Section 5 in Administration of Mayurbhanj State Order, 1949
5. Laws to be applied.
(a)The enactment specified in the column of the 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 they extend, apply to the State and any provision of any law in force in the State, whether substantive or procedural and whether based on custom and usage or status which is repugnant to any provision or any of the said enactments, shall to the extent of the repugnancy, cease to have effect from the date of commencement of the Order :[Provided that the further modifications and restrictions set forth in the sard Schedule shall be made in the enactments applied ] [Substituted vide Notification No. 13622 dated 7.7. 1949.] :Provided that the powers that were exercised by any authority other than the Ruler of the State under any of those laws prior to the commencement of this Order be exercised by the Revenue Commissioner or by any subordinate authority specially empowered in this behalf by him :Provided further that in the enactments as so applied (except here the context of modifications hereinbefore referred to otherwise required) references to "British India" shall be construed as references to "all the Provinces of India and the Mayurbhanj State".(b)As respects matters which are not covered by the enactments applied to the State under sub paragraph (a) all laws in force in the said State to prior to the commencement of this Order, whether substantive or procedural and whether based on custom and usage or status, shall subject to the provisions of this Order continue to remain in force until altered or amended by an order under the Extra-Provincial Jurisdiction Act, 1947 (XLVII of 1947) :Provided that the powers that were exercised by the Ruler of the State under any of these laws prior to the commencement of this Order shall be exercised by the Provincial Government or any officer specially empowered in this behalf by the Government :Provided further that the powers that were exercised by any authority other than the Ruler of the State under any of those laws prior to the commencement of this Order shall, in case the authority ceases to function on or after the commencement of this Order, be exercised by the Administrator by any subordinate authority specially empowered in this behalf by the said Administrator.Explanation. - In this sub-paragraph the expression "Laws" includes rules, regulations, bye-laws and orders,(c)As respects those matters regarding which the enactments applied under sub-paragraph (a) or the laws continued in force under subparagraph (b) are inapplicable, civil, criminal and revenue jurisdictions in, the State shall be exercised in accordance with the principles of justice, equity and good conscience.
