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himachal pradesh act 059 of 1949 : Merged States (Laws) Act, 1949

Merged States (Laws) Act, 1949

HIMACHAL PRADESH ACT 059 OF 1949
26 December, 1949

An act to extend certain laws to certain areas administered as parts of Governors' Provinces or as Chief Commissioners' Provinces.

Whereas by orders under section 290A of the Government of India Act, 1935 (26 Geo. 5, c. 2), provision has been made for the administration of certain areas either as if they formed part of an adjoining Governor's Province or as if they were a Chief Commissioner's province;

And whereas it is expedient to provide that certain laws should be extended to, and by virtue of such extension, be in force in, the said areas;

It is hereby enacted as follows:

Section 1. Short title and commencement

(1) This Act may be called the Merged States (Laws) Act, 1949.

(2) It shall come into force on the 1st day of January, 1950.

Section 2. Definitions

In this Act,

(a) the expression absorbing Province and merged State have the same meanings as in the State's Merger (Governors' Provinces) Order, 19492, as amended by the State's Merger (United Provinces) Order, 19493; and

(b) the expression new Provinces means the Chief Commissioner's Provinces constituted by the State's Merger (Chief Commissioner's Provinces) Order, 19492, as amended by the State's Merger (United Provinces) Order, 1949.

Section 3. Extension of laws

(1) The Acts, Ordinances and Regulations specified in the Schedule are hereby extended to, and shall be in force in, all the new Provinces.

(2) So much of any of the Acts, Ordinances and Regulations specified in the Schedule as extends to any absorbing Province and relates to matters with respect to which the Dominion Legislature has power to make laws for a Governor's Province is hereby extended to, and shall be in force in, all the Merged States which are now administered as part of that Province.

(3) If any of the said Acts, Ordinances and Regulations as in force in any absorbing Province immediately before the commencement of this Act is subject to any amendments, made by the Legislature of that Province, that Act, Ordinance or Regulation shall be deemed to be extended to, and to be in force in, all the merged States which are now administered as part of that Province, subject to so much of the said amendments as relate to matters with respect to which the Dominion Legislature has power to make laws for a Governor's Province.

Section 4. Interpretation of laws as extended

In any Act, Ordinance or Regulation specified in the Schedule, notwithstanding anything contained in the General Clauses Act, 1897 (10 of 1897),

(a) any reference, by whatever form of words, to the acceding States shall be construed as not including a reference to any of the merged States or to any of the States (other than the United State of Saurashtra) mentioned in the State's Merger (Chief Commissioners' Provinces) Order, 1949, as amended by the State's Merger (United Provinces) Order, 1949;

(b) any reference, by whatever form of words, to Indian British subjects shall be deemed to include a reference to persons who, immediately before the 1st day of August, 1949, were subjects of any of the merged States or of any of the State (other than the United State of Saurashtra) mentioned in the State's Merger (Chief Commissioners' Provinces) Order, 1949, as amended by the State's Merger (United Provinces) Order, 1949;

(c) any reference, by whatever form of words, to the Provinces generally or to the Chief Commissioners' Provinces generally shall be construed as including a reference to the new Provinces; and

(d) any reference, by whatever form of words, to an absorbing Province shall be construed as including a reference to the merged States which are now administered as part of that Province.

Section 5. Repeal of corresponding laws

If immediately before the commencement of this Act there is in force in any of the new Provinces or merged States an Act, Ordinance, Regulation or other law corresponding to an Act, Ordinance or Regulation specified in the Schedule, whether such Act, Ordinance or Regulation is in force by virtue of an Order under the Extra-Provincial Jurisdiction Act, 19474 (47 of 1947), or by virtue of any other Legislative power, such corresponding law shall upon the commencement of this Act,

(a) in a new Province, stand repealed, and

(b) in a merged State, stand repealed to the extent to which the law relates to matters with respect to which the Dominion Legislature has power to make laws for a Governor's Province.

