(2) In any Act or in any of the rules, notifications, orders and regulations made or issued thereunder and extended to the Islands by this Regulation,—
(a) any reference to any provision of law not in force, or to anyfunctionary not in existence, in the Islands, shll be construed as a Extension of certain laws of the Islands and their commencement therein.
Repeal and saving.
Extension of rules, orders, etc., under certain laws.
Rules of construction.
SEC. 1] THE GAZET1E OF INDIA EXTRAORDINARY 355 reference to the corresponding law in force, or to the corresponding functionary in existence, in the Islands:
Provided that,—
(1) if any question arises as to who such corresponding functionary is, or
(ii) if there is no such corresponding functionary, the Administrator shall decide as to who such functionary will be and his decision shall be final;
(£>) any reference to the State Government shall be construed as a reference to the Central Government and, unless the Central Government otherwise directs in any case, also as including a reference to the Administrator.
(2) For the purpose of facilitating the application in relation to the Islands of any Act or any rule, notification, order or regulation made or issued thereunder, any court or other authority may construe it in such manner, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.
7. In the Code of Criminal Procedure, 1898 as in force in the Islands,—
(a) after section 408, the following sections shall be inserted, namely: — '4U8A. (7) The appeal referred to in section 408 may be presented to the Administrator who shall forward the same to the proper Appellate Court:
Provided that, before forwarding such appeal, the Administrator shall record thereon the date of its presentation, and if he is satisfied that the circumstances of the case so require, he may, in respect of such appeal, exercise all or any of the powers of the proper Appellate Court under sub-section (1) of section 426 and pass suitable orders.
(2) Every order passed by the Administrator under the proviso to sub-section (1) shall have effect until otherwise directed by the proper Appellate Court.
Explanation,—For the purposes of this section and section 420, "Administrator" means the Administrator of the Union territory of the Laccadive, Minicoy and Amindivi Islands appointed by the President under article 239 of the Constitution,
408B. For the purpose of the computation of the period of limitation an appeal presented to the Administrator under sectior 408A or under section 420, as the case, may be, shall be deemed to be an appeal presented to the proper Appellate Court.';
(b) (i) section 420 shall be re-numbered as sub-section (7) thereof and in sub-section (1) as so re-numbered, for the words "proper Appellate Court' ' , the word "Administrator" shall be substituted;
(ii) after sub-section (1) as so re-numbered, the following subsection shall be inserted, namely: — "(2) On receipt of such petition and copies, the Administrate)!
shall record thereon the date of such receipt and forward the same to the proper Appellate Court.".
Amendment of Act 5 of
1898.
Administrator to receive petition of appeal and exercise powers under section 426.
Appeal presented to Administrator to be deemed to be an appeal presented tc the proper Appellate Court.
356 THE GAZETTE OF INDIA EXTRAORDINAEY [PART II — SEC. 1] THE SCHEDULE [See section 2(a)] Year i 188o 1895 IJIO 1933 1934 1939 No.
2 1 2 15 9 2 19 30 Short title 3 The Kazis Act, 1880.
The Government Grants Act, 1895.
The Indian Electricity Act, 1910, The Children (Pledging of Labour) Act, 1935.
The Indian Dock Labourers Act, 1934.
The Commercial Documents Evidence Act, 1939, V. V. GIRI, President.
N. D. P. NAMBOODIRIPAD, Joint Secy, to the Govt. of India.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS. DELHI, 1970