Govinment of
REGISTERED No. D-28
The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI , THURSDAY , OCTOBER 13 , 1949
GOVERNMENT OF INDIA
MINISTRY OF STATES
NOTIFICATION
New Delhi , the 11th October 1949
No. 217 - J . Whereas the Central Government has full and exclusive jurisdiction for , and in relation to , the governance of the areas comprised within the boundaries as described in the First Schedule hereto annexed and here- after referred to as the " Dominion Reserve in Manipur " ;
And whereas it is expedient to provide for the effective exercise of the jurisdiction;
Now, therefore , in exercise of the powers conferred by sub -section (2) of section 8 and section 4 of the Extra - Provincial Jurisdiction Act , 1947 ( XLVII of 1947 , and of all other powers onabling it in that behalf , and in supersession of the Notifications of the Government of India in the Foreign Department Nos . 534-1B . and 535-1.B . , dated the 12th March 1900 and of the late Political Department No. 178 - I.B . , dated the 19th August 1937 , the Centrai Govern- ment is pleased to make the following order , namely :-
1. This order may be called the Manipur (Dominion Reserve) Applica- tion of Laws Order , 1948 .
2. The enactments mentioned in the first column of the Second Schedule to this Order shall apply to the Dominion Reserve in Manipur subject to any amendments to which the enactments are for the time being generally subject in the territories to which they extend and subject to the modifications and restrictions specified in the second column of the said schedule ,
8. In the enactments as so applied , except as otherwise provided for in this Order or where the context otherwise requires , a reference to the authorities , territories and gazette mentioned in the first column of the Table hercunder set out shall , be construed as a reference to the authorities , territories and gazette respectively mentioned opposite thereto in the second column of the said Table
TABLE
Central Government .
(1) Dominion Governn ent ,
Governor -General or Fe .
deral Railway Authority
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( ii) Provincial Government , Governor of Assam . Governor or Chief Control- ling Revenue Authority .
( iii ) Govern nent . Central Government or Governor of Assam the context may require .
iv ) Magistrate of a District or the District Superintendent of Police . Dewan, Manipur State .
( v ) Official Gazetto
Official Gazette of the Central Government or as the case may be the Government of Assam .
vi ) British India, Dominion Doninion Reserve in Manipur .
of India, any province in Bri- tish India or in the Dominion of India or any part thereof .
The High Court of Assarn .
( vii ) High Court .
4. A direction in the Second Schedule to this Order that an enactment or portion of an enactment shall stand unmodified shall be regard- ed as a direction that it is not to be construed in accordance with the provisions of paragraph 2 .
5. Any court may construe the provisions of any enactment applied by this Order and of any notifications , orders , by - laws , rules or regula- tions , made or issued therounder , with such modifications , not affecting the substance , as may be necessary or proper to adapt them to the matter before the court .
6. In criminal proceedings within the limits of the Manipur State in which an officer or other rank of the Assam Rifles is either a com- plainant or an accused and in all cases of criminal proceedings which arise within the limits of the Dominion Reserve in Manipur-
(1) The Dewan , Manipur State hereinafter called the Dewan shall exercise the powers of a District Magistrate and a Court of Session , as described in the Code of Criminal Procedure , 1898 , provided that the Dewan shall not commit any accused person for trial to the High Court of Assam acting as a Court of Session.
(2) the High Court of Assam shall exercise the powers of a Court of Sessions and a High Court as described in the ' said code in respect of all offences over which magisterial jurisdiction is exercised by the Dewan .
(8) the High Court of Assam shall exercise the powers of a High Court as described in the said code in respect of all offences over which the jurisdiction of a Court of Sessior is exercised by the Dewan .
(4) in exercise of the jurisdiction of Court of Session conferred on him by a sub - clause ( 1 ) above , the Dewan may take cognizance of an offence as a Court of original criminal jurisdiction without the accused person being committed to him by a magistrate , and shall , when so taking cognizance of any offence , follow the pro- cedure prescribed by the Code of Criminal Procedure . 1898 , for the trial of warrant cases by a magistrate ,
(5) the Dewan may make over to the Manipur State authorities for trial any case of which he has taken cognizance under the juris- diction vested in him by this Order and in which subjects of Manipur State only are concerned .
