THE DELHI LAWS ACT, 1915

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The Delhi Laws Act, 1915 was enacted on March 22, 1915 for the purpose of pronouncing the laws that are to be implemented in some of the territories which were supplemented to the Delhi Province. The Act states that according to the proclamation notified on February 22, 1915 by the Governor General in Council after obtaining the permission and approval of the Secretary of the nation and has taken in the administration and power, the territories stated in the 1st Schedule were added in the United Provinces in Oudh as well as Agra. The Act also aims to add the above mentioned territories to the Delhi Province from April 1, 1915. The provisions of the Act therefore came into effect on April 1, 1915.

The Act provides that all the legislations not including the Acts mentioned in the 2nd Schedule which is initially enforced in the territories that were spelled out in the Schedule A as listed under the Delhi Laws Act of 1912 and other rules, notifications, by laws etc framed or set down in the legislations implemented under the legislations will be considered as enforced in Schedule 1 territories in the similar mode but with some changes in the same way as they are mentioned in the above stated Schedule in the present legislation. The legislations that are denoted on the 3rd Schedule in addition to the notifications, rules, by laws etc that were formulated and precised in the 1st Schedule shall remain as such but the enactments that are thus persisted and in the laws that were formulated accordingly, the references which are made to the Governments of the State or the Oudh and Agra Government or the Revenue Board coming under the Uttar Pradesh State shall be passed on to the Delhi Government. The High Courts constituted for the North Western parts of the country shall extend to the State of Punjab etc shall also be continued as provided under the enactment.

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The Act gives provision to extend the application of some legislation. In order to make possible the extension of some Acts given under Section 3 to those territories provided in 1st Schedule and the authority given as per the provisions of the Delhi Laws Act, 1912 will be exercisable as specified in the enactment. In the saving clause, the Act states that the enactments that are enforced in the Oudh and Agra provinces or the areas coming under the provinces shall be carried out in the territories described in the 1st Schedule. The present act gives provision of the proceedings that are pending. Accordingly, the Act will not impinge on the proceedings that are pending or not settled with respect to the territories specified under the 1st Schedule during the initiation of the Act or other subjects that happen in that territory and all the proceedings shall be carried on in the same way as if the enactment has not been enforced.

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But, the State Government is given the discretionary power after publicizing in the Gazette of India to issue direction with regard to the proceedings whether it is civil matter or criminal issue or related with revenue but excluding the proceedings that are pending in front of the High Court for North-Western provinces and those proceedings shall be transferred and also completed by the concerned authority coming under the Government of Delhi. Section 7 of the enactment was annulled by the Repealing Act of 1938. Under the interpretation clause, it is provided that the provisions of the enactment shall be interpreted and to be considered as part of the Delhi Laws Act of 1912. Hence the present Act forms part of the 1912 enactment and its extension thereof.