to the amount of the notes accepted by the Governor of Burma under this sub-paragraph, other than notes which are deemed for the purposes of this sub-paragraph to have gone out of circulation.

(4) Any assets transferred under this paragraph shall include gold, sterling securities, India rupee coin and rupee securities in the propor- tions in which assets of those classes respectively were, immediately before the expiration of Part II of this Order, held by the Issue Depart- ment of the Bank :

Provided that unless the Governor of Burma otherwise agrees—

(a) the securities so transferred shall not include any trade bills

originating in India;

(b) the total amount of rupee trade bills and the total amount of sterling trade bills transferred shall not bear to the total amount of the securities transferred a greater pro- portion than the total amount of the rupee trade bills or, as the case may be, the sterling trade bills held imme- d:ately before the expiration of the said Part II in the Jamie Department bears to the total amount of the securities then held therein.

In this paragraph "securities" includes trade hills, and "rupee securities" and "rupee trade bills" include respectively securities and trade bills expressed in the standard monetary unit of Burma, whether or not that unit is still the Indian rupee.

(5) Any India rupee co'.n transferred under the foregoing provisions of this paragraph shall be disposed of in accordance with the provisions of the last preceding paragraph as if it were retired rupee coin.

(6) If and in so far as distinctive Burma coins have not previously been introduced, they shall forthwith be introduced and all India coins shall, as Boon as may be, be retired from Burma and disposed of in accordance with the provisions of the last preceding paragraph :

Provided that India coins shall continue to be accepted at par at such places in Burma and for any such further period or periods as may be specified by the Governor of Burma,

(7) The Governor of Burma shall, if the Bank so desires, take over from the Bank all or any of the property held by the Bank in Burma for the purpose of carrying on its business, against payment of the value of that property as shown in the books of the Bank if Part II of this Order expires at or before the expiration of three years from separation, or, if the said Part II expires at a later date, on such terms as may be agreed with the Bank, or, in default of agreement, decided by arbitration. '

(8) If the agreement made between the Bank and the Imperial Bank in pursuance of section forty-five of the Reserve Bank Act is still in force, the Governor of Burma and the Bank shall enter into separate agreements with the Imperial Bank which shall be in substitution for the said agreement but without prejudice to rights acquired or liabilities incurred prior thereto.

Tho agreements so to be made shall be such as together to secure as nearly as may be that the Imperial Bank continues to act in relation to Government business and currency operations in India and Burma in the like manner, for the like period and on not legs favourable conditions as if Part II of this Order had not expired, and if the Governor of Burma, the Bank and the Imperial Bank are not able to agree upon the terms of the eaid agreements, the terms thereof shall be such as may be decided by arbitration :

Provided that the agreement ,so to be made between the Governor of Burma and the Imperial Bank shall be such as to secure that if in

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the opinion of the Governor of Burma the Imperial Bank has failed either to fulfil its duties which it owes to the Governor of Burma in relation to the conduct of Government business and currency operations in Burma or to nuiinta n a sound financial position, the Governor may issue instructions to the Imperial Bank with reference either to the rights acquired by the Governor under the agreement or to any matter which in the opinion of the Governor involves the security of the Government moneys in the custody of the Imperial Bank, and in the event of the Imperial Bank disregarding those instructions may termi- nate the relationship between him and the Imperial Bank.

(9) There shall be credited as a capital payment in reduction of the Burma debt to India an amount calculated as follows—

(a) the surplus assets of the Bank (including the Beserve Fund) shall be valued as on the day immediately preceding the expiration of Part II of this Order;

(b) there shall be deducted from the value as so ascertained the sums payable in respect of the financial year current on that day to the Governor-General and the shareholders of the Bank ;

(c) the amount to be credited shall be ascertained by applying

to the difference cither—-

(i) if the transitional period was still current on the day immediately preceding the expiration of Part II of this Order, the appropriate fraction for the transitional period, or

(ii) in any other case, the appropriate fraction for the

financial year current on that day :

Provided that if within one month after that day either the Governor- General or the Governor of Burma so requires, the fraction to be applied to the said difference shall be the note ratio fraction for such period as may be agreed between the Governor-General and the Governor, or as may, in default of agreement, be determined by arbitration.

Provisions as to Agreements and Arbitrations.

8. The Governor-General, the Governor of Burma and the Eeserve Bank may, as respects the rights and liabilities conferred and imposed on them respectively by the preceding provisions of this Part of this Order, agree on the substitution for any of the said provisions of such other provisions as may be specified in the agreement; and if in the opinion of the Governor-General or the Governor of Burma unforeseen developments have rendered any of the said provisions inequitable the Governor-General or, as the case may be, the Governor, may, in default of such agreement as aforesaid, require the question whether, and if so what, provisions should be substituted for the provisions aforesaid to be referred to arbitration, and in the event of any such arbitration effect shall be given to the award of the arbitrator accordingly.

9. Any dispute arising under this Part of this Order between the Governor-General and the Governor of Burma shall be decided by arbit- ration.

10.—(1) Any matter which under this Part of this Order is to be divided by arbitration shall b" referred to and decided by such person us may be agreed upon by the parties to the dispute or as may, in default of agreement, be appointed by the Secretary of State.

W) The Arbitration Act, 18R9, shall not apply to any such arbitra-

tion.

Miscellaneous.

11. The agreement made in pursuance of section forty-five of the Reserve Bank Act between the Bank and the Imperial Bank of India flhall have effect subject to the following adaptations—

fa) references to India and British India shall be construed as

including references to Burma and British Burma; (b) references to the Governor-General in Council in relation to his general banking business, bis accounts, and suras due to or from him, and references to Government in rela- tion to receipts and disbursements dealt with on account of Government shall bo construed as including references to the Governor of Burma (both in his dealings with the revenues of Burma and in his dealings with the Federal Fund of the Federated Shan States) and the Burma Rail- way Board;

(c) references to banks included in the Second Schedule to the Reserve Bank Act shall be construed as including refer- ences to Burma scheduled banks.

M. P. A. Hankey,

FIRST SCHEDULE.

ADAPTATION AND REPEAL AS BESFFOTS BTOMA OF INDIAN ENACTMENTS •RELATING TO COINAGE.

PABT I.

Adaptations and Modifications of the Indian Coinage Act, 1906.

The title and preamble shall be omitted. Tn section one, for the wordR "the Indian Coinage Act, 1906" there shall he substituted "the Burma Coinage Act", and all words subsequent to those words shall be omitted.

In section two, paragraphs (b) and (d) shall be omitted; and for

paragraph (r) there shall be fmbstituted tbe following paragraph.—

'(r) "prescribed" rneans proscribed by the Tndian Coinage Aot, 1908, as in force immediately before the separation of Burma from India, or by the rules then in foroe thereunder;¹

Sections three to fifteen A shall be omitted.

In section* sixteen and twenty, for the words "under the authority of the Governor-General in Council" there shall be substituted the words "under the authority of the Governor-General of India or the Governor- General of India in Oounoil", and for the words "by the Governor-General ir\ Council or by the Local Government" there shall be substituted the words "by the Governor".

For section twenty-oae there shall be substituted the following section: —

" Power to

make rules. 21.—(l) The Governor may make rules to carry out the pUrpoaes

and objects of this Act and of the provisions of Part II of the India and Burma (Burma Monetary Arrangements) Order, 1037, and in particular and without prejudice to the generality of the foregoing power such rules may provide for the guidance of persona authorised to cut or break coin under sections sixteen and twenty of this Aot.

(2) Every such rule shall be published in the Gazette and on such

publication shall have effect as if onacted in this Aot."

Sections twenty-thrne and twenty-four shall be omitted.

PAST II.

Enactments repealed.

The Native Coinage Act, 1876, The Indian Coinage (Amendment) Act, 1918, The Bronze Coin (Legal Tender) Aot, 1018. Sections one to five of the Indian Coinage (Amendment) Aot, 1019. The Indian Coinage (Amendment) Aot, 1924.

SECOND SCHEDULE.

Burma Scheduled Banks.

Bank of Upper Burma. II Rai Gyaw Thoo and Company, Akyab. Messrs. Balthazar and Son. The Overseas-Chinese Banking Corporation.

THIRD SCHEDULE.

ADAPTATIONS AND MODIFICATIONS OF THE BE8BEVB BANK AOT.

General.

Throughout the Act, for the words "Governor^Gnnornl in Council"

Government"⁶⁷ °CCUr> ^^ ⁸ h aU be s u b s t i t u t ed t he ™*ds "Central

Section two.

¹ia ph (C2 f?,rT,the. w o r ds "L o C aI Government" there shall be

+ +

a l^n-,P substituted the words "Provincial Government".

In paragraph (d) after the words "legal tender" there shall be inserted

the words "m British India" and the word "and" shall be omitted

After paragraph (e) there shall be added the following p a r a g r a p h s :- '(/) "Burma scheduled bank", "Burma oo-operativo bank" and mirmn notes have the same meanings as in Part II of the India and Burma (Burma Monetary Arrangements) Order, 1937-

(g) "bank notes" and "currency notes of the Government of India" do not, save aa is expressly provided, inolude any notes which" are Burma notes;

(A) "looal authority" inoludea a local authority in Burma; (i) "Burma" has the same meaning aa in the Government of India

Act, 1935;

(j) "Burman subject of His Majesty" includes all British subjeota

domiciled in Burma; and

(A) references to the Government of Burma inolude references to the Governor of Burma in his dealings with the Federal Fund of the Federated Shan States.'

Section four.

In subsection (3)—

(i) after the words "has his principal place of business in India", the words "domiciled in India", the words "a State in India", and the words "ordinarily resident in India" there shall be inserted the words "or Burma";

(ii) for the words "an Indian subject of His Majesty" there shall be substituted the words "an Indian or Burman subject of His Majesty";

(iii) for the words "Indian subjects of His Majesty" (in both places where they occur) there shall be substituted the wordB "Indian or Burman subjects of His Majesty";

(iv) after the words "having a branch in British India" there shall

be inserted the words "or in Burma";

(v) after paragraph (c) there shall be inserted the following worda: —

"or

(d) a company or co-operative society registered in Burma under any law relating to companies or co-operative societies, or a Burma scheduled bank,"

In subsection (4\ after the word "Indian" there shall be inserted the

words "or Burman .

In subsection (10), for the word "him" there shall be substituted the

word "Government".

Section six.

After the word "India" there shall be inserted the words "or Burma"

Section ten.

After the word "India" in both places where it ocours there shall be

inserted the words "or Burma".

Section eleven.

In subsection (5), for the words "the Indian Legislature or of a local Legislature" there shall be substituted the words "the Federal Legislature, the Indian Legislature, a Provincial Legislature, the Ooorg Legislative Council or the Burma Legislature", and after the words "any suoh Legislature" there shall be inserted the words "or Council".

Section fourteen.

In subsection (1), after the words "at a place" there shall be inserted

the words "in British India".

Section teventeen.

In paragraph (1), for the words "the Secretary of State in Council" there shall be substituted the worda "the Secretary of State"; and for the words "Local Governments" there shall be substituted the words "the Federal Railway Authority, the Provincial Governments, the Govern- ment of Burma, the Burma Railway Board".

In paragraph (2) (a), for the words "drawn on and payable in India" there shall be substituted the words "drawn on India or Burma and payable in India or Burma"; and after the words "scheduled bank" there shall be inserted the words "or a Burma soheduled bank".

In paragraph (2) (b), for the words "drawn and payable in India" there snail be substituted the worda "drawn either in India or in Burma and payable either in India or in Burma"; and for the words "or a provincial co-operative bank" there shall be substituted the words "a Burma scheduled bank, a provincial co-operative bank or a Burma co-operative bank".

In paragraph (2) (c), for the words "drawn and payable in India" there shall be fcubstituted the words "drawn either in India or Burma and pay- able either in India or Burma"; after the words "a soheduled bank" thera shall be inserted the words "or a Burma scheduled bank"; and for the words "the Government of India or H, Local Government" there shall be substituted the words "the Centra] Government, a Provincial Government, or the Government of Burma".

In paragraph (3) (a), after the words "scheduled banks" there shall be inserted the words 'and Burma scheduled banks".

In paragraph (3) (b), after the words "scheduled bank" there shall be inserted the words "or in Burma except with a scheduled bank or a Burma scheduled bank".

In paragraph (4), for the words "and provincial co-operativo banks" there shall be substituted the words "Burma scheduled oanks, provincial co-operativo banks, ."vnd Burma co-operiitive hanks"; after the words "British India" there shall be inaerLed the words "or Burma"; and for the words "or a provincial co-operative bank" there shall be substituted the words "Burma scheduled bank, provincial co-operative bank or Bturma co-operative bank"jj

In paragraph (6), for the words "and to auoh Local Governments as may have the custody and management of their own provincial revenues" there shall bo substituted the words "the Federal Railway Authority, Pro- vincial Governments, the Government of Burma, and the Burma Railway Board".

In paragraph (8), for the words "of the Government of India or of a Local Government" there shall be substituted the words "of the Central Government, a Provincial Government, or the Government of Burma"; for the words "in British India or of such States in India" there shall be sub- stituted the words "or such Indian States" ; for the worda "the Govern- ment of India, a Local Government, a local authority or State in India" there shall be substituted the words "any such Government, authority, or State".

In paragraph (11), for the words "the Secretary. of State in Council" there shall be substituted the words "the Secretary of State"; for the words "or any Local Government or local authority or State in India" there shall be substituted the words "or any Provincial Government or the Government of Burma, or any local authority or any Indian State".

In paragraph (14), after the words "from any person in India" there shall be inserted the words "or Burma"; after the words "a scheduled bank" there shall be inserted the words "or a Burma schoduled bank"; and after the words "from any person outside India" and the words "from persons in India" there shall bo inserted the words "and Burma",

In paragraph (15), after the words "this Act" there shall be inserted the words "and the making and issue of Burma notes in accordance with the law of Burma".

In paragraph (16), after the words "under this Act" there shall be in-

serted the worda "and the law of Burma".

Section eighteen.

After the word "Indian" thcro shall be inserted the words "or Burman"; and for the words "or a provincial co-operative bank" there shall be sub- stituted the words "a Burma scheduled bank, a provincial co-oper&tivfe bank or a Burma oo-operative bank".

Section twenty.

For the worda "the Scoretary of State in Council and the Governor-Gen- eral in Council and such Local Governments as may have the custody and management of their own provincial revenues" there shall be substituted the worda "the Hecrotary of State, the Central Government, the Provincial Governments".

Section twenty-one.

For the words "such Local Governments as may have the custody and management of their own provincial revenues" and for the words Local Governments" there shall be substituted the words "the Provincial Gov- ernments" ; for the words "Local Government", wherever they occur, thero ihall be substituted the words "Provincial Government"; and for the words "its local Legislature" there shall be substituted the words "the Provin- cial Legislature".

Section twenty-three-

At the end the following subsection shall be added—

"(3) In this section, references to bank notes include references to

Burma notes".

Section twenty-six.

At the end of the section there shall be inserted the following subsec-

tion : — J

"(3) Every Burma note shrill bo guaranteed by the Central Govern-

ment".

Section twenty-eight.

At the end the following subsection shall bo added—

"(2) Tho provisions of subsection (1) of this section, other than the proviso thereto, shall apply to Burma notes as they apply to bank notes; and refunds may be made as of jjrace in respect of Burma notes in accordance with the provision made in that behalf by the law of Burma."

Section twenty-nine.

After the word "note" there B1I&11 be inserted the words "or Burma

notes".

5

Section thirty.

After tho words "by or under this Act" thcro shall bo inserted the words "or by or under the law of Burma" ; and for the word "he" there Bhall bo Bubstituted the worda "the Central Govornmont"-

Section thirty-three.

In subsection (3) after the words "in British India" there shall be in- Berted the words "or in Burma".

Section thirty-four.

At the end, there shall be inserted the following subsection—

"(3) In thig seotion, references to bank notes include references to

Burma notes".

Section thirty-six.

In subsection (1), for the wordu "without his consent" there shall be substituted the words "without that Government's consent".

After section forty-one.

There shall be inserted the following soction—

•• Obligation

to provide

remittance

botwaon

India and

Burma.

4lA.—(1) Tho Bank shall provide any person who makes a demand in that behalf with remittance between its office in Rangoon and such office or offices in India as may be prescribed by the Central Board, in such amounts, at such fixed rate of exchange and sub- ject only to such rate or rates of commission as may be approved by the Central Government and the Government of Burma:

Provided that so long as tho Bank is bound under Part II of the India and Burma (Burma Monetary Arrangements) Order, 193V, to issue on demand India rupee coin in oxchange for legal tender notes, the rate of exchange shall be par.

(2) Burma assets and liabilities of the bank or any scheduled bank shall be valued, for tho purposes of this Act, at the rate of exchange so fixed or, as the case may be, at par."

Section forty-two.

In subsection (1), after the word "India" there shall be inserted the words "and Bunnu",

In subseotion (2), for paragraphs (a) to (e) t'hero shall be substituted the following paragraphs—

"(a) the amounts of its demand and time liabilities, respectively, in

India,

(b) the amounts of its demand and time liabilities, respectively, in

Burma,

(e) the totnl amount held in India in currency notes of the Govern- ment of India and bank notes,

(d) the total amount held in India in Burma notes. (e) the total amount held in Burma in currency notes of the Govern-

ment of India and bank notes,

(f) tho total amount Held in Burma in Surma notes, (y) tho amounts held in India in rupee coin and subsidiary coin,

respectively,

(A,) the amounts held ia Burma in rupee coin, subsidiary coin and

Burma coin, respectively,

(i) the amounts of advances mado and of bills discounted in India,

respectively,

(j) tho amounts of advances made and of bills discounted in Burma,

respectively, and

(k) the balance held at the Bank,".

Section forty-three.

At the end there shall be inserted the words "and from Burma scheduled

banks under the corresponding provisions of the law of Burma".

Section forty-five..

In subsection (]), for the words 'he thinks fit" there shall be substituted tho words "ic thinks fit", and for the words "in his opinion" there shall be substituted the words "in its opinion".

After subsection (2) there shall be inserted the following subseotion: —

"(3) As from the commencement of Part I II of the Government of India Act, 1035, references in the said agreement to the Gover- nor-General in Council in relation to hia general banking busi- ness, his accounts, find sums due to or from him, and references to Government in relation to reooipts and disbursements dealt with on account of Government shall b" construed a" including references to the Provincial Governments and the Federal Rail- way Authority,"

Section fifty-one.

For the words "ho thinks fit" there shall be substituted the worda "it

thinks fit".

Section fifty-two.

In subseotion (1), for the words "by him" there shall be substituted the

worda "by that "Government".

Section fifty-three.

For the words "the form set out in tho Fifth Schedule or in such other"

there shall bo substituted tho word "such".

Section fifty-four.

For tho words "Local Governments" there shall bo substituted the worda "Provincial Governments, tho Government of Burma" ; and after the worda "provincial co-operative banks" (in both placea where those words occur) there shall be inserted the words "Burma co-operative banks".

Section fifty-seven.

In subsection (l) for the words "he may direct" there shall be substituted

tho words "it may direct".

5 A

The First Schedule.

t or the words "Burma, the Andaman and Nicobar Islands, Bawlake, Kantarawarii and Kyebogyi" there shall be substituted the words "Burma and the Andaman and Nicobar Islands".

The Second Schedule.

The following banks shall be omitted from the Schedule (without pre- judice howevur to any power under tho Aot to restore them thereto)—

Bank of Uppor Burma. U R"ii Gynw Thoo and Company, Akyab. Messrs. Balthazar and Son. The OvorseaK-Ohinoee Banking Corporation.

The Third Schedule.

In paragraph two for the words "as he thinks fit" there shall be substi- tuted the words "aa it thinks fit".

The Fifth Schedule.

This Schedule shall be omitted.

THE GOVERNMENT OF INDIA (HIGH COURT JUDGES)

ORDER, 1937.

AT THE COURT AT BUCKINGHAM PALACE,

The 18th day of March, 1937.

PRESENT:

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

Whereas by subsection (1) of section two hundred and twenty of the Government of India Act, 1935 (hereafter in this Order referred to as " the Act ") it is provided that the Judges appointed by His Majesty to any High Court in British ]ndia, together with any additional Judges appointed by the Governor- General under subsection (3) of section two hundred and twenty- two of the Act, shall at no time exceed in number such maximum number as His Majesty in Council may fix in relation to that Court :

And whereos by section two hundred and twenty-one of the Act it is provided that the Judges of the several High Courts shall be entitled to such salaries and allowances, including allow- ances for expenses in respect of equipment and travelling upon appointment, and to such rights in respect of leave and pensions, as may from time to time be fixed by His Majesty in Council:

And whereas a draft of this Order has been laid before Parlia- ment in accordance with the provisions of subsection (1) of Rection three hundred and nine of the Act, and an address has been presented to His Majesty by both Houses of Parliament praying that an Order may be made in the terms of this Order :

Now, therefore, His Majesty, in exercise of the said powers and of all other powers enabling him in that behalf, is pleased by and with the advice of His Privy Council to order, and it is hereby ordered, as follows :—

Introductory.

1. This Order may be cited as "The Government of India (High Court Judges) Order, 1937", and shall come into operation on the first day of April, nineteen hundred and thirty- seven.

2.—(1) In this Order, except where it is otherwise expressly provided or the context otherwise requires—

"High Court" means a court which is a High Court for the purposes of the Act;

"Chartered High Court" means a High Court other than a Chief Court or a Judicial Commissioner's Court;

"Chief Justice" includes a Chief Judge and a Judicial Com- missioner ;

"Judge" includes a Chief Justice, an acting Chief Justice, an acting Judge, an additional Judge, a Judicial Commift- sioner, an acting Judicial Commissioner, an Assistant Judicial Commissioner, an acting Assistant Judicial Commissioner and an Additional Assistant Judicial Commissioner;

"acting Chief Justice" means a Judge appointed under sub- section (]) of section two hundred and twenty-two of the Act to perform the duties of a Chief Justice ;

"acting Judge" means a person appointed under subsection (2) of the said section to act as a Judge;

"additional Judge" means a person appointed under sub- section (3) of the said section to act as an additional Judge;

"actual service" includes—

(i) time spent by a Judge on duty as Judge, or in the performance of such other functions as he may be directed by the Governor-General or the Governor to discharge;

(ii) vacations, excluding any time during which the Judge

is absent on leave; and

(in) joining time on transfer from one High Court to

another;

"service for pension" includes—

(i) actual service;

(ii) one month or the amount actually taken, whichever

is less, of each period of leave on full allowances;

(iii) joining time on return from leave out of India;

(2) In the calculation of service for the purposes of this Order previous service at any date or dates as acting Judge or additional Judge shall be reckoned as service as Judge; but, save as expressly provided, previous service as acting Chief Justice shall not be reckoned as service as Chief Justice.

(8) Any period of leave taken by a Judge before the com- mencement of this Order under the rules then applicable to him

as an acting Judge or additional Judge shall for the purposes of this Order be treated as if it were leave taken by him under this Order.

(4) The Interpretation Act, 1889, applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

Maximum Number of Judges.

3. The maximum number of Judges in each High Court shall

be as specified in the First Schedule to this Order.

Expenses for Equipment and Voyage.

4. There shall be paid to a Judge who was permanently resident in Europe at the date of bis appointment an allowance of five hundred pounds for expenses in respect of equipment and travel- ling on appointment.

Salaries.

6. There shall be paid to a Judge in respect of time spent on actual service salary at the rate specified in the Second Schedule to this Order.

Leave.

6. Subject to the provisions of this Order, leave granted to a

Judge may be at his option either—

(a) leave on full allowances; or (b) leave on half allowances; or (o) leave partly on full allowances and partly on half allow-

ances.

7.—(1) A leave account in terms of leave on half allowances shall be kept for each Judge and in that account there shall be credited to him one-fourth of the time spent by him on actual service, and be debited to him all leave with allowances taken by him.

(i2) For the purposes of this paragraph and of sub-puragraph (1) of the next succeeding paragraph, any period of leave on full allowances shall be reckoned as double that period of leave on half allowances.

8.—(1) The aggregate amount of leave granted to a Judge during his whole period of service as such shall not exceed in terms of leave on half allowances three years.

(2) The aggregate amount of leave on full allowances granted to a Judge during his whole period of service as such shall not exceed one twenty-fourth of the period spent by him on actual service.

(3) The maximum period of leave granted at any one time shall be, in the case of leave on full allowances, fivo months, and, in the case of leave with allowances of any kind, sixteen months.

9. Subject to the provisions of sub-paragraph (1) of the pre- ceding paragraph, leave on half allowances may be granted to u Judge in excess of the amount at his credit—

(i) on medical certificate; or (ii) for not more than six months and not more than once during the whole period of his service as a Judge, otherwise than on medical certificate.

10.—(1) The monthly rate of leave allowance payable to a Judge while on leave on full allowances shall be for the first month of such leave a rate equal to the monthly rate of his salary, and thereafter two thousand two hundred and twenty rupees if resident in Asia during his leave, and two hundred and twenty-tw.) pounds if resident outside Asia.

(2) The monthly rate of leave allowance payable to a Judge while on leave on half allowances shall be one thousand one hundred and ten rupees if resident in Asia during his leave, and one hundred and eleven pounds if resident outside Asia.

11. There shall be payable to a Judge in respect of joining time on his return from leave out of India an allowance at the rate of one thousand one hundred and ten rupees a month in lieu of salary.

12. Extraordinary leave not exceeding six months in duration may be granted not more than once during the period of a Judge's service as such in excess of any leave permissible under tho foregoing provisions of this Order, but no salary or allowances Rhall be payable during or in reapnct of such leave.

13.—-(1) A Judge may be allowed to combine vacation on full

salary with leave, if—

(a) where the vacation consists of one continuous period, the leave is taken either at the commencement or at the end of the vacation but not at both ;

(b) where the vacation is divided into two separate periods, the leave is taken for the interval, or part of the interval, between the two periods of that vacation, or for the interval, or part of the interval, between the second period of that vacation and the commence- ment of the next ensuing vacation.

(2) Permission to combine vacation with leave shall not be granted under this paragraph if it will be necessary to appoint an actitig Judge during the period of the vacation.

14. If a Judge overstays his leave or any vacation, whether combined with leave or not, he shall receive no salary for the period of his absence in oxcess of the leave granted to him or beyond the end of the vacation, as the case may be :

Provided that, if such absence is due to circumstances beyond his control, the period thereof may be treated as leave and be debited to his leave account.

15. The power to grant, refuse, revoke or curtail leave shall be vested in the Governor of the Province in which the principal seat of the High Court is situate, exercising his individual judg- ment, after consultation with the Chief Justice.

Passages.

16.—(1) A Judge who is a member of the Indian Civil Service shall have HUCII rights in respect of passages for himself and hi" wife and children, if any, as under the rules of that Service he would have had if he had not been appointed a Judge, his service as Judge being treated as Bervice for the purpose of deter- mining those rights.

(2) Any other Judge whose domicile at the date of his appoint- ment was elsewhere than in Asia shall have such rights in respect of passages for himself and his wife and children, if any, as, under the rules for the time being applicable to persons who became members of the Indian Civil Service on that date, he would have had if he had become a member thereof on that date and if his service as Judge were treated as service therein for the purpose of determining those rights :

Provided that

(i) if he has received an allowance for equipment and voyage on appointment he shall not be entitled to a passage (whether for himself, or his wife or children) until the completion of five years, nor to a second passage until the completion of ten years, total service as a Judge; and

(ii) if he dies while serving as a Judge, his wife and children shall not be entitled to any concession in respect of passages in addition to the gratuity for which pro- vision is made in this Order.

Pensions.

17.—(1) Subject to the provisions of this Order, a pension shall bo payable to a Judge on his retirement if, but only if, either—

(a) he has completed not less than 12 years' service for

pension; or

6

(b) he has completed not less than 7 years' service for pension and haw attained the age of sixty; or (c) he has completed not less than 7 years' service for pension and his retirement is medically certified to be necessitated by ill-health.

(2) The Secretary of State may for special reasons diroct that any period not exceeding three months shall be added to a Judge's service for pension :

Provided that u period so added Hhn.ll be disregarded in calcu- lating any additional pension under Part I or Part PI of the Third Schedule to this Order.

18.—(1) Subject to the provisions of this Order, the pension payable to a Judge who on his retirement is entitled to a pension shall be calculated—

(a) in the case of a Chief Justice or Judge who is not a member of the Indian Civil Service, or of a Chief Justice of a Chartered High Court who is a member of the Indian Civil Service, in accordance with the scale and rules in Part I of the Third Schedule to this Order.

(h) in the case of a Judge who is a member of the Indian Civil Service and JR not a Chief Justice of a Char- tered High Court, in accordance with the scale and rules in Part II of the said Schedule.

19.—(I)- The provisions of this paragraph shall apply in relation to a Judge who is a member of a civil service of the Crown in India.

(2) If any such Judge is eligiblo for a pension under para- graphs 17 and J8 of this Order he shall elect to receive either that pension or such pension as is referred to in the next succeed- ing sub-paragraph.

(3) If any such Judge is not eligible for a pension under para- graphs 17 and 18 of this Order or, being eligible for such a pension elects not to receive that pension, the pension payable to him shall be—

(j") the pension for which he would have been eligible under the rules of hifi civil service if he had not been appointed a Judge, his service as a Judge being treated as service for the purpose of calculating that pension; and

(b) if he is not a member of the Indian Civil Service, a special additional pension of five hundred rupees per annum in respect of each completed year of service for pension in any one or more of the High Courts, but not in any case exceeding two thousand five hundred rupees per annum,

(4) The pension payable to any such Judge part of whose service includes service as a Chief Justice shall in no case be less than the pension for which lie would have been eligible if all his service for pension had been service rendered otherwise than us Chief Justice.

20. The rules for the time being in force with respect to the grant of extraordinary pensions and gratuities and privileges in regard to special disability leave and passages to, or in respect of, members of the Indian Civil Service who may suffer injury or die as a result of violence shall apply in relation to a Judge, whether a member of a civil service or not, subject, however, to the modification that references in those rules to tables of injury gratuities and pensions and of family gratuities and pensions, shall be construed as references to the tables in the Fourth Schedule to this Order.

21. Pensions expressed in sterling only shall, if paid in India, be converted at such rate of exchange as the Secretary of State may from time to time prescribe :

Provided that nothing in this paragraph shall affect any specific privilege in respect of the conversion of sterling pensions which was conferred by any Eules previously in force on persons who on the let February, 1921, were members of a civil service of the Crown in India.

22. The Civil Pensions (Commutation) Eules applicable to persons appointed by the Secretary of State shall with any neces- sary modifications apply to Judges.

23. There shall be paid to the legal personal representatives

of any Judge who dies while in possession of bin office and who was at the time of his appointment permanently resident in Europe

(a) if the death occurred more than six months after the date of his assumption of office n sum equal to six months' salary in addition to any salary due to the Judge at the date of his death; or

(b) if the death occurred within six months after his assumption of office or during his voyage to India for the purpose of first assuming office, such sum as with any amount received by or due to the Judge on account of salary will make up the amount of one year's salary.

24. Save as may be otherwise expressly provided in the relevant rules relating to the grant of extraordinary pensions and gratuities, the authority competent to grant pension to a Judge under the provisions of this Order shall be the Governor of the Province in which the High Court is situated, exercising hia individual judgment.

6A

Travelling Allowances,

25. A Judge shall receive such reasonable allowances to reimburse him for expenses incurred in travelling on duty in India and such reasonable facilities in connexion with travelling as the Governor of the Province in which the principal seat of the High Court is situated may from time to time in his individual judgment prescribe.

Subsidiary Conditions of Service.

26. Subject to the provisions of this Order and of any other Order in Council made under the Act, the conditions of service of a Judge shall be determined by the rules for the time being applicable to an officer of non-Asiatic domicile or, as the case may be, of Asiatic domicile appointed by the Secretary of Stato to a civil service of the Crown in India and holding tho rank of Secretary to the Government of the Province in which the princi- pal seat of the High Court is situated :

Provided that nothing in this paragraph shall have effect so as to give to a Judge who is a member of a civil service of the Crown in India less favourable terms in respect of any of his conditions of service than those to which he would be entiUed as a member of his civil service if he had not been appointed a Judge, his service as Judge being treated as service for the purpose of determining those terms.

Provisions as to existing Judges.

27.—(1) The foregoing provisions of this Order (other than paragraph three) shall not apply in relation to a Judge who—

{a) was serving as a Judge in India at the commencement

of this Order; or

(b) -was serving as a Judge in Burma at that date and is

subsequently appointed to be a Judge in India.

(2) The conditions of service of any such Judge as aforesaid shall continue to be governed by the rules to which he was subject immediately before the commencement of this Order and, for the purposes of those rules, service by any such Judge as a Judge in Burma, whether before or after the said date, and leave taken by him during such service, shall be treated as service rendered m India and aa leave taken during service so rendered.

(3) For the purposes of this paragraph a person who was serving as Acting Judge or additional Judge at the commence- ment of this Order shall be deemed to have been serving as a Judge at that date if, but only if, his service as such Acting Judge or additional Judge continued without interruption until his subse- quent permanent appointment as Judge.

M. P. A. HanJcey,

FIRST SCHEDULE.

(Paragraph 3.)

NUMBEB or JUDGES.

The maximum number of Judges in the several High Courts shall be as shown in the following table. In each caso the number is exclusive of the Chiof Justice, the Chief Judge or the Judicial Commissioner, but includes any additional Judges or additional Assistant Judicial Com- missioners.

Court.

Maximum

number.

16 Judgen.

T he H i gh C o u rt at M a d i as

T ho H i gh C o u rt at B o m b ay

T he H i gh Court at C a l o u t ta

T he H i gh C o u rt at A l l a h a b ad . . ..

T he H i gh C o u rt at L a h o re

T he H i gh C o u rt at P a t na

T he H i gh C o u rt at N a g p ur . . . ..

T he Chiof C o u rt of O u dh

. 13 „ . 19 „ . 12 „ . 15 .. . 11 „ . 7 „ . 6 „

T he C o u rt of t he J u d i c i al C o m m i s s i o n er of 9 i nd

5 Assistant Judicial Commissioners.

T he C o u rt of t he J u d i c i al Commissioner of t he N o r t h- W e st F r o n t i er P r o v i n ce . . . ..

. 2 „

SECOND SCHEDULE.

(Paragraph 6.)

SALARIES or JUDGES.

Rank of Judge,

Salary per

annum.

P.B.

Chief J u s t i ce of t he H i gh C o u rt at C a l o u t ta

72,000

Chief J u s t i ce of t he H i gh C o u r ts at M a d r a s, B o m b a y, A l l a h a b a d, P a t na a nd L a h o re . . . . . . ..

Chief J u a t i ee of t he H i gh C o u rt at N a g p ur . . . ..

60,000 50,000

J u d ge of t he H i gh C o u r ts at C a l c u t t a, M a d r a s, B o m b a y, A l l a h a b a d, P a t na arid L a h o re ; Chief J u d ge of t he Chief C o u rt of O u dh

J u d ge of t he Chief C o u rt of O u dh ; J u d i c i al C o m m i s s i o n er of S i nd

J u d ge of t he H i gh C o u rt at N a g p ur . . . . ..

J u d i c i al Commissioner of t he N o r t h - W e nt F r o n t i er P r o v i n ce

48,000 42,000 40,000 30,000

A s s i s t a nt J u d i o i al Commissioner of Bind or of t ho N o r t h - W e st F r o n- t i er P r o v i n ce . . . . . . . ..

36,000

In this Schedule "Chief Justice", "Chief Judge" and "Judicial Commissioner" include respectively an acting Chief Justice, an acting Chief Judge and an acting Judicial Commissioner, "Judge" includes an acting or an additional Judge, and "Assistant Judicial Commissioner" includes an aoting or additional Assistant Judicial Commissioner.

THIRD SCHEDULE. (Paragraph 18.)

PENSIONS OF JUDGES.

PART I.

1. The provisions of this P a rt of this Schedule apply to a Chief Justice or Judge who is not a member of the Indian Civil Service and also to a Judge who is a niemher of that Service and in Chief Justice of a Chartered High Court.

2. The pension payable to suoh a Judge who has completed twelve years' service for pension, inoluding not less than six years' service as Chief Justice of one or more of the Chartered High Courts, other than Nagpur, shall, if six years or more of his service as Chief Justice has been rendered in the High Court at Calcutta be eighteen hundred pounds per annum and, in any other case, fifteen hundred pounds per annum.

3. Subject as aforesaid, the pension payable to a Judge to whom the provisions of this P a rt of this Schedule apply shall be the basic pension for whioh provision is made in the next succeeding paragraph inoreased by the additional pension, if any, to which ho is entitled under the subsequent provisions of this P a rt of this Schedule.

4. The basic pension to which such a judge shall be entitled shall be— (a) for the first seven completed years of service for pension, £376

per annum; and

(b) for each subsequent completed year, a further sum of £75 per

annum:

Provided that his b,asic pension shall in no case exceed £750 per

annuni.

5. For the purpose of calculating additional pensions, service as a

Judge shall be classified as follows: —

Grade I.—Service as Chief Justice in the High Court at Calcutta:

Grade II.—Service as Chief Justice in any Chartered High Court,

other than those at Calcutta and Nagpur:

Grade III.—Service as Chief Justice in the High Court at

Nagpur:

Grade IV.—-Service as a puisne Judge in any Chartered High

Court, other than that at Nagpur: and

Grade V.—Service as a puisne Judge in the High Court at

Nagpur and any service in the Chief Court of Oudh.

6. For each completed year of service for pension in any grade men- tioned in the last preceding paragraph the Judge shall be entitled to the additional pension specified in relation to that grade in tho second oolumn of the Table hereinunder printed:

Provided that the aggregate amount of his basic and additional pen- sions shall not exceed the amount specified in the third oolumn of the said table in relation to the highest grade in whioh he has rendered service for not less than one completed year.

TABLE.

Additional

pension per

Service.

annum, £

. * # • . * • *

Grade I . Grade II . Grade III Grade IV Grade V .

76 55 40 35 20

Maximum aggregate pension. £ 1,800 1,600 1,200 1,200 1,000

7. A Judge who haa rendered service for pension in two or mere grades may claim that any period of service loss than a completed year rendered by him in one grade, or any portion of any Buch period, shall be treated for the purposes of the last preoeding paragraph as service rendered by him in a lower grade.

8. If a Judge who haa served as acting Chief Justice of a Chartered High Court is subsequently appointed Chief Justioe of that Court or of any other Chartered High Court, hie Hervice as an acting Chief Justice shall for tho purposes of this Part of this Schedule be treated as service as Chief Justice of tho Court in which the acting service was rendered:

Provided that service as acting Chief Justice of the High Court at Calcutta shall be treated as service as Chief Justice of the Court of which the Judge was at the date of his retiromont Chief Justioe.

PAET II.

1. The provisions of this Part of this Sohedule apply to a Judge who is a member of tho Indian Civil Service and is not a. Chief Justice of a Chartered High Court.

2. Tho pension payable to such a Judge shall be—

(a) the ponsion to which ho is entitled under the ordinary rules of the Indian Civil Service, his service as Judge being treated as¹ service therein ; and

(6) the additional pension, if any, to whioh he is entitled under

either of the two next succeeding paragraphs.

3. If his service for pension includes service for not less than seven completed years in any one or more of the Chartered High Courts, other than that at Nagpur, he shall be entitled to an additional pension in accordance with the following scale:—•

Per annum.

£

for 7 oomplefced years of service in one or more of thoso Courts 100

for 8 completed years of service in one or more of those Courts . 120

for 9 completed years of Borvioo in one or more of those Courts . 140

for 10 completed years of servioe in one or more of those Courts

160

for 11 completed years of servioe In one or mots of those Courts

180

for 12, or more, oompleted yearn of service In one or more of those

Courts . . . . . , , . ..

200

4. If his service for pension includes service for not less than seven completed years in any one or more of the High Courts and some part of that service, but less than seven oompleted years, has been rendered in one or more of the Courts mentioned in the preceding paragraph, he shall bo entitled to an additional pension of £15 per annum in respect of each completed year of servioe rendered in one or more of the Courts BO mentioned.

FOURTH SCHEDULE.

(Paragraph 20.)

INJURY GHATUITIES AND PENSIONS.

Grat ulty.

Offloer.

Annual pension.

Annual pension. Lowor scale.

Higher scale.

R B.

R B.

£

£

R s.

27,000 2,025

352

4,700

5,400 405

Chief Justice or Aoting Chief Justice of the High Court at Madras, Bombay, Caloutta, Allahabad, Lahore, Paina or Nagpur.

300

15,000 1,125 4,700 352 4,000

Judge, or Aoting or Additional Judge, of a High Court, other than a Chief Justice or Aoting Chief Justiue of the Courts mentioned above.

FAMILY GRATUITIES AND PENSIONS.

A.—Widows.

Offloer.

Gratuity.

Annual pension.

R B.

£

£

Ra.

17,000 1,275

375

5,000

Chief Justice or Aoting Chief Justice of the High Court at Madras, Bombay, Oalouttft, Allahabad, Lahore, Patna or Nagpur.

Judge or Aoting or Additional Judge

300

13,600 1,012 4,000

of a High Court, other than a Chiof Justice or Acting Chief Justice of the Courts mentioned above.

B.—Children.

Annual Child's Pension,

                                                                R s.            £
If  Child is  motherless                                        550            41
If  Child is not motherless                                     320            24

THE INDIA AND BURMA (TRANSITORY PROVISIONS)

ORDER, 1937.

AT THE COUBT AT BUCKINGHAM PALACE,

The 18th day of March, 1937.

PBBSENT ;

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

Whereas by section three hundred and ten of the Government of India Act, 1935 (hereafter in this Order referred to as "the India Act"), His Majesty in Council is empowered, for the purpose of facili- tating the transition from the provisions of the Government of India Act to the provisions of that Act, to direct that the India Act shall, during a limited period, have effect subject to adaptations and modifi- cations, to make with respect to a limited period temporary provision for ensuring that during and after the transition there are available to all Governments in India sufficient revenues to enable the business of those Governments to be carried on, and to make other temporary provisions for the purpose of removing any difficulties arising in rela- tion to the transition.

And whereap it is provided by paragraph two of the Third Schedule to the India Act that such provision shall be made for enabling the Governors of Provinces to discharge conveniently and with dignity the duties of their offices as may be determined by His Majesty in Council:

And whereas by subsection (2) of section three hundred and nine of the India Act His Majesty in Council is empowered to revoke or vary any Order in Council previously made under that Act :

And whereas by section one hundred and fifty-six of the Govern- ment of Burma Act, 1935 (hereafter in this Order referred to as "the Burma Act"), His Majesty in Council is empowered, for the purpose of facilitating the transition from the provisions of the Government of India Act to the provisions of the Burma Act, to make temporary provision for the purpose of removing any difficulties arising in relation to the said transition :

And whereas a draft of this Order was laid before Parliament in accordance with the provisions of subsection (1) of section three hund- red and nine of the India Act, and subsection (1) of section one hundred and fifty-seven of the Burma Act and an Address has been pre- sented to His Majesty by both Houses of Parliament praying that an order may be made in the terms of this Order;

7

Now, tncrefore, fTis Majesty, in the exercise of the said powers and'of-all other powers enal>lin^ him in that-behalf ,-is pleased, by and with the advice of His P r iw Ooimc.il. to order, and it is hereby ordered as follows :—

Introductory.

1. This Order may be cited as the India and Burma (Transitory Provisions) Order, 1937.

2. The Interpretation Aft, 1889, applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

Provisions applicable only to India.

3.—(It For a period of two years from the commencement,of Part III' of the Tndia Ant, the provisions of subsection (2) of Hp.ction , one hundred and forty-three of that Act (which nuihonsnn the continuance, until provision to the contrary iH made by the Federal Ijegislature, of certain provincial' taxeq frilling within the Federal Ijistt shnll have effect pq if the reference to the first of January nineteen hundred .and thirty-five were a reference to Ihe commencement of (lie said Part TIT. (2) 'Nothing in this pnrnoTanh shall continue nny taxation beyond ,the time for which it would continue if the Tndia Act had nol; been .passed.

4, In every Province notwithstanding anything contained in the India- Act or in any Order in Council made thereunder, bnt subieet to nnv rjrovision to the contrary which may be mnde by nn Act of the Indian. the Federal or the Provincial legislature passed in the exer- cise of- the powers respectively conferred on them by the Tndia, A c t- fa) any tux, fine, penalty or other Hum of whatever nature required by or under any law aw in force immediately before the commencement of Part III of the India Act to be credited to any local fund or oUier fund shall, during the two financial years next following the com- mencement of the said Part III, continue to be so credited and shall not, during those years, be doemed to be part of the revenues of the Province ;

(b) any expenditure from provincial revenues, the, amount oF which is prescribed by or under any law as in force im- mediately before the commencement of the said Part III, shall, in the said two financial years, be deemed to be expenditure charged on the revenues of the Province,

6. For the avoidance of doubt it is hereby declared that so much ol" the¹ Eoad development Fund, and so much of the Fund for the Economic Development and Improvement of Kural Areas, as remain in the hands of the Gnvernor-ftenernl in Council immediately before :tjhe"'commencement of Part Til of the India Act, will, notwithstand- ing anything in section one hundred and seventy-three of that Act, continue to be held by him. for the flame purposes as theretofore.

6.—(1) In- the case of Orissa and Sintt -there shall b'e- charged on the revenues of tlio Province, in addition to the amounts directed'to''be charged thereon by the Government of'India (-Governors' .Allowances and Privileges) Order, J9ftt>, such sums aR the Governor, exercising his individual judgment, may deem it necessary to expend in the -pro- vision and furnishing of his official residences; and the Governor shall exercise his individual judgment as respects any question arising in connection with the provision and furnishing of the said residences.-

(2) In this paragraph "official residences" has the same meaning as in the Government of India (Governors' Allowances a'rid' Privileges) Order, 1936, and "provision¹', in relation to an official residence-in- cludes the reconstruction or improvement of a residence existing- at. the commencement of Part I II of the India Act.

(3) This paragraph shall cease to have effect on the expiration of

three years, from the commencement of Part HI of. the India Act.

7. Notwithstanding anything in sub-paragraph (2) of paragraph three of the Government of India (Commencement and -Transitory Provisions) Order, 193G, subsection (2) of .section one hundred anil eighty-one of the India Act shall cumc into force on the commence- ment of Part I II of that Act :

. - .

Provided that, until the establishment' of the Federal Bailway Authority, references in the said subsection to the Authority shall be construed as references to the Governor-General in Council."

8.—(1) The provisions of this paragraph shall have effect for a period of one year from the commencement ;oi Part 111 of the India Act:

Provided that the Governor-General in Council or, as the case may be, His Majesty's representative for the exercise of the functions of the Crown in its relations with Indian States, may at any time direct that those provisions shall cease to have cfleet as respects any Pro- vince either generally, or in relation to any particular function or class of functions, or-in relation to any particular law or enactment.

(2) Where any functions, which immediately before the eoininenco- ment of Part I II of the India Act were, under any existing Indian law, functions of the Governor or the Local Government of a Gover- nor's Province, are transferred by or under the India Act to, or to some authority or officer nominated or appointed by, the Federal Government, the Governor shall continue to discharge those functions, subject to tho like control by the Governor-General in Council as was exercisable by him immediately before tho commencement of the said Part 111.

Nothing in this sub-paragarph shall affect the operation of sub-

section (2) of section one hundred and forty-three of the India Act.

(3) The Chief Commissioner of a, Chief Commissioner's Province shall discharge therein any functions which under any existing Indian law as for the time being in forco are functions of a Provincial Gov- ernment.

7 A

(4) Where any functions, which, for the purposes of the India Act, are functions of the Grown in its relations with Indian State**, were immediately before the Commencement of Part 111 of that Act being discharged by the Governor or the Local Government of, or some officer serving in connection with the affairs of, a Province, the Gover- nor or, as the case may be, that officer, shall continue to discharge those functions, subject to the like control by His Majesty's represen- tative for the exercise of the functions of the Crown in itp relations with Indian States as were exercisable immediately before the com- mencement of the said Part I II by the Governor-General in Council.

9. Paragraphs 9 and 10 of the Government of India (Commence- ment and Transitory Provisions) Order, I9b6, are hereby repealed.

Provisions applicable both to India and Burma.

