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Merged States ( Laws ) Act, 1949

Year : 1949

[Act, No. 59 of 1949] [26th December, 1949]

PREAMBLE

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 290 A of the Government of India Act, 1935 (25 and 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 Commissioners Provinces;

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 :-

(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

In this Act,

(a) The expressions " absorbing Province " and " merged State " have the same meanings as in the states' Merger ( Governors' Provinces ) Order, 1949, {See S.O.25, Gazette of India, 1949, Extraordinary, po.1317} as amended by the States' Merger (United Provinces ) Order, 1949 {See S.O.27, ibid p.2611.} ; and

(b) The expression "new provinces" means the Chief Commissioners" Provinces constituted by the States' Merger (Chief Commissioners' Provinces ) Order, 1949, {See S.O.26, ibid p.1343.}as amended by the States' Merger ( United Provinces ) Order, 1949.

(1) The Acts, Ordinances and Regulation 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 Regulation 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 Governors Province is hereby extended to and shall be in force in, all the merged States which are no administered as part of that provinces.

(3) If any of the said Acts, Ordinances and regulation 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 Provinces, 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 Provinces.

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

(a) Any reference, by whatever from 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 if Saurashtra) mentioned in the states' Merger by the states' Merger (United Provinces) Order, 1949;

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

(c) Any reference by whatever form of words , to the provinces generally or to the chief commissioner's 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 Provinces shall be construed as including a reference to the merged states which are now administered as part of that Provinces,

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 is in force by virtue of an order under the Extra-provincial Jurisdiction Act, 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.

(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 Provinces 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.

