2598784White Paper on Indian States (1950) — Orders under Section 290A of the Government of India ActMinistry of States, Government of India
Orders under Section 290A of the Government of India Act
168. An order under S. 290A, known as the States' Merger (Governor's Provinces) Order, 1949, issued on July 27, 1949, (Appendix XLIV) was applied to the Provincially-merged States with effect from August 1, 1949. Under the provisions of this Order,
(i) the Provincially-merged States were to be administered, in all respects, as if they formed part of the absorbing Provinces, and
(ii) all laws including the orders made under the Extra-Provincial Jurisdiction Act, 1947, which were in operation in these States at the time of the enforcement of this Order, were to continue in force until repealed or modified but no fresh orders could be made under the aforementioned Act.
The Order also provided for
(a) the representation of the merged States in the Legislatures of the absorbing Provinces;
(b) the apportionment of assets and liabilities as between the Centre and the Provinces, and
(c) the institution of suits and other proceedings against the Government and the continuance of pending proceedings.
Amending Orders under this section were issued in respect of U.P. States and Cooch-Behar on 29th November, 1949, and 31st December, 1949, respectively. (Appendices XLV and XLVI).
169. Under this Order, the States merged in a Province have been given representation in the Provincial Legislature in the same proportion to their population as the existing strength of the Provincial Legislature bears to the population of the Province proper excluding the States. As the preparation of the electoral rolls on the basis of the existing provincial franchise and other preparatory measures for conducting elections would have inevitably caused considerable delay, it was decided to fill the additional seats in the Provincial Legislature by nomination by the Governor-General. The distribution of assets and liabilities and the provision for the institution of suits follow the lines of the division of functions between the Centre and the Provinces.
170. A similar order known as the States' Merger (Chief Commissioners' Provinces) Order, 1949 (Appendix XLVII), was made applicable to the Centrally-merged States with effect from August 1, 1949. This Order provided for the Centrally-merged States being administered in all respects as if they were a Chief Commissioner's Province. In these States also, all laws including orders made under the Extra-Provincial Jurisdiction Act, which were operative at the commencement of the Order, were to continue in force until repealed or amended by competent authority but no orders could be made under the aforementioned Act after the issue of the Order. After the commencement of this Order, the Central Legislature alone could make laws for, or extend or apply laws to the newly-created Chief Commissioners' Provinces. The Chief Commissioners' Provinces which were created after August, 1949, were covered by another Order under section 290A issued on 22nd January 1950. (Appendix XLVIII).
171. In December 1949 Parliament passed an enactment (No. LIX of 1949) extending to the newly created Chief Commissioners' Provinces and the Provincially merged States the more important Central laws. So far as the Provincially merged States are concerned it was specified that only so much of the enactments shall apply to the merged States as extends to the absorbing Province and relates to matters with respect to which the Dominion Legislature has power to make laws for a Governor's Province. This enactment repealed the corresponding laws already in force in the areas in question either by means of orders under the Extra-Provincial Jurisdiction Act or by virtue of any other legislative power.
172. With the issue of the Order under Section 290A and the extension of the more important Central enactments, the position of the Provincially merged States became, to all intents and purposes, the same as that of Provinces. The process of assimilation in the Centrally-merged States also was greatly facilitated by the issue of this Order and the passing of the enactment. Considerable progress has been made in the newly created Chief Commissioners' Provinces in the direction of improving their administrative machinery. A brief account of the progress so far made in these Provinces and the Unions of States is given in the following paragraphs.
APPENDIX XLIV
Government of India
MINISTRY OF LAW
NOTIFICATION
New Delhi, the 27th July, 1949.
No. S. O. 25.—The following Order made by the Governor-General is published for general information:—
THE STATES’ MERGER (GOVERNORS’ PROVINCES) ORDER, 1949.
WHEREAS full and exclusive authority, jurisdiction and powers for and in relation to the governance of the Indian States specified in the Schedules annexed hereto are exerciseable by the Dominion Government;
AND WHEREAS it is expedient to provide by order made under section 290A of the Government of India Act, 1935, for the administration of the said States together with the adjoining Governors’ Provinces;
AND WHEREAS the views of the Governments of the said Provinces have been ascertained both with respect to the proposal to make such an Order and with respect to the provisions to be inserted therein;
NOW, THEREFORE, in the exercise of the powers conferred by the said section 290A, the Governor-General is pleased to make the following Order:—
1. (1) This Order may be cited as the States’ Merger (Governors’ Provinces) Order, 1949.
