The Merged States (Laws) Act, 1949

The Merged States (Laws) Act, 1949

The Merged States (Laws) Act, 1949

ACT No.59 of 1949 [AS ON 1956]

[ 26th December, 1949 ]

1. This Act was not adapted by the A.O.1950.

An Act to extend certain laws to certain areas administered as parts of Governors Provinces or as Chief Commissioners Provinces.

WHEREAS by Orders under section 290 A of the Government of India Act, 1935 (25 and 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 Commissioners Provinces;

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 :-

2. Definitions.

In this Act,

(a) The expressions ” absorbing Province ” and ” merged State ” have the same meanings as in the states’ Merger ( Governors’ Provinces ) Order, 1949, 1as amended by the States’ Merger ( United Provinces ) Order, 1949 2; and

(b) The expression ” new provinces ” means the Chief Commissioners” Provinces constituted by the States’ Merger (Chief Commissioners’ Provinces) Order, 1949,3 As amended by the States’ Merger (United Provinces) Order, 1949. 3

1. See S.O.25, Gazette of India, 1949, Extraordinary, po.1317

2. See S.O.27, ibid p.2611.

3. See S.O.26, ibid p.1343.

3. Extension of laws

(1) The Acts, Ordinances and Regulation 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 Regulation 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 Governors Province is hereby extended to and shall be in force in, all the merged States which are no administered as part of that provinces.

(3) If any of the said Acts, Ordinances and regulation 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 Provinces, 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 Provinces./

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,

(a) Any reference, by whatever from o 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 if Saurashtra ) mentioned in the states’ Merger by the states’ Merger ( United Provinces ) Order, 1949;

(b) Any reference, by whatever from of words, to Indian British subjects shall be deemed to include a reference to person who, immediately before the 1st day of August, 1949, were subjects of any of the merged states or of any of the States ( Other than the United State of Saurashtra ) mentioned in the States’ 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 the 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 Provinces shall be construed as including a reference to the merged states which are now administered as part of that Provinces,

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 is in force by virtue of an order under the Extra-provincial Jurisdiction Act, 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.

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 Provinces 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.

7. Powers of Courts and other authorities for purposes of facilitating application of law.

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.

THE SCHEDULE

[See section 3]

LAWS EXTENDED TO THENEW PROVINCES AND MERGED STATES

Year

Number

Short title

1839

XXXII

The Interest Act, 1839.

1841

X

The Indian Registration of Ships Act, 1841.

1850

XI

The Indian Registration of Ships Act (1841)Amendment Act, 1850.

1850

XVIII

The Judicial Officers’ Protection Act, 1850.

1850

XIX

The Apprentices Act, 1850.

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.

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.

1872

IX

The Indian Contract Act, 1872.

1872

XV

The Indian Christian Marriage Act, 1872.

1873

V

The Government Savings Banks Act, 1873.

1873

X

The Indian Oaths Act; 1873.

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.

1878

I

The Opium Act, 1878.

1878

VI

The Indian treasure-trove Act, 1878.

1878

VIII

The Sea Customs Act, 1878.

1878

XI

The Indian Arms Act, 1878.

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, i887.

1887

IX

The Provincial Small Cause Courts Act, 1887.

1888

III

The Police Act, 1888.

1889

IV

The Indian Merchandise Marks Act, 1889.

1890

I

The Revenue Recovery Act, 1890.

1890

VI

The Charitable Endowments Act, 1890

1890

VIII

The Guardians and Wards Act, 1890.

1890

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.

1898

V

The Code of Criminal Procedure, 1898.

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

IV

The Indian Foreign Marriage Act, 1903.

1903

XV

The Indian Extradition Act, 1903.

1904

VII

The Ancient Monuments Preservation Act, 1901.

1905

IV

The Indian Railway Board Act, 1905.

1906

III

The Indian Coinage Act, 1906.

1903

V

The Code of Civil Procedure, 1908.

1908

VI

The Explosive Substances Act, 1908.

1908

IX

The Indian Limitation Act, 1908.

1908

IV

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.

1909

VII

The Anand Marriage Act, 1909.

1910

IX

The Indian Electricity Act, 1910.

1911

II

The Indian Patents and Designs Act, 1911.

1911

VIII

The Indian Army Act, 1911.

1911

X

The Prevention of Seditious Meetings Act, 1911.

1912

IV

The Indian Lunacy Act, 1912.

1913

II

The Official trustees Act, 1913.

1913

III

The Administrator General’s Act, 1913.

1913

VI

The Mussalman Wake Validating Act, 1913.

