Subject NOT available

/

1 \ f

[_Xot inure than li¹ ' Xot muLV than 5o

V< w ^>-

fXuf ]'_'ss t h an :-> Bombay

Not le.^ than 2S

3

M

i Xi>t iniiTe tlitm i Xot mrnv than 2CJ

}

i—j

["Xot !e^ than 6 United' ProvitKv^. Xot kv^ thin .r>7

•

t—i

17

[_Not uifii'e than S Not niofe than 59

H~

}

i

fXot lei^ than 3 Xot le&s than 2S

Bihar.

12

4

it

I X"ot inoi-e than 4 Xot mure than 'X>

}

Si-hedule Adaptations

Sixth Schedule In Part I—

in paragraph 5, omit " a European consti-

tuency " and " a European " ;

in paragraph 6, omit " European constitu-

ency '' ;

in paragraph 12, for " British India police force " substitute " police force belonging to any Governor's Province or Chief Com- missioner's Province " ;

in sub-paragraph (1) of paragraph 13, omit " European " and for " Part I of the First Schedule " substitute " the Fifth Schedule"; in sub-paragraph (2) of paragraph 13, for " an Order in Council delimiting territorial cons- tituencies " substitute " the Government of India (Provincial Legislative Assemblies) Order, 1936, or an Act of the Provincial Legislature ", after " any such Order in Council " insert " or Act ", and omit 'c European constituency ".

In paragraph 1 of Part III omit " European ".

In Part IV.—

in the Title, for " Bengal " substitute " West

Bengal";

in sub-paragraph (1) of paragraph 1, omit

proviso (b) ;

in paragraph 14, for" Bengal " substitute " West Bengal " and omit " European constituencies " and " European consti- tuency ".

In Part VI, in the Title and kt paragraph 10, for " The Punjab " substitute " East Punjab ".

In Part IX.—

iri paragraph ], omit the proviso ; in paragraph 9A, omit " British ".

Omit Parts X and XII.

Schedule

Adaptations

Seventh In List I

Schedule

for entry 1 substitute :—

" L The naval, military and air foroes of the Dominion and any other firmed foroes raised ov maintained by the Dominion ; and armed forces which are not foroes of the Dominion but are attached to or operating with any of the armed forces of the Domi- nion ; central intelligence buroau: pre- ventive detention for reasons of State connected with defence or external affairs " ;

in entry 2, omit " (not being cantonment areas of Indian State troops) ", and omit " within British India ";

in entry 9, for lt Federal '' substitute " Domi- nion ";

in entry 17, after "' domiciled in India' insert " or " and omit "• or British subjects domiciled*in the United Kingdom ";

in entries 34 and 30, for " Federal control substitute " Dominion control ";

for entry 39 subsftute :•--

" 39. Extension of the powers and juris- diction of members of a police forco belong- ing to any province to any area in another province, but not so as to enable the police of one province exercise powers and jurisdiction in another province without the consent of the Government of that Pro- vince ; extension of the powers and juris- diction of members of a police force belong- ing to any unit to railway aroas outside that unit.

In this entry ' province ' includes " a Chief Commissioner's province" ;

MlfW TI-IK C A Z K T TE IU J N J . UA E X T L ' A o k D J N u U i Y, A U ( 1. 1 4. l ' . U7

Schedule

Adaptations

in entry -10, omit lw and of any Order in Council

made thereunder ";

in entry 41, fur the wordy from " Fodoral A [it list ers " to v" Federal Assembly " snb: at it u tr " Dominion Ministers and of the President and JJojiuty President of the Dominion Legislature ", and omit " to HUP.1I extent as is expressly authorised l>v Part J [ of tin's At-t ".

In List II

in entry 1 1, omit '" and of any Order in ("louneil

made 1 liereunder "

in entries 1'JJ and 29, for LLFederal " fmbstitmV-

il Dominion ":

[n entry 34 of List JIT, for " Federal " sulwtitnk-

'" Dominion "

Omit.

Eighth

Schedul<

Ninth

Omit.

(Schedule

II.—The India (Central Government ami Legislature Act, 1946,

Section

Adaptations

1

•>

Omit, For lt Indian Legislature " substitute " Dominion Legislature ".

In sub-section (2) for '' Governor-General in (.'ouncil " Biibatitnte " iJorniuion ".

In sub-section (;'J) omit " either Cliamber of". 3JI sub-section (4) for " Federal " substitute

" Dominion '\

'TII^j (iAZETTTC OK 1X1)1 A KXTli A(TJtl MX AHY. WC U, H)47 gflo

Section

Adaptations

3

In sub-section (1) for the words "Indian Logis- laiurt' " where they first occur substitute " Dominion Legislature ", und for " Governor- General in Council ^ substitute " Central Gov- ernrneni ".

In sub-iscotiun (2) for " Governor-General in (•ouncil*¹ Hubstitute "Dominion".

4

For " both Huiiaea of Parliament " Hubstitute " t he Dominion Le^isluturo ".

After seetion 4 insert the following :—

" 4A. Powers oi the Dominion Legislature to be Powers of the Constituent Assembly—The powers of the Dominion Legislature under this Act shall, until other provision is made by or in accordance with a law made by the Constituent Assembly under sub-section (I) of section S of the Indian Independence Act, 1!)47, be exercisable by that Assembly, and accordingly referenee^iri this Act to the Dominion"Legislature shall be construed as references to the Constituent Assembly ".

0

Omit .sub-section (1).

MOTNTHATTEN OV ttTKJVIA,

Governor-General.

K. V. K. SUNJ)ARAM,

Officer on Special Duly.

SECRETARIAT OF THE GOVERNOR-GENERAL

(REFORMS),

NOTrFICATTON

NPW Delhi, the 14th August, 1947

No. G. G. 0. 15.- -The following Order made by the Gov - ernor- General is published for general information:-—

THE INDIA (PROVINCIAL LEGISLATURES) ORDER, 1947.

In exercise of the powers conferred by section 9 of the Indian Independence Act, 1947, 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 India (Provincial Legislatures) Order, 1947.

(2) It shall come into fo'rce at once.

2. (1) In this Order,-

"appointed day" meaua the fifteenth day of August, ]947;

"sitting member", in relation to a Provincial Legislative Assembly or Provincial Legislative Council, means a perron who at the commencement of this Order is a member of that Assembly or as the case may be of that Council;

"East Punjab constituency" means a constituency speci- fied in the Sixth Schedule to the Government of India (Pro- vincial Legislative Assemblies) Order, 1936, as adapted by- Article 3 of this Order;

"Punjab constituency" means a constituency specified in the Sixth Schedule to the Government of India (Provincial Legislative Assemblies) Order, 1936, as in force at the com- mencement of this Order;

"West Bengal constituency" means a constituency speci- fied in the Fourth Schedule to the Government of India (Pro- vincial Legislative Assemblies) Order, 1936, as adapted by- Article 3 of this Order.

(2) The Interpretation Act, 1889, applies for the inter- pretation of this Order as it applies for the interpretation of an Act of Parliament.

'6. As from the appointed day, the Government of India (Provincial Legislative Assemblies) Order, 1936, the Govern- ment of India (Provincial Legislative Councils) Order, 1930, the Government of India (Scheduled Castes) Order, 1936, and the Government of India (Provincial Elections) (Coriupt .Practices and Election Petitions) Order, 1936, shall, until other provision is made by or in accordance with, a law made by the Constituent Assembly of India or, in relation to any Provincial Legislature, by or in accordance with an Act of that Legislature, apply to the Dominion of India—

(a) with the omission of the expression "exercising his individual judgment'¹ and of the expression "in his discre- tion" wherever they occur in the said Orders, and

(b) with the omissions, additions, adaptations, and modi- fications directed in the'Schedule to this Order.

4. (1) As from the appointed day, evei'y sitting member of the Bengal Legislative Assembly representing a constituency which immediately before that day bears the same name as a West Bengal constituency shall, notwithstanding any altera- tion in the extent of that constituency, lie deemed to have been elected by that constituency (o the Legislative Assembly of West Bengal :

Provided that no sitting member of the Bengal Legislative Assembly representing the Bengal Chamber of Commerce constituency shall be deemed to have been elected by that con- stituency to the Legislative Assembly of West Bengal

(2; As from the appointed day, the sitting member of the Bengal Legislative Assembly re]")resenting the Calcutta Uni- • versity constituency shall be deemed to have been elected by the University constituency to the Legislative Assembly of West Bengal.

