(1) The 1[State] Government may, by notification withdraw this Act, of any part thereof, from any portion of the Santal Parganas 2[Division] and may likewise extend this Act, or any part thereof to the area from which the same has been so withdrawn.
(2) The withdrawal of this Act or any part thereof from any area under sub-section (1) shall not, –
(a) Affect the previous operation of this Act in such area or anything Duly done or suffered there under before such withdrawal; or
(b) affect any right, privilege, obligation or liability acquired, accrued or incurred in such area under this Act before such withdrawal; or
(c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed under this Act with reference to such area before such withdrawal; or
(d) Affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
And any such investigation, legal proceeding or remedy may be instituted continued or enforced and any such penalty, forfeiture or punishment may be imposed as if no such withdrawal had been made.
COMMENTS Section 2–Applicability of Hindu Succession Act. –Provision of Section 2(2) of Hindu Succession Act lay down that this Act does not apply to members of Schedule Tribes. Santals being members of Schedule Tribes.
Governed by the Customary Law in matters of inheritance and succession. A Santal widow cannot make alienation without legal necessity therefor.
[Banset Manjhi v Raimat Majhiain, 1994 (2) PLJR 582].
Section 2–Applicability of B.L.R Act, 1950. –Bihar Land Reforms Act, 1950, is validly applicable to all portions of the Santhal Pargans. The Provisions of Section 3 of Regulation, 1872 are impliedly repealed as a result of the enactment of the the Fifth Schedule of the Constitution of India, and in the absence of any notification under clause (5) of Part B of the Schedule, the jurisdiction of the Bihar Legislature to legislate for the scheduled area of the Santal paragon cannot be doubted. [Bedabala Devi v. State of Bihar, 1953 BLJR 77: AIR 1954 Pat 159 (DB)].