
 State of Odisha - Act
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 The Orissa Laws Regulation, 1936
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 ODISHA
   
 India
 
 The Orissa Laws Regulation, 1936
==================================
 Act 1 of 1936
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* Published on 1 January 1936
* Commenced on 1 January 1936
 The Orissa Laws Regulation, 1936
 
 Orissa Regulation 1 of 1936
 
 A Regulation to declare the law in force in the State of Orissa.
 
 Whereas it is expedient to declare the law in force in the State of Orissa, it is hereby enacted as follows :
 
### 1. Short title, extent and commencement.
(1) This Regulation may be called the Orissa Laws Regulation, 1936.
 
(2) Sections 3, 3-A, 7 and 13 of this Regulation extend to the whole of the State of Orissa except the districts of Angul and the Khondmals. The remaining sections extend the whole of that State except the said districts and the territories mentioned under the headings "I-In Ganjam" and "II-In Vizagapatam" in Part I of the First Schedule to the Scheduled Districts Act, 1874 (V of 1874).
 
(3) It shall come into force on the 1st day of April, 1936.
 
### 2. Definition.
 - ln this Regulation the expression "areas transferred to Orissa" means areas transferred to the Province of Orissa by the Government of India (Constitution of Orissa) Order, 1936.
 
### 3. Cesser of the Madras District Police Act, 1859 and extension of the Police Act, 1861.
(1) The Madras District Police Act, 1859 (XXIV of 1859) shall cease to have effect and the Police Act, 1861 (V of 1861) shall take effect in the areas transferred to Orissa from the Presidency of Madras.
 
(2) All appointments, rules and orders made, powers and duties conferred or imposed and all other things done under the Madras District Police Act, 1859 (XXIV of 1859) shall be deemed, so far as may be, to have been respectively made, conferred, imposed or done under the Police Act, 1861 (V of 1861).
 
### 3A. Cesser of the Madras Abkari Act, 1886 and extension of the Bihar and Orissa Excise Act, 1915.
(1) The Madras Abkari Act, 1886 (Madras Act I of 1886) shall cease to have effect and the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915) shall take effect in the areas transferred to Orissa from the Presidency of Madras.
 
(2) All appointments, rules and orders made, powers and duties conferred or imposed and all other things done under the Madras Abkari Act, 1886 (Madras Act I of 1886) shall be deemed, so far as may be, to have been respectively made, conferred, imposed or done under the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915).
 
### 4. Cesser of the Madras Civil Courts Act, 1873 and the Central Provinces Courts Act, 1917, and extension of Agra and Assam Civil Courts Act, 1887.
(1) The Madras Civil Courts Act, 1873, and the Central Provinces Courts Act 1917, shall cease to extend and the Bengal, Agra and Assam Civil Courts Act, 1887, shall extend to the areas transferred to Orissa from the Presidency of Madras and the Central Provinces.
 
(2) Ail Courts constituted, appointments, rules and orders made, jurisdiction and powers conferred and other things done under the Madras Civil Courts Act, 1873, or the Central Provinces Courts Act, 1917, shall, so far as may be, be deemed to have been respectively constituted, made, conferred or done under the Bengal, Agra and Assam Civil Courts Act, 1887.
 
### 5. Cesser of Central Provinces Local-Self-Government Act, 1920 and extension of the Central Provinces Local Self Government Act, 1883.
(1) The Central Provinces Local Self-Government Act, 1920, shall cease to extend and the Central Provinces Local Self Government Act, 1883, is hereby extended to the areas transferred to Orissa from the Central Provinces.
 
(2) All notifications, orders, schemes, rules forms and by-laws issued, made or prescribed under the Central Provinces Local Self-Government Act, 1883, are hereby extended so far as they are applicable to the areas transferred to Orissa from Central Provinces.
 
(3) (a) 
 The areas transferred to Orissa from the Central Provinces shall for the purposes of the Central Provinces Local Self-Government Act, 1883, be deemed to be part of the district of Sambalpur and to be under the control and administration of the Sambalpur District Council.
 
(b) The Governor may nominate not more than three persons to be members of the Sambalpur District Council to represent the aforesaid areas and the persons so nominated shall, notwithstanding anything contained in the Central Provinces Local Self-Government Act, 1883, or the rules made thereunder, be deemed to be members of the Sambalpur District Council and shall hold office as such members until representatives of the said areas are elected, in accordance with the Central Provinces Local Self-Government Act, 1883, and the rules made thereunder.
 
### 6. Repeal of Section 3 of the Madras Deputy Collectors Act, 1914.
 - Section 3 of the Madras Deputy Collectors Act, 1914, is hereby repealed.
 