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7. In civil proceedings in the State of Manipur in which an officer or other rank of the Assam Rifles is a party and in all cases of civil proceedings arising within the limits of the Dominion Reserve in Manipur--
(1) the provisions , so far as they can be made applicable of the enact- ments specified in the Third Schedule to this Order , as for the time being in force in the province of Assam , shall be applied;
(2) for the purposes of the said enactments the Governor of Assam shall be deemed to be the Provincial Government ;
(8) for the purposes of facilitating the application of the said enact- ments in any case , any of their provisions may be construed by any court or authority with such alterations not affecting the substance as may be necessary or proper to adapt them to the circumstances of that case .
8. There shall be a Court of Small Causes with jurisdiction in all suits cognizable under the Provincial Small Cause Courts Act , 1887, where the amount or value of the subject matter does not exceed five hundred rupees , and the Dewan shall be the Judge of such Court .
9. The Dewan shall exercise the powers of a District Court as described in the Code of Civil Procedure , with jurisdiction in all original suite whatever be the amount or value of the subject matter and in all other cases in which jurisdiction is conferred on the District Court by any of the enactments specified in the Third Schedule to this Order ,
10. Subject to the provisions of the enactments specified in the Third Schedule to this Order , and the provisions of this Order, appeals from decrees and orders passed by the Dewan in exercise of the powers of a District Court shall lie to the High Court of Assam which shall exercise the powers of a High Court for all purposes connected with the administration of civil justice in the cases to which this Order applies
11. If on the face of any plaint presented in his court it shall appear that all the parties concerned are subjects of the Manipur State , the Dewan may if he thinks fit , return the plaint for presentation to any court of the Manipur State , having jurisdiction and the case shall then be triable in such court even though any or all of the parties are residents in the Dominion Reserve .
12. Any order passed , anything done or any action taken in any case or in relation to the said Dominion Reserve in Manipur with effect from the 15th August , 1947 , by any officer or authority on whom powers are conferred under this Order shall be deemed to have been passed , done or taken in exercise of the powers con- ferred by this Order and the provisions of this Order shall apply accordingly .
A. N. SACHDEV , Under Secretary .
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FIRST SCHEDULE
Boundaries of the Dominion Reserve in Manipur
The Dominion Reserve in Manipur shall consist of-
(a) All lands comprised within the following boundaries commencing from existing C. B. pillar No. 1 the line follows Southwards the Western Cantonment boundary upto C. B. pillar No. 8 then it follows the existing Southern Cantonment boundary upto the Sanjenthong bridge over the Imphal river on the Ukhrul Road . Thence it follows the centre of the river bed Northwards to a point North- East of the C. B. pillar No. 9 where the bund comes down to the river bank . Thence it follows the bund Northwards to a point North - East of the Cantonment Naga Village . Thence it runs West to the nullah and then follows this nullah West- wards and Southwards and Westwards again back to C. B. Pillar No. I.
(b) Also all lands known as Rifle Range comprised within the following boundaries :-
Commencing from point L. (between C. B. pillar No. 23 and C. B. pillar No. 24) on mapto C. B. pillar No. 24 , then to C. B. pillar No. 25 , then to point M (between C. B. pillars Nos . 25 and 26) on map and back to point L.
SECOND SCHEDULE
Modifications and Restrictions
Enactments
( 1 ) In clause second of section 21 the words " Dominion of India " shall stand unmodified .
1. The Indian Penal Code , 1860 (XLV of 1860 )
(2) In section 121A the words " British India " wherever they occur for the second tire shall stand unmodified and after the words any part thereof " insert the word " or of the jurisdiction of the Central Government in the Dominion Reserve in Manipur ".
( 1 ) Omit sub - section (2 ) of section 1 .
2. The Cattle Trespass Act , 1871 (1 of 1871 ) .
" (2) In section 6, " Provincial Government substitute Magistrate of the District . "
( 1 ) In section 1 , orit the words " It extends to the whole of British India " .
8. The Government Savings Bank's Act , 1873 ( V of 1873) .
(2) In section 4 for the words and figures " Succession Cer tificate Act 1889 " the words and figures " Indian Suo cession Act , 1925 , or under any other analogous law or rulee in force " shall be substituted .
(3) In section 13 , for the figures and word " 1875 , section 4" the figures and word " 1925, section 20 " shall be subs tituted .
( 1 ) In section 2 , omit the words " in the Presidency-Towns and Magistrate of Polico and olsewhere . " 4. The Dramatic Porformances Act , 1876 ( XIX of 1876 ) .
