The Bombay Special Tribunal (Continuance) Act, 1946.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1946 : Bom. XXI] 1
THE BOMBAY SPECIAL TRIBUNAL (CONTINUANCE) ACT, 1946
[Text as on 7th May 2024]
________________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Definitions.
3. Tribunal’s jurisdiction to try Bombay Cases.
SCHEDULE
2 The Bombay Special Tribunal (Continuance) Act, 1946 [1946 : Bom. XXI
1946 : Bom. XXI] The Bombay Special Tribunal (Continuance) Act, 1946 3
BOMBAY ACT No. XXI OF 19461
[THE BOMBAY SPECIAL TRIBUNAL (CONTINUANCE) ACT, 1946.]
[30th September 1946]
An act to provide for the continuance of jurisdiction and powers in respect of certain
Bombay cases pending before the Second Special Tribunal at Lahore constituted
under the Criminal Law Amendment Ordinance, 1943.
WHEREAS by a notification of the Central Government under section 3 of the Criminal Law
Amendment Ordinance, 1943 (Ordinance No. XXIX of 1943), a Special Tribunal known as the Second
Special Tribunal at Lahore was constituted, and by a notification under section 5 thereof, the two cases
specified in the Schedule to this Act were allotted to it for trial ;
AND WHEREAS the said cases would, but for the promulgation of the said Ordinance and the
issue of the said notification, have been tribal by a court in the Province of Bombay :
AND WHEREAS upon the expir ation of a period of six months after the Proclamation of
Emergency in force at the commence ment of the said Ordinance has ceased to operate, doubts may
arise as to the Competency of the said Tribunal to continue to function and dispose of the said cases in
the event of their net being disposed of before the expiration of the said period ;
AND WHEREAS it is necessary that the said Tribunal should so continue to function and dispose
of the said cases :
IT IS HEREBY enacted as follows :—
1. Short title and commencement.— (1) This Act may be called the Bombay Special Tribunal
(Continuance) Act, 1946.
(2) It shall come into force on the 1st day of October 1946.
2. Definitions.— In this Act,—
(a) “the Ordinance” means the Criminal Law Amen dment Ordinance, 1943 (Ordinance No.
XXIX of 1943) ;
(b) “the Tribunal” means the Special Tribunal known as the Second Special Tribunal at
Lahore constituted by notification of the Central Government under section 3 of the Ordinance.
3. Tribunal’s jurisdiction to try Bombay Cases. — (1) The Tribunal shall have jurisdiction to
try the cases specified in the Schedule to this Act as if it had been constituted by an Act of the
Provincial Legislature.
(2) All provisions of the Ordinance, except sections 1 and 3 and sub-section (1) of section 5, shall
continue in forc e and, so far as may be, apply in relation to the Tribunal and the cases aforesaid,
subject to the modification that the powers of the Central Government under sub -section (3) of section
4 and section 11 shall, as from the commencement of this Act, be powe rs of the Provincial
Government.
(3) The Tribunal shall sit at Bombay :
Provided that the Provincial Government may direct that the Tribunal shall sit at any other place
in the Province of Bombay.
(4) All notification issued, and all appointments and all rules made, by the Central Government
under section 3, sub-section (3) of section 4 and section 11, respectively, of the Ordinance shall, so far
1 For Statement of Objects and Reasons, see Bombay Government Gazette , 1946, pt. V, page 214, for Proceeding s in
Assembly, see Bombay Legislative Assembly Debates, 1946, Vol. IX : and for Proceeding s in Council, see Bombay
Legislative Council Debates, 1946, Vol. X.
4 The Bombay Special Tribunal (Continuance) Act, 1946 [1946 : Bom. XXI
as they apply to the Tribunal, continue in force until superseded or modified by the Provincial
Government under this Act.
(5) For the avoidance of doubt it is hereby declared that all proceedings had before, and all orders
issued by, the Tribunal under the Ordinance before the commencement of this Act shall continue to
have effect, and it shall not be necessary for the Tribunal to recommence any of the said proceedings or
re-issue any of the said orders.
SCHEDULE
[See section 3 (1).]
Serial
No.
Name of the accused person or persons. Offences charged against the accused.
1. (1) Juggilal Kamlapat Gas Plant Manufacturing
Company Ltd., Rampur, through Kailashpat
Singhania, Kamla Tower, Cawnpore.
(2) Juggilal Kamlapat (Rampur) Ltd., through
Kailashpat Singhania, Kamla Tower,
Cawnpore.
(3) Kailashpat Singhania, Kamla Tower, Cawnpore. Rule 81 (4) of the Defence of India
Rules read with Clause 2 of the
Iron and Steel (Movement by Rail)
Order, 1942.
(4) B. B. Mathur, Bandi Bilas, Arya Nagar
Cawnpore.
(5) S. K. Seth, Manager, Juggilal Kamlapat Gas Plant
Manufacturing Company (Rampur) Ltd.,
Kamla Tower, Cawnpore.
2. (1) Juggilal Kamlapat Gas Plant Manufacturing
Company Ltd., Rampur, through Kailashpat
Sighania, Kamla Tower, Cawnpore.
(2) Juggilal Kamlapat (Rampur) Ltd., through
Kailashpat Singhanin, Kamla Tower,
Cawnpore.
(3) Kailashpat Singhania, Kamla Tower, Cawnpore. Rule 81 (4) of the Defence of India
Rules read with Clauses 5 and 8 of
the Iron and Steel (Control of
Production and Distribution)
Order, 1941.
(4) B. B. Mathur, Bandi Bilas, Arya Nagar,
Cawnpore.
(5) S. K. Seth, Manager, Juggilal Kamlapat Gas Plant
Manufacturing Company (Rampur) Ltd.
Kamla Tower, Cawnpore.
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