### 7. Construction of certain enactments in force in the State of Orissa.
 - Subject to the provisions of paragraphs 16 and 17 of the Government of India (Constitution of Orissa) Order, 1936, all enactments other than enactments repeated by this regulation made by any authority in British India and all notifications, orders, schemes, rules, forms and by-laws issued, made or prescribed under such enactments, which were immediately before the 1st day of April, 1936, in force in any of the areas comprised in the State of Orissa, in their application to such areas, be construed, as if references therein by whatever form of words to the authorities, territory or Gazette mentioned in Column 1 of the First Schedule were references to the authorities, territory or Gazettes respectively mentioned or referred opposite thereto in Column 2 of the said Schedule.
 
### 8. Certain provisions of law to be inapplicable to notifications, orders, etc.
 - Nothing in any law in force in the State of Orissa which requires that the draft of any notification, order, scheme, rule, form or bye-law shall, before being made by the State Government be laid on the table of, or be approved by the House or Houses of State Legislature or which requires that any objections or suggestions made in any manner whatsoever by such House or Houses with respect to any such draft shall be considered by the State Government or which confers on a House or Houses of a State Legislature the power to make any modifications in any such draft, shall apply to any notification, order, scheme, rule, form or bye-law made or issued by the Government of Orissa.
 
### 9. Repeal of certain enactments.
 - The enactments specified in the Second Schedule are hereby repeated.
 
### 10. Amendments of certain enactments.
 - The enactments specified in the Third Schedule are hereby amended to the extent and in the manner mentioned in the Fourth Column thereof.
 
### 11. Extension of the application of certain enactments.
 - The enactments specified in the Fourth Schedule are hereby extended to the areas specified in Fourth Column thereof.
 
### 12. Extension of application of notifications, orders, etc.
 - AII notifications, orders, schemes, rules, forms and by-laws issued, made or prescribed under any of the enactments mentioned in Column 3 of the Fourth Schedule, are hereby extended, so far as the said notifications, orders, schemes, rules, forms and by-laws are applicable, to the areas respectively mentioned against such enactment in Column 4 of the said Schedule.
 
### 13. Disposal of pending revenue proceedings.
 - Without prejudice to any provisions made in this behalf by or under the Government of India (Constitution of Orissa) Order, 1936, revenue proceedings pending immediately before the 1st day of April, 1936 (including cases where an appeal lies or will lie from a decision made or to be made), in or in respect of any of the areas transferred to Orissa shall, unless the State Government otherwise directs in any case, be continued and disposed of as if the said Order had not been made.
 
### 14. Savings.
 - Save as otherwise provided by this Regulation, the repeal by this Regulation or any enactment shall not affect any Act or Regulation, in which such enactment has been applied, incorporated or referred to, and this Regulation shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand or any indemnity already granted, or the proof of any past act or thing ; nor shall this Regulation affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed.
 
 Nor shall the repeal by this regulation of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.
 
### 15. Provisions as to modification made under Article 372 (2)  of the Constitution.
 - References in this Regulation by whatever form of words, to any Law in force immediately before the commencement of the Constitution of India shall, after such commencement, be construed as references to that law as adapted or modified under Clause (2)  of Article 372 of the said Constitution.
 
 First Schedule
 
 [Section 7]
 
 Construction of enactments
 
|  |  |  |  |
| --- | --- | --- | --- |
| 
 1. (a) | 
 The Local or Provincial Government or the Local
 
 or Provincial Government of Madras or the Local or Provincial
 
 Government of Bihar and Orissa or except in connection with any
 
 revenue matter the Local or Provincial Government of the Central
 
 Provinces
  | 
 1. (a) | 
 The State Government of Orissa.
  |
| 
 (b) | 
 The Governor or the Governor of Madras or the
 
 Governor of Bihar and Orissa or the Governor of the Central
 
 Provinces
  | 
 (b) | 
 The Governor of Orissa.
  |
| 
 2.
  | 
 All officers and official bodies not mentioned
 
 in the foregoing clauses (except the Treasurer of Charitable
 
 Endowments) whose authority extended (whether exclusively or not
 
 immediately before the commencement of the Government of India
 
 (Constitution of Orissa) Order, 1936, over the territories or any
 
 part of the territories mentioned in the First Schedule to the
 
 Order as well as over other territories
  | 
 2.
  | 
 The same officers or official bodies, or such
 
 other officer or official bodies, as the Governor of Orissa may,
 
 by notification in theOfficial Gazetteunder paragraph 17
 
 of the Government of India (Constitution of Orissa) Order, 1936,
 
 direct.
  |
| 
 3.
  | 
 (a)  The Presidency of Madras
  | 
 3. (a) | 
 The areas separated from the Presidency of
 