10. Notwithstanding the separation of India and Burma, the Indian Patents and Designs Act, 1911, shall, for a period of two years from the date of separation, have effect both in Burma and in India as if Burma had continued to be part of India, and accordingly references in that Act to the Advocate-General, to the High Court and to district courts shall, during that period, include references to the Advocate- General of Burma, the High Court at llangoon and district courts in Burma, and the Governor of Burma shall be included among the authorities to whom certain documents are to be sent under section seventy-two of that Act:

Provided that nothing in this paragraph shall restrict any right of the Federal or the Indian Legislature or the Legislature of Burma to amend or repeal the said Act as respects India or Burma, as the case may be, with effect from before the expiration of the said period.

M. P. A. Hankey.

THE GOVERNMENT OP INDIA (ADAPTATION OP ACTS

OF PARLIAMENT) ORDER, 1937.

AT THE COUBT AT BUCKINGHAM PALACE,

The 18th day of March, 1937.

PRESENT :

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

Whereas by subsection (5) of section three hundred and eleven of the Government of India Aot, 1936 (hereafter in the recitals to this Order referred to as " the Act ") it is provided that any Act of arliamont containing references to India or any part thereof, o countries other than or situate outside India or other than or situate outside British India, to His Majesty's dominions, to a British possession, to the Secretary of State in Council, to the Governor-General in Council, to a Governor in Council or to Legis- latures, courts or authorities in, or to matters relating to the government or administration of, India or British India, shall have effect subject to such adaptations and modifications as His Majesty in Council may direct, being adaptations and modifioa*- tions which appear to His Majesty in Council to be necessary or expediont in consequence of the provisions of the Aot or of the Government of Burma Act, 193fi :

And whereas by subsection (2) of section one hundred and seventy-eight of the Aot it is provided that all enactments relating to any such loans, guarantees and other financial obligations of the Seoretary of State in Council as are referred to in sub- section (i) of that section shall in relation to thoso loans, guarantees and obligations continue to have effect with certain substitutions and with such other modifications and such adapta- tions as His Majesty in Council may deem necessary :

And whereas under section three hundred and twenty of the Act His Majesty by Order in Council has appointed the first day of April, nineteen hundred and thirty-seven, as the date on which the provisions of the Act, other than the provisions of Part II thereof, are, subjeot to any exceptions mentioned in the Order, to oome into force :

And whereas a draft of this Order has been laid before Parlia- ment in accordance with the provisions of sub-section (i) of section

three hundred and nine of the Act and an address has teen presented to His Majesty by both Houses of Parliament praying, that an Order may be made in the torrna of this Order :

Now, therefore, Hi.s Majesty, in the exercise of the said powers and of all other powers enabling -him in that behalf, is pleased, by and with the advice of Hit< Privy Council, to order, and it is hereby ordered, as follows :—

1. This Order may be cited as the Government of India (Adaptation of Acts of Parliament) Order, 1937, arid shall oome into operation on the first day of April, nineteen hundred and thirty-seven.

%. 'The Acts of Parliament referred to in the Schedule to this

Ordor shall have eilect subject to the adaptations and modifica- tions specified in the said Schedule.

' 3, In any Act of Parliament passed before tho commencement of this Order and not referred to in the Schedule thereto references to tho revenues of India .shall lie construed, in relation to tho period after the establishment of the Federation of India, as references to the revenues of the Federation and, in relation to the period between the commencement of Part III of the -Government of India Act, 1035, and the establishment of the Federation, as references to the revenues of the Governor-General in Couneil.

4. The provisions of this Order which adapt or modify any Act by transferring functions to another authority shall not render invalid any order, byelaw, rule or regulation duly made, or any- thing duty done, before tho commencement of this Order and any such order, byelavv, rule, regulation or thing may be revoked, varied or undone in like manner, to the like extent and in the like circumstances as orders, bveUuvs, rules, regulations or things made or done by the authority to which the funotions are transferred.

6. Nothing in the Aden Colony Order, 1936, shall be construed as requiring that references in Aets of Parliament to India or British India shall continue to be construed as including references to Aden.

M. P. A. Hankey.

THE SCHEDULE.

PART I.

The Interpretation Act, 1889.

(52 & 63 Viot. c. 63.)

In seotion eighteen, tho definitions oE " British India " and " India " shall bo¹ omitted; and in the definition of "(lovernor" the worda "and India " shall be omitted and after the worda " any othor British posses- sion " there shall bo inserted the worda " outside British India."

After soe.tion eighteen there shall be inserted tho following section :—

" 1 8 A .— (1) In this Act and in every other Act, whether passed

before or after the commencement of this Act,—

Special icflnltlonjB relating to India.

(i) the expression " British poBsesnioii ", when used in relation to British territories in India, shall, unless the contrary inten- tion appears, mean British India as a whole, and references, in whatever words, to tern lories of the Crown abroad shall as respects India be cons I rued accordingly ;

(it) the expression " G o v e r n o r" shall, when used, in relation to British India as a whole or to India as a whole, mean the CJuveruor-Gnrieral ;

(iii) the expression "• Governor-* Jeneral " shall, when usod id

relation to British India or tolndia,—

(a) in relalion 1o the period between the commencement of Part IIF of the Government of India. Act, 1035, and tho efilnMislirnitit of the Federation of India, menu (ho Governor-!leneral in Council ;

(b) in relation to any period after the commencement of t hd fluid Purl I I I, be construed as including a reference' (o 1hn (invrmor of a Province in India acting within the wopn of tiny authority given to him under JL'iiH. N'T i

(iv) tho expression ¹L indian legislature " and, when used in re- lation to British Jnrliti or to India, the expression " legisla- ture " shall mean the autlioril.y, oilier (linn the Imperial Parliament, competent to make laws for British India, 01 for the relevant part of British Tndia.

(2) This section applies for the interpretation of the Government of India (Adaptation of Acts of Parliament.) Order, 11'37, but it does not apply for the interpretation of (he Government of India Act, 1035, or the Government of Burma Ael, IflDfi, nor, save as aforesaid, for the interpretation of any Order in Council made under either oi thoso Acts, notwithstanding that that Order may provide generally that, this Act fhall apply for the interpretation thereof as it applies for the interpretation of an Act of Parliament.

PART TI.

General enactments.

The Criminal Law (India) Act, 1828.

(9 Geo. 4. c 74).

In sections one, seven nj\d eight, references (in whatever words) to tho British territories under thn fioveriinient of the East India Company shall bo construed as references to British India, British Burma, Aden and the Straits Settlements.

The. Slave. Trade Aet, 1843.

(6 & 7 Viet. o. 08.)

At the end of section four there- shall bo inserted the following sub-

section :—

"(2) In tho ease of Briti-h India, any such writ as aforesaid may bo addressed to the cliief justice,, or oilier chiof judge, of any court which is a High Court for the purposes of the Government of India Aot, 1935."

The Chinese Passengers Act, 1855.

(18 & 19 Viot. o. 104.)

In section one, the words " not being under the government of the East India Company ", and in soctiona eight and ten the words " or in the territories of tho East India Company ", shall be omitted.

The Evidence by Commission Act, 1859.

(22 Viet. o. 20.)

At the end of section five there ahall be inserted the following sub- section :—

"(2) For the purposes of this Act the expression ' Supreme Court * means, as respects India, a court which is a High Court for the purposes of the Government of India Act, 1935, and, as respects Burma, the High Court at Rangoon."

The Indian Securities Act, 1860.

(23 & 24 Viet. c. 5.)

In section one for the words " by tho Secretary of State in Council " there shall be BubBtituted the -words " by the Governor-General ".

The Admiralty Jurisdiction (India) Act, 1860.

(23 & 24 Viet. o. 88.)

For section one thero shall be substituted the following section :—

" 1. The Admiralty Offences (Colonial) Act, 1849, shall apply to British India and British Burma as it applies to colonies."

Application of

piinilpal Act to

British Tndla

tod Rrltlut)

Burma.

The Colonial Laws Validity Act, 186B.

(28 & 29 Viet. c. 63.)

In section one, for the words " and such territories as may for the time being be vested in Her Majesty undor or by virtue of any Act of Parlia- ment for the government of India " thoro shall be substituted the words " British India and British Burma ".

The Documentary Evidence Act, 1868.

(31 & 32 Viet. c. 37.)

In section five, in the definition of " British colony and possession " the words from. " and such " to " India " shall be omitted, and at the end of the seotion there shall bo inserted the following subsection :—

" (2) For the purposoa of this Act, British India aa a whole and also each Governor's Province and Chief Commissioner's Provinoe thereof shall be regarded as separate British possessions."

The Colonial Prisoners Bemoval Act, 1880.

(32 & 33 Viet. c. 10.)

In section two, for the words " such territories as may for the time being be vested in Her Majesty by virtue of any Act of Parliament for the government of India " there shall be substituted tho words " British India or British Burma ".

The Extradition Art, 1870. (31) & 34 Viet. o. 52.)

In soot ion twenty-throe, after the words " of India," there shall bo inserted the words

In section twenty-six, in the definition of " governor " tlit) words " and

includes tho governor of any part of India" shall be omitted.

The Foreign Enlistment Act, 1870.

(33 & 34 Viot. o. 00.)

In section thirty, in the definition of " Tlio Governor " the words " or tho governor of any presidency " shall bo omitted, anrL for the words " and whore a British possession consists " there Hhall be substituted the words " and as respects a British possession which consists."

The Slave Trade Act, 1873. (36 & 37 Viet. c. 88.)

In section two, at tho end of tlio definition of " governor " there shall

be inserted the following words :•—

" Provided that as roHpeets British India it means the Govornor-

Goneral ".

The Courta (Colonial) Jurisdiction Act, 1874.

(37 & 38 Viot. c. 27.)

In section two, for tho words from " or the Channel Islands " to " India and " (here shall bo s\ibstituted tho words " the Channel Islands, British India or British Burma, but shall include ", and at the end of that section there shall bo inserted the following section : -

Appiic.iuiun or Act to British India aDd British Burma.

" 2A. This Act applies m relation to each Governor s 1'rovince and Chief Commissioner's Provinces of British India and to British Burma as it applies in relation to a colony."

The Slarc Trade Act, 187(1. (39 & 10 Viot. c- 40.)

in section two, for the words " If tho Governor-General of India in Council shall at a meeting for making lawn and regulations amend " there shall bo substituted the words " If the Legislature of India shall amend " ; and for the words "• the Secretary of State for India " there shall be substituted the words " the Secretary of State ".

In soction three,"for the words " section 330 of Act 10 of 1872 passed by

the Governor-General of India in Council and" there shall be substituted the words " chaptor XL of the Indian Act V of 1898 " ; for tho words ¹¹ the Governor-General of India in Council or any Indian Government " there shall bo substituted tho words " His Majesty's Representative for the exercise of the functions of the Crown in its relations with Indian States or of the Governor-General"; and for tho words "Her Majesty'e Indian dominions " there shall bo substituted the words " British India, British Burma or Aden ".

After section tlireo there shall be inserted the following eeotions :—

" 3A.— (1) The provisions of this Act shall apply to Burma subject ippllcatlon of (Vet to Burmn.

to the modifications specilied in this section.

(2) In section one, for the words " of any Prince or Stale in India in. alliance with Her Majesty " there shall be substituted the words "a native of any part of Burma not forming part of British Burma "; and for the worda " British India " there shall be substituted the words "British Burma".

8

(3) In section two, for the ;vordrc " the Legislature of India '* there shall bo substituted the words u the Burma Legislature ".

(4) In sootion throo, for tho -words " every High Court in India " there shall be substituted tho -words "tho High Court at Rangoon" ; for the words " And ovory High Court " there shall be substituted the words " And the High Court " ; for the words from " agent of " to the words " alliance with Her Majesty " there shall be substituted the words " agent of the Governor in the said parts " ; arid for tho words " jurisdiction in India " there shall bo substituted tho words " jurisdiction in Burma ".

(5) For any roforonoo to tho Indian Ponal Codo and for tho reference to Chapter XL of the Code of Criminal Procedure there shall be substituted a reference to the Code or Chapter in question as adapted ox¹ modified under tho Government of Burma Act, 193

Provided that, if tho Codo of Criminal Procodure is repealed and re-onaotod in Burma, oithor with or without modifications, the refer- eiioe to the said Chapter XL shall be construed as a reference to the corresponding provisions of the re-enacted Code as for the time heintr in force in Burma.

3B.—(1) The provisions of this Act shall a]>ply to Aden subject to Application of Aoi lo Adun.

the modifications specified in this section.

(2) In section one, the words " or of any Prince or State in India in alliance with Her Majesty " shall be omitted and for the words " British India " there shall be substituted the word " Aden ".

(3) In section two, for the wordy " the Legislature of India " thoro shall be substituted the worda " any authority competent to inako laws for Aden "; after the word " unless ", where it first occurs, thoro shall be inserted the words " (in the case of a law riot made by Order in Council) ", and for the words " amending Act " there shall be substituted the words " amending law ",

(4) In section three, for tho words " every High Court in India " there shall be substituted tho words " the (Supreme Court of Aden " ; for the words " And every High Court " there shall be substituted the words " And the Supremo Court" ; for the words from "agent of" to the words " allianco with Her Majesty " there shall be substituted tho words " agent of the Governor in tho said parts ", and for the words " jurisdiction in India " there shall be substituted the words " jurisdiction in or for Aden ".

(5) Any reference to tho Indian Ponal Code shall be construed as a reference to that Codo ae in force in Aden immediately after the com- mencement of tho Adon Colony Order, 1036, and the referenoe to Chapter XL of the Code of Criminal Procedure shall bo construed as a reference to that Chapter a" for tho timo boing in force in Aden, or, if tho said Code is repealed and re-enacted in Aden, eithor with or without modifications, ns a reference to the corresponding provisions of tho ro-enaoted Code as for the time being in forco in Aden.

Beotion five shall bo omitted.

The Oolonial Fortifications Act, 1877.

(40 & 41 Viet. c. 23.)

In section three, for the words " India as defined for the purposes of the Acts for tho timo being in forco relating to the Government of India" there shall bo substituted the words " British India or British Burma ".

The Colonial Stock Art, 1877.

(40 & 41 Viet. e. 50.)

In aeotion twenty-pix, for the words " Tndia as defined for the purpoaRs of the Acta for the timo being in foroo relating to the Govornmont of India " there shall be substituted the words " British India or British Burma ".

The Territorial Waters Jurisdiction Act, 1878.

(41 & 42 Viot. o. 73.)

In section seven, in tho definition of " Governor " the words " or the Governor of any presidency " shall be omitted, and for the words " and whoro a British possession " there shall bo substituted tho worda " and as respects a British possession which ".

The Fugitive. Offenders Act, 1881.

(44 & 45 Viet. c. 69.)

In seotion thirty-riino in the definition of " governor " the worda " and includes the governor and lieutenant-governor of any part of India " shall be omitted.

me voionvu rnsoners uemovai jict, isa*.

(47 ft, 48 Viot. o. 31.)

After sootion fourteen thcro shall be inserted tho following sections :—

" 1 4 A— ( 1) This Act in its application to British India shall have

effect subject to the modifications speoified in this seotion.

Application <• I Aof to Brltlnh [nil la.

(2) In relation to persons removed or to be removed, or returned or to be returned, from or to British India to or from any part of His Majesty's dominions outside British India, British Tndia shall be deemed to be one British possession and, in relation to that possession, any reference to the Government, to the Governor or to the Governor in Council and any roference to the Legislature shall be oonstrued as a referonoo to the Governor-General or, as the case may bo, to the Indian or Federal Legislature.

(3) In relation to persons removed or to bo removed, or returned or to be returned, from or to ono Province in British India to or from another Province in British India, each Province shall be deemed to be a separate British possession ; any reference to tho Government or to the Governor in Council and any reference to the Legislature shall, in relation to a Governor's Province, be construed as a reference to the Governor or, as the case may be, to the Provincial Legislature ; and any reference to the Government, the Governor or the Governor in Council and any roference to the Legislature shall, in rolation to a Chief Commissioner's Provinoe, be oonstrued as a reference to the Governor-Gonoral or, as tho ease may be, to tho Indian or Federal Legislature

Application of

Act to British

Burran.

14B. In tho application of this Act to British Burma references to the Governor in Council shall be construed as references to the Governor."

In section eighteen—-

(a) after the worda " unless the context otherwiso requires " there shall be inserted the woids " and subject, as respects India, to the provisions of seotion fourteen A of this Act " ;

(6) in tho definition of " British possession ", the "words " and any part of India under a Governor or Lieutenant-Governor shall b? deemed to be ope British possession " ehall be omittod ;

8 A

(c) the definition of " India " shall be omitted ;

(d) in the definition of " legislature ", the words " and in every part of India means tho Governor-(!enerul in Council " shall be omitted ; and

(e) in the definition of " Governor ", the words " and includes the Governor-General of India and also tho Governor and Lieutenant-Govortior of any part of India " ahall be omitted.

The Evidence by Commission Act, 1885,

(48 & 49 Viet, o. 74.)

In sections two and three, after tho word " India " there shall be inserted the word " Burma ".

The Colonial Courts of Admiralty Act, 1800.

(53 and 54 Viot. c. 27.)

At the ond of section four there shall be inserted the following paragraph :—•

"This sootion shall not apply to Indian laws or Burma laws,"

In proviso (a) to subsection (2) of section nine, for the words "or in any British possession " thero shall be substituted the words " or in Burma or in any other British possession ".

The Foreign Jurisdiction Act, 1890,

(53 & 54 Viot. o. 37.)

At the end of section fifteen there Bhall be insorted the words " and natives of any part of Burma which is not part of British Burma ".

The Superannuation Act, 1892.

(56 & 56 Viet. o. 40.)

In subsection (3) of Bootion one, after the words " revenue of India " thero shall be inserted tho words " or of Burma " and the words " in Council of India " shall be omitted.

In paragraph (o) of section four, after the words " of India " there shall be inserted the words " or of Burma ", and at tho end of the seotion thore shall be inserted the following subsection :—

" (2) In thifl Act references to the revenue of India inolude references to the revenues of the Federation (and, before the establishment of the Federation, tho revenues of the Governor-General in Counoil) and to the revenues of any Province in India ".

The Regimental Debt* Act, 1893.

(56 & 57 Viet. c. 5.)

In Bootion sixteen, after the word " India " there shall be inserted the words " or Burma ".

In eeotion twenty-five, for tho words " as if it were a colony " there shall be substituted the words " and to Burma an if they were colonies " ; and at tho ond of the section there shall bo added the words " or to any native of Burma within the meaning of Burma military law ".

In section twenty-six, after the word " India " whero it first Occurs there shall bo inserted the words " or Burma " ; after tho words "of tho oom- mander-in-chief in India " there shall be inserted the words " or of tho general offioor commanding the foroes in Burma " ; tho words " or of any provincial Commander-in-Chief in India " shall be omittod and for the words " The Seoretory to the Government of India in the Military Department " there shall be substituted tho words " The Governor-General of India or, as the ease may be, the Govornor of Burma ".

In section twenty-sovon, for the words " the Indian military an orphan funds, or either of them" there shall he substituted tho words " any officially recognised pension or provident fund ".

Seotion twenty-eight shall he omitted.

In section twenty-nine, in the definition of " representation " after the word " I n d i a" in both placet) where It occurs there shall he inserted the word " Burma ", and in the definition of " official administrator " the words " presidency or " shall bo omitted, and after the word " province " there shall be inserted tho words " and in "Burma the administrator-general of Burma ''.

The. Trustee. Act, 1893.

(fifl & 57 Viet. c. 53.)

Until tho Parliament of Northern Ireland makes otlior provision in that behalf, this Act shall, in ita application to Northern Ireland, have effect as if ;—

(a) at the end of paragraph (d) of section one there were inserted the words " or in any sterling loans raised by the Secretary of State on behalf of the Governor-General of India in Council undor the provisions of Tart XIII of tho Government of India Act, 1935" ; and

(b) at tho end of tho said section there were inserted tho words " (2) Tho dissolution of the Council of India shall not remove from tho operation of this section any securities whioh were within the operation thereof immediately boforo the dissolution of that Council ".

The Merchant Shipping Act, 1894.

(57 & 08 Viet. e. 60.)

In section ninety-nine, for tho words " Indian Marine Service ", in both places whore they occur, there shall be substituted the words " Indian Navy ".

In seotion one hundred and twenty-five, in subsection (1), after the words " of India ", there shall bo inserted the words " or Burma ", and after the words " British Tndia " there shall be inserted the words " or British Burma " ; in subsection (2), for the worda from " as the Governor-General " to the end of the subsection there shall be substituted tho words " as tho Governor^ General of India or tho Governor of Burma, according as the agreement is made in India or Burma, may direct " ; in subsection (3) the worda " in Council of India ", whorovor they occur, shall he omitted, and in subsection (4) after tho word " India ", wherovor it occurs, there shall be inserted the words "or Burma ".

In seotion one hundred and eiglity-fivo, the words " in Council of India "" wherever they occur, shall be omitted ; in sub-seotion (1), after the words " nativos of India " there shall be inserted the words " or Burma " ; in subsection (2), after tho words " The part of Tndia " there shall be inserted tho words " or of Burma " ; in subsection (3), the words " out of the revenues of India " shall be omitted, and at the end of the subsection there shall be inserted the words " but, HO far as not recovered from tho ownor or master shall be a liability to bo mot out of tho rovonues of Tndia or, as tho case may be, of Burma ", and in subsection (4) aftor tho word " India " there shall be inserted the words " or Burma ".

In section two hundred and seventy, after the words " British India "

there shall be insertod tho words " British Burma ".

In subsection (2) of section three hundred and sixty-eight, for the words "Governor-General of India in Council" there shall be substituted the words " legislature of India ".

After section three hundred and sixty-eight there shall be inserted the

following section :—

Power for LedWttture or Bunnn to apply Part til.

" 368A.—(1) The provisions of the past preceding section shall apply- in relation to British Burma as they apply in relation to British Tndia with the substitution of referenced to British Burma for references to British India or Tndia and. of a reference to Burma law for tho referoneo to Indian law.

(2) Any Act of tho Indian Legislature which, as adapted or modified under the Government of Burma Act, 1035, is in force immediately after tho commencement of that Act as part of the law of Burma shall, for the purposes of this section, bo deemed to be an Act of the Legislature of Burma ".

The Appellate Jurisdiction Act, 1008.

(8 Edw. 7. o. 61.)

In subsection (1) of section two, for the words " any High Court in British India " thero shall be substituted the words " tho Federal Court in India, a High Court in British India or the High Court at Rangoon ", and for subsection (3) of that section there shall be substituted the following subsootion :—

" (3) In this section tho expression ' High Court in British Tndia ' mearuj a court which is a High Court for the purposes of the Government of India Act, 1936, and, as respects any period before the oommenoo- ment of Part IIT. of that Act, a court which was, or was recognised by Order in Council as being, a High Court in British Tndia for tho purposes of this seotion ".

In the Schedule, after tho words " British India " there shall be inserted

the words " British Burma ".

The Pensions (Governors of Dominions, etc.) Act, 1911.

(1 & 2 Geo. 15. c. 24.)

In subsootioii (1) of section twelve, after the words "of British Tndia "

there shall be inserted the words " find of British Burma ".

Th* British Nationality and Stains of Aliens Act, 1914.

(4 & 5 Goo. 5. o. 17.)

In subsoction (1) of seotion eight, after tho words "British India"

here shall bo inserted the words " British Burma ".

The. Prize Courts Act, 1915.

(5 & 6 Geo. 6. o. 57.)

In section four, for the words " as respects any prize court in India accept on the application of the Governor-General of India in Council" ;here shall bo substituted tho words " as respects any prize court in India, sxeopt on the application of the Governor of the Province in which the jourt has its principal seat or, as respects any prize court in Burma, except in tho application of tho Governor of Burma ".

The Official Secrets Act, 1920.

(10 & 11 Geo. 5. o. 75.)

In proviso (a) to subsection (1) of section eleven, for tho words " and

India , thero shall be substituted the words " India and Burma ".

Me Trust* {Scotland) Act, 1921.

(11 & 12 O o. 5. c. 68.)

At tho cud of section ten there shall bo inserted the following sub-

section :—

"(2) In this section the oxprossion "the Indian Government"

means the Secretary of State in Council of India, but the dissolution of tho Council of India anal] not rtniovc from the operation of this section any stock, debentures, bonds or mortgages whioh were within the operation thereof immediately before tho dissolution of that Council."

The Treaties of Washington Art, 1022,

(12 & 18 Goo. 5. c. 21.)

In MiliKcction (1) of section live, alter tho word " India " there shall bo

inserted the word " Burma ".

The Finance Act, 1923.

(13 & 14 Geo. 5. c. 14.)

In section nineteen, in subsection (2), after tho words " British India '' there ahull be inserted the words " or British Burma ", and in subsection (4) for the words '' British India or for " thoro shall be substituted the words " India, Burma or ".

The Trustee Act, 1926.

(15 & 16 Goo. 5. c. 19.)

At the end of section one, there shall be inserted the following sub-

section: —

" (3) The dissolution of tho Council of India shall not removo from Hie operation of this section any debenture stock or other stock whioh was within the operation thereof immediately before the dissolution of that Council. "

The, Merchant Shipping (International Labour Conventions) Act, 1926.

(15 & 16 Geo. 5. c. 42.)

At the end of section five thtrc thall be inserted tho following sub-

section—

" (2) Notwithstanding the separation of India and Burma this Act

shall oontinuo to have effect as if Burma wero still part of India."

Indian and Colonial Divorce jurisdiction Act, 1926.

(16 & 17 Geo. 6. c. 40.)

In subsection (1) of section one, for tho words " a High Courb in India to which Part IX of the Government of India Aot applies" there shall be substituted tho words " a High Court in British India constituted by His Majesty by Letters Patent " ; and for the words " where a court in India " there shall be substituted the words "where a court in British India ".

In subsection (4) of section one, the words " in Council of India " shall

bo omitted.

In subsootion (6) of section one, foi the words " and India " there shall

be substituted tho words " India and Burma ".

At the end of section one, there shall bo inserted the following

sections :—

" 1A.—Tho provisions of section one of this Act shall apply in rela-

tion to Burma an they apply in relation to India, subject to the following inrid Mentions, that is to say—•

Divorrn .Turlflfllctlon of Hlgli Court In Burma whore partiots are domlcllud In EnBland or BcoU&nd.

(a) in subsection (1) of the said section, for (ho words "a High Court in British India constituted by HiH Majesty by Letters Patent " thore shall bo substituted tho words "tho High Court at Rangoon ", and for tho words •' whoro a court in British India" thero shah¹ bo substituted tho words " whero the court " ;

(b) in the provisos to the said subsection, for tho words " any such I'outL ", wherever those words Occur, thore shall be substituted tho "words " the court " ; and for the words " no such court shall " thert< Khali bo substituted tho words " tho court shall not '' ;

(c) in subsection (3) of the said section, for the words " the High Court in India by which the decree or order is made " thero shall be substituted the words "the High Court at Rangoon" and for the words " by the High Court in India " there shall be substituted the words " by the High Court at Rangoon " ;

(d) in subsection (4) of tho said section, for the words " a High Court in India " thoro shall be substituted the words '' the High Court at Rangoon " and in paragraph (g) for the words " each High Court " there shall bo substituted the words " the High Court " ;

(e) in subsection (5) of the said section, for tho words " a High Court in India " there shall bo substituted the words " the High Court at Rangoon " ;

(/) save aa aforesaid, for tho word " India " wherever it occurs in tho said section (except in tho phrase " India and Burma ") there shall be substituted tho word " Burma ".

Saving i'nr pending Proceedings, rulest oto.

IB.—(1) Any proceedings commenced undrr this Act hejore the Hoparation of Burma from India may be continued, determined and appealed against in all respects as if Burma had continued to be part of India,

(2) The rules niude under subsection (4) of section one of this Act which immediately before the separation of Burma from India were applicable to the High Court at Rangoon shall, until superseded by fresh rules, continue to apply to that court, and nominations made and approved under those rules shall continue to have effect."

in section two, for tho woidn " the foregoing provisions of this Act " thero shall bo substituted the words " tho provisions of section one of this Act ".

In sootion throe, after the words " in India " thero shall be inserted

the words " (including Burma and Aden) ".

Indian Church Act, 1927. (17 & 18 Ueo. 5. o. 40.)

In section one, in tho definition of " chaplain " for tho words from

"is appointed" to "a like chaplaincy" there shall be substituted the words —

" (i) is a obaplaiu to whom the provisions of section two hundred and sixty-nine of the Government of India Act, 193fi, or the pro- visions of section one hundred and twenty-two of the Government of Burma Act, 1935, apply ; or

(ii) iain the permanent sorvioe of the Crown and has been or la aooepted by tho Seoretary of State in Council of India, or by the Seoretary of State, as holding for the purposes of this Aot a chaplaiuoy in India, Burma or Aden. "

At the end of the said section there shall be inserted the following words

and subsection—

" Any reference* in this Act to the revenues of the Federation of India shall, as respects the period before the establislunent of the Federation, bo construed as a reference to the revenues of the Governor - General in Council.

Any reference in thia Act to, or to nny provisions of, an Indian Act shall be construed us a reference to that Act ae for the time being in foroe in India and, as reapeeta any period after the separation of Burma and Aden from India, as inoluding references to that Act or those provisions as for the time being in force in Burma and as for the time being in force in Aden, and, if any such Aot or pro- visions have, whether in Tndia, Burma or Aden, been repealed and re-enacted either with or without modifications, any reference thereto in this Act ahall be construed as a reference to the re-enacted Aot or provisions as in force in the country in question.

(2) Nothing in the Government of India Aot, 1930, shall be construed as affecting the unity of the Indian Church as denned in this section or as excluding Burma or Aden from the operation of this .Act."

In section throe, after the words " church or burial ground " in the first two plaoes whore those words occur thoro shall be inserted the worda " in India, Burma or Aden ".

In seotion four, in aubsection (1), the words "in Council", in both places where thoso words occur, shall be omitted, and after tho words " whether consecrated or not " there ahall be inserted tho worda " which are situate in India ".

After the said subsection (1) there ahall be inserted the following sub-

section—

" (1A) If auoh a certificate as aforesaid is sent to the Governor General of India ho shall also forward a oertified copy thereof to the Governor of Burma who shall cause it to bo published in the official Gazetto of Burma and thereupon shall be at liberty to resume complete control of all or any Maintained Churches or burial grounds, whether oonseorated or not, which are situate in Burma, and the Indian Church and the officials and members thereof respectively ahall ceaso to have any righta therein. "

In subsection (2), at the end of paragraph (i), there shall be inserted

the words " or, as the case may be, of the Government of Burma ".

In subsection (3), for the words " the Governor-General of India in Council " there shall be substituted the words " the Governor-General of India or, as the case may be, the Governor of Burma " ; and at the end of the subsection there shall be insorted the following subsection—

" (3A) The provisions of subsections (1A), (2) and (3) of this seotion

shall apply in relation to Aden as they apply in relation to Burma, with the substitution of the word ' Aden ' for the word ' Burma ' whorever that word occurs."

In section five, for tho words from " The Governor-General " to " Council of India" there shall be substituted the words "The Governor- General of India as respects India, the Governor of Burma as respects Burma, and the Governor of Aden as rospeote Aden, in each oasc with, the sanction of the Secretary of State, "

9

In paragraph (ii) of the said section for tho word '' the revenues of India " there shall bo substituted the words " the revenues of the Federa- tion of India, the rovonuea of Burma or tho revenues of Aden, aa tho oase may bo ".

In paragraph (x) of tho said section for the words " the Governor- General of India in Council " there shall be substituted the words " tho Governor-General of India, the Governor of Burma, or the Governor of Aden ".

At the end of the said section there shall be inserted the following sub-

section—

"(2) Any rules made under this section which immediately before tho separation of Burma and Aden from India were applicable to Burma or Aden shall, until superseded by other rules, continue to apply with any necessary modifications to Burma or Aden, as the caeo may be."

In section oight, at tho end of subsection (2), there shall be inaorted

the following subsection—

" (2A) Notwithstanding anything in section one of this Act, sootion ninety-two of the Code of Civil Procedure as for tho time being in foroo in India shall, for the purposes of this section, be deemed to be in force in Aden an part of the law of Aden, whether it i# there in force for other purposes or not, and any appeal under this seotion from the decision of a court in Adon shall lie to, and bo ontertained by, the High Court at Bombay."

Subseotion (3) of tho said seotion shall be omitted. In section, nine, in pangi'ap'.i (i) for the) w->rla lw th i Swebary of Sbate in Council of India " in both places in which they ocour there shall be substituted the worde " any competent authority " ; in paragraphs (iii) and (iv) after " continuance " there shall be inserted the words " by the competent authority "; and in paragraph (iv) after the words " minister in India " thero ahall be insortod tho words " Burma or Aden ".

Throughout tho section for tho words " tho revenues of India " there shall bo substituted the words " public rovenuea of India, Burma or Aden ".

The Easter Act, 1928.

(18 & It) Geo. 5. c. 35.)

In part I of the Schedule, aft-er the words " British India " thero shall

bo inserted the words " British Burma ",

The Appellate Jurisdiction Act, 1929.

(19 & 20 Geo. 5. o. 8.)

For subsection (2) of soction one there shall be substituted the following

subsection :—•

" (2) A person shall be qualified under this soction if he ia a Privy

Councillor, and

(a) is or has been a judgo of the Federal Court in India, a High

Court in British India or the High Court at Rangoon ; or

(fc) is a barrister, advocate or pleader of not less than fourteen years standing who practise?, or has practised, in British Jndia or Britisl) Burma.

In this subsection tho expression ' High Court in British India moans a cowl wliich in ft -High Court for the purposes of tho Govern- mont of India Act, 1935, and, as respects n.ny j>oi'ioil before tho com- mencement of Part III of that Act, a court which wan a High Court within the meaning of clause (24) of section three of an Act of tho Indian Legislature known as the General Clauses Act, 1807."

In subsection (B), fo)¹ Ihe words " the revoiiueH of India " Uiero shall be substituted the words " the revenues of the Federation of India, tho revenues of the Governor-General of India in Council or the revenues of Burma, as the case may bo,"

The Companies Act, 1929.

(19 & 20 Goo. 5. o. 23.)

In paragraph (h) of subsection (1) of section fifty-four, for the words '' as amended by " there shall he substituted tho words '' aa amended or adapted by or under ".

The Import Duties Act, 1932.

(22 & 23 Geo. 5. c 8.)

At the end of subsection (1) of section four there shall bo inserted the

following words :—•

" This section shall apply also to Burma aa rospcots goods imported

after tho thirty -first day of March, nineteen hundred and thirty-oiglit." In subsection (1) of section twenty-one, in the definition of " the British Empire " after the word " India " there shall be inserted the words " and Burma ".

The Xele of Man (Customs) Act, 1932.

(22 & 28 Geo. 6. c. 10.)

At the end of subsection (1) of seotion two there shall be inserted thtt

following words :—

" This seotion shall apply also to Burma as respects goods imported after the thirty-first day of March, nineteen hundred and thirty eight."

In paragraph (b) of seotion eleven, after tho word " India, " there shall

be inserted the words " and Burma ".

The Finance Act, 1933.

(23 & 24 Geo. 5. c. 19.)

At tho end of paragraph (a) of subsection (1) of section fifteen there shall be inserted the words " (as adapted by any Order in Council made under the Government of India Act, 1935) ",

In paragraph 2 (d) of Sohodule V, after tho word " India " there shall

be inserted the word " Burma ".

The Isle of Man (Customs) Act, 1933.

(23 & 24 Geo. 5. o 40.)

At the end of paragraph (a) of section eleven and at the end of para- graph (b) of subsection (2) of sootion twenty-one there shall be inserted the words " (as adapted by any Order in Council made under the Govorn' ment of India Act, 1935) ".

In paragraph 2 (d) of Sohedule IV, after the word " India " there shall be

inserted the word " Burma ".

9 A

The Whaling Industry (Regulation) Act, 1934.

(24&25Geo. B.C. 49.)

In subsection (1) of sootion fifteen, the words " or by the Indian Legisla- ture " and the words " or, an the case may bo, in British India " shall be omitted, and in subsootion (1) of section soventeen, after the word " India " there shall bo insortod the words " or Burma ".

The Unemployment Insurance Act, 1935.

(25 & 26 Geo. 6. o. 8.)

In paragraph (d) of subsection (10) of section ninety-six, after (ho words

" Tudian foroes " thero shall be inserted tho words " Burma forces ".

The National Health Insurance Act, 1936.

(26 Gco. 5 & 1 Edw. 8. o. "32.)

In subsection (1) of section one hundred and twenty-nine, after tho words " Indian Foroes" thoro shall be insorted the words " of His Majesty's Burma Forces ".

PART III.

The Army and Air Force Acts.

(a) Adaptations of the Army Art and also of tits Air Force Act.

In section thirteen,—in paragraph (a) of subsection (1) after the word

" India " there shall be inserted the word " Burma ".

In section fifty-four,—-in subseotion (H), after the word " India " there shall be inserted the words " or Burma ", and at the end of the sub- section there shall bo added tho words " or, as the oase may be, by the Governor of Burma " ; and in subHn<.;tioii (0) aftor the words " the Governor- General " there shall he inserted the words " or, if he has been tried in Burma, by the Governor of Burma ".

In section fifty-nine, after the word " India ", in both places where it

ocours, there shall be insorted the word " Burma ".

In seotion sixty, after tho word " India ", in both places where it ocours,

there shall be inserted the words " or Burma ".

In section sixty-four,—in subsection (4) after the word " India ", in the first three plaoes where it occurs, there shall be inserted the word " Burma", and after tho words " Governor-General of India" there shall be inserted the words " the Governor of a Province in India, the Governor of Burma ".

In seotion sixty-eight,—in paragraphs (/), (g) and (h) of subsection (2) after tho word " India " wherever it ooourn, there ^hall be inserted the word " Burma ".

In seotion ninety-four, after tho word " India" where it first occurs, there shall be inserted the word "• Burma ", and after the words " in the Dominion ; and " there shall be inserted the words " In Burma, any person duly authorised in that bohalf by the Governor of Burma ; and ".

In section one hundred and twenty-two,—in subsection (6) after the words " the Governor-General of India " thero shall be inserted the words " the Governor of Burma ".

In section one hundred and twenty-seven, tho words " to the provisions of the Indian Evidence Act, 1872, or " shall be omitted, and after the word " legislature " there shall bo inserted the words " or authority ".

In section one hundred find thirty, -in subsection (fi) for the Words " presidency in which tho person is confined " them shall be substituted the words " Province ID which the person is confined and, in the case of ft person confined in Burma, the Governor of Burma ", and after the words " the United Kingdom, India ", in both places where those words occur, there shall he inserted tho word " Burma "-

In section one hundred and thirty-two, after tho words "in India for the Governor-General " in both places where those wordy occur, there shall be insorted tho words " and in Burma for the Governor " ; for the words " tho Secretary of State ur Governor-General " there shall be substituted tho words " the Socretary of State, Governor-General or Governor ", and for the words " The Secretary of State and Governor-General shall by rule " there shall be substituted the words "The Secretary of State, the Governor- General and the Governor of Burma shall by rules ".

In soction one hundred and thirty-four, after the word "• India " in both places where that word occurs, there shall be inserted the words " or Burma ".

In section one hundred and thirty-five, after the words " with the Govemor-Genoral of India" there shall bo inserted tho words " the Governor o£ any Province in India, tho Governor of Burma," ; for the words " or in such ooloiiy " thero shall be substituted the words " Burma or that colony " ; and aftor the words " from the Governor-General of India " there shall be inserted the words " the (Governor of the Province, the Governor of Burma ".

In seotion one hundred and tliirty-aix, for the words " passed by the Governor-General of India in Counofl " thero shall be substituted the words " for the time being in force in India or Burma, being in the case of India a law of the Indian legislature ".

In section one hundred and thirty-seven,—in paragraph (4) after the words "the Governor-General" there shall be inserted the words "or, in the case of officers serving in Burma, the Governor " ; after tho words " an officer serving in India" thero shall bo inserted tho words " or Burma", and for tho words " in Council" there shall be substituted the words " or, as the case may be, for Burma ".

In. section one hundred and forty-three,—in subsection (1) for the words " the legislature or other authority in India or any colony " there shall be substituted the words " any legislature or other authority in India, Burma or a colony ".

In section one hundred and fifty-foul',—in paragraph (5) after the word " I n d i a" there shall be inserted the words "or Burma ", and in para- graph (7) after the word " India" there shall be inserted the word ⁷l Burma ".

In section one hundrod and fifty-six,—-in subsootion (8) after the words " the Governor-General of India " there shall bo inserted the words " or the Governor of Burma " ; for the words " by any law or Ordinanoe to reduce" thore shall bo substituted tho words " to provide for reducing " ; and after the words " such Governor-General " there shall be inserted the word " Governor ".

In section one hundred and sixty-two,—in subsootion (3) for the words " supreme court in India " there shall be substituted the words " High Court in India or Burma ".

In section one hundrod and sixty-three.—in paragraph id) of subsection (1) after the words "Governor-General of India" there shall be insorted the words " and, if in Burma, by some office under the Governor of Burma " ; and in subsection (2), after the word " India " there shall be inserted the words " or Burma ".

In section one hundred and sixty-eight, after the word " India " there

shall be inserted the word " Burma ",

In section one hundred and sixty-nine, after the words " (he Governor- General of India " there .shall bo inserted tho words " and tho Governor of Burma " ; tho words " by law " shall be omitted, and after tho words " appear to the Governor-Genem!" there shall bo inserted the word " Governor ".

In sootion one hundred and seventy,—in subsection (3) for the words " supreme court in India " thero shall be substituted the words " High Court in India or Burma ", and after the words " such Indian " there shall be inserted the word " Burma ".

In section one hundred and soventy-rlve,—in paragraph (4) for the words " and of India " there shall be substituted the words " India and Burma " ; in paragraph (7) after the words " Governor-General of India " there shall be insertod the words "or of the Governor of Burma " ; and

in paragraph (12) after the word "India " in both places where it occurs, there shall be insertod the word " Burma ".

In section one hundrod and seventy-six,—in paragraph (3) for the words " and of India " there shall be substituted the words " India and Burma " ; and

in paragraph (11) after the word " India " in both places whore it occurs, there shall be inserted the word " Burma ".

In section one hundred and seventy-sevon, for the words " in India or in a colony " thero shall be substituted the words " in India, Burma or a colony", and after the words " of India " wherevor those words ooour, there shall be inaertod the word " Burma ".

In section ono hundred and eighty,—in subaeotion (1) after the word " India" whorover it occurs, there shall be inserted the words " or Burma ", and in subsection (3), after the word " India " there shall be inserted the words " or Burma ".

In section one hundred and eighty-one,—in subsection (1) after the word *' India " there shall bo inserted tho word " Burma ".

In section one hundred and ninety,—for paragraph (21) the following paragraphs shall be substituted :—

" (21) The expression ' British India ' means all territories for the time being comprised within the Governors' I'rovinoes and the Chief Commissioners' Provinces, and the expression ' India ' means British India together with all territories of any Indian Ruler under the suzerainty of His Majesty, all territories under the suzerainty of any such an Indian Ruler, the tribal areas and any other territories which Hia Majesty in Council may from time to time after ascertaining the views of the Federal Government and the Fedoral Legislature, declare to be part of India.

(21A) The expression ' Burma ' includes (subject to the exercise by Hia Majesty of any powers vosted in him with respect to the alteration of the boundarios thereof) all territories whioh were immediately before the first day of April, nineteen hundred and thirty-seven, com- prised in India, being territories lying to the east of Bengal, tho State of Manipur, Assam and any tribal aroas connected with Assam, and the expression ' British Burn,a' means so much of Burma as belongs to His Majesty.

(21B) The expressions ' tribal areas ' and ' Ruler ' have for the pur- poses of the foregoing definitions, the same meanings as they have in tho Government of India Act, 1035 " ;

In paragraph 23(A) after the words " of British India " there shall bo inserted the words " of British Burma " ;

in paragraph (24) for the words " or Indifl " there shall be substituted the words " xndia or Burma '' ;

in paragraph (30) the words from the beginning to " chief court and'

shall bo omitted ;

in paragraph (33) after the word " India " there shall be inaerted the

•words " or Burma ", and

in paragraph (35) after tbo word " India " there shall be inserted the

word " Burma ".

(b) Adaptations of the Army Act.

In section one hundred and seventy-five, —in paragraph (7) after the words " native of India " thero shall be inserted the words " or Burma " and after the words " to Indian military law " there shall be inserted the words " or, as the case may bo, to Burma military law, but in either case "; and in paragraph (II) after the word " I n d i a" there shall be inaerted tho word " Burma ".

In section one hundred and seventy-six,—in paragraph (8A) after th° word " India " thero shall be inserted the -word " Burma " ; in paragraph (10) after the words " Indian military law " in the firat place where those words occur there shall he inaerted the words " or consisting partly of His Majesty's Burma forces subject to Burma military law " ; after the words " natives of India " there shall be inserted the words " or, as the case may be, natives of Burma ", and at the end of tho paragraph thero shall be added the words " or, as the cane may bo, to Burma military law ",

In section one hundred and eighty, for subsection (2) the following

mibsoction shall be substituted :—•

" (2) In the application of tliis Act to His Majesty's Indian forces and His Majesty's Burma forces (hereafter in this flection referred to is the Indian forcos and the Burma forces reapootively) the following modifications shall bo made :—

(a) nothing in this Aot shall prejudioo or affeot the Indian military law respocting officers or soldiers bolonging to or followers in tho Indian forces, boing natives of India, or the Burma military law respecting officers or soldiers belonging to or followers in tho Burma forces, boing natives of Burma, and on the trial of all offenoes committed by any such officer, soldier or follower referenco shall be had to the Indian military law or, as the caso may bo, tho Burma military law for auoh officers, soldiers or followers, and to the oatab- liHhed usages of tho service, but oourts martial for such trials may be convened in pursuance of this Aot ;

(b) Indian military law or, as the caa© may be, Burma military law shall extend to such officers, soldiers and followers afi aforesaid wherever they are serving ;

(c) the Governor-General of India may Buspend the proceedings of any court martial held in India on an officer or soldier belonging to the Indian forces or to the Burma forces, and the Governor of Burma may suspend the proceedings of any court martial held in Burma on any such officer or soldior ;

(d) an officer belonging to tho Indian forces who thinka himaelf wronged by his oommanding officer and on due application made to him does not receive the re-dress to which he. con- siders himself entitlod may complain to the Governor-General of India, who shall cause his complaint to tho enquired into and if so desired by the officer shall make a report through the Secretary of State to Ilis Majesty in order to receive the directions of His Majesty thereon ;

(e) a court martial or, whore the case is dealt with summarily under the provisions of this Act, the authority having power HO to deal with the case may sentence an officer belonging to the Indian forces to forfeit all or any part of his service for the pm-poHes of promotion a7id, in addition, if the oourt or authority thinks fit, to be severely reprimanded or reprimanded ;

(/) the (Jovernor-Genoral of India in tho ease of the Indian foroes, and the Governor of Burma in the case of the Burma foroes, may reduce any warrant officer to a lowoi¹ grade of warrant rank, or may remand any such warrant officer to regimental duty in the regimental rank held by him immediately before liia appointment to be a warrant officer ;

[q) the provisions of this Act relating to warrant officers shall apply to hospital apprentices in India or Burma although not appointed by warrant ;

(h) Part II of this Act shall not apply to the Indian forces or tho Burma foroes, but pnraoufi may be enlisted and attested in India or Burma for medical service or for other special service in the Indian forces or the Burma forces for such periods, by such poisons and in such manner as may be from timo to time authorised by the Governor-General or the Governor of Burma."

In section one hundred and ninoty, —in paragraph (8) for ths words " and His Majosty's Indian forces " there shall be substituted the words " His Majesty's Indian foroes and Hia Majesty's Burma forces ".

For paragraph (22) thoro shall be substituted the following paragraph :—

" (22) The expressions ' native of India ' and ' native of Burma ' mean respectively a person triable and punishable under Indian military law or Burma military law."

(c) Adaptations of the Air Force Act.

In aeotion one hundred and seventy-five,—in paragraph (11A) after tho words " in India " there shall be inserted the words " or Burma " ; after the words " outside India " there shall be inserted the words "or, as the case may be, outside Burma", and after the words " of India" there shall be inserted the words " or, as the oase may be, by the Air Council and the Governor of Burma ".

