NOTIFICATION REGARDING SEPARATION

The Sindh Government Gazette

EXTRAORDINARY PUBLISHED BY AUTHORITY

Karachi, Wednesday, April 1, 1936

The  following notification by the Government of India, Legislative Department, is republished:-

No. 144/36-P, dated New Delhi, the 1^st April 1936

Whereas by the Government of India (Constitution of Sind) Order, 1936, His Majesty has been pleased to direct that the provisions of section 71 of the Government of India Act (except sub-section 4 thereof, hereinafter called “the said section”, shall apply to the whole of Sind; And whereas the Local Government of Sind has proposed to the Governor General in Council a draft of the following Regulations, together with the reasons of proposing the same; And whereas the Governor general in Council has taken the said draft and reasons into consideration and has approved the draft and the same has received the assent of the Governor General on the first day of April 1936’ In the pursuance of the direction contained in sub-section (2) of the said section, the said Regulation is published in the Gazette of India.

REGULATION No VI of 1936

A REGULATION to “Declare the law in force in the Province of Sind”

Whereas it is expedient to declare the in force in the Province of Sindh; It is hereby enacted as follows:-

I.                   (1) This Regulation may be called Sind Laws regulation,1936

(2) It shall come into force on the 1^st day of April 1936

The Sind Government Gazette, Extra, April 1 1936

II.                All enactments and all notifications, orders, schemes, rules, forms, bye-laws or other documents, made or prescribed under enactments, which immediately before the coming into force of this Regulation, where in force in the Division of Sind as a part of the Presidency of Bombay, and which contained any reference to any of the authorities       , territory or Gazettes mentioned in column I of the First Schedule hereto, shall, in their application to the Province of Sind, be construed as if all such references were referencesto authorities, territory or Gazettes respectively mentioned opposite thereto in column 2 of that schedule.

III.             The enactments specified in the Second Schedule are hereby repealed to the extent mentioned in the fourth column thereof.

IV.            Notwithstanding anything contained in section 2, the Karachi Port Trust Act, 1886, shall in its application to the Province of Sind, construed as amended by the third Schedule and as if references in the said Act to government or Governor in Council, to the Bombay Government Gazette, to the Accountant General, Bombay, and to the Commissioner where references to the Governor-General in Council, to the Gazette of India, to the Comptroller, Sind and to such officer as the Governor-General in Council may appoint in this behalf, respectively; and where anything done under the said Act is in force immediately before the commencement of this Regulation, it shall be deemed, as from such commencement, to have been done under the said Act as so construed.

FIRST SCHEDULE

(See section II)

Construction of enactments

SECOND SCHEDULE

(See section III)

Enactments Repealed

THIRD SCHEDULE

(See section 4)

Amendments of the Karachi Port Trust Act, 1886

1.     In clause (2) of the proviso to section 27 of the Karachi Port Trust Act, 1886, hereinafter referred to as the said Act, the words “with the approval of the Governor General in Council” shall be omitted.

2.     In section 59-A o the said Act, the words “and of the Governor General in Council” shall be omitted.

3.     In the sub-section (2) of 59-B of the said Act

a.     The words “with the previous consent of the Governor General of India in Council” shall be omitted;

b.     In clause (i) of the proviso, all the words following the word “Government” shall be omitted; and

c.      Clause (ii) of the proviso shall be omitted.

4.     In section 59-E of the said Act the word “with the previous sanction of the Governor General in Council” shall be omitted.

5.     In clause (4) of section 61 of the said Act for the word “Government”, where it first occurs, the words “the Governor of Sind” shall be substituted.

I assent this regulation

              The 1st April 1936                                 WILLINGDON,

                                                          Viceroy and Governor-General

                                                By order of His Excellency the Governor of Sindh,

                                                                   H.K. KIRPALANI,

                                                          Chief Secretary to Government

Finance

1.                              (1)        The Governor shall, before or as soon as may be after the beginning of each financial year falling wholly or partly within the transitional period, cause a statement of the estimated annual receipts and expenditure of Sind for that year together with proposals for appropriation of the revenues of Sind to be laid before the advisory council for general discussion, but no item shall be submitted to the vote of the council and after the discussion the Governor shall authenticate under appropriate heads the amounts of the appropriations, and thereupon expenditure may be undertaken accordingly.

