THE BENGAL, BIHAR AND ORISSA AND ASSAM LAWS ACT, 1912

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The Bengal, Bihar and Orissa and Assam Laws Act, 1912 was enacted on March 26, 1912 with an intent to create provisions relating to the extension of law in the Fort William Presidency located at Bengal and the Assam, Bihar as well as Orissa Province. For the administrative function of the Fort William Presidency a Governor along with an Executive Council has been assigned. As per the Proclamation which is issued on March 22, 1912 with the approval of the sovereign, from April 1, 1912 the Governor General in Council asserted and assigned that the portions specified as per the Schedule A will remain as such without any change except as per the discretion of the Fort William Presidency. Moreover, the Governor General has also established the territory as provided under the Schedule according to the Indian Councils Act of 1861. It provides that the province shall formulate laws for the proper and efficient functioning of the Government and it shall be extendable as specified and shall also make instructions that the Provinces shall be known to be the Orissa and Bihar province and in addition assign the functions to the Lieutenant Governor.

As per the proclamation issued on March 22, 1912, according to the approval and consent of the Secretary of the State, the Governor General in Council with the immediate notice and administration, the portion specified under Schedule C that is officially added with the Eastern Assam as well as Bengal Province and to change it to the principal Commissioner-ship in the Province of Assam and in addition to entrust the Chief Commissioner to discharge the function assigned to him. It is also essential to apply some of the provisions of the enactment as per the Proclamations; hence the present enactment was framed. The Act came into effect on April 1, 1912. The Proclamation that was issued as mentioned above will not make any alterations in territorial extension of the Act. It shall not consider and take into effect to extent to the portions that are under the control of particular management.

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Likewise, the entire legislation which is formulated by the concerned authority and the directions, plans, regulations, by-laws, notices etc framed or specified as per the legislation that are instantly prior to the implementation of the Act, was enforced or specified for the portions prescribed in the Schedules shall in the extension to such portion be interpreted in the same way as the indications given to the authorities, territory provided in the Schedule were the indications to the officials that are stated or passed on to the reverse in the second column of the Schedule. The Section 4 of the enactment was annulled by enacting the Bihar and Orissa Board of Revenue Act, 1913.

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In order to extend the applicability of the enactment that is initiated prior to the implementation of the present Act to the areas specified in the Schedule and also for giving effect to bye-laws, rules, plans, strategies etc, the Court is at discretion to interpret the laws by any making changes without affecting the main part which is essential to adapt its provisions effectively for the cases which are to be decided by the Court. The State Government is given the power to decide and issue direction to such official who shall discharge the functions. The provisions of the present Act shall not invalidate the matters that are yet to be concluded at the time of initiation of the enactment with regard to the areas mentioned and the matters shall be carried out in the prior manner. The laws and other bye-laws or notifications that are pointed out under the enactment shall be interpreted to pass on to the laws that are adapted and altered according to Article 372 or else Article 372 A of the Indian Constitution.