ORISSA (ALTERATION OF
NAME) ACT, 2011 THE ORISSA
(ALTERATION OF NAME) ACT, 2011 [Act No. 15 of 2011] [23rd September,
2011] An Act to alter the
name of the State of Orissa. Be
it enacted by Parliament in the Sixty-second Year of the Republic of India as
follows:-- (1) This Act may be called the Orissa (Alteration of
Name) Act, 2011. (2) It shall come into force on such [1]date
as the Central Government may, by notification in the Official Gazette,
appoint.
Preamble - THE ORISSA (ALTERATION OF
NAME) ACT, 2011PREAMBLE
Section 2 - Definitions
In
this Act, unless the context otherwise requires,--
(a) "appointed day" means the date appointed
under sub-section (2) of section 1 for the coming into force of this Act;
(b) "appropriate Government" means, as
respects a law relating to a matter enumerated in List I in the Seventh
Schedule to the Constitution, the Central Government, and as respects any other
law, the State Government;
(c) "law" includes any enactment, Ordinance,
regulation, order, bye-law, rule, scheme, notification or other instrument
having the force of law in the whole or any part of the State of Orissa.
Section 3 - Alteration of name of State of Orissa
As
from the appointed day, the State of Orissa shall be known as the State of
Odisha.
Section 4 - Amendment of article 164
In article 164 of the Constitution, in clause (1), in the
proviso, for the word "Orissa", the word "Odisha" shall be substituted.
Section 5 - Amendment of article 273
In
article 273, in clause (1), for the word "Orissa", the word
"Odisha" shall be substituted.
Section 6 - Amendment of First Schedule to the Constitution
In
the First Schedule to the Constitution, under the heading "I. THE
STATES", in entry 10, under the column "Name", for the word
"Orissa", the word "Odisha" shall be substituted.
Section 7 - Amendment of Fourth Schedule to the Constitution
In
the Fourth Schedule to the Constitution, under the heading "TABLE",
in entry 14, in the second column, for the word "Orissa", the word
"Odisha" shall be substituted.
Section 8 - Power to adapt laws
(1) For the purpose of giving effect to the alteration
of the name of the State of Orissa by section 3, the appropriate Government
may, before the expiration of one year from the appointed day, by order, make
such adaptations and modifications of any law made before the appointed day,
whether by way of repeal or amendment, as may be necessary or expedient, and
thereupon every such law shall have effect subject to the adaptations and
modifications so made.
(2) Nothing in sub-section (1) shall be deemed to
prevent a competent Legislature or other competent authority from repealing or
amending any law adapted or modified by the appropriate Government under the
said sub-section.
Section 9 - Power to construe laws
Notwithstanding
that no provision or insufficient provision has been made under section 8 for
the adaptation of a law made before the appointed day, any court, tribunal or authority,
required or empowered to enforce such law, may construe the law in such manner,
without affecting the substance, as may be necessary or proper in regard to the
matter before the court, tribunal or authority.
Section 10 - Legal proceedings
Where
immediately before the appointed day any legal proceedings are pending to which
the State of Orissa is a party, the State of Odisha shall be deemed to have
been substituted for the State of Orissa in those proceedings.
Statement of Objects and Reasons -
ORISSA (ALTERATION OF NAME) ACT, 2011
STATEMENT OF OBJECTS
AND REASONS
(1) The Government of Orissa forwarded to the Central
Government in December 2008, the resolution passed by the Legislative Assembly
of Orissa on 28th August, 2008 that, inter alia, the name of the State
specified as "Orissa" in the First Schedule of the Constitution be
changed as "Odisha" and translation of the word "Odisha" in
Hindi language should be revised as ^^31is 1M+'ii** accordingly and authorised
the Government of Orissa to place the matter before Government of India for
change of name of the State and change of language of the State and change of
their Hindi translations.
(2) As required by the proviso to article 3 of the
Constitution, the President referred the Bill to the Legislature of the State
of Orissa for expressing its views thereon. The Legislative Assembly of Orissa
considered the Orissa (Alteration of Name) Bill, 2009 and adopted a unanimous
Resolution agreeing with the Bill.
(3) The Orissa (Alteration of Name) Bill, 2010 provides
for such alteration of name of the State of Orissa and contains necessary
amendments to the provisions of the Constitution and also consequential
provisions.