5. One Act, the Indian Cotton Cess Act, 1923, which was made operative proprio vigore in Berar by the Government of India (Adaptation of Indian Laws) Order, 1937, is also still operative by virtue of an order under the Foreign Jurisdiction Order in Council. This Act has received special treatment in Cl. 3 of the present Bill.
6. Two Acts, the Code of Civil Procedure, 1908, and the Indian Limitation Act 1908. require small modifica lions when operative in Berar owing to the fact that a special law, the Berar Small Cause Courts Law, 1905, takes the place of the Provincial Small Cause Courts Act, 1887, in Berar. These modifications have been effected in the Third Schedule to the Bill. The Fourth Schedule contains a list of Acts in regard to which doubts might arise whether they are or not still operative in Berar. They were at one time applied to Berar, and on the repeal or expiry of the Acts in British India no overt action was taken to cancel the notifications by which their provisions were applied to Berar, - Gazette of India, 1940, Part V, page 247.[17th March, 1941.]An Act to extend certain Acts to Berar.WHEREAS by orders made under the Indian (Foreign Jurisdiction) Order in Council, 1902, the provisions of certain Acts [* * *] [ The words " in force in the Provinces" omitted by the A.O.1950.] have from time to time been applied to, and are now, by virtue of such application, in force in, Berar;AND WHEREAS it is expedient that those and certain other Acts should be extended to, and be, by virtue of such extension, in force in, Berar;It is hereby enacted as follows:-