Section 6. Savings

(1) The repeal by section 5 of this Act of any corresponding law in force in the new Provinces or merged States immediately before the commencement of this Act shall not affect

(a) the previous operation of any such law, or

(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any such law, or

(c) any investigation, legal proceeding or remedy in respect of any such penalty, forfeiture or punishment,

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.

(2) Subject to the provisions of sub-section (1), anything done or any action taken, including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, form, bye law or scheme framed, certificate, patent, permit or license granted or registration effected, under such corresponding law shall be deemed to have been done or taken under the corresponding provision of the Act, Ordinance or Regulation as now extended to, and in force in, the new Province or merged State and shall continue in force accordingly unless and until superseded by anything done or any action taken under the said Act, Ordinance or Regulation.

Section 7. Powers of Courts and other authorities for purposes of facilitating application of laws

For the purpose of facilitating the application in any of the new Provinces or merged States of any Act, Ordinance or Regulation specified in the Schedule, any Court or other authority may construe any such Act, Ordinance or Regulation with such alterations, not affecting the substance, as may be necessary or proper to adapt it to the matter before the Court or other authority.

THE SCHEDULE

(See section 3)

LAWS EXTENDED TO THE NEW PROVINCES AND MERGED STATES

Year

Number

Short title

Acts

1839

XXXII

.. The Interest Act, 1839, (a)

1841

X

.. The Indian Registration of Ships Act, 1841. (a)

1850

XI

.. The Indian Registration of Ships Act (1841) Amendment Act, 1850. (a)

1850

XVIII

.. The Judicial Officers' Protection Act, 1850.

1850

XIX

.. The Apprentices Act, 1850. (a)

1850

XXI

.. The Caste Disabilities Removal Act, 1850.

1850

XXXIV

.. The State Prisoners Act, 1850.

1850

XXXVII

.. The Public Servants (Inquiries) Act, 1850.

1855

XII

.. The Legal Representatives Suits Act, 1855.

1855

XIII

.. The Indian Fatal Accidents Act, 1855.

1856

IX

.. The Indian Bills of Lading Act, 1856.

1856

XV

.. The Hindu Widows' Re-marriage Act, 1856.

1857

XIII

.. The Opium Act, 1857.

1858

III

.. The State Prisoners Act, 1858.

1860

XXI

.. The Societies Registration Act, 1860.

1860

XLV

.. The Indian Penal Code, 1860

1861

V

.. The Police Act, 1861.

1862

III

.. The Government Seal Act, 1862.

1863

XXIII

.. The Wastelands (Claims) Act, 1863.

1865

III

.. The Carriers Act, 1865.

1866

XXI

.. The Native Converts' Marriage Dissolution Act, 1866. (a)

1867

XVI

.. The Acting Judges Act, 1867.

1867

XXV

.. The Press and Registration of Books Act, 1867.

1869

IV

.. The Indian Divorce Act, 1869.

1870

VII

.. The Court-fees Act, 1870.

1871

I

.. The Cattle-trespass Act, 1871.

1871

XXIII

.. The Pensions Act, 1871.

1871

XXXI

.. The Indian Weights and Measures of Capacity Act, 1871.

1872

I

.. The Indian Evidence Act, 1872.

1872

III

.. The Special Marriage Act, 1872. (a)

1872

IX

.. The Indian Contract Act, 1872.

1872

XV

.. The Indian Christian Marriage Act, 1872.

1873

V

.. The Government Saving Banks Act, 1873.

1873

X

.. The Indian Oaths Act, 1873. (a)

1874

III

.. The Married Women's Property Act, 1874.

1874

IV

.. The Foreign Recruiting Act, 1874.

1875

IX

.. The Indian Majority Act, 1875.

1875

XVIII

.. The Indian Law Reports Act, 1875.

1877

I

.. The Specific Relief Act, 1877, fa)

1878

I

.. The Opium Act, 1878 (a)

1878

VI

.. The Indian Treasure-trove Act, 1878.

1878

VIII

.. The Sea Customs Act, 1878. (a)

1878

XI

.. The Indian Arms Act, 1878 (a)

1879

XVIII

.. The Legal Practitioners Act, 1879

1880

I

.. The Religious Societies Act, 1880.

