Section 4 in The Administration of Orissa States Orders, 1948
4. Law to be applied.
(a)The enactments specified in the first column of the Second Schedule hereto annexed shall, so far as circumstances admit and subject to any amendments to which the enactments are for the time being generally subject, in the territories to which may extend, apply to all Orissa states and any provision of any law in force, whether substantive or procedural and whether based on custom and usage or statutes, in any of the Orissa states which is repugnant to any provision of any of the said enactments shall to the extent of the repugnancy, cease to have effect from the date of commencement of this Order :Provided that the further modifications and restrictions set forth in the said Schedule shall be made in the enactments applied :Provided further that for the purpose of facilitating the application in relation to Orissa states of any enactment applied by this Order to the said States or of any notification, order, scheme, rule, form or bye-law passed, issued or made thereunder any Court, Tribunal or Authority may, subject to any express provision of this Order, construe the enactment, notification, order, scheme, rule, form or bye-law with such alteration not affecting the substance as may be necessary or proper to adopt it to the matter before the Court, Tribunal or authority :Provided further that in the enactments as so applied (except where the context or modifications hereinbefore referred to otherwise require), reference to "British India" shall be construed as reference to all the Provinces of India and Orissa State.(b)As respects those matters which are not covered by the enactments applied to the Orissa States under sub-paragraph (a), all laws in force in any of the Orissa States prior to the commencement of this Order, whether substantive or procedural and whether based on custom and usage or statutes, continue to remain in force until altered or amended by an order under the Foreign Jurisdiction Act, 1947 (XLVII of 1947) :Provided that the powers that were exercised by the ruler of each such State under any of those laws prior to the commencement of this Order shall be exercised by the Provincial Government or any other officer specially empowered in this behalf by that Government.Explanation. - ln this sub-paragraph the expression "Law" includes rules, regulations, bye laws and orders :Provided further that the powers exercised by any authority other than the Ruler of such State under any of those prior to the commencement of this Order shall, subject to the provision of paragraph six of this Order, be exercised by the Commissioner or by any subordinate authority specially empowered-in this behalf by the Commissioner in case the authority ceases to function on or after the commencement of this Order.(c)As respects those matters regarding which the enactments applied under the sub-paragraph (a) or the lands continued in sub-paragraph (b) are inapplicable, civil, criminal and revenue jurisdiction in the Orissa States shall be exercised in accordance with the principles of justice, equity and good conscience.