In section one hundred and seventy-six,—in paragraph (8B) after the words " in India " there shall be inserted the words " or Burma " ; after the words " outside India " there shall bo inserted the words "or , as the caeo may be, outside Burma ", and after tho words " of India " there shall be inserted the words " or, as tho oaee may be, by the Air Council and the Governor of Burma",

In section one hundred and eighty-four B, after the words " in India " there shall be inserted the words " or Bunna ", and after the worda " of India " there shall be inserted the words " or, aa the case may be, by the Air Council and the Governor of Burma ".

PART IV.

ENACTMENTS RELATING TO INDIAN RAILWAYS. The Indian Guaranteed Railways Art 1879.

(42 & 43 Viet. c. 41.)

In seotion one, aftor the words " the Secretary of State for India in Council " (where those words first ooour) there shall bo insertod the words " the Fodoral Railway Authority or any Government in British India " ;

after those words in the fiooond place where they oocur, there shall be inserted the words " or any Government in British India" ; the words " and belonging to the Secretary of State for India in Council, or " and the words belonging or" (in both places whero they ooour) shall be omitted ; and at the end of the section there shall be added the following paragraphs—

" The. term ' the General Controlling Authority ' means, in relation to a Federal Railway, tho Federal Railway Authority, in relation to a minor railway, the Provincial Government, mid in relation to an Indian State Railway, the Governor-General acting in his discretion " ;

The terms ' Federal Railway ', ' Indian State Railway ', ' minor railway ' and ' Federal Railway Authority' have the meanings respectively assigned to thorn in the Government of India Act, 1936, except that, as respects tho peviod bofore tho establishment of the Federal Railway AuthoriLy, the term " Federal Railway Authority" means the Govornor-Goneral.

In section two, for the words " tho Secretary of State for India in Council", where they first occur, there shall bo substituted the words " the Federal Railway Authority or any Government in British India " ; for the words " with the sanction of the Secretary of State for India in Council" there shall be substituted the words "with the sanction of the General Controlling Authorities of all the railways conoerned ".

In section three, for the words " the Socretary of State for India in Council" the words " the Secretary of State", and " the Seoretary of State in Council " wherever thoy occur there shall be substituted the words " the Governor-General ".

In section four, for the words " with the sanotion of the Seoretary of State for India in Council " there shall be substituted the words " with the sanotion of the General Controlling Authority " ; for the words " with the Secretary of State for India in Council " there shall be substituted the words " with the Federal Railway Authority or any Government in British India " ; and for the words " by laws and regulations made by the Governor-General in Council " there shall be substituted the words ' ' by or under the law in force in British India."

Seotion five shall be omitted.

The East India Unclaimed Stock Act, 1885.

(48 & 49 Viet. o. 26.)

At the end of section twonty-two there shall be added the following

paragraph :—

" The powers conferred by this seotion on the Secretary of State (including the power to make regulations) shall, after the coming into force of seotion one hundred and ninety-nine of the Government of India Act, 1935, instead of being exercised by the Secretary of State, be exercised in accordance with the provisions of that section."

In. section twenty-three for the words " tho Secretary of State " there

shall be substituted tho words " the Governor-General ".

The Indian Railways Act, 1894.

(67 & 68 Viot. o. 12.)

In section two, after the words " the expression ' the Secretary of State * means " there shall be inserted the words " as respects the period before the commencement of Part III of the Government of India Act, 1936 ",

tr\

Private Railway Acts.

Any power conferred by any Privato Act on a Railway Company to make and carry out contracts with the Secretary of Stato in Council shall be deemed to include a power to make and carry out contracts with the Federal Railway Authority (as defined in the Indian Guaranteed Rail- ways Aot, 1879) or any Government in British India for the like pur- poses ; references in any Private Act relating to railways in India to the Secretary of State in Council in relation to contracts or anything to be done in relation to oon tracts shall, where the oontext and the oiroumstancos so admit or require, be construed as including references to that Authority or any such Government ; any provision in any such Aot requiring the previous sanction of the Secretary of State in Council to the payment of any portion of the remuneration of a director of a railway company as part of the working expenses of the company shall be construed as requiring the previous sanction of the Governor-General thereto ; and any provision in any such Aot vesting any property in the Secretary of State in Council shall be construed as having vested that property in His Majesty for the purposes of the Government of India.

General and Private Railway Acts.

So much of any enaotment relating to railways in India, whether contained in a Public General Aot or a Private Act, as directs the Secretary of State in Counoil to hold unlcaimed monoys subjeot to the claims of persons entitled thereto or authorises him to apply such moneys aH part of the revenues of India, or to apply them as part of the revenues of India or otherwise as he thinks fit, shall be construed as roquiring the Secretary of State to treat such monoys (subject to any claims which may be established thereto in accordanoe with the rolevant enactments) as part of the revenues of the Governor-General in Counoil or, after the establishment of the Federation of India, as part of the revonues of the Federation.

THE GOVERNMENT OF INDIA (ADAPTATION OF

INDIAN LAWS) ORDER, 1937.

AT THE COIJUT AT BUCKINGHAM PALACti,

The 18th

PBKHMNT :

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

Whereas by section two hundred and ninety-three of the Government of India Act, 1935 (hereafter in the recitals to this Order referred to as " tho Act ") His Majesty is empowered by Order in Council to provide that as from sueh date an may be spooified in the Order any law in force in British India, or in any part of British India shall, until repealed or amendod by a oom- petent legislature or other competent authority, have effect subject to such adaptations and modifications as appear to His Majesty to be necessary or expedient for bringing tho provisions of that law into accord with the provisions of the Act:

And whereas a draft of this Order has been laid before P arliament in accordance with the provisions of sub-section (1) of section three hundred and nine of the Act and an Address has been presented to His Majesty by both Houses of Parliament praying that an Order may be made in the terms of this Order :

Now, therefore, His Majesty, in the exercise of the said powers and of all other powers enabling him in that behalf, is pleased by and with the advico of His Privy Council to order, and it is hereby ordered, as follows :—

1. This Order may be oited as the Government of India (Adaptation of Indian Laws) Order, 1937, and shall come into operation on the first day of April, nineteen hundred and thirty-seven.

2.—(1) In this Order the expression "Indian l a w" means

ii law as denned in mention two hundred and ninety-three of tho Act.

(2) The Interpretation Act, 1889, applies for the interpreta- tion of this Order as it applios for the interpretation of an Act of Parliament.

3. The Indian laws mentioned in the Schedules to thin Order shall, until ropealed or amended by a competent Legislature or

io A

other oornpotent authority, liavu eJfect subject to the adaptations and modifications directed by those Schedules to be made therein or, if it is HO directed, shall ooase to have effect.

4.—(1) Whonover an oxprosaion mentioned in the tirat ooluuin of the table horoinunder printed occurs (otherwise than in a title or preamble or in a citation or description of an enactment) in a Central or Provincial Aot or Regulation, whether an Act or Regulation mentioned in the Schedules to this Order or not, then, unless that expression is by this Order oxpt'cssly directed to be otherwise adapted or modified, or to stand unmodified or to be omitted, there shall be substituted therefor the expression set opposite to it in column two of the said table.

Table of General Adaptations.

1.

2.

' Central f Government.

Governor-General of Lndia in Council: Governor-General of India: Governor- General in Council: Governor-General: Government of India.

Provincial Government.

Governor in Council: Governor (except in the expression " Governor's Provinoe ") : Lieuten- ant Governor in Council: Lieutenant Governor : Chief Commissioner (except in the expression " Chief Commissioner's Pro- vince ") : Local Government: Local Admin- istration.

I Official | Gazette.

Gazette of India : local official Gazette : local gazette : any other expression denoting a gazette in which official notices of a govern- ment are published, not being the gazette of a district or other sub-division of a Provinoe, J

Any reference! to tho Governor (or Lioutonant Governor) of a named Province in OounoiJ shall be treated for tho purposes of this paragraph as if it were a reference to the Governor (or Lieuten- ant Governor) in Council of that Province.

(2) A direction in the Schedules to this Order that a specified Indian law or seotion or portion of an Indian law shall stand un- modified shall be construod merely as a direction that it is not to be modified or adapted in accordance with the foregoing provisions of this paragraph.

5.—(1) Whore this Order requires that in any specified Indian law, or in any section or other portion of an Indian law, certain words shall be substituted for certain other words or that certain words shall bo omitted, that substitution or omission, as the case may be, shall, exoept where it is otherwise expressly pro- vided, be made wherever tho words referred to occur in that law or, as the case may be, in that section or portion.

(2) Where this Order requires that in any Indian law a plural noun shall bo substituted for a singular noun or vice versa, or a masculine noun for a neuter noun or vice versa, there shall bo made also in any verb or pronoun in the sentence in question suoh consequential amendment as the rules of grammar may require.

8.—(1) The following provisions shall have effect where any Indian law which under this Order is to be adapted or modified has before the commencement of this Order been amended, either generally or in relation to any particular area, by the insertion or omission of word*, or the substitution of words for other words—

(a) effect shall first be given in the amending law to any adaptation or modification required by paragraphs three and five of this Order to be made therein ; (b) the original law shall then be amended, either generally or, as the ease may be, in its application to the particular area, so as to give effeot to the directions contained in the amending law or, where any adapta- tion or modification has fallen to be mado under sub-paragraph (a), in that law as so adapted or modified ; and

(c) all adaptations or modifications required by this Order to be made in the original law shall then be made in that law as so amended, except so far as in the case of any particular area they may be inapplicable.

(2) In this paragraph references to the amendment of a law by the insertion or omission of words or the substitution of words do not include references to an amendment which is effected merely by directing that certain words shall be con- strued in a partiouiar manner.

7. Subject to the foregoing provisions of this Order, any re- ference by whatever form of words in any Indian law in force immediately before the commencement of this Order to an autho- rity competent at the date of the passing of that law to exercise any powers or authorities, or disoharge any funotions, in any part of British India shall, where a corresponding new autho- rity has been constituted by or under any Part of the Govern- ment of India Aet, 1935, for the time being in force, have effeot until duly repealed or amended as if it were a reference to that new authority.

8. In any Indian law in force immediately before the com- mencement of this Order any reference by name or description to any territory shall, unless the contrary intention appears or unless it has been, or is by this Order, otherwise expressly provided, be construed as a referenco to the territory which

bore that name or answered to that description at the date when the enactment containing that name or description camo into operation :

Provided that in the application of any enactment to Madras, Bombay, Bihar or the Central Provinces, references in that enactment to Madras, Bombay, .Bihar or the Central Provinoes, as the case may be, shall bo construed as exclusive of so muoh of those Provinces respectively as was separated therefrom on the constitution of the Provinces of Orissa and Bind.

9. The provisions of this Order which adapt or modify Indian laws so as to alter the manner in which, the authority by which, or the law under or in acoordanco with which, any powers are exeroisable, shall not render invalid any notification, order, commitment, attachment, byelaw, rule or regulation duly made or issued, or anything duly done, before the commencement of this Order; and any such notification, order, commitment, attachment, byelaw, rule, regulation or thing may be revoked, varied or undone in the like manner, to the like extent and in the like oiroumstanoes as if it had been made, issued or done after the commencement of this Order by the competent authority and under and in accordance with the provisions thon applicable to suoh a case.

10. Save as provided by this Order, all powers which under any law in force in British India, or in any part of British India, were immediately before the commencement of Part III of the Government of India Act, 1935, vested in, or exercisable by, any person or authority shall continue to be so vested or exeroisable until other provision is made by some legislature or authority empowered to regulate the matter in question.

11. Nothing in this Order shall affect the previous operation of, or anything duly done or suffered under, any Indian law, or any right, privilege, obligation or liability already acquired, accrued or incurred under any such law, or any penalty, forfeiture or punishment incurred in respect of any offence already committed against any such law.

IS. For the avoidance of doubt it is hereby declared that—

(a) nothing in this Order transferring or assigning any functions to the Central Government shall be construed as excluding those functions from the operation of section one hundred and twenty-three or seotion one hundred and twenty-four of the Government of India Act, 1935 ;

(b) the transfer by this Order to a Provincial Government of any jurisdiction theretofore exercisable by the Looal Government of the Province shall not be

construed as excluding that jurisdiction from the operation of sub-section (2) of section two hundred and ninety-six of the said Act;

(c) nothing in this Order shall affect the provisions of any Order in Council for the time being in force made under section one hundred and fifty-eight, seotion one hundred and fifty-nine or section one hundred and sixty of the said Act (which empower Ordors to be made regulating the relations of India and Burma as to their monotary systems, relief from double taxa- tion, oustoms, and ancillary and related matters), or under any corresponding provisions in the Govern- ment of Burma Act, 1935 ; and

(d) no repeal effected by this Order shall affect the operation of sub-paragraph (2) of paragraph fifteen of the Government of India (Commencement and Tran- sitory Provisions) Order, 1936.

A/. /'. .-I. ffankey.

FIRST SCHEDULE.

CENTRAL AOTS.

The Secretaries to Government Act, 1834.

(II of 1834.)

For " the Secretaries to the Governments of Fort St. Goorge and Bombay " substitute " the Secretaries to the Provincial Governments of Madras and Bombay ".

The Bombay Coasting Vessels Act, 1838,

(XIX of 1838.)

Section 4.—For "Government of Bombay" substitute ''Central Government ".

Seotion 6.-—For tho second " Government of Bombay " substitute '* Central Government ".

Section 11.—For "the Governor of Bombay in Council" and "the Government of Bombay " substitute " the Central Government ", and at the end of tho section insert—•

" Providod that any such foes as immediately before the com- moncoment of Part III of the Government of India Act, 193C, were, under this Act as then in force to be carried to the credit of the Local Government shall bo paid to such officer oa the Provincial Government may appoint and be carried to the oredit of that Government."

Section 14.—For " Governor of Bombay in Council " and " Governor in Council " substitute " Central Government ",

The Bombay Haqqa Prohibition Act, 1889.

(XX of 183B.)

Sections 1 and 2.—For " Governor in Council of Bombay " substitute " appropriate Government ".

Section 3.—For " of Government " substitute " of the Crown ".

After section 3 insert—

" Interpre-

tation.

4. In this Aot, " the appropriate Government " means the Central Government or the Provincial Government according as the matter in question fans within List I, or Lists II and III, in the Seventh Sohedulo to the Government of India Aot, 1936 ".

The Qanjam and Vizagapatam Act, 1839.

(XXIV of 1839.)

Seotion 8.—For the words from " section whioh are now " to end of the section substitute " section which are included in any distriot shall be vested in the Colleotor of that distriot, and shall be eierciBed by him as Agent for the Provincial Government concerned ".

Section 4.—For " Governor in Council of Fort St. George, by an order in Council " substitute " Provincial Governments respectively concerned " and for " Sadr Adalat" and " Faujdari Adalat" substitute " High Court."

Section 0.—For " either " substitute " any", and for " Faujdari Adalat " substitute " High Court ".

Section 6.—For " either " substitute " any " and for " Court of Sadr Adalat " substitute " High Court ".

Seotion 7,—For " Governor of Port St. Gfiorge in Council" and " Governor in Counoil of Fort St. George " substitute " Provincial Government" ; aftor "Madras Code " insert " or Regulation III of 1818 of tho Bengal Codo, as fcho oaao may be " ; for " tliat Rogulation " substi- tute " those Regulations respectively " and for " oithor of suoh Agents " substitute " the Agont ".

Seotion 8.—For " Governor in Counoil of Fort St. George, by an order

in Council " substitute " Provincial Government, by order ".

The Bombay Regulation XIII of JS30 (Application) Act, 1840.

(XV of 1840.)

For " Governor in Counoil of Bombay " substitute) " Provincial

Government ".

The Indian Eegistration of Ships Ad, 1841.

(X of 1841.)

Seotion 2.—For " subordinate to the Local Governments of India as Buoh Governments respectively " substitute " in British India as the Central Government ".

Seotion 3.—For " Local Governments " substitute " Central Govern-

ment " and omit " for the ports under their reapeotivo Presidencies ".

Seotion 4.—For " the Governmont of the Presidency to which he is

subordinate " substitute " the Central Government ".

Section 5.—For " a subjoot (or subjects) of Her Majesty for whom the Governor General of India in Council has power to legislate " substitute " a British subjeot (or British subjects) " ; and in the proviso for " the Local Government to which he is subordinate " substitute " the Central Government".

Seotion 7.—For " the Local Governments respectively " substitute " tho

Central Government ".

Seotions IB, 16 and 21.—For " the territories of the East India Company"

substitute " British India ".

Seotion 24.—For " a Native Prince or State, or by any subject of suoh Native Prince or State as aforesaid " substituto " an Indian State or by the Ruler or any subject thereof " ; for " a Local Government " substitute " the Central Government " ; for " the dominions of such Native Prince or State and owned by suoh Prince or Stato or by any of their subjects " substitute " any Indian State and owned by that State or by the Ruler or any subjeot thereof " ; for " Native Princes or States or their subjects " substitute " Indian States or tho Rulers or subjects thereof " and for " a subject of Her Majesty for whom the Governor General in Counoil has power to legislate " substitute " a British subjeot ".

Omit section 27.

The Madras Inland Oustoma Act, 1844.

(VI of 1844.)

Throughout the Aot for " said Governor in Council" substitute

" Central Government ".

Section 8.—For " the territory of the East India Company *' substitute

" British India ".

Seotion 9—'For "the Eaat India Company's territories" substitute¹

" British India ".

Seotion 18^-For " Government " substitute " Central Government ".

11

The Bengal Alluvwn and JJiluvwn Act, 1S47:

(IX of 18+7,)

Section 2.—For " as is " substitute " as was on the 8th May 1847 ". Section 3.—For " Government of Bengal " substitute " Provincial Government ".

Section 9,—For " Government " substitute " Crown ".

The Madras Revenue Commissioner Act, 1849.

(X of 1849.)

Section 1,—For " Governor of Fort St: George in Council " substitute " Provinoial Government of Madras ".

The Indian Registration of Ships Act (1841) Amendment Act, 1850.

(XI of 1850.) Section 2.—-For the words from '' the dominions " to " Company " sub- stitute " any Indian State " and for " such Native Prince or State or thoir subjects " substitute " Indian State or the Ruler or a subject there* of".

Section 3.—For '' such Nativo Princes or States or by their subjects " substitute " an Indian Stato or the Rulor or a subject thereof " ; omit " t he Continent of "; after " Coylon " insert " or Burma''; and for " t he Governor or Governor in Council of each Presidency " substitute " the Central Government ".

Section 4,—For " be carriod to the oredit of the Government of the Presidency in which they aro levied " substitute " subject to the provisions of section 143(2) of the Government of India Act, 1935, be carried to the credit of the Central Government ".

The Public Accountants' Default Aot, 1860.

(XII of 1800.)

Section 2.—Omit " subject to tho approval of tho Governor or Governor in Counoil of the Presidency or plaoo ".

For section 3 substitute :—•

"" Pqbllo

accountant'

defined.

3. For the purposes of sections 1 and 2 of this Aot, the expression ' public accountant ' means any person who, as Official Assignee or Trustee, or as sarbarahkar, is entrusted with the reoeipt, custody or control of any moneys or securities for money, or the management of any lands belonging to any other person or persona ; and for the purposes of sections 4 and 5 of this Act the expression shall alao include any person who, by reason of any office held by him in the servioe of the Crown in India, is ontrusted with tho rocoipt, custody or control of any moneys or securities for money, or the management of any lands belonging to the Crown ".

The Apprentices Act, 1860.

(XIX of 1860.)

Seotion 23,—For " the territories under the Government of India " substitute " British I n d i a "; and for "Magistrates of India" substitute " Magistrates of British India ".

The Calcutta Land Revenue Aot, 1850. (XXIII of 1850.) Throughout the Act for " East India Company " substitute " Crown ".

The Stale Prisoners Act, 1850,

(XXXIV of 1850.)

Omit the preamble. For section 1 substitute :—

" Foinons to

whom warrant*

of oommltmoDt

may be

addreaaAd And

effoct of

warrant* of

oommltment.

1.—(1) The warrant of commitment of any State prisoner, under the Bengal State Prisoners Regulation, 1818, may, if it is issued by virtue of the powers conferred by that Regulation on the Central Government, be diroeted to the commandant of any fortress, or the officer in charge of any jail or place, anywhore in any Governor's Province or Chief Coinmiasioner'H Province and may, if it is issued by virtue of the powers conferred by that Regulation on Provincial Governments, be direoted to the commandant of any fortress, or the officer in charge of any jail or plaoe, anywhoro within the Province in question ; but any such warrant issued under that Regulation, whatever tho powers by virtuo of which it is issued, shall be sufficient authority for the arrest of the State prisoner any- where in any Governor's Province or Chief Commissioner's Provinoe and for hia detention until ho can be handod ovor to the commandant or officer to whom the warrant is directed, or dealt with in adoordanoe with sub-seotion (1) of section five of the State Prisoners Aot, 1868 :

Provided that a State prisoner shall not be arrested under a warrant issued by virtue of the powers conferred by the said Regulation on Provincial Governments, except with the consont of the Government of the Provinoe in whioh he is arrested.

(2) This section applies throughout British India (inoluding Berar)."

Omit section 2.

The rublio Servants {Inquiries) Act, 1H0U. (XXXVH of 1850.)

Seotion 2.—For " shall " where it ooours for the second and third times

substitute " m a y ".

For seotion 23 substitute t—

" Definition of

Govanunnnt.

23, In this Aot, " the Government " means the Central Government in the oase of persona employed under that Government and the Provincial Government in the oase of persons employed under that Government."

The Indian Tolls Act, 1851 (VIII of 1851.)

Before section 2 insert :—

" Bxtent.

1A.—This Aot extends to the territories administered on the fourth of July, eighteen hundred and flfty-one by the Governor of the Presidency of Fort William in Bongal, tho Lieutenant-Governor oi North-Western Provinoes of Bengal and the Governor of the Presi- dency of Fort St. George in Counoil."

Section 2.—For the words from the beginning to " Fort St. George in Counoil " substitute " The Provincial Government " and for " at the expense of the Government " substitute " at the expense of the Central or any Provincial Government ".

Section 8.—Omit all tho words after " public revenue ".

The Madras Oity Land Revenue Aot, 1851. (XII of 1881.)

Throughout the Act for " East India Company '• substitute " the

Crown".

U 4

The Sheriffs' Fees Aet, 1852.

(VIII of 1852.)

Sections 1 to 7 shall cease to have effeot.

The Bombay Rent-free Estates Act, 1852.

(XI of 1852.) Section 2.—For "Governor of Bombay in Council" substitute " Pro-

vinoial Government ".

Schedule A.—In rule 1 for " of Government " substitute " of the Pro-

vincial Government ".

In rule 2 for " the Governor of Bombay in Council " substitute " the tribunal constituted under section 296 (2) of the Government of India Act, 193B ".

In rule 11 for "of Government" substitute "of the Provincial

Government ",

In rule 13 for " the Governor of Bombay in Council " substitute " the

Provincial Government ".

Schedule B.—In rule 1 for " tho Governor of Bombay in Council " and "the said Governor in Council" substitute "the Provincial Govern- ment ".

In rule 2 for " by Government " substitute " by the Provincial Govern-

ment ".

In rule 4, provision third, for " by Government" substitute " by the

Provincial Government ".

In rulo 9, for " Government " substitute " tho Crown ". In rule 10, for the first " Government " substitute " the Grown " and

for the second " Government " substitute " the Provincial Government ".

In rule 11, for " the Governor of Bombay in Council " substitute " the

Provincial Government ".

The Rent Recovery Act, 1853. (VI of 1883.)

Section 6.—For " Government" substitute " the Provincial

Government ".

The Shore Nuisances (Bombay and Kolaba) Act, 1863. (XI of 1853.) Section 6.~For " Governor of Bombay in Oounoil " substitute " Central

Government ".

The Bengal Bonded Warehouse Act, 1854. (V of 1854.)

Section 6.—For " Governor of the Presidoncy of Fort William in

Bengal " substitute " Central Government ".

The, Act to Amend Bengal Regulation XI of 1831. (XVI of 1864.) Section 3.—Omit from "and all powers" to "North-Western

Provinoes ".

The Conveyance of Land Act, 1854. (XXXI of 1854.) Section 13.—For " the territories under the Government of India "

Bubatitute " British India ",

The Mortgaged Estates Administration Act, 18 SB.

(XXin of 1855.)

Seotion 1.—For "the territories in the possession of, and under the

Govemmont of the Boat India Company " substitute " British India ".

The Penal Servitude Act. 1855. (XXIV of 1865.)

Section 1.-—For ''the territories under the Government of India"

substitute " British India ".

Sections 2 and 4.—For " tho Haid territories " substitute " British

India ".

The Bengal Embankment Act, 1855.

(XXXII of 1855,)

Seotion 2.—For " Government " substitute " the Crown ". Section 3.—For " Goverrunent " substitute " the Provincial

Government ".

Seotion 4.—For " Government " substitute " the Crown ". Seotion 5.—In clause (v) for " Government " substitute " the Provincial

Government ",

Seotion 6,—For " Government " subfitituto " the Crown ". Seotion 7.-—In clause (xii) for " Government " substitute " the Crown ". Seotion 8.—In olause (i) for tho first " Government " substitute " the Crown " and for the second " Qovenunnut " substitute " tho Provinoial Government ".

Seotion 10.—For " Government " substitute " the Crown ". Section 11,—In olauso (i) for " Government " substituto " the Provinoial

Government ".

Seotion 18.—For tho words from "the Regulations " to the end of the

seotion substitute " any law for the time being in force ".

Tlie Sonthal Parganas Act, 1855. (XXXVII of 1885.)

Section 1.—The first " Governor General of India in Council " shall stand

unmodified.

For " no law which shall hereafter be passod by the Governor General of India in Council" substitute "no Contral Act passed before the commencement of Part III of the Government of India Act, 1935 ",

For " Lieutenant Governor of Bengal "and " said Lieutenant Governor '-

substitute " Provincial Govomment ".

Sections.—For " said Lieutenant Governor" substitute "Provinoial

Government ".

The European Deserters Act, 18B6. (XI of 1856,)

Seotiona 2 and 5.—For " the territories of the East India Company "

substitute " British India ".

The Oivil Qowts Amins Act, 1858.

(XII of 1886.)

Section 2.—For the second paragraph substitute—

" The number of Amins to be employed in each district shall be

determined by the Provincial Government,"

Seotion 3.—For the worda from " Civil Court Amina " to "attach them" substitute "District Judge shall, from time to time, attach the Civil Court Amins ".

Seotion 9.—For " Government " substitute " the revenues of the Provinces ".

The Bengal Ohaukidari Act, 1850.

(XX of 1886.)

Seotion 3.—For " Government " substitute " Provincial Government ". Seotion 32,-—For the first " Magistrate " substitute " Provinoial Government ".

Sections 33 and 34.—For " Subject to the approval of the Commissioner, the Magistrate " aubstituto " Tho Provincial Government ".

Section 50.—For " in the General Regulations of the Bengal Code or Acts of the Government of India " substitute " by any law ".

The Calcutta University Aot, 1857.

(II of 1857.)

Seotion 1.—For " the territories under tho Government of India " substitute " British India ".

For section 4 substitute—

4. Suoh person as tho Governor General, exercising his individual "'Chancellor.

judgment, may appoint, shall be the Chancellor of the said University."

Sections C, 7 and 15.—For " Looal Government of Bengal" substitute " Central Government",

The Tobacco Duty (Town of Bombay) Act, 1867. (IV of 1867.)

Section 7.—Omit " of Bombay ". Seotion 11.—For "Government" substitute "the Provinoial Govern- ment ".

At the end of the Aot insert—

''Meaning of

•Government'.

22. In this Aot, ' Government' means, so long as the munioipal duty is, by virtue of section 143 (2) of the Government of India Aot, 1986, levied and collected by the Provincial Government, that Govern- ment, and thereafter the Central Government."

The Madras Uncovenanted Officers Act, 1857.

(VII of 1857.)

Seotion 1.—For " Governor of Fort St. George in Council " substitute " Provincial Government of Madras ", and for " said Presidency " sub- stitute " Province ".

Omit section 6.

The Opium Aot, 1857. ( X in of 1857.) Sections 8 to 8.—For " Government " substitute " the Central Government ".

Seotion 10.—For " Government " substitute " the Crown ". Sections 11, 12, 13, 15, 19 and 20.—For " Government " substitute " the Central Government ".

Section 23.—-For the first " Government " substitute " the Crown " and fop the second " Government " substitute " the Central Government ",

Section 26.—For " Government " substitute " the Central Government ". Section 29.—For "Government" substitute "the Crown". Section 31.—Omit the first " of Government " ; for tho second, third

and fourth "of Government" substitute "of the Crown" and for "the Govornment " substitute " the Contral Government ".

Omit seotion 32.

The Howrdh Offences Act, 1857,

(XXI of 1857.)

Omit section 57.

The Bombay Land Cwtome Act, 1857.

(XXIX of 1867.)

Throughout the Act for " Govomor in Council" substitute "Central

Government ".

Section 12.—For "tho Government" and "Government" substitute

" tho Central Government ".

The State Prisoners Act, 1858.

(HI of 1858.)

Omit the preamble and section 2. For sootion 3 substitute :—

" Penoiu to

irtioni warninU

it commitment

mar be

Kldrtsuftd and

offoot of

warrants of

sonunltmant.

3. Tho provisions of seotion one of the State Prisoners Aot, 1850 (whioh relate to the persons to whom warrants of commitment under the Bengal State Prisoners Regulation, 1818, may be addressed, and the effect of such warrants) shall apply in relation to warrants of commitment under Regulation II, 1819, of the Madras Code, and Regulation XXV, 1827, of the Bombay Code, as they apply in relation to warrants of commitment issued under tho Bengal State Prisoners Regulation, 1818, by virtue of the powers oonferred thereby on Provincial Governments."

For section 5 substitute :—

" Bemoval of

State prisoner*

from one

Provinoo to

mother

Province.

5.—-(1) A State prisoner who ia or is to be confined in any Provinoe under the provisions of any of tho said Regulations for reasons oon- nected with the maintenance of publio order therein may, by arrange- ment betweon tho Provincial Governments concerned, be transferred to or, as the case may bo, retained in another Province and confined in that other Provinoe in accordance with that one of the said Regulations whioh is in force in that other Province in all respects as if reasons oonnected with the maintenance of publio order in that other Province required his confinement therein,

(2) Nothing in this section shall be oonstrued as limiting the power of the Central Government to transfer State prisoners from one place of confinement in a Governor's Provinoe or a Chief Commissioner's Provinoe to another place of confinement in that or any other Province, or the power of a Provincial Government to transfer State prisoners from one place of confinement in the Province to another place of confinement in the Provinoe."

After neotion 6, insert the following seotion :—

•'Bxtent,

6, This Aot extends to the whole of British India (inoluding Berar)."

The Bengal Ohatwali Lands Aot, 1850.

(V of 1869.)

Section 2.—For " Government " substitute " the Crown "

The Forfeiture Aot, 1859,

(IX of 1859.)

.Section 18.—For " discharged by order of Government " substitute " duly discharged ".

The Bengal Rent Act, 1859.

(X of 1869.)

Seotiona 29, 73 and 78.—For " Government " substitute " the Grown ". Seotiona 132 and 165.—For " Government " substitute "the Provinoial Government ",

Seotlon 166.—For " Government " substitute " the Crown ". Section 188.—For " Executive " substitute " Provincial ".

The Bengal Land-Revenue Sales Act, 1859.

(XI of 1869.)

Seotion 8.—For tho first " Government " substitute " the Provinoial Government ", and for tho second " Government" substitute " the Crown ".

Seotion 14.—For " Government" substitute " the Provinoial Government ".

Section 16.—For " to Government " substitute " to the Provinoial Government ".

Seotion 32,—For " the Government" substitute " the Provinoial Government ".

Section 36.—For " Government " substitute " the Provinoial Government ".

Seotion 50.—For " by GovernmeDt " substitute " by the Provinoial Government ".

Seotion 52..—For " Regulations of Government " substitute " law for the time being in force ".

Seotion 68.—For " Government " substitute " Provincial Government '\ Sections 60 and 01.—For " Government " substitute " the Provinoial Government ".

The Moplah Outrages Act, 1859.

(XX of 1859.)

Section 2.—For " of Fort St. George " substitute " of Madras ",

The Madras District Police Aot, 1859. (XXIV of 1859.)

Section 4.—Omit " appoint ". Seotion 5.—Omit from " who shall from time to time " to the end of the seotion.

Seotion 8.—Omit " subject to the oontrol of the Governor-General of India in Council " and at the end of the section insert—

" The pay and all other conditions of service of officers of the Subordinate Police shall, subjeot to the provisions of this Act, be uuoh as mav be determined by the Provincial Government."

For section 10 substitute :—

10.—-Subjeot to such rules as the Provinoial Government may, from time to time, make under this Aot, the Inspeotor-General, Deputy Inspeotors-General and District Superintendents of Polioe may at any time dismiss, suspend or reduce to a lower post, or time scale, or to

11 Dlnmiawl,

•nepenslon, or

reduction of

offloera orthe

Subordinate

Polio*.

a lower stage in time scale, any officer of the Subordinate Police whom they shall think remiss or negligent in the discharge of hia duty or otherwise unfit for the same and may order the recovery from tho pay of any such Police Officer of the whole or part of any pecuniary IOHH caused to Government by his negligence or breach of orders."

Section Jl.—For "so appointed" substitute "appointed as an Offioar

of the Subordinate Polioo ".

Section 13.—For " Inspector-General of Police or any Deputy Inspector- General or any District Superintendent " substilute " Provincial Govern- ment ", and for " said Inspector-General " substitute " Inspector-General ".

Section 15.—Omit from the beginning to " under those sections " and insert " All sums of money payable under tho two last preoeding sections ".

The Societies Registration Act, 1860.

(XXI of 1860.)

Section 3.—For " the Governor-General of India in Council " and

" Government " substitute " tho Provincial Government ".

Section 13.—For " whenever the Government " substitute " whenever any Government ", and for " without the consent of Government " sub- stitute " without the consent of the Government of the Province of registration ",

The Police Act, 1861.

(V of 1881.)

Section 1.—At the end insert the words " References to the subordinate ranks of a police force shall be construed as references to members of that force below the rank of Deputy Superintendent ".

Section 2.—Omit " and tho membors of suoh foroo shall rooeive such pay " and the words from " subjeot in the oase of officers " to the end of the section.

At tho end of tho section insert—

" Subjoot to tho provisions of this Aot the pay and all other condi- tions of service of membors of the subordinate ranks of any polioe force shall be such aa may be determined by tho Provincial Govern- ment ".

Section 3.—Omit from " subject in the oase of " to " Governor-General

of India in Council " and omit " appoint ". Seotion 4.—Omit the last sentence. Section 7.—For the words from the beginning to " dismiss, suspend or reduce any polioe offioer" substitute—" Subject to suoh rules aa the Provincial Government may from time to time make under this Act, the Inspector-General, Deputy Inspectors-General, Assistant Inspectors- General and District Superintendents of Polioe may at any time dismiss, suspend or reduce any police officer of the subordinate ranks " ; and after " punishments to any police officer " insert " of the subordinate ranks ".

Section 8.—For " so appointed " substitute " appointod to the polioe

force othor than an officer mentioned in seotion 4 ".

Section 16.—Omit sub-section (2). Seotion 27.—For " at tho disposal of Government " substitute " at the

disposal of the Provincial Government ".

Omit section 41. Section 46.—For " Governor-General in Council " substitute " Pro-

vincial Government ".

Vi

The Hinge-Carriages Act, 1861.

(XVI of 1861.)

Section 21.—Omit the definition of " British India ".

The Government Seal Act, 1862.

(Ill of 1802.)

For " any Act of the Governor-General of India in Council " substitute ¹¹ any Act of the Central Legislature " ; and for " the inscription ' govern- ment of India ' " substitute " the inaoription ' Government of India ' or Government of the Federation of India ' ".

The Excise (Spirits) Act, 1863.

(XVI of 1863.)

Section 2.—At the beginning insert " In oaoh Province ", and for " Looal

Government " substitute " Central Government ".

The Bdigious Endowments Act, 1803.

(XX of 1863.)

For section 24 substitute :—

•! India.

24. The word ' India ' in this Act shall mean British India."

The Waste Lands {Claims) Act, 1863.

(XXIII of 1863.)

Throughout the Aot for " Government " or " the Government " sub-

stitute " the Provincial Government".

The Official Gazettes Act, 1863.

(XXXI of 1863.)

This Aot shall cease to have effect.

The Foreigners Act, 1804.

( in of 1864.)

Section 1.—Omit the definitions of " Fritish India" and " Local

Government ".

Section 3.—Omit from " and any Looal Government " to the end of the

seotion.

Section 3A.—For " Local Government " substitute " Central Govern-

ment ",

Seotion 4.—Omit "or by the Local Government under whoso order he shall have removed himself or been removed", "or of the Looal Government within whoso jurisdiction he shall be so apprehended or detained " and " or Looal Government ".

Seotion 6.—Omit " or by the Local Government of such place". For section 11 substitute—

11. Licences under this Aot may be granted by the Central Government

or by officers specially authorised by that Government."

Section 13.—Omit " or the Local Government " and " or by the Looal Government of any part of British India in which all the provisions of this Aot are for the time being in force and in which the foreigner holding the^Bame'may be ".

Seotion 14.—For " Government substitute " tho Central Govern-

ment ".

Section 15.—For " the Local Government to which he ia subordinate "

substitute " the Contral Government ".

For section 17 substitute—

" Removal of ponione apprehended.

17. The Central Government may order uny person apprehended or detained under the provisions of this Act to remove himself from any part of British India by son or by euoh othor route as the Central Government niay direct ; or the Central Government may cause him to be removed from that part of British Jndia by such routo and in such manner as to that Government may wem fit."

Omit section 10. Section 25.—Omit " or the Local Government of any part of British

India in which this Aot may for the time being he in Force ".

The Indian Tolls Act, 1864.

(XV of J804.)

Omit section 4.

The Carriers Act, 186B.

(Ill of 1865.)

Section 11.—For " Governor-General in Council " substituto " Provincial

Government".

The- Native. Convert* Marriage- Diszdittion Act, 1880.

(XXI of 1866.)

Seotion 3,—Omit tho definition of " High Court ".

Tho Unclaimed Deposits Act, I860.

(XXV of I860.)

Section 1.—For " the Government of India for the goneral purposes of Government " substitute " the Government of the Province in which the oourt has its principal seat ".

Seotion 4.—For " paid to the Government of India " substitute •' paid to any Government" and for " the Government of India shall pay " substitute " the Government of the Province in which that oourt has itu principal seat shall pay ".

The Indian Trustees Act, 1866.

(XXVII of 1866.)

Seotion 2.—For the definition of " High Court " substitute " ' High Court' means a court which is a High Court for the purposes of the Government of India Act, 1935 ".

The Trustees' and Mortgagees'1 Powers Act, 1866.

(XXVIII of 1866.)

Section 1.—For the definition of "High Court" substitute "'High

Dourt' means a court which ia a High Court for tho purposes of the Gov- arnment of India Act, 1985 ".

The Ganges Tvtlu Act, 1867.

(I of 1867.)

.Preamble.—Omit from " to be applied " to " Dinapur ". Soetion 1.—Omit the definition of " Lieutenant-Governor ". After soction 1 inFiert—

¹ Extent.

1A.—The said. Act shall extend only to so mueh of the Unitefl Provinces as on the 18tli January, 18137, formed parl, of the North- western Provinces of the Presidency of Fort William,"

Section 2.—For " subject to the government of the Lieutenant-Governor

da he " substitute " as tho Provincial Government ".

Omit section 4. Section 9.—For "• the Government of India '' substitute " the Provincial

Govornmont ".

Sections 14, lfi and It).-—For "between Allahabad and Dinapur"

substitute " below Allahabad ".

Section 17.—Omit " and may bo disposed of aa tho Lioutonaiil-Govoi'iior

shall from time to timo diroot ".

The Public- gambling Act, 1867.

(ill of 1807.)

Seotion 1.—Omit the definitions of " Liouteiiant-Govomor " and " Chief

Commissioner ".

Section 2.—For " the Lieutenant-Governor or the Chief Commissioner,

as the case may be " substitute " tho Provincial Government ".

Section R.^For " Lieutenant-Govornor or the Chief Commissioner " sub-

stitute " Provincial Govonimcut ".

Soction 17.--Omit from " and such fines " to tho end of the section.

The Oriental Oan Company Act, 1867.

(XL of 1867.)

Preamble.—For " Local Government " Rubatituto " Central Govern-

ment ".

Omit section 1. Section 2.—For "Local Government" substitute "Central Govern- ment " and for " witliin tho territories subject to such government" substitute "in British India ".

The Saraw Act, 1867.

(XXII of 1887.)

Soction 2.—Omit the definition of " Local Govornmont ". Soction 17.-—For " tho tunjtoriefi which aro ur jnay be voHtorl in Her Majesty or her suocessors by (.he StatntH 21 & 22 Viet. cap. l()ti (an Act for tho better government of India) " substitute " British India ",

The, Punjab Murdermis Oidrages Act, 1867.

(XXL11 of 1867.)

Soction 1.—Omit " with the previous consent of the Governor-General

of India in Council " and "and with such connent ".

The Press and Registration of Boohs Act, 1867.

(XXV of 1887.)

Sootion 1.—Omit tho definitions of " British India" and " Local

Government ".

Section 17.—Oinit the second paragraph.

Section 21.—For " The Governor-General in Council or the Local Government may, by notification in the Gazette of India or the Local Gazette, aa the case may be," substitute " The Provincial Government may, by notification in the official Gazette ".

The Chief Commissioners' lowers Act.

(XXXII of 1867.)

Tills Act shall cease to have effect.

The Indian Divorce Act.

(IV of 1860.)

SocUon 2.-—For " dominions hereinafter mentioned " substitute " terri- tories hereinafter mentioned '' and for " dor/unions of Princes and Wtatos in India in alliance with Her Majesty " substitute " lnclian States ",

Section 3.—For sub-sections (1) and (2) substitute :—

" (1) ' High Court' means with referonoe to any area—•

(a) in Bengal, Assam and the Andaman and Nicobar Islands,

the High Court at Calcutta ;

(fa) in the Provinces of Madras and Coorg, the High Court at

Madras ;

(0) in the Province of Bombay and in Panth Piploda, the High

Court at Bombay ;

(d) in Agra and Ajmer-Merwara, the High Court at Allahabad ;

(e) in Oudh, the Chief Court of Oudh ;

(/) in the Punjab, the North West .Frontier Province, British

Baluchistan and Delhi, the High Court at Lahore ;

(g) in Bihar and Orissa, tho High Court at Patna ;

(h) in the Central Provinces and Berar, the High Court at Nagpur J

(1) in Sind, the Court of the Judicial ComnuHsioner in Sind; and (j) in any Indian State, the Court which ia a High C( urt for tho purposes of tho Government of India Act, 1935, and exercises original criminal jurisdiction in respect of Euro- pean British subjocta in that area.

In the case of any petition under this Aot, " High Com t " meana the High Court for the area where the husband and wife reside or last resided together.

(2) " "Distriot Judge " means—

(a) in a Province, a Judge of a Prinoipal Civil Cour of original

jurisdiction, however designated ; and

(b) in any area in an Indian State, such officer m the Central Government shall from time to time appoint in this behalf by notification in the Official Gazette, and, in the absence of such an officer, the High Corrt for the area."

For section 17A, substitute :—

" Appointment of offloer to exercise duties of KUIH'B Proctor.

17A. Tho Provincial Govornmont of any Provinoo within which any High Court established by Letters Patent exeroisea jurisdiction, may appoint an officer who shall, within the jurisdiction of the High Court in that Province, havo tho like right of showing oause why a decree for the dissolution of a marriage should not bo made absolute or should

not be confirmed, as tho case may be, as is exercisable in England by the King's Proctor ; and the aaid Government may make rulen regulating the manner in which the right shall be exercised and all matters incidental to or consequential on any oxerciae of the right.

In relation to the jurisdiction of any suoh High Court as aforesaid in an Indian State thin section shall havo offeot aa if tho reference to tho Provincial Government was a referonco to the Central Govern- mont ".

Tim Bombay Civil Gaurte Act, 1809.

(XIV of 1869.)

Throughout tho Act, except as otherwise oxprem-ily provitiod, for " Govornor of Bombay in Comioil " substitute " Provincial Government ". Section 1.—The words to " now in force " shall stand unmodified. For "any other of tho territories under suoh Government" substitute " any other of the said territories ".

Section 5.—Omit from " He shall bo appointed " to the ond of the section.

Section 14,—Omit " under the gonoral control of the Governor General of India in Council " and omit from " and may suspond " to the end of the section.

Section 21.—Omit " aoting under tho general control of the Governor General of India in Council ".

Section 22.—Omit from " No person " to the ond of the section. Seotion 23.—In the paragraph beginning " For the purpose of assisting the Judge" for " the Governor of Bombay in Council may appoint to suoh court " substitute " the High Court may appoint to such court from the members of the Subordinate Civil Judicial (Service of the Provinoe ".

Section 24.—For " Government " substitute " the Provincial Govorn- ment ".

Section 32.—For " the Secretary of State for India in Counoil " and " Government " (except in the phraso " Government railway ") substitute " the Crown ".

Omit sections 33, 34 and 38. Section 39.—For " the said ministerial officers " substitute " the niinia- teiial offlcera of tho Civil Courts ".

Section 40.—.For tho words to "jurisdiction" substitute "There may be appointed to any Civil Court under this Aot ".

Omit section 40A.

The Court-Fees Act, 1870. (VH of 1870.1

After Heotion 1 insert—

" .Definition of ' Appropriate Government.¹

1A.—In this Act ' the Appropriate Government' means, in relation to foes or Htamps relating to doouments presented or to bo presented before any officer serving under tho Central U overmnent, that Govern- ment, and in relation to any other fees or stamps, the Provincial Government."

Omit section 2, as in force elsewhere than in Bengal. Section 3.—-After "the Government of India Aot, 1915", insert "or lection 229 of tho Government of India Act, 1935."

Sections 26, 27, 34 and 38.—For " Local Government " substitute " Appropriate Government ".

Schedule I.—Omit Kntry 14,

The Female Infanticide Prevention Act, 1870.

(VIII of 1870.)

Section 7.—Omit " tho Governor General of India in Council may by-

order extend it to any part of tlio territories (other than Oudh) under the immediate administration of the Government of India and "

The Oudh Taluqdars' Relief Act, 1870.

(XXIV of 1870.)

Section 2.—Omit the definition of " Chiof Commissioner ". Sections 4, 0, and 8.—-For " to Government" substitute " to the

Crown ".

Section 20.—Omit " approved by the Governor-General of India in

Council and".

The Cattle Trespass Act, 1871.

(I of 1871.)

Seotion 6.—For tho words from tho beginning of the saotion to " removed by Buoh Magistrate " substitute " Tho Provincial Government shall appoint a pound-keeper for every pound ".

Seotion 17.—For " dispose of them as hereinafter provided " substitute

" be deemed to hold them as part of the revenues of the Province ".

Omit aeotion 18. Seotion 31.—Omit all the words after "jurisdiction of the local

authority ".

The Prisoners Act, 1871.

{V of 1871.)

This Aot shall cease to have effect.

The Pensions Act, 1871.

(XXIII of 1871.)

After seotion 3 insert—

3A. The expression 'tho appropriate Government' means, in !tDefinition,

relation to federal pensions tho Central Government, and in relation to other pensions, the Provincial Government."

Sections 5 and 10.-—For " Local Government " substitute " appropriate

Government ".

Seotion 11.—-At the end insert—

" This eeotion applies in British India also to pensions granted or continued, after tho separation of Burma from India, by the Govern- ment of Burma ".

Seotion 13.—-For " Looal Government " substitute " appropriate Govern-

ment ".

Seotion 14.—At the beginning insert " In each Province " and for

" Local Governmont " substitute " appropriate Government ".

The Indian Weights and Measures of Capacity Act, 1871.

(XXXI of 1871.)

Throughout the Aot, save as expressly provided, for " Governor-General in Council " and " Looal Government " substitute " appropriate Govern- ment ".

Seotion 10.-—-For " Governor-General in Council and the Local Govern- ment respectively " and " Governor-General in Counoil or the Loeal Government respectively " substitute " appropriate Government ".

After section 17 insert—

18. In this Act " t he appropriate Government" means, in relation " Definition of Bppiopilttto tfovernmsnt.

to Htandards of woight, the Contral Government, and in relation to measures of capacity, tho Provincial Government ".

The Indian Evidence Act, 1872.

(T of 1872.)

Seotion 26,—In tho Explanation, omit " or in Burma ".

Section 36.—For " Government " substitute " any government in British India ".

