Central

Section 8 of The Laws Local Extent Act, 1874

Nothing herein contained shall---

(a)bar the power of the Central Government or the State Government under any law for the time being in force, to extend to any place any Act mentioned in the said first schedule;
(b)extend any Act empowering the State Government to extend the same or any part thereof, or affect in any manner the exercise of such power;
(c)affect the operation of any Act or Regulation heretofore extended to or declared to be in force in any of the Scheduled Districts;
(d)revive any enactment which has been repealed either generally or with reference to some special subject; 1* * * * *
(j)extend to any of the towns of Calcutta, Madras and Bombay any law not now in force therein; 2[(jj) extend to Pargana Bhadohi or Pargana Kera Mangror in the Mirzapur district, or to Pargana Kaswa Raja in the Benares district, any law not now in force therein];
(k)affect the operation of any enactment not mentioned in any of the schedules hereto annexed.

Summary

It preserves the power of the Central Government or State Governments to extend any Act mentioned in the first schedule to any place.
It does not automatically extend any Act that gives a State Government the power to extend it, nor does it affect how that power is used.
It does not affect laws that were already active or declared to be in force in any Scheduled Districts before this Act.
It does not bring back to life (revive) any law that has already been repealed, whether generally or for a specific subject.
It prevents the automatic extension of unactive laws to the towns of Calcutta, Madras, and Bombay, as well as specific areas in Mirzapur and Benares.

Practical examples

1In September 1875, the Central Government wants to extend a land-acquisition law from the first schedule to a new district. Under Section 8 clause (a), this Act does not block their power to make that extension.

2In January 1882, a landowner named Arthur Pendelton claims that an old tax law that was repealed in 1870 is active again because of this Act. Under Section 8 clause (d), this Act cannot bring back or revive that dead law.

3In May 1885, a merchant in Calcutta named James Peterson argues that a new law from the schedules now applies to his business in the city. Since the law was not already active in Calcutta, Section 8 clause (j) prevents it from being extended there.

FAQ

1. What is the purpose of Section 8?

It is a savings clause that protects existing powers and prevents this Act from accidentally changing, extending, or bringing back certain laws.

2. Does this Act revive or bring back laws that were previously cancelled?

No, clause (d) explicitly states that nothing in this Act will revive any enactment that has already been repealed.

3. Does this Act automatically extend new laws to the major towns of Calcutta, Madras, and Bombay?

No, clause (j) protects these towns by stating that no law that is not already active there will be extended to them by this Act.

4. Which specific areas in Mirzapur and Benares are protected from automatic law extensions?

Clause (jj) protects Pargana Bhadohi and Pargana Kera Mangror in Mirzapur, and Pargana Kaswa Raja in Benares.

Test yourself

Q1.According to Section 8 clause (a), whose power to extend Acts in the first schedule is preserved?

Q2.What happens under Section 8 clause (d) to a law that has already been repealed?

Q3.Which three major towns are protected from having new laws extended to them under Section 8 clause (j)?

Q4.What specific parganas (administrative units) in Mirzapur and Benares are protected under Section 8 clause (jj)?

Q5.Under Section 8 clause (k), how are laws that are not listed in the schedules of this Act affected?

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