1913

VII

The Indian Companies Act, 1913

1914

II

The Destructive Insects and Pests Act, 1914.

1914

III

The Indian Copyright Act, 1914.

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 Cinematography 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.

1920

XLVII

The Imperial Bank of India Act 1920.

1921

XVIII

The Maintenance Orders Enforcement Act, 1921

1922

XXII

The Police (Incitement to Disaffection) Act, 1922

1923

IV

The Indian Mines Act.1923.

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.

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.

1925

IV

The Indian Soldiers (Litigation) Act, 1925.

1925

XII

The Cotton Girming and Pressing Factories Act, 1925.

1925

XIX

The Provident Funds Act, 1925.

1925

XXVI

The Indian Carriage of Goods by Sea Act, 1925.

1925

XXXIX

The Indian Succession Act, 1925.

1926

III

The Government trading taxation Act, 1926

1926

VII

The Indian Naturalization Act, 1926.

1926

XII

The Contempt of Courts Act, 1926.

1926

XVI

The Indian trade Unions Act, 1926.

1926

XXI

The Legal Practitioners (Fees) Act 1926.

1926

XXXVIII

The Indian Bar Councils Act, 1926.

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.

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.

1932

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

XlI

The Foreign Relations Act, 1932.

1932

XIV

The Indian Air Force Act, 1932.

1932

XX

The Port Haj Committees Act, 1932.

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.

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

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.

1934

III

The Parsi Marriage and Divorce Act, 1936.

1936

IV

The Payment of Wages Act, 1936.

1936

I

The Agricultural Produce (Grading and Marking)Act, 1937.

1937

XVIII

The Hindu Women’s Rights to Property Act, 1937.

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 Manœuvres, Field Firing And Artillery Practice Act, 1938.

1938

VIII

The Indian tea Control Act, 1938.

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

1939

VIII

The Dissolution of Muslim Marriages Act, 1939.

1939

IX

The Standards of Weight Act, 1939.

1939

XIX

The Coal Mines Safety (Stowing) Act, 1939.

1939

The Indian Naval Reserve Forces (Discipline) Act,

1940

V

The trade Marks Act, 1940.

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

1941

XX

The Professions tax Limitation Act, 1941.

1941

XXI

The Federal Court Act, 1941.

1941

XXV

The Railways (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.

1942

XXVI

The Federal Court (Supplemental Powers) Act, 1942

1943

IX

The Reciprocity Act, 1943.

1944

J

The Central Excises and Salt Act, 1944.

1944

X

The Indian Coconut Committee Act, 1944.

1944

XVIII

The Public Debt Act, 1944.

1946

IX

The Indian Oilseeds Committee Act, 1946.

1946

XVII

The Protective Duties Act, 1946.

1946

XIX

The Hindu Married Women’s Right to SeparateResidence and Maintenance Act, 1946.

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.

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.

1947

VII

The Foreign Exchange Regulation Act, 1947.

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.

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, 1947.

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.

1948

XXXII

The Road transport Corporations Act1948.

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 BonusSchemes Act, 1948.

1948

XLVII

The Displaced Persons (Institution of Suits) Act, 1948.

1948

LIII

The Mines and Minerals (Regulation and Development) Act, 1948

1948

LIV

The Electricity (Supply) Act, 1948.

1948

LXI

The Central Silk Board Act, 1948.

1948

LA.

The Factories Act, 1948.

1949

X

The Banking Companies Act, 1949.

1949

IX

The Central tea Board Act, 1949.

1949

XXI

The Hindu Marriages Validity Act, 1949.

1949

XXIII

The Influx from Pakistan (Control) Act, 1949.

1949

XXV

The Displaced Persons (Legal Proceedings) Act, 1949.

1949

XXX

The Public Companies (Limitation of Dividends) Act, 1949.

1949

XXXVIII

The Chartered Accountants Act, 1949.

1940

IV

The Currency Ordinance, 1940.

1941

XI

The Essential Services (Maintenance) Ordinance, 1941.

1942

XLI

The Armed Forces (Special Powers) Ordinance, 1942.

1944

XXXVIII

The Criminal Law Amendment Ordinance, 1944.

1944

XLII

The Post Office National Savings Certificates Ordinance, 1944.

1945

XLVII

The International Monetary Fund and Bank Ordinance, 1945

1949

XI

The Industrial tribunals Payment of Bonus (National Savings Certificates) Ordinance, 1949.

1818

III

The Bengal State Prisoners Regulation, 1818.

Misc – Laws and Bare Acts of India

Indian Laws – Bare Acts

Leave a Comment

Your email address will not be published. Required fields are marked *