Sootion 37.—-For " Act of the Governor-General of India in Council " substitute " Act of the Central Legislature " and for the words from " for the time being" to the end of tho section substitute " by any laws for the time being in force or in a Government notification or notification by the Crown Representative appearing in the Official Gazetto or in any printed paper purporting to be tho London Gazette or the Government Gazette of any Dominion, colony or possession of His Majosty is a relevant faot ".

Section B7.—Substitute for paragraph (1) :—

" (1) all Indian laws ".

In paragraph (4) for the words from " of the Counoils " to " relating thereto " substitute " of the legislatures established under any laws for tho time being in force in British India ".

In paragraph (fl) for " tho Governor-General or any Looal Government in Counoil" substitute " the Central Government or tho Crown represen- tative ".

In paragraph (7) for " t ho Gazette of India or in the Official Gazette of any Local Government " substitute " any Offloial Gazette ",

Section 78.—In subsection (1) for "tho Exeoutive Government of British India" substitute "tho Central Government"; after the first "depart- ments " insert " or of tho Crown Representative ", and at the end of the sub-section add " or, as tho case may be, of tho Crown Representative " ; in sub-section (2) for " by order of Government " substitute " by order of the Government concerned " ; and in sub-section (4) for " public ant of the Govornor-Gonerol of India in Council " substitute " Central Act ".

Section 79.-—For " Native State in alliance with Hor Majosty " substitute " Indian State " and for " tho Governor-General in Council " substitute " the Contral Govei-nment or the Crown representative ''.

Section 81.—For " t he Gazette of India, or the Government GazoMe of any Local Government, or " substitute " any Official Gazette, or the Government Gazette ".

Section 83.—For " Govornment " substitute " any Government in British India ".

Section 113.—After " any portion of British territory has " insert " before the commencement of Part I II of the Govornment of India Act, 1036".

The Special Marriage Act, 1872.

(Ill of 1872.)

Section 5.—For " Government " sxibstitute " Provincial Government ",

The Punjab taws Act, 1872.

(IV of 1872.)

Throughout tlic Act, except as otherwise provided, for " the Local Government ", " tho Government" and " Government " substitute " the Provincial Government ".

Section 'Ma.—Omit " subject to the control of tho Govornor-Gonoral in

Council ".

Section 48.—-For " tho Government " substitute " the Crown " and for " the Local Government " enbHtitute " tho government for whose purposes the land is vested in His Majesty ".

Section 50A.—For the words down to " uiJoss " subatituto " Rules made

under this Aot shall not be valid unless ".

The- Indian Contract Act, 1872.

(IX of 1872.)

Section 21.—-Beforo tho Illustration insert the following paragraph s—•

" After the establishment of tho Federation of India this eoetion applies in relation to Central Acts made for a Federated Btate as it applies to laws in force in British India ".

Tho Indian Christian Marriage Act, 1872. (XV of 1872.)

Throughout the Act for " JSTativo State" and "Native States" sut-

atituto " Indian State " and " Indian States ".

Section 1.—-For " tho territories of Native Princes and States in alliance

with Her Majesty " substitute " the Indian States ''.

Sootion 3.—-Omit tho definition of Native Stato. Section 6.—Omit " or in tho Gazotte of India, aa the oaso may be ". Section 8.—For " the territories of any Native Prince or State in allianoe

with Her Majesty " substitute " any Indian State ".

Section 81.—For "the Govern.or-Gon.oral in Council " subatitute " t he

Government by whom he was appointed ".

Section 8-1 For " may " substitue " shall ". Soction 8fl.—In sub-seotion (1) for " exercised " wubstitute " exercise- able ". In the samo sub-section " thfl local Official Gazette " shnll stand unmodified.

The Madron Civil Courts Act, 1873. (Ill of 1873.)

Section 1.—Omit " for the time being " but in other respects the

sootion shall stand unmodified.

Omit sections 6 and 7, the whole of Part IV and sections 22 and 23. For section 24 substitute—

" fjutlen of Ministerial Omoern,

24. The Ministerial Officers of a Court shall perform suoh duties aa may from time to time bo imposed upon them by the presiding officer of the Court."

Omit sections 24A and 26.

The Northern India Canal and Drainage Act, 1873.

(VIII of 1873.)

Throughout the Act, except in sections 52 and 54, for " Government '

and " the Government " substitute " the Provincial Government ",

Section 1.—-For "for the time being" substitute " which on the 11th

February 1873 were " ; but otherwise the section shall stand unmodified.

18

The Indian Oathg Acl, 1873.

(X of 1873.)

Meotion I.—For " subjects of T-Icr Majesty " substitute " British subjects " and for " the territories of Native princes and States in alliance with Her Majesty " substitute " all Tndian iStatos ".

Section 3.—For " under the provisions of the Indian Councils Act, 1861, the Governor-General in Council has not povvor to ropeal " substitute " no legislature or authority in British India has powor to repeal ".

The North-Western Provinces Village and Road Police Act, 1873.

(XVI of 1873.)

(Section 1.—For the second paragraph substitute—

" This Act extonda only to the territories which were on the 21at of November, 1873, under the Government of the Lieutenant-Governor of the North-Western Provinces ",

Section 5,—-For " at discretion by such Magistrate or by some offloer authorised by him in that behalf " substitute " by the Provincial Govern- ment ".

Section 6.—For " the Magistrate of the district " substitute " tho Pro- vinciftl Government ".

Section 7.—-For " Magistrate of tho district " substitute " Provincial Government " and for " tho road police of his district " substitute " road polioo ".

The Married Women's Property Act, 1874.

(Ill of 1874.)

Section 2,—-For " subjeots of Her Majesty " substitute " Bi'itish subjects " and for " the dominions of Princes and Statos in India in alliance with Her Majesty " substitute " all Indian States ".

Section 0.—-For " Presidency " substitute " Province ".

The. Foreign Recruiting Act, 1874.

(IV of 1874.)

Section 3.—Omit " aignod by a Secretary to tho Government of India ".

The European Vagrancy Act, 1874.

(IX of 1874.)

Section 1.—In the second paragraph for " the dominions of Princes and States in India in allianoo with Her Majesty " substitute " British subjoots in any Indian Stato ". For tho third and fourth paragraphs substitute—•

" And it shall come into force at once : Provided that suctions 4 to 16 (both inelusivo), 10, 20, 24 and 29 shall not oomo into foroe in Uoorg, or in the Andaman and Nicobar Islands, or as regards British subjects in any Indian State, until such day or respective days as the appropriate Government by notification in the Official Gazette appoints in this behalf ".

Seotion 3.—After " In this Act " insert the following definition—-

" ' the appropriate Government ' moans, in relation to British sub- jects in any Indian Stato, the Central Government, and in other cases, 45 the Provincial Government. "

Section 6.—For " any part of the dominions mentioned in seotion 1 "

substitute " any Indian State ",

Sections 8, 10, and 11.—For "Local Government" substitute "appro-

priate Government ".

Section 12.—Omit " and mny bo suspended or removed" ; and for

" Local Government " substitute " appropriate Government ".

Sections 13 and 14.—For " Local Government " substitute " appropriate

Government ".

Section 16.—For ''"the Local Government" and "Government" sub-

stitute. " the Central Government ".

Section 17.—For "the Secretary of State for India in Council", " t he Local Government jof the territories in which such port is situate " and " the said Secretary of State in Council " substitute " the Central Government ".

Omit section 18. Seotion 22.—For " the Secretary of Stato for India " substitute " the

Central Government ".

For section 2fi substitute—

26. All fines recovered under this Act shall bo paid to the credit " Payment, of Una*.

of the Government of the Province in which the fine was imposed ".

For section 27 substitute—

" rro"coqHon".

27. All prosecutions under this Act, other than prosecutions under section 22, may be instituted and conducted by such ofQoer ae the appropriate Government from time to time appoints in that behalf, and all prosecutions under section 22 may bo instituted and conducted by such officer as the Central Government from time to time appoints in that behalf ".

Section 31.—Omit " chargeable to the State as " ; for the words from " pay to the Government " to " by the State " substitute " pay to the Central Government the rout of his removal under this Act, and to that and any other Government in British India all other charges incurred by the Government in question " ; and for " Secretary of Stato for India in Council " substitute " Government concerned ".

Soction 32.—Omit " chargeable to the State as". For the words from " to the Government " to " by the State " substitute " to the Central Government the cost of such person's removal under this Act, and to that and any other Government in British India all other charges incurred by the Government in question ", and for " any payment to the Government " Substitute " any payment to any Government ".

Section 34.—For " a Local Government " and " the Local Government " Bubstituto "the Central Government " and for "Sections 10 and 18" sub- stitute " Section 10 ".

Section 35.—For " shall be exercised " substitute " may, subject to the

provisions of section 124 of the Government of India Act, 1936, be exercised ".

Section 36.—For " The Local Government " substitute " The Central Government and any Provincial Government, as respects matters with which they are respectively concorned ".

The Second Schedule.—For " the Secretary of State for India in Council ", " the Local Government ", " tho said Secretary of State " and " tho said Secretary of State in Council " substitute "the Governor - General in Council (or, after the establishment of tho Federation, the Governor-General of India) " and omit all words after " onibark as aforo- said ".

13 A

TJte Scheduled Districts Act, 1874.

(XIV of 1874.)

This Act shall cease to hiivo effect, without prejudice to the continuing validity of any notification, appointment, regulation, direction or detor- mination made thereunder and in force immediately before the commence- ment of Part III of tho Government of India Act, 1935 :

Provided that, where immediately before the first day of April, 1U37, any enaotmnnt is, by virtue of any notification made nnrlor this Act, in force in any area in British India, either with or without restrictions or modifications, the Central Government, in relation tn matters enumerated in Lint I of the Seventh Schedule to the Government of India Act, H)35, and the Provincial Government, in relation to other matters, 'nay, within six months from the said date, by notification in tho Official Gazette, declare that the enactment in qiicwtion shall have effect in that area subject to such modifications and adaptations specified in tiie notification aa the Government in question may deem necessary or oxpedient to bring it into acoord with the Government of India Act, 1035.

The Lavs Local Extent Act, 1874,

(XV of 1874.) Omit from tho Schedules the references to tho Bengal Stato Prisoners Regulation, 181S, tho Madras Regulation II of 1819, the Bombay Regula- tion XXV of 1827, the Stato Prisoners Act, 1K50, and the State Prisoners Act, 1858.

Omit Part XI of tho Sixth Schedule.

The Indian Majority Act,lH75.

(IX of 1875.)

Section 1.—For " subjects of Her Majesty " substitute " British sub- jects " and for " tho dominions of Princes and States in India in alliance with Her Majesty " substitute "all Indian States ".

The, Indian Law Reports Act, 1875.

(XVIII of 1S75.)

Omit the preamble. In seotion 3 for tho words from " decided by " to " tho said day " substitute "decided on or after the said day by any Conrt in British India which is a High Court for tho purposes of the Government of India Act, 1935 ".

The Central Provinces Laws Act, 1875.

(XX of 1875.)

Sections 2 and 4.—For " Governor Goneral in Council " substitute " Central Legislature ".

Seotion 8.—Omit clauso (d). Tho Schedule.—To. tho entry in column 4 against Bengal Regulation XI of 1806, omit " of the Governor General in Counoil and "', and for " Chief Commissioner " substitute " Central Government ".

In the entry in column 4 against Bengal Regulation VI of 1825 for " Chief Commissioner " substitute " Central Government ".

The Chota Nag-pur Encumbered Slates Act, 1876.

(VI of 1870.)

Throughout the Aot for " Jjieutonant-Governor of Bengal " eubstitulo " Provincial Government ".

Sections 2, 3, 4, and 7.—For " incurrod to Government " substitute

" incurred to the Crown ".

Seotion 19.—Omit " subject to the control of the Governor-General in

Council ".

The Native. Ooincuje Act, 1876.

(DC of 1876.)

Omit Hection 2 and throughout the remainder of the Act for " native

Stillo" and "native States" substitute "Indian State" and "Indian States ".

The Bombay Revenue Jurisdiction Act, 1876.

(X of 1871.1.)

Section 1.—Omit "for the time being" but in other respects the

soction shall stand unmodified.

Section 3.—For " of Government " substitute " of the Crown " and for

" by Government " substitute " by the Provincial Clovemment ".

Soction 4,—For " claims against Government " substitute " claims against the Crown" ; for "by Government " substitute " by the Pro- vincial Government " ; for " to Government " substitute " to the Crown " and for " Governor of Bombay in Council " atibatituto " Provincial Government ".

Section 5.— For " against Government " substitute " against the Crown ",

and for " by Government " substitute " by the Provincial Government ".

Section 11.- -For " against Government " substitute " against tho

Crown ".

Section 12.—Omit " the Governor-General in Council or " and " as

the case may be ".

Section 16.-— For " against Government " substitute " agamst the Crown or the Federal Railway Authority " ; fur " and the Government undor- tal

The Oudh Laws Ad, 1876.

(XVlil of 1870.)

Sections 1 and 26.—Omit from " tho territories of " to " Chief Com-

missioner of ".

Section 27.- -In clauses (e.) and {d) after " persons " insert " (not being

persons in the service of the Orown) ".

Section 30.— In clause (d) omit " with the previous sanction of tho

Govornor General in Council " . For clause (e) substitute—

" (e.) the keeping and custody of civil, criminal and revenue records. "

Oinit clause (/) and tbo proviso.

The Dramatic Performances Act, 1873.

(XIX of 1876.)

Seotion 3.—After " British India " insert " or British Burma " and

omit " and Rangoon ". Omit seotion 11,

The Specific Rflief Art, 1877.

(I of 1877.)

Sootion 9,—For " the Government " substitute " the Secretary of State ; the Central Government, the Crown Representative or any Provincial Govornment ".

Seotion 45.—For " Fort William, Madras, Bombay and Rangoon " substitute " Calcutta, Madras and Bombay " ; and for paragraph (/) substitute—

"(/) to moke any order binding on the Secretary of Mate, the Contral Government, tho Crown Representative or any Provincial Government ".

Beotion 56.—For " the Government of India or the Local Government " substitute " the Central Govornment, the Crown Representative or any Provincial Government ".

The Opium Act, 1878.

(I of 1878.) Section 1.—For " Governor-Goncral in Coiuicil " substitute " Provincial Government".

Section 3.—At the end inHert—•

" ' sale ' does not include sales for export across customs frontiers as defined by the Central Government, and ' sell' shall bo construed accordingly."

Section 5.—Omit " subject to the control of the Governor-General in council. "

For sootion 7 substituto—-

" Warohoun'.ng

opium.

7. The Provincial Govornment may, by notification published in the Official Gazette, declaro any place to be a warehouse for all or any opium legally imported, whether before or after the payment of any duty leviable thereon, into the territories administered by that Government, or into any specified part thereof, and intended to be exported thenoo.

So long as tho declaration remains in force, the owner of all such opium shall be bound to deposit it in that warehouse. "

Seotion 8.—Omit " subject to the control of the Governor-General in Counoil ".

Section 13.—Omit from " out of the proceeds " to tho end. Section 23.—For " Government " substitute " Provincial Govorn- ment ".

The Sea Customs Act, 1878.

(VIII of 1878.)

Section 3.—In paragraph (a) for the words from " to a Local Govern- ment " to " in that behalf" substitute " and entrust to a Provincial Government or to an officer of a Provincial Government under section 124 (1) of the Government of India Act, 1035, such Government or officer, as the case may be ".

In paragraph [d) omit " except Adon ". In paragraph (e) omit " Aden and ". Omit paragraph (k). Omit seotion 7. Section 8.—For " Local Government " substitute " Central Govern- ment ".

Section 18.—For "and British India'' substitute "British India and British Burma ; " and after " or in British India " insert " or in British Burma ".

Soction 19.—For the words from " or any specified part " to tho end of the section substitute " across any ruHtoms frontier as defined by the Central Government ".

Section ]9A.—In sub-section (3) for "or British India" substitute

" British India or British Burma " ; in sub-soo.Uon (5) for " Secretary of Stato for India in Council " substitute " Central Government " ; and for aubsootion (0) substitute—

" (G) All reflations under tliis seotion shall bo published in tho Gazette of India and, with the consent of tho Provincial Government concerned, in the Official Gazette of each Province. "

Seotion 32.-—For " Govorninent " substitute " the Central Govera-

mont ".

Section HH.—The words " the local official gazotte " shall stand unmodi-

fied and for " Local Government " substitute " Central Government ".

Section 128.—Omit " Aden, Rangoon, Maulmain, Akyab ". Section 151.—After " at such r a t e" insert "(not exceeding the

difference between the two rates) ".

Section 155.—For " the Local Government " substitute " the Central Government " and omit " with the previous sanction of tho Governor- General in Council ".

fSootion 177.—For "Indian Marine or Marine Survey" substitute " or

His Majesty's Indian Navy ".

Section 185.—Omit the words from " and in the coso of Aden " to " in

this behalf ".

Soction 205.—After " re-published " insert " with the consent of the

Provincial Government ",

In Part I of the Schedule to the Act, in the heading, for " Acts of

the Governor-General of India in Council " substitute " Central Acta ".

In Part II of that Schedule in Form A for " Her Majesty's Secretary of State for India in Council " and " the said Secretary of State in Council" substitute "the Governor-General in Council (or, after tho establishment of the Federation of India, the Governor-General of India) " ; in Form B for " Government dues " substitute " Crown duos " and in Form C for " Hor Majesty's Secretary of State for India in Council " and " the said Secretary of State in Council " substitute " the Governor of . , , ."

The Indian Arms Act, 1878.

(XI of 1878.)

Seotion 1.—For " tho Govornmont " substitute " any Government in

British India ".

Sections 6 and 7.—For " Local Govornmont" substitute " Central

Government ".

Seotion 11.—-For "tho Local Govornmont" and "such Government" substitute " tho Central Government " and omit " with the previous sanction of the Governor-General in Council ".

Section 13.—For " Local Govornmont " substitute " Central Govern*

ment ".

Seotion 15.—For " the Local Government with the previous sanction of the Governor-General in Council" substitute " the Central Govern- mont ".

Seotion 16.—For " Local Government " substitute " Central Govern-

ment ".

Seotion 17.—-For " Local Government " substitute " Central Govern- ment ".

Sootion 18.—For the wordy froni " the Local Government " to the end of tho sootion substitute " the Contral Government may by a notification in the Official Gazetto oancel or suspend all or any licenoos throughout the whole or any portion of British India ".

Sections 20, 26, 30 and 32.—For " Local Governmont " substitute ¹¹ Central Government ".

The United Provinces Atsaimilalion of Powers Act, 1878.

(XIV of 1878.)

This Act shall oease to have effect.

The Northern India Ferries Act, 1878.

(XVII of 1878.)

Sootion 1.—The second paragraph shall stand unmodified. Section 4.—In the first proviso omit from " and in any case " to " tho Governor General in Counoil ".

Section 7.—For the words from " and may further direct " to the ond of the seotion substitute! " and thereupon that ferry shall bo managed accordingly ".

Section 7A.—Substitute the following seotion—

mfty bo vested In DMriot Oounoll o* District or Local Board.

7A. The Provincial Government may direct that any public ferry wholly or partly within tho area subject to the authority of a District Council or a District Board or a Local Board in the Province be managed by that Counoil or Board, and thoreupon that ferry shall be managed accordingly. "

Section 17.—Substitute the following section—

17. All tolls, rents, compensation and fines under this Act (other than tolls received by any lessee) shall form part of the revenues of the province. "

" Tolls, rente, compensation and flues are to form part of revermou of Province.

Section 33.—For " the Local Government " substitute " the Central Government (whero the transport is in connection with the affairs of the Contral Government) and tho Provincial Government in other cases ".

The Elephants' Preservation Act, 1879.

(VI of 1879.)

Seotion 1.—Omit " British Burma ".

The Hackney Carriage Act, 1879.

(XIV of 1870.)

Seotion 3.—For the first paragraph substitute— " The Provincial Government concerned may, by notification in the Official Gazette, apply this Act to any municipalities in the United Pro- vinces, the Punjab, the Central Provinoes, Assam, Ajmer-Merwara or Coorg."

Omit section 4. Seotion 6.-—After the first " may " insert " with the sanotion of the Commissioner " and omit " or oantonmont " and from " Provided that " bo the end of the seotion.

Section 8.—Omit " in any municipality " and " and in any oanton- ment where there is a cantonment fund to such fund "

The Ti(import of Salt Ad, 1870.

(XVI of 1879.)

Section 3.—Omit "in the teuitoricf) administered by the Governor of

Fort >St. George in Council or tho Governor of Bombay in Council, as tho case may be ",

The Dekkhan Agriculturists' Belief Act, 1879.

(XVII of 1879.)

Section 62.—For "the Government " substitute "the Crown'¹ and for

" of Government " substitute " of the Crown ".

The Vaccination Act, 1880.

(XITIofl880.)

Section 1.—Omit "British Burma"; otherwise the section shall stand

unmodified.

Section 18.—For " Government " substitute " Crown ". Section 23.—Omit " and fines ".

The Municipal Taxation Act, 1881.

(XI of 188J.)

Section 3.—Omit " or

(6) payable by tho Secretary of State for India in Counoil ",

After section 3 insert:—

3A. Notwithstanding anything in any enactment for the time being in force, the Provincial Government may by an order in writing pro- hibit the levy by a Municipal Committee of any specified tax payable by the Provincial Government and may by a like order rescind any such prohibition ".

Section 4.—Omit " clause (a) of" and for " Secretary of Stato foi India, in Council " and " said Secrotary of State in Council" substitute " Central Government ".

Section 6.—For " s e c t i o n s" substitute "section 3A " ; and for "Sec-

retary of State for India in Counoil " and " Secretary of State in Counoil " substitute " Provincial Government ".

The Obstructions in Fainvays Act, 1881.

(XVI of 1881.)

Seotion 1.—For "belonging to Her Majesty or hired by Her Majesty or by the Secretary of State for India in Council" substitute "belonging to or hirod by a contract made on behalf of, tho Crown ".

Section 2.—-For " the Local Government of the part of British India in which such Port is situate" substitute "the Central Government", and for " in the opinion of the Local Government " substitute " in the opinion of tho Central Government ".

Section 3,—For "the Government" substitute "the Central Govern-

ment ".

Sections 4 and 5.—For " Local Government " substitute " Central Gov-

ernment ".

Section 10.—-For "Secretary nf'State for Jndia in Council" substitute

" Qenti'ftl Government ".

14

Section 12.-—For "the Government" substitute "the Central Govern- ment ".

After seotion 12 insert :—

13. All references in this Act to the Central Government shall, in relation to fairways in inland waterways, bo construed as references

" Application to fafrwaya In Inland water- wayu.

to the Provincial Government concerned ".

The Central Province/i Land-Revenue Act, 1881.

(XVIII of 1881.)

Section 1.—Omit "for the time beiii^ " but, savn as aforesaid, the seo-

tion Bhall stand unmodified.

Section 5.-—Omit " the Chief Commissioner ". Section 6.—Omit subsection (1). Section 7.-—Ornit " Subject to the control of the Governor-General in

Council " and " and may suspend or remove ".

Sootion 8.-—Omit " and may suspend or remove " ; and for " duties,

suspension and removal " substitute " and duties ".

Section 10.—Omit "with the sanction of the Governor-General in

Council " and the words from " and may suspend " to " like sanction ".

Section ]5.—Omit "subject to the control of the Governor-General in

Council".

Sections lfl and 28.—Omit " with the previous eanotion of the Governor -

Genoral in Council ".

Sootion 29.-—Omit the second paragraph. Seotion 47.-—Omit " with the previous sanction of the Governor-General

in Council ".

Section 48,—-For " Government " substitute " Crown " ; and omit " sub-

joef to the oontrol of the Governor-General in Council ",

Section 53.-—Omit " by the Governor-General in Council end alpo to

revision " and " at any time before sueh confirmation is received ".

Section 56.-—Tn the proviso for the words from " as follows " to

" 3rdly " substitute " that ".

Seotion 61.—For " Government " substitute " Provincial Government '". Section 67A.-—-For " Government " substitute " Crown ". Seotion 73.—For " Government " substitute " Crown " ; and omit

" with the previous sanction of the Governor-General in Council ".

Section 74.—For " Government " substitute " Crown ". Section 83.-—-For " Government " substitute " Provincial Government ", Section 84.—Omit " by tlie Governor-General in Council ". Section 87,—For "Government " substitute "the Crown". Section 123,—Omit " in his discretion ". Section 124.—For " Government " Bubntitute " the Provincial Govern-

ment ".

Section 124A.'—-For " the Government " substitute " the Crown ". Section 130.—For " Government " substitute " the Crown ". Section 133.- -For the words from " tho powers conferred " to '; any

other " substitute " any ".

Section 136 T.—Fov " Court oi" tli =< Judicial Oommissionei " substitute.

JJish Court '',

Section 137.—For " Governor-General in Council " substitute " Prd-

vinoial Government ".

Section 151.—For " by the Government " substitute " by the Crown ", for " to Government " substitute " to tho Crown " and olsewhere for " Government " substitute " Provincial Government ".

Section 152.— Omit " the Governor-General in Council " ; and for " Gov-

ornment of India " substitute " Crown ".

Seotion 162.—Omit " -with tho previous sanction of the Governor-Goneral in Council " and " shall be exeroisod subject to the control of the Governor- General in Council and ".

27M; Broach and Kaira Incumbcrcd Estates Act, 1881.

(XXI of 1881.)

Section 4.-—For " Government " substitute " the Crown ". Section 5,—For " Governor of Bombay in Council " substitute " Pro-

vincial Government ".

Section 11.—For " to Government " substitute " to the Crown ". Seotion 14.—For " Government " substitute " Crown ". Section 17.—For " to Government " substitute " to the Crown ". Section 38.—For " of Government " substitute " of the Crown ".

The Negotiable Instruments Act, 1881.

(XXVI of 1881.)

Throughout the Act for " Local Government" substitute " Central

Government ".

The Indian Trusts Act, 1882.

(II of 1882.)

Seotion 20.—In paragraph (6) for " charged by the Imporial Parliament on the revenues of India " subatituto " charged or secured by the Imporial 1'arliamont on the rovoiiuea of India or of the Federation or of any Provinco " ; in paragraph (bb) after " revenues of India " insert " or which may be issued by the Secretary of State on behalf of the Governor-General in Council under the provisions of Part XIII of the Government of India Aot, 1G35 " ; in paragraph (c) after " the Secretary of State for India in Council " (in the second place where thoso words occur) insert " or the Provincial Government of Bombay ".

Seotion 29.—For " to Government " substitute " to the Crown " and

for " the Government " substitute " the Provincial Government ".

The Transfer of Property Act, 1882.

(IV of 1882.)

Soetion 1.'—In the third paragraph, after " Governor of Bombay in Council " insert " and ", and omit " and the Chief Commissioner of British Burma " ; and for the fourth paragraph substitute—

" But tliis Act or any Part thereof may by notification in the Official Gazette be extended to the whole or any part of the said territories by the Provincial Government concerned.

Section 6.—In paragraph {g) for " Government " substitute " the

Crown ".

Seotion 52,—For " the Governor-General in Council " substitute " the

Central Government or tho Crown Representative ".

14 A

Section 58.—In paragraph (/) after " Bombay " insert " and ", omit " Rangoon, Moulmein, BaHsein find Akyab ", and for " Governor-General in Council " substitute " Provincial Government concernod ".

Section 69.—In paragraph (a) for " the Local Government with the previous sanction of tho Governor-General in Council " substitute " the Provincial Government" ; in paragraph (b) for " the Weoretary of Stato for India in Council " substitute " the Crown " ; in paragraph (c) omit " Rangoon, Moahnein, Bassoin, Akuab " and for " Governor-Goneral in Council " substitute " Provincial Government ".

Section 107.-—Omit " with the previous sanction of the Governor-General in Council ".

The Indian Easements Act, 1882.

(V of 1882.)

Section 1 shall stand unmodified. Section 2.—For " Government " substitute) " Crown ". Section 15.—-For " Government " substitute " the Crown ".

The Indian Salt Act, 1882.

(XII of 1882.)

Section 1,—In the third paragraph omit " for tho time being ". Section B.—"For " Local Govermnont " substitute " Central Govern-

ment ".

Section 5.-—Omit " who shall be appointed, and may be suspondod or removed, by the Governor-General in Council."

Section 6.—In paragraph {d) for " on behalf of Government" substituto " on behalf of the Central Government ",

Omit section 8. Section 15,—For " Local Government " substitute " Central Govern- ment ".

Beotion 30.—Omit " the Local Government or ".

The Fresidency Small Cause Courts Act, 1882.

(XV of 1882.1

For section 7 substitute—

¹ Appulutmout

Of JuOgOH.

7. There shall be appointed from time to time ft Chief Judge of tho Small Cause Court and aa many other Judges as the Provincial Government thinks fit. "

Section 8A.—For " the qualifications required by sootion 7 " substitute

" tho requisite qualifications ".

For aeution 13 substitute—

" Anpoliitjii"nt of Itcgifltrar and other officers.

13. There shall be appointed an officer to be called the Registrar of tho Court who shall bo the chief ministerial officer of the Court; there shall also bo appointed a Deputy Registrar and as many clerks, bailiffs and other mijiisteriiil officers as may be necessary for the administration of justice by the Court and for the exercise and per- formance of the powers and duties conferred and imposed on it by this Act or any othor law for the time being in force.

The Registrar and other officers so appointed shall exercise such powers and discharge such duties, of a ministerial nature, as the Chief Judge may, from timo to time, by rule direct."

Section 19.—For paragraph (b) substituto :—

" (b) Suite concerning any act done by or by order of the Contral

Government, the Crown Representative or the Provincial Government ".

For seotion 51 substitute—'

61. Four of more persona shall be appointed bailiffw and appraiaorfc

for tho purposes of this Chapter."

" Appointment of biiUlflu and ipprftUerB.

Sootion 62.—-Omit from " shall giv* security " to " ami they ". Section (10.—-Omit the sooond paragraph. Omit section 78. Section 93.—Omit " and tho Members of their respective Councils ",

The Punjab University Act, 1882.

(XIX of 1882.) Soction 4.—For " Tho Lieutenant-Governor of the Punjab for tho time being " substitute " Such person as the Governor-General, exorcising his individual judgment, may nominate ".

Seotiona 19 and 21.—For "Local Government" substitute " Contral

Government ".

The Madras Forest (Validation) Act, 1882. (XXI of 1882.)

For " Governor-General in Council " substitute " Central Legislature ".

The Central Provinces Local Self-Qoverntnent Act, 1883.

(I of 1883.)

Seotion 1.—Omit " for tho timo being ", but save as aforesaid tho seotion

shall stand unmodified.

Seotion 21.—For " the Government " substitute " any Government ". Section 22.—After "Her Majesty" insert "for the purposes of the

Province ".

Seotion 23.—In subsection (1) omit clauses (b) to (/); and in clause (g) for

" the Govemmont " substitute " any Government ".

Seotion 32.-—After " Her Majosty " insert " for the purposes of the

Province ".

The Punjab District Boards Act, 1888.

(XX of 1883.) Sootion 1.—In subsection (2) omit "for tho time boing", Othorwise

the said subsection shall stand unmodiuod.

Seotion 3.—For " Government lands " substitute " Crown lands ". Section 11.—-In subsection (2) for " of Government " substitute " of

tho Crown ".

Sootion 14.—For " of tho Guvornment " substitute " of tho Crown ". Seotion 20.—-In subsection (2) after " vosted in His Majesty " insert

" for tho purposes of the Province " and at tho end of tho seotion insort—

" (5) Nothing in this section shall bo construed as authorising the Provincial Government to interfere with any property held or occupied for purposes which aro purposes of tho Central Government ".

Section 28.—For " Government oflfloial " substitute " person in the aervioe of the Crown " ; for " the rules of tho Civil Service Regulations for the time being in foroe " substitute "tho rules for the time being governing his conditions of service " and after " the Government " insert " under whioh he is sorving ".

Section 29.—For " a Govornmont ofllcial " substitute " a person iti the service of tho Crown " ; for " the rules of the Civil Servioo Regulations for tho time being in force " and " the Civil Sorvice Regulations for tho time being in force " substitute " tho rules for the timo being govorning his conditions of service " ; omit " from tho Govemmont or otherwise " ;

for " sprvico under the Government " nubstituto " we rvioo under tho Crown ia India", and for "Government officials" mibstituto " persons in tho servico of the Crown ".

For section 30 substitute—

¹ "Power of taxation.

30. A District Board mtiy, with tlio previous sanction of the Provincial Government, impuee any tax which tho Provincial Legis- lature has powoT to impose hi the Province undor tho Govermuent of India Act, 1935 : Provided that

(a) the Provincial Government may empower any District Board to impose without suoh sanction fine or more of such taxes subject to such limitations as it may proscribe ;

(6) no tax imposed undor this seation shall be imposed in roepeot

of any property subject to the local rate ; and

(o) a Distriot Board which immediately before tho commoncomont of Part III of the said Act was lawfully levying any tax undor this section as then in force, may continue to levy that tax until provision to the contrary is made by tho Central Legislature.

Explanation.—-In this section " t a x" includes any duty, cess or foe ", Section 31.—For all the subsections after subsection (5) substitute—•

" (0) When the proposals of a Distriot Board in respect of a tax have been sanctioned by tho Provincial Government, then—

(a) in. the Punjab, the Provincial Government shall notify tho imposition of the tax in accordanoo with the proposals, and shall in tho notification specify a date not loss than throe months from the dato of notification on which the tax shall come into foioo ;

(6) olsewhoro the Board may, at a meeting convened and con- stitutod as aforesaid, direct the imposition of the tax in accordance with those proposals, so however that in giving suoh a direction the Board shall fix a dato on which tho tax shall oome into force, not being loss than three months from the dato of the meeting, and the direction shall be notified in tho Official Gazette for the Proviace.

(7) A notification of the imposition of a tax undor this Act shall be conclusive ovidence that the tax has been imposed in accordance with law."

Section 35.—-For "Government" substitute "the Central or any Provincial Government ".

Section 52.—For " Her Majesty" substitute "His Majesty for the purposes of tho Province ".

Section 54.—At the end of subsection (2) insert—

" Provided that if one of the parties to a dispute referred to tho Provincial Government is a cantonment, authority, the decision of the Provincial Government shall not have effect until it is concurred in by the Central Government."

Section 59.—For " Secretary of State for India in Counoil " substitute " Provincial Government ".

Section 68.-—For " the Government " substitute " the Crown ".

The Indian Explosives Act, 1884.

(IV of 1884.)

Sootion 5.—Omit " and each Local Government, with the previous sanotion of the Uovomor-General in Council, may for any part of the

territories under its administration" ; and in subsection (3) for " The authority making rules under this section may by the rules " substitute " Rules made under this section may ".

Section 7.—Omit " or the Local Government with the previous sanction

of the Governor-Goneral in Council ".

Section 9.—For " Looal Government " substitute " Central Govern"

inent ".

Section 14-.—In paragraph (a) for " the Government " substitute " any Government in British India" and in paragraph (b) for " under the Government " substitute " under any Government in British India ".

Soction 18.—In subsection (5) omit " if it is made by the Governor- General in Council " and " and if it is made by the Local Government until it has been publiwhed in the Local Official Gazotto ".

The Agriculturists' Loans Act, 1884.

(XII of 1884.)

Section 2.—Tn subsection (3) for "any other Looal Government"

suhstituto " any Provincial Government ".

Save as aforesaid, tho section HhalL stand unmodified.

The. Bengal Tenancy Act, 1885. (VIII of 1885 as in foroo elsewhere than in Bihar.)

Section ].—In proviso (?j) to subsection (3) (iv) for "the Bengal LegiHlative Council" substitute "both Chambers of the Provincial Legis- lature ".

Soction 3.—Clause (10) (fi) shall stand unmodified. Section 18c.—Omit from " to be credited " to end of the section. Section 04.—For " the Secretary of State for India in Counoil " and

" the Government " substitute " the Crown ".

Section ]01.~Iu subsection (2) (e) for "by, the Government or"

substitute " by, or on behalf of, the Craven, or is managed by ".

Section 104tf.—In subsection (3) for " The Secretary of State for India in Council shall not be made. a. defendant in any such suits unless the Government" substitute " "N"o such suit shall bo brought against the Crown unless tho Crown ".

Section 110.-—For " the Government " substituto " the Crown ". Section 143.-—For "Governor General in Council" substitute "Provin-

cial Government ".

Section 101.—For "Government" substitute "the Provincial Govern-

ment ".

Section 105A.—Kor " Secretary of State for India in Counoil " and

" Government " substitute " Crown ".

The. Bihar Tenancy Act, 1885. (VIIT of 1 8Sfi as in foroe in Bihar.)

Section 04.—For " tho Secretary of State for India in Council " and

" tho Government " substitute " the Crown ".

Section 101.—In subsection (2) (c) for "by, the Government o r" sub-

stituto " by, or on behalf of, the Crown, or is -managed by ",

Section 104ii,--ln subsection (3) for " Tho Secretary of State for India in Council shall not be -made a defendant in any such suit unless the Government" substitute " No Buoh suit shall be brought against tho Crown unless tho Crown ",

Section 118.—For " tho Govornmont " snbHtituto " the Crown ". Section 143.—For "the Governor General in Council" substitute "the Provincial Government ".

Section 191.—For "Government" substitute "Provincial Govern- ment ".

Section 196 shall stand unmodified.

The Indian Sea Passengers Act, 1885,

(XII of 1885.)

Section 3.—Omit " Rangoon ".

The, Indian Telegraph Act, 1885.

(XIII of 188S.)

Seotion 1.—For " Native State in India " substitute " Indian State ". Section 3.—In subsootion (2) for " the Government " substitute " the Central Government" and in subsection (7) for "the Government" substitute " the Central or any Provincial Government ".

Seotion 5.—In subsection (1) for " by the Governor-General in Council " substitute " by the Central or a Provincial Government " and for " the Government " substitute " the Government making the order " ; and in subsection (2) for " a oertifioate signed by a Secretary to the Government of India or to the Local Government " substitute " a certificate of tho Central or, as the caso may be, the Provincial Government ".

Seotion 9.—-For " Secretary of State for India in Council " substitute " Crown ".

Seotion 10.—For " Government " substitute " Central Government "r Sootion 15,—For " Local Govornmont " substitute " Central Govern- ment ".

Seotion 19—Tor " Govornmont " substitute " Central Government ". Seotion 28.—For " by the Governor-General in Council " substitute " by the Central or a Provincial Governmaut ".

Section 27.—For " Government " substitute) " Central Government ". Section 34.—Omit subsection (2).

The Land Acquisition (Mines) Act, 1885.

(XVIlIof 1885.)

Seotions 2 and 3.—For " the Government " substitute " the Crown ".

The Mirzapur Stone, Mahal Act, 1886.

(V of 1886.)

Throughout tho Act, for " Govornmont " (oxoopt in tho phraso " Looal Government ") substitute " Provincial Govommont ".

Sootion 18.—For " The Local Government " substitute " The Tribunal to be constituted under soction 290 (2) of the Government of India Aot, 1935 ".

The Births, Deaths and Marriages Registration Act, 1886.

(VI of 1886.)

Soction 2.—For " within, the dominiona of Princes and States in India in alliance with Her Majesty, to British subjects in those dominions" substitute " to British subjects in Indian Stales ".

Seotion 3.—Omit " by the Governor-General in Council ",

Seotlon 6.—Omit subnotion. (2). Section 11.—For " the dominions of Princes and States in India in

allianoe with Her Majesty " substitute " Indian States ".

Sootion 13,—For " the dominions of tiny Princo or State in India in alliance with Her Majesty " substitute " any Indian State " ; for " those dominions " substitute " those States ", and omit tho proviso.

Omit sootion 15. Section 24.—In subsection (2) for " tho dominions of any Prinoe or State in India in alliance with Her Majesty " substitute " any Indian State " and omit the proviso.

Seotion 32,—For " the dominions of any Prince or State in India in allianoe with Her Majesty " and " tho dominions of any such Prinoe or State as aforesaid " and " any suoh dominions " substitute " any Indian State ".

Seotion 33.—Omit " ot he as the case may be ". Section 35A.—In subsection (1), for " if be or it thinks (It, may by notification in. the Gazette of India or the local official Gazette as the case may be " substitute " may by notification in the official Gazette ".

Seotion 86.—Substitute for subsection (1):—

" (1) The Provincial Government, for each Province, and the Central Government, for British subjects in Indian States, may make rules to carry out the purposes of this Aot ".

The Indian Tramways Act, 1880.

(XI of 1886.)

Seotion 2.—Substitute for subsection (2):—

" (2) This Aot may by notification in the Official Gazette be extended to the whole or any part of the said territories by the Pro- vincial Government concerned ".

Seotion 3.—In paragraphs (1) and (3) for " the Government " substitute

" the Central Government or any Provincial Government ".

In paragraph (3) for " the Local Government " substitute " the Govern- ment for whoso purposes a road is so vested or by whioh the road is maintained and repaired, an tho case may be ".

In paragraphs (12), (14) and (IB) for "Local Government" substitute

" Government ".

Omit the word " and " at the end of paragraph (14) and after paragraph

(16) insert " and

(16) ' Government', in relation to any tramway which is, or when oompleted will be, a federal railway, as definod in subsection (2) of seotion 311 of the Government of India Act, 1935, means the Federal Railway Authority, and, in relation to any other tramway, means the Provincial Government ".

Section 4,—In subsection (1) for " Loeal Government" substitute

" Government " and omit tho proviso.

Sections 5 to 10.—For " Looal Govornment " substitute " Government". Section 12.—-For all words after " public traffio " substitute " until it has been inspected and certified to be fit for such traffic by an engineer appointed—

(a) if the tramway is a railway, by the Federal Railway Authority, or, if the Central Government so direct, by that Government ;

(b) if the tramway is not a railway, by the Provincial Government".

Sections 14 to 23.—For " Local Government " substitute " Government ". Seotion 24,—For " Local Govornment " substitute " Government " and

16

at the end of subsection. (2) insert " Provided that, if the tramway is a railway, the sanction required by this subsection shall, in suoh cases as the Central Government may determine, be the sanction of that Govern- ment. "

Sections 25 to 36.—For " Local Government " substitute " Govorn- ment ".

Section 45.—For " Local Government " Bubatitute " appropriato Govern- ment " and at the end of the sootion insert:—

" (3) In this Heotion ' the appropriate Government ' means the Government, Central or Provincial, whose executive authority extends over the local authority in question. "

Seotions 40 to 48.-—For " Local Government " substitute " Government ". Section BO.—For "a Local Government" substitute "any Govern- ment ".

The Jhansi and Morar Act, 1886.

(XVTI of 1886.)

Section 10.—For " Governor General in Counoil " substitute " Provincial Government".

An Act to Legalise the Discharge by Lieutenant Governors of the North-

Western Provinces of Certain Functions of the Governor General in Council.

(XIX of 1886.)

This Act shall oease to have effect.

The Oudh Bent Act, 1886.

(XXII of 1886.)

Seotion 107B.—For olauso (a) substitute—

" (a) is so held under a Crown grant. "

Section 125.—For " Government " substitute " the Crown '.

The Suits Valitation Act, 1887.

(VII of 1887.)

Seotion 2.—For " Governor General in Counoil " substitute " Provin- oial Government ".

Section 3.—Omit " subject to the control of the Governor General in Council ".

The Provincial Small Cause Courts Act, 1887.

(IX of 1887.)

For section 6 substitute :—

, 6. When a Court of Small Causes has been established there shall *'*• be appointed, by order in writing, a Judge of the Court:

Provided that if tho Provincial Government so diroot, the same person shall be tho Judgo of more than one such Court. "

Seotion 8.--For subseotion (1) substitute—

" (I) If the Provincial Government so direct, there may be appointed, by order in writing, additional Judges of a Court of Small Causes or of two or more such Courts ".

Omit seotion 9. Seotion 12.—For subseotion (1) substitute :—

"' (1) There may be appointed to a Court of Small Causes an officer to be oalled the Registrar of the Court ".

Omit subsection (6). Omit aeotion 13. Soction 31.—In subsection (1) for " the Local Government from appoint-

ing " substitute " the appointment of ".

The Socond Soh^dule.—For paragraph (1) substitute :—

" (1) ft suit concerning any act dono or purporting to bo dono by or by order of tho Central Government, the Grown Representative or the Provincial Government ".

The Sindh-Piahin Railway Act, 1887.

(XI of 1887.)

Section 1.—Substitute for subsection (2)—

" (2) It shall extend to all persona for whom the Central Legis-

lature has powor to mako laws ; and ".

Section 5.—-For "tho Government shall not" substitute " neithor the Crown nor the Federal Railway Authority shall"; for "the Governor General in Council" substitute "tho Federal Railway Authority" and tor " tho Government " substitute " the Authority ".

The Bengal, Agra and Assam Civil Oowta Act, 1887.

(XII of 1887.)

Section 1.—For "for the time boing " substitute "which were on the

11th of March, 1887".

In other respects the section shall stand unmodified. Section 6,—-In subsection (1) for " Local Government " substitute \'' Pro- vincial Government or, as the case may be, the High Court" and omit " as the case may be ". Omit seotion 7, Section 8.—-In subseotion (1) for "upon tho recommendation of"

substitute "having consultod ",

Omit section. 12, Seotion 16.—Omit " by the Governor-General in Council in tho cato

of the High Court at Calcutta and " and " in other oases ".

Omit sections 26 to 35.

Sootion 38.—Oinit " or soctione 27 to 36 (both inolusivo) ".

The Punjab Tenancy Aot, 1887.

(XVI of 1887.)

Section 1.—-In subsection (2) omit "for the time being" but otherwise

that subsection shall stand unmodified.

Sootion 4,—In clauses (5), (10) and (16) for " the Government " substitute

"tho Crown".

fteotionfl 32 and 63.-—For " the Secretary of State for India in Council "

and " the Government " substitute " tho Crown ".

The Punjab Land-Revenue, Act, 1887,

(XVII of 1887.)

Section 1.—In subsection (2) omit " for the timo being " but otherwise

the subsection shall stand unmodified.

Seotion 3.—For " tho Government " substitute " tho Crown ".

16 A

For section 5 substitute—'

5. The Provincial Government may, by notification. Vary tho lirnits and alter the number of the tahsiln, districts and divisions into which the Province ja divided. "

Section 6.—In subsection (fi) uinit " for the time being " but otherwise ¹ Power to v"ry limits and alter number of tehslls, cllstrlotpi "nd dlvlulons.

tho subsection shall stand unmodified ".

Sections 7 and 8.—-Omit " and may be remover] ".

Section 9.—Omit all the words after " appointed ".

Seotion 28,—For "Financial Commissioner" and " Government " sub-

stitute " Provincial Government ".

Section 32.—For " the Government " substitute " the Crown ".

Section 41.—-For the first " t he Government" substitute " t he Crown for the purposes of the Province", for the second "tho Government" substitute " t he Provincial Government'' and for "its right thereto" substitute " the Crown's right thereto ".

Section 42.—For " Government " substitute " Crown ",

Seotion 43.-—-For tho first " Uo\oruinent " substitute " Crown " and for the second " Government " substitute " Provincial Government ".

Seotion 59.—-For " tlie Governmejit " substitute " the Crown ".

Section 60A.—For " Council " substitute " Assembly ".

Seotion 9t).—For " the Government " substitute " the Crown '\

Seotion 101A.—Omit " in its discretion ".

Section 130.—For " Government " substitute " Crown ".

Section 140.—For "Secretary of State for India in Council" and " Government " substitute " Crown ".

Section 147.—Omit " with the previous sanction of the Governor-General in Council " and " with the like sanction ".

Section 1G8.—For " Governor-General in Council " substitute " Provincial Government ".

The Kiiiy of Oudh'a Estate Act, 1887.

(XIX or 1887.)

In sections 1 and 3 for " Governor-General in Council " substitute " Provincial Govomment ".

The. Police Act, 1888.

(Til or 1888.)

Fot section 2 substitute :—

" Constitution of Police Foroe" forapeo lal purpoxi.

2, (1) Notwithstanding anything in tho Madras District Police Act, 1859, tho Indian Police Act, 1861, the Bombay District Police Act, 18fiO, or any Act relating to the police in any Presider.ey-town, the Central Government may, by notification in the Official Gazette, create a special police district embracing parts of two or more Provinces, and extend to every part of the said district the powers and jurisdiction of members of a police force belonging to any part of British India speoifiod in tho notification.