1880

XIII

.. The Vaccination Act, 1880.

1881

XI

.. The Municipal Taxation Act, 1881.

1881

XXVI

.. The Negotiable Instruments Act, 1881.

1882

II

.. The Indian Trusts Act, 1882.

1882

IV

.. The Transfer of Property Act, 1882.

1882

VII

.. The Powers of Attorney Act, 1882.

1884

IV

.. The Indian Explosives Act, 1884.

1885

XVIII

.. The Land Acquisition (Mines) Act, 1885.

1886

VI

.. The Births, Deaths, and Marriages Registration Act, 1886.

1886

XI

.. The Indian Tramways Act, 1886.

1887

VII

.. The Suits Valuation Act, 1887.

1887

IX

.. The Provincial Small Cause Courts Act, 1887.

1888

III

.. The Police Act, 1888.

1889

IV

.. The Indian Merchandise Marks Act, 1889. (a)

1890

I

.. The Revenue Recovery Act, 1890.

1890

VI

.. The Charitable Endowments Act, 1890.

1890

VIII

.. The Guardians and Wards Act, 1890.

1890

XI

.. The Prevention of Cruelty to Animals Act, 1890. (a)

1891

XVIII

.. The Bankers' Books Evidence Act, 1891.

1893

IV

.. The Partition Act, 1893.

1894

I

.. The Land Acquisition Act, 1894.

1894

IX

.. The Prisons Act, 1894.

1897

III

.. The Epidemic Diseases Act, 1897.

1897

IV

.. The Indian Fisheries Act, 1897.

1897

X

.. The General Clauses Act, 1897.

1898

III

.. The Lepers Act, 1898. (a)

1898

V

.. The Code of Criminal Procedure, 1898 (a)

1898

VI

.. The Indian Post Office Act, 1898.

1898

IX

.. The Live-stock Importation Act, 1898.

1899

II

.. The Indian Stamp Act, 1899.

1899

IV

.. The Government Buildings Act, 1899.

1900

III

.. The Prisoners Act, 1900.

1901

II

.. The Indian Tolls (Army and Air Force) Act, 1901.

1903

VII

.. The Indian Works of Defence Act, 1903.

1903

xrv

.. The Indian Foreign Marriage Act, 1903, (a)

1903

XV

.. The Indian Extradition Act, 1903, (a)

1904

VII

.. The Ancient Monuments Preservation Act, 1904. (a)

1905

IV

.. The Indian Railway Board Act, 1905.

1906

III

.. The Indian Coinage Act, 1906.

1908

V

.. The Code of Civil Procedure, 1908.

1908

VI

.. The Explosive Substances Act, 1908.

1908

IX

.. The Indian Limitation Act, 1908. (a)

1908

XIV

.. The Indian Criminal Law Amendment Act, 1908.

1908

XV

.. The Indian Ports Act, 1908.

1908

XVI

.. The Indian Registration Act, 1908.

1909

IV

.. The Whipping Act, 1909. (a)

1909

VII

.. The Anand Marriage Act, 1909.

1910

IX

.. The Indian Electricity Act, 1910.

1911

II

.. The Indian Patents and Designs Act, 1911.(a)

1911

VIII

.. The Indian Army Act, 1911. (a)

1911

X

.. The Prevention of Seditious Meetings Act, 1911.

1912

IV

.. The Indian Lunacy Act, 1912. (a)

1913

II

.. The Official Trustees Act, 1913.

1913

III

.. The Administrator General's Act, 1913. (a)

1913

VI

.. The Mussalman Wakf Validating Act, 1913.

1913

VII

.. The Indian Companies Act, 1913.(a)

1914

II

.. The Destructive Insects and Pests Act, 1914.

1914

III

.. The Indian Copyright Act, 1914. (a)

1914

IX

.. The Local Authorities Loans Act, 1914.

1916

VII

.. The Indian Medical Degrees Act, 1916.

1916

XV

.. The Hindu Disposition of Property Act, 1916.

