REGISTERED NO . L 3181
The Gazettes of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI , SATURDAY , APRIL 17 , 1948
GOVERNMENT OF INDIA
MINISTRY OF LAW
(Reforms)
NOTIFICATION
New Delhi , the 17th April , 1948
No. S.O.8 . The following Order made by the Governor- General is published for general information :---
THE FEDERAL COURT ( AMENDMENT ) ORDER , 1948 .
In exercise of the powers conferred by sections 200 and 201 of the Government of India Act , 1935 , and of all other powers enabling him in that behalf , the Governor - General is pleased to make the following Order : -
1. (1) This Order may be cited as the Federal Court (Amendment ) Order , 1948 .
(2) It shall come into force at once
2. In sub - paragraph ( 1 ) of paragraph 2 of the Government of India ( Federal Court ) Order , 1937 ( hereinafter referred to as " the principal Order " ) ,-
(a) the definition of " Chartered High Court " shall be omitted;
(b) in the definition of " service for pension " for the word " India " the words " the sub- continent of India " shall be substituted , and
(c) in the definition of " vacation " the words " in his discretion " shall be omitted
3. Paragraph 4 of the principal Order shall be omitted .
4. In clause (b) of paragraph 7 of the principal Order for the word " India" , the words " the sub - continent of India " shall be substituted .
5. In paragraphs 10 , 21 and 22 of the principal Order , the words " exercising his individual judgment " shall be omitted.
6 Sub -paragraph (2) of paragraph 11 of the principal Order shall be omitted .
(603 604 THE GAZETTE OF INDIA EXTRAORDINARY , APRIL 17 , 1948 .
7. In sub - paragraph (2) of paragraph 12 and in paragraph 19 of the principal Order , for the words " Secretary of State" the word " Governor - General " shall be substituted
8. In paragraph 14 of the principal Order , for the words " one or more of the Chartered High Courts other than those at Calcutta and Nagpur " the words " the Madras High Court " shall be substituted .
9. In paragraph 20 of the principal Order , for the words "persons appointed by the Secretary of State " the words "members of the Indian Civil Service" shall be substituted .
10. In paragraph 23 of the principal Order , for the words from " an officer of" to the words " Crown in India and the words " a member of the Indian Civil Service " shall be substi- tuted.
11. In paragraph 24 of the principal Order , the proviso shall be omitted .
12. In Part I of the First Schedule to the principal Order,-
(a) in sub -paragraph ( i) of paragraph 2 , after the figures " 1937 " , the words and figures " as in force on the 14th day of August , 1947 " , shall be inserted ,
(b ) in sub - paragraph ( i ) of paragraph 2 and in para- ted; graph 3 , for the words " in any one or more of the Chartered High Courts other than those at Calcutta and Nagpur " the words " of the Madras High Court " shall be substituted ; and
(c) in paragraph 6 , for the words " Chartered High (' ourt" at both places where they occur , the words "High Court other than the Chief Court of Oudh" shall be substituted .
13. In paragraph 2 of Part II of the first Schedule to the principal Order , for the words " in one or more of the Char- tered High Courts other than those at Calcutta and Nagpur " the words " of the Madras High Court shall be substituted.
MOUNTBATTEN OF BURMA .
Governor-General .
KV . K. SUNDARAM .
Secretary 13
THE GAZETTE OF INDIA EXTRAORDINARY , APRIL 17 , 1948. 605
MINISTRY OF LAW
(Reforms)
NOTIFICATION
New Delhi , the 17th April , 1948
No. S.O. 9. The following Order made by the Governor- General is published for general information : -
THE HIGH COURT JUDGES ( AMENDMENT ) ORDER , 1948 .
In the exercise of the powers conferred by sections 220 and 221 of the Government of India Act , 1935 , and of all other powers enabling him in that behalf the Governor - General is pleased to make the following Order :-
1. (1) This Order may be cited as the High Court Judges (Amendment) Order , 1948 .
(2) It shall come into force at once .