(2) Subject to any orders which tho Central Government may make in this behalf, members of tho said police force shall have, within every part of any Province of which any part is included in the said district, the powers, duties, privileges and liabilities which, as polico officers, they have in their own Province.

(3) Any member of the said police force whom the Central Govern- ment shall generally or specially empower to act under this subsection may, subject to any orders which the Central Government may make in this behalf, exercise within any Provineo any part of which is in- cluded in the said district any of tho powers of the officer in charge, of a police-station in that 1'rovifice, and when so exercising any such powers, shall, subject to any such Order as aforesaid, be deemed to be an officer in chai'go of a police-station discharging tho functions of such an officer within the limits of his station.

(4) A part of a Province included in the said district shall not by reason of that inclusion cea"e, for the purposes of any enactment re- lating to police, to be part of that Province."

Section 3.—For " police establishment " substitute " police force " ; for " Presidency, Province or plane " substitute " Provinoe " ; for " that establishment " substitute " that police force ".

After section 3 insert—

4, Nothing in this Act shall be deemed to enablo the police of one Province to exercise powers and jurisdiction in any area within another Province, not being a railway area, without the consent of the Govern- ment of that other Province."

" Consent of Provincial Government to exorolise of poworn and Jurisdiction.

The Indian Tolls Act, 1888.

(VIII of 1888.)

Section 2.-—Omit subsection (2).

Omit section 5.

The Measures of Length Act, 1889.

(II of 1889.)

Section 3.—For " Governor-General in Counoil " substitute " Provincial Government " ; for " town of Calcutta " substitute " Province " and add at the end of the seotion the following proviso :—

" Provided that, until action is taken by tho Provincial Government under this section, the copy of the Imperial standard yard approved by the Central Government before tho commencement of 1'art III of the Government of India Act, 1935, and kept in the place within the limits of the town of Calcutta prescribed bofore that date by tht Central Government, shall be the standard for determining tho length of the standard yard in each Province."

Seotion 5.—For " under the authority of the Governor-General in Council or of a Local Govornment " substitute " before the fii"t day of April, 1037, under the authority of any Government in British India or on or aftei that dato under tho authority of the Provincial Government " ; and for " by order of the Governor-General in Council or the Local Government " substitute " by order of the Provincial Government. "

The Indian Merchandise Marks Act, 1889.

(IV of 1880.)

Section 16.—For " in the Gazette of India and in local official gazettes "

substitute " in tho official Gazette ".

The Revenue Recovery Act, 1890.

(I of 1890.)

Seotion 4.—-At tho end insert the following subsection :—

" (4) This seotion shall apply if under this Act us in force as part of the law of Burma, or under any othor similar Act forming part oi the law of Burma, proceedings are taken against a person in Burma for the recovery of an amount atatod in a certinoote made by a Colleetoi in British India.''

Seotion 6,—In subsection (8) for " againit the Government " substitute " against the Crown ".

Seotion 8.—For " the Governor-General in Council " substitute " the Central Government or the Crown Representative ".

After seotion 8 insert :—

" Boooyery Jn India of land revenue*, eto,, aooruing In Burma.

9.—-(1) The Central Govornment rnfty direct that an arroar of land revenue accruing in Burma or a sum recoverable in Burma as an arrear of land revenue and payablo to a Collootor or other public officer or to a local authority in Burma may be recovered under this Aot in British India and thereupon such arrear or sum shall be so recoverable :

Provided that the Central Government shall not give any suoh direo- tion unless it is satisfied that the remedy available under seotion 4 of this Act in British India to a person paying under protest in British India an arrear aooruing in British India is available under Burma law in Burma to a person paying under protest in British India an arroar aooruinir in Burma.

(2) For reeovoriug by virtuo of thin &oction any arrears of tax or penalty duo under the enactments relating to income-tax or aupor-tax in force in Burma, the Collector Hhall have auoh additional powers aw he has in the case of Indian income-tax and super-tax undor the proviso to seotion 46 (2) of the Indian Inoomo-tax Act, 1922. "

" Duty of OoUeotore to remit monoya collooted In certain oases.

10. Where a Colleotor reoeivea a certificate under this Aot from a Collector of another Provinoe or a Colleotor in Burma he shall remit any sum recovered by him by virtue of that certificate to that Collector, after deduoting hie expenses in connection with the mattor. "

The Charitable Endowments Act, 1890.

(VI of 1890.)

Seotion 3.—For subsection (1) substitute:—

" (1) The Central Governmont may appoint an officer of the Govern- ment by the name of his office to be treasurer of charitable endow- ments for India, and the Government of any Province may appoint an officer of the Government by the name of his office to be treasurer of oharitable endowments for the Provinoe ".

In subsection (2) for " the territories eubjeot to the Looal Government " substitute the words " India or, as the oaae may be, the .Province ".

After section 3 insert:—

" Definition of " appropriate Government", etc.

3A. In the subsequent provisions of this Aot " the appropriate Gov- ornment " means, as respeots a oharitable endowment, the objects of which do not extend beyond a single Provinoe and are not objects to which the executive authority of the Central Government extends, tho Government of the Provinoe, and as respects any other oharifcable endow- ment the Central Government. "

Seotion 4.—In subsection (1) for "Looal Government " substitute " appropriate Government " and omit subseotion (3).

Section 6.—For " Looal Government " substitute " appropriate Govern- ment ", and, at the end of subseotion (4) insert—

" Provided that nothing in this subsection shall be construed as pre- cluding a court from inquiring whether the Government by which a scheme was made was the appropriate Government ".

Omit section 7. Section 9.—For " Local Government " substitute " appropriate

Government ".

Section 10.—In subsection (2) for " mentioned in section 4, subsection

(3), olause (n), (b), (c), (d) or (c) " substitute " specified in the direction ".

In subsection (3) for " the Local Government or the Govornor-General

in Council " substitute " the appropriato Government ".

Section 11.-—For "Local Govornmeiit " substitute "appropriato

Government ",

For section ]2 substitute :- •

" Tramfer or property from one treasurer to another.

1". If by leastn of any alteiaticn of areas or by reason of the appointment of a treasuror of charitable endowments for India or for any Province for which such a treasurer has not previously been appointed or for any other roason it appears to the Contral Govern- ment that any property veatod in a treasuror of oharitablo endorsements should be vestod in another such treasurer, that Government may direct that the property shall be so vested and thereupon it shall vest in that other treasurer and his succefRors ax fully and effectually for the purposes of this Act as if it had been originally vested in him under this Act ".

Section 13.—Omit subsection (1) and in subsection (2) for " Looal

Government " substitute " appropriate Government".

Soction 14.-—For " Government ", where it first occurs, substitute

" Crown ".

The Guardians and Wards Act, 1890.

( Vm of 1890.)

Section 3.—For " the Governor-General in Council or by a Governor or Lieutenant-Governor in Council" substitute " any competent legislature, authority or person in British India " ; and for " any High Court established under the Statute 24 and 25 Victoria, Chapter 104 (an Act for establishing High Court of Judicature in India) " substitute " any High Court established in British India by Lottery Patent ".

Section 14.—For subset-lion (3) substitute :-—

"(3) In any other case in which proceedings are stayed under subsection (1), the Courts shall report the case to, and be guided by such orders as they may receive from, their respective Provincial Governments."

The Indian Bail-ways Act, 1890.

(IX of 1890.)

Section 3.—After paragraph (18) insert—

"(19) " federal railway", "Indian Hlate railway", and "minor railway " have the meanings respectively assigned to them in the Government of India Act, 1936, oxoept that they do not in any provision of thin Act inoludo any tramway, tuilosa that provision haa been extended under section 140 of this Act to that tramway ".

(20) '' Government " where the context so requires means the Federal

Railway Authority.

(21) "the safety controlling authority " means the Federal Railway Authority, or, in rolation to functions which the Centra] Government detormines under section 181 (3) of tho Government of India Act, 1935, shall be performed by porsons independent of that Authority and pf any railway adminifltration( the Central Government.

(22) " the general controlling authority " moans, in rolation to a fodoral railway, tlio Federal Railway Authority, in rolation to a minor railway, tho Provincial Govornmont anrl, in relation to an Indian Stato railway, tho Governor-General acting in his discretion."

Sections 4 and 5.—'For " Governor General in Council " substitute • ' aafoty controlling authority."

Section 7.—-For " Governor General in Council " substitute " general controlling authority ".

After section 8 insert— •

" Protection for Govern- ment property.

8A. Nothing in the two last proeoding sections Hhall authorise the doing of anything on nr to any works, lands, or buildings vested in, or in the ponpedsion of, His Majo^ty for (he purposes of the Central Government without the consont of that Government, or the doing of anything on or to any works, lands or buildings vested in, or in tho possession of, His Majesty for the purposes of a Province without the consent of tho Provincial Government. "

Section 0.—-For " Governor General in Council " substitute " safety controlling authority ".

Section 10. --In subsection (1) for " t he threo last foregoing sections" substitute " the foregoing provisions of this Chapter ".

Section 11.—For " Governor General in Council " substitute "Provincial Government ".

Section 12.—For "Governor General in Council" substitute "general controlling authority ".

Sections 13 to 25.—For "Governor General in Council" substitute •' safety controlling authority "'.

Omit sections 26 to 40.

Section 41.-—Omit " or of any order made thereunder by the Com- missioners or by a. High Court ".

Section 42.—-Omit subsection (2) and in subsection (3) for " as aforesaid " substitute " as ia referred to in section 42A ".

In subsection (4) substitute for proviso (d)- -

" (d) If an objection to tho rate, apportionment or route has been sent within the prescribed period, the Federal Railway Authority shall, on tho request of any of tho railway administrations, decide tho matter."

In proviso (e) to that subsection for " tho Commissioners " substitute ¹ the Federal Railway Authority ".

b\. proviso (/) to that subsection omit " and tho case has been referred to the Commissioners " and for "of the Commissioners " and "until the Commissioners" substitute " of the Federal Railway Authority" and " until the Federal Railway Authority ".

In the remainder of that subsection for " Commissioners " and " Governor General in Council " substitute " Foderal Railway Authority ".

At the end of the section insert—

" (5) The powers conferred by this section on the Foderal Railway Authority shall, in relation to any dispute between two or more minor railways be powers of the Provincial Government. "

After section 42 insert—

" Prohibition of unique preference

42A.—(1) A railway administration shall not make or give any undue or unreasonable preference or advantage to, or in favour of, any particular person or railway administration, or any particular descrip- tion of traffic, in any respect whatsevor, or subject any particular

person or railway administration or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever,

(2) Any complaint that a railway administration is oontravening the provisions of this section shall be determined by the general controlling authority. "

Section 43.—For " Commissioners" substitute " general controlling

authority ".

Section 40.—For subsection (1) substitute—

" (1) The appropriate authority shall decide any question or dispute which may arise with respect to the terminals oharged by a railway administration. "

In subsection (2) for " Commissioners " substitute " appropriate

authority ".

At the end of the seotion insert—

''(3) In this section ' t he appropriate authority' means, in relation to a Federal Railway or an Indian State Railway, the Federal Railway Authority, and in relation to a minor railway, the Provinoial Govern- ment. "

After section 46 insert—

'• RflcUloni In accordance wltiithli Chapter ih*H bo binding.

40A. Any decision given by the Federal Railway Authority, the general controlling authority, or the Provinoial Government, in accord- ance with the provisions of this Chapter, shall be final and binding on all parties concerned.

46B. The provisions of this Chapter havo effect subject to the pro- visions of Part VIII of the Government of India Act, 1B85, relating to tho Railway Rates Committee and the Railway Tribunal. "

Saving for

[taxations of

milwiy rate*

committees

and railway

tribunal.

Section 47.—In subsection (1) for " Governor General in Counoil " cmb-

utituto " goncral controlling authority". In subsection (8) for " t he Governor Gonoral in Council " substitute " the general controlling authority and the safety controlling authority " and after Provided that " insert—

" (a) where the safety controlling authority is not the Same as the genot'ftl controlling authority, the safety controlling authority shall not refuso its sanction unless it appears to it to be neoessary BO to do for the purpose of securing safety ; and

(&)"•

For subsection (4) substitute—

" (4) The safety controlling authority or, with the sanction of that authority, the general controlling authority, may cancel any rule made under this seotion, and tho company or officer required by subsection (1) to make rules thereunder may at any time, with the previous sanction of those authorities, rescind or vary any suoh rule :

Provided that where the safety controlling authority is not the same as tho gonoral controlling authority, the safety controlling authority shall not cancel any rule or refuse its sanction to the cancellation, rescinding or variation of any rule, unless it appears to it to be necessary so to do for the purpose of securing saiety."

Seotion 48.—For " Governor General in Counoil " substitute " safety

controlling authority ".

Sootion 40.—For " the Governor General in Council " substitute " any

general controlling authority ".

Seotion 50.—For "Governor General in Counoil " substitute " Federa

Railway Authority ".

16

Section 61.—For the fii'Hl " Governor General in Council " substitute " general controlling authority" and fov the second " Governor-General in Council " substitute " Provincial Government ".

Section 51A.—For subaection (2) substitute—

" (2) Tbo sohomo shall be submitted to the general controlling authority, which may sanction it, subject to such modifications and conditions as it may prescribe. "

In aubaeotion (5) for the words from " Governor-General in Counoil " to " concerned " substitute '' general controlling authority ".

Soetion 52.—For "Governor General in Council" substitute "general controlling authority ".

Section 53.-—For " Governor General in Council " substitute " safoty controlling authority ".

Seotiona 54 and 65.—For " Governor General in Co\incU " substitute ¹¹ Federal Railway Authority ".

Section 82,—-For " Governor General in Council " substitute " safety controlling authority ".

Section 03.—-For " Governor General in Council " substitute " general controlling authority ".

Section 72.—For " Governor General in Council " substitute " Federal Railway Authority ",

Sections 83 to 85.—For " Governor General in Council " aubHtitute " safety controlling authority ".

Sections 87 and 88.—For " Government " substitute " safety controlling authority ".

Section 89.—Omit " seotion 47, aubseotion (6) " and for " Govern- ment " substitute " Federal Railway Authority ".

Section 90.—After " general rules " insert " and the keeping thereof open to inspection "; for " Government " substitute " general controlling authority " ; and at the end of the section insert—

" Provided that where the safety controlling authority is different from the general controlling authority, the safety controlling authority may take proceedings for the recovery of tho said penalty if In the opinion of the safety controlling authority the default is a default which relates to safety, "

Sootion 91.—For " Governor General in Counoil " and " Government " substitute "safety controlling authority ".

Section 02.—For " Government " substitute " authority to wliioh the return should have been submitted ".

Seotion 93.—For " Government " substitute " appropriate authority " ;

and at the end of the section insert-—

" In this seotion ' the appropriate authority' means, in relation to a contravention with respect to the maximum load to be oarried in any waggon or trunk, tho safety controlling authority, and, in relation to any other contravention, the general controlling authority ",

Seotion 94.—For " Governor General in Counoil " and " Government " substitute " safety controlling authority ".

Seotion 95.—For " Government " substitute " general controlling authority."

SeoLion f>6.—For " Government. " riubfltitute " eafety controlling

authority ".

Section 97.—-In subsection (1) omit " to tho Government " and for sub-

sections (2) and (3) nubf,titute—

"(2) Nothing in thin Chapter .shall be construed as requiring uny authority to recover any penalty in any cane in whirli it thinks it proper to refrain from so doing."

Section tiN.~-For " Government " Hubwlitute " nppropriato aulhorily ". Section 135.- -For "Governor General in C'cuuifil " Hubi-rf ituti- "general

controlling authority ".

Section 136.—For " Governor General in Council" substitute "safety

controlling authority ". Omit section 130. Section 143,—For " (governor General in Council " subsiitnlc '' authority making, cancelling, rescinding or varying the rule"; anil omit (sub- section (3).

Omit section 144. For ueotion 14H subutituto- -

14(1.—(1) This Act or any portion thereof may be extended by

notification in the ofttoia] gazette—

" 1'owor to extend Act to certain tram- ways. J

(a) to any tramway which is a Fedora] Railway within the moaning of the Government of India Act, 19317, by the Federal Railway Authority ; and

(6) to any other tramway, by the Provincial Government, (2) This seotion dooa not apply to any tramway not worked by

atoam or other mechanical power."

Seotion 147,—Substitute the following woction—

147. Tho general controlling authority may, with the sanotiou of the pafety controlling authority, by notification in the official gazette, exempt any railway from any provisions of this Act :

" Tower to exiiupt railway from Act.

Provided that the safety controlling authority whall not refuse its nanotion unless it appoars to it necessary FO to do for the purpoao of wecuring safety."

The Second Schedule :•—In paragraph (a) for " Governor Clonoral in

Council " substitute " Federal Railway Authority ".

The North-Western Provinces and Oudh Act, 1890.

(XX of 1890,)

Section 11 shall stand unmodified,

Seotion 63.—For " the said Lieutenant-Governor and Chief Commie,

sionor " substitute " the Provincial Governmonl ". An Act to extend the Indian Easements Act, 1882, to certain ureas in which

that Act is not in force.

(Vlllof 1891.)

This Act shall stand unmodified.

The, Moorehedabad Act, 1891.

(XV of 1891.)

Section 3,—For " Governor-General in Counoil " mibatitute, where those words first occur, " Provincial Government of Bengal (hereafter in this Act called the Provincial Government)" and elsewhere " Provincial Government".

16

The Voion-Ml Courts of Admiralty (Jiww) Act, 1801 .

(XVI of 1891.) Section 2.—-At the end of entry (3) insert " and " and omil from the beginning of entry (4) to the end of ontry (5),

Section 3.—For " enactment of the Governor <_!eneml iu Council, or of u Governor in Council or Lieutenant-Governor in Council " substitute.) " Indian law ".

Seotion 4.—Omit " Rangoon, Aden or ".

The Bankers' Book Evidence. Ad, Is9] .

(XVIII of 1891.)

Seotion 2.—For subsection (1) substitute-—

"(1) 'Company' meaufi a company registered under any "P the enaotments relating to companies for the timo boing in force in any part of His Majesty's dominions or incorporated by an Act of Parliament or by an Indian law or by .Royal Charter or by Letters Patent."

The Bengal Military Police Act, 18012.

(V of 1802.)

Seotion 1.—Subsection (2) shall stand unmodified.

The Madras City Civil Court Art, ) 802.

(VII of 1892.)

For eeotioji 4 substitute—

" Number of

Judges.

4. The number of Judges to be appointed to tho City Court shall be suoh a* may from timo to time be llxod by tho Provincial Govern- ment by notification in the Official Gazette."

Seotion 6.—For clause (6) substitute—

" (6) one of the Judgos shall bo appointed tho Principal Judge ; and ".

For seotion 7 substitute—

11 Ministerial

Offloen.

7.—(1) There nhall bo appointed to the City Court as many olerka, bailiffs and other Ministerial Officers as tho Provincial Government may from time to time consider lieconsary,

(2) The nlerks, bailiffs and other Ministerial Officers bo appointed shall exerciao such powers and discharge "uch duties of u, ministerial nature as the Judge or, whon tho Court conwistH of more than one Judge, tho Prinoipal Judge, may from time to time direct."

Seotion 10.—For " Governor of Fort St. George in Council " substitute " Provincial Government of Madras ".

The Lanadowne Bridge Act, 1802.

(VIII of 1892.)

Section 2.—For "the Governor-General in Council" substitute "the Provincial Government ".

Section 4.—For " the Governrffent of India " substitute " the Central Government or any Provincial Government " and for " the Governor- General in Coimoi] " substitute " the Provincial Government ".

TTie Government Tenancy {North-West Frontier Province.) Act, 1803.

(Ill of 1S93.)

Section 1.—Omit " the territories for the time being administered by

the Chief Commissioner of ".

Sections 3, 7 and 0.—For " Government " substitute " Grown ",

Th< Partition Act, 1898.

(IV of 1893.)

Keotion 7.— Omit " or of the court of tho Recorder of Rangoon ".

The Tributary Mahals of Orissa Act, 1899.

(XI of 1893.)

Section 4,—In subsootion (1) for " the Lieutonant-Govomor of Bengal " Hubstituto " the Provincial Government of Bengal, Bihar or Orissa"; for "under Ms Govornment " substitute " in the Province " ; and for " the British Government " substitute " tho Crown ".

In subsection (2) omit " within the territories subject to the Lieutenant- Governor of Bengal " and for " the said Lieutenant-Governor " substitute " the Provincial Government oonoerned ".

The Land Acquisition Act, 1894.

(I of 1894.)

Section 3.—In paragraph (e) for " of the Governor General in Council "

substitute '' by an Indian law " •

Sections 16 and 17.—For " vest absolutely in the Government"

substitute " vest absolutely in the Crown ".

Section 41.-—For " with the Secretary of State for India in Counoil " Hubstitute " with the Provincial Government" and for " payment to Government " substitute "payment to the Provincial Government".

Sootion 42.—Omit " in the Gazette of India and also ". Section 43.—Omit from " under any agreement " to the end of the aeution, and insert " under any agreement with such company, the Secretary of Stato for India in Council, tho Secretary of State, or any Government in British India is or was bound to provide land ".

(Section 56.—Omit the proviso to subseotion (1).

The Amending Act, 1894.

(IV of 1894.)

Section 1 shall stand unmodified. In the Schedule for " Act of the Governor General in Counoil " sub-

stitute " Central Act ".

The Prisons Act, 1894.

(IX of 1894.)

Section 6.—For " the Governor of Bombay in Council " substitute " the Provincial Government of Bombay " and omit " with the previous sanction of the Governor General in Counoil ".

Section 8.—For " 60 " substitute " 59 ". Seotion 12.—Omit " or seotion 00 ". Sections 13 and 42.—For " 60 " substitute " 59 ".

Suctions 46 and 47.—For " Governor General in Council " substitute

" Provincial Government ".

Section 57.—For 'L GO " substitute " 69 ". Seotion 59,—-For tlie words down to " under its administration " substitute " The Provincial Government may "; omit paragraphs (8) and (9) ; after paragraph (7) insert tho paragraphs (a) bo (") of section 60, re-numbering them as paragraphs (8) to (20) of section 69 ; in paragraph (10) (as so re-numbored) omit " guidance, control, punishment and dismissal " ; at tho end of paragraph (22) (at) so re-numbered) insert ll subject, however, to the consent of the Provincial Government of any othor Province to which a prisoner is to be transferred " ; and in paragraph (26) (as so re-numbered) omit the final " and " and inaert the following paragraphs :—

" (27) in regard to the admission, custody, employment, dieting,

treatment and release of prisoners ; and

(28) generally for carrying into effect the purposes of this Act ".

Save as aforesaid, omit section 00. Section 61.—For " sections 59 and (10 " substitute " section 89 ".

77w. Crown Orants Act, 185)5.

(XV of 1895.)

Section 2.—For " by or on behalf of Hor Majesty the Queen Empress, Her heirs or successors, or by or on behalf of the Secretary of (State for India in Council " substitute " by or on behalf of the Crown ".

Tfie Amending Act, 1895.

(XVI of 1895.)

References to the Governor of Bombay in Council shall stand un-

modified.

The Inland Bonded Warehouses Act, 1896.

(VIII of 1890.)

Section 4,—Omit the proviso to subsection (1). Form of bond.—For " Her Majesty's Secretary of State for India in Council" and for " the said Secretary of State in Council " substitute " the Governor -General in Council " ; and at tho end of the form add the following note—

" JVofc.—After the establishment of tho Federation of India the words ' the Federation of India ' should be substituted for the words ' the Governor-General in Council ' ".

The Sindh Incumbered Estates Act, 189(i.

(XX of 1896.)

Section 3.—For " to Government " substitute " to the Crown ". Section 4.—For " Governor of Bombay in Council " substitute " Pro-

vincial Government".

Seotion 11.—For " to Government " substitute " to the Crown ". Section 14.—For " of the Government " substitute " of the Crown "• Sections 17 and 22.—For " to Government " substitute " to the

Crown ".

Section 33.—For " Governor of Bombay in Council " substitute " Pro-

vincial Government ".

'I'he tiqiUlcinic hixmsex Ait, 1KW7.

(Tllof 1897.)

Section 2.—For " Governor General in Council " substitute " Provincial Government"; in subsection (1) for " Tmlin. " substitute ''tho Province" and omit paragraph (a) of aubaectinTi (2).

For Hection 2A substitute—

" Poworn ol ^t^ntrftl GlOTdnimrnt

2A. When (he Central Government in satiarled that India or tiny part thereof is visited by, or threatened with, an outbroak of any dangerous epidemic disease and that the ordinary provisions of T,he law for tho time being in force are insufficient to prevent tho outbreak of Much (iJHeiiKf¹ or the spread thereof, the Central Govornraent may take measures and proscribo regulations for the inspection of any ship or vessel leaving or arriving at any port in British India and for such detention thereof, or of any person intending to safl therein, or arriving thereby, an may be necessary."

The Indian Fisheries Ad, 1807.

(IVofl897.)

Seotions 1 and 2.- -Omit " eNcept Burma ".

The Rejormatory Schools Act, 1897.

(VL1T of 1897.)

Sectio-i 1.—In subsection (3), for "for the time being administered " substitute " administered on tho 11th day of March, 1897 "; and for " either of tho said Local Governments " substitute " the Provincial Gov- ernment of any of tho said torrituries ".

( or section 15 mibatituto—•

" AtfrooTnont between Provinces.

Ii3. The Provincial Oovommenta of any two Provinces may after mutual agrcomont, generally or specially, notify in their respective Official Gazettes that any Reformatory Sohoo] situated in one of the Provinces shall be available for the reception of youthful offenders directed to be sont to a Reformatory School by any Court or magistrate in the other Province and may thereupon make . provision for tho removal of youthful offenders accordingly."

The General Clauses Act, 1897.

(X of 1807.)

Throughout tlin Act for " Acts of the Governor-General in Council " and " Act of the Governor-Gonera) in C o u n c i l" substitute " C e n t r al Acts " and " Central Act ".

Section 3.—-At tho end of cliuiso (3a) inaert " or by the Provincial Legislature or the Governor of Ajdieam under the Government of India Act, 1935 ".

At the end of clause (C) iiwert " or by the Provincial Legislature or the

Governor of Bengal under the Government of India Act, 1936 ".

After clause (6) insert—

" (Qa) • Berar ' whall have the same meaning aa in the Govern-

ment of India Act, 1935."

Renumber clause (fia) an clause (56); ift it, after the third " Bihar and

Orissa " insert " or Bihar ", and after it inrifert—

¹¹ (Bo) ' Bihar A c t' ahull mean an Act made by the Provinoial Legislature or the Governor of Bihar under the Government of I n d ia Act, 1930 ".

At. thu end of olause (6) intieit—" or by the Provincial Legislature ui- tne Governor of Bombay undei the Government of India Act, 1936 ".

For olause (7) substitute—

"(7) 'British India' flhall moan, as respeota the poriod before the commencement of Part III of tho Government of India Aot, 1035, all territories and places within His Majesty'a dominions which were for the time being govemorl by His Majesty through the Governor-General of India or through any Governor or officer subordinate to the Governor- General of India, and as respects any period after that date means all territories for the time being comprised within the Governors' Provinces and the Chief Commissioners' Provinces, except that a reference to British India in an Indian l&iv passed or made before the commencement of Part III of the Government of India Act, 1935, shall not inoludp a reforonoe to Berar."

After clause (8ra) insert-—

" (8aa) ' Central Aot ' shall mean an Act of the Central Legislature, and shall include, except in section 5, an Act made by the Governor- General under seotion 67B of the Government of India Act, or section 44 of the Government of India Aot, 193fi : (Sab) ' Contral Government' shall—

(IT) in relation to anything done or to be done aftor the commence- ment of Part III of the Government of India Act, 1935, mean the Federal Government; and

(b) in relation to anything done boforo the commencement of Part Til of the said Aot, moan tho Governor-General in Council, or the authority competent at the relevant date to exeroise the functions corresponding to those subsequently exercised by tho Governor-General in Council:

(Sao) ' Central Legislature ' shall meau the Governor-General in Council acting ill a legislative capacity under the Government o1 India Aot, 1833, the Government of India Act, 18/53, tho Indian Councils Acts, 1801 to 1909, or any of those Acts, or the Government of India Aot, 1915, the Indian Legislature acting under tile Government of India Aot, or the Government of India Act, 1935, or the Federal Legislature acting under the Govermnent of India Aot, 1935, as the case may require."

After clause (85) insert.—

" (8c) ' Central Provincofi and Berar Aot ' shall mean an Act made by the Provincial Legislature or the Governor of the Central Province* and Berar undor the Government of India Act, 193B."

After olause (9) insert—

" (9a) ' Chief Controlling Kevonue Authority ' or ' Chief Revenue Authority ' shall moan—-

(a) in provinces where there is u Board of Keveime, that Board ; (6) in provinces whero there is a ftovemie Commissioner, that

Commissioner ;

(o) in the Punjab, the Financial Commissioner ; and

(d) elsewhere, such authority as, in relation to matters enumerated in List I in the Seventh Schedule to the Government of India Aot, 1936, the Central Government, and in rotation to other matters, the Provincial Government, may by notification in the Official Gazette appoint."

At tho end of olause (11) insert "Provided that in any Central Act passed after the commencement of Part III of the Government of India

Act, 1035, ' Colony ' shall not include any Dominion as doflned in the Statute of Westminister, 1931, any Province or State forming part of BUCIJ a Dominion, or British Burma." After olause (14) iwert—.

" (14a) ' Crown contracts ' and. oquivalont expressions shall include contracts mado by or on behalf of the Seoretary of State in Council, contracts made in the exorcise of the executive authority of the Central or any Provincial Government;, contracts made by the Federal Railway Authority, and contracts made in connection with the oxercise of the functions of (lie Crown in its relations with Indian States.

(146) 'Crown debts ' and equivalent expressions shall inolude debts due to the Secretary of State in Council, the Secretary of State, the Central Government, any Provincial Government, the Federal Railway Authority or the Crown Representative.

(14c) 'A grant ' (including a transfor of land or of any interests therein or a payment of money) shall bo deemed to be mado by the Crown if it is made by or on behalf of His Majesty, the Secretary of Stato in Council, the Central Government, any Provincial Govern- ment, the Fedoral Railway Authority or the Crown Representative.

(14d) 'Crown liabilities ' and equivalent expressions shall include the liabilities of the Secretary of State in Council, the Seoretary of State, the Central Government, any Provincial Government, the Federal Railway Authority or tho Crown Representative.

(14e) ' Crown property ' and equivalent expressions shall inolude any property vested in Hia Majesty or otherwise held for the purposes of the Central or any Provincial Govormnent, the Federal Railway Authority or tho Crown Representative.

(14/) ' Crown representative ' shall mean His Majesty's Representa- tive for the exercise of the functions of tho Crown in its relation* with Indian States.

(14ff) ' Crown revenues ' and equivalent expressions shall inolude any

revenues vesting in His Majesiy.''

After olause (18) insert—

" (18

(a) in relation to anything done or to be done after the commence- ment of Part III of the Government of India Act, 1935, but before the establishment of the Federation, mean, as respects matters with respect to which the Governor-General is by and under the provisions of the said Act for the time being in force required to aot in hia discretion, tho Governor- General, and as respects other matters, the Governor-General in Council; and

(6) in rotation to anything done or to be done after tho establish- ment of the Federation mean the Governor-General aoting or not aoting in his discretion, and exercising or not exercising his individual judgment, according to the provision in that behalf made by and under the said Aot ;

and shall inolude—

(i) in relation to functions entrusted under seotion 124 (1) of the said Act to the Government of a Province, tho Provincial Government acting within tho scope of the authority given to it under that subsection ; and

(ii) in relation to the administration of a Chief Commissioner's province tho Chief Commissioner aoting within the scope of the authority given to him under seotion 94 (3) of the said Aot;

(186) ' Federal Railway Authority ' shall mean the Federal Railway Authority constituted by tho Government of India Aot, 1035, or, before the establishment of that Authority, the Central Government."

17

For rclause (21) substitute—

"(21) ' Government ' or 'the Government ' shall include both tho Central Government and any Provincial Government."

Aftor clause (21) insert—•

" (22) ' Government securities ' shall moan securities of the Central or any Provincial Government and ah all include sterling soouritieR of tho Socrotary of State for India in Council or the Secretary of State."

Omit clause (22). In clause. (24) after " apjjeal " irisort " not including tlie Federal Court "

For clause (27) substitute—

" (27) ' India ' shall mean British India together with all territories of any Indian Ruler under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian Rulor, the tribal areas, and any other territories which His Majosty in Council may, from time to time, after ascertaining the views of tho Central Government and the Central Legislature, declare to be part of India ;

(21a) ' Indian law ' shall include any law, ordinance, order, byelaw, rule or regulation passed or made at any time by any competent Legislature authority, or person in British India ;

(27&) ' Indian State ' shall include any territory, whether described as a State, an Estate, a Jagir or otherwise bolonging to or undor tho suzerainty of a Ruler who is under the suzerainty of His Majesty, and not boing part of British India."

Omit clause (29). At tho end of clause (30) insert " or by the Provincial Legislature or the Govornor of Madras under the Government of India Act, 1035."

After clause (34) insert—

" (34

After clause (37) insert—

" (37a) ' Official Gazette ' or ' Oazetto ' shall mean the Gazette of India, or aa the cafio may be, the official gazetto of a province ;

(376) ' Orissa Act ' shall mean an Act made by tho Provincial Legislature or the Governor of Orissa under tho Government of India Act, 1035."

Clause (40).—In sub-clause (a) for " Government " substitute " Crown ", and in sub-clause (b) omit " of the Government of India or of any Local Government ", " by the Government of India or the Local Government " and " and extradition ",

For clause (43) substitute—

" (43) ' Province ' shall mean a Presidency, a Governor's Province, a Lieutonant-Govornor's Provinco or a Chief Commissioner's Province ;

(43"1 ' Provincial Govornmont', as respeots anything done or to be done after tho commencement of Part III of the Government of India Aot, 1935, shall mean-—

(a) in a Governor's Province, the Governor acting or not acting in his discretion, and oxeroisiug or not exorcising his individual judgment, according to the provision in tha^ behalf mado by and undor the said Act: find

(b) in a Chief Commissioner's Province, the Central Government, and, as respects anything done before the commencement of Part III of tho said Act, shall mean the authority or person authorised at the relevant date to administer executive government in the Province in question ".

At the end of clause (44a) insert—

" or by the Provincial Legislature or the Governor of the Punjab

under the Government of India Act, 1935 ".

In clause (40) after " mado " insert " by the Central Government "

and at tho end of the clause insert " or under section OB or section UG of the Government of India Act, 1035 ".

After clause (52) insertr—

" (52o) ' Bind Act' shall mean an Act made by the Provincial Legislature or the Governor of Sind under the Government of India Act, 1035 ".

After clause 54 insert—

" (54a) ' suits by or against tho Crown ' and equivalent expressions shall include suits by or against the Secretary of State, the Secretary of State in Council, the Central Government, a Provincial Government or the Crown Representative ".

At tho end of clause (65a) insert " or by tho Provincial Legislature or the Governor of the United Provinces under the Government of India Act, 1935 ".

In section 4 omit " British India", " Government of India ", " High

Court " and " Local Government ".

After section 4 insert—

4A.—(1) The definitions ia section 3 of the expressions " British "Application

India", "Central Act", "Central Government " , "Central Legiria- |£jE5tioD" to ture ", " Chief Controlling Bevonue Authority ", " Chief Revenue all Indian lawn Authority ", " Crown contracts ", " Crown debts ", " Crown grants " "Crown liabilities", "Crown property", "Crown Representative", " Crown revenues ", " Foderal Government ", •' Foderal Railway Authority ", " Gazette ", " Government ", " Government Securi- ties ", "High Court", "India", "Indian law", "Indian State", " Omoial Gazette", " Provincial Government" and " suits by or againBt the Crown " apply also, unless there ia anything repugnant in the subject or context, to all Indian laws.

(2) In any Indian law, references to the " Provincial Government " or " Central Government " in any provision conferring power to make appointments to the civil services of, or civil posts under, the crown in India inolude references to such person aa tho Provincial Govornnient or the Central Government, as tho case may be, may direot, and in any provision conferring power to make rules prescribing the conditions of service of persons serving His Majesty in a civil capacity in. India inolude references to any person authorised by the Provincial Govern- ment or the Central Government, as the case may be, to make rules for the purpose.

(3) The references in any Indian law to servants of or under, or to service of or under, a Government or a Province) to property of, or belonging to, or vested in, the Socretary of State in Council or a Government or a Province, and to forfeitures to a Government or a Province, shall bo construed as references respectively to persons in the service of the Crown, to the service of the Crown, to property vested in the Crown and to forfeitures to the Crown ".

Section 5.—In subsection (2) after " 1016 " insert " or under seotion 32

of the Government of India Aot, 1035 ".

17 A

After seotion 6 insert—

¹ Coming into operation of Govornor- Oeno.ftl's Act.

5A.—Where any Act made by the Governor-General under seotion 44 of the Government of India, Act, 1935, is not expressed to oorne into operation on a particular day, it shall come into operation on the date on which it is enacted by tho Governor-General ".

Section 30.—At the end insert " or section 42 or section 43 of tho Government of India Act, 1935 ". Omit sections 30A and 31.

The Leper* Act, 1898. (Ill of 1898.) Seotion 19,—For " Governor-General in Council " substitute " Provincial Government "; for " the territories of any Native l'rinoo or State in India ". substitute "any Indian State", and after " any leper asylum" insert " in the Province ".

The Indian Poet Office Act, 1898. (VI of 1898.)

Seotion 2.—In paragraph (6) for " the Governor General in Council " (in the first two plaoea where those words occur) substitute " the Central Government or the Crown Representative ".

Seotion 6.—For " The Secretary of State for India in Council " sub- stitute " The Crown ".

Section 26.—In subsection (1) for " by the Governor-General in Counoil " substitute " by the Central or the Provincial Government " ; and in subsection (2) for " signod by a Secretary to the Government of India or to the Looal Government " substitute " of the Central Government or, as the case may be, of the Provincial Government ".

Seotion 27.—For "Native State " substitute " Indian State ". Seotion 31.—For " the Secretary of State for India in Counoil " substitute '* the Central Government or the Secretary of State ".

Section 33,—For " the Secretary of State for India in Council " substitute " the Central Government ".

Section 34.—-For " the Secretary of State for India in Council shall not " substitute " neither the Central Government nor the Secretory of Stato shall".

Seotion 35.—For " the Secretary of State for India in Counoil " substitute " the Central Government, the Secretary of State ".

Sections 36 and 46.—For " Native State " substitute " Indian State ". Section 48.—For " the Secretary of State for India in Council " substitute " the Crown ".

Seotion 57.—For " the Governor General in Council " substitute " the Central Government or the Crown Representative ".

The Livestock Importation Act, 18U8. (IX of 1898.) Section 4.—Omit " subject to the control of the Governor General in Council ".

The Central Provinces Tenancy Act, 1898.

(XI of 1898.)

Section 1.—Omit " for the time being " but, save as aforesaid, the lection shall stand unmodified.

Seotion 9.—For " Secretary of State for India in Council " substitute "Crown", and for "officer of the Government" substitute "servant of the Crown ".

The Indian Stamp Act, 1809.

(II of 1899.)

Sootion 2.—Omit subsection (8). In clause (6) of subseotion (9) for " the Local Government " substitute

" the collecting Government ".

After subsection (12) insert—

" (12A) ' collooting Government ' mpans—

(a) in relation to stamp duty in respect of bills of exchange, cheques, promissoiy notes., bills of lading, letters of oredit, policies of insuranoe, proxies and receipts, and in relation to any othor stamp duty chargeable under this Act and falling within item 59 in List 1 in the Seventh Schedule to the Government of India Act, 1935, the Central Govern- ment ;

(6) save as aforesaid, tho Provincial Government, "

Seotion 3.—For " Government " substitute " Crown ". Section 9.—For " the Governor-General in Council " substitute " the collecting Government " and for " British India " substitute " the ter- ritories under its administration ".

Sections 10, 16 and 18.-—For " Governor-General in Council " substitute

" collecting Government ".

Section 28.—For " the Secretary of State in Council " and " the said

Secretary of State in Council " substitute " the Crown ".

Section 33.—In subsection (3) for " the Governor-General in Council "

and " the Looal Government " substitute " the collecting Government ".

Seotion 3fi.—In proviso (e) for '• the Government " substitute " the

Crown ".

Section 37.—For " the Governor-General in Gounoil " subetitute " the

collecting Government ".

Section 49.—For " the Looal Government " substitute " the collecting

Government".

Section 55.—For " Governor-General in Council " substitute " Provincial

Government ",

Section 67.—In subsection (1) for paragraphs (a) to (e) substitute—

" (a) if the case arises in the Province of Madras or in Coorg, to the

High Court at Madras ;

(6) if it arises in the Province of Bombay, to the High Court at

Bombay;

(c) if it arises in Sind, to the Judicial Commissioner's Court j (d) if it arises in Agra or in Ajmer-Merwara, to the High Court at

Allahabad;

(c) if it arises in Oudh, to the Chief Court; (/) if it arises in Bihar or in Orissa, to the High Court at Patha ; [g) if it arises in the Punjab, the North-West Frontier Province, British

Baluonistan, or Delhi, to the High Court at Lahore ;

[h) if it arises in the Contral Provinces and Berar, to the High

Court at Nagpur, and

(i) if it arises in any other part of British India, to the High Court

at Calcutta. "

in subsection (2) for " or Chief Court " substitute " Chief Court or

Judicial Commissioner's Court ".

Sections B8, 59 and 60.—For " or Chief Court " substitute " Chief Court

or Judicial Commissioner's Court ".

Seotion 70.—For " the Local Government " substitute " the coUecting

Government".

Section 74,—For " Local Government " substitute " collecting Govern- ment " and omit "subject to the control of tho Governor General in Council ".

Section 75.—For " Governor-General in Council " substitute " collecting

Government ".

Seotion 76.—For subsection (1) substitute :—

" (1) All rules made under this Act Bhall be published in the Official

Gazette ".

Seotion 76A.—For " Tho Local Government may by notification in the local Official Gazette " substitute " The Central Government, Bubjpot to the provisions of section. 124 (1) of the Governniont of India Act, 1035, and the Provincial Government, may by notification in the Official Gazette ".

Schedule I, Item 36.—Omit oxoinption (6). Item 53.—In exemptions (a) and (/) for " Government " substitute

"Crown ".

Item 57.—In exemption (e) for " Governor of Bombay in Council " substitute " Provincial Government ", and in exemption (e) for " Govern- ment " substitute " the Crown ".

Item 68A.—Omit exemption (6).

The Government Buildings Act, 1899.

(IV of 1890.)

Section 3.—For " the Government " substitute, in the first two places where those words occur, " the Crown" and in tl e third place whore those words occur " the Government conoerned ".

Section 4.—In subsection (1) for "the Government" substitute "the

Government conoerned ".

Omit subseotion (3).

The Indian Arbitration Act, 1800.

(IX of 1899.)

Omit seotion 23.

The Currency Conversion (Army) Act, 1899.

(XIX of 1899.)

Thifl Aot shall cease to have effect.

The Central Provinces Court of Wards Act, 1899.

(XXIV of 1800.)

Seotion 1.—Omit " the territories for the time being administered by the

Local Government of ".

The Prisoners Act, 1000.

( ni of 1000.)

Seotion 16.—In paragraph (a) of subseotion (1) for "of the Governor- General in Council, or of any Local Government " substitute " of the Central Government, or of the Crown Representative, or of any Provincial Govern- ment, or of the Government of Burma ".

In paragraph (6) of that subsection for " tho territories of any Native

Prince or State in India " substitute " any Indian State ".

In sub-paragraph (i) of that paragraph for " British Government " sub- stitute " Crown ", for " by the Native Princo or State " substitute " by the Stute or the Ruler thereof " and for " the Governor-General in Council "' substitute " the Central Government or the Crown Representative ".

In aub-paragraph (ii) of that paragraph omit " in British India or ",

" the Governor-General in Council or " and " as tlie case may be ".

In paragraph (c) of that subsection for " in the territories of any Native Prince or State in India " substitute " in any Indian State ", and omit " of the Govornor Genera] in Council or ".

After the said paragraph (c) insert—

"Proviilod that effect shall not be given to any sentence or order or warrant for detention passed or isyuod by any court or tribunal in Burma without, the previous sanction uf the Provincial Government ooneorned ".

In. subsection (2) for " Native Prince " substitute " ltuler ", for " British Government" substitute " Crown " nnd for " the Govern or-Goneral in Council" Hubstituto " tho Central Government or the Crown Representa- tive ".

Section 18.—In subsection (1) for "the Governor-General in Council"

substitute "the Crown ".

In subsection (2) for " shall be such as the Governor-General in Council or a Local Government authorised by the Govornor General in Council in. this bohalf" substitute "shall in each Province be such as the Pro- vincial Government ".

In subsection (3) for " British Government" substitute "Crown"; for " by any Native Prince or State in India or by the Governor-General in Council" substitute " by any Indian State or the Ruler thereof or the Central Government or the Ciown Representative ".

Section 21.—For " Governor-General in Council " substitute "Provincial

Government ".

Section 29,—In subsection (1) for "Governor-General in Council" sub- stitute " Provincial Govornmont " and for " British India or to any prison in Borar " substitute " tho Province, or with the consent of the Provincial Government concerned, to any prison in any other Provinoe ".

In subsection (2) for the words down to " its control " substitute " Sub- ject to the orders, and under the oontrol, of tho Provincial Government " and omit from " or, in the cose of a prisoner " to the end of the section.

Section 30.-—-In subsection (4) for "the territories of any Native Prince

or State in India" substitute "any Indian State" and for "such Native Prince or State " substitute " such State or the Ruler thereof".

Seotion 33,-—-For " Any court established under the Indian High Courts Act, 1861," substitute " Any court which is a High Court for the purposes of the Government of India Act, 1935 ".

Seotion 40.—For "Governor-General in Council" substitute "Pro-

vincial Government ".

Section 60.—For " Government " substitute "Provincial Government". Section 51.—-Omit " and in cases arising undor seotion 40, the Governor-

General in Council " and " or the Gazette of India, aa tho case may be ",

The Punjab Alienation of Land Act, 1900.

(XIII of 1900.)

Seotion 16.—For "Government" substitute "any Government".

The Indian Tolls (Army) Act, 1901.

(II of 1901.)

Seotion 2.—In paragraph (17) for "the Government" substitute "the Central Government or the Federal Railway Authority or a provincial Government ",

Seotion 4.—For " the Governmont " substitute " the Central Govern-

ment ".

Section 0.—For " Local Government " substitute "Central Government" and in aub-aoction (2) omit " subject to the control of the Governor General in Council ".

Section 7,—Omit " and tho Local Government with the previous sanction of the Govornor General in Council " and " or the Local Government with the previous sanction of the Govornor General in Council " ; and in sub- section (4) omit " or in the local Official Gazotle ".

The United Provinces (Designation) Aot, 1002.

(VII of 1902.)

This Act shall cease to have effect.

The Indian Works of Defence Act, 1903.

(VII of 1003.)

Throughout the Act, except in Section 44, for "Local Government" substitute "Central Government" and omit "with the previous sanction of the Governor General in Council ".

Section 37.—For " Bombay and Rangoon " substitute "and Bombay". Seotion 44.--Omit "and tho Local Governmont with the previous

aanotion of the Govornor General in Council ".

The Indian Tea Cess Act, 1003.

(IX of 1903.)

Seotion 1.—Omit " except Aden ". Section 3.—Omit " or to Aden ".

The Victoria Memorial Act, 1903.

(X of 1903.)

Seotion 2.—Clauses (a) and (6) of subsection (1) shall stand unmodified.

The Indian Foreign Marriage Act, 1903.

(XIVofl903.)

Section 1.—In sub-section (3) for "the territories of any Indian Prince or State in India " eubatitute " any Indian State ".

Seotion 2.—In subsection (4) for "the Governor General in Council " substitute " the Provincial Government for each Province and the Central Government for British subjects and servauts of the Crown in any Indian State ".

The Indian Extradition Act, 1903.

(XV of 1903.)

Seotion 3.—Omit " or to any Local Government " and " or the Looal Government, as the cose may be ".

Seotion 4.—For " Local Government " substitute " Oontral Govern-

ment."

Section fi.—-Omit "or any Looal Government" and "or tho Looal

Government."