(3) Elections shall be held as soon after the appointed day fls may be practicable to choose the members of the Legislative Assembly of West Bengal representing—

8 72 T HE d A Z R T TE OF f N J HA K X TU V O l tl )1 I\TA I ! Y, A ( ' (i U 1 1 ) 47

(4) Unless the person who under the provisions of para- graph (l)of thi.s Article is denned to have been elected by the Railway Trade Union constituency or the. Water Transport Trade Union constituency previously resigns his sent in the -Legislative Assembly of Hast Bengal, he shall cease to be a Jnumber of the Legislative Assembly of West .Bengal on the lirst d;iy of September 1047, and his seat in that Assembly shall become \acant on that day.

" (1) As from the appointed day, every sitting¹ member of the Punjab Legislathr Assembly representing a consti- ti-cncy vvhinJi immediately before that day bears the same naiae as an East Punjab constituency shall, uotwithstaiidini;- aii\ alteration in the eMent of that constituency, be deemed io have beeri elecled by that coiistii uonev to the T>e^islative Assembly of East Piuijnb.

iBLIC

J'ft ' Piinj'th i'/>.'ii/<'i.'it a,'ij

Jiiml Punj'ih Con.itihi nry

>]-isi, Pmijaii (.Vimi'inn.' ivad Inclu-iti'v.

V\ii\\.\^\ Co inii''iiB- .'iii, 1 lml'Hiix

Ainlin.I-i Divisimi Ltinflho'd'Ts.

¥J-,\, t T ' u n j u l' l^iJidli'-i'd'¹!-...

Julliuiflm ].)ivni

Di 'tri'-it l/uiilho¹(l<'iia,-

T11K ' 1 A Z K 1 TU Ob' I V1 > IA t ' A T K A O U IH \ AUY, A U U. 14, 11)17 HI',',

Trade Union constituency ox the University constituency pre- \iuusly resigns his seat in the Legislative Assembly of West J 'nn jab, he shall cease 1<> be a member of the Legislative Assembly of Mast Punjab on the first da\ of September, 1947, am! his seat in that Assembly shall become vacant uu that day,

li. (I) Every sitting member of the Assam Legislative Assembly representing a constitueney whose name is not in- cluded in the Ninth Schedule to the Government of India (Provincial Legislative Assemblies) Order, 1936, as adapted by Article X i>f this Order shall on I be appointed day cease to be a member of the Assam Legislative Assembly.

(2) All sitting members of the Assam Legislative Assembly representing- the Kuropeau Planting constituency shall on the appointed day eease lo be members of that Assembly, ,uid n bv elect ion shall be held for the election of one member to represent that constituency.

(H) As from I he appointed da\ the silting member of Hie Assam Legislative Assembly representing the Indian Planting (Assam Valley) constituency shall, not withstand ing the alteration in the extent of that constituency, be deemed to have been elected b\ that constituency.

(4) OLI the appointed day the Assam Legislative Council -shall cease to exist.

7. The sitting members of the Legislative Assemblies and .Legislative Councils of .Madras, "Bombay, the United Pro- \iuces and Bihar representing European constituencies and I lie sitting member of the Legislative Assembly of the Ceniral Provinces and "Berar representing the European constituency shall on the appointed day cease to be members of the said Assemblies or Councils as the case may be.

THE SCHEDULE.

i.- -THE GOVERNMENT OF INDIA .' PROVINCIAL LEGISLATIVE ASSEMBLIES ) ORDER, 1936.

Adaptations Paragraph

Part

5

I

For "a Federated ytate " .substitute " an

acceding Stato ".

•

For " B e n g a l" substitute "West Bengal" and for " the Punjab " substitute " East Punjab ".

14 For " Bengal '' substitute " West Bengal ".

Jtf For " Bengal " subHtitute " West Bengal ",

Omit.

26

4 and 5

11

Omit.

Ml In sub-paragraph (1), omit " Briti.sji ".

28 In wub-jiaragraph (2), after " Judin ' ijiKcrt

M or in an acceding State ".

3 Omit.

III

In sub-paragrajih (2), after " Indin " insert

" or in an acceding State ".

For " B e n g a l" subwtitute "West Hmfnl".

JV

Title

In fiub-paragiaph (4), omit " Eiiroi can ",

l

5 and 6 Omit.

For tlit* heading above paragraph 8, substi- tute " Commerce and Industry Seats ".

il in sub-paragraph (1), omit "mining or plant- ing " and for " t he constituent body" substitute "a constituent bodj ".

Omit sub-paragraph (4).

Part Paragraph

Adaptations

15 In sub-paragraph (1), For " Burdwan and Presidency divisions " substitute " Burdwan division and that jwjrtion of the funnel Presidency division which is within the Province of West Bengal ", and for " Dacca Rajshahi and Chittagong divisions " tmb- stituto " Jalpaiguri and Darjeeling dis- tricts ".

In sub-paragraph (3), omit olmipc (a).

In sub-paragiajh (1), omit " or Chitisgong '".

18

For sub-paragraph (]) substiiuie:-

, 27

" (1) The seat io bo filled by a representa- tive of University shall be filled by an election in a constituency to ho called tho University constituency ".

In sub-paragraph (2),—

for " a University constituency" substitute

" the University constituency " ;

after '' India '' insert lL or in an acceding

State. " ;

for clause (a) substitute " (a) is a member of tho Sonatp of the Calciitta University ; or ";

in clause (b), for " of the University " awbfi- tituto " of tho Calcutta University or of tho Dacca University "; and omit the Proviso.

V

Omit.

3

20 After " India " insert " or in an iu ceding

VI

Title State ". For "The Punjab " substitute.¹' East Pun-

jab ".

S7" T J JK < ; A Z U T TE < >F I \ D JA E X T I ; A O K I . ) 1 NTA J ; V, A n ;. 14, MMT

Pam^ra] >h Adaptations

After sub-paragraph (3) insert :— -

¹¹ (4) The definitions in Parts I and II of tho Sixth Schedule to this ordor of tho extent of n rural constituency by a reference to a division or district or part of a district shall not have effect of including in Unit district any part which is includod in an urban constituency of tho name i-onininnnJ description."

•> Omit.

3 -1 and 5

For L'a seat" substitute "tho seat". Omit.

0

In sub-paragraph (1), for " 1'art VUJ

substifciito " Part V ".

10

11

For " Part IX " substitnto " ftiri- VI ". Yov the words from "tho Turnaiidar'n ROIL- sljtuencv " to " any other " substitute "La".

11' lj¹ot' fcJie words from 7 the Ttunnndar's run,- stituency nI to " any other 'n nubstitnto " a ".

1 1 In aub-paragiaph (]), for " L'art X" substi-

tute " P a rt VII n'.

In sub-paragraph (3), for " North Westtrn Railway Union " substitute " trade unions mentioned in the s?cond column of the first of tha said tables ".

In sub-paraj^naph (J), for the words from the beginning to> " each such constituency " Hubstituto " the remaining constituency sliall bo a non-union labour constituency and the electoral roll for that constituency ".

ir. In sub-paragraph (3), for " the North West, Railway Union " substitute " a constituent Tailwjvy trade union ".

[n sub-paragraph (2), after " India " insert

IS

" or in an acceding State ".

VII

Omit.

T J IE ( 1 A Z E T TE OK I N D IA E X T K A< HM.)"I N A I i \, A U U. 1-1, V J 47 H 77

Adaptations

Port Paragraph

22 In sub-paragraph (2), alter " I n d i a" insert

'" or in an acceding State ".

I

VIII

)u sub-paragraph (4), for "a Kuropoan con- stituency " substitute L' constituency "'.

3 ()mit.

20 In ,sub-])aragi-aj)]i (2), aftw " I n d i a" insert

" or in nil acceding State".

3

IX

Omit.