(2) It shall come into force on the first day of August, 1949.
2. In this Order, unless there is anything repugnant in the subject or context,—
(a) "absorbing Province", in relation to a merged State, means the Province specified in the heading of the Schedule in which that State is specified;
(b) "appointed day" means the date of the commencement of this Order;
(c) "central purposes" means the purposes of Government relatable to any of the matters mentioned in the Federal Legislative List;
(d) "law" includes any ordinance order, bye-law, rule or regulation having the force of law;
(e) "merged State" means any of the States specified in the Schedules, and in the case of Baroda, includes also the area known as Kutchigarh situated in Okhamandal;
(f) "Schedule" means a Schedule to this Order.
3. As from the appointed day, the States specified in each of the Schedules shall be administered in all respects as if they formed part of the Province specified in the heading of that Schedule; and accordingly, any reference to an Acceding State in the Government of India Act, 1935, or in any Act or Ordinance made on or after the appointed day shall be construed as not including a reference to any of the merged States, and any reference in any such Ac or Ordinance as aforesaid to a Province specified in a Schedule to this Order shall be construed as including the territories of all the States specified in that Schedule.
4. All the law in force in a merged State or in any part thereof immediately before the appointed day, including orders made under section 8 or section 4 of the Extra-Provincial jurisdiction Act, 1947 (XLVII of 1947), shall continue in force until repealed, modified or amended by a competent Legislature or other competent authority:
Provided that no orders shall be made under the said Act by any authority on or after the appointed day in relation to the governance of any of the merged States.
5. (1) All property, wherever situate, which, immediately before the appointed day, is vested in the Dominion Government for purposes of the governance of a merged State shall, as from that day, vest in the Government of the absorbing Province, unless the purposes for which the property is held immediately before that day are central purposes.
(2) A certificate of the Dominion Government signed by a Secretary to that Government shall be conclusive as to whether the purposes for which any property is held immediately before the appointed day are central purposes.
6. Arrears of any taxes outstanding in a merged State immediately before the appointed day shall be deemed to be due to, and may be recovered by, the Dominion Government or the Government of the absorbing Province, according as the proceeds of any such tax imposed after the appointed day would be due to, and recoverable by, the Dominion Government or the Government of the absorbing Province.
7. (1) All liabilities in respect of such loans, guarantees and other financial obligations of the Dominion Government as arise out of the governance of a merged State, including in particular the liability for the payment of any sums to the Ruler of the merged State on account of his privy purse or to other persons in the merged State on account of political pensions and the like, shall, as from the appointed day, be liabilities of the absorbing Province, unless the loan, guarantee or other financial obligation is relatable to central purposes.
(2) A certificate of the Dominion Government signed by a Secretary to that Government shall be conclusive as to whether any loan, guarantee or other financial obligation arising out of the governance of a merged State is relatable to central purposes.
8. Without prejudice to the special provisions contained in Article 7, any contract made or deemed to be made before the appointed day by, or on behalf of, the Dominion for purposes connected with the governance of a merged State shall, as from that day, have effect as if it had been made by, or on behalf of, the absorbing Province, unless it is wholly or in part for central purposes.
9. Any proceedings which, if this Order had not been made, might lawfully have been brought in a merged State by or against the Dominion shall, in the case of any liability arising before the appointed day or arising under any contract made before that day, be brought—
(a) by or against the Dominion, if the proceedings could have been brought by or against the Dominion had the liability arisen after the appointed day or, as the case may be, arisen under a contract made after the appointed day, and
(b) otherwise, by or against the absorbing Province.
10. If, immediately before the appointed day, any proceedings are pending in a merged State to which the Dominion is a party and if those proceedings would have been brought by or against the absorbing Province under Article 9 had they been brought after the appointed day, the absorbing Province shall be deemed to be substituted in those proceedings for the Dominion, and the proceedings shall continue accordingly.
11. (1) Notwithstanding anything contained in the Fifth Schedule to the Government of India Act, 1935—
(a) the total of seats in the Legislative Assemblies of the Provinces specified below shall be as follows:—
(b) the total of seats in the Legislative Council of Bombay shall be increased by 10 and shall be not less than 38 and not more than 40.
