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The Merged States (Laws) Act, 1949 Complete Act - Bare Act

StateHimachal Government
Year
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THE MERGED STATES (LAWS) ACT, 1949

THE MERGED STATES (LAWS) ACT, 1949

[Act No. 59 of 1949]
[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]

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 [See S.O. 25, Gaz. of 1., Extra., 1949, page 1317], as amended by the State's Merger (United Provinces) Order, 1949 [See S.O 27, ibid., page 2611]; and
(b) the expression "new Provinces" means the Chief Commissioner's Provinces constituted by the State's Merger (Chief Commissioner's Provinces) Order, 1949 [See S.O. 26, Gaz. of 1., Extra., 1949, page 1343], 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.
Himachal Pradesh State Acts


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