(2) In clause (8 ) of section 3 after the word " India " insert the Dominion Reserve in Manipur . "
( 1) Omit section 2 .
5. The Indian Arms Act , 1878 (XI of 1878) .
( 1 ) Omit section 2.
6. The Indian Explosive Act 1884 ( IV of 1884).
(2) In sections 5 and 7 , for the words " the Central Govern- mont" the words " the Central Government or the Dewan, Manipur State with the previous sanction of the Central Government " shall be substituted .
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(3) In section 9 for the words " Central Government " the words " Dewan, Manipur State " ahall be substituted .
(4) In clauses ( a) and ( b ) of section 14 for the words " any Government in British India " the words " the Central Government or the Dewan, Manipur State "may be subs tituted .
(5) In section 18 , sub- section ( 1 ) to ( 4) shall be omitted.
7. The Indian Telegraph Aot , Omit section 34 . 1885. ( ΧΙΙI of 1885) .
6. The Revenue Recovery Act , 1890 ( I of 1890) .
For section 8 substitute, " the provisions of this Act shall also apply to the recovery in the Dominion Reserve in Manipur or any arrear to land revenue or sum recover. able as arrear of land revenue payable to the Collector or to a local authority in any part of the Provinces of India or any local area which is not a part of any Pro- vince in India but which under the administration of the Central Government and to which the Revenue Recovery Act , 1890 has been applied" .
Omit sub - sections ( 2 ) , ( 3) and ( 4) of Section 1 .
9. The Prevention of Cruelty to Animals Act , 1890 , ( XI of 1890) .
10. The General Clauses Act , 1897. (X of 1897) .
( 1 ) Sections 3 , 4 and 4A shall stand unmodified provided that in the interpretation of any engstment in the Doml nion Reserve in Manipur , the definitions contalned in these sections shall bebe applapplicable only after effost has been given to any modifications , restrictions or rules of construction presoribed in respect of the enactment by this Order .
(2) Sections 5 and 5A shall be omitted .
11. The Code of Criminal Pro- cedure, 1898 ( V of 1898) .
( 1) In Sootion 1 , omit the words " and it shall come into force on the first day of July 1898 " and the words from "or shall apply " to the end of the section .
(2) Omit clause ( g) of sub - section ( 1 ) of Section 4.
(3) In Section 9 at the end of sub - section ( 3) insert " either generally or for the trial of particular casез" .
(4) Omit Soctions 22 and 25 .
( 5) In Section 30 , omit the words from the beginning to "Assistant Commissioners" .
( 6) In Section 197 for clauses (a) & (b) of sub -section ( 1 ) substitute the words " Dewan, Manipur State" in sub . section 2 for the words " Governor General or Governor" substitute the words " The Governor of Assam. "
(7) Trials before the Court of Sessions shall except as pro- vided by chapter XXXII be with the aid of aзалог of whom 3 or more shall be chosen as the Judge thinks fit from a list prepared in accordance with the directions of the Dewan, Mampur State .
(8) Section 565 shall stand unmodified.
12. The Indian Post Office Act, 1898 (VI of 1898) .
( 1) In section 7. omit the proviso to sub - section (I) substi- tute " unloss and until such modification as aforesaid is issued, the rates chargeable for the time boing in India shall be the rates chargeable under this Act".
(2) Omit the First Schedule .
( 1 ) Omit sub - section ( 2) & ( 3 ) of section 1 .
3. The Indian Extradition Act , 1908 (XV of 1903 ) .
(2) Omit the words " or the Chief Presidency Magistrate" wherever they occur .
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14. The Indian Coinage Act , Omit sub - section ( 2 ) of section 1 and sections 3 to 10 . 1906 ( III of 1906 ) .
15. The Explosive substances Act , 1908 ( VI of 1908 ) . Omit sub - section ( 2 ) of section 1 .
16. The Whipping ( IV of 1909 ). Act , 1900 Omit anb - section ( 2 ) of section 1 and section 6.
17. The Indian Electricity Act , 1910 ( IX of 1910 ) .
( 1 ) Sub - sootions ( 2 ) and ( 3 ) of section 1 , sections 3 to 11 , 27 and 36A , sub - sections ( 1 ) and ( 2 ) of section 38, clause (a) of section 42 and section 57 shall be omitted.