(2) Save as provided in this Article none of the provisions contained in the Fifth or the Sixth Schedule to the Government of India Act, 1935, shall apply in relation to the additional seats created by paragraph (1) of this Article.
(3) The allocation of the additional seats among the merged States for purposes of the nomination hereinafter provided shall be as shown in the Schedules.
(4) As soon as may be practicable after the appointed day, the Governor-General shall, by order in writing, nominate duly qualified persons to fill the additional seats and represent the people of the State or group of States to which those seats are allocated.
(5) A person shall not be qualified to be nominated under this Article if he—
(a) is subject to any disqualification under section 69 of the Government of India Act, 1935; or
(b) in the case of a seat in the Legislative Assembly, is less than 25 years of age, and in the case of a seat in the Legislative Council, is less than 30 years of age; or
(c) has not for a period of at least 180 days in the previous financial year resided in a house in the State or group of States to which the seat is allocated.
(6) Every order made under paragraph (4) of this Article shall be communicated to the Governor of the Province concerned, who shall cause it to be notified in the official gazette of the Province and communicated to the Speaker of the Legislative Assembly or, as the case may be, the Presidents of the Legislative Council and to each of the persons nominated by the order.
(7) If any of the additional seats created by paragraph (1) of this Article becomes vacant, it shall be filled by nomination of the Governor-General in accordance with paragraphs (4), (5) and (6) of this Article.
No. S. O. 27.—The following Order made by the Governor-General is published for general information:—
THE STATES’ MERGER (UNITED PROVINCES) ORDER, 1949.
Whereas full and exclusive authority, jurisdiction and powers for and in relation to the governance of the Indian States of Banaras, Rampur and Tehri-Garhwal are exerciseable by the Dominion Government;
And whereas it is expedient to provide by Order made under section 290A of the Government of India Act, 1935, for the administration of the said States in all respects as if they formed part of the United Provinces;
And whereas for the aforesaid purpose it is expedient to amend the States’ Merger (Governors’ Provinces) Order, 1949, and the States’ Merger (Chief Commissioners’ Provinces) Order, 1949;
And whereas the views of the Government of the United Provinces have been ascertained both with respect to the proposal to make such an Order and with respect to the provisions to be inserted therein;
Now therefore, in exercise of the powers conferred by the said section 290A and of all other powers enabling him in this behalf the Governor-General is pleased to make the following Order:—
1. This Order may be cited as the States’ Merger (United Provinces) Order, 1949.
2. In article 2 of the States’ Merger (Governors’ Provinces) Order, 1949 (hereinafter referred to as the Principal Order), for clause (b) the following clause shall be substituted, namely:—
'(b) "appointed day", in relation to the States specified in Schedules I to VI, means the first day of August, 1949, and in relation to the States specified in Schedule VII, the first day of December, 1949;'.
3. In paragraph (1) of Article 11 of the Principal Order,—
(a) in clause (a), after the entry relating to Orissa, the following entry shall be inserted, namely:—
"United Provinces ..................232";
(b) in clause (b), the following words shall be added at the end, namely:—
"and the total of seats in the Legislative Council of the United Provinces shall be increased by 1 and shall be not less than 58 and not more than 60".
