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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, THURSDAY, APRIL 14, 1940

The Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART IV Acts of the Dominion Legislature assented to by the Governor General

GOVERNMENT OP INDIA

MINISTRY OF LAW

New Delhi, the 14th April, 1949

The following Acts of the Dominion Legislature received the assent of the Governor-General on the 14th April, 1940 and are hereby published for general information: —

ACT NO, XIX OF 1949.

An Act further to amend the Essential Supplies (Temporary Powers) Act, 1946,

WHEREAS It is expedient further to amend the Essential Supplies (Tempo- rary Powers) Act, 1946 (XXIV of 1946), for the purposes hereinafter appearing;

It is hereby enacted as follows: —

1. Short title.—This Act may be called the Essential Supplies (Temporary Powers) Amendment Act, 1949.

2. Amendment of section 7, Act XXIV of 1946.—For clause (b) of the proviso to sub-section (1) of section 7 of the Essential Supplies (Temporary Powers) Act, 1946 (hereinafter referred to as the said Act), the following clause shall be substituted, namely: —

"(b) where the contravention is of an order relating to foodstuffs the Court shall—

(i) sentence any person convicted of such contravention to im- prisonment for a term which may extend to three years and may, in addition, impose a sentence of fine, unless for reasons to be recorded it is of opinion that a sentence of fine only will meet the ends of justice, and

(ii) direct that any property in respect of which the order has been contravened or a part thereof shall be forfeited to His Majesty, unless for reasons to be recorded it is of opinion that such direction is not necessary to be made in respect of the whole, or, as the case may be, a part of the property".

(117)

3. Inaertlon ol new flection 7A in Act XXIV ol 1946.—After section 7 of the said Act, the following new section shall be inserted, namely: —

"7A. Forfeiture of certain property vised in the commission of the of- fence.—Whenever any offence relating to cotton textiles or foodstuffs which is punishable under aub-acciion (1) of season 7 has been committed, the Court may, if the order mndc under section 8 so provides, direct that tho •pnckfiovs. -vverinerp or receptacle in which any property liable to be for- ieite v,vl-,:,x ..).e hiikl (sub-wecLoii is lound, and the animals, vehicles, vessels or other conveyances used in corrying the said property shall be forfeited to His Majesty:

Provided that no Court trying an offence under this Act shall declare any such package, covering, or receptacle or any such animal, vehicle, vessel or other conveyance forfeited to His Majesty, unless it is proved thai the owner thereof knew that the offence was being, or was to be or was likely to be, committed."

4. Repeal ol Ordinance XXXI ol 1948.—(1) The Essential Supplies (Tem- porary Powers) (Amendment) Ordinance, 1948 (XXXI of 1948), is hereby re- pealed.

(2) Notwithstanding such repeal, anything done or any action taken in exer- cise of any power conferred by or under the said Ordinance shall be deemed to- nave been done or taken in exercise of the powers conferred by or under thi* Act Bs if this Act had come into force on the 8th day of November. 1948.

ACT NO, XX OF 1949. An Act to assimilate certain laws in force in different partt of the West Qodawiri District of the Province of Madras.

WHHRKAS by virtue of the Madras Partially Excluded Area (Cesser) Order, 1943, made under section 91 of the Government of India Act, 19&5, the area comprised in the villages specified in Article 2 of the said Order ceased, as from $lhe 1st day of July, 1948, to be part of a partially excluded area in the Went ftwj,avari District of the Province of Madras;

AND wrtEHBAS it is expedient that the law* in force In the said area with reqpe'ct to the matters enumerated in List I in the Seventh Schedule to the Government of India Act, 1935, should be assimilated to the laws in force with reflpeefc to the said matters in the rest of the said District;

It is hereby enacted aB follows: —

1. flbort title and comnwncftmant.—(1) Thia Ac* may be called the West Gcdavari District (Assimilation of Laws on Federal Subjects) Act, 1949.

(BS) It shall come into force OH such date as the Central Government may, by notification in _the Official Gazette, appoint.

4* Interpretation.—In thU Act—

(o) "appointed day" means the date appointed under Bub-aeotlon (fl) of section 1 for the coining into force of this Act;

(b) "Eluru Taluk" means the taluk of that name in the Weat Godavari District of the Province of Madrae;

(o) "law" meana any Act, Ordinance, Regulation, rule, order or bye- law, relating to any of the matters enumerated in List I in the Seventh Sohedule to the Government of.India Act, 1985; and

(d) "scheduled area" means the area comprised in the villages which are specified in the Schedule to this Act.

3. Assimilation ol law*.—(1) All lawn which immediately before the appoint- ed day extend to, or are in force in, the Eluru Taluk, but not in ti•-- nched^ed area, shall, as from that day, extend to, or as the case may be, come into force in, th;" scheduled area.

(£) AH laws which immediately before the appointed day are in force in the scheduled prea, but not in the Eluru Taluk, shall on that day-ceas* to be in force in the scheduled area, except us respects things done or omitted to be donj before that day.

4. Provision lor removal of dlfflCUlttM.—If any difficulty arises in relation to the transition from the laws mentioned in sub-section (2) of section 3 to the laws mentioned in smb-seotion GO thereof, the Central Government may, by order notified in the Official Gazette, make such provision as it considers necessary for the removal of such difficulty,

THE SCHEDULE

[See teetion 2 (d!)]

A. Villages in Polavarom Firk*—

1. Gangole. 2. Dondapudi. 8. Sagipadu. 4. Karakapadu. 5. Mangiparthi Devipeta. 6. Kannapuram. 7! Mahadevapuram, 8. Dippakayalapadu. 9, Venkatayipalem.

10. Cherukumilli. 11. Ballipadu. 12. Pattisam. 18. Gutala. 14. Tadipudl (Gutalfl p"rt). 15. Tadlpudi (Pattwam p"rt). 16. Bagolapalli (Gutala parij. 17. Bftgolapalli (Pattieam part). 18. Pochavarain. 10. Tupakulagudem. 20. Bayyavarflm. 31. Venkfttapurain. US. Suggonda.

B. Villages in Zangareddigudetn Firh*—

1. Baripalli (Zamindari). 2. Zangareddigudem (Zamindari). 3. Yedantapuraw (Inam). 4. Eamanujapuram (Inam). fi. Parimpudi, 6. Bayyangudem (Zanalndari). 7. Atkampeta. 8. Preedii"TOflapuram (Inam). 0. Pullepudi (Inam).

10. Pattenapalem.

0. Villages in JeelugumiUt Fiftta^"

J. Mysenagudem. ^. Peddipalli. 8. Taduyayl. 4. Matanagudem. 5. Ayyavari (PolflTaram) (Inam).

K. Y. K. SUNDABAM,

Secy, to the Oovt. of Indi*L