2. In sub - paragraph ( 1 ) of paragraph 2 of the Govern- ment of India (High Court Judges ) Order , 1937 ( hereinafter referred to as " the principal Order " ) ,-
(a) the definition of " Chartered High Court " shall be omitted , and in lieu thereof the following defini- tion shall be inserted , namely : -
" former Indian High Court " means the High Court at Rangoon , the High Court at Lahore , the Chief Court of Sind or the Judicial Commissioner's Court of the North - West Frontier Province ;
(b) in the definition of " Chief Justice " , the words " and a Judicial Commissioner " shall be omitted ;
(c) in the definition of " additional Judge ' , for the words " to act as " , the words " to be " shall be substituted ;
(d) in the definition of " actual service " , for the words " the High Court at Rangoon " at both places where they occur , the words " a former Indian High Court shall be substituted .
(e) in the definition of " service for pension " , for the word " India " the words " the sub- continent of India " shall be substituted .
14
606 THE GAZETTE OF INDIA EXTRAORDINARY , APRIL 17 , 1948 .
3. In sub - paragraphs (2) and ( 3a) of paragraph 2 of the principal Order , for the words " the High Court at Rangoon the words " a former Indian High Court shall be substitu- ted;
4. Paragraph 4 of the principal Order shall be omitted .
5. In paragraph 11 of the principal Order , for the word "India" "the words " the sub-continent of India " shall be substituted .
6. In paragraph 13A of the principal Order , for the words "outside India " wherever they occur, the words " outside the sub- continent of India" shall be substituted .
7. In paragraph 15 of the principal Order , the words "exercising his individual judgment " shall be omitted .
8. In the second proviso to sub- paragraph (2) of para- graph 16 of the principal Order , for the words " the High Court at Rangoon" the words " a former Indian High Court " shall be substituted .
9. In sub - paragraph (2) of paragraph 17 of the principal Order , for the words " Secretary of State " the word " Gover- nor - General" shall be substituted .
10. In paragraph 18 of the principal Order , for the words "Chartered High Court " wherever they occur , the words "High Court other than the Chief Court of Oudh " shall be substituted .
11. In paragraph 21 of the principal Order , for the words " Secretary of State" the word " Governor- General " shall be substituted .
12. In paragraph 22 of the principal Order , for the words " persons appointed by the Secretary of State " the words "members of the Indian Civil Service" shall be substituted .
13. In paragraph 24 of the principal Order , the words " exercising his individual judgment" shall be omitted .
14. In paragraph 25 of the principal Order , the words " in his individual judgment " shall be omitted.
15. In paragraph 26 of the principal Order , for the words from " an officer of " to the words " Crown in India and " , the words " a member of the Indian Civil Service " shall be substi- tuted .
15
THE GAZETTE OF INDIA EXTRAORDINARY , APRİL 17 , 1948. 607
16. In the First Schedule to the principal Order , -
(a) in the entry relating to the High Court at Calcutta , for the figures " 19 " the figures " 15 " shall be sub- stituted;
(b) for the entry relating to the High Court at Lahore , the following entry shall be substituted , namely :
" ; " The High Court of East Punjab ...... 7
(c) the entries relating to the " Chief Court of Sind and the Court of the Judicial Commissioner of the North West Frontier Province " shall be omitted ;
(d) after the entry relating to the Chief Court of Oudh , the following entry shall be added , namely : - " The High Court of Assam ...... 4 "
17. For the Second Schedule to the principal Order , the following Schedule shall be substituted and shall be deemed to have been substituted with effect from the 15th August , 1947 :-
" SECOND SCHEDULE
(Paragraph 5)
Salaries of Judges .
Court
The High Court at Caloutta
annum of other Judges
Rs .
Salary per Chief Justice Rs .
48,000 72,000
The High Court at Madras , Bombay , Allahabad or Patna or the High Court of
East Punjab
Tho High Court at Nagpur
The High Court of Assam
The Chief Court of Oudh 60,000
48,000
50,000
40,000
42,000 48,000
48,000
42,000
Note .--In this Schedule "Chiof Justice " includes an acting Chief Justice , a Chief Judge and an acting Chief Judge . "
18. In Part I of the Third Schedule to the principal Order,-
(a) in paragraph 1 , the word " Chartered " shall be omitted;
(b) to paragraph 1, the following sub - paragraph shall be added , namely : -
" In this Part of this Schedule, the expression "High Court " does not include the Chief Court of Oudh " ;
16
608 THE GAZETTE OF INDIA EXTRAORDINARY , APRIL 17 , 1948 .
(c) in paragraph 2 , the word " (Chartered " shall be omitted , and after the word " Nagpur" the words " or Assam " shall be inserted ;
(d) for paragraph 5 , the following paragraph shall be substituted , namely :-
" 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 High Court other than the Calcutta , Nagpur and Assam High Courts , or as Chief Justice or acting Chief Justice in the High Court at Rangoon or Lahore .
