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Act Description : THE MERGED STATES (LAWS) ACT, 1949
Act Details :-
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.


Act Type :- Himachal Pradesh State Acts
 
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