1917

V

.. The Destruction of Records Act, 1917.

1917

XVIII

.. The Post Office Cash Certificates Act, 1917.

1918

II

.. The Cinematograph Act, 1918.

1918

XXII

.. The Bronze Coin (Legal Tender) Act, 1918.

1919

I

.. The Local Authorities Pensions and Gratuities Act, 1919.

1919

XII

.. The Poisons Act, 1919.

1920

V

.. The Provincial Insolvency Act, 1920.

1920

X

.. The Indian Securities Act, 1920.

1920

XIV

.. The Charitable and Religious Trusts Act, 1920.

1920

XXIII

.. The Indian Rifles Act, 1920.

1920

XXXIII

.. The Identification of Prisoners Act, 1920.

1920

XXXIX

.. The Indian Elections Offences and Inquiries Act, 1920. (a)

1920

XLVII..

The Imperial Bank of India Act, 1920. (a)

1921

XVIII

.. The Maintenance Orders Enforcement Act, 1921. (a)

1922

XXII

.. The Police (Incitement to Disaffection) Act, 1922.

1923

IV

.. The Indian Mines Act, 1923. (a)

1923

V

.. The Indian Boilers Act, 1923.

1923

VI

.. The Cantonments (House Accommodation) Act, 1923.

1923

VIII

.. The Workmen's Compensation Act, 1923.

1923

XIV

.. The Indian Cotton Cess Act, 1923.

1923

XIX

.. The Indian Official Secrets Act, 1923.

1923

XXI

.. The Indian Merchant Shipping Act, 1923. (a)

1923

XXIII

.. The Legal Practitioners (Women) Act, 1923.

1923

XLII

.. The Mussalman Wakf Act, 1923.

1924

II

.. The Cantonments Act, 1924.

1924

IV

.. The Central Board of Revenue Act, 1924.

1924

XIX

.. The Land Customs Act, 1924, (a)

1925

IV

.. The Indian Soldiers (Litigation) Act, 1925.

1925

XII

.. The Cotton Ginning and Pressing Factories Act, 1925.

1925

XIX

.. The Provident Fund Act, 1925

1925

XXVI

.. The Indian Carriage of Goods by Sea Act, 1925.

1925

XXXVI

.. The Indian Succession Act, 1925.

1926

III

.. The Government Trading Taxation Act, 1926.

1926

VII

.. The Indian Naturalization Act, 1926. (a)

1926

XII

.. The Contempt of Courts Act, 1926. (a)

1926

XVI

.. The Indian Trade Unions Act, 1926.

1926

XXI

.. The Legal Practitioners (Fees) Act, 1926. (a)

1926

XXXVIII

.. The Indian Bar Councils Act, 1926. (a)

1927

XVI

.. The Indian Forest Act, 1927.

1927

XVII

.. The Indian Lighthouse Act, 1927.

1928

XII

.. The Hindu Inheritance (Removal of Disabilities) Act, 1928.

1929

II

.. The Hindu Law of Inheritance (Amendment) Act, 1929. (a).

1929

XIX

.. The Child Marriage Restraint Act, 1929.

1930

II

.. The Dangerous Drugs Act, 1930.

1930

III

.. The Indian Sale of Goods Act, 1930.

1930

XXIV

.. The Indian Lac Cess Act, 1930.

1930

XXX

.. The Hindu Gains of Learning Act, 1930.

1930

XXXII

.. The Mussalman Wakf Validating Act, 1930.

1931

XVI

.. The Provisional Collection of Taxes Act, 1931.

1931

XXIII

.. The Indian Press (Emergency Powers) Act, 1931. (a)

1932

IX

.. The Indian Partnership Act, 1932.

1932

XII

.. The Foreign Relations Act, 1932. (a)

1932

XIV

.. The Indian Air Force Act, 1932. (a)

1932

XX

.. The Port Haj Committees Act, 1932. (a)

1932

XXII

.. The Tea Districts Emigrant Labour Act, 1932.

1932

XXIII

.. The Criminal Law Amendment Act, 1932..