4. After Article 11 of the Principal Order, the following Article shall be inserted, namely:—
"12. As from the appointed day,—
(a) the jurisdiction of the High Court at Allahabad shall extend to the whole of the merged State of Rampur (hereinafter referred to as "Rampur") as it extends to the United Provinces;
(b) the Bengal, Agra and Assam Civil Courts Act, 1887, shall extend to, and be in force in, Rampur as it extends to, and is in force in, the United Provinces;
(c) the Ijlas-e-Humayun, the High Court of Rampur and the other Civil Courts in Rampur (hereinafter referred as "existing Civil Courts") shall cease to function, and are hereby abolished;
(d) the Charter relating to the High Court of Rampur given by His Highness the Nawab of Rampur in July, 1948, shall stand repealed;
(e) all proceedings (including proceedings for confirmation of sentences of death) pending before the Ijlas-e-Humayun immediately before the appointed day shall stand transferred to the High Court at Allahabad and shall be heard and decided by that Court as if they had been proceedings instituted or commenced in that Court or submitted to it for confirmation of a sentence of death by a Sessions Judge subordinate to that Court, in accordance with subsection (2) of section 31 of the Code of Criminal Procedure, 1898;
(f) all civil suits, execution cases and other proceedings (other than proceedings in company matters) instituted or commenced in the High Court of Rampur in the exercise of its original civil jurisdiction and pending before that High Court immediately before the appointed day shall stand transferred to the District Judge, Rampur;
(g) all criminal trials instituted or commenced in the High Court of Rampur in the exercise of its original criminal jurisdiction and pending before that High Court immediately before the appointed day shall stand transferred to the Sessions Judge, Rampur;
(h) every appeal, case and other proceeding (other than proceedings to which clause (f) or (g) applies, but not excluding proceedings in company matters) pending before the High Court of Rampur immediately before the appointed day shall stand transferred to the High Court at Allahabad, unless it be an appeal in a criminal proceeding and the sentences appealed against is a sentence of fine only or is a sentence of imprisonment for a period not exceeding five years, whether with or without fine, in which case it shall stand transferred to the Sessions Judge, Rampur;
(i) all the powers and jurisdiction which under the law for the time being in force in Rampur were immediately before the appointed day exercisable by the High Court of Rampur in the exercise of its original jurisdiction shall be exercised by the District Judge, Rampur, or the Sessions Judge, Rampur, as the case may be;
(j) where any existing Civil Court by reason of its abolition under clause (c) of this Article, ceases to have jurisdiction with respect to any suit or proceeding, any proceeding in relation to that suit or proceeding which, if that Court had not ceased to have jurisdiction, might have been had therein, may be had in the Court to which the business of the former Court has been transferred under this Article;
(k) all suits and proceedings pending immediately before the appointed day before any of the existing Civil Courts shall stand transferred to the lowest Court, established under the Bengal, Agra and Assam Civil Courts Act, 1887, as extended to Rampur, which would have jurisdiction to try or dispose of such suit or proceeding;
(l) appeals from decrees and orders passed by the existing Civil Courts, but not appealed against before the appointed day, shall—
(i) in cases where such appeals would, before that day, have
lain under the law in force in Rampur to the High Court of Rampur, lie to the High Court at Allahabad;
(ii) in cases where such appeals would, before that day, have lain, under the law in force in Rampur, to any other existing Civil Court, lie to the corresponding Court established under this Article;
(m) any appeal from an order passed in a criminal case, but not appealed against before the appointed day, shall—
(i) if it is an appeal against an order passed by a magistrate and the appeal would, before such date, have lain under the law in force in Rampur to the High Court of Rampur, lie to the Sessions Judge, Rampur;
(ii) if it is an appeal against an order passed by the High Court of Rampur in the exercise of its original criminal jurisdiction, lie to the High Court at Allahabad;
(n) nothing contained in clauses (l) and (m) shall be construed to extend the period of limitation to which any such appeal may be subject on the day immediately before the appointed day;
(o) all decrees passed and orders made before the appointed day by the High Court of Rampur or by any of the existing Civil Courts and all sentences or orders passed in the exercise of criminal jurisdiction by the High Court of Rampur shall be deemed, for the purpose of execution, to have been passed or made by the corresponding court established under and in accordance with the provisions of this Article;
(p) in so far as this Article makes no provision or insufficient provision, the High Court at Allahabad may make such order for the transfer of suits, cases or proceedings pending before the High Court of Rampur or an existing Civil Court to itself or to any Court in Rampur subordinate to it, and where any case, suit or proceeding is so transferred, the Court to which it is transferred shall hear and dispose of the same as if it had been a case, suit or proceeding transferred to it, in accordance with the law for the time being in force; and
(q) the abolition of the Ijlas-e-Humayun, the High Court of Rampur or the existing Civil Courts under clause (c) of this Article shall not prejudice or affect the continued operation of any notice served, injunction issued, direction made or proceedings taken before the appointed day by such Ijlas or Court under the powers then conferred upon it.
Explanation.—In clauses (l) and (o), the expression "corresponding Court" means a Court in which the case or proceeding in which the sentence or order was passed would have lain if the case or proceeding had been instituted after the appointed day."
5. In the Schedules to the Principal Order, the following Schedule shall be added at the end, namely:—
"SCHEDULE VII
States merged in the United Provinces
Number of seats in the Legislative Council
Names of States
Number of seats in the Legislative Assembly
1
Rampur Banaras Tehri-Garhwal
2 3 2"
6. (1) In Article 2 of the States’ Merger (Chief Commissioners’ Provinces) Order, 1949, for the words "Bhopal, Bilaspur and Rampur", in both the places where they occur, the words "Bhopal and Bilaspur" shall be substituted.