 Madras and forming part of the Province of Orissa.
  |
| 
 | 
 (b)  The Province of Bihar and Orissa
  | 
 (b) | 
 The areas separated from Orissa the Province of
 
 Bihar and Orissa and forming part of the Province of Orissa.
  |
| 
 | 
 (c)  The Central Provinces
  | 
 (c) | 
 The areas separated from the Central Provinces
 
 and forming part of the Province of Orissa.
  |
| 
 4.
  | 
 TheOfficial Gazetteor theOfficial
 
 Gazetteof the Government of Madras, or theOfficial
 
 Gazetteof the Government of Bihar and Orissa, or theOfficial Gazetteof the Government of the Central
 
 Provinces, or the DistrictGazettepublished in the
 
 districts of Ganjam and Vizagapatam.
  | 
 4.
  | 
 TheOfficial Gazetteof the Government of
 
 Orissa.
  |
 Second Schedule
 
 [See Section 9]
 
 Enactments repealed
 
|  |  |  |
| --- | --- | --- |
| 
 Year
  | 
 Number
  | 
 Subject or short title
  |
| 
 1
  | 
 2
  | 
 3
  |
| 
 PART-I
 
 Bengal Regulation
  |
| 
 1812
  | 
 XVIII
  | 
 The Bengal Leases and Land Revenue Regulation, 1812.
  |
| 
 PART-II
 
 Madras Regulations
  |
| 
 1812
  | 
 XIX
  | 
 The Indian Civil Service (Madras)  Loans Prohibition
 
 Regulation, 1802.
  |
| 
 1819
  | 
 II
  | 
 The Madras State Prisoners Regulation, 1819.
  |
| 
 1881
  | 
 V
  | 
 The Madras Stamp Penalties Regulation, 1881.
  |
| 
 PART-III
 
 Act of the Governor-General in Council
  |
| 
 1912
  | 
 II
  | 
 The Co-operative Societies Act, 1912.
  |
| 
 PART-IV
 
 Bengal Acts
  |
| 
 1864
  | 
 VII
  | 
 The Salt Act, 1864
  |
| 
 1878
  | 
 I
  | 
 The Bengal Salt Act, 1878.
  |
| 
 1880
  | 
 VI
  | 
 The Bengal Drainage Act, 1880.
  |
| 
 1895
  | 
 III
  | 
 The Land Records and Maintenance Act, 1895.
  |
| 
 PART-V
 
 Bihar and Orissa Acts
  |
| 
 1816
  | 
 II
  | 
 The Bihar and Orissa Medical Act, 1916.
  |
| 
 1922
  | 
 V
  | 
 The Bihar and Orissa Private Irrigation Works Act, 1922.
  |
| 
 1922
  | 
 VI
  | 
 The Bihar and Orissa Minor Irrigation Works Act, 1922.
  |
| 
 PART-VI
 
 Madras Acts
  |
| 
 1988
  | 
 I
  | 
 The Local Authorities Loans Act, 1888.
  |
| 
 1914
  | 
 IV
  | 
 The Madras Medical Registration Act, 1914.
  |
| 
 1920
  | 
 IV
  | 
 The Madras Children Act, 1920.
  |
| 
 1923
  | 
 V
  | 
 The Madras State Aid to Industries Act, 1922.
  |
| 
 1926
  | 
 V
  | 
 The Madras Borstal Schools Act, 1925.
  |
| 
 1929
  | 
 XI
  | 
 The Madras Services Commission Act, 1929.
  |
| 
 1931
  | 
 V
  | 
 The Madras Government Roads Traffic Control Act, 1981.
  |
| 
 1934
  | 
 X
  | 
 The Madras Co-operative Land Mortgage Banks Act, 1934.
  |
| 
 PART-VII
 
 Central Provinces Acts
  |
| 
 1915
  | 
 II
  | 
 The Central Provinces Excise Act, 1915.
  |
| 
 1916
  | 
 I
  | 
 The Central Provinces Medical Registration Act, 1916.
  |
| 
 1916
  | 
 II
  | 
 The Central Provinces Land Alienation Act, 1916.
  |
| 
 1920
  | 
 III
  | 
 The Central Provinces Primary Education Act, 1920.
  |
| 
 1922
  | 
 I
  | 
 The Local Authorities Loans (Central Provinces Amendment)
 
 Act, 1922.
  |
| 
 1922
  | 
 II
  | 
 The Central Provinces Municipalities Act, 1922.
  |
| 
 1922
  | 
 III
  | 
 The High School Education Act, 1922.
  |
| 
 1923
  | 
 V
  | 
 The Nagpur University Act, 1923.
  |
| 
 1928
  | 
 IX
  | 
 The Central Provinces Borstal Act, 1928.
  |
| 
 1928
  | 
 X
  | 
 The Central Provinces Children Act, 1928.
  |
| 
 1929
  | 
 I
  | 
 The Opium (Central Provinces Amendment) Act, 1929.
  |
| 
 1930
  | 
 VII
  | 
 The Co-operative Societies (Central Provinces Amendment) Act,
 
