(This Act was repealed and re-enacted except section 9 and Schedule E by Bom.52 of 1947, s.2.) BOMBAY ACT No. XVII OF 1945. (For the Statement, see Bombay Government Gazette, 1945, Pt. V, page 147)

[THE GREATER BOMBAY LAWS AND THE BOMBAY HIGH COURT (DECLARATION OF LIMITS) ACT, 1945.]

[15^th August 1945.]

Amended by Bom.52 of 1947.

Amended by Bom.8 of 1950.

(Section 7 of Bom.8 of 1950 reads as under:—

Pending Proceedings

“7. Notwithstanding anything contained in the foregoing provisions of this Act and the inclusion of the areas specified in Part III of Schedule A to the said Act in Greater Bombay but save as expressly provided by the provisions of the Bombay Municipal (Extension of Limits) Act, 1950—

(1) all proceedings pending immediately before the date on which this Art comes into force in any civil or criminal court, or before any tribunal, public authority, or officer, shall be continued in that court., or before that tribunal, authority or officer as if this Act had not been passed and that court, tribunal, officer or authority shall have for the purposes of the said proceedings, all jurisdiction and powers which it or he had immediately before the day on which this Act comes into force ;

(2) an appeal or application for revision in respect of any proceedings so pending in any court, or before any tribunal, authority or officer shall be to the court, tribunal, officer or authority, which would have appellate or revisional jurisdiction, as the case may be, and that court, tribunal, authority or officer, shall entertain and dispose of the appeal or application as if the proceedings were instituted in that court or before that tribunal, authority or officer before the day on which this Act comes into force;

(3) all applications for the execution or enforcement of a decree or order of any court tribunal, authority or officer passed immediately before the day on which this Act comes into force and all other applications arising out of such decree or order shall be made to and disposed of by such court, tribunal, authority or officer, as if this Act had not been passed:

Provided that if in consequence of this Act, any such court, tribunal, authority or officer has been superseded or has ceased to exist, such proceeding or any appeal or revisional application or any other applications in such proceeding shall lie to or be disposed of by such authority as the State Government directs.”.)

Adapted and modified by the Adaptation of Laws Order, 1950.

Amended by Bom.57 of 1956.

WHEREAS it is expedient to extend the limits of the City of Bombay by including therein some portion of the Bombay Suburban District; AND WHEREAS it is necessary to constitute the whole of the said area into an area hereinafter called the Greater Bombay;

AND WHEREAS clause II of the Letters Patent of the High Court of Judicature at Bombay dated the 28^th December 1865 provides that the said High Court shall have and exercise ordinary original civil jurisdiction within such local limits as may from time to time be declared and prescribed by any law made by the Governor of Bombay in Council; AND WHEREAS under the provisions of the Government of India Act, 1935, the Provincial Legislature of Bombay is competent to declare and prescribe the local limits of such jurisdiction;

AND WHEREAS the Governor of Bombay has assumed to himself under the Proclamation dated the 4^th November 1939 issued by him under section 93 of the Government of India Act, 1935, the powers vested by or under the said Act in the Provincial Legislature;

NOW, THEREFORE, in exercise of the said powers, the Governor of Bombay is pleased to make the following Act:—

Short title and commencement

1. (1) This Act may be called the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945.

(2) It shall come into force with effect from such date (1^st Day of October 1945 vide, G.N.H.D.No.1007/4-VII, dated the 30^th August 1945) as the (This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950) [State] Government may, by notification in the Official Gazette, appoint.

Definitions

2. In this Act,—

(1) “City of Bombay” means the area within the local limits of the ordinary original civil jurisdiction of the High Court immediately before the commencement of this Act;

(2) “Greater of Bombay” means the areas for the time being specified in Schedule A;

(3) “High Court” means the High Court of Judicature at Bombay;

(4) “Letters Patent” means the Letters Patent of the High Court dated the 28^th December 1865;

(5) “Schedule” means Schedule appended to this Act.

Extension of enactments to Greater Bombay

3. (1) Such provisions, or such parts of the provisions,—

(a) of any enactment relating to any of the matters enumerated in Lists II and III in the Seventh Schedule to (These words were substituted for the words and figures “the Government of India Act, 1935 made by any authority in British India, or” by Bom.57 of 1956, s.2) [the Constitution, made by any authority in India, or]

(b) of any notification, order, scheme, rule, form or by-law issued, made or prescribed under any enactment of the class referred to in clause (a),

as were in force immediately before the commencement of this Act in the area comprised in the City of Bombay (in whatever manner described, whether a City of Bombay, Town of Bombay. Town and Island of Bombay, Islands of Bombay and Kolaba, Presidency-town, Presidency-town of Bombay, Collectorate of Bombay or otherwise) but not in the other areas comprised in Greater Bombay are hereby declared to be in force in all the areas comprised in Greater Bombay, and all references to the said City, in whatever manner described, in the said provisions of the enactments, notifications, orders, schemes, rules, forms and by-laws shall be deemed to be references to Greater Bombay.