5

<)

Omit "British ". In Hul>-paragra|)Ji (2), for " a Britisli .Indian police i'orco n' yul).stitut<' " an Indian polieo

li\ rtul)-p;iia^Ta]>li (3), omit "British".

]I In rjub-j)aragrn])h (1), for " st^von" substi- tute " o n e" ami for " t w o" substituto " one ".

12 Ill Hiil)-fiiiriigraph (1), l or " oither of t ho

Indian planting ronatituoiu'ioB " aubstitnto " t he Indian planting constituency".

2U In Hub-paragra.pli (I), for " tLe Thakurbari "cougtitucncy n ml the SilcJiaj' constituency'' substitute " and tlio Thakurbari consti- tuency ".

In rtub-puragruph (2), for " the Bisvvanatli constituency and thy Kriniangal consti- tuency " substitute " and tho Bisvu- natli constituency ".

( > i n i t.

X

Omit.

XII

Adipatioiis

ScJicdule

. Omit l-'art V. . Omit Part V.

Second Schedule . Third Schedule .

For this Schedule substitute :—

Fourth Schedule .

F O U R TH SCHEDULK.

W E ST BBNOAL CONSTITUENCIES.

7. -General Constituencies.

Extent oi' Coristitucnfy.

Name of Constituency

No. of Scheduled Seats. Castes Seats.

(i) Urban-

The Shanif)iikur, Kumartuli. Belgaoliin, Satpukur and Coa- Hipur warda of Calcutta,

Calcutta

1

East.

T.lie Barlola, Sukea Street, Buliaghatta and Maniktalo wards of Calcutta.

¹

C'lli'UTki

West.

The Jorabagan, Bara Bazar. Bow Bazar and Waterloo Street wardu of Calcutta.

I

Calcutta

(Wit.rnl.

The Jdrawnikij, Collitotola und Muchipflrn wards of Calcutta.

¹

CilfiiUa ftnllth Central.

The 1'artdripukur, Fenwick Btizar. Taltala, Kalinga, Park Street. Bamun Buatce, Tangra. Entally, Beniajnikur end Bally- saiij warda of Calcutta.

¹

Calcutta Smith.

The Bhowanipnr, Kaligliat, Ali- purci, Ekbalpur, Watgajij and Hastings and Tollyganj ward.s of Calcutta.

The municipalities of the Hooglily

1

and HuwJ'ali districts.

HuuL'bly cum Howrah Munieipal.

¹

Bui (^ wan I)ivi.si"n Xurth .\rimicipal.

ThemunicipalitieNdf tlioBurdwan, Birbhum, Bankura and Midna- pore diwtrietH and the town of Kharagj)ur in the Widna.pore district.

¹

24-T'nrKaius

MunicipH].

The municijmJities and (-unton- ment of the 24-Parganaw di-s- tric^t.

Extent ot OonslitueiH-.y

No of Seats

Name of Constituency

8ched*Ied Castes Seats

(ii) Rural.

1

2

Buidwan

Central.

The Sadar sub-division of the Burdwan distriot excluding municipal areas.

1

2

Burdwan North- Woat.

The Kalna, Katwa and Asansol sub-divisions of the Burdwan district excluding municipal areas.

t>

1

The Birbhum district excluding

Birblium.

municipal areas.

1

2

Bankura West.

The Sadar sub-division of the Bankura district excluding munioipal areas.

1

* •

Bankura East.

The Bishnupur sub-division of the Bankura district excluding municipal areas.

o

1

Midnapore Central.

The Sadar sub-division of the Midnapore district excluding municipal areas and the town of Kharagpur.

•1

1

Jhargram cum Ghatal.

The Jhargram and Ghatal sub- divisions of the Midnapore district excluding munici- pal areas.

]

Midnapore East.

The Tamluk sub-division of the Midnapore district excluding municipal aroas.

1

Miinapore South- Weat.

The Egra, Ramnagar and Contai police-stations in the Contai sub-division of the Midnapore district,

]

Midnapore South- "East.

The Khejn, Patashpur and Bhag- wanpur poltte-stations in the Contai sub-division of the Midnapore district.

]

,2

Hooghly North- East.

The Sadar sub-division and the Serampore, Uttarpara, Bhad- reswar, Singnr and Chanditala police-ptations in thw Serampore sub-division oi the Hooglily district excluding municipal areas.

Scheduled

Kxtent of Constituency

  Name  of
Constituency                                      No. of    Castes
                                                  Seats.    Seats

¹

Hooghly •South- Went.

2

¹ 2

^{1 1}

2

¹

II.—MT;HAMMADAN CONSTITUENCIES.

(*) Urban-

Name of Extent of Constituency

N o. of S e at a Constituency

(i) Urban—contd.

¹ Calcutta South-

The Fenwiok Bazar, Taltala, Kalinga, Park Street, Bamun Bustee, Tangra, Entally, Beni- apukur, Ballygunj, Bhowani- pur, Kalighat, Alipore^ Ekbal- pur, Watganj and Hastinge, and Tollyganj wards of Caloutta.

] The municipalities of the Hooghly

and Howrah districts.

Hooghly cum Howrah Municipal.

. T he B u r d w an d i s t r i ct . . ..

^{1 1} . T he B i r b h um d i s t r i ct . . ..

¹ . T ho B a n k u ra d i s t r i ct . . ..

¹ . T he M i d n a p o re d i s t r i ct . . ..

¹ . T he H o o g h h¹ d i s t r i c t, e x c l u d i ng m u n i c i p al

a r e a s. *

¹ T he H o w r a li d i s t r i c t, e x c l u d i ng m u n i c i p al

a r e a s.

Extent of Constituency

Name of

No. of SftAta Constituency

("'*) Rural—oontd-

} 24-PargH,nae Central.

The Tollyganj, Sonarpur, Behala, Metia- bniz, Maheshtola, Canning, Budge- Budge and Bhangar police-stations of the Sadar sub-division, the Barrackpoio sub-division and the Barasat, Amdangn and Rajtirhal police-stations of tho Barasat sub-division of the 24-Pargant*s district, excluding municipal and canton- ment areas.

24-Parganas

r North-East.

The Basirhat sub-division and the Degangu, and Habra police-station? ot the Baraaat sub-division of the 24-Parganas district, excluding municipal areas.

i

The Sadar sub-division of tho Khulna Khulna

district.

i

The Satkhira sub-division of the Khulna Satkliira

district.

The Bagerhat sub-division of the Khulna t Bagerhat . i

aiSDnot.

l Jalpaiguri cum

Tlie Jalpaiguri and Darjeeling districts .

Darjeelinir.

I I I . ^ W O M B N '8 CoN8TITUE"orBS.

Extent of Constituency '.

Name of Constituency

No. of Seats

(t) General Urban.

•

1 Calcutta (General)

Part I,—The area bounded on the North by Grey Street, on the South by Bow Bazar Street, on the East by Upper Circular Road and on the West by Chittaranjan Avenue with extension up-

to Grey Street.Part II.—The area bounded on the North

by Bark Street, on tho South and East by Lower Ciroular Road and on the "West by Chowringhee Road.

Name

Extent of Constituent)}*

of Constituency

No. of Seat a

(i) General Urban-—contd.

Calcutta (General) Part III.—The JJallyganj, Bhowanipur, Alipore and Tollyganj wards of Calcutta.

—contd.

(ii) Muhammadan Urban-

1 Caloutta as defined in seotion 3 (11) of the

Caloutta Municipal Aot, 1928.

€aloutta (Mu- hamniadan).

£ V . —A W Q L O - I K D I AN CONSTITUBINOY.

Eitent of Constituency

Name of ^Constituency

No. of Seat a

4

Anglo-Indian The whole of Wost Bengal (eioluding the Chittagong Hili Tracts).

(including one woman's seat).

VI.—-INDIAN CHBISTIAN CONSTITUHSTOY..

Extent of Constituency

Name of Constituency

No. of Seats

1 Caloutta, Khulna and 24-Pajrganas die-

triots.

Caloutta cum PreBidenoy Division.

V T T . —C O M M E R CE A ^D I N D U S T RY C O N S T I T U E N C I E S-

N o. of Seata

N a me of C o n s t i t u e n cy

B e n g al

. 1 C h a m b er of Commoroe . . . ..