Grade III.- Service as Chief Justice in the Nagpur or Assam High Court .
Grade IV . Service as a puisne Judge in any High Court other than the Nagpur or Assam High Court , or as a puisne Judge in the High Court at Rangoon or Lahore .
Grade V.-Service as a puisne Judge in the Nagpur or Assam High Court and any service in the Chief Court of Oudh ." ;
(e) in paragraph 8 , the word " Chartered " wherever it occurs shall be omitted ; and
( f) in paragraph 9 , for the words " any Chartered High Court other than those at Calcutta and Nagpur " the words " the High Court at Madras " shall be substituted .
19. In Part II of the Third Schedule to the principal Order,-
(a) in paragraph 1 , the word " Chartered " shall be omitted;
(b) to paragraph 1 , the following sub -paragraph shall be added, namely : -
"In this part of this Schedule the expression "High Court" does not include the Chief Court of Oudh " ;
17
THE GAZETTE OF INDIA EXTRAORDINARY , APRIL 17 , 1948. 609
(0) in paragraph 3 , the word " Chartered " , wherever it occurs , shall be omitted , and for the words " that at Nagpur " the words " the Nagpur and Assam High Courts " shall be substituted ; and
(d) in paragraph 4, after the words " High Courts " the words and brackets " (including the Chief Court of Oudh) " shall be inserted .
20. In the Fourth Schedule to the principal Order , for the words " Lahore , Patna or Nagpur " , at both places where they occur, the words "Patna or Nagpur , or of the High Court of East Punjab or Assam " shall be substituted .
MOUNTBATTEN OF BURMA ,
Governor-General .
K. V. K. SUNDARAM ,
Secretary .
PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , INDIA PAINTED BY THE MANAGER GOVERNMENT OF INDIA PRESS , NAW DELHI, INDIA MINISTRY OF LAW
(Reforms)
NOTIFICATION
New Delhi , the 4th June 1948
No. S.U. 13. The following Order made by the Governor- General is published for general information : -
THE BOMBAY ( ENLARGEMENT OF AREA AND ALTERATION OF BOUNDARIES ) ORDER , 1948 . WHEREAS by section 290 of the Government of India Act , 1935 , as adapted by the India ( Provisional Constitution ) Order , 1947, it is provided that the Governor - General may , by order , increase the area , and alter the boundaries , of any Province and make such provisions as the Governor- General may deem necessary or proper for any supplementary , incidental or con- sequential matters ;
AND WHEREAS it is expedient that certain areas outside the Dominion of India should be included therein and made part of the Province of Bombay:
AND WHEREAS in accordance with the provisions of the said -section 290 the Governor- General has ascertained the views of the Government of the Province of Bombay both with respect to the proposal to make the order and with respect to the provisions to be inserted thercin ;
NOW , THEREFORE , in exercise of the powers conferred on him by the said section and of all other powers enabling him in that behalf , the Governor- General is pleased to make the following Order : -
1. ( 1 ) This Order may be cited as the Bombay ( Enlarge- ment of Area and Alteration of Boundaries) Order , 1948 .
(2) It shall come into force on the tenth day of June , 1948 .
2. The areas specified in the Scheduleto this Order ( here- inafter referred to as " the added areas " ) are hereby included in the territories of the Dominion of India .
3. The added areas shall form part of the Province of Bombay , and the boundaries of that Province shall be so alter- ed as to comprise within them the added areas .
4. (1 ) The Governor of Bombay shall , by order notified in the Official Gazette , provide for the administration of the added areas as part of the Province , either by constituting all or any of them into one or more new districts of the Province , or by making all or any of them part of one or more existing districts , or partly by one and partly by the other of the said methods , and make such further provision as appears to him to be necessary or expedient--
(a) for extending to the added areas any laws for the time being in force in the Province or any part thereof; and
(b) for removing difficulties arising in connection with the absorption of the added areas in the Province .
(2) Any order made under this Article may be made so as to be retrospective to any date not earlier than the date of the commencement of this Order .
(3) Any order made under this Article shall be subject to the same powers of repeal and amendment as laws of the Pro- vincial Legislature .
(4) No order shall be made under this Article after the expiration of six months from the date of the commencement of this Order .