(2) Roforences to the Contral Electricity Board in section 37 shallbe read as referring to the Central Government ,
(3) Roforonces to District Magistrate or a Magistrate of the let class shall be read as referring to the Dewan, Mampur State.
(4) References to a licence shallbe read as referring to the Manipur Hydro - Electrio Board , and , reference to the date of commencement and to the terms or conditions of his licence shall be read as referring respectively to the 14th April 1932 and to the provisions of the Sche- dule to the said Act with the omission of clauses I to IV, IX and sub - clauses ( I ) ard ( 2 ) of clause X.
18. The White Phosphorous Mat- ches Prohibition Act , 1918 (V of 1913) .
( 1 ) Omit sub- sections ( 2 ) and ( 3 ) of section 1( 2) , in sub- section ( 1 ) of section 5 for the words " under the Indian Factories Act , 1911 " the words " under the law relat- ing to factories " shall be substituted .
(2) In sub - section ( 2 ) of section 6 , omit the words "Presі . doncy Magistrate" .
(XVIII of 19. The Post Office Cash Certifi- cntes Act , 1917 1917) .
( 1 ) ( 2) Reference to the Defence of India shall be construed as including roforonces to the Defence of the Dominion Reserve in Manipur .
( ii) References to His Majesty's subjects or British subjecte shall be construed as references to all persons in the said Doninion Reserve .
( iii) Reference to any Aot shall be construed as references to that Act as applied to or to the analogous law in force in the said Dominion Reserve .
2. Sub - section ( 2 ) of section 1 , clause ( iv ) of sub - section (3) and clauses (b ) and ( c) of sub-section (4) sub -section (5) of section 6 , section 7 , clause ( b ) of sub - section (I) of section 19 and section 20 shall be omitted .
3. For sub - section ( 3 ) of section 1 the following sub - seo- tion shall be substituted , namely :-
" ( 2) It shall come into force provided the provisions of Chapter Ilf shall not come into force until such. date as the Contral Government may by notifi- cation in the official Gazotte , appoint in this be- half" .
4. For clause (b ) of sub - section ( I) of section 19 , the fol- lowing clause shall be substituted , namely :-
(b) Whero no such agreement can be reached , the Contral Government shall appoint arbitrator such porsons as an arbitrator as it thinks fit " .
Sub - sections ( 2) & ( 3 ) of section 1 shall be omitted .
20. Tho Cinen atograph Act , 1918 (II of 1918) .
(1) Sub - sections ( 2 ) & ( 8) of section I shall be omitted .
21. The Indian Securities Act , 1920 (X of 1920 )
2. In sub -section ( 2 ) of section 13 references to " Distric Magistrate" and Euch Magistrate " shall be read a referencos to " Dewan , Manipur State " and the ex planation below it omitted .
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(3) In section 4, the words " after previous publication" shall be omitted .
( 1 ) Omit sub - section (2) of section 1 .
22. The Indian Official Secrets Act , 1923 ( XIX of 1923 ) . (2) Clause 1A of section 2 shall stand unmodified .
(3 ) In section 13 ( a) in sub - sections ( 1 ) and ( 3 ) for the words "Appropriate Government" wherever they ooour substitute " Dewan , Manipur State " and ( b ) ornit sub- section (5) .
( 1 ) On it sub - sections ( 2 ) and ( 3 ) of section 1 .
23. The Indian Soldiers Litiga tion, Act 1925 ( IV of 1925 ) .
(2) In section 14 omit the words fro the beginning to any othor casos" .
24. The Indian Press Eruergency Powers Act , 1931 of 1931 ) . (XXIII
( 1 ) Omit sub - section ( 2) of section 1 , the words " or Chief " Presidency Magistrate in clause ( 4 ) of section 2 , the words " Presidency Magistrate" wherever they occur in sections 16 and 17 and section 24 and the words " in a presidency town before the Chief Presidency Magis- trate and elsewhere" in section 32 .
Onut sub - sections ( 2 ) and ( 3 ) of section 1 .
of 25. The Indian Wireless Telegra- phy Act , 1933 (XVII 1933) .
26. The Indian Aircraft Act , 1934 (XXII of 1934 ) . Sub - section ( 2 ) of section 1 and sections 9, 15 and 16 shall be omitted .
(1) On it sub - sections ( 2) and ( 3) of section 1 .
27. The Petroleum Act , 1934 (XXX of 1934) .
(2) In section 25 omit the words " in the I residency towns by a Presidency Magistrate and elsewhere" .