Caloutta

I T r a d es Association, I n d i an J u te Mills Association,

i T*a Association a nd I n d i an Mining Association.

I n d i an

N a t i o n al C h a m b pr of Commeroo

Bengal

C h a m b er of Commeroo . . . ..

I n d i an

. 1

M a r w a ri Association . . . . . ..

. 1

C h a m b er of Commorco . . . ..

Muslim

. 1

VIII. — LANDHOLDEKS CONSTITUENCIES.

Extent of Constituency

No. of Seats- Name of Constituency

The Burdwan Divifiion . . ..

Z Burdwan. Land-

kolders.

1 Presidenoy Land-

holders

All districts other than the Chittagong Hill Traota and the districts of Burdwan Division

IX.— LATCOITK. OONSTITUWVCIES.

lCxtont of (.)criBtituency

No. of goats Na.nio of Constituency

(i) Trade Union Labour-

I Railway Trade Rogisterod trady unions of railway workers

Union.

operating in the fYovinoo.

1 Registered trade uniojisofwat"r transport

Water Transport Trade Union.

workorfi operating in the Province.

(") Factory and CUtllierif Labour.

1 Calcutta and the Sadar sub-tUviston of the

24-Parganas district.

Calcutta and Suburbs (Re- gistored Faoto- riea).

1 The Barraokpove subdivision of the 24-

Pargana8 distriot.

Barrackpore (Re- gistered Fac- tories).

.1 The Hovrrah district . . . t

Howrah (Regis - terod fjvotorioti).

1 Th.o Sadar and yerarnpore sub-divisions

of the Hooghly district.

Hooghly cum Serampore (Ro- gistered fao- tories).

1 The Asansol sub-divinion of the- Burdwan

Colliery (Coal

Mines).

distriot.

{Hi) Tea Garden Labour

First election

Tho following tea gardens:—

Bengal Dooars

(Western).

(iood Hope alia,? Sisubari. Dam Dim. Ranichomi. Kumlei. Rangamati. GurjangjhoiH. Hahaipotha. Now GJonooe. Bylee. Nodam.

Extent of Constituency

Name of Constituency

No. of Seats

(ii) Tea Gardw, Labour—contd.

Second election

Darjeeling Sadar The folio wing tea gardenw :—

Arya. Steinthal. Happy Valley. Windsor. Piioobaoring. yingtom. tSooru. Patabong. Bungneet. Pandam. Baunockbuxn. Bloomfiold,

1

Third election

The following tea gardens :

Bengal PuQMrs

(Eastern).

Atiabari. Bhatkftwa. Rajabhat. Dima. Kalchini. Ohauapara. Mochpara. Bhatpara. Badharaiii. Madhu. Satali.

J?worth election

Kurseong .

The follwoing ttm, gardens :— Maharani. Kdenvale. Singell, Monteviot. Makaibari. Ambootia. Springsido. Gastleton. Giddapahar. Murbong. Sepoydhura.

X,—UtflVEBSITY COKSTITVENOY

Extent of Constituency

Name of Constituency

No. of Seats

Univeisity . , Non-territorial

1

Schedule

Adaptations

Fifth Schedule Sixth Schedule

. Omit P a r t V. . For this Schedule substitute-—

SIXTH SCHEDULE.

THE EAST PUNJAB CONSTITUENCIES.

I.- GENKBAL CONSTITUENCIES.

Scheduled Extent vi Conatituency

Name of Constituency

No. of Seats

Castes Seats

(i) Urban.

1

Southern Towns.

The municipalities of Bhiwani, Hiasar, Sirsa, Hansi, Rohtak, Sonepat, Beri, Jhajjar, Pvewari and Palwai; the small towtui of Budhlada, Tohana, Meham and Hidayatpur Chhaoni (Gurgaon); and the Civil Lines of Rohtak.

1

The municipalities of Panipat

South-

Eastern Towns,

Karnal, Kaithal, Shahabad, Ambala, Ambala Cantonment SadrBazar, Kalka, Jagadhri, Sadhaura. Rupar, Simla, Lud* hiana, Jagraon and Raikot ; the cantonments of Ambala, Kasauli, Pagfihui, Sabathu and Jutogh ; and the notified areas of Kaithal Mandi, Karnal Civi] Station and Ambala Civil Sta- tion.

M*o. S

Extent of Constituency

of Sent B

Namr of Constituency

Scheduled Oas.tfs Seats

(") Urban—-contd.

1

The municipalities of Dhuram-

EasUn/n

Towns.

sala, Hoshiarpur, Urmur Tanda, Kartarpur, Jullundnr. ISTakodar, Moga, Ferozepore, Muktsar, Abohar, Fazilka, Jandiala and Tarn Taran ; the cantonments of Dharameala, Jullundurand Forozepore; and the Oi\il Linen of ifoHhiarptn*.

I

. rl?he municipality and canton-

Amritsar City

mont of Amritsar.

(ii) Snml.

1

'Hie Hissar and Bhiwani Tahwils

Kissar

of the Hissar district.

.South.

1

Ha iiRi

The Hansi Tahsil of the HifWHr

district.

]

The Fatehabad and Sirsa Tahwils

Hissar

of the Hissar district.

Xorth.

I -

H

Hohtak

North.

Tlir Sonrpat tahsi] and the police .station arenri of Oohana and Baranda of the Rohtak district

1

Rohtak

Ontml.

Tho Rohtak tahsil and the police station area of Meham of the Rohtak district.

1

The Jhajjar tahai] of tho Rohtak

•Jhajjar

district.

1

—

1

The Gurgaon and Rewm'i tahails

of tho Gurgaon district.

2

J North-West Gurgaon. South-East Gurgami

The Firozepore-Jhirka, Nuh, Palwal and Ballabhgarh tahsils of the Gurgaon district.

.Karnal

The Karnal and Panipat tahsilw

1

South.

of the Karnal district.

1

H 2

Karnal

The Kaithal and Thanesar tahsil

of the Karnal district.

I

2

North. Ambala and The Amhala and Simladietrieta.

Simla.

Ttlli (1AZHTTTC OF T\M>IA KXTftAO'RDlNAIlY, AUG. 14, 1947 R89

Name

of Kxtont ol" Constituency.

Xo. of Seats

Schodulod Castes Seats Constituency

¹

Kangra

North.

(ti) Rural—contd. The police Htation ureas of Sl:ah- pur, Dhamirsalflj Kangrn and Palampur (excluding the Znil of Bhangal) of the Kangra district.

J

Kangra

South.

¹

¹

]

.•>

¹

•>

1 1

Jnllundur Tjiidhiana

¹

I I. M T T H A M M A T I AN COJKSTTTT'KKCIB-P.

No. Southom TOWUH

Extent of Constituency

No. of Seat Name of Constituency

(i) Urban—contd.

¹ South-Kastern

TOWTIM.

The municipalities of Ambala, " Ambala Cantonment Sadr Bazar, Kalka, Jaga- dhri, Sadhauru, Eupar, Sir-la, Ludhiana, Jagmon and Raikot; the cantonments of Arabalu, Kawauli, Dagshal, Sftbathu and .fntogh ; and tli" notified area "f

Arnbala Civil iStation.

(ii) Rural

1 I

¹

¹

] 1 1 ^{1 1 1}

r T TL T i l"

J * J - 'J

1 I

T he J j u d h i a na d i s t r i ct . . .. The Ferozeporo and Muktsar tansils ot the

Name of

Extent of Constituency

Constituency

No. of Seate-

(ii) Rural—oontd,

Ferozepore Eaflt .

1

The Zira and Moga tahsils of the Ferozepore

district.

Fazilka Araritaar Tarn Taran.

The Fazilka tahsil of the Ferozepore district The Amritsar tahsil of the Amritsar district. The Tarn Taran tahBil of the Amritsar

. 1 1 I

district.

]

Ajnala

The Ajnala tahsil of the Amritsar district.

Til.- SIKH CoNSTrruBNciEs.

Kxtunt of ('onfttituency

Name of Constituency

No. of Seats

(i) Urban.

