Merged States (laws) Act, 1949, India-legitquest

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MERGED STATES (LAWS) ACT, 1949

MERGED STATES (LAWS) ACT, 1949

Preamble 1 - THE MERGED STATES (LAWS) ACT, 1949

THE MERGED STATES (LAWS) ACT, 1949

[Act No. 59 of 1949][1]

PREAMBLE

An Act to extend certain laws to certain areas administered as parts of Governors' Provinces or as Chief Commissioners' Provinces. [26th December, 1949]

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, 1949[2], as amended by the State's Merger (United Provinces) Order, 1949[3]; and

(b) the expression "new Provinces" means the Chief Commissioner's Provinces constituted by the State's Merger (Chief Commissioner's Provinces) Order, 1949[4], 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 States? 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 merged states or of 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 States? Merger (United Provinces) order, 1949;

(c) any reference, by whatever form of words, to the Provinces generally or to te 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 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, 19472 (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.

Schedule - SCHEDULE

SCHEDULE


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 Waste-lands (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. (a)
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 (a)	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. (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	XIV	. . The Indian Foreign Marriage Act, 1903, (a)
1903	XV	. . The Indian Extradition Act, 1903, (a)
1904	VII	. . The Ancient Monuments Preservation Act, 1904.
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.
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.
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.
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	XLVI	. . 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. (a)
1945	XLVII		. . The International Monetary Fund and Bank Ordinance, 1945.
1949	XI		. . The Industrial Tribunals Payment of Bonus (National Savings Certificates) Ordinance, 1949. (b)
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, ibid., page 2611.

[4] See S.O. 26, Gaz. of 1., Extra., 1949, page 1343

MERGED STATES (LAWS) ACT, 1949