(3) Omit sub - section ( 3) of section 28 and sub - section ( 2 of section 29 .
Sub -sections ( 1 ) and ( 3 ) of section 133 shall be omitted .
28. The Motor Veh cles Act , 1939 (IV of 1939) .
(1) in section 1-
( i) Omit sub - section 2 ; and
( ii) for sub - section ( 3 ) substitute :-
" (3) It shall be deemed to have come into force with effect from the l5th day of August 1947 " ,
(2) In section 19 :
(i) Omit sub - section ( 1 ) ; and (ii) in sub - section ( 2) for the words any India State" substitute " Indian Dominion and any Indian State" .
(3) In section 14 the words " Contral Government " wherever they occur shall stand unmodified .
(4) In section 28 :-
( i) for sub - section ( 1 ) substitute
" ( 1 ) Subject to the provisions of section 25 and section 39 ovory owner of a motor vehicle who normally koops it in the Dominion Reserve in Manipur shal cause it to be registered by the Registering autho- rity" .
5) In section 28. ( 1 ) Omit section ( 1 ) ; and ( ii ) in sub- section ( 2 ) for the words " any Indian State" substitute "Indian Dominion and any Indian State"
(6) In sub - section ( 1 ) of section 29 for the words " in one province has been kept in another province " substitute "Outside the Dominion Reserve in Mampur has been kept in that Reserve " ; and omit the " within whos jurisdiction the vehicle then is" .
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(7) In sub - section ( 4 ) of section 34 the words " British Indian" shall be read as referring to Indian Dominion , "the Dominion Reserve in Manipur ."
(8) In section 39 the words " Central Government " wherever they occur shall stand unmodified .
(9) In clauso ( a) of sub - section ( 3 ) of section 42, for the words " Central Government or a Provincial Govern- ment substituto " Government of India or any Govern- ment in Indian Dominion" .
(10) For the proviso to sub -section ( 1 ) of section 44 , subati- tute :-
"Provided that the Dewan, Manipur State may abstain from contituting a Regional Transport Authority" .
( 11 ) In section 63 :-
(1) for section ( 1 ) substitute :----
" ( 1 ) Excopt as may be otherwise prescribed a permit granted in Indian Domunion or the Mani pur States hall be valid in the Dominion Reserve in Mampur if countersigned by the Provincial ransport Authority, or the Rogistering and Licensing Authority of the Manipur State , and
( ii ) for sub - section ( 4) , substitute " ( 4) Not withstan- ding anything contained in sub - section ( 1 ) , a tem- porary permit issued by a competent authority in Indian Dominion under clause ( a ) or clause (c ) of sub - section ( 1 ) of section 62 of this Act or in the Manipur State under provisions of law correspon- ding theroto will be valid in the Dominion Reserve in Manipur with the concurrence given generally or for the particular occasion , of the Provincial 'Transport Authority or the Registering and Licen. sing Authority of the Manipur Stato ."
(12) In section 65 , sub - section ( 1 ) ( b ) substitute " ton " for "nine",
(13) For clause ( 1 ) of sub - section ( 2 ) of section 69 substitute "(1) the conditions subject to which a perruit issued by the competent authority in Indian Dominion or the Manipur State shall be valid in the Dominion Reserve in Manipur" .
(14) In the Fourth Schedule , the words " Contral Govern. ment " wherever they ocour shall stand unmodified .
(15) In the sixth Schedule , for the words " from one of the group of letter to these letters shall be followed by " substitute "The registration mark for a Vehiclo in the Dominion Reserve in Manipur shall be the group of letter AS- MN followed by " .
In sub- section ( 2 ) of section 1 substitute " Dominion Reserve in Manipur" for " Whole of Assam " and omit " whorover they may be serving . "
29. The Assam Rifles Act , 1941 (Vof 1941) and all Notifications , Orders and rules made or hore- after to be made thereunder .
In sub -section ( 3 ) of section 2 substitute " Dewan , Manipur State" for " a Doputy Commissioner .. Balipara Fron- tier Tract " .
30. The Central Excises and Salt Act , 1944 ( I of 1944 ) .
( 1 ) In section 11 for the words " the Collector of the District in which such person resides or conducts his business " the words " Dowan , Manipur State" and for the word " Collector " the word " Dowan " shall be substituted .
(2) Omit sub- section ( 3 ) of section I , chapter IV and the proviso to section 38 .