Eastern Towns The miniidpalitieH of liliiwani, Hissar, Sirs a, Hansi, Rohtak. Wonepat, Beri, Jhajjar, Rewari, Palwal, l-'anipat, Karnal, Kaithal, Shahabad, Ambala, Ambala Cantonment Kadr Bazar, Jagadliri, Sadhaura, Rupar, Kalka, Simla, Ludhiana, Jagraon, Raikot. Dharamaala, Hoahiarpur, Urmur Tanda, Kartarpur, Jullund^ir, Nakodar, Moga, Foro7.opore, Muktaar. Abohar, Fazilka, Amritsar, Jandiala and Tarn Taran ; the cantonmonta of Ambala, Kafiauli, Dagshai, Sabathu, Jutogh, Dharamaala, JullunduT, Ferozeporo and Amritsar ; the notifiod areas of Kaithal Mandi, Karnal Civil Station and Ambala Civil Station ; the small towns of Eudhlada, Tohana, Meham and Hidayatpur Chhaoni (Gur- gaon) ; and the Civil Linos of Rohtak and Hoshiarpur.

(ii) Rural.

I

South-East Punjafc " The district yf Hiasar, Kohtak, ("urgaon Karnal and Simla and the Ambala, Narain- garh and Jagadhri tahsils of the Ambala district.

Name of

Extent of Constituency

Constituency

No. of Seats

(ii) Rural—coatd-

1 Am'mla North The Kharar and Rupar tahsils of the Ambala

di strict.

1

The Kangra district and the Hoshiarpur and Dasuya tfthsils of the Hoahiarpur district.

Kaugra and Nor- thern Hoshiar- pur.

1

The Garhshfinkar and Una taheile of *he Hoflhiarpur South

HoHhiai'))ur distriot.

]

Tho JuUundur and Nakodnr tahsils of the Jullundur West .

Jullandur district.

Tlxe Natvashahr and Phillaur taheils of the 1 J ulhmdur East .

Jullundnrdistriot.

1 Ludhiana Eawt Tho Samrala tahsil and the police atation area.8 of Sahnewa] and Ludhiana Sadr of the Ludhiana distriot.

1 Ludhiana Central TJie Ludhiana tahail of the Ludhiana dietriot excluding the police station areas of Sah- newal and Ludhiana Sadr.

1 1 Jagraon Ferozepore North

The Jagraon tahsil of the Ludhiana district. The Zira and Forozepore (excluding Nat-hana sub-tahsil) tahsilfl and the police station areas of Jalalabad and Guru Har Sahai of the Ferozepore district.

1 Ferozepor* East .

1

ffhe police station areaa of Mega, Mehna and Nihal Singhwala of the Ferozepor* dirtriot. The Fazilka tahsil aad the p0lioe station Eerozepo*"* West .

area ©f Kot Bhai of the Ferozepore dis- triot.

1 Fwoaepo** South Tho Nathana Hub-taheil an4 the poKo" station areas of Bagha Purana and Muktear of th" Fwrozepore district.

1 Ammtwr North . Tho polioo station areas of Ajnalaj Ramfllas, Lopoke, Gharinda and Jiabal and th" zails of Bagga and Sainara in th'e polio© station area of Majitha in the Ajnala tahsiJl of the Araritsar district.

1 Amritsat^Gentral The police station areas of Araritsar Saitr Kathunangal and Jandiala and tht> *"ls of Mehta and Sheron Bagha in tfce police station areas of Beae a"d the zails of Johftl and Sohian in the polioe statien areas of Majitha ta th" Amritsar tahsil of th" Aniritsar district.

Estout of Constituency

Ntmie of Constituency

No, ol SCRt8

AmritKar South The police (station areas of Tarn Taran, Sarhali and Wairo^al and the zails of China Bath and Butala in the police station area of Beas of the Aniritsar district.

IV_.._WOMWN'8 CoNSTiTirfiiNcy.

Extent of Constituency No. of Name of Constituency

Scats

Sikh

Amritsar . • The -whole of the Amritsar district . . 1

V.—fiOMMBBCiC AND I^DFSTRV CoNSTITUBJTOY.

Extent of Constituency

No. of Seats Name of Co 'istituency

¹ East Punjab C*"imerce and InditBtiy.

The Northern India Chamber of Commerce, the Punjab Chamber of Commerce, the Jndiun Chamber of Commerce and the Punjab Trades Association.

VJL—LANDHOLDEBS C0N8TlT¥BmHBS.

]ixteut ef Constituency

Name of Constituency

No. of Seats

The Ambala division

VII.—LABOTIR CONSITTUBNOIBS

Extent of Constituency

No. of Seats Name of Constituency

(i) Trade Union Labour

1 Trade Union

Registered. Railway Trade Unions Operat-

ing in tho Province.

(ii) Non-Union Labour

1 . The Jullundnr and, Amritsar districts.

East Punjab

VIII.—UNIVERSITY CONSTITUENCY

Extent of Constituency

No. of Seats Name of Constituency

Non-territorial . . ..

1 University

Schedule

Adaptations

. Omit Part V. . Omit Part V. . For this Sohedule substitute :—

Seventh Schedule . Eighth Schedule Ninth Schedule

"NINTH SCHEDULE.

ASSAM CONSTITUENCIES.

I.—GHNBEAL CONSTITUENCIES.

Extent of Constituency

Name of Constituency

Scheduled Castes Seats

No. of Seats

1

Bilasipara and Gossaingaonthanas.

Dhubri

(Central).

1

Dhubri

(.South).

Dhubri, Golakganj, South Salmara and Mankachar thanas plus the following three plains mauzas in the Garo Hills district, viz., Mahendraganj, Rangapani and Fulbari.

Scheduled

Extent of Constituency

Name of Constituency

No. of Seats

Caates Seats

1

Dhubri

Bijni and Kokrajhar thanas

(North).

1

Lakhipui- and North Salinara

Goalpara

thanas.

1

(Noi-fch- West). Goalpara Goalpai'a and Dudnai thanas

1

(South- East). Barpefca Barpeta and Tarabari thanas

(ijQUXH).

1

Sorbhog and Patacharkuchi thanaa

Barpeta

(North).

1 1

Nalbari thana . . .. Rangia and Barama thanaa

Nalbari Kanirup

(North).

I

Kamalpur and Hajo thanas

Kanirup Sack.

(Oenrraij.

3

Gauhati, Palasbari, Chhaygaon

Kamrup

and Boko thanas.

Mangaldai and Dalgaon thanaa ,

1 • •

1

Kalaigaon, Paneri, Udalguri and

Majbat thanaa.

Sadr. (bOUtin). Manpaldai (OOUtjil). Manga ldai (North).

1

Tezpur and DhekiajuJi thanas .

"Tezpur

f\ATaat\

1

Sootea, Behali and Gohpur thanaa

Tezpur

* *

/TJO jf \

1

Nowgong (West).

Lahorighat, Dhing and Marigaon thanaa (excluding all areas in the Mikir Hills) plus Juria mauza from Rupahi Hat thana.

1

Nowgong (South- East).

Raha and Jamunainukh thanas (excluding all areas in tho Mikir Hills) plus the Lumding Kheraj Block.

i ! 1

Nowgong (North- Ea,

Nowgong, Kaliabor and Samaguri thanas (excluding all areas in the Mikir Hillfl) plus Rupahi Hat thana (ess Juria niau/a.

Extent of Constituency

Name of

Constituency

No. Scheduled of Castes Seats Seats

Golaghat

1 ".

(North).

Golaghat

1

i (South).

Dergaon and Bokakhat thanas (excluding all areas in the MiMr Hills) plus Mahuia and Khumtai mauzas from Golaghat thana. Golaghat thana (excluding all areas in the Mikir Hills except Bar- pathar and Sarupathar mauzas) less Mahura and| Khumtai mauzas.

/£)„,,XT, \(bOUUU).

2 1

1 - Jorhat fXTVvff \\ \Sibsagar^ (West).

X 1 -

¹

^{1 1 1} 2 1 II.—MUHAMMAD AN CONSTITUENCIES.

