Maharashtra act 004 of 1950 : The Maharashtra Merged States (Laws) Act

Section 1.Short title.

This Act may be called ¹[the Maharashtra Merged States (Laws) Act].

1. The short title was amended for "the Bombay Merged States (Laws) Act, 1950" by Mah. 24 of 2012, s. 2 and Schedule, entry 41, w. e. f. 1-5-1960.

Section 2.Definitions.

In this Act, the expression "merged States" has the same meaning as in the States' Merger (Governors' Provinces) Order, 1949.

Section 3.Extension of laws.

(1) All the Acts and Regulations specified in the First Schedule, and so much of the Acts and Ordinance specified in the Second Schedule as relates to matters with respect to which the State Legislature has power to make laws are hereby extended to, and shall be in force in the merged States.

(2) The Acts specified in the first column of the Third Schedule shall be amended in their application to the merged States specified in the second column in the manner set forth in the third column of that Schedule.

(3) (a) Subject to the provisions of clause (b) and the proviso to sub-section (1) of section 4, all appointments, delegations, notifications, orders, bye-laws, rules and regulations made, issued or prescribed under any Act, Ordinance or Regulation hereby extended to the merged States shall be deemed to extend to and be in force in the merged States.

(b) Where any such appointment delegation, notification, order, bye-law, rule, or regulation has been made, issued or prescribed in respect of any specified local area, it shall be deemed to extend to and to be in force also in any area of the merged States which has been included in such local area under any law for the time being in force.

Section 4.Repeal of corresponding laws.

(1) If immediately before the commencement of this Act, there is in force in any of the merged States an Act, Ordinance, Regulation or any other law corresponding to an Act, Ordinance or Regulation specified in the First or Second Schedule, whether by virtue of an Order under the Extra-Provincial Jurisdiction Act, 1947 (XLVII of 1947), applying that Act, Ordinance or Regulation or by virtue of any other legislative power, such law corresponding to the Act or Regulation specified in the First Schedule or any part of such law corresponding to so much of an Act or Ordinance specified in the Second Schedule as relates to matters with respect to which the State Legislature has power to make laws, shall upon the commencement of this Act cease to have effect in any such merged State :

Provided that all appointments, delegations, notifications, orders, bye-laws, rules and regulations which have been made, issued or prescribed under such law or any part of such law exclusively in respect of any area of the merged States forming part of the Districts of Banas Kantha, Sabar Kantha, Mehsana, Amreli, Baroda and Kolhapur and in force immediately before the commencement of this Act in any such area shall be deemed to have been made, issued or prescribed under the corresponding provision of the Act, Ordinance or Regulation extended to the merged States under section 3 and shall continue in force until it is altered, repealed or amended by a competent authority.

(2) Without prejudice to the generality of, and subject to the provisions contained in sub-section (1) the laws specified in the Fourth Schedule shall cease to have effect and are hereby repealed.

Section 5.Certain laws to continue in force in certain States

Notwithstanding anything contained in the foregoing provisions the enactments specified in the first column of the Fifth Schedule shall continue in force in the merged States specified in the second column of that Schedule as if they are enacted by the State Legislature until they are altered, repealed or amended by the said Legislature or any other competent authority.

Section 6.Saving of Limitation.

Notwithstanding anything contained in this Act, if the period of limitation prescribed by the Indian Limitation Act, 1908 (IX of 1908), for any suit, appeal or application is less than the period prescribed by any corresponding law in force in the merged States immediately before the commencement of an Order applying to any of the said States, the Indian Limitation Act, 1908 (IX of 1908), under the Extra-Provincial Jurisdiction Act, 1947 (XLVII of 1947), such suit, appeal or application may be instituted within two years next after the date of the commencement of such order or within the period prescribed by such corresponding law, whichever period first expires.

Section 7.Repeal.

The Bombay Merged States (Laws) Ordinance, 1949 (Bom. Ord. No. VI of 1949), is hereby repealed and it is hereby declared that the provisions of section 7 of the Bombay General Clauses Act, 1904 (Bom. I of 1904), shall apply to the repeal, as if that Ordinance were an enactment.