Seotion 6.—-Omit " or the Local Government as tho cose may be ". Seotion 8A.—For "Local Government" substitute ''Central Govern* ment "r

Seotion 9.—Omit " or to any Looal Oovernment ". Seotion 10.—For "Local G overnment " substitute "Central Govern-

ment ".

Section 11.—Omit " or the Looal Government, as the case may be ". Seotion 15.—Omit " or the Looal Government ". Seotion 19.—For " may be exorcised by any Local Government" substitute " shall be powers of the Central Governmont", and in para- graph (c) for " Local Government " subatituto " Central Government ".

Seotion 20.—For " Looal Government " substitute " Central Govern-

ment."

The- Ancient Monuments Preservation Act, 1904.

(VII of 1904.)

Section 2,—For " the Government " and " the Looal Government "

substitute " the Central Government ".

Seotions 3 and 4.—For " Local Government " substitute " Central

Government ".

Seotion 0.-—For " the Local Government ", " the Secretary of State for India in Council ", " the Govormment " and " Government " substitute " the Central Government " ; and omit sub-section (3).

Section 10.—For " Local Government ", where those words first occur substitute " Central Government " and for " the Local Govomment may proceed to acquire it " substitute " the Central Government may direot the Provincial Government to acquire it ".

S e o t i on 1 0 A .— - F or " L o o al G o v e r n m e nt " s u b s t i t u te " C e n t r al G o v e r n-

m e nt "•

Sootion 14.—For " the Looal Government" and " Government"

substitute " the Contral Government ".

Sootion 15.—For " the Looal Government " and " the Government "

substitute " the Central Government ".

Section 16.—For " Government " substitute the " Central Govermnent ". Section 17.—For " Local Government " substitute " Central Govern-

ment ".

Sootion 18.—-For " the Looal Government " and " the Government "

substitute " the Central Government ".

Seotion 19.—For " the Looal Government " substitute " the Central

Government".

Seotion 20.—Omit " after consulting the Looal Government " and, in

subsection (2), for " Governmont " substitute '• the Crown ".

Section 20A.—For " the Government" substitute " the Contral

Government ".

Seotion 20B.—For " Government " substitute " the Contral Govern-

ment ".

Seotion 23.—Omit " or the Local Government ".

The Indian Universities Act, 1904.

(VIII of 1004.)

Section 2.~For subsection (2) (6) substitute—

" (h) the expression ' the Governmont ' means the Central Government in the case of a University whidh is a corporation with objects not oonfined to a single Province, and tho Provincial Govern: jnent in other cases ".

B8

Section 8.—For " Ohanoellor with the previous sanction of the Governor General in Council " substitute " Governmont ".

Section 27.—-For " Governor General in Council " substitute " Govern- ment " and at the end of the section insert—,

" Provided that if the effoot of any such order would be either—

(a) to confine to ono Provinoe tho powers of a University whost powers would, but for the order, not be so confined ; or

(6) to extend beyond one Province tho powers of a University whose powers previously were restricted to ono Provinoe,

the order may only be made jointly by the Central Government and the Governments of all the Provinces affected ".

The First Schedule.—Aitor "the Member of Council of" insert "or Minister of"; for "Member nf the Executive Council of tho Government of Bengal or Minuter appointed by the Govornor to be " substitute " Minister of the Governor of Bengal " ; for " Chief" Court of the Punjab " substitute "High Court at Lahoro" and for " Local Government" sub- Btituto" Governmont " ; but savo as aforesaid the Sahodule shall stand unmodified.

The Indian Railway Board Act, 1906.

(IV of 1905.)

After section 3 insert—

" Cessation of Hallway Board on eHtabli.nh" mont of Federal Railway Authority.

4. On the establishment of the Federal Railway Authority, the Railway Board shall oeaso to exist and any notification issued under section 2 of this Aot shall coaae to have effect, without prejudice, however, to tho validity of anything previously done in pursuance thereofj".

The Indian Coinage Act, 1906.

(Ill of 1906.)

Seotions 16 and 20.—Omit " or by the Local Government ".

The Explosive Substances Act, 1908.

(VI of 1908.)

Section 7.—Omit " the Looal Government or ".

The Indian Limitation Act, 1908.

(IX of 1908.)

Section 13.—For " the Government " substitute " the Central Govern- mont or the Crown Representative ".

Section 26.—For " Government " substitute " the Crown ". The First Schedule.—In article (149) after "India in Council" insert " the Secretary of State, the Crown Representative, the Central Govern- ment or any frovincial Government "; in article (151) for " Lahore and Rangoon" substitute "and Lahore"; and hi article (162) omit " Rangoon ".

The Indian Criminal Law Amendment Act, 1908.

(XIV of 1908.)

Seotion 16.—Omit subseotion (2).

The Indian Ports Act, 1908.

(XV of 1908.)

Section 1.—For " Local Government " substitute " Government ". Section 2.—In paragraph (1) omit " or tjie Government of Indip ",

Seotion 3.—In paragraph (3) for " Local Government '' substitute

" Government " and after paragraph (7) add—•

" (8) 'Major port' means any port which the Central Government may by notification in the Official (Jazetto dedaro, or may under any law for the time boing in force have declared, to be a major port.

(9) ' Government', as rospocts major ports, for all purposes, and, ns respects other ports, for the purposes of making rules undor clause (p) of section 6 (1) and of the appointmont and control of port health-oflloora under section 17, moans the Central Government, and save as aforoaaid, meant) the Provincial Government."

Chapter II.—In tho heading for " liooal Government " substitute

" Government ".

Sections 4 and 5.—-For " Local Government " substitute " Govern.'

ment ".

Section 6.—In subsection (1) for "Local Government" substitute " Government " ; in paragraphs (j) and (jj) for " Government " sub- stitute "Crown" ; and in paragraph (p) omit " subject to the control of the Govomor-Genoral in Council ",

In subsection (1A) omit " In addition to any rulos which it is

empowered to make under subsection (1) ".

Section 7.—-For "Local Government" substitute " Govoiiiment " and in subsection (4) for " that Government " substituto " the Government ".

Seotion 11.—For " Local Government " substitute " Government ". Section 12.—For "Local Government " substitute "Government" and

for " that (Government " substitute " the Government ".

Sections 13 and 17.—-For "Local Government" substitute "Govern-

ment ".

Seotion 18,—For " the Secretary of State for India in Council " sub-

stitute "the Crown".

Sections 19, 21, 22, 23 and 27.—For "Local Government" substituto

" Government ".

Section 31.—In the proviso to subsection (1) for " Governor-General in

Council " substitute " Government ".

Seotion 33.-—For "Local Government " substitute "Government". In subsection (2) for "within its own provinoe " substitute " in British

India or, aa the case may be, in the Province " and omit the proviso.

Omit the proviso to subsection (3). Section 34.- -For "Local Government" substitute "Government". Section 35.—For "Local Government" substitute "Government¹'

and omit the proviso.

Seotion 38.—For " Local Government " substitute " Government ". In subsection (2) for "that Government" substitute "the Govern-

ment ".

Section 37.—In subsection (1) after "any number of ports" insert

*' in tho Provinoe not being major ports " and omit the proviso.

In paragraph (a) of subsection (2) omit " subject to the control of the Governor General in Council " and " and shall cause effoot to be given to any directions which the Govornor-General in Council may deem it necessary to issue with respect to nuch expenditure."

Seotion 43,—For " Government " substitute " the Crown ". Section 48.—Omit "other than a port in Burma " and for " Local

Government " substitute " Government"

18 A

Section 47.-—For " Local Government' " substitute '' Government ''. Sections 49 and 50.—For " Local Guvornmont " subatituto " Cenllal Government ".

Seotion fi4.—For " Local Governmont " substituto " Government ". Seotion 62.—For " Indian Marine Service " substitute " the Royal Indian Navy ".

Seotion 64.-—For " Loral Government '' aubatituto " Government ". Section 65,—-For " with the pro vim is sanction of the Local Govern- ment " substitute "with tho previous sanction, in tho case of a canton- ment authority or the port authority of a major port, of the Central Government, and in other oaaea of tho Provincial Government ".

Sootion. 68,—-For " Local Government " substitute " Government ", The First Schedule.—In Part IIT, for " Local Government " in oolumn 3 substitute " Government ", ancl omit the entries relating to Aden.

Omit Part IV.

The Indian Registration Act, 1908.

(XVI of 1908.)

Seotion 3.—In subseotion (2) for " under Govoromont " substitute " undor the Crown ".

Omit seotion 4. Section 8.—-Omit the proviso. Seotion 13,-—In subjection (1) omit "All appointinonts made by tho Inspeotor General under seotion 0 and " and omit subsection (3).

Section 14.—Omit subsection (1). Section 17.—In paragraph (vii) of Hubsccticn (2) for " Governmont " sub- •titute " tho Crown ".

Section 83.-—In subaoction (1) omit "the Branch Inspector General of Sindh ".

Omit seotion 92.

The Presidency-towns Insolvency Act, 1909.

(Ill of 1909.)

Long title.—Omit " and the town of Rangoon ". Preamble.—jFor " towns of Rangoon and " substitute " town of". Section 3.-—-For "Bombay and Rangoon" substitute "and Bombay'¹.

Sections 20 and 23.—Omit " in the Gazette of India and ". Section 60.—-For " Sis Majesty's Royal Indian Marine Service " aub- ititute " the Royal Indian Navy ".

Section 77,—-In subsection (1) for "Bombay and Bangoon " substitute " and Bombay " ; in subsection (3) omit " and in tho Chief Court of Lowor Burma under that Act as applied by the Lowor Burma Courts Act, 1900 " and " and in the Chief Court of Lowor Burma " ; and at the end of the soction insert-—•

" (4) On and after the fii'Ht day of April nineteen hundred and thirty-aeven tho powors conferrod by this eeotion on the Chiof Justice of the High Court at Bombay and on the Judicial Commissioner of Bind shall be powors of the Provincial Government of Bombay and of the Provincial Governmont of Sind respectively ".

Section 113,— Substitute the following section :—

113. Rules inado under the provisions of this Part shall bo subject "^anctlonto to the previous sanction of tho Provincial Government," n

Section 114.—Omit "in tho Gazette of India o r" and ''as the case

may be ".

Sections ]22 and 123.— For "the Government of India" and "the

Governor General in Council " substitute *' the Provincial Government ".

The Whipping Act, J909.

(IV of 1009.)

Section 6.—For " Governor General in Council " substitute " Provincial

Governniont ".

The Dourinc Act, 1610.

(V of 1010.)

Section 11.-—For "employ of Government " substitute "service of tho

down ".

Tho Indian Electricity Act, 1910.

(IX of 1910.)

Section 12.—In subsection (2) omit " or Kangoon " and in subsection (5) for " the Government" substitute "• the Central Government or the Provincial Government ".

Sections 18, 20 and 30.—Omit " or Rangoon ". Section 32.—For " the Local Government " substitute " the Central

Government ".

Section 36.—Omit " or the local official Gazotte as tho case may be ". Section 36.—In subsoction (1) after "and every Electric Inspector so appointed shall " insert " in relation to minos, oilfields and railways"; and in subseotion (2) after " and every Inspector BO appointed shall " insert " except in rolation to mines, oilfields and railways ".

Section 37,—For " Governor-General hi (Jounoil " substitute " Provincial Government" and in subsection (1) omit "for the wholo or any part of British India ".

Section 38.—In mibseetion (!i) for "British India" substitute "the Province " and for " Governor General in Council " substitute " Provincial Government ".

After seotion 38 insert—

3 8 A. T he p r o v i s i o ns of s e c t i o ns 37 a nd 38 s h a l l, in r e l a t i on to •• J I U I CB BB to

rules affecting mines, oilfields and railways, have effect as if i he minei, Mo, references to the Provincial Government and the Province were refer- ences to the Central Government and British India respectively."

Sootion 49.—For "the Government" substitute "any Government in

British India ".

Seotion 53,-—Tn subsection (1) for "the Government" substitute "the Central Government or the Provincial Government " and after paragraph (a) insert :—

" (aa) where tho Federal Kailway Authority is tho addressee, at tho

office of tho Authority ".

The Indian Museum Act, 1910.

(X of 1910.)

Sootion 2.-—In subsection (1) for paragraphs (b) and (o) substitute :—

" (6) four other persona to be nominated by tho Central Government ".

Section 9.—For (a) substitute :—

" (a) no officer shall be appointed without the approval of the Central Government ; and "

Section 13.—-Omit " under tho Civil Service Regulations for the timo being in foroe" and for " Government" substitute " the Central Government ".

For section 10 substitute—

" Power to Trustees to part with certain

16. Subject to such conditions aa the Central Government may approve, the Trustees may deliver possession of the whole or any part of the property described in the schedule to such person as that Government may appoint ".

poueialon.

The Indian Patents and Designs Act, 1911.

(II of 1911.)

Section 2.—For paragraph (1) substitute :—

¹ (1) " Advocate General " means an Advocate General appointed under the Government of India Act, 1035.'

Section 21A.—In subsections (1) and (2) for " Secretary of State for India in Council " substitute " Central Government ".

Section 72.—For " the Governor of Fort St. George in Council, the Governor of Bombay in Council, the Lieutenant Governor of Burma" substitute " the Provincial Governments of Madras and Bombay ".

The Indian Army Act, 1911.

(VIII of 1011.)

After seotion 6 insert—

" BoIatlonB betweon Todlan Foioojs and Bunnan Foroea when anting together, otc,

6A. When an officer, warrant officer or non-commissioned officer of His Majesty's Burma Forces is a member of a body of those forces acting with, or in attached to, any body of His Majesty's Indian Forces under such conditions as may bo prescribed, then for the purposes of command and discipline and for the purposes of the provisions of this Act relating to superior officers he shall in relation to that body of HiB Majesty's Indian Forces be treated and have all suoh powers as if ho were an officer, warrant officer or non-commissioned officer as the cose may be of His Majesty's Indian Forces.

(2) When an officer, warrant officer, non-commissioned officer or soldier of His Majesty's Indian Forces is a member of a body of those forces acting with, or is attached to, any body of His Majesty's Burma Forots under such conditions as may bo prescribed, then for the purposes of command and discipline and for the purposes of the pro- visions of this Act relating to superior officers the officers, warrant officers and non-commissioned officers of that body of His Majesty's Burma Forces shall in relation to him be treated and have all suoh powers as if they were officers, warrant officers or non-commissioned officers of His Majesty's Indian Forces.

(3) In this section " prescribed " means " prescribed by the Central Government anil the Governor of Burma >;, anil, fur tho purposes of this section, (lie relative rank of oilieers, warrant officers and non- commissioned officers of His Majesty's Indian Forces and His Majesty's Burma Forces may ho determined by regulations made by the Central Government nnd the Governor of Burma."

Section 7.-—-In clause (17) for " Govomor-Gpuoral in Council ' sub*

Btitute " Central Government or the Crown Representative ".

Sections 31, 3f> and 30.-—For " Government " suhHtitute " the Crown ".

Soction 4J.—For " in which the GoverniT-(!oneral in Council exercises jurisdiction by virtuo of tho Indian (Foreign Jurisdiction) Order in Council, 1902," Bubstitute " in which the Central Government or tlio Crown Kepre- sentative exercises jurisdiction hy \irlue of tho Government of India Act, 1035, or of any Order in Council made under tlio Foreign Jurisdiction Act, 1890 ".

Seotion 85.-—For subsection (3) substitute-—

" (3) When tho witness resides in any Indian Shite or tribal area in which thoro is an officer ioprnweriting the Central Government or the Crown Representative, the commission may be issued to that officer."

Section 00.—For " civil or military service of the Government " sub-

stitute "service of the Crown ".

Soction 02.-—-For " civil or military eon-ice of Government " substitute

" service of the Crown ".

Section 115.--For " the Secretary of State fur Tndia in Council"

substitute " the Crown ".

Section 126.—For " the Government " substitute " tho Crown ".

Prevention of Seditious Rlcetitigs Act, 1011.

(X of 1911.)

Section 1.-—For "Governor General in Council" substitute " Provincial

Government ".

Seotion 2.—Omit " w i th the previous sanctinn of the Governor General

ill Council ".

The Oo-Operative Societies Act, 1912,

(II of 1912.)

Section 19.—For " Government " substitute " Crown ".

Section 28.—-In subsection (2) for " Looal Government" substitute

" Government " and at the end add tho following paragraph :—

" In this subsection ' Government ' in relation to stamp duty in

respect of billa of exchange, cheques, promissory notes, bills of lading, letters of crodii, policies of insurance, proxies and receipts, and in relation to any stamp duty falling within Item 00 in List I in the Soventh Schedule to the Government of India Act, 1035, moans the Central Government, and save as aforesaid meaua the Provincial Government."

The Indian Lunacy Act, 1912.

(IV of 1912.)

Seotion 2.—For " established under the Indian High Courts Acts, 1861

to 1011 " substitute "constituted by His Majesty by Letters Patent".

Section 3,—In paragraph (1) for " by Government "substitute " by any Government in British India "; in paragraph (2) for " Govomor-Geueral

in Council" substitute "Provincial Government " and in paragraph (7) for " moilical officor of Government " substitute " medical Djtieer in tho service of the Crown ".

Section 17.-—Oinit " or Rangoon ".

Sections 22 and 35.—For " any asylum established by Govornment "

substitute " any Government asylum ".

F or a u c t i on 8 UA s u b s t i t u t e- •

89A.—(1) In computing tho amount payable on aur.ounb of the oost " Fixation or coat of roalntenanuo.

of jriaiiitenani'o "f lunatics detained in any asylum for the coat of whoso maintenance ttTiy Provincial Government iw liable, charges may bo included on account of tho upkeep of the asylum and of the capital cost of establishment thereof.

(2) In tho ea,se of any such lunatic under detention immediately before the commencement of Part III of the Government of India Act, 193S, the amount payable by any Provincial (!overrunont on account of the cost of his imi,in(onu,nco shall be dotorminod in accord- anoo with any general or npocial orders of tho Governor Gonerul in Council in foreo immediately before that dato and applicable to his ease.

Section 80B.—Omit subsection (2).

Section 91.—In paragraph (a) of subsection (1) for "established undor the Tndinn High Courts Acts, 1861 to ] 9 1 1" substitute " constituted by His Majesty by Lottois Patent " and in paragraph (;/) for " asylums established by Government " substitute " Governtiient asylums ".

Section 95.—For " by Goverrrmcnt " substitute "by the Secretary of State or any Government in British India '' aud in suliBection (J!) for " T he Secretary of State for India in Council " substitute " The Secretary of State or, arc the case may be, the Government concerned ".

Section 98.—'For " t he Govornoi: General in Council " substitute " t he Central Government or the Crown JHejiresentative nr by tho law of Burma ".

After section 100 insert the following section ;—

100A.—-The powers conferred, by this Act upon the Provincial Government shall, in relation to the Ranchi European Mental Hospital, be powers of tho Central Government."

" Banohi Buropenu Mental Hoeplta).

The Provident Insurance Boc.ictiea Act, 1912.

(V of 1912.)

Throughout the Act for " Local Government " substitute " Central Government ".

The Indian Life Assurance Companies Act, 1912.

(VI "f 1912.)

Section 2,—For "Local Government" substitute "Central Govern- ment ".

Omit soction 40,

Tho Third Sehedule.~For "British and Cjlonial" substitute "British Burman and Colonial "; for " whrrenn intorost ia guaranteed by tho Indian Government " substitute " wlipieon interest is guaranteed by any Govern- ment in British India or by thn Secretary of State as successor to the Secretary oT State for India in Cuuncil "; and for "tho British or any Colonial Government " substitute " llio British, the Uurrnan or any Colonial Govenunent".

The, Bengal, Bihar and Orissa and Assam Laws Act, 1912.

(VII of 1912.)

After aeotion 8 insert—

9. References in this Act, by whatever form of words, to Tndian laws in force immediately before the commencement of this Act shall, after the commencement of Part ILL of tho Government of India Act, 1035, bo construed as references to those laws nn adapted and modified under see.I ion 203 of that Act."

" Application to adaptations and modlfloa- tloiii mado under a. 2'jli of tho Unvurnmniit of Indlti Act, man

Schedule D.—TIL tho first, column, for "Local Government" substitute 'Local or Provincial Government."; and omit iteniH 4, fi, 11, 12, 22 LTKI 23, but, nave as aforesaid, the said first column shall stand unmodified, n. tho sooond ooluinn for " at Fort William in Hen gal " substitute " in Calcutta ", and elsewhere omit " Fort William in ".

The Delhi Laws Act, 1912.

( X l ll of 1912.)

Heotiou 3.—Omit the proviso.

Seotion7.-—For "Governor General in Commit" substitute "Provincial

Government ".

Sohodulo B.—Omit itema 1, 3, 4 and 13.

The Official Trustee* Act, 1013.

(11 of 11)13.)

Seotion 1.—For " British and Indian subjects of His Majesty in tho erritorios of Native States in India " substitute " British subjects in Tndian Itatea ".

Section 2.—For paragraph (1) substitute—

"(1) ' Government' or ' t he Government ' means in relation to any Province, the Provincial Government, and, in relation to British subjects in Indian States, the Control Government."

For paragraph (2) substitute—

" (2) ' High Court' moans—

(a) in relation to Bengal, Aaaam, and tho Andaman and Nicobar

Islands, tho High Court at Calcutta ;

(b) in relation to Madras and Coorg, the High Court at Madras ;

(0) in relation to Bombay and British Baluchistan, the High Court

at Bombay ;

(d) in rolation to the United Provinces and Ajmer-Merwara, the

High Court at Allahabad ;

(e) in relation to the Punjab and Delhi, the High Court at Lahore :

(/) in rolation to the Provinces of Bihar and Orissa, the High

Court at Patna ;

(y) in relation to the Central Provinces and Berar, the High Court

at Nagpur ;

(h) in rolation to Sind, the Judicial Commissioner's Court ; (1) in rolation to the North-West Frontier Province, the Judicial

Commissioner's Court ;

(j) in relation to British subjoota in any Indian Stale, that ono of tho aforesaid eourta which tho Central Government may from time to time notify in this behalf."

Omit paragraphs (3), (5), (6) and (7).

At the end of the seotion insert—

" (8) ' Division ' means the Province or State or group of Wtates

for which an Offloial Trustee has been appointed under this Act,"

19

Section 3.-—Omit " at a Presidency-town " and for " Presidency " Hub- stitute " Division ".

Seotion 4.—For subsection (1) substitute—

" (1) Tho Provincial Government for each Province, and the Central Government for British subjects in any Indian State or group of Indian States, shall appoint an Official Trustee :

Provided that nothing herein contained shall be deemed to bar the appointment of the Hame person an Official Trustee for two or ?Tiore Divisions."

In subsection (2) omit " of any of the said Presidencies " and after paragraph (r) insert—

" or (d) in the case of a I'rovinco other than Bengal, Madras or Bombay, a person already in tho service of the Crown ".

Omit subsection (3). Section 0.—For " Presidency " substitute " Division ". Section 15,—Omit " or of the Government of India ". Section 24.—In subsection (2) for " Secretary of Static for India in Counoil " substituto " Government", and at tho ond of the subfiection insert—

" Provided that nothing in this section affecta any option afforded to a claimant by section 17ft of the Government of India Act, 1936."

Omit seotion 31.

After section 32 insert—•

'• Having!

32A, The amendments of this Act which come into foroe on the commencement of Part III of the Government of India Act, 1936, shall not affect any legal proceedings pending in any court on that date or be construed an automatically transferring any proporty from any Official Truutoo to any other Official Trustee : but nothing in this section shall be construed aw preventing a transfer of any suoh property in accordance with any of the other provisions of this Act,"

The Admvnistrator-QeneraVB Act, 1913.

(Ill of 1013.)

Seotion 1.—In. subsection (2) for "British and Indian subjects of Hie Majesty in the territories of Native Statos in India " substitute " British subjects in Indian States ".

Section 2.—For paragraph (3) substitute—

" (3) ' Government ' or ' the Government ' means, in relation to any Provinco, the Provincial Government, and in relation to British subjeots in Indian States, the Central Government."

Omit paragraphs (7), (9), (10) and (11). At the end of the section insert— " (12) ' High Court ' m e a n s-

fa) in relation to Bongal, Assam and tho Andaman and Nioobar

Islands, the High Court at Calcutta ;

(b) in relation to Madras and Coorg, the High Court at Madras ; (o) in relation to Bombay and British Baluchistan, the High Court

at Bombay ;

(d) in relation to the United Provinces and Ajmer-Morwara, the

High Court at Allahabad ;

(e) in relation to thi_- Punjab urn] Dolhi, the High Court at Lahore ;

(/) in relation to the Provinces of Bihar and Orissa, the High

Court at Patna ;

(g) in relation to the Central Provinces and Berar, the High Court

at Nagpur ;

(h) in relation to Sind, the Judicial Commissionor's Court ; (i) in rolation to the North-West Frontier Province, the Judicial

Commissioner's Court ; and

(j) in relation to British subjects in any Indian State, that one of the aforesaid courts which the Contral Government may from time to time notify in this behalf.

(13) 'Division' means the Province or Stato or group of State! for which an Administrator-General haw been appointed under this Aot."

Seotion 3.—For subsection (1) sub&titute—

" (1) The Provincial Government for each Province, and the Central Government for British subjects in any Indian State or group of Indian States, shall appoint an Administrator-General:

Provided that nothing herein contained shall be doomod to bar the appointment of the samo person as Administrator-Genoral for two or more Divisions."

In subsection (2) omit "of any of tho said Presidencies" and after

paragraph (o) insert—

" or (d) in the oase of a Province other than Bengal, Madras or

Bombay, a person already in the aervioe of the Crown. .

Omit subseotion (3), Section 5.—For "Presidency" substitute "Division". Seotion 6,—For "Presidency" substitute "Division" and omit " at

the Presidency-town ".

Seotion 7.—Omit " at any Presidency-town " and for " Presidency "

substitute " Division ",

Seotion 8.—For "Presidency" substitute "Division". Seotion 9.—For "Presidency" substitute "Division" and omit " at

the Presidency-town ".

Section 18.—For "Presidency" substitute " Division". For seotion 23 substitute—

23. All probates or lettors of administration granted to any

Administrator-General shall be granted to him by that name."

" N"mo In

Which probate

DI letten to

bo granted.

Section 24.—Omit " at any Presidency-town " and for "Presidency" and " Prosidenoies " substitute "Division" and "Divisions" and at the end of the section insert—•

" A grant made by the High Court at Rangoon beforo the separa- tion of Burma from India shall have the same effect for the purposes of this section as it would have had if the separation had not taken place ".

Seotion 26.-—For "Presidency" substitute "Division", Section 28.—Omit " at the Presidency-town " and for " Presidency "

substitute " Division ".

Sections 31 and 38.—-For "Presidency" substitute "Division". Section 39.—Omit " or of the Government of India ". Seotion 48.—Omit " at the Presidency-town ",

19 A

Section 53.—In subsection (2) omit " at. tlie Presidency-town "; for "Secretary of State for India, in Council" subtitituto " Govornmont ", and at the end of the subsection add—

" Provided thai, nothing in thin "notion affects any uption afforded to a claimant by soutiun 170 of tho Government of India Act, 1035."

Section 54.—Fur " Presidency " substitute " Division ", Section S5.—-Omit " or in the town of I-tanguon ". Omit seofcion 58. After section 59 insert—

('Savin p.

59A. The amendments of thin Act which oomo into forco on the commencement of Part III of tho Government of India Act, 1935, shall not affect tho jurisdiction of uny tnurt witli respect to anv proceedings tlion pending before it and shall not be construed ua trans- ferring the administration <>f any property or estate then in tho hands of any Administrator-General to any othor Administrator-General."

The. hulian Vompanieu Act, 1913. (VII of 1013.)

Throughout the Act, except as expressly provided fur " Local Govern- ment " substitute " Central Govorninent ", and for " Act of the Governor- General in Council " substitute " Indian law ". Section 2,—-After paragraph (16) insert—•

"(17) 'trading corporation' means ix trading corporation within the meaning of item 33 in Lift I in the Seventh Schedule to the Government of India Act, 1H36."

After seotion 2 insert—

2A.—Notwithstanding anything in the luaL preceding suction, ft company which was immediately before the separation of Burma and Aden from India a company an dcflntid by tho aaid section, being a company tho registered office whereof is in Burma or Aden,—•

(a) shall be deemed for tho purposes of this Act to be a oompany ¹¹ Proviijlona us to companion registered In Burma or Aden before nnparaUim from Indlu.

registerod and incorporated outside British India, and

(6) shall not, unless tho subject matter or context BO requires, be included in the expressions ' company ', ' oxisting company ', ' public company ', and ' privato company ':

Provided that—

(i) for tho purposes of section 277 of this Act auch a company shall) for a period of six months from the separation, bo deemed to be a company incorporated and registered in British India ;

(ii) the separation of Burma and Aden from India shall not render valid any mortgage or charge which, immediately before that date, was void against the liquidator or creditors of suoh ft company."

Sections 0, 7 and 8.- -Jn paragraph (iii) of yubnection (1) after "the objects of the oompany " insert " and, exoopt in the caso of trading corporations, tho territories to which they extend ".

Section 11.—In subsection (4) omit "under the band of one of tho

Secretaries to such Government ".

After section 42 insert—•

"42A.—(1) The provisions of sections 41 and 42 shall apply in relation to Burma as they apply in rolation to the United Kingdom,

(2) In the application of the said provisions to Burma, references to a British register shall be construed tw roferencos to a Burma register."

neotion 87c.—In subsection (3) for Government substitute ' any

Government ".

Section 100.—At tho oiid of the suction insert—

" In thin Heution ' British Liclia ' doos not include Burma, or Aden,

whatever the date of the mortgage or charge in question ".

Seotion 2U2,—For " tho Government" substitute "the Crown ". vSeotion 245.—For "tho Governor-General in Council" substitute "the

Central Government or tho Grown Representative ".

Seotion 286.—Omit subsection (3).

After seotion 289 insert—•

289A. Tho powers conferred by this Ant on the Central Government shall, in relation to companion with objects confined it) a HJnglo Pro- vinoe wliioh are not trading corporations, be powers of tho Provincial Government."

"Application of Act to non- trodlu^ covn- panlfe with purclj' Provlnolftl obJooU.

The Destructive Inaccie and Peats Acl, 1914.

(II of 1014).

Section 2. -In paragraph (b) after " air " innnrt " across any uustoms

frontier as defined by tho Gontral Government ".

Soetion 5.—Omit " subject to the control of tjio Governor-General in

Uounoil ".

The Indian Copyright Act, 1914.

(HI of 1914). Seotion 3.- -The words " the Gazette of India " shall stand unmodified. Seotion 6.—For " Sooretary of State for India in Council " substitute

" Central Government".

The Indian Motor Vehicles Act, 1914. (Vni of 1914.)

Section 1.—In subsection (2) omit " Burma ". Section 9.—For " the Governor-General in Council " substitute " the

Provincial Government of that area".

Section 10.—In tho proviso to subsection (2) after " valid " insert " in any area", and for "tho Governor-('Jenorn-1 in Council" substitute "the Provincial Government of that area ".

Seotion 14. -In subsootion (1) after " m a y" insert "for the purpose

of implementing any international Convention relating to motor traffic".

The Local Authoi'Uks Loans Act, 1014.

(IX of 1914.)

Section 2.—At the end of tho seotion insert—

" ' The Government' or ' tho appropriate Government' means, it relation to cantoninont authorities and in relation to port authoritief in major porte, the Central Government, and in relation to other looa authorities, the Provincial Government."

Section 3.—For " Local Government " and " Governor-General ir,

Council " substitute " appropriate Government ".

Sections 4 and 0.—For " Looal Government " substitute " appropriate

Government ".

Section 6.—For " Governor-Goneral in Counoii " substitute " appropri

ate Government ".

For aeotion 8 Substitute—•

R. The remedy mentioned in aeotion 5 shall be available for tho recovery of any money lent by the Secretary of Ntate in Counoil to any local authority before the fifth day of September, eighteen hundred and seventy-one, and the interest due on suoh money."

„ Application

of Act to loang

el latins

previous to

the fifth

Beptembor

1871.

Schedule 1.—The entries relating to the Municipal Committee of Rangoon and the Commissioners for the port of Rangoon shall be omitted.

The North-Weal Frontier Constabulary Act, 1915.

( Xm of 1915.)

Throughout the Aot, exoept ae otherwise providod, for " Local Govern- ment " substitute " Contral Govornmont ".

Section 2.—At the ond insert.—

" In this section referent-en to appointments by the Central Govern- ment shall be construed as including references to appointments made before the commencement of Part III of the Government of India Aot, 1936, by the Provincial Government."

Section 3.—For the words to " to be called " substitute " There shall continue to be a force, maintained by the Central Government, and called ".

Seotion 4.—Omit " with the previous sanotion of tho Governor-General in Oounoil".

Seotion 9,—In olauso (m) for " Government" substitute " the Crown ".

Section 20.—Omit " subject to the control of the Governor-General in Counoil ".

Seotion 21.—In clause (6) omit " subject to the provisions ol section 4 ".

The Benares Hindu University Act, 1915.

(XVI of 1916.)

Seotion 5,—This section shall stand unmodified, and at the end of the seotion insert—

" (2) In the discharge of his functions as Lord Reotor, the Governor- Goneral shall exeroise his individual judgment ".

Seotion 0.—For subsection (1) substitute—

" (1) The Governor-General, exercising his individual judgment, shall nominate such person as he thinks fit to be the Visitor of the University."

Section 16.—For " the Government " substitute " any Government in British India" and for " Act of the Governor-General in Counoil " sub- stitute " Aot of the Central Legislature ".

Schedule 1.—For paragraph (1) (i) of Statute 3 substitute—

" (i) all Governors and Chief Commissioners in British India ".

The Indian Medical Degrees Act, 1916.

(VH of 1916.)

Seotion 3.—For " Governor-General in Counoil " substitute " Provincial Government ".

The Schedule.—For " Aot of the Governor-General in Council " eub- atitute " Aot of the Central Legislature ".

The Hindu Disposition of Properly Act, 1910.

(XV of 1910.)

Section 1.—For " Governor-General in Council " substitute " Provinoial

Government ".

Seotion B.—For " Governor-General in Council " substitute " Provincial

ftovernment " and for " British India " Hubstitute " the Province ".

The Inland Stenm-vessels Act, 1917. (I of 1017.)

Section 1,—In subsection (3) for " Govoi'nor of Fort St. George in

Council" substitute "Provinoial (!overnment" and for "under his administration " substitute " mentioned in subaeotion (2) and under its administration ".

Section 6.—For " Bombay or Rancoon " substitute " or Bombftv ".

After section 10 insert—

10A,—A certificate of survey shall have effect throughout the Province

in which it was granted :

" Effect of certificate! (if survey.

Provided that such a certificate may bo endorsed by the Provincial Government of any other l'rovinoe, or with the general or special sanction of the Provincial Government of that othor Province, by the authority granting it, so as to have effect in that other Province, oi any part thereof, and, if so endorsed shall have effect accordingly."

Seotion 11.—After " shall not be in force " insert " in any Province " in paragraph (c) for " by any Local Government" substitute " by the Provinoial Government of the Province in which it was granted "; and at tho ond of the flection insert the following paragraph—

" A certificate of survey shall not be hi force in any Province by virtue of any endorsement in respect of that Provinoo, after notice has been given by the Provincial Government of that Provinoe, to the owner or master of a steam vessel, that that Government has oancelled or suspended the endorsement."

Seotion 13.—-For " A certificate of survey may be suspended or oanoelled

by any Local Government if it has reason to believe" substitute) " A certificate of survey or any endorsement thereon made under seotion 10A may be suspended or cancelled by the Government of the Provinoe in which the certificate was granted or in respeot of whioh the endorsement was made, as the case may be, if that Government has reason to believe ", Seotion 14.—At tho end of the section insert the following paragraph—

" Where an endorsement on any certificate of survey for any Provinoe has been suspended or cancelled, the Provincial Government of that Province may require the certificate of survey to be delivered up to such ofnoer as that (Jovemment may be notification in the Official Gazette appoint in this behalf, in order that particulars of the suspension or cancellation of the endorsement may be noted on the certificate."

Seotion 15.—For the words from the beginning to " cancelling the certificate " substitute "If a Provincial Government i uspends or cancels an endorsement made under section 10A on a certificate of survey, it ".

Seotions 22, 22A and 28.—For " in its discretion " substitute " if it

thinks fit ".

Seotion 29.—Omit " with the previous sanotion of the Governor-General

in Council ".

Seotion 31.—For the words from the beginning to " and a licence " substitute " A certificate of competency or service or a licence granted under this Chapter ".

Seotion 45.—-For the words from the beginning to " in. the following oases, namely " substitute " Any certificate granted or any endorsement made under Chapter HI may be suspended OT cancelled by the Government of the Province in which the certificate waa grant d or, as the case may be, in respect of which the endorsement wan made, in the following oases, namely " and in the proviso after " a certificate " insert " or endorsement ".

Section 47.—For the words from the beginning to " cancelling the certificate " substitute " If a Provincial Government suspends or cancels an endorsement under this Chapter, it " and for the second " Hiich oerti- ficate " substitute " the certificate '\

Sections 49 and 54A.—Fov " Govonior-Geiieral in Council" substitute ''Provincial Government".

Section 68.—Omit " with the previous sanction of the Governor-General in Counoil ".

Section 69.-—For " Governor-General in Council " substitute " Provincial Government " and for " or the Government of .India " substitute " or any Government in British India ".

Hootion 70.—At the end of the section insert—

" Providod that no such notification shall be mcu.le after the end of March, 1937 ".

Section 73.—For " Governor-General in Counoil " substitute " Provincial Government ",

The Motor Spirit (Duties) Act, 1917.

(11 of 1017.)

Section 4.—For " Looal Government " substitute "Cenlral Govern- ment ".

The Destruction of Recordrs Act, 1917.

(V of 1917.)

Omit section 2. Section 3.—-In paragraph (o) of subsection (2) for " the Local Government or any officer specially authorised in that behalf by tho Local Government " substitute—

" (i) if the documents relate to purposes of a Province, the Provincial Government or any officer specially authorised in that behalf by that Government ;

(ii) in any other case, tho Central Government or,an officer apocialH⁷

authorised in that behalf by that Government ".

Substitute for subsection (3)—

" (3) Rules made under this section by any High Court or by a Chief Controlling Revonue Authority or by an officer specially authorised in that behalf by any Provincial Government shall be subject to the previous approval of the Provincial Government ; and rules niade by an officer specially authorised in that behalf by the Central Government shall be subject to the previous approval of the Central Government,"

The, King of Oitdh'x Estate Validation, Act, 1917.

(XT1 of J917.)

Soction 4.—In clause (i) for " LooaJ Government " substitute " Central Government ",

The Pntna University Act, 1917.

(XVI of 1917.)

Throughout the Act, except as otherwise provided, for " Local Govern-

ment " substitute " Central Government ".

Section 2.—Omit the definition of " Local Govemmont ".

Soction 5.—For subsection (1) substitute—

" (1) Such person as the Governor-General, exercising his individual

judgment, may nominate shall be the Chancellor ".

Soction 7.—In subsection (1), under Class I, for clause (ii) substitute—

" (ii) The Ministers nf t}io Governor of Bihar and the Minister for

Education of tho Governor of Orissa ";

In clause (iv) after " and " insert " tho Director of Public Instruction ";

In clause (v) after " and " insert " the Director of Health and Prison

Services ";

In clause (vi) after " and " insert " the Director of Industries ";

lender Class I II for clause (v) substitute—•

" (v) Two persons elected by tho Legislative Assembly of Bihar from

among their own body ;

(vi) Ono person elected by tho Legislative Council of Bihar from

among their own body ;

(vii) Two persons elected by the Legislative Assembly of Orissa from

among their cwn body :"

And in the proviso for " the Orissa Division " substitute " Orissa ".

Section 8.—-In clause (ii) of subsection (i) after " a n d" insort " th"

Direotor of Public Instruction ".

Seotion 11.—For "and Orissa" substitute " or of Orissa ".

Section 14.- For " and Orissa " substitute " or in Orissa ".

The. Transfer of Property (Validating) Act, 1917.

(XXVI of 1917.)

Section 1.- -For " Governor-General in Council " substitute " Provincial Govornment of any Province "; and for " any other part of British India specified in tho notification " substitute- " the whole or any part of that Provinco "

The Cinematograph Act, 1918.

(II of 1018,)

Section 4.—Omit " or in the town of Rangoon ".

Section 7.—In subsection (1) omit "authorised in this behalf by the Governor-General in Council " nnd for " in tho service of Government " substitute " in the service if the Crown ".

Tn subsection (fi) omit " or in the town of Rangoon ".

Tn subsection (6) omit " in its discretion ".

The Indian Companies [Foreign Interests) Art, 19]8.

(XX of 1918.)

Section 2.—For " Act of the Governor-General in Council" substitute

" Act of tho Central Legislature ".

20

The Cotton < loth Act, 1918.

(XX11I of 1018.)

Throughout the Act for " Governor-General in Couuoil" substitute

" Provincial Government ",

Section 12.—In subsection (3) omit " the Gazette of India or " and " aa

tho coee may be ".

Thu Local Authorities Pensions and Gratuities Act, 1910.

(I of 1010.)

Soation 2,—For " the service of Government " substitute " servioo under the Grown "; and at the eurl of the section add " arid, the 'appropriate Government' means, in rolation to cantonment authorities and port authori- ties in. major ports, the Contral Giivernment, and in rolation to other authorities, the Provincial Government ".

Section 3.—For " the service of Government " (substitute " service under

the Crown ",

Section 4,—For " the Govornor-General jn Council " substitute " the Central Government or any provincial Government "; for " the local Gov- ernment " Hubstikite " the appropriate Government "; and for " under Government " substitute "under the Crown".

Section 6.—For " Local Governraent " substitute " appropriate Govern*

mont ".

The Excess Profits Duty Act, 1010.

(X of 1010.)

Section 2.—Omit the definition of Chief Revenue Authority.

Sootion 8.—For " Local Government " substitute " Central Govern-

ment ".

The Poisons Act, 1010.

(XTI of 1010.)

Soction 2.—-Omit "Subject to the control of the Governor-General in

Council ".

Section 3.—After " British India " insert " across any customs frontier

doflncd by the Central Government ",

Flection 4.—Omit "subject to the control of tho Governor-Genera] in

Council ".

Section 6.—Omit " into Biitinh Tudia ", and after " without a licence'' insert " into British India aen.™ a customs frontier defined by the Central Government ".

Section 8.—Omit " and subject to the control of the Governor-General

in Council " and after " of thia Act " insert. " except section 3 ".

Section 0,—In subsection (2) omit "in its discretion" and after "of

this Act " insert " except section 3 ".

The Indemnity Art, 1019.

(XXVTI of 1019.)

Throughout the Act for " officers of Government " and " officer of Gov eminent " substitute " officers of tho Crown " and " officer of tho Crown ".

Section 5.—For " appointed by the Government " substitute " appointed

by tho Central Government ".

Section 6.—For " on behalf of the Govornment " substitute " on behalf

of the Crown ".

The. Provincial Insolvency Act, 1920.

(V of 1920.)

Long Title.—For " Rangoon " substitute " Karachi ", Proamblo.—For " the Towns of Rangoon and Karachi " substitute '' the

town of Karachi ",

Section 2.—Omit " the town of Rangoon ". Section 79.—For subsection (1) substitute-—•

" (1) Tho High Court may, wiLh the provious sanction of the Pro- vincial Government, make rulos for carrying into efl'eot the provisions, of this Act."

In subaeotion (3) omit " in tho Gazette of India or " and " ae the

oaee may be ".

The Indian Securities Act, 1920.

(X of 1920.)

Section 2,—-At the end insert—

" (c) ' the Government ' or ' Government ' in relation to any loan or security, means the Govomment raising the loan or issuing the security ".

Sections 6, 7 and 9.—-For " Governor-General in Council " substitute

" Government ".

Section 13.—For " Local Government " substitute " Government ".

Suction 24.—For " Governor-General in Council" substitute " Govern

ment ".

After seotion 25 insert—

20. For tho avoidance of doubt it ia hnroby declared that th*" rights "provision of all porsona in relation to Indian securities are to be determined" ** ^jlj"* in connection with all such questions as are dealt with by this Act in relation to Government securities, by the law of British India."

The Charitable and Religions Trusts Act, 11)20.

(XIV of 1920.)

Section 1.—For " Govornor-Geiierol in Council " substitute " Government of any Province" and for "any specified Province or area" substitute. " that Province or any specified area therein ",

The Indian Bed Gross Society Act, ]920.

(XV of 1920.)

Schedule II.—For the entry relating to Bombay substitute—

" Bombay .. ,. .. ..^1 .. ,, 7-8 Western India States .. . . }- 10 .. .. 3 Sind

J .. .. 1-2 "

The Jagannath College Act, 1920^

(XVT of 1020.)

Section 2.—For " the Governor of Bengal in Counoil (hereinafter referred¹ to as ' the Local Government ')" substitute " the Grown, for the purposes- of the Province of Bengal ".

Section 3.—For the first "Local Government" substitute "Crown"

and for " of Govornment " substitute " of the Crown ".

20 A

The Dacca University Act, 1920

(XVIII of 1920.)

Section 2.—Omit olau=,e (c).

fiecticr: 7.—Substitute the following section ;•—•

"VtetUtlon.

7.—(1) The Provincial Government shall have the right to cause an inspection to be made by such person or persona as it may direct •of the University, its buildings, laboratories and equipment, and of any institutions associated with the University, and also of the exam- inations, teaching and other work conducted or done by the University, and to cause an inquiry to be made in liko manner in respect of any matter connected with the University.

The Provincial Government shall in every case give notice to the University of its intention to cause an inspection or inquiry to be made, and the University shall be entitled to be represented thereat.

(2) The Provincial Government shall communicate to the Executive Council its views with reference to the results of any such inspection or inquiry, and shall, after ascertaining the opinion of the Executive Council thereon, advise the University upon the action to be taken.

(3) The Executive Council shall report to the Provincial Government the action, if any, which in proposed to be taken or has beon taken upon the results of the inspection or inquiry.

(4) Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the Provincial Government, the Governor, exorcising his individual judgment, may, after con- sidering any explanation furnished or representation made by the Executive Council, issue such directions as he may, exercising his individual judgment, think lit, and the Executive, Council shall oomply with those directions."

Section 9.—-" Governor of Bengal " shall stand unmodified.

Section 16.—In subsection (1) at the raid of clause (x) 111(1611 " including persons appointed to represent A&sam " and omit clause (a;*).

In subsection (2) omit " (ri) ".

Sections 27 and 34.—For " Governor-General in Council " substitute " Provincial Government ".

Seotion 37.-—For " to the Local Government and to the Governor-General in Council " substitute " and to the Provincial Government ".

Section 44.—-After " by the Government " insert "under which he ia uerving"; for " Government service " substitute " the sorvico of the Crown" and for " of the Government " substitute " of that Govern- ment ".

Seotion 46.—For " Governor-Genoral in Council " substitute " Provin- oiar Government ".

Section 47.—-After " maintained" insert " in Bengal " and for " Governor-General in Council " substitute " Provincial Government ".

The Schedule.—-In Statute 2 (1) omit clause (i) and in clause (xviii) for " Council " substitute " Assembly ".

The Indian Passport Act, 1620.

(XXXIV of 1920.)

Seotion 4.-—For " Local Government " substitute " Central Govern- ment ".

Seotion 5,—For " Local Government " substitute "Central Government" and for " officer of Government " substitute " officer of the Crown ".

The Indian Elections Offences ami Inquiries Act, 1020.

(XXXIX of 11)20.)

Long Title and Preamble.—-Aftor " the Government of India Act "

insert " or the Government of India Act, 1035 ".

Seotion 4.—For clause (b) substitute—•

" (6) ' olection ' moans tin election to a Chamber of any Legislature or Legislative Council constituted under the Government of India Act or the Government of India Act, 1035."

In clause (c) for " Governor-General, Governor or Lieutenant -

Governor" substitute "Governor-General or (iovernor".

Section 12.—Omit " or Lieutenant-Governor."

Section 13.—For the proviso substitute—

" Provided that the Governor-General, in the case of an election to a Chamber of tho Federal Legislature or the Indian Legislature, and the Governor, in the case of an election to a Chamber of a Provincial Legislature, may, in his discretion, exempt any such person from such disqualification."

After section 14 add—•

15. As respects elections to a Chamber of a Legislature constituted under the Government of India Act, 1035, this Part of this Act shall have effect subject to any relevant provision of any Order in Council or rules made under that Act in relation to such elections."