               (2)        During any period in any financial year preceding the authentication aforesaid, expenditure for that year may be undertaken in respect of such matters and within such limits as the Governor may, from time to time, by written order determine.

2.      If in any financial year further expenditure from the revenues of Sind becomes necessary over and above the expenditure authorized under the last preceding paragraph for that year, the Governor shall cause a supplementary statement showing the estimated amount of that expenditure to be laid before the advisory council, and the provisions of that paragraph shall apply with any necessary modifications with respect to that statement and that expenditure.

3.      Subject to such instructions as the Governor-General in Council may issue, the Governor shall make such arrangements as he deems necessary for the control of expenditure out of the revenues of Sind, and Part III of the Devolution Rules (which relates to finance departments) shall not apply to Sind.

4.                              (1)        In the table of annual assignments for famine relief set out in paragraph one of Schedule  IV to the Devolution                   Rules, for the entry: -

“Bombay…………………………………     12,00,000”

              there shall be substituted the following entry:-

            “Bombay………………………………..       10,75,000”

             and the following entry shall be added:

            “Sind………………………………….            1,25,000”

               (2)        In the table of accumulated totals set out in paragraph five of the said Schedule IV, for the entry:-

                           “Bombay……………………………….        75,00,000”

                           there shall be substituted the following entry:-

                          “Bombay………………………………..       63,00,000”     

                                         and the following entry shall be added:-

                                        “Sind……………………………………       12,00,000”

5.                              (1)        There shall be a Revenue Commissioner for Sind who shall discharge such functions as the Governor may, with                the previous sanction of the Governor-General in Council, from time to time, assign to him, and any provision in              force immediately before the appointed day contained in or made under any enactment shall have effect                            accordingly.

            (2)           Any revenue appeals pending immediately before the appointed day in relation to any matter in Sind shall be                  transferred to, and disposed of by, such persons as the Governor may, with the previous sanction of the                              Governor-              General in Council, direct.

Other Matters.

1.                             The Governor may, from time to time, by notification in the local official Gazette, direct what officer (other than the Revenue Commissioner) is to exercise in Sind any functions exercisable by virtue of any provision in force immediately before the appointed day contained in or made under any enactment, and any such provisions shall have effect accordingly.

2.                           The provisions of the First Schedule to this Order shall have effect with respect to the legislative council of Bombay.

PART IV.

MISCELLANEOUS

6.                              The Council of State Electoral Rules and the Legislative Assembly Electoral Rules and any Regulations applied thereby shall, until amended by competent authority, continue to have effect as if Sind had not been separated from Bombay.

                  Provided that anything required by those rules or regulations to be done by the Governor, the Local Government or officials of Bombay shall either generally or as respects any particular area or any particular matter, be done by such Governor, Local Government or officials as the Governor General in Council may direct.

20.                          (1)        There shall be an apportionment of assets and liabilities between Sind and the Presidency of Bombay, and the apportionment shall be made in      accordance with the provisions contained in the Second Schedule to this         Order.

(2)       Any dispute arising under the said provisions shall be referred to and          decided finally by the Secretary of State in Council, or, after the           commencement of Part III of the Act, the Secretary of State.

21.                                              For the avoidance of doubt it is hereby declared that all persons serving under the   Crown immediately before the appointed day, or in connection with the affairs of,      the Presidency of Bombay may be required to serve in, or in connection with the affairs of, either Bombay or Sind, subject, however, to any conditions for their protection prescribed by the Governor General in Council, either generally or in relation to any particular persons or classes of persons.

22.                         Any appointment made under Part III of this Order of a person to be governor of Sind, shall, as from the commencement of Part III of the Act, have effect as if it were an appointment made under section forty-eight thereof.

23.                   Until other provision is made under the Act, any officer who, immediately before the commencement of Part III of the Act, was exercising any functions by virtue of anything done under Part III of this Order, shall continue to exercise those   functions.

24.           The provision of this Order shall not be deemed to have effected any change in the territorial application of any enactment, notwithstanding that enactment is expressed to apply or extend to the territories for the time being under a particular administration:

Provided that nothing in this paragraph shall be construed as affecting the power   to make regulations for Sind under section seventy-one of the Government of India Act as applied by this Order.