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(8) For the words " Central Board of Revenue " wherever they occur, substitute the vords " Governor of Assam " .
(4) After sub - section (6 ) of a sotion 2, insert the following : (B) Collector of Central Excise and Assistant Col- lector of Central Excise mean the officers specially au- thorised by the Government of Assam to exercise all or anyof the powers of a Collector and of Assistant Collector respectively under the Act and the rules made there- under " .
(5) Add the following proviso to sub - section ( 1 ) of section 3, namely :
" Provided that no duty shall be leviable on salt im- ported by land which has already paid duty in India " .
(6) In sections 13 and 14 , for the words " Central Govern - ment " wherever they occur substitute the words " Go- vernor of Assam " .
(7) In the first Schedule :--
(a) in the entry relating to item No. " I. Kerosene " ,
(1) for the words , figures and brackets " Indian Petro- leum Act, 1899 ( VILI of 1899 ) " in column 1 , substi- tute the words , figures and brackets , " Petroleum Act , 1934 ( XXX of 1934 ) " and
(ii) for the entry in column 2, substitute the following namey :
" The rate at which duty is for the time being leviable In India".
(6) for the entry in columa 2 , against item No. " 5 Salt ' substitute the following namely -
" The rate at which duty is leviable for the time being in India ".
(8) Renumber section 39 as sub - secton ( 1 ) of section 39 and to that section add the following sub - section , namely : -
" 2. Notwithstanding anything to the contrary con- tained in the law in force for the time being in force in the Dominion Reserve in Manipur such of the aforesaid enactments as have been applied to it shall be deemed to have continued in force therein until this Act takes effect therein "
(1) Omit sub - section ( 2 ) of section 1.
31. The Foreigners Act , 1946
(2) In sections 3 , 4 and 5 all references to the Central Go- vernment shall be read as referring to the Dewan , Manipur State and all references to India shall be read as referring to the Dominion Reserve in Manipur .
(3) Omit section 6.
32. Essential Supplies (Tem porary Powers) Act , 1946 (XXIV of 1946) .
( 1 ) Save where the context otherwise requires ( 1 ) any re- ference to the Central Government or the Provincial Go- vernment shall be construed as reference to the Governor of Assam ;
(ii) reference to any Act or Ordinance shall be construed as a reference to that Act or Ordinance as applied to , or to the analogous law in force in the Dominion Reserve in Mani- pur.
(2) Sub - section ( 2 ) of Section 1, sub - section ( 3 ) of section 3 and clause (6 ) of section 4 shall be omitted.
(3) In section 2-
(i) for clause ( d) the following shall be substituted, namely:-
" ( d) notified order means an order notified in the Offm- cial Gazette of the Province of Assam " .
(ii) clause ( f ) shall be omitted.
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(4) In section 13 , for the words " any Magistrate of the First class specially empowered by the Provincial Government in this behalf and for any Presidency Magistrate" the words " Dewan , Manipur State " shall be substituted.
Provincial Acts-
1 The Assam Motor Vehicles Taxation Act , (Assam Act IX of 1936).
( 1 ) References to the local Government and to the Deputy Commissioner shall be read as referring to the Governor of Assam andto the Dewan , Manipur State respective- ly.
(2) For section 17, the following shall be substituted, namely :-
" 17. Any person aggrieved by an order relating to the Assessment , imposition or recovery of a tax may within a period of thirty days from the date of such order prefer an appeal to the Dewan , Manipur State or if the Dewan is the officer who passed such order , then to the Governor of Assam . Every order in appoal passed by the Dewan under this section shall be final , subject to the power of revision by the Governor of Assam . "
( 1 ) Reference to the Deputy Commissioner shall be read as referring to the Dewan , Manipur State .
2. The Assam Sales of Motor Spirit and Lubricants Taxation Aot , 1939 (Assam Act IV of 1939 ) .
( 2) The following shall be omitted .
Sub - sections ( 2 ) and ( 3 ) of section 1 ;
Clause (a) of section 2;
The words " of the district in which his place of business situate or to any officer of the Excise or Revenue Department specially empowered by the Provincial Gov- ernment in this behalf in such district " and the words " or officer " in sub - section ( 1 ) of section 6 .