" spaolal provlBlon at to dnotlonfl undw Government of India Act, 1636.

The Aligarh Muslim University Act, 1920.

(XL oT 1020.)

Section fl.—For " the Government " substitute " any Government in

British India ".

Section 13. -Subsection (1) shall stand unmodified, and at the end

of tho section insert—

" (0) Tn tho discharge of his functions as Lord Rector, the Govornoi"

General shall exercise his individual judgment. "

Section 14.- -For subsection (1) substitute—•

" (1) Tho Visiting Board of the University shall consist of such members as the (iovornor-General, exercising his individual judgment, may nominate"

The Schedule.—In paragraph 1 for " Heads of Local Governments " sub-

stitute. " Governors and Chief Commissioners in British India ".

The Imperial Bank of India Art, 1920.

(XLVTT of 1920.)

Section 10.—For " t he Government" substitute " a ny Government".

Sections 13A, £3 and 25.—After " British India " insert " ov British

Burma ".

Section 2H.—For " officers of the Government " and " officer of Government " substitute " officers of tho Crown " and " officer of the Crown ".

Sootion 29,- -After " British Tndia " insert " or British Burma ".

Schodule I, Part T. --In clause (a) (i) for " Act of the Governor General

in Council" substitute "Indian or Burman l a w" and for "a local Government " substitute " ft Provincial Government, the Government cf Burma "; in clause (a) (iii) after " British Tndia " insert " or British Burma ", and in c-lnuso (a) (vi) omit the proviso.

F

Bohedule I, Part 11.—In clause (4) after " the Indian Trusts Act, 1882 " insert " or tlie corresponding provisions for the time being in force in Burma ".

Schedule II.—In regulation 30 after " British India " insert " or British Burma" and for " officer of Government " substitute " officer of the Crown ".

In regulation fll after " British India " insert " or British Burma ". la regulation 62 after " India " insert " or Burma ".

The Indian Territorial Force Act, 1020.

(XLVIII of 1020.)

After section 2 insert—

" Special provision!! as to Bind and Orissa,

2A. For the purposes of this Act, tho Provinces of Bombay and Sind, and the Provinces of Bihar and Orissa, shall bo deemed to bo one Province until in either ease the Central Government by notification in the Official Gazette otherwise directs."

Section 4A.—Omit " granted by the Governor-General in the name of

His Majosty " and " granted by the Governor-General ".

Section 11.-—The references to the Governor-General shall stand un-

modified.

Section 12.—For subsection (1) substitute—-

¹¹ (1) In each Province in which any unit or units of tho Indian Territorial Force is or havo been constituted, the Central Govern- ment shall constitute a Provincial Advisory Committee for all such units and a Unit Advisory Committee for each of such units."

The Auxiliary Force Act, 1020. (XLIX of 1020.) Section 1.—For " within the territories of any Prince or Chief in India " substitute "in any Indian State or tribal area ".

Section 6.—Omit " or of His Majesty's Royal Indian Marine ". Scolion 18.—For tho words fro™ " Governor-General in Council " to " as the case may be " substitute " Central Government and published in the Official Gazotto ".

Section 21.—The reference to tho Governor-General shall stand un-

modified.

Section 24.—For " Government " substitute " tho Crown ". Section 28,—For " Local Government " substitute " Central Govern

ment " and for " service of Government " substitute " service of the Crown ".

Section 30.—In clause ((/) of subsection (2) for " authorities " substitute "authority" and omit "respectively" and "the Local Government and ".

The Legislative Assembly (Deputy President's) Salary Act, 1921. (II of 1921.)

After section 3 insert—

4. On the establishment of the Federation of India this Act shall cease to have effect."

" A ct to OoaBO on GBtttblluh- m e j it Of Federation.

The Mncmy Missions Act, 1021.

(IX of 1021.)

In the Schedule omit all the entries relating to the Burma Mieaion

Trust.

The Indian Emigration Act, 192 2.

(VH of 1922.)

Section 2.—For " Local Government " substitute " Central Govern-

ment ".

Section 3.—-For " Subject to the control of the Governor-General iu Council the Local Government " Huhstitutn " The Central Govornment "; for " within tho territories administered by it " substitute " in British India"; and in subsection (2) for " Local Government " substitute " Central Government ".

Section 4.—For " Local Government " substitute " Central Govern-

mont ".

Section 5.—For " Local Government " substitute " Central Govorn- m e n t" and omit " subjoet to the control of tho Governor-General in Council ".

Seotions 0, 8 and f> For " Local Government " substitute " Central

Government ".

Section 10.—For "Indian Logislailire " substitute "Central Legis-

lature ".

Section 11.-—For subsection (2) substitute—-

" (2) Where tho Proteetor of Emigrants for any port has reason to believe that such a state oF affairs as is desoribod in subsection (1) exists in any country to which emigration for the purpose of unskilled work is lawful, ho may, by notification in such manner as ho thinks fit, declare that emigration to that country for the purpose of unskilled work from that port shall cease to be lawful pending ft reference to the Central Government."

In subsection (3) foe "• Local Government " substitute " Protector

of Emigrants ".

Section 12.—For " Local Government" substitute " Protector of

Emigrants ".

Section 13.—For " Indian Legislature " substitute " Central Legis-

lature ".

Section 16.—For " the Local Government having jurisdiction at the port from which such person is to depart " substitute " the Central Government ".

Sections 17 to 20.—For " Local Government " substitute " Central

Government ".

Section 21.—For "Indian Legislature" substitute "Central Legis-

lature ".

Section 23.—Omit " Subject to the control of tho Governor-General in Council" and for "Local Government" substitute "Central Govern- ment ".

Tho Jjdhi University Act, 1922.

(VTTI of 1922.)

Throughout the Act the references to the Governor-General (but not the references to the Governor-General in Council) shall stand unmodified and for " the Council of State and the Legislative Assembly " substitute " tho Chambers of the Central Legislature ".

The Civil Procedure {Amendment) Act, 1922.

(IX of 1922.)

Section 1.—Omit " with tho previous sanction of the Governor-

General in Council ".

The Indian Income-tax: Act, 1922.

(XI of 1022.)

Section 1.—For subsection (2) substitute—

" (2) It extendH to the whole of British India, including British Baluchistan and the Sun thai I'arganas, and. applies also, within the Indian States and the tribal aroafi, to British subjects who are in the service of the Crown or of a local authority established in the exercise of the powors of the Crown Representative or the Central Government ill that behalf, and to all other servants of th^ Crown in the said States and areas."

Section 2.—in subsection (1) for " officers of Government" substitute "officers of the Crown"; and in subsection (8) for " t he Local Govern- ment " substitute " the Central Government ".

Section 3.—For " Act of the Indian Legislature " substitute " Act of

the Central Legislature ".

Section 5.—For tho first sentence of subsection (4) substitute " The Central Government may appoint for any aroa as many Assistant Com- missioners of Income-tax and Income-tax Officers as it thinks fit ".

Section 7.—In subsection (1) for the first "Government" substitute- " the Crown ", and for " deducted under the authority of the Govern, ment from tho salary of any individual " substitute " deducted from the salary payable by or on behalf of the Crown to any individual, being a sum deducted in accordance with the conditions of his service."

In subsection (2) for " by Government " substitute " by or on behalf of tho Crown " and for " by tho Governor General in Council " substitute " in tho exercise of the x^owers of the Crown Representative or the Central Government in that behalf ".

Section 18.—For " on behalf of Government " substitute " on behalf

of the Crown ".

Section 40.—For subsection (t!) substitute—

' (6) If the recovery of income-tax in any area has been, entrusted to a Provincial Government under section 124 (1) of the Government of India Act, 1935, the Provincial Government may direct with respect to that area or any part thereof, that income-tax shall be recovered therein with, and as an addition to, any municipal tax or local rate, by the same person and in the same manner as the municipal tax or local rate is recovered."

Section 66.—For " Indian Legislature " substitute " Central Legisla-

ture ".

Section 07.—For " Government officer" substitute " officer of the

Crown ".

The Ranchi Mental Hospital An, 1022.

(XTII of 1922.)

Section 2.—In clause (c) omit " aTid Orissa"; omit clause (e) ; and in

clause (/) for " Local Government " substitute " Central Government ".

Section 4.—In subsection (1) for clauses (a) to (d) substitute-—

" (a) a Chairman to be appointed by the Central Government ;

(b) eleven Trustees appointed by the Central Government, of whom four t:hall represent Bengal, two the United Provinoea, two the Punjab, *wo Bihar and one tho Central Provinct-s nnd Berar."

Section 8.—For " The Looal Government may, at the request of the Board, acquire" substitute "The Central Government may, at the request of the Board, cause to be acquired "; and for " the compensation awarded under that Act and of the charges incurred by the Local Government in oonneotion with the proceedings " substitute " tho expenses incurred by tho Central Government on aooonnt of, or in connection with, the acquisition ".

Section 10.—For the first " Government " substitute " the Central Government or any Provincial Government "; omit "under the provisions of Section 96B of the Govornment of India Act "; for " partly by Govern- ment " substitute "partly by that Government" and for "the Looal Govornment" substitute "that Government ".

Section 12,—-For " Looal Government " substitute " Central Govern-

ment ".

Seotion 13.—-For " Looal Government " substitute " Central Govern- ment "; in. subsection (3) for "with the previous sanotion of the Governor- Goneral in Council, by notification in the Gazette of India and in the Bihar and Orissa Gazette " substitute " by notification in the Official Gazette"; in subnotion (4) for "vest in the Local Government on behalf of His Majesty " substitute " vest in His Majesty for the purposes of tho Central Government "; and omit subsection (5).

For section 14 substitute—

14. Tho Central Government may by notification in the Official " Irtneointion Gazotto declare that, with effect from such date as may be specified °f the Board, in the notification, the Board shall be dissolved, and on the mating of such a declaration, all funds and other property vestod in the Board shall vest in His Majesty for the purposes of the Central Govornment."

Omit seotion 15. Seotion 16.—-In aubseotion (1) for "Local Government" substitute " Central Government " and omit " subject to rules made under section 15".

In subseotion (2), in olause (b) for " Local Government " substitute " Centra) Government "; in olause (j) for " Government servants " sub- stitute " servants of the Crown "; omit " and " at tho ond of olause (n) ; and after clause (o) insert—

" (p) the qualifications for being appointed a Trustee ; (q) the circumstances in whioh and the authority by whioh any Trustee

may be removed ;

(r) the filling of any vacancy in the office of a Trustee, whether

temporarily or otherwise ; (s) the term of office of Trustees ; and (I) the allowances, if any, payable to the Trustees from the funds of the Board on account of attendance at meetings of the Board." Section 17,—For "sections 1C and 1 6" substitute "section 16", and

for " Local Government " substitute " Central Government ",

Section 18.—Omit " and in the Bihar and Orissa Gazette ". Seotion 21.—-For " Government " substitute "Central Government".

The PoUce (Incitement to Disaffection) Act, 1922.

(XXII of 1922.)

Seotion 3.—After " British India " insert " or British Burma ", Section- 8.—Omit " or the town of Rangoon ".

The Indian States (Protection Against Disaffection) Act, 1922.

(Governor-General's Aot.)

Seotion fl.—For " Governor-General in Council " substitute " Provincial

Government ".

The Cotton Transport Act, 1923.

(Ill of 1923.)

Seotion 8.—-For " the Legislative Council of the Provinoo " substitute " the Legislative Assembly of the Province"; for " of the Legislative

21

Council" substitute " of that Assembly "; and at the end of the eeotion insert—

" Provided that if the Provincial Legislature has two Chambers, the notification, must be laid in draft before and bo approved by Resolu- tions of, both Chambers, oither without modifications or additions, or with modifications or additions approved by both Chambers."

The Indian Mines Act, 1923.

(IV of 1923.)

Throughout the Act, except as otherwise provided, for "Local Govern- ment " substitute " Central Government ".

Omit section 2. Section 7.—For "Government" substitute "Crown". Section 9.—For " the Governor-General in Council or of the Local Government " and for " tho Governor-General in Council or the Local Government " substitute " tho Central Government ".

Section 10.—-For "for the province, or for any part of tho province" substitute " for any part of British India " and omit " in the province ".

Soction 30,—Omit lw subjocl to the control of the Governor-General in Council ".

Seotion 31.—In subsection (3A) for the words from "in the province" to " make tho rule " substitute " in the part of British India afiectod by the rule " and in subsection (4) omit " and the local Official Gazette, respectively ".

Seotion 48.—Omit subsection (2). Section 47.-—Omit "and every Local Government" and " by any authority subject to his or its control as the case may be ".

The Indian Boilers Act, 1023. (V of 1923.)

Seotion B.—In subsection (1) for "the Royal Indian Marine Service" substitute " the Royal Indian Navy ".

In sub?ection (2) for " Governor-General in Council " substitute " Safety Controlling Authority "j for " by the Government" substitute " by the Federal Railway Authority or by any Provincial Government "j and at the end of the subsection insert—

" In this subsection 'Safety Controlling Authority' has the same meaning as in the Indian Railways Act, 1890."

Seotion 4.—-For " Governor-Genoral in Council " substitute "Provincial Governmont ".

Seotion 28.— For " Governor-General in Council " substitute " Provincial Government"; and omit olauHe (/) and the word " a n d" immediately preceding it-

Section 29.—In clause (a) Omit "for rogulating their salary, allowances and conditions of service "; and for olauso (j) substitute—

" (3) generally to provide for any other matter " and omit the proviso.

Section 31.-—Omit " the Gazette of India and " and " respectively ".

The Cantonments (House-Accommodation) Act, 1923.

(VI of 1923.)

Section 1.—Omit " except Aden ". Sections.—For "Local Government" substitute "Central Govern mont " and omit " with the previous sanction of tho Governor-General in Council" and "situate in the Provinoe ",

For section 4 substitute—

4. Nothing in this Act shall affoct the provisions of any written ^ttfrn"⁰' Crown contract unions all tho parties to that contract consent in writing iimtmmeDt*. to be bound by the terms of thia Act."

Section 5,—For " the Government " substitute " the Central Govern-

ment ".

Section 6.—For "belonging to Government " substitute "belonging to

the Crown ".

Section 7.—For " the Government " substitute "the Central Govern-

ment ".

Section 13.—In subsection (1) for "Local Government" substitute "Central Government " and for " for sale to the Government " sub- stitute " for sale to the Central Government". In subsection (2) for

'tho Government" substitute "the Central Government".

Section 14.—For " tho Secretary of State for India in Council " substi- tute "tho Central Government"; for the first "the said Secrotary of State in Counoil" 6ubntitute " the Central Government " and for the second " the said Secretary of State in Council " substitute " the Crown ".

Seotion 17.—For "the Government" substitute "tho Central Govern-

ment ".

The Indian Naval Armament Act, 1923.

(VII of 1923.)

Throughout the Act for " Looal Government " substitute " Central

Government ".

Seotion 7.—Omit " or any gazetted ofiioer of the Royal Indian Marine

Servioe ".

Section 9.—Omit " subject to the control of the Govornor-General in

Counoil ".

The Workmen's Compensation Act, 1923.

(VIII of 1923.)

Section 2.—In subsection (1) in clause (n) omit " or of the Royal Indian

Marine Service ".

In subsection (2) for "of the Government" substitute "acting on

behalf of the Crown ",

In subsection (3) for "Governor-General in Council" substitute "Pro- vincial Government " and, after " apply " where it first occurs, insert " within the Provinoe ".

Seotion 3.—For " Governor-General in Counoil " substitute " Provincial Government " and after " the diseases which " and " apply " insert " within the Province ".

Section 16.—For " Governor-General in Counoil" substitute " Provincial

Government ",

Section 21.—In aubseotion (2) for "the Governor-General in Council"

substitute " the Provincial Government of that Province ".

Seotion 32.—In subsection (1) for " Governor-General in Council " sub-

stitute " Provincial Government ".

In subsection (2) omit " and " at the ond of clause (h) ; omit clause (i) ; insert, as clauses (i) to (n), clauses (a) to (/) of section 33 ; insert " and " at the end of olause (wi); and omit " and " at the end of clause (w).

Subject aa aforeaaid omit section 33.

21 A

Section 34.—In subsection (1) for " sections 32 and 33 " substitute " section 82 ".

In subsection (2) omit " or section 33 ".

In subseotion (3) omit " the Gazette of India or " and " as the caso mfty be ".

The Indian Cotton Oe.ss Act, 1023.

(XIV of 1923.)

Section 1.—In subseotion (2), for " exoept Aden " substitute " and in- cluding also Berar ".

Section 2.—-For " Local Govenunent " substitute " Central Govorn- ment".

Section i.—For clause (ii) substitute—

" (ii) six persons to bo nominated by the Central Government to represent respectively the Agricultural Department of tho Provincial Governments of Madras, Bombay, Sind, the United Frovinoes, the Punjab, and the Central Provinces and Borar."

For clause (v) substitute—

" (v) four persons nominated by the Central Government to repro- sent the cotton manufacturing or cotton ginning industry, of whom two shall be nominated to represent tho industry in the Central Provinces and Berar, one to represent the industry in Madras and one to represent tho industry in the Punjab."

In olause (vi) for " the Local Government of " substitute " the Central Government to represent ".

For clause (viii) substitute—-

" (viii) ten persons nominated by the Central (iovermnent to represent the cotton growing industry of whom two shall bo nominated to reproaent the industry in Madras, two to represent the industry in tho United Provinoes, two to represent the industry in the Punjab, two to represent tho mduatry in tho Central Provinces and Berar, ono to represent the industry in Bombay and one to represent the industry in Bind."

Sections 9, 10 and 11.—For " Local Government " substitute " Central Governtnont ".

Section 14.—After " His Majesty " insert " for the purposes of the Central Government ".

The Indian Official Secrets Act, 1923. (XIX of 1923.)

Section 1.—For " the dominions of Princes and States in India in alliance with His Majesty " substitute " any Indian State ".

Section 2.—After paragraph (1) insert—•

" (1A) References to a department of the Government inolude the departments of any Government in British India and any department of the Crown Representative, and includo also the Federal Railway Authority."

In paragraph (10) omit " or by any Local Government ".

Section 13.—In subseotion (1) for " Looal Government " substitute "appropriate Government"; in subseotion (3) for "Governor-General in Oounoil " substitute " appropriate Government " and omit " the Local Government "; and at the ond of the section insert—

" (5) In this section, the appropriate Government means—

(a) in relation to any offences under section 5 not connected with a prohibited place or with a foreign power, the Provincial Government ; and

(6) in relation to any other offence, the Central Government:'

The Indian Merchant Shipping Act, 1023.

(XXI of 1923.)

Throughout tho Act, save as - otherwise provided, for " Secretary of

State for India in Council " substitute " Central Government ".

Section 2.—After " the continent of India " insert " or in Burma " and

at the ond of the section odd—

" (2) As from tho commencement of Part III of the Government of India Act, 1036, a British ship registered, whether before or after that date, in Burma or Aden shall not be deemed for the purposes of any enactment relating to British ahipa registered in British India to be euoh a ship so registered,"

Section 4.—Omit " or th.o Government ". Omit section 4A. Seotion 17.—-For " Royal Indian Marine " substitute " Royal Indian

Navy ".

Seotion 31.—For " Government " substituto " tho Contral Government ". Seotion 37A.-—Omit " or between Aden and Porim " and after " Ceylon "

insert " or in Burma ".

Seotion 38.—For " Government " substitute " the Central Government ". Section 51.—-Omit " by tho Secretary of State for India in Council, with the concurrence of the Lords Commissioners of His Majesty's Treasury ".

Section 109.—-For " Government " substitute " the Central Government". Section 131.—For " Bombay or Rangoon " substitute " or Bombay ". Section 140.—In clause (e) of subsection (1) omit " Rangoon" and

after " in British India " insert " to Burma ".

Seotion 147.—For " tho dominions of Princes and States in India"

substitute " any Indian State ".

Section 150.-—For " Government " substituto " tho Contral Govern-

ment ".

Omit sections 185 to 188. Section. 203.—Omit " other than Aden ". Omit section 204. Seotion 205.-—In subsection (l)(a) omit " whore any voyage does not

begin at Aden ".

Section 209.—For '' become the property of Government " substitute " vest in His Majesty for the purposes of the Central Government" and for " shall be paid to Government " substitute " shall be paid to the Central Government ".

Seotion 213.—In clause (s) of subaecti n (1) for " Government " substitute

" the Crown ".

Seotion 218.—For " in India and Ceylon " substitute " whitin India,

Burma and Coylon ".

Section 233.—For " Government " substitute " Central Government ". Sootion 234.-—For " Government " substitute " the Central Govern-

ment ".

Section 237.—For " Govenunent " substitute " Central Government ". Sections 249 and 282,—For " Looal Government " substitute " Central

Government ".

Section 284.—For " Royal Indian Marino Bervioe " substitute " Royal

Indian Navy ".

The Malkkaroda and Qaontia Villages Laws Act, 1823.

(XXII of 1923.)

Section 4,—-For " Government " substitute " Crown ". After section 5 insert—-

6. This Act shall have effect subjeot to any provisions oontained in or made by virtue of the Government of India (Constitution of Orissa) Order, 1936."

' Saving si to

"irltory

nibnequently

ironaferiad to

The Mussatman Wakf Act, 1923.

(XLII of 1923.)

Section G.— For " Local C4ovcriunent " substitute " Central Govern- ment ".

The Cantonments Act, 1924.

(II of 1924.)

Throughout the Act, save as otherwise expressly provided, for " Local Government " substitute " Central Government ".

Sections 3 and 4.—Omit " with the previous sanction of the Governor General in Council " and " with the like sanction ".

Seotions <1 and 7.—For " Secretary of State in Counoil " substitute " Central Govominent ".

Section 8.—For " Secretary of State in Council " substitute " Central Government ".

Section 9.—Omit " with the previous sanction of the Governor-Genera] iw Counoil ".

Section 12.—For " by Government" substitute " by the Central Government ".

Section 13.—In subsection (6) for "Government" substitute "Crown".

Section 14—In subsection (1) omit "after consultation with the Looal Government."

Section 17.—For " with tho concurrence of " substitute " after consul- tation with ".

Section 28.—For " ({overnmont service " substitute " the service of tho Crown ".

Section 33.—For " Seorotacy of State for India in Council " substitute " Central Government ".

Section 34.-—For " Secretary of Ktato in Council " substitute " Crown ".

Section 4fi.—-In clause (fi) of subsection (1) for "Looal Government" substitute " Provincial Government concerned ".

Section 46.—Omit " or the Local Government ". Section 47.—For " (government " substitute " Crown ". Section. 49.-—Omit " after consultation with tho Local Government ". Seotion 54.-—Omit " with the previous sanction of the Governor-General in Council ".

Section B7.—For "Government" substitute "Central Government". Seotion 80.-—Omit the proviso to subseotion (1). Section 66.—-For "Secretary of State in Counoil" substitute "Crown". Seotion 09.—In subsection (2) in clauso (d) for " Government " substi- tute " the Crown " and in clause (/) after " property of " insert " the Crown" and for " the Government " substitute " the Central or any Provincial Government ".

Section 106.—Omit from " and (c) subject to any deductions " to the end of the section.

Seotion 108.—Omit " or the Local Government ", and for " by TTim Majesty " substitute " by the Central or a Provincial Government".

Seotion 110.—For "proceed to acquire i t" substitute "procure the

acquisition thereof ".

Seotion 124.-—For "Government" aubntitute " the Crown", Reotion 138.—For " of the Government " substitute "in the service

of the Crown ".

Seotion 172.-—Omit " or the Local Government " aDd " as the oase may

b e ".

Seotion 173.—For " Local Government " substitute " Provincial Govern-

ment ".

Section 181.-—In subjection (4) for "from Government" substitute

"from the Crown".

Seotion 195.-—For "Government" substitute " t he Crown". Seotion 239.—In subsection (5) for tho words from " refer the case " to the end of tho subsoction substitute " make such order thereon as it thinks fit ".

Section 202.—For " Government " substitute " Crown ". Section 280.—For " Government " subutitute " the Crown ".

The Criminal Tribes Act, 1924. (VI of 1924.)

Seotion 2.—Omit " and the town of Rangoon " and " or the town of

Rangoon "•

The Land Customs Act, 1924, (XIX of 1924.)

Section 1.—Omit " (except Aden)". Seotion 2.—In olauao (6) for " to a Local Government, the Local Gov- ernment or such officer of tho Local Government may appoint in. that behalf" substitute "and entrust to a Provincial Government or an officer of a Provincial Government under section 124 (1) of the Government of India Act, 1936, that Govornmont or officer as the case may bo ".

Omit clause (h). Seotion 3.—Omit " to any Local Government o r" and " t he Local

Government or ".

Seotion 8.—For " Government " substitute " the Crown ".

The Indian Soldiers (Litigation) Act, 1020.

(IV of 1925.)

Seotion 3,-—-For clause (c) substitute—

" (c) overseas—when he is or has been serving in any place outside India (other than Ceylon) the journey between which and British India is ordinarily undertaken wholly or in part by sea,"

Section 13,,—For " Looal Government " substitute " Central Govern-

ment " and after " High Court " insert " concerned ".

Seotion 14.-—For "The Govornor-General in Council" substitute " Aa

reepeots the Provincial Public Services, the Provincial Government, and in other cases, the Central Government."

The Legislative Assembly (President's Salary) Act, 192C.

(VI of 192C.)

After Heotion 2 insert—•

3. On the establishment of the Federation of India, this Act shall

cease to have effect."

" Aot to ceAM to have effect on ent&bllih- ment of federation.

The Cotton Ginning and Pressing Factories Act, 1925.

(XJI of 1925.)

Section 1.—Omit "(except Burma)". Section 5.—In subsection (2) for " the Governor-General in Counoil may

direct" substitute " it thinks fit".

Heotion 6.—For "Local Government" substitute "Central

Government."

Section 12.—For clause (c) substitute—

" (c) the standard weights and scales to be used in cotton ginning and cotton pressing factories in any part of British India and the inspection of tho same ".

Section 13.—Omit clause (c).

The Provident Funds Act, 1925.

(XIX of 1925.)

Section 2.—In clause (d) for " tho Government " substitute " the Seore- tary of State, the Central Government, the Crown Representative or any Provincial Government ", and at the end of the clause insert " and references in this Act to tho Government shall be construed accordingly ".

For clause (/) substitute—

'(/) "Railway administration" means—

(i) any company administering a railway or tramway in British India either under a special Act of Parliament or an Indian law, or undor oontraot with the Crown, or

(ii) the manager of any railway or tramway administered by the Federal Railway Authority or by a Provincial Government,

and includes, in any case referred to in sub-olause (ii), the Federal Railway Authority or the Provincial Government, as the case may be.'

Seotion 8.'—For " Local Governmont " and " Governor-General in Coun-

oil " substitute " appropriate Government ".

At the end of the seotion jneert-—

'(4) In this seotion "the appropriate Government " means— (a) in relation to a cantonment authority, a port authority for a major port, and any institution which, or the objects of whioh, appear to the Central Government to fall within List I in the Seventh Schodule to the Government of India Aot, 1935, the Central Government; and (6) in other cases, the Provincial Government.

Explanation.-—" The Provincial Government " in relation to an institution registered undor the Societies Registration Aot, 1860, means the Provincial Government of the Province in which the society is registered.'

The Coal Grading Board Act, 1925.

(XXXJ of 1925.)

Seotion 3,-—In subsections (1) and (3) after "Railway Board" insert "or, after the establishment of the Federal Railway Authority, to that Authority ".

The Indian Succcsnion Act,rlQ2&. (XXXIX of 1025.)

Sections 223 arid 230.—K<>r " GuvornoT-General in Council" substitute

" Provincial Government ".

Section 264,—Omit " and the province of Burmn. ". Seotion 273.—At the end of the seotion insert—

" The proviso to this seotion shall apply in British India after the separation of Burma and Aden from India to probates and letters of administration grunted in Bnrmo and Aden before the date of the separation, or after that dfite in proceedings which were pending at that date."

Seotion 300.—Omit "and the province of Burma". Section 970.—In clause (e) of subsection (2) for "Governor-General in

Council" substitute "Provincial Government".

Section 3S0.—-At the end of the section insert—

" This section shall apply in British Tndia after the separation of Burma find Aden from India to certificates granted in Burma arid Aden before the date of the separation, or after that date in proceedings which were pending at that date. "

Tht Indian Naturalization Act, 1026.

(VII of 1026.)

Throughout the Aot, Btive as otherwise provided, for " a Local Govern, ment " or "the Local Government" or " suoh Local Government " substitute "the Central Government'¹.

Seotion 3.—In clauses (e) and (/) of subFoclion (1) for "under the Government " substitute " in India ", and in clause (e) of that subseotion for " a principal vernacular of the province " substitute " one of the principal vernaculars of British India ".

Section 8.—In subsection (1) for the words down to "is satisfied that the certificate " substitute " Where tho Central Government is satisfied that a certificate of naturalization granted under this Act or the Indian Natural- ization Act, 1852 " and omit subsection (3).

Seotion 13.—Omit " with the previous sanction of the Governor-General

in Council ".

After section 14 insert—

" Application to certificate) grantod befort BBparatlon ol Burma and Aden.

14A. The provisions of this Act shall, after the HtvpaTation of Burma and Aden from India, continue to apply, ap respects British India, to certificates granted under thia Act, or the Indian Naturalization Aot, 1852, before tho said separation by the Local Governments of Burma and Aden and any such certificates may after tho said separation bo revoked as respects British India accordingly." The Iiulian Trade Unions Act, 1920.

(XVI of 1926.)

Throughout tho Aot, except as expraisly provided, for " Looal Govern-

ment " substitute " appropriate Government ".

Seotion 2.—-After " In this Act " insert " ' the appropriate Government * mean?, in relation to Trade Unions whose objeots are not oonflned to one province, the Central Government, and ia relation to othor Trade Unions, the Provincial Government, a mj >>

Section 3.—For " Each Local Government " substitute " The appro-

priate Government " and for " the province " substitute " each Province,

Seotion 11.—Omit " or of Rangoon ".

22

Section 15,—For " Governor-Gon..sral in Council " substitute "appropri- ate Government "',

Section 16.—After " t he Government of India A c t" insert " or the Government of India Act, 1935 ".

Section 29.—Omit " Subject to the control of the Governor-General in Council ".

The Cotton Industry (Statistics) Act, 1026.

(XX of 1926.)

Thr iifthrnt the AM f<" r " Governor Ge^enU in C'"r;fil " Rub-;til.ile '• Fri'viiiciul Of vnn mci t ",

S e c t i on 5 .— F¹ T " B r i i i l: T: i⁷in " F t i h ^ t i t u tp " t l ,p TV v r ," ' '.

T / W W Ai I ,i.L Wnlt-r B.'ttrd Act, 102(1.

(XXIIT of 1026.)

Sections 2, 3 (1) and 4.—" Chief Commis&ioner '" shall stand unmodified. Section 8.—For " Auditor-General " substitute " Central Government". Section 10.—In Bubseotion (2) omit from " and if any question " to the end of the Bection.

Section 12.—In olause (d) of subsection (3) omit " by the Auditor.

General".

"Dtojmte "i . For section ] C substitute :— torllp"yra"nt" 15.—(1) If any dispute arises between the Board and any constituent toorbytho body as to the liability of the constituent body to pay any Bum demanded by the Board or aa to the right of the constituent body to any refund, or as to the amount of any refund, from the Board, the constituent body may require the Board to refer the matter in dispute to the Central Government, and the decision of the Central Government thereon shall bo final :

Provided that, whore (he dinput.fi relates to the liability of a constituent body to mnko any payment to the Board, tho payment shall be made to the Board pending the doomon of the Central Government.

(2) In making any such reference the Board shall furnish to t he Contral Government and tho constituent body concerned a full state- ment of the ground? of its claim, and the Central Government shall consider that statement, togother with any like statement received from the constituent body -within six weeks of tho date of the reference."

Sections 18 and 19.—For "Auditor-General" substitute "Central Government ",

Sections 22 and 27.—For " of the Government " substitute " of the Crown ".

The Indian Bar Councils Act, 1020.

(XXXVITTofl926.)

Section 1.-—For " Patna and Rangoon " substitute " and Patna "; for " Governor-General in Council " substitute " Provincial Government."

Section 2 —At end inport—-

" (2) In this Act " the Provincial Government " means, in relation to any Hiffh Court, the Provincial Government of the Province in •whioh the High Court lisa its principal seat."

The Indian Forest Act, 1927.

(XVI of 1927.)

S e c t i on 2 , —• I TI p u r i u j r a ph ( 2) c m it " t he G o v e r n o r - G e n e r al in C o u n c il or ".

Sections 5, 23 nncl 20 —F'.ir " on fcehnlf of Govomrnont " and " on behalf

of the Guvernmnnt " yi'bstinitc- " en bwhulf of the Cn wi) ".

Sncti''ii 27,---Omit " ."u).jcct to the control of the Gc vcrnur-Gerieinl ii>

Council ".

Section 39.-—In siibpectii T"H (1) and (2) fur " lical Government" sub- stitute "Central Government"; in subpectiori (1) for " t he O< verninont * substitute " t he Crown" and omit the proviso; and after subsection (3) insert-—

" (4) Until provision to the contrary i" made by the Central Legis- lature, any Provincial Government which was, immerlia\ely before the commencement of Part I II of the Government of India Act, 193B, levying a duty on any timber or other forest produce produced in that Province may continue to levy that duty on such timber or forest produce :

Provided that nothing in lliiw suhpeetion authrrifeR the levy of any duty whifh as between timber or other forest produce of the Province and similar produce of the locality outside the Province, discriminates in favour of the formor, or which, in tho cane of 1 imber or other forest produce of localities outside the Province, discriminates between timber or other forest produce of one locality and similar timber or other forest produce of another locality,"

Section 41,—In subsection (2) for "British I n d i a" substitute " t he

P r o v i n c e" and for " G o v e r n m e n t" substitute " i he Crown".

After section 41 insert-—

" Pnweni of

Central Qov"rn-

rnent 41 to

movements of

t Im bur acraM

frontlflH.

41A.,—Notwithstanding anything in section 41, the Central Govern' ment may make rules to prescribe tho route by which alone timbei or other forest produce may be imported, exportod or moved into oi from British India across any customs frontier as defined by the Contra Govornment, and any rules made under section 41 shall have effect subject to the rules made under thin section."

Seotions 43, 44, 47, 40 and 70.—For " Government" substitute

" C r o w n ".

After seotiou 88 insort—

85A, AS from the commencement of Part I II of the Qovernmenl

1' having for

righto of

( r'utrul

Government,

of India Act, 1935, nothing in this Act shall authorise any Provincit.I Government to make any order or do any other thing in relation to any Crown property not vested in His Majesty for the purposes of that Provinco or othorwise to prejudice any Crown rights, without tho oonaer-t of the Government or authority concerned."

The Indian Lighthouse Act, 1927.

(XVII of 1927.)

Section 18.—Leave out " or the Government ".

The Trade Disputes Act, 1929.

(VII of 1929.)

Section 2.—In clauso (c) for " the Government " substitute " any

Government in British India ' .

After clauso (c) insert— " (oc) Fodoral Railway has the same meaning as in the Govornment of

India Act, 1935."

In clause (g) for " the Governor-General in Council " substitute " id the ease of a Federal Railway, the Central Government, and in the oaao of any other railway, the Provincial Government ",

39 A

In. cliiuse (k) omit " or In tho Royal Indian Marine Service ". Section 3.—FOT " or is a mil-way company " substitute " or is the Federal Railway Authority or a railway company operating a Foderal Railway ".

Section 15.—For subsection (4) substitute-—•

" (4) No Court shall take cognisance of any offence under this section or of the abetment of mvy such offence save on complaint made by or under authority from the Central Government where the public utility service in question is a. railway service oonnooted with a Federal Railway or a postal, telegraph or telephone service and the Provincial Government in other cases. "

Section 16.—For "the Government" substitute "any Government in British Tndia, the Federal Railway Authority or the Crown Representa- tive ".

Section 17.—In subsection (") for " the Governor-General in Council or the Local Government " substitute "the appropriate Government" and insert at the end of that subsection—-

" In this subsection 'tho appropriate Government' mean?—

(a) in relation to industries, businesses and undertakings carried on by the Central Government or by the Fedoral Railway Authority or by a railway company operating a Federal Railway, tho Central Government; and (b) in other cases, the Provincial Government."

Section 19.—In subsection (1) for " or by a railway company" substitute " or by the Federal Railway Aiithority or a railway oompany operating a Federal Railway ".

In subsection (3) omit " or the Local Official Gazette as the oaae raa.y be ".

Tlw Indian Soft Coke Cess Act, 1029. (VIII of 1929.)

Section 1.—In subsection (2) omit " except Aden ". Seotion 4.—In clause (i) of subsection (1), after " Board " insert " or, after the establishment of the Federal Railway Authority, to that Autho" rity "; and for clauses (ii) and (iii) substitute—

" (ii) one person nominated by the Central Government to represent

Bengal ;

(iii) one person nominated by the Central Government to represent

the provinces of Bihar and Orissa."

In subsection (") after " Board " insert " or after the establishment of tho Federal Railway Authority to that Authority ",

Seotion 9.—After " His Majesty " insert " for tho purpoiea of th.9 Central Government ".

The Dangerous Drugs Act, 1930. (U of 1930.)

Section 2.—For clauses (i) to (I) substitute—

" {%) ' to import into British India' means to bring into British India

by land, sea or air across any of the customs frontiers denned by the Central Government ;

(j) ' to import inter-Provinciaily ' means to bring into a Province otherwiso than across any of the said customs frontiers ; [~k) 'to export from British India ' means to tako out of British

India by land, sea or air across any of the said customs frontiers) (I) ' to oxport inter-Provineially ' means to take out of a Province,

otherwise than across any of the said customs frontiers ;

(//) ' British India ' includes Borar ; and "

Orn^t clause (n) and the word " and " immediately preceding it.

Seotion 4.—In Bubsootjon (1) for "Government" substitute "the

Crown ".

Section 8.—Omit " subject ti the control of the Governor-General in

Council ".

Seotion 10.-—For "Government" substitute "the Crown". Soction 31.-—-For "Local Government" substitute "appropriate

Government " and at the end of the section insert—•

" In this section ' the appropriate Government' moanfl as respect* any contravention of any rules which under ibis Act fall to bo made by the Provincial Government, that Government, and in other oasea, the Central Government."

Section 36.—For " Tho Governor-General in Council " substitute " In ooimeotion with offences against rules which under this Act fall to be made by the Provincial Government, the Provincial Govemmont, and in connection with other offencos, the Central Government ", Section 36,—Substitute for subsections (2) and (3)—•

" (S) Pules made under this Act ebull be published in tho Official

Gazette."

Section 39.—For "local Legislature " substitute "local or Provincial

Legislature ".

Schedule II.—Omit all the entries under the heading " Burma Aots ".

The Inland Stcam-Vcxsels (Amendment) Act, 1930.

(XTTT of 1930.)

Section 1,—For " Governor-Gonoral in Council " substitute "Provincial

Government ".

The Silver (Excise Duty) Act, 1930.

(XVIII of 1930.)

Seotion 4,—For " Local Government " substitute " Central Govern-

ment ".

The Indian Companies (Amendment) Act, 1930.

(XIX of 1030.)

Section 3.—In subsection (2) for " Governor-General in Council" iubstitute " appropriate Government " and at the end of the subsection insert.—

" In this section 'the appropriate Government' moans, in rolation to companies falling within Itom 33 of List I in the Seventh Schedule to the Government of India Act, 1935, the Central Government, and in relation to other companies, the Provincial Government."

The Indian Lac Cess Act, 1930. (XXIV of 1030.)

In the long title and preamble after " Indian " insert " or Burraan ". Seotion 1.-—Omit " except Aden ". Section 3.—Omit " or to Aden ". Seotion 4.—For clause (v) of subsection (4) substitute— " (v) six members representing the cultivators of lac to be nominated by tho Contral Government, one for Bengal, one for the United Province¹!, one for the Central Provinces and Berar, one for Assam and two for Bihar."

In clausos (ii) and (v) of subsection (5) omit " and Orissa ". Section 6.—After " Indian " insert " or Burman ". Soction 7.—-After " His Majesty " insert " for tho purposes of the Central

Government ".

Seotion 8.—For "Government servants" substitute "eprvanta of tb*

Crown ".

The Vizagapatam Port Act, 1931, (X of 1931.)

This Act shall cease to have effeot.

The Salt (Additional Import Duty) Ad, 1931.

(XIV of 1931.)

Section 3,—Omit " except Aden and Perim ". Section 5.—For "Secretary of State for India in Council " substitute

" Central Government ".

The Provisional Collection of Taxes Act, 1931.

(XVI of 1931.)

Sections 3 and 4.—-.For "Indian Legislature" substitute "Central

Legislature ".

The Bengal Criminal Law Amendment (Supplementary) Act, 1932.

(VIII of 1932.)

Section 2.—Omit " mado with the provious sanction of the Governor

General in Council " and aftor " Provided that " insert—-

" (a) no Riich order as aforesaid shall be made except with the previoun consent of the Provincial Government of tho Province in which the jail is situated ; and

(6)"

The Indian Partnership Act, 1932.

(TX of 1932.)

Seotion 56.—For " Govornor General in Council " substitute " Provincial Government of any province " and for " any province " substitute " that province ".

Section 58.—In subjection (3) for " tho Government of India or a Locnl Government " substitute " the Central Government, or any Provincial Government or tho Crown Representative"; for " when the Governor General in Council" substitute " whon the Provincial Govornmont," and omit " under the hand of one of the Secretaries to the Government of India ".

Seotion 71.—-For "' Govornor Genera] in Council " substitute " Provincial Government " and in subsection (2) aftor " may " insert " also ".

The Foreign Relations Act, 1932. (XII of 1932.)

Seotion 2.—Omit the explanation.

The Indian Air Force Act, 1932.

(XIV of 1932.)

Section 6.^In subsection (15) for "Governor-General in Coimcil " sub-

stitute " Central Government or the Crown Representative ".

Sections 44, BO and 51,—For "Government" (substitute "the Crown". Section 58.-—For " tho Governor-General in Council " substitute " the Cenbral Government or tho Crown Representative ", and for " tho Iudiau (Foreign Jurisdiction) Order in Coutioil, 1902 " substitute " the Government of India Act, 1935, or of any Ordqr in Council made under the Foreign. tJuiisdietiop. Act, 1800".

Section 62.—For " the Government " substitute " the Crown ". Section 90..—In subsection (3) for "the territories of any prince or chief

in India" substitute "any Indian State or tribal area" and for "the British Indian Government " substitute " the Central Government or the Crown Representatives ".

Section 94.—For " the civil, military or air force service of the Govern-

ment " substitute " the servioe of the Crown ".

.Seotion 97.-—For " the civil, military or air force service of Government "

substitute " the aervice of the Crown ".

Section 127.—For " Secretary of State for India in Council " substitute

" Crown ".

The Port Haj Committees Act, 1032.

(XX of 1132.)

Section 4.—For "Loral Government " aub&titute "Central Govern- ment", for "the Eengal Legislative Council" substitute "the Chambers of the Bengal Legislature ", for " the Council of State and of the Legisla- tive Assembly " substitute " the Chambers of the Central Legislature ", for "by constituencies in the Presidency of" substitute "for, or for any part of," and for " the Bombay Legislative Council " substitute " the Chambers of the Bombay Legislature ".

For clause (c) of subsection (3) substitute—

" (c) five members to be elected by an electorate consisting of

(i) the elected Muslim members of the Sind Legislature, and (ii) the Muslim members of the Chambers of the Central

Legislature elected for, or for any part of, Sind."

In subsection (5) for " a Local Government " substitute " the Central

Government ".

For seotion 5 substitute—

5. The Central Government may, after previous publication, make

rules altering tho composition of a Port Haj Committee."

"Powrt tnaltnr dnipofltlui at 1-orl HitJ Committee.

Sections 7 to 17.—For "Local Government" substitute " Contral

Government ".

Section 18.—For " Government " and " the Local Government"

substitute " the Central Government ".

Section 20.—For "lapsed to Government" subHiitute "lapsed to the Crown" and for "allotted by Government" substitute "allotted by the Central or any Provincial Government ".

Section 22.—For " The Local Government may, subject to the control of the Governor-General in Council " substitute " The Central Government may ".

Seotion 23.—For " Local Government" substitute " Central

Government".

The Tea Districts Emigrant Labour Act, 1932.

(XXII of 1932.)

Seotion 10.—For subsection (1) substitute—

"(1) The Central Government may, by notification in the Official Gazette, declare any area within a recruiting Province to be a con- trolled emigration area and thereupon the provisions of this Chaptei

A Vi a ll a T * * T ~ I 1 TT 4 T\ + V w* +• n - n nn •

Provided that tho Central Governmont may by tho same or any subse- quent notification declare that any of tho provisions of this Chapter shall not apply in that aroa, or shall apply subject to such general or special relaxations as may be specified,"

Sections 17 and 21.—For "Local Government" substitute "Central

Government ".

Seotion 23.—For " he may require the Local Government to " substitute " the Central Governmont may " and for " make any requisition for the cancellation of " substitute " direct tho cancellation of any ".

Seotion 24.—For " Local Government " substitute " Central Govern-

ment ".

Section 26.—For subsection (1) substitute—•

" (1) The Central Government may, by notification hi the Official Gazette, declare any eonl.rollod emigration area or any part of a controlled emigration area within a recruiting Province to be a re- stricted rooruiting area and thereupon the provisions of this Chapter shall apply to that area :

Provided that tho Central Government may, by the same or any subsequent notification, declare that any of the provisions of this Chapter shall not apply in relation to that area, or shall apply subjoot to such general or spooial relaxations as nwy be spooified."

Section 27.—For " Tho Local Government having jurisdiction ovor any restricted recruiting area" substitute " Tho Central Government" and after " rulea " insert " as rospocts any restricted rooruiting aroa ".

Section 28.—In the proviso to subsection (1) for " the Local Government having jurisdiction over any restricted reoruiting aroa " substitute " tho Central Government" and after "rules" insert "as respoots any restricted recruiting area ".

In subsection (2) for " Local Government of Assam " substitute " Central

Government " and after " rules " insert " for Assam ".

Section 36.— In subsoot.ion (3) for the words down to " invest a Sub- Divisional Magistrate " substitute " The Central Governmont may invest a District Magistrate or a Sub-Divinional Magistrate in any recruiting Province and a Sub-Divisional Magistrate in Assam ".

In subsection (4) for " Local Government " substitute " Central

Government ".

Seotion 37.—In subsection (2) for " Local Government of Assam "

substitute "Central Government" and after " rulos " insert "for Assam ".

In aubsoction (3) for the words down to " the Local Governmont " sub-

stitute " Rules made under this section ".

Section 38.—For " Subject to the control of the Governor General in Council, the Looal Government of Assam " substitute " The Central Government ".

The Bengal Suppression of Terrorist Outrages (Supplementary) Act, 1932.

(XXIV of 1932.)

Seotion 5.—Omit the proviso.

The Provincial Criminal Law Supplementing Act, 1933.

(IX of 1933.)

Omit eeotion 0.

The. Indian Wvrdexs Telegraphy Act, 1933.

(XVH of 1033.)

Section 7.—For " Local Government'" substitute " Central Govern-

ment ".

Section 9 shall oease to havo offoct.

The Murahidabad Estate Administration Act, 1933. (XXIII of 1933.)

The Preamble.—After tho first recital insert—

" And whereaa by virtue of section 177 of the Governrnont of India

Aot, 1935, the said indenture ie, as from the commencement of Part III of that Act, to have effect as if it had been made on behalf of the Province of Bengal and references therein to the Secretary of State in Council are to be oonatrued accordingly."'

In the second recital for " those " substitute " the said " and for

" Secretary of State " substitute " Provincial Government of Bengal ".

Section 2.—Omit olau-^e (5). Section 3. For " Tho Local Government ", where it first occurs, sub- stituto " The Provincial Govornmimfc of Bengal (hereafter in this Aot referred to as "the Provincial Government")", and for "tho Secretary of State" substitute " the 1'iovmcial Government ".

Section 4.—After " or the Secretary of State " insert " or tho Province of Bengal", and for "of the Secretary of State" substitute "of the Provincial Governmont ".

Section 5.—After the first " the Seoretary of State " insert " or the Province of Bongal "; for the second, third and fourth " the Secretary of State " substitute " the Province of Bengal ".

Section 7.—For " tho Seoretary of State" substitute " rrovincial

Government ".