1

Extent of (Vaistituency No- of Name of Constituency

Seats

1 Dhubri (North) . EiUeipara Kokrajhar, Gossaingaon and Bijni thanas.

1 Lakhipur thana . . . ..

Goalpara (West)

1 Goalpara, Dudnni and North Sahnara

Goalpara (Bast)

thanas.

1 Barpeta

Barpeta- and Tarabari thanas .

1 Gauhati, Palasbari, Chhaygaon, Boko",

Kamrup (South)

Kamalpur and Ha jo thanas.

1 Kamrup (North) . Nalbari, Rangia and Barama thanas of the Kumrup Sadr sub -division and Sorbhog and Patacharkuohi thanas of the Barpeta eub-division.

NoTvgong (West) .

1 Dhing, Lahorigliat, Raha, Marigaon and Jamunamukh thanas (excluding all areas in the Mikir Hills) plus the Lumding Kheraj Block.

1 Nowgong (East) . Nowgong, Samaguri, Rupahi Hat and Kaliabor thanas (excluding all areas within the Mikir Hills).

1 Darrang

The whole of Darrang district

1 Sibsagar

The whole of Sibeagar district (excluding all areas in the Mikir Hills except Barpa- thar and Sarupathar mauzas).

1 Lakhimpur

The whole of Lakhimpur district (exoluding

the Lakhimpur Frontier Tract).

i

—

1 1

—

i Hajlakandi Silchar

The wholo of Hailakandi sub-division The whole of Silohar sub-division

III.—WOMEN'S CONSTITUENCY.

Extent of Constituency

Name of Constituency

No. of Seats

1 Women's (Shillong). fShiiJouglMunicij ality and Cantonment

V. TNmTATO" r!TTT?iaTTT4xr nrtwaTTTTTwisrnv

Name of Constituency

Extent of Constituency

No. of Seats

Indian Christian . The districts of Goalpara, Kamrup, Now- gong (excluding all areas in the Mikir Hills except the Lumding Kheraj Blook), Darrang, Sibsagar (exoluding all areau in the Mikir Hills exoept Barpathar and Sarupathar mauzas), Lakhimpur (exolud- ing the Lakhimpur Frontier Traot), and Caohar (exoluding the North Caohar Hills).

VI.—BACKWARD TRIBAL (PLAINS) CONSTITUENCIES

Name of Constituency

Extent of Constituency

No. of Seats

1 Goalpara (Tribal). Kokrajhar and Bijni thanaa of Goalpara

distriot.

1 Kamrup (Tribal).

1 Lakhimpur and

Majuli (Tribal).

Nalbari, Barama, Kangia, Patacharkuohi and Sorbhog thanas of Kamrup distriot. North Lakhimpur sub-division of the Lakhimpur district plus the Majuli thana of the Jorhat sub-division of the Sibsagar distriot plus the Dhemaji thana of the Dibrugarh sub-division of the Lakhimpur district.

Nowgong (Tribal) Raha, Marigaon and Jamunamukh thanaa

exoluding all areas in the Mikir Hills.

VII.—BACKWARD ABBAS (HHXS) CoNSTrnrBNOiHS

Extent of Constituency

No. of Name of Constituency

Seats

1 1 •Garo Hills (North) Garo Hills (South)

Mauzaa, III, IV and V. Mauzas, I, II, IX and X (Tura Town)

VII.—BACKWARD AREAS (HILLS) CONSTITUENCIES-—contd.

Name of Constituency

Extent of Constituency

No. of Scuts

1 Shillong

The British territory of the Shillong sub- division plus the non-British areas jn which the Municipality and Cantonment exercise jurisdiction.

1 1 Jowai Milrir Hills

The whole of Jowai sub-divinjon The Mikir Hills (in Nowgong and Sibsagar districts) less Barpathar and Sarupathar mauzas in Golaghat sub-division and lesa the Lumding Kheraj Blook in Nowgong district.

VIII.-— PLANTING CONSTITUENCIES

Extent of Constituency

No. of Seats Name of Constituency

1 European Plant-

ing.

Tho districts of Goalpara, Kumrup, Du.rrang, Nowgong, Sibsagar, Lakhiiu pur (excluding the Lakhimpur Frontier Traot) and Caohar (excluding the North Cachar Hills).

?

Indian Planting (Assam Valley).

The distrints of Goalpara, Kamrup, Uarrang, Nowgong, Sibsagar, Lakhim- pur (excluding tho Lakhimpur Frontier Tract) and Cauhar (exoluding the North Cachar Hills).

IX.—COMMERCE AND INDUSTRY CONSTITUENCIES

Name of Constituency

Extent of Constituency

No. of Scats

1 The Province . . ..

European Com- merce and Industry.

1 The Province . . ..

Indian Commerce and Industry.

X.—LABOUR CONSTITUENCIES (TEA GARDENS)

Extent of Constituency

Name of Constituency

No. of Seats

I . —IN THE LAKHIMPUR DISRICT

Doom Dooma

(District Lakhimpur).

First election AH gardenw within a radius of three and a half miloa from Doom Dooma police station.

Second election

Tinsukia (Dis- AH gardens within a radius of five miles

- 1 triot Lakhimpur). from Tinaukia polioe station.

Third election

Dibmgarh (Dis- All gardens within.a radius of six miles from trict Lakhimpur). Dibrugarh polioe station.

I I . —IN THE SIBSAGAR DISTRICT

Firat election .

Jorhat (Sibsagar

Distriot).

All gardens in Jorhat thana within the area inoluded in the following boundaries :—

North—Assam Trunk Road ; West—Johrat Provincial Railway, Tita-

bar Branoh ;

East—Thana boundary ; South—Thana boundary.

Second election

- 1

Nazira (Sibsagar

Distriot).

All gardens within Nazira thana whioh are within a radius of seven miles from Simalguri railway station.

Third election

All gardens within the mauzas of Dergaon, Golaghat East (Sibsagar Di8- triot).

Gurjogonia, Kakodonga, Dakhinhengra, Kacharihat, Athgaon and Ghiladhari.

X.—LABOTTR OoNarrrtrBNOiEs (TEA GADEEWS—contd

Extent of Constituency

No. of Seats

Name of Constituency

I I I . —IN THB DABBANG DISTBIOT

First election

All gardens within a radius of three and a

half miles from Thakurbari railway station.

Thakurbari (Darrang District).

Second election

All gardens within a radius of six miles - 1"

from Pabhoi inspection bungalow.

IBiawanath (Darrang District).

Third election

Paneri (Darrang All gardens within a radius of ven

miles from Paneri olub house.

Distriot).

Tenth Schedule—Omit.

Twelfth Schedule—Omit.

I I . —T HE GOVERNMENT OF INDIA (PROVINCIAL LEGISLATIVE) COUNCILS)

ORDER, 1936

Part

Adaptations

Para- graph

I

3 In sub-paragraph (3), for the second sentence substitute "in the oaso of the United Pro** vinoes and Bihar, one aeat shall be filled. by an elootiou in eaoh constituency".

I I —T HE GOVERNMENT OF INDIA (PROVINCIAL LEGISLATIVE COTTNOILS)

O B D E B, \

Adaptations

Part Para- graph

For "a Federated State" substitute "an ao-

oeding State".

8 Omit "a European constituency" and "a Euro*

pean".

18 Omit the proviso.

23 Omit.

2 For "British India" substitute "India".

II

2

III

IV

In sub-paragraph (1), omit clause (6). For "British India" substitute "India". Omit.

2 For "British India" substitute "India".

V

2 For "British India" substitute "India".

VI

Omit.

VII

Schedule Part

Adaptations

Omit the heading "III—European Constitu-

I

ency" and the entries thereunder.

The Schedule

Ditto.

II

Omit.

I II

Omit the heading "III—European Const-itu-

IV

enoy" and the entries thereunder.

Ditto.

V

Omit.

VI

III.—THE C-iovMKNMEVr OF INDIA (SCHEDULED CASTES) OKDKK, 1936.

In paragraphs 3 and 4 for " Bengal " substi-

tute "West Bengal¹'.

In Part III of tho Schedule, for "Bengal"'

substitute "West Bengal".

In Part V of the Schedule for " Punjab "

su>)fttitute "TCast Punjab".