(2) Nothing in sub-section (1) shall—

(a) apply to any provisions made by or under the enactments specified in Schedule 13 and Schedule C;

(b) affect the right of any competent authority to repeal, amend or cancel any enactment, notification, order, scheme, rule, form or by-law referred to in sub-section (1).

Extension of enactments to extended limits of Greater Bombay

(Section 3A was inserted by Bom.57 of 1956, s.3)) [3A. (1) Such provisions, or such parts of the provisions,—

(a) of any enactment relating to any or the matters enumerated in Lists II and III in the Seventh Schedule to the Constitution, or

(b) of any notification, order, scheme, rule, form or by-law issued, made or prescribed under any enactment of the class referred to in clause (a),

as were in force immediately before the date of the commencement of the Greater Bombay Laws and the High Court (Declaration of Limits) (Amendment) Act, 1956, in the area comprised in Greater Bombay before that date, are hereby declared to be in force in all the areas comprised in Part IV of Schedule A on and after that date; and accordingly all references on or after that date to Greater Bombay in the said provisions of the enactments, notifications, orders, schemes, rules, forms and bye-laws shall be deemed to be references to the areas comprised in Part IV of Schedule A after that date.

(2) Nothing in sub-section (1) shall—

(a) apply to any provisions made by or under the enactments specified in Schedules B and C,

(b) affect the right of any competent authority to repeal, amend or cancel any enactment, notification, order, scheme, rule, form or bye-law referred to in sub-section (1).]

Certain enactments not to be in force in the added areas

4. (1) The enactments mentioned in Schedule D and all notifications, orders, schemes, rules, forms and by-laws made, issued or prescribed thereunder shall cease to apply to, or to be in force in the areas specified in (These words and figures were substituted for the word and figure “Part II” by Bom.8 of 1950, s.2) [(These words and figures were substituted for the word and figures “Parts II and III” by Bom.57 of 1956, s.4) [Parts II, III and IV]] of Schedule A.

(2) Nothing in sub-section (1) shall affect,—

(a) the right of any competent authority to direct that any enactment, notification, order, scheme, rule, form or by-law referred to in the said sub-section shall apply to or be inform in the areas referred to in the said sub-section or to make, issue or prescribe any notification, order, scheme, rule, form or by-law under any such enactment; or

(b) the operation of any such enactment, notification, order, scheme, rule, form or by-law before the commencement of this Act; or

(c) any right, privilege, obligation or liability acquired, accrued of incurred under any such enactment, notification, order, scheme, rule, form or by-law before the commencement of this Act.

Alteration of limits of certain villages

(Section 4A was inserted by Bom.8 of 1950, s.3) [4A. Notwithstanding anything contained in the Bombay Land Revenue Code, 1879, and in any order or notification V made or issued thereunder,—

(a) the lands specified in Part I of Schedule E shall, on and from the date of the coming into force of the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) (Amendment) Act, 1950, be excluded from the limits of the village of Maas in the Bombay Suburban District and shall be included in and form part of the village of Goregaon;

(b) the lands specified in Part II of the said Schedule shall, on and from the said date, be excluded from the limits of the village of Marol in the Bombay Suburban District and shall be included in and shall form part of the village of Parajpur;

(c) the lands specified in Part III of the said Schedule shall, on and from the said date, be excluded from the limits of the village of Marol in the Bombay Suburban District and shall be constituted a new village to be called the village of Maroshi.]

Declaration of limits of jurisdiction of the High Court

5. (1) The High Court shall have and exercise ordinary original civil jurisdiction within the areas for the time being comprised in Greater Bombay.

(2) Save as otherwise provided in this Act, nothing in sub-section (1) shall affect—

(a) the jurisdiction of the High Court as a Court of Admiralty or Vice Admiralty under clauses 32 and 33 of the Letters Patent or under the Territorial Waters Jurisdiction Act, 1878, or otherwise exercisable by it in connection with prize matters or other maritime questions arising in India;

(b) any right or liability of any Government or any local authority or person, except in regard to the exercise of jurisdiction and any legal consequences thereof.

Pending proceedings

6. Notwithstanding anything contained in this Act all proceedings pending in any court in (These words were substituted for the words “Greater Bombay” by Bom.8 of 1950, s.4) [the areas specified in Parts I and II of Schedule A] and all other proceedings of whatever nature pending before any public officer, (The words “in or in respect of any of the areas comprised in Greater Bombay” wee deleted, by Bom.52 of 1947, s.2 and Schedule) * * * * at the date of the commencement of this Act (including proceedings where an appeal or an application for revision lies or will lie from a decision made or to be made), (These words were inserted, ibid.) [if such other proceedings are pending in any of the areas (These words were substituted for the words “Greater Bombay” by Bom.8 of 1950, s.4) [specified in Parts I and II of Schedule A] or are pending in respect of any such areas] shall be disposed of by such authority as the (This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950) [State] Government may direct and in the absence of such direction any such proceedings shall be continued and disposed of as if this Act had not been passed.