25.           For the purpose of facilitating the application in relation to Sind of any enactment, notification, order, scheme, rule, form or by-law passed, issued or made before appointed day, any court may, subject to any express provision of this Order, construe the enactment, notification, order, scheme, rule, form or by-law with such alternations not affecting the substance as may be necessary or proper to into the matter before the court.

FIRST SCHEDULE

PROVISIONS AS TO LEGISLATIVE COUNCIL OF BOMBAY.

1.               In this Schedule the expression “the Council” means the Legislative Council of      Bombay.

(1)    On the appointed day the constituencies mentioned in sub-paragraph (2) of this paragraph shall cease to be constituencies returning members to sit in the Council, the persons who immediately before that date are members for the said constituencies shall vacate their seats and the number of elected members of the Council and the total number of members thereof shall be reduced to sixty-seven and ninety-five respectively.

(2)                The constituencies referred to in the preceding sub-paragraph are the following,     namely: Karachi City, Eastern Sind, Western Sind, Karachi City (Muhammadan),     Hyderabad District (Muhammadan), Karachi District (Muhammadan), Larkana     District (Muhammadan), Sukkur District (Muhammadan), Thar and Parkar       District (Muhammadan), Nawabshah District (Muhammadan), Upper Sind             Frontier District (Muhammadan), Jagirdars and Zamindars (Sind), Karachi   Chamber of Commerce.

3.     (1)            For the purpose of the rules with respect to the qualifications of electors, and                     eligibility for election, for the Presidency (European) constituency and the Bombay University constituency, residence in Sind shall, as from the appointed day, cease to be regarded as residence in the Presidency, and, if a by-election falls to be held for either of the said constituencies between the appointed day and the completion of the next general revision of the electoral roll for that constituency, a person who is included in that role by virtue of residence in Sind shall not be entitled to vote or be eligible for election.

(2)        A person who immediately before the appointed day is a member for either of the said constituencies shall continue to represent that constituency as if he had been elected to represent that constituency as altered by the preceding sub-paragraph, and, notwithstanding that his residence may be in Sind, shall, until the next dissolution of the Council, be deemed to have been, and to be, duly qualified to be so elected and to be a member for the constituency as so altered.

SECOND SCHEDULE

PROVISIONS AS TO APPOINTMENT

1.                Subject to the provision of this Schedule relating to certain unissued stores, all land, works, forests, buildings and contents of buildings shall remain the property of, or, as the case may be, pass to, the Province in which they are situated.

2.               Arrears of taxes shall belong to the Province in which the taxed property is situate or the taxed transactions took place.

3.               Of the outstanding Bombay Irrigation Debt incurred before the first day of April, nineteen hundred and twenty-one, twenty-seven million, four hundred and ninety six thousand, three hundred and eighty-four rupees shall be the debt of Sind and the remainder shall be the debt of Bombay.

4.              Of the outstanding debt on account of the Lloyd Barrage and Canals System:-

(a)    Neither Province shall be responsible for the amount outstanding on account of Nasirabad section;

(b)   Seventy-three thousand, six hundred and eighty-seven rupees shall be deemed to be outstanding Irrigation Debt for the purposes of paragraph three and shall be dealt with thereunder; and

(c)    The remainder of the debt shall be the debt of Sind alone.

5.           The outstanding Bombay debt on account of the Bombay Development Scheme                     shall be the debt of Bombay alone.

6.              Subject as aforesaid, as respects the outstanding Bombay debt incurred since the end of March, nineteen hundred and twenty-one, on account of works classified as (1) productive irrigation works, (2) other productive works, (3) unproductive irrigation works and (4) other unproductive works:-

(a)In so far as the requisite information is forthcoming, the debt shall be                                     allocated year by year and class by class between the two Provinces                                                according to the location of the works on which the money borrowed was spend;

(b)The remainder of the debt shall be allocated year by year and class by        class between the two Provinces in proportion to the gross amounts spend since the end of Mach, nineteen hundred and twnty-one, on works or partsof works in the respective Provinces, not being works or parts of works otherwise taken into account under this and the two last preceding paragraphs:

Provided that for the purpose of sub-paragraph (b) of this paragraph no account shall be taken of works or parts of works, the cost which is known to have been wholly defrayed otherwise than from borrowed money.

7.              Any sums due on or after the appointed day in respect of loans made before the appointed day from the Provincial Loans Account shall belong to the Province in which the persons from whom the sums are due were resident on the appointed day and each Province shall be liable for so much of the debt on account of the Provincial Loan Account as is equal to the total of the capital sums repayable to that Province under this paragraph.