(2) The Amendments made by paragraph (1) of this Article shall have effect as from the first day of December, 1949.
C. RAJAGOPALACHARI, Governor-General.
K. V. K. SUNDARAM,
Secretary.
APPENDIX XLVI
Government of India
MINISTRY OF LAW
NOTIFICATION
New Delhi, the 31st December, 1949.
No. S. O. 28.—The following Order made by the Governor-General is published for general information:—
THE STATES’ MERGER (WEST BENGAL) ORDER, 1949.
WHEREAS full and exclusive authority, jurisdiction and powers for and in relation to the governance of the Indian State of Cooch Behar are exercisable by the Dominion Government;
AND WHEREAS it is expedient to provide by Order made under section 290A of the Government of India Act, 1935, for the administration of the said State in all respects as if it formed part of the Province of West Bengal;
AND WHEREAS for the aforesaid purpose it is expedient further to amend the States’ Merger (Governors’ Provinces) Order, 1949;
AND WHEREAS the views of the Government of West Bengal have been ascertained both with respect to the proposal to make such an Order and with respect to the provisions to be inserted therein;
NOW, THEREFORE, in exercise of the powers conferred by the said section 290A and of all other powers enabling him in this behalf, the Governor-General is pleased to make the following Order:—
1. This Order may be cited as the States’ Merger (West Bengal) Order, 1949.
2. In clause (b) of article 2 of the States’ Merger (Governors’ Provinces) Order, 1949 (hereinafter referred to as the Principal Order), after the word and figures "December, 1949" the words and figures "and in relation to the State specified in Schedule VIII, the first day of January, 1950" shall be inserted.
3. In clause (a) of paragraph 1 of Article 11 of the Principal Order, after the entry relating to the United Provinces, the following entry shall be inserted, namely:—
"West Bengal ………………92."
4. After Article 12 of the Principal Order, the following Article shall be inserted, namely:—
"13. As from the appointed day,—
(a) the jurisdiction of the High Court at Calcutta shall extend to the whole of the merged State of Cooch Behar (hereinafter referred to as Cooch Behar) as it extends to the Province of West Bengal;
(b) the Bengal, Agra and Assam Civil Courts Act, 1887, shall extend to, and be in force in, Cooch Behar as it extends to, and is in force in, the Province of West Bengal;
(c) the High Court of Cooch Behar and the other Civil Courts in Cooch Behar (hereinafter referred to as "existing Civil Courts") shall cease to function, and are hereby abolished;
(d) every appeal, case and other proceeding, pending before the High Court of Cooch Behar immediately before the appointed day shall stand transferred.—
(i) if it is an appeal from a decree or order in a civil case where the amount or value of the subject-matter of the suit or other proceeding is not more than five thousand rupees, to the Court of the District Judge, Cooch Behar;
(ii) if it is an appeal in a criminal proceeding and the sentence appealed against is a sentence of fine only or is a sentence of imprisonment for a period not exceeding four years, whether with or without fine, to the Court of the Sessions Judge, Cooch Behar; and
(iii) in any other case, to the High Court at Calcutta;
(e) every civil appeal, suit or other proceeding pending, immediately before the appointed day, before any of the existing Civil Courts shall stand transferred to the lowest Court, established under the Bengal, Agra and Assam Civil Courts Act, 1887, as extended to Cooch Behar, which would have jurisdiction to try or dispose of such appeal, suit or proceeding;
(f) every criminal appeal, case or other proceeding pending, immediately before the appointed day, before the Civil and Sessions Judge, Cooch Behar, shall stand transferred to the Sessions Judge, Cooch Behar;
(g) every decree passed or order made before the appointed day by the High Court of Cooch Behar or by any of the existing Civil Courts, and every sentence or order passed in the exercise of criminal jurisdiction by the High Court of Cooch Behar or by the Civil and Sessions Judge, Cooch Behar, shall be deemed, for the purpose of execution, to have been passed or made by the corresponding court established under and in accordance with the provisions of this Article;
(h) where any existing Civil Court, by reason of its abolition under clause (c) of this Article, ceases to have jurisdiction with respect to any suit or proceeding, any proceeding in relation to that suit or proceeding which, if that Court had not ceased to have jurisdiction, might have been had therein, may be had in the Court to which the business of the former Court has been transferred under this Article;
(i) an appeal from a decree or order passed by an existing Civil Court, but not appealed against before the appointed day, shall,—