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.
1841   X The Indian Registration of Ships Act, 1841.
1850   XI The Indian Registration of Ships Act,(1841) Amendment Act, 1850.
1850   XVIII The Judicial Officers' Protection Act, 1850.
1850   XIX The Apprentices Act, 1850.
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' Remarriage 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 Waste-land (Claims) Act,1863.
1865   III The Carriers Act, 1865.
1866   XXI The Native Converts' Marriage Dissolution Act,1866.
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.
1872   IX The Indian Contract Act, 1872.
1872   XV The Indian Christian Marriage
1873   V The Government Savings Banks Act, 1873.
1873   X The Indian Oaths Act;1873.
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.
1878   I The Opium Act, 1878.
1878   VI The Indian Treasure-trove Act, 1878.
1878   VIII The Sea Customs Act, 1878.
1878   XI The Indian Arms Act, 1878.
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.
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.
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.
1898   V The Code of Criminal Procedure, 1898.
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  IV The Indian Foreign Marriage Act, 1903.
1903  XV The Indian Extradition Act, 1903.
1904  VII The Ancient Monuments Preservation Act, 1901.
1905  IV The Indian Railway Board Act, 1905.
1906  III The Indian Coinage Act, 1906.
1903  V The Code of Civil Procedure, 1908.
1908  VI The Explosive Substances Act, 1908.
1908  IX The Indian Limitation Act, 1908.
1908  IV 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.
1909  VII The Anand Marriage Act, 1909.
1910  IX The Indian Electricity Act, 1910.
1911  II The Indian Patents and Designs Act, 1911.
1911  VIII The Indian Army Act, 1911.
1911  X The Prevention of Seditious Meetings Act, 1911.
1912  IV The Indian Lunacy Act, 1912.
1913  II The Official Trustees Act, 1913.
1913  III The Administrator General's Act, 1913.
1913  VI The Mussalman Wake Validating Act, 1913.
1913  VII The Indian Companies Act, 1913
1914  II The Destructive Insects and Pests Act, 1914.
1914  III The Indian Copyright Act, 1914.
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 Cinematography 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.
1920  XLVII The Imperial Bank of India Act 1920.
1921  XVIII The Maintenance Orders Enforcement Act, 1921
1922  XXII The Police (Incitement to Disaffection) Act, 1922
1923  IV The Indian Mines Act,1923.
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.
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.
1925  IV The Indian Soldiers (Litigation) Act, 1925.
1925  XII The Cotton Girming and Pressing Factories Act, 1925.
1925  XIX The Provident Funds Act, 1925.
1925  XXVI The Indian Carriage of Goods by Sea Act, 1925.
1925  XXXIX The Indian Succession Act, 1925.
1926  III The Government Trading Taxation Act, 1926
1926  VII The Indian Naturalization Act, 1926.
1926  XII The Contempt of Courts Act, 1926.
1926  XVI The Indian Trade Unions Act, 1926.
1926  XXI The Legal Practitioners (Fees) Act 1926.
1926  XXXVIII The Indian Bar Councils Act, 1926.
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.
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  XXX The Hindu Gains of Learning Act, 1930.
1930  XXXII The Mussalman Wakf Validating Act, 1930.
1932  XVI The Provisional Collection of Taxes Act, 1931
1931  XXIII The Indian Press (Emergency Powers) Act, 1931.
1932  IX The Indian Partnership Act, 1932.
1932  XII The Foreign Relations Act, 1932.
1932  XIV The Indian Air Force Act, 1932.
1932  XX The Port Haj Committees Act, 1932.
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.
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
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.
1934  III The Parsi Marriage and Divorce Act, 1936.
1936  IV The Payment of Wages Act, 1936.
1936  I The Agricultural Produce (Grading and Marking)Act, 1937.
1937  XVIII The Hindu Women's Rights to Property Act, 1937.
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 Manœuvres, Field Firing And Artillery Practice Act, 1938.
1938  VIII The Indian Tea Control Act, 1938.
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
1939  VIII The Dissolution of Muslim Marriages Act, 1939.
1939  IX The Standards of Weight Act, 1939.
1939  XIX The Coal Mines Safety (Stowing) Act, 1939.
1939  .... The Indian Naval Reserve Forces (Discipline) Act,1939.
1940  V The Trade Marks Act, 1940.
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
1941  XX The Professions Tax Limitation Act, 1941.
1941  XXI The Federal Court Act, 1941.
1941  XXV The Railways (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.
1942  XXVI The Federal Court (Supplemental Powers) Act, 1942
1943  IX The Reciprocity Act, 1943.
1944  I The Central Excises and Salt Act, 1944.
1944  X The Indian Coconut Committee Act, 1944.
1944  XVIII The Public Debt Act, 1944.
1946  IX The Indian Oilseeds Committee Act, 1946.
1946  XVII The Protective Duties Act, 1946.
1946  XIX The Hindu Married Women's Right to Separate Residence and Maintenance Act, 1946.
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.
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.
1947  VII The Foreign Exchange Regulation Act, 1947.
1947  XII The Railways (Transport of Goods) Act, 1947.
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.
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  XLVI The United Nations (Privileges and Immunities) Act, 1947.
1948  I The Federal Court (Enlargement of Jurisdiction) Act, 1947.
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.
1948  XXXII The Road Transport Corporations Act1948.
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.
1948  LIII The Mines and Minerals (Regulation and Development) Act, 1948
1948  LIV The Electricity (Supply) Act, 1948.
1948  LXI The Central Silk Board Act, 1948.
1948  LA The Factories Act, 1948.
1948  X The Banking Companies Act, 1949.
1949  IX The Central Tea Board Act, 1949.
1949  XXI The Hindu Marriages Validity Act, 1949.
1949  XXIII The Influx from Pakistan (Control) Act, 1949.
1949  XXV The Displaced Persons (Legal Proceedings) Act, 1949.
1949  XXX The Public Companies (Limitation of Dividends) Act, 1949.
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 Forces (Special Powers) Ordinance, 1942.
1944  XXXVIII The Criminal Law Amendment Ordinance, 1944.
1944 XLII The Post Office National Savings Certificates Ordinance, 1944.
1945 XLVII The International Monetary Fund and Bank Ordinance, 1945
1949 XI The Industrial Tribunals Payment of Bonus (National Savings Certificates) Ordinance, 1949.
     
Regulation    
     
1818  III The Bengal State Prisoners Regulation, 1818.