8.             Of the Famine Relief Fund, an amount equal to fifteen per cent, of the difference between the gross balance of the Fund and the amount due to the Fund from the Provincial Loan Account shall be paid to the Sind Famine Relief Fund and the remainder shall continue in the Bombay Famine Relief Fund.

9.            So much of the Road Development Fund as together with the amount spend in Sind before the appointed day from that Fund, excluding amounts spend in the financial year 1931-32 on the maintenance of roads, will amount to one quarter of the gross receipts of that Fund since its institution, shall belong to Sind and the remainder shall belong to Bombay.

10.        Borrowed money, unexpanded on the appointed day, together with the corresponding liability shall be divided between the two Provinces in such manner as may be mutually convenient to them.

11.        Reserve funds shall be divided between the two Provinces according as the purposes of the funds are purposes of the one Province or the other.

12.      If and in so far as any item in suspense is ultimately found to affect any capital head referred to in the foregoing paragraphs of the Schedule, it shall be dealt with in accordance with the provisions of the relevant paragraph.

13.      Any substantial quantities of unissued stores of any class shall be divided between the two Provinces in proportion to the indents for stores of that class made in the three years immediately proceeding the appointed day for the areas comprised in those Provinces respectively.

14.   (1)  Subject to the adjustment mentioned in sub-paragraph (3) of this paragraph,           liabilities in respect of pensions granted before the appointed day shall, in the         case of pensions which, immediately before the appointed day, were being     paid from treasuries in Sind, be liabilities of Sind, and in other cases be    liabilities of Bombay.

(2)   Subject to the said adjustment, liabilities in respect of pensions granted after the appointed day shall be liabilities of the Province granting the pension.

      (3) There shall be computed in each month after the appointed day the total     liabilities of each Province:

            (a)        in respect of pensions granted before the appointed day;

            (b)        in respect of so much of any pensions granted after the appointed day                    as is attributable to service before the appointed day,

                        and Sind shall pay to  Bombay monthly the amount by which the total                    liability of Bombay for that month exceeds eighty-five per cent, of                               the total liability of both Provinces for that month.

(4)    Any question as to how much of any pension is attributable to service                     before the appointed day shall be determined by comparing the length of               the service of the officer in question before the appointed day with the                     length of his service after the appointed day.

(5) Nothing in this paragraph shall be taken as prohibiting the payment from                 treasuries in the one Province of pensions which are the liability of the other, and if any pensions are so paid, the necessary adjustments shall be made between the two Provinces.

15.            (1)         The benefit or burden of any assets or debts not dealt with in the foregoing  provisions of this Schedule shall be attributed, as to eight-five per cent,             thereof to Bombay and as to fifteen per cent, thereof to Sind.

(2)        The provisions of this paragraph shall apply to any debt attributable to                              pensions or the commutation of pensions notwithstanding that debt has been           debited to the capital head “Construction of irrigation, navigation,    embankment and drainage      works”, and the provisions of this Schedule    relating to debts on account of works shall have effect accordingly.

16.       (1)        The provisions of this paragraph shall, for the twenty-five years commencing on the appointed day, have effect with respect to Government hospitals and educational institutions in Bombay (including any therapeutic institutes, Borstal  Institutions and reformatory schools) which before the appointed day served Sind as well as the rest of Bombay.

                        (2)        There shall be reserved for Sind either:

(a)the specific number of places reserved for residents in Sind immediately before the appointed day; or

(b)if a specific number of places was not so rerserved, a number of places as near as may be equal to the average number of           places filled by residents in Sind during the three years  immediately preceding the appointed day.

(3)        The charge to be made for admittance to the places aforesaid shall be calculated on a cost basis, account being taken of the pensions which will ultimately be payable to and in respect of the staff and of debt  outstanding on, or incurred after, the appointed day, but no account being otherwise taken of capital expenditure incurred before the appointed day:

Provided that the charge made for admittance to the said places shall in no case exceed that made in respect of other persons resident outside Bombay.

(4)        If for any five consecutive years after the appointed day Sind fails to fill any of the places so reserved, the right of Sind to that place shall lapse.

                                                                        (Signed) E. CONRAN SMITH

                                                                                    Additional Joint Secretary