THE UTTAR PRADESH MERGED STATES (APPLICATION OF LAWS) ACT, 1950

THE UTTAR PRADESH MERGED STATES (APPLICATION OF LAWS) ACT, 1950[1]

[Act No. 08 of 1950]

PREAMBLE

An Act to extend certain laws to the merged states of Banaras, Rampur and Tehri-Garhwal.

Whereas by the United Provinces Merged States (Application of Laws) Ordinance, 1950, certain laws were extended to the merged states of Banaras, Rampur and Tehri-Garhwal administered as part of Uttar Pradesh;

And whereas the said Ordinance has to be replaced by an Act of the Legislature;

It is hereby enacted as follows :

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Uttar Pradesh Merged States Application of Laws) Act, 1950.

(2)     It extends to the merged states of Banaras, Rampur and Tehri-Garhwal.

(3)     It shall be deemed to have come into force on the first day of January, 1950.

Section 2 – Definitions

In this Act unless there is anything repugnant in the subject or context--

(a)      "authority" includes a committee, board or tribunal;

(b)      "Banaras" shall have the meaning assigned to it in the Banaras State (Administration) Order, 1949;

(c)      "Merged states" means the merged states of Banaras, Rampur and Tehri-Garhwal;

(d)      "Rampur" shall have the meaning assigned to it in the Rampur (Administration) Order, 1949;

(e)      "State Government" means the Government of Uttar Pradesh;

(f)       "State law" means and includes with reference to any of the merged states an Act, rule, regulation, by-law order or circular having the force of law in such state and continued in force therein by the Banaras State Administration) Order, 1949, Rampur (Administration) Order, 1949, Tehri-Garhwal (Administration) Order, 1949, as the case may be; and

(g)      "Tehri-Garhwal" shall have the meaning assigned to it in the Tehri-Garhwal (Administration) Order, 1949.

Section 3 - Extension of enactments

(1)     So much of the enactments specified in the Schedule to the Merged States (Laws) Act, 1949, as relate to matters with respect to which the State Legislature has and the Parliament has not the powers to make laws for Uttar Pradesh and as have not already been extended to the merged states are hereby extended to and shall be in force on and from the first day of January, 1950, in the merged states subject to--

(i)       any amendment to which they were generally subject in or in their application to the United Provinces on the thirtieth day of November 1949, and.

(ii)      the subsequent provisions of this Act.

(2)     In addition to and without prejudice to the provisions of sub-section (1) or of any other law relating to extension or application of laws to the merged states, all enactment in force in, or applicable to the United Provinces on the thirtieth day of November, 1949, as relate to matters with respect to which the State Legislature has powers to make laws for Uttar Pradesh and as have not already been, extended to the merged states are hereby extended to the merged states subject to--

(i)       any amendment to which they were generally subject in or in their application to the United Provinces on the date aforesaid, and

(ii)      the subsequent provisions of this Act.

(3)     Notwithstanding anything in any enactment referred to in sub-section (2), such enactment shall come into force with effect from such date as the State Government may, by notification in the official Gazette, appoint in that behalf and different dates may be appointed for different provisions thereof or for different parts of a merged state.

Section 4 - Repeal of corresponding law

If, immediately before the commencement of this Act, there is in force in the merged state, any state law corresponding to the enactment referred to in section 3, such corresponding law shall, with effect from the date and to the extent to which an enactment comes into force under and in accordance with the provisions of section 3, stand repealed in the respective merged state.

Section 5 – Savings

(1)     The repeal of any corresponding state law under section 4 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), any thing done or any action taken including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, form bylaw or scheme framed, certificate, patent, permit or licence granted or registration effected, under such corresponding law shall--

(a)      be deemed to have been done or taken under the corresponding provision of the enactment referred to in section 3 as now extended to and in force, in the merged state, and

(b)      continue in force unless and until directed otherwise or superseded by anything done or any action taken under the said enactment by the State Government or other competent authority.

Section 6 - Application of the Act to the merged states

The United Provinces Sales Tax Act, 1948, shall in its application to the merged states be subject to the following amendment--

After section 25 of the said Act, following shall be added as a new section 26 :

"26. Amendment of U.P. Act XV of 1948 in its application to the merged states.

For the purposes of assessment of tax every dealer who, on the first day of January, 1950, has been carrying on the business of buying or selling or supplying goods in the merged states of Banaras, Rampur or Tehri-Garhwal shall, notwithstanding anything in this Act, be deemed to have been a dealer commencing business during the course of an assessment year and the provisions of section 18 shall mutatis mutandis apply to him."

Section 7 - Powers of Courts and other authorities for adaptation

For the purpose of facilitating the application in any of the merged states of any enactment referred to in section 3, any court or authority may construe any such enactment with such alteration, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.

Section 8 - Repeal of U.P. Ordinance no, 1 of 1950

The Uttar Pradesh Merged States (Application of Laws) Ordinance, 1950, is hereby repealed and the provisions of sections 6 and 24 of the United Provinces General Clauses Act, 1904, shall apply to it as if it had been an Act repealed by an United Provinces Act.