The words " or , subject to the orders of the Provincial Gov. ernment , the Excise Commissioner , as tho case may be " in section 9;
The words " of the Excise or Revenue Department " in sub- section ( 1 ) of section 10 , in section 11 and in sub- section ( 1 ) of section 15;
Section 14;
Clauso ( a) of sub- section 1 , and the words " or Excise Com missioner" in sub - section ( 3 ) of section 25 ;
Sub - section ( 3 ) of section 26 .
THIRD SCHEDULE .
1. The Court Fees Act , 1870 ( VII of 1870) .
2. The Indian Evidence Act , 1872 ( I of 1872) .
3. The Indian Contract Act , 1872 ( IX of 1872) .
4. The Provincial Small Causes Courts Act , 1867 (IX. of 1887) .
5. The Code of Civil Procedure , 1908 (Act V of 1908) .
6. The Indian Limitation Act , 1908 ( IX of 1908) .
7. The Musalman Wakf Validating Act , 1913 (VI of 1918) .
8. The Indian Succession Act , 1925 ( XXXIX of 1925) .
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MINISTRY OF COMMERCE
RESOLUTION
TARII FS
New Delhi , the 18th October , 1949
No. 10 - T(3 ) / 49 . The Government of India , Ministry of Commerce , in their letter No. 3 - T ( 1) / 48 , dated the 15th October , 1948 , requested the Boardto in- vestigate the works cost of hot metal ( iron for steel making ) and to determine the fair ox -work prices for pig iron (basic und foundry grades) , while determin- ing the fair retention prices for billets and other categories of steel as desired in Government's Resolution No. 3 - T (1 )/ 48 , dated the 7th February , 1948 .
2. The Board , having conducted an inquiry , has submitted its report . Its main recommendations and findings are as follows :-
(1 ) The works costs of hot metal at the Hirapur works of the Indian Iron & Steel Company and at the Tata Iron & Steel Co. are Rs . 62.45 und Rs . 46.36 per ton , respectively .
(2) The ex -works fair retention prices for Pig iron (basic and foundry grades ) , based on the examination of the works cost of the Indian Iron & Steel Co. should be fixed at the following rates: -
per ton *
Rs . 82
Basic grade
Rs . 90
Foundry grado I
* II
Rd . 88
Rs . 85
III
"
Rs . 84
IV
("The Board has since rocommended an increase in these rato of Rs . 2 /- per ton towards "Contingencios " ) .
(3) No separate prices for pig iron (basic and foundry grades ) produced at the works of the Tata Iron & Steel Co. are recommended , as the production of pig iron is incidental and forms only a fraction of the company's total production of hot metal .
(4) As the new Coke Oven battery of the Indian Iron & Steel Co. is likely to come into operation during the current year , the costs should be reviewed at the end of a year and fair ex - works retention prices adjusted accordingly .
(5) The question of freight disadvantage arising out of the present system of quoting prices for ports be examined by Government .
3. The Government of India have carefully considered the report and have decided to accept the recommendations contained in paragraph 2(2) and (3 ) above No action on recommendation ( 1) is called for , as this has already been taken into account in fixing the retention prices of finished steel .
As regards recommendations (4) and ( 5) Government have decided that the rates recommended by the Board as ex - works fair retention prices plus Rs . 15/ - per ton for freight disadvantage should be fixed under the Steel Control Order as selling prices at Port with effect from the 1st November 1949 for a period of one year after which the costs and the freight disadvantage should be reviewed and revised prices fixed , if necessary.