IV.—THE GOVERNMENT OP INDIA (PROVINCIAL ELECTIONS) (COHEUPT PRAOTIOES AND ELECTION PETITIONS) OHDBR, 1936.

In Part I omit Bub-paragraph (5) of paragraph

3.

In Part II omit the proviso to paragraph (6)i

MOXTNTBATTEN OF BURMA,

Governor-General..

K. V. K. SUNDARAM,

Officer on Special Duty:,.

SECRETARIAT OF THE GOVERNOR-GENERAL

(REFORMS).

NOTIFICATION

New Delhi, the W-h August, 1947

No. O. Q-. 0. 16.—The following Order made by the Governor-* General is published for general information:—

THE INDIA (ADAPTATION OF EXISTING INDIAN LAWS) ORDER, 1947.

WHEREAS sub-section (3) of section 18 of the Indian Indepen- dence Act, 1947 (horoafter in tho recitals to this Order referred to as "the said Act") provides that save as otherwise oxpressly provided in the said Act, the law of British India and of the several parts thereof existing immediately before the appointed day shall, so far as "applicable and with the necessary adaptations, oontinue as the law of each of the new Dominions and the several parts thereof, until other: provision is made by laws of the Legislature of the Dominion in question or by any other Legislature or other authority having power in that behalf;

AND wHiiBEAS sub-section (1) of section 9 of the said Act pro s vides that tho Governor-General shall by order make such provision as appears to him to be necessary or expedient for bringing the provisions of the said Act into effective oporation and for removing difficulties arising in connection with the transition to the provisions of the said Act ;

Now TH UBEFORE in exercise of the powers conferred by the said Act, the Governor-General is pleased to make the following Order :—

1. (1) This Order may be cited as the India (Adaptation of Existing Indian La,ws) Order, 1947.

(2) It shall come into force on the fifteenth day of August 1947.

2. (1) In this Order—

"appointed day" means the fifteenth day of August, 1947 "existing Indian law" means any Act, Ordinance, Regulation, rule, order or bye-law which immediately before the appointed day has the force of law in the whole or any part of the territories which as from that day form the territories of the Dominion of India, but does not include any Act of Parliament, or any Order in Council, rule or other instrument made under an Act of Parliament, or the General Clauses Act, 1897.

(2) The General Clauses Act, 1897, applies for the interpreta- tion of this Order as it, applies for the interpretation of a Central Aot.

3. As from the appointed day, all existing Indian laws shall, until repealed or altered or amended by a competent Legislature or other competent authority, in their application to the Dominion of India and any part or parts thereof, be subject to the adaptations directed in this Order.

4. (1) Where an existing Indian law contains a provision de- fining tho territories to which the law extends, or a provision refer- ring to the territories which are within the scope of that provision, that provision shall be so adapted as to exclude any territories which on the appointed day are not to form part of the territories of the Dominion of India.

(2) Without prejudice to the general effect of the preceding paragraph, references in any existing Indian law to "the whole of British India" (or "British India"), to "Bengal" and to "the Punjab" shall, excopt where tho reference occurs in a title or pre- amblo or any citation or description of an Act, Ordinance or Regula- tion and except where the context otherwiso requires, bo replaced by references to "all the Provinces of India", to "West Bengal" and to "East Punjab", respectively.

5. Any reference in an existing Indian law to a High Court which as from the appointed day ceases to be a High Court for any part of the Dominion of India shall—

(a) if the reference be to the High Court of Judicature a t Lahore, be replaced by a reference to the High Go art of Eabt Punjab, and (b) in any other case, be omitted.

6. Any words in an existing Indian law signifying that the Governor-Oenoral or Governor is to act in his discretion ot to exer- cise his individual judgment shall be omitted.

7. Any reference in an existing Indien law to the exercise of tho functions of the Crown in its relation with Indian States (in- cluding any provision the operation of which depends on the exerciso of such functions) shall he omittorl, and rofcronces in any such law to tho Crown Representative shall he omitted or construed as re- ferences to the Central Government as the context may require.

8. Any reference in an existing Indian law to tho Indian Legis- lature or to a Chamber or the Chambers theieof shall be construed! as a reference to the Central Legislature.

9. (]) Any tribunal, authority, officer or official body constituted!

or appointed beforo the commencement of this Order under an existing Indian law for, or with jurisdiction over, the whole of India or the whole of British India shall, as from the appointed day, be deemed to have been constituted or appointed for, or with jurisdiction over, the whole of the Dominion of India, and any reference in an existing Indian law to any such tribunal, authority, office or official body as aforesaid shall be construed accordingly.

(2) Any reference in an existing Indian law to a tribunal!,, authority, officer or official body whose jurisdiction or authority immediately before the appointed day extends-

(a) to the whole of the Province of Bengal or over parts of that Province which on the said day fall partly within the Province of East Bengal and partly within- the Province of West Bengal, or

(b) to the whole of the Province of the Punjab or over parts of that Province which on the said day fall' partly within the Province of East Punjab and partly within the Province of West Punjab, or

(c) to tho whole of the Province of Assam or over parts of that Province which on the said day fall partly within the Province of Assam and partly within the Province of East Bengal,

shall be construed as references to such tribunal, authority, officer. or official body as the appropriate Government may by notification in tho official Gazette constitute or appoint in that behalf, and any such direction may be given so as to have effect from the appointed day:

Provided that nothing in this paragraph shall apply to any tribunal, authority, officer or official body to which or to whom the provisions of paragraph (1) of this Article apply.

(3) For the purpose of sub-paragraph (2) the expression " appropriate Government ⁵¹ means, as respects a law relating to a matter enumerated in List I of the Seventh Schedule to tho

'Government of India Act, 1935, the Central Government, and aa respeots any other law, the Provincial Government of Weat Bengal, East Punjab or Assam, as the case may bs.

10. Any court, tribunal or authority required or empowered to •enforce an existing Indian law ah all, .notwithstanding that thia Order makes no provision or insufficient provision for the adapta- tion of the law⁷ for the purpose of rendering it consistent with the provisions of the Indian Independence Act, 1947, and of the Government of India Act, 1935, as applicable to the Dominion of India, construe the law with iiU wuoh adaptations a.-> are necessary for the said purpose :

Provided that if any question arises regarding the adaptations with which such law should bo construed for the said purpose, the question shall be referred to the Central Government if the law relates to a matter enumerated in List I or List ITI in the Seventh Schedule to the Government of India Aot. 1935, and to tho Provincial 'Government in any other case, and tho decision of that Government on any suoh reference shall be final.

11. The Genoral Clauses Aot, 1897, shall in its application to the Dominion, of India, until repealed or altered or amended by the Contra] Legislature, bo subject to the adaptations specified in the Schedule to this Order.

113. The provisions of this Order shall not ronder invalid any- thing duly done before the appointed day under an existing Indian Jaw, and anything so dono for British India or for parts thereof including territories thereafter inoludod in the Dominion of India shall, as from the appointed day and until altered, varied or undone, have off'ect as if it had been done after the appointed day for the whole of the Dominion of India or as the caso may be, for such territories thereof as aforesaid, by a competent authority and under and in accordance with the provisions then applicable •to the ease.

13- Tf by order¹ under seotion 9 of the Indian Independence Act, 1947, provision is made for authorising the continued carrying on for the time being on behalf of the new Dominions or on behalf of any two or more of the Provinces therein referred to as the said now Provinces of services or activities previously carried on under the authority of an existing Indian law on bohalf of British India as a> whole or on behalf of the former Provinces which those new Provinces reprosent, then, notwithstanding anything herein oontain- ed, such law shall, as from the appointed day, or where the order lindor the said section 9 is made after the appointed day, as from the date of the making of the order, have effect in its application to the Dominion of India according to the tenor of that order.

THE SCHEDULE.

(See Article 11)

Adaptations of the General Glauses Act, 1897 in its application to

the Dominion of India.

Section 3.—In clause (7), after "any period after that date" insert "and before the date of the establishment of the Dominion of India".

In clause (8aa), omit "or section 44 of the Government of India Act, 1935".