1933

II

.. The Children (Pledging of Labour) Act, 1933.

1933

XXVII

.. The Indian Medical Council Act, 1933. (a)

1934

II

.. The Reserve Bank of India Act, 1934.

1934

VIII

.. The Khaddar (Name Protection) Act, 1934.

1934

XIX

.. The Indian Dock Labourers Act, 1934. (a) #

1934

XX

.. The Indian Carriage by Air Act, 1934.

1934

XXII

.. The Indian Aircraft Act, 1934.

1934

XXX

.. The Petroleum Act, 1934.

1934

XXXII

.. The Indian Tariff Act, 1934.

1934

XXXIV

.. The Indian Navy (Discipline) Act, 1934. (a)

1936

III

.. The Parsi Marriage and Divorce Act, 1936.

1936

IV

.. The Payment of Wages Act, 1936.

1937

I

.. The Agricultural Produce (Grading and Marking) Act, 1937.

1937

XVIII

.. The Hindu Women's Rights to Property Act, 1937. (a)

1937

XIX

.. The Arya Marriage Validation Act, 1937.

1937

XXV

.. The Federal Court Act, 1937.

1937

XXVI

.. The Muslim Personal Law (Shariat) Application Act, 1937.

1938

IV

.. The Insurance Act, 1938.

1938

V

.. The Manoeuvres, Field Firing and Artillery Practice Act, 1938.

1938

VIII

.. The Indian Tea Control Act, 1938. (a)

1938

XX

.. The Criminal Law Amendment Act, 1938.

1938

XXIV

.. The Employers Liability Act, 1938.

1938

XXVI

.. The Employment of Children Act, 1938.

1939

IV

.. The Motor Vehicles Act, 1939. (a)

1939

VIII

.. The Dissolution of Muslim Marriages Act, 1939.

1939

IX

.. The Standards of Weight Act, 1939. (a)

1939

XIX

.. The Coal Mines Safety (Stowing) Act, 1939. (a).

1939

.. The Indian Naval Reserve Forces (Discipline) Act, 1939. (a)

1940

V

.. The Trade Marks Act, 1940. (a)

1940

X

.. The Arbitration Act, 1940.

1940

XXIII

.. The Drugs Act, 1940.

1940

XXVII

.. The Agricultural Produce Cess Act, 1940.

1941

XIX

.. The Mines Maternity Benefit Act, 1941. (a)

1941

XX

.. The Professions Tax Limitation Act, 1941. (a)

1941

XXI

.. The Federal Court Act, 1941.

1941

XXV

.. The Railway (Local Authorities' Taxation) Act, 1941.

1942

VII

.. The Coffee Market Expansion Act, 1942

1942

XVIII

.. The Weekly Holidays Act, 1942.

1942

XIX

.. The Industrial Statistics Act, 1942. (a)

1942

XXVI

.. Federal Court (Supplemental Powers) Act, 1942. (a)

1943

IX

.. The Reciprocity Act, 1943.

1944

I

.. The Central Excises and Salt Act, 1944.

1944

X

.. The Indian Coconut Committee Act, 1944. (a)

1944

XVIII

.. The Public Debt. Act, 1944.

1946

IX

.. The Indian Oil Seeds Committee Act, 1946. (a)

1946

XVII

.. The Protective Duties Act, 1946. (a)

1946

XIX

.. The Hindu Married Women's Right to Separate Residence and Maintenance Act, 1946(a)

1946

XX

.. The Industrial Employment (Standing Orders) Act, 1946.

1946

XXII

.. The Mica Mines Labour Welfare Fund Act, 1946.

1946

XXIV

.. The Essential Supplies (Temporary Powers) Act, 1946. (a)

1946

XXV

.. The Delhi Special Police Establishment Act, 1946.

1946

XXVIII

.. The Hindu Marriage Disabilities Removal Act, 1946.

1947

II

.. The Prevention of Corruption Act, 1947. (a)

1947

VII

.. The Foreign Exchange Regulation Act, 1947. (a)

1947

XII

.. The Railways (Transport of Goods) Act, 1947. (a)

1947

XIV

.. The Industrial Disputes Act, 1947.

