West Bengal Act XIX of 1958 For Statement of Objects and Reasons, see the Calcutta Gazette, Extraordinary, of the 4th July, 1958. Part IVA, page 2484; for proceedings of West Bengal Legislative Assembly, see the proceeding of the meeting of that Assembly held on the 17th July, 1958; and for proceedings of the West Bengal Legislative Council, see the proceedings of the meeting of that Council held on the 7th August, 1958.
THE WEST BENGAL TRANSFERRED TERRITORIES (ASSIMILATION OF LAWS) ACT, 1958
[24th September, 1958]
An Act to provide for the assimilation of certain laws in force in the territories transferred from the State of Bihar to the State of West Bengal by section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, to the laws in force in the State of West Bengal.
WHEREAS it is expedient to provide for the assimilation of certain laws in force in the territories transferred from the State of Bihar to the State of West Bengal by section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, to the laws in force in the rest of West Bengal:
It is hereby enacted in the Ninth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
Short title and commencement:-
1. (1) This Act may be called the West Bengal Transferred Territories (Assimilation of Laws) Act, 1958.
(2) It shall come into The Act came into force on the 1st July 1959, Vide notification No. 5407-S, dated the 24th June, 1959, published in the Calcutta Gazette Extraordinary of 1959, Part I, page 1355 force on such date as the State Government may, by notification in the Official Gazette, appoint.
Definitions:-
2. In this Act, unless there is anything repugnant in the subject or context,-
(a)”Appointed day” means the date appointed under sub-section (2) of section 1;
(b) “State law” means so much of any enactment, ordinance or regulations as relates to any of the matters enumerated in Lists II and III in the Seventh Schedule to the Constitution and includes any order, by-law, rule, scheme, notification or other instrument having the force of law;
(c) “Transferred territories” means the territories transferred from the State of Bihar to the State of West Bengal by section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956.
Assimilation of State laws:-
3. (1) All State laws which immediately before the appointed day, extend to, or are in force in, the State of West Bengal, but do not extend to, or are not in force in, the transferred territories shall as form that day, extend to or, as the case may be, come into force in, the transferred territories:
Provided that the State laws specified in Schedule I shall extend to the transferred territories subject to the amendment specified in that Schedule.
(2) All State laws which, immediately before the appointed day, are in force in the whole or any part of the transferred territories but not in the rest of West Bengal shall, on that day, stand repealed in the transferred territories:
Provided that such repeal shall not affect-
(a) the previous operation of any State law so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation, or liability acquired, accrued or incurred under any State law so repealed; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any State law so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
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.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the State Laws specified in Schedule II as in force in the whole or any part of the transferred territories immediately before the appointed day shall continue in force therein after that day, These words within the square brackets were inserted by s.2 of the West Bengal Transferred Territories (Assimilation of Laws) and Amendment Act, 1959/ West Ben [subject to such adaptation and modifications, whether by way of repeal or amendments, as the State Government may, from time to time but before the expiration of one year from that day, by notification in the Official Gazette, make in any such law for the purpose of facilitating the application thereof in relation to West Bengal,] and the State laws specified in schedule III shall not extend to, or come into force in, the whole or such part of the transferred territories, as the case may be:
Provided that the State law specified in item (16) of Schedule II as in force in the transferred territories immediately before the appointed day shall continue in force after that day only in the territory referred to in clause (b) of sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, and the State laws specified in items (9) and (10) of Schedule III shall not extend to, or come into force in, such territory:
Provided further that, subject to the provisions of the proviso to sub-section (2) and of section 4, the State laws specified in schedule II shall stand repealed or the State laws specified in Schedule III shall extend to, or come into force in, the transferred territories or any part thereof, with effect from such date or dates as the State Government may, by notification issued in the Official Gazette, from time to time, appoint in this behalf.
Provision for removal of difficulty:-
4. If any difficulty arises in giving effect to the provisions of this Act, more particularly to the proviso to sub-section (2) of section 3, the State Government may, by notification in the Official Gazette issued in this behalf,-
(i) specify the authority, officer or person who shall be competent to exercise such powers or functions in any part of the transferred territories as may be mentioned in the notification under any State law referred to in sub-section (2) of section 3 or in Schedule II, or
(ii) pass any other orders not inconsistent with the purposes of this Act as may appear to it to be necessary or expedient,
For the purpose of removing such difficulty. |