(i) where such appeal would, before that day, have lain under the law in force in Cooch Behar to the High Court of Cooch Behar and the amount or value of the subject-matter of the suit or other proceeding is more than five thousand rupees, lie to the High Court at Calcutta; and
(ii) where such appeal would, before that day, have lain under the law in force in Cooch Behar to the High Court of Cooch Behar or to the court of the Civil and Sessions Judge, Cooch Behar, and the amount or value of the subject matter of the suit or other proceeding is not more than five thousand rupees, to the Court of the District Judge, Cooch Behar;
(j) an appeal from an order passed by a magistrate in a criminal case but not appealed against before the appointed day, shall, if the appeal would, before such day, have lain under the law in force in Cooch Behar to the High Court of Cooch Behar, lie to the Sessions Judge, Cooch Behar;
(k) an application for revision of an order passed by a magistrate in a ciminal case shall, if such application would, under the law in force in Cooch Behar before the appointed day, have lain, but was not made, to the High Court of Cooch Behar, lie to the High Court at Calcutta;
(l) nothing contained in clauses (g) to (k) shall be construed to extend the period of limitation to which any such appeal, application or other proceeding may be subject on the day immediately before the appointed day;
(m) the abolition of the High Court of Cooch Behar or the existing Civil Courts under clause (c) of this Article shall not prejudice or affect the continued operation of any notice served, injunction issued, direction made or proceedings taken before the appointed day by such High Court or Civil Court under the powers then conferred upon it;
(n) no proceedings taken, or jurisdiction exercised, by a single Judge of the High Court of Cooch Behar during the period from the 31st day of October, 1949, to the 31st day of December, 1949, shall be called in question on the ground that the Court was not properly constituted or that such proceedings could have been taken, or jurisdiction exercised, only by a bench of two Judges; and
(o) in so far as this Article makes no provision or insufficient provision, the High Court at Calcutta, may make such order for the transfer of suits, cases or proceedings pending before the High Court of Cooch Behar or an existing Civil Court to itself or to any Court in Cooch Behar subordinate to it; and where any case, suit or proceeding is so transferred, the Court to which it is transferred shall hear and dispose of the same as if it had been a case, suit or proceeding transferred to it in accordance with the law for the time being in force.
Explanation.—In clause (g) the expression "corresponding Court" means a Court in which the case or proceeding in which the sentence or order was passed would have lain if the case or proceeding had been instituted after the appointed day."
5. In the Schedules to the Principal Order, the following Schedule shall be added at the end, namely:—
"SCHEDULE VIII
States merged in the Province of West Bengal
Name of State
Number of seats in the Legislative Assembly
Coooh Behar
2"
C. RAJAGOPALACHARI,
Governor-General.
K. V. K. SUNDARAM,
Secretary.
APPENDIX XLVII
government of india
MINISTRY OF LAW
NOTIFICATION
New Delhi, the 29th July, 1949.
No. S.O. 26.—The following Order made by the Governor-General is published for general information:—
THE STATES MERGER (CHIEF COMMISSIONERS’ PROVINCES) ORDER, 1949.
Whereas full and exclusive authority, jurisdiction and powers for, and in relation to, the governance of the Indian States and part of an Indian State hereinafter specified are exercisable by the Dominion Government;
Now, therefore, in the exercise of the powers conferred by section 290-A of the Government of India Act, 1935, and of all other powers enabling him in that behalf, the Governor-General is pleased to make the following Order:—
1. (1) This Order may be cited as the States Merger (Chief Commissioners’ Provinces) Order, 1949.
(2) It shall come into force on the first day of August, 1949, which day is hereinafter referred to as "the appointed day".
2. (1) As from the appointed day,
(a) each of the States of Bhopal, Bilaspur and Rampur shall be administered in all respects as if it were a Chief Commissioner’s Province, and shall respectively be known as the Chief Commissioner’s Province of Bhopal, Bilaspur and Rampur;
(b) the group of States specified in the first Schedule to this Order shall be administered in all respects as if it were a Chief Commissioner’s Province, and shall be known as the Chief Commissioner’s Province of Himachal Pradesh; and
(c) the parts of States specified in the Second Schedule to this Order shall be administered in all respects as if they were a Chief Commissioner’s Province, and shall be known as the Chief Commissioner’s Province of Kutch.