2026 THE GAZETTE OF INDIA EXTRAORDINARY , OСТ . 13 , 1949
ORDER
ORDERED that a copy of this Resolution be communicated to all Provincial Governments ; all Chief Commissioner's Provinces ; Ministry of External Affairs and the several Ministries of the Government of India ; the Prime Minister's Secretariat; the Cabinet Secretariat; the Private and Military Secretaries to His Excellency the Governor- General ; the Central Board of Revenue ; the Auditor General ; the Director- General of Employrnent and Resettlement ; the Director General , Industry and Supply ; the Department of Scientific Research; the Constituent Assembly Library , New Delhi ; the Central Secretariat Library; the Librarian , India Library , Calcutta; the High Commissioners for India in the Union of South Africa , Johannesburg , U.K. , Ceylon , Canada , Pakistan and Australia; the Indian Ambassadors in China , U.S.S.R. , Iran , Nepal , Burma , Egypt , Afghanistan , Turkey , U.S.A. , France and Czechoslovakia; the Com- missioner General for Commercial and Economic Affairs in Europe , Paris ; the Charge d ' Affaires of India in Italy and Brazil ; the Envoys Extraordinary and Ministers Plenipotentiary of India in Sweden , Siam and Switzerland ; the Consuls General for India in Batavia , Argentina , Shanghai , Pondicherry , Saigon , Kashgar , New York and San Francisco ; the Deputy High Commissioners for India in the U.K. , Pakistan and Dacca; Agents of the Government of India in Kandy and Kaula Lumpur ; the Consuls for India in Saigon , Goa , Jedda and South Siam Sanghlala; the Vice Consuls for India in Medan and Zehedan; the Indian Political Officer , Sikkim ; the Representative of the Government of India in Singapore ; the Commissioners for the Government of India in Trinidad , Nairobi , Mauritius and Fiji ; the Head of the Indian Liaison Mission , Tokyo ; the Head of the Military Mission in Berlin ; the Indian Government Trade Commissioners in Toronto , Sydney , Mombasa , Colombo , Alexandria , Paris and Karachi ; the Assistant Indian Government Trade Commissioner , Dacon ; The Commercial Secretary to the Indian Legation , Siam ; the Commer- cial Adviser to the High Commissioner in the U.K. , London ; the Commercial Secretaries to the Indian Embassies in Alexandria , Rio-de- Janero , Rangoon , Tehran , Berne and Kabul ; the Assistant Indian Government Trade Commis- sioner , Dacca ; the Commercial Attache to the Indian Military Mission , Berlin ; the Commercial Counsellors to the Indian Embassy in Paris , Prague and Rangoon ; the United States Embassy in India; the Chinese Embassy in India; the Canadian Trade Commissioner in India ; the U.K. Senior Trade Commis sioner in India ; the U. K. Trade Commissioners in India , Calcutta and Bombay ; the Senior Australian Trade Conmmissioner in India ; the Australian Government Trade Commissioner in India ; New Zealand Government Trade Commissioner in India ; the Trade Commissioner for Ceylon in India; the Swiss Trade Commis- sioner in India; the Trade Commissioner for Iran in India ; the Netherland East Indies and Holland Trade Commissioner in India ; the Czechoslovakia Trade Com- missioner in India ; the Danish Government Trade Commissioner in India; the Commercial Attache to the Government of France in India; the Commercial Representative of the Turkish Government in India ; the Commercial Attache to the Government of Egypt in India; the Commercial Secretary in the Italian Embassy in India; the Norwegian Consul General in India; the High Commissioner for Pakistan in India; American Consulate General , Bombay ; the Conuvercial Secretary to the High Commissioner for Canada in Indis ; the Controller General , Department of Trade and Customs , Commonwealth of Australia , Canberra ; the Secretary , Australian Tariff Board , Malbourne ; the United States Tariff Commission , Washington , U.S.A. , the Chief Division of Documents Library , Washington , U.S.A .; the Information Officer . India Office , London : the Chief Secretary to the Government of Madhya Bharat Union , Indore ; the Chief Secretary to the Government of Vindya Pradesh . Rewa; the Chief Secretary to the United State of Rajasthan , Jaipur ; the Chief Secretary to the United State of Saurashtra , Rajkot ; the Chief Secretary to the Patiala 2027
OCT . 18 , 1949
THE GAZETTE OF INDIA EXTRAORDINARY ,
and East Punjab States Union , Patiala ; the Chief Secretary to the Government of Travancore and Cochin Union , Trivandrum ; the Editor , Journal of Scientific and Industrial Research , New Delhi ; the Indian Council of Agricultural Re- search ; the Indian Standard Institution , Delhi ; the Frce India Service , Bombay; the Economic Adviser to the Government of India ; the Economic Adviser to the Rajasthan Union ; the Director General of Commercial Intelligence and Statistics , Calcutta ; the Secretary , Indian Tariff Board , Bombay ; the Secretary , Industrial Finance Corporation of India , New Delhi ; the Secretary , Royal Asiatic Society , Bombay ; Directors of Industries in India ; the Secretary , Indian Council of World Affairs , New Delhi ; Frovincial Motor Transport Controller , Bombay and all recognised Chambers of Commerce and Trade Associations .
ORDERED that a copy be communicated to the Government of Burma .
ORDERED also that it be published in the Gazette of India.
C. C. DESAI ,
Secretary to the Government of India .
PAINTED BY THE MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI , INDIA. PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI, INDIA,