NOTIFICATION REGARDING SINDH SEPARATION

The

Sindh Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Karachi, Wednesday, April 1, 1936

PART I

Notification by the Government of Sind

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 The enactments specified in the Second Schedule are hereby repealed to the extent mentioned in the fourth column thereof.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

1	a. Government, the Local Government, the Local Government of Bombay, or the Governor of Bombay in Council. b. The Governor or the Governor of Bombay, except in the Bombay university Act, 1928(Bombay Act IV of 1928). c. The Commissioner in Sindh	1.	The Governor of Sind
2	The High Court of Judicature at Bombay or The High Court at the Presidency town.	2	The Court of the Judicial Commissioner of Sind.
3	All officers and official bodies not mentioned in the foregoing clauses (except the Treasurer of Charitable Endowments) whose authority, immediately before the commencement of the said order, extended (whether exclusively or not) over the division of Sind or any part thereof.	3	The same officers or official bodies, or if the Governor of Sind by notification in the local official Gazette under paragraph 17 of the said Order, directed otherwise, then such other officers or official bodies, respectively.
4	The Presidency of Bombay	4	The Province of Sind
5	The Bombay Government Gazette or local official Gazette of the Government of Bombay.	5	The local official Gazette of the Government of Sind.

SECOND SCHEDULE

(See section III)

Enactments Repealed

Year	Number	Subject of Short Title	Extent of repeal
*Local Acts of the Governor General in council in force in the Presidency of Bombay*
1868	V	The Commissioner in Sind (Delegation of Powers) Act 1868	The whole Act
1872	V	The High court’s Jurisdiction (Sind) Act, 1872	The whole Act
1872	XX	An Act to amend the High Court’s Jurisdiction (Sind) Act 1907	The whole Act
1907	IV	The Repealing and Amending (rates and cases) Act 1907	The whole Act
*Acts of the Governor of Bombay in Council*
1867	VII	The Bombay District Police Act 1867	Preamble
1902	IV	The City of Bombay Police Act 1902	Section I (2)

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

POLITICAL AND REFORMS DEPARTMENT

Bombay Castle, 24^th March 1936

No. R.285:- The following notification by the Government of India, Reforms Office, is republished:-

No. f. 20/35-G. (B), dated New Delhi, the 19^th March 1936.

The following Order of the King’s Most Excellent Majesty in Council is published for general information:

The Government of India (Constitution of Sind) Order, 1936

AT THE COURT AT BUCKINGHAM PLACE

The 3^rd day of March 1936

Present:

THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL

Whereas it is provided by sub-section (1) of section two hundred and eighty-nine of the Government of India Act, 1935 (hereafter in this Order referred to as “the Act”), that, as from such date as His Majesty may by Order in Council appoint, Sind shall be separated from the Presidency of Bombay and shall form a Governor’s Province to be known as the Province of Sind:

And whereas by sub-section (2) of the said section His Majesty is empowered by Order in Council to make other provision in connection with the establishment of the Province of Sind:

And whereas a draft of this Order has been laid before Parliament in accordance with the provision of sub-section (1) of section three hundred and nine of the Act, and an Address has been presented to His Majesty by both Houses of Parliament praying that an Order may be made in the terms of this Order:

Now, THEREFORE, His Majesty, in the exercise of the said powers and of all other powers and of all other powers enabling him in that behalf, is pleased by and with the advice of His Privy Council to order, and it is hereby ordered, as follows:-

PART I

INTRODUCTORY

1. This Order may be cited as the Government of India (Constitution of Sind) Order, 1936.

2. The Interpretation Act, 1889, applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

PART II

DEFINITION OF SIND AND DATE OF SEPARATION

3. In the Act and in this Order “Sind” means the territory known at the date of this Order as the Division of Sind, and the boundaries of that Division shall be the boundaries of Sind.

4. (1) The date on which, under sub-section (1) of section two hundred and eighty-nine of the Act, Sind is to be separated from the Presidency of Bombay and form a Governor’s Province shall be the first day of April, nineteen hundred and thirty-six.

(2) The said date is hereafter in this Order referred to as “the appointed day”, and the period beginning on the appointed day and ending immediately before the commencement of Part III of the Act is hereafter in this Order referred to as “the transitional period”

PART III

PROVISIONS WITH RESPECT TO THE TRANSITIONAL PERIOD

Duration

5. The provisions of this Part of this Order shall have effect with respect to the transitional period.

Administration

6. Save as provided by this Order, the Government of India Act and any rules made thereunder shall apply in relation to Sind as they apply in relation to other Governor’s Province.

7. The Governor shall be appointed by his Majesty by warrant under the Royal Sign Manual, after consultation with the Governor-General, and there shall be paid to him an annual salary of sixty-six thousand rupees, and such allowances as they Secretary of State in Council may determine.

8. (1) Sind, shall be governed in relation to all provincial subjects by the Governor and so much of the Government of India Act, and the rules made thereunder as relates to the classification of provincial subjects as reserved and transferred, shall not apply to Sind.

(2) The Governor shall have no executive council and any reference in Part IV of the Devolution Rules to the Governor in Council shall be construed as a reference to the Governor.

(3) The Governor shall be deemed for all purposes to be the Local Government of Sind.

9. (1) There shall be an advisory council consisting of not more than twenty-five members to be nominated by the Governor and of those persons not more than three shall be officials.

(2) The council may advise on all such matters as the Governor may refer to them.

(3) The business of the council shall be conducted by the council or its committees in such manner, and the council and its committees shall be presided over by such persons, as the Governor may direct.

(4) There shall be paid to the members of the Council such allowances as the Governor-General in Council may determine.

(5) So much of the Government of India Act and the rules made thereunder as relate to legislative councils shall not apply to Sind

10. (1) The Governor may, if he thinks fit, appoint one or more members of the advisory council to assist him in such manner as he thinks fit, and there shall be paid to any person so appointed such salary and allowances as may be fixed by the Governor-General in Council.

(2) Any such appointment shall be terminable at the pleasure of the Governor.

Legislation

11. The provisions of section seventy-one of the Government of India Act [except sub-section (4) thereof] shall apply to the whole of Sind and regulations may be made thereunder accordingly.

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

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 parts of 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