West Bengal Act LXIII of 1950, For Statement of Objects and Reasons, see the Calcutta Gazette, Extraordinary, dated the 22nd September, 1950, Part IV, page 1271; for Proceedings of the West Bengal Legislative Assembly, see the Proceedings of the meeting of the West Bengal Legislative Assembly, held on the 4th October, 1950.
THE COOCH BEHAR (ASSIMILATION OF STATE LAWS) ACT, 1950.
Amended ……………….West Ben. Act XXXI of 1954.
West Ben. Act XXI of 1955.
West Ben. Act XXIV of 1969.
[7th December, 1950].
An Act to assimilate certain State laws in force in Cooch Behar to the State laws in force in the rest of West Bengal.
WHEREAS it is expedient to assimilate certain State laws in force in Cooch Behar to the State laws in force in the rest of West Bengal;
It is hereby enacted as follows: -
Short title, and commencement.
1. (1) This Act may be called the Cooch Behar (Assimilation of State Laws) Act, 1950.
(2) It shall come into, This Act came into force on the 1st January, 1951, vide Notification No. 7497J., dated the 18th December, 1950, published in the Calcutta Gazette, dated the 28th December, 1950, Part I, page 2605., force on such date as the State Government may, by notification in the Official Gazette, appoint.
Definitions.
2. In this Act, -
(a) “appointed day” means the date appointed under sub-section (2) of section 1 for the coming into force of this Ac;
(b) “Cooch Behar” means the merged territory of Cooch Behar in the State of West Bengal;
(c) “State law”, means so much of any Act, Ordinance, Regulation, rule, order or by-law as relates to any of the matters enumerated in List II in the Seventy Schedule to the Constitution of India.
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, Cooch Behar shall, as from that day, extend to, or as the case may be, come into force in, Cooch Behar.
(2) All State laws which, immediately before the appointed day, are in force in Cooch Behar but not in the rest of West Bengal shall on that day cease to be in force in Cooch Behar, except as respects things done or omitted to be done before that day.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the Cooch Behar Acts specified in Schedule I was in force in Cooch Behar immediately before the appointed day shall continue to be in force therein after the said date subject to the adaptations specified in that Schedule, and the State law specified in Schedule II shall not extend to, or come into force in, Cooch Behar, The words within the square brackets were inserted by S.2 of the Cooch Behar (Assimilation of State laws) (Amendment) Act, 1969 (West Ben. Act XXIV of 1969). [or such part thereof as may be specified in the notification]:
Provided that the State Government may, by notification in the Official Gazette, appoint a date on which any of the Acts specified in Schedule I shall cease to be in force and any of the Acts specified in Schedule II shall extend to, or come into force in, Cooch Behar.
(4) Nothing in this section shall be deemed to restrict or affect in any way, any shooting or fishing rights guaranteed or assured to His Highness the Maharaja of Cooch Behar under any covenant or agreement made with the Government of the Dominion of India, before the commencement of the Constitution of India.
This Sub-section was added by S.2 of the Cooch Behar (Assimilation of State Laws) (Amendment) Act, 1954 (West Ben. Act XXXI of 1954). (5) Notwithstanding anything contained in the foregoing part of Cooch Behar is transferred from the district of Cooch Behar to, and included in, any other district in West Bengal, then, on and from the date of transfer, to, and inclusion in, such other district of such part. –
(i) all Acts specified in Schedule I which immediately before the said date were in force in such part subject to the adaptations specified in that Schedule, shall cease to be in force therein, except as respects things done or omitted to be done before such date; and
(ii) all Acts specified in Schedule II which immediately before such date did not extend to, or were not in force in such part, shall extend to, or, as the case may be, come into force in such part.
Provision for removal of difficulties.
4. If any difficulty arises in relation to the transition from the laws mentioned in sub-section (2) of section 3 to the laws mentioned in sub-section (1) thereof, the State Government may, by order notified in the Official Gazette, make such provision as it considers necessary for the removal of such difficulty. |
