White Paper on Indian States (1950)/Part 8/Sections 290A and 290B of the Government of India Act, 1935

by Ministry of States, Government of India

Sections 290A and 290B of the Government of India Act 1935

167. As a step in the direction of effecting such an organic integration, the Government of India Act, 1935, was amended to introduce two new Sections reading as follows:—

"290A.—Administration of certain Acceding States as Chief Commissioners' Provinces or as part of a Governor's or Chief Commissioner's Province.—(1) Where full and exclusive authority, jurisdiction and powers for and in relation to the governance of any Indian State or of any group of such States are for the time being exercisable by the Dominion Government, the Governor-General may by Order direct—

(a) that the State or the group of States shall be administered in all respects as if the State or the group of States were a Chief Commissioner's Province; or

(b) that the State or the group of States shall be administered in all respects as if the State or the group of States formed part of a Governor's or a Chief Commissioner's Province specified in the Order:

Provided that if any order made under clause (b) of this sub-section affects a Governor's Province, the Governor-General shall, before making such Order, ascertain the views of the Government of that Province both with respect to the proposal to make the Order and with respect to the provisions to be inserted therein.

(2) Upon the issue of an Order under clause (a) of sub-section (1) of this section, all the provisions of this Act applicable to the Chief Commissioner's Province of Delhi shall apply to the State or the group of States in respect of which the Order is made.

(3) The Governor-General may in making an Order under sub-section (1) of this section give such supplemental, incidental and consequential directions (including directions as to representation in the Legislature) as he may deem necessary.

(4) In this section, reference to a State shall include reference to a part of a State.

290B.—Administration of areas included within a Governor's Province or Chief Commissioner's Province by an Acceding State.—(1) The Governor-General may by Order direct that any area included within a Governor's Province or the whole or any part of the area included within a Chief Commissioner's Province shall be administered in all respects by a neighbouring Acceding State as if such area formed part of such State and thereupon the provisions of this Act shall apply accordingly:

Provided that where any such Order is made with respect to any area included within a Governor's Province, the Governor-General shall, before making such Order, ascertain the views of the Government of that Province both with respect to the proposal to make the Order and with respect to the provisions to be inserted therein,

(2) An Order made under sub-section (1) of this section may contain such supplemental, incidental and consequential provisions (including provisions for varying the representation in the Legislature) as the Governor-General may deem necessary."