1947

XV

.. The Armed Forces (Emergency Duties) Act, 1947.

1947

XVI

.. The Trading with the Enemy (Continuance of Emergency Provisions) Act, 1947.

1947

XVIII

.. The Imports and Exports (Control) Act, 1947.

1947

XXIV

.. The Rubber (Production and Marketing) Act, 1947.

1947

XXIX

.. The Capital Issues (Continuance of Control) Act, 1947. (a)

1947

XXXI

.. The Antiquities (Export Control) Act, 1947.

1947

XXXII

.. The Coal Mines Labour Welfare Fund Act, 1947.

1947

XLIII

.. The United Nations (Security Council) Act, 1947.

1947

XL

.. VI The United Nations (Privileges and Immunities) Act, 1947.

1948

I

.. The Federal Court (Enlargement of Jurisdiction) Act, 1948.

1948

VIII

.. The Pharmacy Act, 1948.

1948

IX

.. The Dock Workers (Regulation of Employment) Act, 1948.

1948

XI

.. The Minimum Wages Act, 1948.

1948

XII

.. The Rehabilitation Finance Administration Act, 1948.

1948

XV

.. The Industrial Finance Corporation Act, 1948.

1948

XVI

.. The Dentists Act, 1948.

1948

XXII

.. The Indian Power Alcohol Act, 1948.

1948

XXIX

.. The Atomic Energy Act, 1948. (a)

1948

XXXII

.. The Road Transport Corporations Act, 1948. (a)

1948

XXXIV

.. The Employees State Insurance Act, 1948.

1948

XXXVII

.. The Census Act, 1948.

1948

XL

.. The Indian Matrimonial Causes (War Marriages) Act, 1948.

1948

XLVI

.. The Coal Mines Provident Fund and Bonus Schemes Act, 1948.

1948

XLVII

.. The Displaced Persons (Institution of Suits) Act, 1948. (a)

1948

LIII

.. The Mines and Minerals (Regulation and Development) Act, 1948. (a)

1948

LIV

.. The Electricity (Supply) Act, 1948.

1948

LXI

.. The Central Silk Board Act, 1948.

1948

LXIII

.. The Factories Act, 1948.

1949

X

.. The Banking Companies Act, 1949.

1949

XIII

.. The Central Tea Board Act, 1949. (a)

1949

XXI

.. The Hindu Marriages Validity Act, 1949. (a).

1949

XXIII

.. The Influx from Pakistan (Control) Act, 1949. (a)

1949

XXV

.. The Displaced Persons (Legal Proceedings) Act, 1949. (b)

1949

XXX

.. The Public Companies (Limitation of Dividends) Act, 1949. (a)

1949

XXXVIII

.. The Chartered Accountants Act, 1949.

Ordinances

1940

IV

.. The Currency Ordinance, 1940.

1941

XI

.. The Essential Services (Maintenance) Ordinance, 1941.

1942

XLI

.. The Armed Force (Special Powers) Ordinance, 1942.

1944

XXXVIII

.. The Criminal Law Amendment Ordinance, 1944.

1944

XLII

.. The Post Office National Savings Certificate Ordinance, 1944. 5

1945

XLVII

.. The International Monetary Fund and Bank Ordinance, 1945.

1949

XI

.. The Industrial Tribunals Payment of Bonus (National Savings Certificates) Ordinance, 1949. 6

Regulation

1818

III

.. The Bengal State Prisoners Regulation, 1818.

1. For Statement of Objects and Reasons see Government of India Gazette 1949 Part V.P. 401 unmodified by ALO 1950 and for Hindi text see RHP (Extra) Dated 5-11-88, p. 2717.

2. See S.O. 25, Gaz. of 1, Extra, 1949, page 1317.

3. See S.O. 27, ibdi page 2611.

4. Now Foreign Jurisdiction Act, 1947.

5. These Acts have been repealed now.

6. The Acts and the ordinances stand expired now.