(2) The said Chief Commissioners’ Provinces are hereinafter referred to as "the new Provinces".
3. As from the appointed day, any reference to an Acceding State in the Government of India Act, 1935, or in any Act or Ordinance made on or after the appointed day, shall be construed as not including a reference to any of the States specified in Article 2(1)(a) of, or in the First Schedule to, this Order or to the State of Kutch, and any reference in any such Act or Ordinance as a foresaid to the Chief Commissioners’ Provinces shall be construed as including a reference to the new Provinces.
4. All the law in force in any of the new Provinces or in any part thereof immediately before the appointed day, including orders made under section 3 or section 4 of the Extra-Provincial Jurisdiction Act, 1947 (XLVII of 1947), shall continue in force until replaced, modified or amended by the Dominion Legislature or other competent authority:
Provided that no orders shall be made under the said Act by any authority on or after the appointed day in relation to the administration of any of the new Provinces or any part thereof.
For the purposes of this Article "law" includes any ordinance, order, bye-law, rule or regulation having the force of law.
THE FIRST SCHEDULE
[See Article 2(1) (b).]
The States comprising Himachal Pradesh
Bhagal
Bhagat
Balsan
Bashahr
Bhajji
Bija
Chamba
Darkoti
Dhami
Jubbal
Keonthal
Kumharsain
Kunihar
Kuthar
Mahlog
Mandi
Mangal
Sangri
Sirmur
Suket
Tharoch
THE SECOND SCHEDULE
[See Article 2(1) (c).]
The parts of States comprising Kutch.
(i) The State of Kutch, excluding the area known as Kutchigarh situate in Okhamandal.
(ii) That part of the United State of Saurashtra which is comprised in the Adhoi Mahal of Morvi, consisting of the seven villages Adhoi, Dharna, Gamdan, Halara, Lakhpat, Rampur and Vasatava.
C. RAJAGOPALACHARI,
Governor-General.
K. V. K. SUNDARAM,
Secretary.
APPENDIX XLVIII
Government of India
MINISTRY OF LAW
NOTIFICATION
New Delhi, the 22nd January, 1950.
No. S.O. 30.—The following Order made by the Governor-General is published for general information:—
THE STATES’ MERGER (CHIEF COMMISSIONERS’ PROVINCES) ORDER, 1950.
Whereas full and exclusive authority, jurisdiction and powers for, and in relation to, the governance of the Indian States of Manipur, Tripura and Vindhya Pradesh are exercisable by the Dominion Government;
Now, therefore, in the exercise of the powers conferred by section 290A of the Government of India Act, 1935, and of all other powers enabling him in that behalf, the Governor-General is pleased to make the following Order:—
1. (1) This Order may be cited as the States’ Merger (Chief Commissioners’ Provinces) Order, 1950.
(2) It shall come into force on the 23rd day of January, 1950, which day is hereinafter referred to as "the appointed day".
2. (1) As from the appointed day, each of the States of Manipur, Tripura and Vindhya Pradesh shall be administered in all respects as if it were a Chief Commissioner’s Province, and shall respectively be known as the Chief Commissioner’s Province of Manipur, Tripura and Vindhya Pradesh.
(2) The said Chief Commissioners’ Provinces are hereinafter referred to as "the new Provinces".
3. As from the appointed day, any reference to an Acceding State in the Government of India Act, 1935, or in any Act or Ordinance made on or after the appointed day, shall be construed as not including a reference to any of the States specified in Article 2 and any reference in any such Act or Ordinance as aforesaid to the Chief Commissioners’ Provinces shall be construed as including a reference to the new Provinces.
4. All the law in force in any of the new Provinces or in any part thereof immediately before the appointed day, including orders made under section 3 or section 4 of the Extra Provincial Jurisdiction Act, 1947 (XLVII of 1947), shall continue in force until repealed, modified or amended by the Dominion Legislature or other competent authority:
Provided that no orders shall be made under the said Act by any authority on or after the appointed day in relation to the administration of any of the new Provinces or any part thereof.
For the purposes of this Article "law" includes any ordinance, order, bye-law, rule or regulation having the force of law.
