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Section 37 – The State of Himachal Pradesh Act,1970

The State of Himachal Pradesh Act,1970

Section 37. Property, assets, rights, liabilities, obligations, etc

(1) All such property and assets within the existing Union territory of Himachal Pradesh as are held immediately before the appointed day by the Union for purposes of governance of that Union territory shall, on and from that day, pass to the State of Himachal Pradesh unless the purposes for which such property and assets are so held are Union purposes:

Provided that the cash balances in the treasuries in the Union territory of Himachal Pradesh before the appointed day shall, as from that day, vest in the State of Himachal Pradesh.

(2) All rights, liabilities and obligations (other than those relatable to, or in connection with, a Union purpose).whether arising out of any contract or otherwise, which are, immediately before the appointed day.

(a) The rights, liabilities and obligations of the Central Government arising out of, or in connection with, the governance of the Union territory of Himachal Pradesh; or

(b) The rights, liabilities and obligations of the Administrator of the existing Union territory of Himachal Pradesh in his capacity as such, or of the Government of that Union territory.

Shall, on and from the appointed day, be the rights, liabilities an obligations of the Government of the State of Himachal Pradesh.

(3) The right to recover arrears of—-

(a) Any tax or duty being a tax or duty enumerated in the State List in the Seventh Schedule to the Constitution, or

(b) Any duty referred to in article 268, or

(c) Any tax under the Central Sales Tax Act,1956, (74 of 1956).

Which have fallen due in the existing Union territory of Himachal Pradesh shall pass to the State of Himachal Pradesh.

(4) The provisions of this section shall not apply to or in relation to,—

(a) Any benefit or burden of any assets, rights, liabilities or obligations of the Union under the Punjab Reorganisation Act.,1966 (31 of 1966) attributable to the transferred territories as defined in the said Act;

(b) Any institution, undertaking or project the expenditure in relation to which is immediately before the appointed day met from out of the Consolidated Fund of India.

(c) Any property which has been placed by the Union at the disposal of the Administration of the existing Union territory of Himachal Pradesh subject to the condition that the ownership thereof will continue to vest in the Union.

Explanation

For the purposes of this section—

(a) “Liability” includes liability in respect of any civil deposit, local fund deposit, charitable or other endowment provident fund account, pension or actionable wrong;

(b) “Union purposes” mean the purposes of Government relatable to any of the matters mentioned in the Union List.

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The State of Himachal Pradesh Act,1970

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