SCHEDULE
The areas comprised in the following Estates and Talukas of the Western India and Gujarat States region : --
Rewa Kantha Region
1. Agar
2. Chhaliar
3. Gad - Boriad
4. Mandwa
5. Naswadi
6. Palasni
7. Shanor
8. Sihora
9. Uchad
10. Umeta
11. Vajiria
Sankheda Mewas
12. Vora
13. Alwa
14. Wasan Wirpur
15. Wasen Sewada
16. Chorangla
17. Vanmala
18. Bhilodia
19. Sindhiapara
20. Jiral
21. Kamsoli
22. Rampura
23. Pantalavdi
24. Nangam
25. Chudoswar
26. Bihora
27. Bengan
28. Nalia
29. Vadia- Virampura
30. Dudhpur 20
3
Pandu Mewas
42. Varnol Mal
31. Anghad
32. Pandu
43. Gotardi
33. Mevli
44. Moka - Paginu -Mauda .
34. Dhari
45. Moti Varnoli
35. Raika
46. Rajpur
36. Dodka
47. Jesar
37. Gothda
48. Amrapur
38. Kanoda
49. Jumkha
39. Poicha
50. Kasla -Paginu -Mauda
40. Itwad
51. Nani Varnoli
52. Nahara
41. Vakhtapur
Bawes Kantha Region
57. Thara
53. Adesar
54. Deodar (Waghela Himatsinhji )
55. Deodar (Waghela Viramsinhji
58. Varahi ( Malek Shri Hussinya- varkhanji )
Khanji)