Amendment of entries in Schedules A and C

7. (1) The (This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950) [State] Government may, from time to time, with the concurrence of the High Court by notification in the Official Gazette, add to, alter or amend the entries in Schedule A, so far as may be necessary in consequence of reclamation, encroachment by sea, submergence of water-course or other alterations of sea limits or correct mistakes in the said Schedule and the said Schedule shall, on the issue of such notification, be deemed to be amended accordingly.

(2)The (This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950) [State] Government may, from time to time, by Notification in the Official Gazette, add to, alter or amend the entries in Schedule C and the said Schedule shall on the issue of such notification be deemed to be amended accordingly.

Definitions in Central Acts relating to certain matters

8. In all Central Acts and Regulation relating to any of the matters enumerated in Lists II and III in the Seventh Schedule to the Government of India Act, 1935, passed before the commencement of this Act, unless there is anything repugnant in the subject or context,—

(1) “City of Bombay” shall mean the area within the local limits of the ordinary original civil jurisdiction of the High Court immediately before the commencement of this Act;

(2) “Presidency town of Bombay”, “town of Bombay”, “town and Island of Bombay” and “Presidency town” when used with reference to the Province of Bombay, or “Greater Bombay” shall mean the areas for the time being specified in Schedule A.

Amendments of certain enactments

(This section was inserted by Bom.8 of 1959, s.5) [9. The enactments specified in the second column of Schedule F shall be amended in the manner and to the extent specified in the third column thereof.]

SCHEDULE A

Areas comprised in Greater Bombay

See section 2 (2).1

Part I.

1. The Town and Island of Bombay.

2. The limits of the Port of Bombay as defined in the Government Notification in the Political Department, No. 6204, dated the 6^th June 1930, issued under section 5 of the Indian XV of 1908, Ports Act, 1908.

Part II.

1. The limits of the municipal boroughs of Bandra, Parle-Andheri and Kilda and of the municipal districts of Ghatkopar-Kirol and Juhu.

2. The undermentioned 28 villages of the Bombay Suburban District:—

1. Bhandivali

2. Chembur.

3. Vadawli

4. Ambivali

5. Chakala

6. Trombay

7. Bapnala

8. Brahmanwada

9. Mandala

10. Mankhurd

11. Man Budruk

12. Mulgaon

13. Vesava

14. Madh

15. Devnar

16. Borle

17. Mahul

18. Anik

19. Kole-Kalyan

20. Marol

21. Mohili

22. Maravali

23. Mogro

24. Sluihar

25. Nanala

26. Saki

27. Asalpe (Asap)

28. Kondivate

(Part III was inserted by Bom.8 of 1950, s.6(i) [Part III

The undermentioned villages of the Bombay Suburban District:—

1. Bhandup

2. Chendavli

3. Hariali

4. Kanjur

5. Kopri (near Pawai)

6. Majas (as constituted by section 4A of this Act)

7. Oshivra

8. Parajapur (as constituted by section 4A of this Act)

9. Paspoli

10. Pawai

11. Tirandaj

12. Tungve

13. Vikhroli

14. Vyaroli

(Part IV was inserted by Bom.57 of 1956, s.5) [Part IV

The undermentioned villages of the Thalia District:—

1. Akse

2. Akurli

3. Arey

4. Borivali

5. Charkhop

6. Chinchavali

7. Dahisar

8. Darivli

9. Dindoshi

10. Eksar

11. Gundgaon

12. Gorai

13. Goregaon

14. Kaneri

15. Kandivli

16. Kurar

17. Klerbad

18. Magathane

19. Malad

20. Malavni

21. Mandapeshwar

22. Manori

23. Marve

24. Maroshi

25. Mulund

26. Nahur

27. Pahadi

28. Poisar

29. Sai

30. Shimpoli

31. Tulshi

32. Wadhawan

33. Valnai

34. Yerangal

Provided that for the purpose of section 43-C of the Bombay Tenancy and Agricultural Lands Act, 1948, the expression “Greater Bombay” in the said section shall not he deemed to include the villages specified in Part IV of this Schedule.]

(This Note was substituted for original, by Bom.8 of 1950, s.6(ii)) [Note.—The limits of the above areas comprising Greater Bombay are shown by a purple tine on three plans signed by the Secretary to Government, Home Department, one of which is deposited with the Prothonotary of the High Court. one with the Municipal Commissioner of Greater Bombay and the third with the Secretary to Government, Home Department.]

(This Schedule was substituted for the original by Bom.8 of 1950, s.8) [SCHEDULE B.

Enactments which are not affected try this Act.

[See section 3(2)]

SCHEDULE C.

Enactments which are not affected by this Act

[See section 3(2).]

Central Act.

All Central Ordinances.

SCHEDULE D

Enactments which shall cease to apply to or to be in force in the areas (These words, figures and letter were substituted for the words, figure and letter “specified in Part Ii of Schedule A” by Bom.57 of 1956, s.6) [specified in Parts II, III and IV of Schedule A.]

[See section 4(1)]

(Schedule E and F were inserted by Bom.8 of 1959, s.11)[SCHEDULE E.

(See section 4A).

LANDS

PART I

SCHEDULE F.

(See section 9.)

Enactments amended.