 1930.
  |
| 
 1932
  | 
 I
  | 
 The Central Provinces Motor Vehicles Taxation Act, 1932.
  |
| 
 1933
  | 
 IX
  | 
 The Central Provinces Local Fund Audit Act, 1933.
  |
| 
 1933
  | 
 XII
  | 
 The Central Provinces State Aid to Industries Act, 1933.
  |
 Third Schedule
 
 [See Section 10]
 
 Enactments Amended
 
|  |  |  |  |
| --- | --- | --- | --- |
| 
 Year
  | 
 Number
  | 
 Subject or short title
  | 
 Amendments
  |
| 
 1
  | 
 2
  | 
 3
  | 
 4
  |
| 
 PART-I
 
 Bihar and Orissa Acts
  |
| 
 1930
  | 
 II
  | 
 The Bihar and Orissa Motor Vehicles Taxation Act, 1930
  | 
 After Section 13 the following shall be inserted, namely :
  |
| 
 | 
 | 
 | 
 "13-A. Notwithstanding anything contained in this act, a
 
 tax paid in respect of any motor vehicle under the Madras Motor
 
 Vehicles Taxation Act, 1931, in respect of which a licence has
 
 been granted under Sub-clause (1)  of Clause (a) of Sub-section
 
 (3)  of Section 5 of the Madras Motor Vehicles Taxation Act,
 
 1931, by Licensing Officer appointed for the whole or any part
 
 of the areas transferred to Orissa from the Presidency of Madras
 
 shall be valid throughout the whole of Orissa and shall be
 
 deemed, so far as may be, to have been paid under this Act."
  |
| 
 PART-II
 
 Madras Acts
  |
| 
 1931
  | 
 III
  | 
 The Madras Motor Vehicles Taxation Act, 1931
  | 
 After Section 7 the following section shall be inserted,
 
 namely :
  |
| 
 | 
 | 
 | 
 "8. Notwithstanding anything contained in this Act, a
 
 tax paid in respect of any motor vehicle for which a receipt has
 
 been granted under Section 11 of the Bihar and Orissa Motor
 
 Vehicles Taxation Act, 1930, by a Taxing officer appointed under
 
 that Act for the whole or any part of the areas transferred to
 
 Orissa from the Province of Bihar and Orissa or transferred to
 
 Orissa from the Central Provinces shall be valid throughout the
 
 whole of Orissa and shall be deemed, so far as may be to have
 
 been paid under this Act."
  |
 Fourth Schedule
 
 [See Section 11]
 
 Enactments the application of which is extended
 
|  |  |  |  |
| --- | --- | --- | --- |
| 
 Year
  | 
 Number
  | 
 Subject or short title
  | 
 Areas to which extended
  |
| 
 1
  | 
 2
  | 
 3
  | 
 4
  |
| 
 PART-I
 
 Bengal Regulations
  |
| 
 1793
  | 
 XXXVIII
  | 
 The Indian Civil Service (Bengal)  Loans Prohibition
 
 Regulation, 1793
  | 
 The areas transferred to Orissa from the Presidency of Madras
 
 and the Central Provinces
  |
| 
 1818
  | 
 III
  | 
 The Bengal State Prisoners Regulation, 1818
  | 
 The areas transferred to Orissa from the Presidency of Madras
  |
| 
 1823
  | 
 VII
  | 
 The Indian Civil Service (Bengal)  Loans Prohibition
 
 Regulation, 1823
  | 
 The areas transferred to Orissa from the Presidency of Madras
 
 and the Central Provinces
  |
| 
 PART-II
 
 Bihar and Orissa Acts
  |
| 
 1915
  | 
 II
  | 
 The Bihar, and Orissa Excise Act, 1915
  | 
 The areas transferred to Orissa from the Central Provinces
  |
| 
 1923
  | 
 VI
  | 
 The Bihar and Orissa State aid to Industries Act, 1923
  | 
 The areas transferred to Orissa from the Presidency of Madras
 
 and the Central Provinces.
  |
| 
 1926
  | 
 III
  | 
 The Bihar and Orissa Highways Act, 1926
  | 
 The areas transferred to Orissa from the Presidency of Madras
 
 and the Central Provinces
  |
| 
 1930
  | 
 II
  | 
 The Bihar and Orissa Motor Vehicles Taxation Act, 1930
  | 
 The areas transferred to Orissa from the Central Provinces.
  |