56. Terwada
59. Varahi ( Malek Shri Murid- khanji)
Kunkrej Thana
78. Zabadia
60. Sihori
61. Un
79. Sadarpur
80. Samau- Nana Vas
62. Kevalpuri Thali
81. Samau Mota Vas
63. Arnivada
82. Bukoli
64. Ranekpur
83. Raner
65. Indermana
84. Kamboi
66. Manpur
85. Ranawada
67. Thara Saduji Vas
86. Anganwada
68. Bhalgam
87. Akoli
69. Khengarpur
70. Runi
88. Dugrasan
71. Shirwada
89. Ruppura
90. Umri
72. Kharia
73. Madkol
91. Balochpur
92. Kakar
74. Khimana
93. Vada
75. Bhadramali
94. Chomla
76. Dasana Vas
95. Dov Darbar
77. Lunpur
Suigam Sub - Thanu
101. Авата
96. Suigam
102. Nesda
97. Radosan
98. Nalodar
103. Golap
104. Mamna
99. Jalana
105. Koreti
100. Kanothi Deodar Thana
106. Bhabhar Nava Vas
107. Bhabhar Juna Vas
108. Ujjanwada
109. Panvi
110. Ganjesar
111. Chatar
112. Kaprupur
113. Karele
114. Oghadpura
115. Gagun
116. Mojru
117. Surana
118. Delvada
119. Sanadar
120. Malukpur
121. Kapdi Dev
122. Vatam Juna Vas
123. Vatam Nava Vas
124. Jalodha
125. Dhankwada
126. Duchakwada
127. Niladar
128. Golvi
129. Chibdha
130. Mithi Paldi
131. Chalwa
132. Makdala
133. Porna
134. Vesarda
135. Dhunsol
136. Vajapur
137. Bhatvar
Santhalpur Thana
138. Dhokwada
139. Rajusara
140. Par
141. Bakutra
142. Mora Pati
143. Nanda Pati
144. Pipralia
145. Sanva
146. Barala
147. Vahuva
148. Dhadalia Padar
149. Eval
150. Jakhotra
151. Charanka
152. Chhanasara
153. Madhutra
154. Anternes ( Jadeja)
155. Anternes (Rahumas ) 156. Garmdi
157. Adosar
158. Varnesari
159. Zazam
160 Boru
161. Kilana
162. Dhrechana
163. Chalanda
164. Soneth
165. Masali
166. Limbuni
167. Babra
Varahi Thana
168. Varahi
169. Korda
170. Gadha
171. Unrot
172. Zandada
173. Jhekda
174. Koliwada
175. Daisar
176. Daldi
177. Bamroli
178. Gokhantar
179. Inderva Juna Vas
180. Inderva Nava Vas
181. Sadev
182. Sidhada
183. Chichodra
184. Thanvad
185. Lodra and Unnadi
186. Saiyadpur
187. Daigamda
188. Uchosan 22
5
Mahi Kantha Region
189. Bhalusna
200. Likhi
190. Bolundra
201. Magodi
191. Dabha
202. Palaj
192. Dadhalia
203. Prempur
193. Dadhrota
204. Ramas
194. Derol
205. Rupal
195. Gabad
206. Sathamba
196. Hadol
207. Satlasna
197. Hapa
208. Tajpuri
198. Kadoli
209. Vadagam
199. Khedwada
210. Vakhtapur
Gadhwada Thana
217. Nedardi
211. Mota Kothasna
212. Umbri
218. Ambavada
213. Nana Kothasna
219. Vinchhi
214. Timba
220. Chandap
215. Dedasan
221. Gazipur
222. Mohor
216. The Thakor of Undnils estate in the Hadol Taluka .
Katosan Thana
228. Kasalpura
223. Maguna
224. Deloli
229. Ranipura
230 ! Memadpura
225. Rampura
231. Ijpura ( Jethajina)
226. Tejpura
227. Virsoda
232. Ijpura ( Barotna)
MOUNTBATTEN OF BURMA , Governor - General ,
K. V. K. SUNDARAM ,
Secretary .
23
MINISTRY OF LAW
(Reforms)
NOTIFICATION
New Delhi , the 8th June , 1948 .
No. S. O. 14. The following Order made by the Governor- General is published for general information : ---
THE ORISSA HIGH COURT ( AMENDMENT ) ORDER ,
1948
In exercise of the powers conferred by sub- section ( 1) of section 229 of the Government of India Act, 1935 , the Governor -General is pleased to make the following Order :-- 1. (1 ) This Order may be cited as the Orissa High Court (Amendment) Order , 1948.
(2) It shall come into force at once .
2. In clause (1) of Article 3 of the Orissa High Court Order, 1948, for the words " fifth day of July " , the words "twenty - sixth day of July " shall be substituted .
MOUNTBATTEN OF BURMA ,
Governor-General..
K. V. K. SUNDARAM ,
Secretary.
24
MINISTRY OF LAW
(Reforms)
NOTIFICATION
New Delhi , the 15th June 1048 .
No. S. O. 15. The following Order made by the Governor- General is published for general information:--
THE MADRAS PARTIALLY EXCLUDED AREA
( CESSER ) ORDER , 1948
In the exercise of the powers conferred by clause (b) of the proviso to section 91 of the Government of India Act , 1935 , the Governor - General is pleased to make the following Order:-
1. This Order may be cited as the Madras Partially Ex- cluded. Area ( Cesser ) Order , 1948 .
2. As from the first day of July , 1948 , the area comprised in the villages specified below , which forms part of a partially excluded area in the West Godavari district of the Province of Madras , shall cease to be part of that area : -
A. Villoges in Polavaram fırka , the following : -
12. Pattisam .
1. Gangole .
13. Gutala .
2. Dondapudı .
14. Tadipadi ( Gutala part) .
3. Sagipadu .
15. Tadipudi (Pattisam part) .
4. Karakapadu .
16. Ragolapalli ( Gutala part) .
5. Mangiparthi Devipeta .
6. Катараrаm .
17. Ragolapalli (Pattisam part ) .
18. Poohavaram .
7. Mahadevapuram .
19. Tupakulagudem .
8. Dippakayalapadu .
20. Bayyavaram .
9. Venkatayıpalem .
10. Cherukumillı .
21. Venkatapuram .
22. Suggonda .
11. Ballıpadu .
B. Villages in Zangareddigudem firka , the following : ----
6. Bayyangudem ( Zamindari ) .
1. Saripallı (Zamindarı ) .
7. Akkampeta .
2. Zangareddigudem ( Zamindari ) .
8. Sreenivasapuram ( Inam ) .
3. Vedantapurum ( Inam ) .
9. Pullopudı ( Inam ) .
4. Ramanujapuram ( Inam) .
5. Parımpudi .
10. Pastenapalem .
C. Villages in Jeelugumilli firka , the following : -
1. Mysenagudom .
2. Peddipallı .
3. Taduvayi .
4. Matanagudom .
5. Ayyavari ( Polavaram) ( Inam ) .
MOUNTBATTEN OF BURMA ,
Governor-General .
K. V. K. SUNDARAM ,
Secretary.