Section 10.—For " Government " substitute " the Crown ". Sections 19, 26 and 27.—For " Secretary of State " substitute '• Pro-

vinoial Government".

The. Indian Tea Control Act, 1933. (XXIV of 1933.)

Section 2.—For clause (a) substitute—

" (a) ' Committee ' means the Indian Tea Licensing Committee con-

stituted under this Act;"

In clause (6) for " outside India " substitute " outside India and

Burma ".

Section 3.—-For " Local Government of Assam " and " Looal Govern-

ment of Madras " substitute " Central Government ".

.tor section W substitute—

" Dmiolntlrjn of Oommltte*.

9. .(l) The Central Government may, by notification in the Official Gazette, declare the Goirunittoo to bo dissolved, and on the date of the publication of such notification tho Committee shall stand dissolved and this Act shall be deemed to be repealed.

(2) When the Committee is dissolved, either under this section or by the expiry of this Act, the unexpended balance of fees received by the Committeo under this Act shall lapse to the Central Govern- ment."

Section 10.—For " Government " substitute " the Central Govern-

ment ".

Chapter IA shall cease to have effect. Section 11.—For "outside India" substitute "outside India and

Burma".

flb

Seotion 12.—In subsection (1) omit "in the case of exports from British India excluding Burma, or the Authority in the oaso of exports from Burma " ; and in subsection (2) omit " or the Authority, as the oase may be ".

Section 13.—Omit subsection (3). Section 14.—In subsection (1) omit " for estates in British India oxclud- ing Burma " and " and for estates in Burma by the Authority ".

For subsection (2) substitute—

"(2) The total of all export quotas" for any financial year shall not exceed the Indian Overseas Export Allotment for that year."

Sootion 16.—In subsection (2) omit " or, if the estate is in Burma, of the Authority "; and omit the proviso.

Seotion 10 In eubsootion (1) omit "or, if such estate is in Burma, to the Authority "; in subsection (2) omit " or Authority, as the case may be "; and in the proviso to subsection (3) omit " or the Authority ".

Section 17,—In subsection (X) omit "or, in Burma, to the Authority" and " or Authority, as the ease may be ".

Seotion 18.—In subsection (1) omit "and the Authority", " oach " and " or the Authority ".

Section 19.—In subsection (2) omit "or," in Uu< o.aso of tea shipped or waterborne to be shipped for export from Burma, by the Authority"; and in subsection (3) omit " or, in the oase of tea produced in Burma, by the Authority ".

Seotion 20.—In subsection (1) omit " or in Burma, the Authority "; and in subseotion (2) omit " or the Authority, as the case may be ".

Seotion 21.—In subsection (1) omit "or the Authority"; and in sub- section (2) omit " and tho Authority ", and for " them " substitute " it ".

Section 26.—For " Govornor Gonoral in Council " substitute " Com- mittee ".

The reference to the Gazette of India shall stand unmodified. Section 29.—-In subsection (1) omit "or, in Burma, the Authority "; and in subsection (2) omit " or, in Burma, any person authorised by the Authority in this behalf ".

Section 32.-—Omit " or any person authorised by the Authority " and " or by a person authorised by the Authority "; and for " such member, officer or person " substitute " such mombor or officer ".

Seotion 36.—In aubseotion (1) omit " or, in Burma, by the Authority", and for " the Local Government " substitute " the Central Government, in the oase of the offence of furnishing a false return under subsection (1) of sootion 20 or the Provincial (,overnment in any other case "; and in subseotion (2) omit " or, in Burma, the Authority ".

The Indian Medical Council Act, 1933, (XXVII of 1933.)

Section 2.-—For clause (a) substitute—

" (a) ' British Indian University ' means any university in British India

established by an Indian law and having a medical faculty ".

In clauses (e) and (/) for " a Local Legislature " substitute " a Local or Provincial Legislature ".

Section 3.—In subseotion (1) for "the Local Government of the Provineo " substitute " the Contral Government "; omit " and in the case of the University of Rangoon, the Council ", and " or, in the oase of the University of Rangoon, the members of the Board of Studies in Jtedioine "• ftnd for " three members " substitute " four members ",

Section 4.—For " Locai Government " substitute " Central Govern: intent " and omit " subjeot to any instructions the Governor-General in Council may issue in this behalf".

Section 11.—Omit " Rangoon ".

The Khaddar (Name Protection) Act, 1934.

(VIH of 1934.)

For " Local Government " substitute " Central Ooverninent ".

The Indian States (Protection) Act, 1934.

(XI of 1934.)

Section 3.—Omit the words from " and any pother which might " to

the end of the section.

Section 7.—For " the Governor General in Council or the Local Govern- ment " substitute " the Central Government, if the offence ia committed outside British India, and the Provincial Government in other caaes ".

The Sugar (Excise Duty) Act, 1934,

(XIV of 1934.)

Section 6.—For " Local Government " substitute " Central Govern-

ment ".

Sootion 11.—For "officers of Government " substitute "officers of the

Crown " and omit subsection (4).

The Sugar-Cane Act, 1934.

(XV of 1934.)

Section 3.—-Omit "Subject to the control of the Governor General in

Council ".

Section 8.—For " Governor General in Council " substitute " Provincial

Government ".

The Matches (Excise Duty) Act, 1934.

(XVI of 1934.)

Section 6.—-For " Local Government " substitute " Central Govern*

ment ".

Seotion 18.—Omit subsection (4). Omit seotion 21.

The Indian Dock Labourers Act, 1934.

(XIX of 1934.)

Throughout the Aot for '• Looal Government " substitute " Central

Government ".

Section 6,—Omit " Subject to the control of the Governor General in

Counoil ".

Seotinn 7.—For " tho Gazette of India and the Local Official Gazette,

respectively " substitute " the Offloial Gazette ".

The MecJumical Lighters (Excise Duty) Act, 1934.

(XXIII of 1934.)

Seotion 5.—-For " Local Government " substitute " Central Govern,

ment ".

Seotion 16.—Omit subsection (4).

98 A.

the factories Act, 1934.

(XXV of 1934.)

Section, 3.—In clause (a) omit " exoluding Burma," and omit clause (6). Section 8,-—For " Governor General in Council " substitute " Provincial Government ".

Section 11.—For " in the employment of Government" substitute "in

the aervioe of the Crown ".

Sections 33 and 77,—-For "Governor General in Council " substitute " Provincial Government ".

Omit seotion 78. Sootion 79.—Omit " the Gazette of India o r" and " as the case may

b e ".

The Indian Rubber Control Act, 1934. (XXVIII of 1934.)

Throughout the Act for " Rubber Licensing Resolutions " substitute " Rubber Licensing Resolution ".

Section 2.—-For clause (a) substitute—

" (a) ' Committee ' means the Indian Rubber Licensing Committee con- stituted under this Act."

In clause (ft) for " outside India " substitute " outside India and Burma "; in clause (i) for " Governor General in Counoil " substitute " Committee " and in clause {j) for "the Resolutions" substitute "the Resolution" and for " Notifications Nos. 39 and 40 " substitute " Notifi- cation No. 39 ".

Seotion 3.—-For subsection (1) substitute—•

" (1) The Central Government shall oonetituto a Committee to be called the Indian Rubber Licensing Committee."

In subseotion (2).—-For olauso (ft) substitute—

" (6) ono member to be nominated by the Central Government to represent tho Province* of Madras."

Omit subseotion (3) ; m aub^ction (4) omit " or the Burma Rubber Lioensing Committee"; for "the Jaid Resolutions" substitute "the said Resolution " ; omit " or Hiihseotiou (3) ", and in subsection (fi) for " each Committee " substitute " the Committee ".

Seotion 5.—For " Committees " substitute " Committee ". Section 8.---For " Eaoh Committee" substitute "The Committee". Section 9.-—In subsection (1) for "one or both of the Committees" substitute " the Committee"; omit " or Committees, as the case may be " and omit " if both Committees aro dissolved ".

In subseotion (2) for "either" substitute " t h e" and for " Govern -

inont " substitute " the Contral Government ".

Section 12.—Tn subsection (1) for "in India" substitute "in India or Burma ", and omit from "in the case of exports from British India " to the end of the subsection ; in .subjection (2) for "than India" substitute " Lhan Tndia and Burma ", und omit from " in the case of re-exports from British India " to the end of tho section.

Soation 13.—Omit " excluding Burma " and the words from " and a Burma export " to " similarly expressed ".

Seotion 14. -Ornit " or by the Burma Rubber Licensing Committee " and " or the Burma export allotment, as the oase may bo ".

Section 15.—-Omit " excluding Burma ", " or if, in any year, the net exports of rubber from Burma exooed the Burma export allotment for that year ", " or if, in any year, the net exports of rubber from Burma

ate leaa than the Burma export allotment for that year *', and " in reapeot of British India exoluding Burma and in respect of Burma respectively ".

Section 18.—After "oxport" insert "from British India " ; after "British India" insert "or British Burma" and after " outsido India" inaert " and Burma ",

Section l'J.—In subjection (2) after " India " insert " and Burma ". Section 23.—For " Committees " substitute " Committee ". Section 24. -Tn clause (h) after " oxport " insert " from British India ", and afler " British India " insert " or British Burma from a place outside India and Burma ".

Section 27.—-Omit subsection (2) ; in subsection (3) omit " other than Burma ", and for " Governor General in Council " substitute " Com- mittee " ; and the reference 1° the Gazette of India shall stand unmodified.

Section 32,—After " uutaido India " insert " and Burma ". Section 34.—Omit " oxoluding Burma and in Burma ". Section 44,—For " Local Government " substitute " Central Government

in the case of offences under sections 38 and 4], and in the case of offences under section 39 arising from false roturns under subsection (1) of section 21 or subsection (1) of section 34, and of the Provincial Government in other cases ",

The Petroleum Act, 1934.

(XXX of 1934.)

Section 5.— Omit subsection (3). Section 25.—For "Local Government " substitute "Central Govern-

ment ",

Section 28,—In subsection (3) omit

Section 29.—In subsection (3) omit " and in the looal official Gazette ".

The Indian Tariff Act, 1934. (XXXii of 1934.) Section 1.—Omit " except the Chief Commissionership of Aden ". Section fl.—Omit " or the Local Government ". The First Schedule.-—In Item 26 (2) for " Government of Bengal "

substitute " Central Government ".

The Indian Coffee Cent) Act, 1935.

(XIV of 1935.)

Section 1.—Omit " except Burma ". Section 3.-—Omit "or to Burma ". Section 4.—In subsection (1), in clause (i) for "nominated respectively by thoso Governments " substitute " nominated, in tho oase of the States ' Representatives, by the Government of the State concornod, and in the other cases, by the Central Government ", and in clause (ii) for " the Local Governments of " substitute " Ihe Central Government to represent ",

The Payment of Wages Act, 1936.

(IV of 1936.)

Sootion 2.-—In paragraph (vi) (a) leave out " Governor-General in Council

or ".

Section fi.—For " Governor-General in Council " substitute " Provincial

Government ".

Section 1.-—In subsection (2) (e) omit " Governor-General in Council

or ".

Seotion 11.— Omit "tho Governor-General in Council or".

Section 14.—-For " Governor-General in Council '* substitute " Provincial Government ".

Seotion 17,—Omit " or in Rangoon ". For seotion 24 substitute—

''Application of Act to Fodoml Hallways, mines " al ollttolda.

24. The powers by thia Act conferred upon the Provincial Govern- ment shall, in relation to Federal railways (within the meaning of tho Government of India Act, 1935) mines and oilfields, be powers of the Central Government."

Seotion 26.—-In subsection (1) for " Governor-General in Council " sub- stitute " Provincial Government " and in subsection (2) omit " subject to the control of the Governor-General in Council ".

TIis Cochin Port Act, 1036. (VI of 1936.)

This Act shall ooase to have effect.

The Geneva Convention ImplRmentiny Act, 1936. (XIV of 1936.)

Section 5.—Omit " or the Local Government ".

THE CODES. The Indian Penal Code,

(XLV of 1860.)

Section 1.—For the words from " the whole of the territories " to the end of the seotion substitute " British India ".

Section 2.—For "the said territories" substitute "British India". Soction 3.—For " law passed by the Governor-General in Council " substitute " Indian law "; and for " the limits of the said territories " and " the said 1-orritoriea " aubstitute " British India ".

Section 6.—For " the said territories " substitute " British India ". Section 14.—For the words from " the said Statute " to the end of the sootion substitute " the Government of India Act, 1935 or by or under the authority of any Government in British India or of the Crown Repre- sentative ".

Omit sections 15, 1fland 18. In section 21 : in clause second for " the Government of India or any Government" substitute " any Government in British India or the Crown Representative"; and in clauses eighth and ninth for " Govern- ment " substitute " tho Crown ".

Seotion 54.—For " the Government of India or the Government of the placo " substituto " the Central Government or the Provincial Government of the Provinoo ".

Section 55.—-For " tho Government of India or the Government of the place " substitute " the Provincial Government of the Province ".

After section 55 insert :—-

" Saving for Iloyal preioaatlvo.

56A. Nothing in section fifty-four or seotion fifty-fivo shall derogate from tho right of His Majesty, or of the Governor-General if any such right is delegated to him by His Majesty, to grant pardons, re- prieves, respites or remissions of punishinont."

Section 75.—In clause (6) for the words from '' in the territories " to " Local Government " substitute " in any Indian State acting under the general or special authority of the Central Government or of the Crown Representative ".

Section 121A.—After the second " British India " insert " of British Burma " and for " the Uovernment of India or any Looal Government " substitute " the Contral Government or any Provincial Government or the Government of Burma ".

Seotion 124.—For " Presidency", whore it, first occurs, substitute " Province " and omit " or a Lieutenant-Governor", " Lieutenant- Govornor " and " or of the Council of any Presidency ".

Section 124A.—Aftor " Her Majesty " insert " or the Crown Representa-

tive " and after " British India " insert " or British Burma ".

Section 141.-—For " the Legislative or ExocutiVe Government of India or the Government of any Presidency or any Lie!]tenant-Governor " sub- stitute " the Central or any Provincial Government or Legislature ".

Sections 161, 102 and 163.—For "with the Legislative or Executive Government of India or the Government of any Presidency or with any Lieutenant-Governor " substitute " with the Central or any Provincial Government or Legislature ".

Seotion 271.—For " by tho Govornor of India or by any Government "

substitute " by the Central or any Provincial Government or tho Crown Representative ".

Seotion 294A.—For "not authorised by Government" substitute "not being a State lottery or a lottery authorised by the Provincial Govern- ment ".

The Code of Criminal Prowdvrr, 1808. (V of 1808.)

Seotion 4.—In clause (j) of subsection (1) oniit "Rangoon"; and for

" Governor-General in Council " substitute " Provincial Government ".

Seotion 25.-—Omit froin " the Governor-General " (where those words

first ooour) to " the Governor-General and ".

Omit aeotions 20 and 27. Seotion 30.—Leave out " and Burma ". Section 45.—In subsection (]) for " Governmont" substitute "the Crown", and in olauso (ii) of subsection (2) for "the Governor-General in Counoil" substitute " the Central Govommont or the Crown Repre- sentative ".

Section 72.—For " Government " substitute " Crown ". Sections 88 and 89.—For " Government " substitute " tho Provincial

Government ".

Section 108.-—Omit " tho Governor-General in Council or ", and for

"by the Governor-General in Council" substitute " by the Provincial Government ".

Section 178.-—After "Act, JOlfi" insert "or section 224 of the Govern-

ment of India Act, 1935 ".

Section 194.—After " Act, 1915 " insert " or tho Government of India Aot, 1935 "; omit " tho Governor-General in Council or " and for " shall belong to the Government of India " substitute " shall form part of the revenues of tho Province ".

Sections 196 and 196A.—For " the Govern or-General in Counoil, the Local Government or some officer empowered by the Governor-Gen oral in Council" substitute "the Provincial Government or some officer empowered by the Provincial Government ".

Seotion 197.—In subsection (1) for "previous sanction of the Local

Government " substitute " previous sanction—

(a) in the case of a person employed in conneotion with tho affairs of the Federation, of the Governor General exercising his indivi- dual judgment ; and

(6) in .the case of a person employed in connection with the affairs of a Province, of the Governor of that Province exercising his individual judgment."

In subsection (2) for " Such Governmont " substitute " The Governor General or Governor, as tho oaso may bo, oxorcising his individual judg- ment ".

After subseotion (2) insert—

" (3) In relation to the period elapsing between the commencement of Part i ll of the Govornment of India Aot, 1935, and the establish- ment of the Federation, tho references in this section to the Federation and to the Governor General oxoroising his individual judgment shall be construed aa references to the Governor General in Council."

Section 266.—For the words from " m o a n s" to "Gazette of I n d i a" substitute " means a High Court within the meaning of the Government of India Act, 1935, and includes suoh other courts as (ho Provincial Government may by notification in the Official Gazette ".

Section 267.—After " Act, 1915 " insert " or the G> eminent of Tnditi Aot, 1935 ".

Seotion 313.—For subsection (4) substitute—

" (4) The Provincial Government may exempt any salaried servant of tho Crown from serving as a juror." Section 320.—For clause (aa) substitute—

" (aa) members of any Legislature in British India ; " Section 329.—For " Government " substitute " Crown ".

Keotion 335.—In subsection (1) for tho words from "Governor-General" to " other High Courts " substitute " Provincial Government ", and in subsection (2) omit " in the enf>e of the nigh Court at Fort William with the consent of the Governor-General in Council and in all other cases ".

Section 401.—In subsections (1), (2) and (3) omit " the Governor- Genoral in Council or "; in subsections (2) and (!)) omit " as tho case may be ", and in subsection (fi) omit " Governor-General in Council and the ".

Section 402.—Omit " Governor-General in Council or the ".

After section 402 insert—

" Sontonoea of death.

402A. The powers conforred by sections 401 and 402 upon the Provincial Government may, in the case of sentences of death, also bo exercised by the Govornor-General in his discretion."

Omit sootion 448.

Seotion 491.—In clause (rf) of subseotion (1) omit from "acting u n d e r" to " Governor-General in Council ".

Section 492.—Omit " Governor-General in Council or the ".

Seotion 503.—In subsection (2) for " the territories of emy Prince or Chief in India " substitute " any Indian State or tiibal area " and for " British Indian Govommont" substitute " tho Central Government or the Grown Representative ".

Section 524.—For " Government " substitute " Provincial Govern- ment ".

Section 627.- -For " Governor General in Council" substitute " P r o- vincial Government ", and at the end of subsection (1), insert—

" Providod that no case or appeal shall be transferred to a High Court or other Court in another Province without tho consent of the Provincial Government of that Province."

Seotion 528r>.—For " the Governor-General in Council or the Indian Legislature " substitute " the Central Legislature ".

Section 554.—In subsection (1) for the words from tho beginning to " a ny other High C o u r t" substitute " W i th the provious sanction of the Provincial Government, any High Coiirt ".

Section 555.—For " section 107 of tho Government of India Aot, 1915," substitute " section 224 of the Government of India Aot, 1935 ".

Section 558.-—For " the High Courts established by Royal Charter " substitute " the courts which are High Courts for the purposes of tho Government of India Act, 1935 ".

Section r>6f>.—For " the territories of any Prince or State in India acting under the general or special authority of the Governor-General in Council or of any Local Government " substitute " any Indian State acting under the general or ejjecial authority of the Central Government or of the Crown Representative ".

The Code of Civil Procedure, 1008. (V of 1008.)

Section 2.—In paragraph (6) for " the Governor-General in Council " substitute " the Central Government or the Crown Representative "; and in clauses (e), (/), (g) and (h) of paragraph (17) for "the Government" sub- stitute " tho Crown ".

Section ]0.—For "the Governor-Cenoral in Council" substitute "the

Central Government or the Crown Representative ".

Section 25.—In subsection (1) for " Governor General in Council " sub-

stitute " Provincial Government ", and at the end of the subsection insert—

" Provided that no suit, appeal or proceeding shall be transferred to a High Court without the consent of the Provincial Government of the Province in which that High Court hns its principal seat."

Section 29.—For the proviso substitute " Provided that the Courts issuing such summonses havo been established or continued by the authority of the Central Government or of tho Crown Representative, or that the Pro. vincial Government by whose Courts a Hummons in to be served has by notification in the Official Gazette declared the provisions of this section to apply to Courts of the Province."

Section 43.—-For "the Govornor-Genoral in Counoil " substitute " t he

Central Government or the Crown Representative ".

For seotion 44 substitute :—

" Execution of decrees panted by Courto of Native 6tnto".

44. Tho Provincial Government may by notification in the Official Gazette declare that the docroes of any Civil or Revenue Courts in any Indian State, not being Courts established or continued by the authority of tho Central Governmont or of the Crown Representative, or any olass of such docrees, may be exoouted in the Province as if they had been passod by Courts of British India."

For section 45 substitute :—

Execution of

decrees in foreign territory.

45. So much of tho foregoing sections of this Part as empowers a Court to send ft decroe for execution to another Court shall be con- strued as ompowering a Court in any Province to send a decree for exeoution to any Court established or continued by the authority of the Central Government or of the Crown Representative in the terri- tories of any foroign Priuco or State to which the Provincial Gov- ernment has by notification in the Official Gazette declared thia section to apply."

Seotion 54.—For " the Government " substitute " the Crown ". Section 60.—In clause (g) of the proviso to subsection (1) for " pen- sioners of tho Government " substitute "pensioners of the Crown " and for "the Governor-General in Counoil " substitute "tho Central Government or the Provincial Government ", in clause (j) of the said proviso for "Indian Artiolefl of W a r" substitute "Indian Army Act, 1011, or the Burma Army Act " and in clause (o) of the said proviso for " any law passed under the Tndinn Councils Acts, 1861 and 1802" substitute "any Indian law ".

Seotion 73.—In subsection (3) for " the Government " substitute ' the

Crown ".

Section 78.—-In clause (a) for " the Governor-General in Counoil " sub-

stitute " tho Central Government or of the Crown Representative ".

In the hoading above Roution 79 for " tho Government " substitute " th*j

Crown".

For section 79 substitute :—

¹¹ 8ult" by or

Government.

70. Subject to the provisions of sections 179 and 185 of the Govern- ment of India Act, 193fi, in a suit by or against the Crown the autho- rity to be namoel aa plaintiff or defendant, as the case may be, shall be—

(a) in. the oase of a suit by or against the Central Government, tho Governor-Gonoral in Council before the establishment of the Federation of India, and thereafter, the Federation ; (6) in the oase of a Huit by or against a Provincial Government,

the Province ; and

(o) in the oase of a suit by or against the Crown Representative,

the Secretary of State."

Soction 80.—For " t he Secretary of State for India in Council" sub- stitute " t he Crown", and for the words from " in the oase of the Secre- tary of State" to "Collector of the District" substitute "delivered to, or left at the office of—

(a) in the oaae of a suit against the Central Government, a Seoretary

to that Government ;

(6) in the oase of a suit against the Crown Representative, the Politioal

Secretary ;

(c) in the oaso of a suit against a Provincial Government, a Secrotary

to that Government or the Collector of the District, and

(d) in the oase of a suit, against the Sooretary of State, a Secretary to the Central Government, tho Political Seoretary and a Secre- tary to the Provincial Government of the Province where the suit is instituted."

Section 82.—For " t he Seoretary of State for India in Council " substi- tute " the Crown ".

In the hoading above section 83 for " Foreign and Native Rulers " sub- stitute " Foreign Rulers and Rulers of Indian States ".

Section 80.—After subsection (1) insert—•

" Explanation.—-For the purposes of this subsection the expression " the Government " means—

(a) in the case of any Indian State, the Crown Representative ; and

(b) in any other cose, the Central Government."

Section 88.—In subsection (1) for the words from "with the consent " to " Government of India " substitute " in the oaso of the Ruling Chief of an Indian State with tho consent of the Crown Representative, certified by the signature of the political secretary, and in any othor oase with the consent of the Central Govoniment, cortifiod by tho signature of a secretary to that Government ".

In subsection (2) for " the Government " substitute " the oonaenting authority ".

In subsection (3) for " the consent of the Govornor-General in Council " substitute " such consent as is mentioned in subsection (1) ".

For subseotion (4) substitute—

" (4) the Cetitral Government or tho Crown Representative, as the case may bo, may by notification in the Gazette of India authorise a Provincial Government and any secretary to that Government to exorcise with respect to any Prince, Chief, ambassador or envoy namod in the notitioation the funofriom assigned by the foregoing subsections to the consenting authority and a certifying officer respectively."

Seotion 87.- -For " the Governor-General in Council or the Local Govern- ment " substitute " the Central Government, the Crown Representative or the Provincial Government ".

Section 111.- -lA>r " established under tho Indian High Courts Act, 1861, or Mio Government o± India Act, J915" substitute " constituted by Hiti Majesty by Letters Patent ".

After seotion J11 insert—'

"AppealB to FeCLera' Court.

111A.—Whuro u certificate has been given under section 205 (1) of tho Government of India Act, 1935, the three last preceding sections shall apply in rotation to appoala to tho Federal Court as they apply in relation to appeals to ITLs Majesty in Council, and accordingly re- ferences to Ilia Majesty shall be construed as references to the Foderfil Court :

Provided that

(a) no much of tho said xoctionu u" delimits tho canes in which an appeal will lie shall bo uonstrnod na dnlitniting tho cashes in which an appeal will lk< without the leave of the Federal Court otherwise than on the ground that a substantial ques- tion of law as to tho interpretation of the said Act, or any Order in Council made thereunder, has been wrongly decided ;

(6) in determining under clause (c) of Hoction ] 00 whether the case is a fit one for appeal, and, under poction 110, whether the appeal involvoa a substantial question of law, any question of law oa to the interpretation of the said Act, or any Order in Council made thoreunder, shall be loft out of acoount,"

Sections 116 and 122.- -For " established under the Indian High Courts Act, 1861, or the Government of India Act, 1915" substitute "constituted by His Majosty by Letters Patont ".

flection 123.—For " by the Governor-General in Council or by tho Local Government, as the case may be," substitute "by the Provincial Govern- ment ".

Seotion 125.—-For " in the caso of the Court of the Judicial Coniminsioiier of Coorg, tho Governor-General in Council and in other easfib the Local Government" substitute "tho Provincinl Government".

For section 120 substitute—-

" KUIBB to b" subject to approval.

126. Ttulos made under the foregoing provisions shall be subject t'> the previous approval of the Government of the Provinco in which the Court whose procedure tho rules regulate is situate or. if that Court is not situate in any Province, to tho previous approval of the Governor- General."

Section 129.--For "established under the Indian High Courts Act, ]861, or tho Government of India Act, 1915 "substitute "constituted bv His Maiesty by Letters Patent ".

For section 130 substitute—

" Powers of other High Court* to make rulna as to mattere other than procedure.

130. A High Court not constituted by His Majesty by Letters Patent may, with the previous approval of the Provincial Government, make with respect to any matter other than procedure any rule which a High Court HO constituted might under section 224 of the Government of India Act, 1935, make with respect to any such matter for any part of tho territories under its jurisdiction which is not included within the limits of a Presidenoy-town."

Section 13BA.—For clause (a) substitute—

" (a) if he is a member of u unicameral Legislature or of either Chamber of a bicameral Legislature constituted under tho Govornment of India Act, 1935, during the continuance of any meeting of such Legislature or Chamber ''.

24 A

til clause (b) for "Chamber of Council" substitute ''Legislature or

Oh amber ".

For clause (o) substitute—

" (o) if he is a momber of either Chambor of uuoh a bicameral

Legislature, duriug the continuance of a joint sitting, meoting, oon- ferenoo or joint committee of the Chambers of that Legislature"

Section 136,-—Omit " or of the Ohiof Court of Lower Burma " and for

" Bombay or ^Rangoon " substitute " or Bombay ".

Schedule I, Order V.-—In rule 22 for " Bombay and Rangoon " substitute

"and Bombay ".

lu rule 26, in clause (n), for " the Governor-General in Counoil " sub- stitut-e " tbo Central Government or tJio Crown Representative "; and in clause (b) for " the Governor-General in Council " substitute "the Pro- vincial Government " and foip tho words " issued by a Court undor this Code '' substitute " issued under thin Oodo by a Court of the Province ".

Ordor XXI.—in rule 4 for "Bombay or ^Rangoon " substitute "or

Bombay ".

In rulo 48, in Hiib-rulo (I) for " tho Government may by notification in tho (jazetto of India or in the Local OJucial Gassotte, as the CUHO may be," substitute " thn Central Government or Iho Provincial Government may by notification in their Official Ga/.etto ''; in Hub-rule (2) for " tho Govern- ment " substitute " the Central Government or tho Provincial Government, aa tho case may bo "; and in sub-rule (3) for " the Government " substitute "the Central Government or tho Provincial Government".

In Ordor XXVI in rules 4 and 8, for " any civil or military officer of

the Government " substitute " any person in the service of the Crown ",

In rulo 21 omit " the High Court is established under the Indian High Courts Act, 18fil, or tho Government of India Act, 1915, a n d" and for " its ordinary original civil jurisdiction " substitute " the ordinary original civil jurisdiction of the High Court ".

Order XXVII..—In the heading for "the Government" substitute

" the Crown ".

In rule 1.—-For " the Sooretary of State for Iudia in Counoil " and for " the Government " substitute " tho Crown ".

In rule 2.-—-For "the Government " substituto "the Crown". In rule 3.---For "against the Secretary of Stato for India in Counoil" substitute " against tho Crown " and fur " the words ' tho Secretary of State for India in Council ' " anhstitute "the appropriate name as pro- vided in section 79, or, if tho suit is against the Secretary of Stato, the words ' the Secretary of Stato ' ".

For rule 4 substitute—

" 4. Tho Crown pleader in any court shall be tho agent of the Crown for the purpose of receiving processes against the Crown issued by such court,"

In rule (5 for "the Secretary of State for India in Council" and "the said Secretary of State for Tndia in Council " substitute " the Crown ", for "with the Government " substitute "with the Crown" and for " Government ploader " substitute " Crown ploader ".

In rule (i for " Government pleader " substituto " Crown pleader " and for " tho Secretary of Stato lor India in Counoil " substitute " the Crown ".

In rulo 7 for "the Government" substituto "the Crown". In rule 8 for " tbo Government" and "the Govornment pleader" substitute " the Crown " and " tho Crown pleader ",

THF, (iA^KT'T^ Oh¹ JN OTA .TCXT.K.AOB.DJNAJiY, A t B lL J, Ifl37. 189

After nile 8 insert—

" HA. NO such security HH is mentioned iii rules 6 and (i of Order X ) JL shall bo required froi/i the Crown or, where tho Crown han under- taken the defence of the suit, from any public officer sued in renpect of an not alleged to bo done by him in hiw official capacity.

HB. In thin Order " C r o w n" and "Crown pleader" mean

respectively—

(a) in relation to imy tsuil by or against t)io Scerntnry of 8tnlo or tho Central Government, or against a public officer in tlje service of that Government, the Central Government mid Mich plunder an tlin|. Government mny appoint whether goiierully or Rpecitilly for tho purposes of tliia Order ;

(b) in relation to uny suit by or against the Crown Represonta- livo, or against a public officer employed in connection with tho exercise of the functions of the Crown in its relations with Indian Stales, the Crown Representative and such pleader as he may appoint, wholher generally or Specially, for tho piirpoeos of this Order ; nnd

(c) in relation to any suit by, or against ft Provincial ^Government or against a publio officer in tho service of a Province, the Provincial Government and the Government pleader, or such other pleader as the Provincial Government may appoint, whether genorally or specially, for the purposes of this Ordor."

Order XXVIIl.^—In rule 1 for " serving the Government " substitute

" serving under the Crown ".

Order XXXII.—-In rule 10 for " t he Governor-General in Counoil or a Local Government" substitute " tho Central Government, or the Crown .Representative, or a Provincial Government ".

Order X X X I I I , — In rules 10, 12, 13 and 15 for " Government " sub-

stitute " Provincial Government ".

Order XXXVII.—In rule 1 omit clause (b).

Order XL).—Omit rule 7.

Order XLV,—In subrulo (3) of rule 16 omit " by the Seoretary of State for India in Counoil with tho concurrence of the Lords Commissioners of His Majesty's Treasury ".

After riJo 10 insert—

" Appoftls to Federal Court 17. Whoro a certificate has been given under seotion 206 (1) of tho Government of India Act, 1035, the provisions of thiH Order shall apply in relation to appeals to the 1'ederal Court as they apply in rela- tion to appeals to His Majesty in Counoil and references in this Order to His Majosty in Council and to any Order of His Majesty in Council shall be construed as references to the Federal Court and tho rules of the Federal Court:—

Provided that

(a) rule 3 of this Order shall have effect as if at the end of sub- rule (1) thereof there were inserted the words " apart from any question of law as to the interpretation of the Govern- ment of India Aot, 1935, or any Order in Council made thereunder ";

(fc) where the only ground of appeal stated in the petition is that any question of law as to the interpretation of the Govern- ment of India Act, ] 935, or any Order in Council made thore- \inder has been -wrongly decided, tho petition need not pray for auoh a certificate as in mentioned in rule 3, and the like proceedings shall bo had thoreon as if such n certifi- cate had been given except that no security shall be required for the oosts of tho respondent."

Appendix A to Schedule I.—Under heading (2) (wliioh relates to tho " description of parties in particular cases ") for " tho Secretary of Stato for India in Council " substitute " the Beoi'etary of State or tho .Federation of India or the Proviu.cn of , an tho cafle may be ".

Appendix E to fiohodulo ].—In tho heading to Form 21, for " otneer of (iovernment " substitute " public officer ".

Schedule III.-—In sub-paragraph (2) of paragraph 9 for " the Govern- ment " substitute " the Crown ".

SCHEDULE n.

MADBJLS ACTS.

The Madras Revenue Recovery Act, 1884.

(Madras II of 1864.)

Throughout the Aot for " Government" substitute " the Provinoial

Government ".

The Madras District Limits Act, 1865.

(Madras I of 1865.)

Section 1.—Omit " of Fort St. George " and " in any part of the

Provinces subject to his control ".

The Madras Irrigation Cess Act, 1865.

(Madras VII of 1865.)

Section L—For tho first " Government " substitute " or on behalf of the Crown "; for tho second and third " Government " substitute " Pro- vincial Government " and for tho fourth " Government " substitute " the Crown ".

Section 1A.—For " Government " substitute " Provinoial Government ".

The Madras Cattle Disease Act, 1866.

(Madras II of 1866.)

Section 17.—For the words from " the cattle-pound fund " to " of

this Aot " substitute " tho revenues of the Province ".

The Madras Enfranchised Inama Act, 1866.

(Madraa IV of 1866.)

Section 1.—For the second " Government " substitute " the Provincial

Government".

The Madras City Land-Revenue (Amendment) Act, 1867.

(Madras VI of 1867.)

Seotion 28.—For " Government " substitute " the Provinoial Govern-

ment ".

The Madraa Wild Elepiiants Preservation Act, 1878.

(Madras I of 1873.)

Sections 3 and 3A.—For " of Government " substitute " of the Crown ". Sections 4 and 7.—-For " the Government " substitute " the Crown ".

The Madras Municipal Police Act, 1878.

(Madras VII of 1878.)

Throughout the Aot for " Government " and " the Government " sub-

stitute " the Provinoial Government ",

The Madras Forest Act, 1882.

(Madras V of 1882.)

Section 1.—Omit " for the time being ".

Section 2.—For " Governor of Fort St. George in Counoil " substitute " Provincial Government ".

Section 24.—Omit " subject to the oontrol of the Governor-General in Council ".

After section 85 insert—

" Powor of Central Government as to raovcmcntB of timber acroflu frontlem.

35A.—Notwithstanding anything in section 35, the Contral Govern- ment may make rules to prescribe tlio route by which alone timber may be imported and exported across any customs frontier as defined by the Central Government and any rulop made under section 35 shall have effect subject to the rules made under this section."

Section 36.—For " Government " substitute " Central or, as the case may be, Provincial Government ".

Sections 41 and 44.—For " Government " substitute " the Crown ". Kection 48.—For " Government " substitute " Crown for the purposes) of tho Province ",

Sections 60 and 66.—For " Government " substitute " Crown ".

Omit section 62.

Section 63.—For " Government " substitute " the Crown ".

The Madras Rivera Conservancy Act, 1884.

(Madras VI of 1884.)

Section 6.—Omit from " Such officers " to the end of the section.

TJw Madras Outports Landing and Shipping Fees Act, 1885.

(Madras III of 1886.)

Section 3.—At the end of the section insert—

" (6) ' Govomment ' or ' tho Government ' means, in relation to u, port which is a major port within the meaning of the Tudian Ports Act, 1908, tho Central Government and, in relation to any other port, the Provincial Government ". Sections 4, 7 and 9.—-For " Governor in Council " Hiibwiitiitu " Govern - ment ".

The Madras Ablcari Act, 1886.

(Madras I of 1880.)

Section 3.—For clauses (15) and (16) substitute—

" (15) ' import' (oxoopt in the phrase ' import into British India ') means to bring into the Province, otherwise than across a customs frontier aa defined by the Central Government;

(16) ' export ' meana to take out of the Province, otherwiso than across a customs frontier as denned by the Central Government; ".

In clause (17) for "Madras Presidency" substituto "Province".

After olauae (21) insert—

" (22) ' excise duty ' and ' countervailing duty ' mean any such excise duty or countervailing duty, as the oaso may be, as is men- tioned in Item 40 of List II in the Soventh Schedule to the Govern- ment of India Act, 1936 ;

(23) ' excisable article ' means—•

(a) any alcoholic liquor for human consumption ; or (6) any intoxioating drug ; or (c) any mediainal or toilet preparation containing alcohol."

Beotion 10.—Omit " for the whole Presidency ". Beotion 13A.—For " throughout the whole Presidency" substitute

" generally ".

Section 15.—For " Government " substitute " Provincial Government ". Section 17.-—For " A duty " substitute " An exoise duty or counter- vailing duty " ; for " liquor and intoxicating druga " substitute " excisable articles " and omit tho proviso.

After section 23 insert—

23A (1) Until provision to the contrary is made by the Central Legislature, the Provincial Government may oontinue to levy any duty to which this section applies -which it was lawfully levying immedi- ately before tho commencement of Part III of the Government of India Act, 1935, under this Chapter as then in force.

" Saving Tor

duties being

levied "t

common cement

o f P H t n i of

Government of

India Act, 1086.

(2) The duties to which this section applies aro—

(a) any duty on any liquor or intoxicating drugs other than

excisable articles within the meaning of this Act ; and

(b) any duty on an excisable article produced outside India and imported into the Provinoe, whether across a customs frontier as defined by the Central Government or not.

(3) Nothing in this section shall authorise the levy of any duty which, as between goods manufactured or produced in the Province and similar goods not so manufactured or produced, discriminates in favour of the former or which, in the case of goods manufactured or produced outside the Province, discriminates between goods manu- facturod or produoed in one locality, and similar goods manufactured or produoed in another locality,"

Beotion 28.—-For " Government " substitute " the Provincial Govern-

ment ".

Section 29.—-For " the Government " substitute " the Provincial Govern-

ment ".

Beotion 38.—For " by Government " substitute " under the Crown ". Sootion 71.—yot " throughout the Presidency " substitute " generally ". Section 72.—For " Secretary of State for India in Council " substitute

" Crown ".

The BaMway Protection Act, 1886.

(Madras IV of 1886.)

Beotion 1.—Omit " for the time being ", but otherwise the section Bhal]

stand unmodified.

Seotion 2.—At the end insert-—

" Safety Controlling Authority " has the same meaning aa in the

Indian Railways Act, 1800.

as

Section 9.—For " Governor in Council " substitute " Safety Controlling

Authority ".

Seotion 20.—For " Govornor in Council " substitute " Safety Con- trolling Authority " and for " Fort St. George Gazette " substitute " Pro- vincial Official Gazette ", but save as aforesaid the section shall stand unmodified.

The Madras City Police Act, 1888.

(Madras III of 1888.) Section 3.—At the end of the section insert—

" ' subordinate ranks ' means the ranks inferior to that of Assistant Commissioner."

Seotion 5.—In the first paragraph omit the words from " who shall " to " same authority ".

Seotion 6.— Omit the second sentence. Seotion 9. —At the end of the section insert—

" Subject to the provisions of this Act, the pay and all other con- ditions of service of members of tho subordinate ranks of the police force shall be such as may bo determined by the Provincial Govern- ment."

Seotion 11.—For the words down to " and he " substitute " The Com- missioner " and for " thereof" substitute " of the subordinate ranks of the police fome ".

Section 13.—After " member " insert " of the subordinate ranks ". Section 20.—For " the Government " and " Government " substitute " the Provincial Government ".

Section 21.—In subsection (1) for " Commissioner " substitute " Prq- vinoial Government ".

Section 30.—For "Secretary of State for India" substitute "Crown", Section 63.—For " Governor in Council " substitute " Crown ".

The Madras Village Courts Act, 1888.

(Madras 1 of 1889.)

Seotion 1.—In subsection (2) omit '' for the tune being " and tho first " the Governor in Council " shall stand unmodified.

Seotion 5.—For " Government " substitute " the Provincial Govern- ment ".

Section 13.—For " Government " substitute " the Crown ".

The Madras Salt Act, 1889. (Madras IV" of 1889.)

Throughout the Act, save as otherwise provided, for " the Government " or " Government " substitute " tho Central Government ".

Seotion 4.—Omit " aftor consideration of any recommendation made by the Governor in Council in this behalf ".

Seotion fi.—For " Central Board of Revenue " substitute " Central Government " and omit from " and may suspend" to the end of the seotion.

Omit section 6. Seotion 13.—For " the property of Govemmont " substitute " under the control of the Central Government ".

Seotion 87.—For " Secretary of Stato for India in Council " substitute •• Crown ".

The Canals and Public Perries Atl, 180O.

(Madras II of 1890.)

Section 7.—For " Govornmont " substitute " the Provincial Govern-

ment ".

Section 11.—Omit " and thereupon in every such case the revenue accru- ing therefrom ahall bo creditod to the funds of such managing authority " and for "Government" substitute "the Provincial Govornmout ".

Section 13.—-For "Government" substitute "the Provincial Govern-

ment ".

The Madras General Clauses Act, 1891, (Madras I of 1891.)

Throughout the Act, for " Act of the Governor of Fort St. George in Council " substitute " Madras Act " and for " Act made by the Governor of Fort St. George in Council " and '' Acts made by the Governor of Fort St. George in Council " substitute " Madras Act made " and " Madras Acts marie ".

Section 3.—Omit clauses (3), (12) and (15a). After Clause (17) insert—

"(17a) 'Madras Act¹ shall mean an Act made by tho Governor of Fort St. George in Council under tho Indian Councils Acts, 18H1 to 1909 or any of those Ante, or the Government of India Aot, 1915, or by the Local Legislature or tho Govornor of the Presidency of Madras under the Government of India Act, or by the Provincial Legislature or the Governor of Madras undor the Government of India Aot, 1935."

Omit clause (U4). For section 5 substitute—

¹¹ Commence- ment or niton Acts.

6.—(1) Where any Aot to which this Chapter applies is not ex- pressed to come into operation on a particular day, then it shall come into operation, if it is an Act of tho Legislature, on the day on which the assent thereto of the Governor, the Governor Genoral or Hie Majesty, oa the ooso may require, is first published in the Official Gazette and, if it is an Act of tho Governor, on the day on which it is first published as an Act in the Official Gazette.

(2) In every such Act the date of such publication as aforesaid shall be printed either above or below tho title of the Aot and shall form part of the Act."

Section 7.—For " Govornmont " substitute " Central Govornmont orf

n.H tho caao may be, tho Provincial Government ".

Section 22.—For the first " Government " substitute "any Govornment ' and for the third " Govornment " substitute " the Govornment " ; foi " Presidency of Madras " and " Presidency " substitute " Province ".

Aft.nr fiHr.tion 22 infinrt—

"CHAPTER IV.

APPLICATION TO OHDINAITOBS AND R.KGT):LATIONS.

23. Tho provisiona of this Act shall apply—

Application to Ordlnanoe* und Regulation! under the Hovernment of [nal"Aot1l"3";

(a) in relation to any Regulation made by tho Govornor of Madras under section 92 of the Government of India Aot, 1935, as they apply in relation to Madraa Acts mado by tho Provincial Legislature ; and

(6) in relation to any Ordinance promulgates! by the Governor under section 88 or section 89 of the said Act, as they apply in relation to Acts made under that Act by the Governor, "

25 A

The Madras Board of Revenue Act, 1804.

(Madras I of 1894.)

Through out, the Act, for "Government" substitute "the Government oonoerned ".

The Madras Proprietary Estates Village Service Act, 1894.

(Madras II of 1894.)

Throughout the Aot, except in the expression " British Government ", for " the Government " or " Government " substitute " the Provincial Government ".

The Malabar Land Registration Act, 1895.

(Madras III of 1896.)

Section 10.—For " Secretary of State for India in Council " and " said Secretary of State in Council" substitute "Crown".

The Madras Court of Wards Act, 1902.

(Madras I of 1902.)

Section 33.-—After " revenues of India " inaort " or of the Federation or of the Governor General in Council or of any Province ".

Seotion 39.—For "Government" substitute " t he Crown". Section 03.—For "officers of Government " substitute "servants of the Crown ".

The Madras Port Trust Act, 1905.

(Madras II of 1905.)

Throughout the Act, savo as otherwise provided, for " Local Govern- ment " substitute " Central Government" and for " Secretary of State for India in Council " Bubatituto " Crown ".

Seotion 5.—At the ond of the section insert—

" Any requirement in this Act that notifications issued by the Board shall be published in the Official Gazette shall be construed ai a requirement that the notifications shall be published in the Official Gazette of the Province.

Sections 7 and 8.—For "Government officials " substitute " servants of the Crown ".

Seotion 23A.—-For "Government" substitute "Central Government". Seotion 48.—At the end of the section insert—

" This seotion does not apply to fines imposed by a Court ".

.Section 49.-—Omit " in their diacrotion ". Section 62.—Omit " His Majesty or ". Seotion 63.—Omit " and, in the case of a loan of an amount of not Jean than 5 lakhs of rupeos, of the Governor General in Council ", and in sub- section (2) for " Local Government " substitute " Provincial Govern- ment ".

Seotion 66.—Omit " with tho previous sanction of the Governor General in Council ".

Section 93.—After " service " insert " other than fines and penalties imposed by a Court ".

T/te Madras Land Encroachment Act, 1900.

(Madras HI of 1905.)

Throughout the Act, for " the property of Government" substitute

" Crown property ".

Seotion 2.—For the second " Government " substitute " the Crown ". Section 16.—For " Government " substitute " the Provincial Govern-

ment ".

The Madras Estates Land Act, 1908.

(Madras I of 1908.)

Section 6.—-For " Government " substitute " Crown ". Seotion 20A.—For " Government ryotwari land " substitute " ryotwari

land " and for " in the Government " substitute " in the Crown ".

Seotions 30 and 33,—For "Government" substitute " tho Crown". Section 72.—For Seerotary of State for India in Counoil " and for

" Government " substitute " Crown ".

Seotion 134.—For "the Government" aud "Government" substitute

" tho Crown ".

Section 142.—In subsection (1) for "the Government" substitute "the Provincial Govornment" and for " to Government" substitute " to the Crown ".

In subsection (2) for " Government " substitute " Crown ". Seotion 164.—For " by the Governmont " substitute " on behalf of the

Crown ".

Seotion 168.—Omit " in their discretion ". Seotion 173.-—For " Secretary of State for India in Counoil " substitute

" Crown ".

Seotion 185A.-—For " Governor " substitute " Governor exercising bis

individual judgment ".

The Limited Proprietors Act, 1911.

(Madras IV of 1911.)

Section 14,—For " the Secretary of State for India in Counoil " and

for " Government " substitute " the Crown ".

The Madras Medical Registration Act, 1914. (Madras IV of 1914.)

After seotion 24 insert—

25. This Act has effect subject to the provisions of Chapter III

of Part V of tho Government of India Act, 1936 ".

The Schedule.—After " British Indian Government " insert " the Gov-

" Swing for

provlalonn of

the Oov"nuMnt

rf India Act,

1S36.

ernment of Burma ".

The, Madras Deputy Collectors Act, 1914.

(Madras VII of 1914.)

Omit section 3.

The Koodalmaniclcam Devaswom Act, 1918.

(Madras I of 1919.)

Seotion 2.—For " Fort St. George Gazette " substitute " offioial gazette

of t.hfl nrnvinofi of Madras ".