For clause (8ab) substitute :— "(8ab) "Central Government" shall— (a) in relation to anything done before the commencement of Part III of the Government of India Act, 1935, moan the Governor- General in Council or the authority competent at the relevant date to exercise the functions corresponding to those subsequently oxer- oised by the Governor-Goneral;

(b) in relation to anything done after the commencement of Part III of the said Act, but before the establishment of the Dominion of India, mean, as respects matters with respect to which the Governor-General was by or under the provisions of the said Aot then in force required to act in his discretion, the Governor General, and as respects other matters, tho Governor-General in Council; and (c) in relation to anything done or to be done after the estab- lishment of the Dominion of India., mean the Governor-General ;

and shall include—

(i) in relation to functions entrusted under sub-section (1) of section }24 of the said Act to the Government of a Province, the Provincial Government acting within the scope of the authority given to it under that sub- section ; and

(ii) in relation to the administration of a Chief Commis- sioner's Province, the Chief Commissioner acting within the scope of the authority given to him under sub- section (3) of section 94 of the said Aot:" In clause (8ac), for "Federal" substitute "Dominion". In olause (9a) for "the Punjab" substitute "East Punjab". For clause (11), substitute :—- "(11) 'Colony'— (a) in any Central Aot passed after the commencement of Part III of the Government of India Act, 1935, shall mean any part of His Majesty's dominions exclusive of tho British Islands, t he

Dominions of India and Pakistan (and before the establishment of those Dominions, British India), any Dominion as defined in the Statute of Westminster, 1931, any Province or State forming part of any of the said Dominions, and British Burma ; and

(b) in any Central Act passed before the commencement of Part III of the said Act, mean any part of His Majesty's dominions exclusive of the British Islands and of British India ; and in either case where parts of those dominions are under both a central and local legislature, all parts under the Central legislature shall, for the purposes of this definition, be deemed to be one colony. In clause (14a), omit "contracts made by the Federal Railway Authority" and for "made in connection" substitute "made before the fifteenth day of August, 1947 in connection".

In clauses (14b), (14c) and (14d), omit "the Federal Railway Authority".

In clause (14e), for "the Federal Railway Authority or the Crown Representative" substitute "and with reference to a state of affairs existing after the commencement of Part III of the Govern- ment of India Act, 1935, and before the establishment of the Dominion of India, includes also property vested in His Majesty, or otherwise held, for the purposes of the Crown Representative .

After clause (16a) insert— "(16b) ''East Punjab Act" shall mean an Act made by the Provincial Legislature of East Punjab under the Government of India Act, 1935 :"

Omit clauses (18a) and (18b). In clause (24), for "part of British India" substitute "in $, Province or part thereof".

For clause (27) substitute :— "(27) "India" shall mean— (a) as respects any period before the establishment of the Dominion of India, British India together with all territories of any Indian ruler then under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian ruler, and the tribal areas ; and

(b) as respects any period after the establishment of the Dominion of India, all territories for the time being included in that Dominion :".

For clause (27a) substitute :•— "(27a) 'Indian Law' shall moan any Act, Ordinance, Regulation, rule, order or bye-Jaw which before the establishment of the Dominion of India had the force of law in British India or any part thereof, or thereafter hay the force of law in India or any part thereof other than an Acceding State, but does not include any A'ot of Parliament or any Order-in-Counc.il, rule or other instrument made under an Act of Parliament."

In clause (27b), omit "not being part of British India" and for "His Majesty " substitute "the Central Government".

Omit clause (40).

For clause (43a) substitute :—

"(43a) 'Provincial Government'

(a) as respects anything done or to be done after the establish- ment of the Dominion of India, shall mean in a Governor's Province, the Governor, and in a Chief Commissioner's Province, the Central Government;

(b) as respects anything done before the establishment of the Dominion of India, but after the commencement of Part III of the Government of India Act, 1935, shall mean in a Governor's Province, the Governor acting or not acting in-his disorotion, and -exercising or not exercising his individual judgment, according to the provision in that behalf made by and under the said Act, and in a Chief Commissioner's Province, the Central Government; and

(e) as respects anything done before the commencement of Part III of the said Act, shall mean the authority or person autho- rised at the> relevant dote to administer exeoutive government in the Province in question :'\

In clause (45), for "British India" substitute "a Province".

After clause (5(5) insert:—

. " 'West Bengal Act' shall mean an Act made by the Provin- cial Legislature of West Bengal under the Government of India Act, 1935".

Section 4-A— In subsection (1), omit " Federal Goveram?nt " -' Federal Railway Authority".

Section 5.—In subsection (2), omit "or under seotion 32 of rthe Government of India Act, 1935".

Omib seotion 5A.

Section 30.—Omit "or^soction 43".

MOUNTBATTEN OF BURMA,

Governor-General.

K. V. K. SUNDARAM,

Officer on Special Duty.:

SECRETARIAT OF THE GOVERNOR-GENERAL

(REFORMS).

NOTIFICATION

New Delhi, 1he 14th August, 1947

No. G. G. 0. 17.—The Following Order made by the G$v- "rnor-General is published for general information: —

THE INDIAN INDEPENDENCE (INTERNATIONAL

ARRANGEMENTS) ORDER, 1947

WHEREAS the agreement set out in the Schedule to this Order has been reached at a meeting of the Partition Counoil •on the 6th day of August, ] 947 ;

AND WHEBUAS it is intended that, as from the 15th day of August, 1947, the said agreement shall have the force and effect of ati agreement between the Dominions of India and Pakistan ;

Now THEKEFOKH in exercise of the powers conferred upon him* by section 9 of the Indian. In dependence Act, 1947 and of all other-'powers enabling him in that behalf, the Governor- General hereby orders as follows :•—

1. This Order may bo oitod as tho Indian Independence (International Arrangements) Order, 1947.

2. The agreement set out in tho Schedule to this Order shall, as from the appointed day, have the offeot of an agreement duly made between the Dominion of India and the Dominion of Pakistan,

SCHEDULE

AGREEMENT AS TO THE DEVOLUTION OF INTEKNATIONAL BIGHTS AND OBLIGATIONS UPON THE DOMINIONS OP INDIA AND PAKISTAN.

1. The international rights and obligations to which India is entitled and subject immediately before the 15th day of August, 1947, will devolve in accordance with the provisions of this agreement.

2. (1) Membership of all international organisations to- gether with the rights and obligates attaching to such mom- bersliip, will devolve solely upon the Dominion of India.

For the purposes of this paragraph any rights or obliga- tions arising under the Final Act of the United Nations Mone- tary and Financial Conference will be doomed to be rights or obligations attached to membership of the Internationa] Monetary Fund and to membership of tho International Bank for Reconstruction and Development.

(2) The Dominion of Pakistan will, take suoh steps as may be neoessary to apply for membership of such international organisations as it ohooses to join.

3. (1) Rights and obligations under international agree- ments having an exclusive territorial application to an area comprised in the Dominion of India will devolve upon that Dominion.

(2) Rights and obligations under international agreements having an exolusive territorial application to an area comprised in the Dominion of Pakistan will devolve upon that Dominion.

4. Subject to Articles 2 and 3 of this agreement, rights and obligations under all international agreements to which India is a party immediately before the appointed day will devolve both upon the Dominion of India and upon the Domi- nion of Pakistan, and will,^if necessary, be apportioned between, the tw o'* Domin ion s.

MOUNTBATTEN OF BURMA,

Governor-General.

K. V. K. SUNDARAM,

Dfficer on Special Duty.

SECRETARIAT OF THE GOVERNOR-GENERAL

(REFORMS) NOTIFICATION New Delhi, the \\th August, 1947

No. G. G. O. 18.--The following Order made by the Governor- General is published for general information '•—

THE INDIAN INDEPENDENCE (RIGHTS, PROPERTY AND LIABILITIES) ORDER, 1947.

In exercise of the powers conferred by sect-ion 9 of the Indian Independence Act, 1947, 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 Indian Independence (Rights, Property and Liabilities) Order, 1947.

(2) li shall come into force at once.

2. (1) In this Order,—

"appointed day" means the fifteenth day of August, 1947; "Arbitral Tribunal" means the Arbitral Tribunal constituted in accordance with the Arbitral Tribunal Order, 1947;

"land" includes immovable property of every kind, and any

rights in or over auch property.

(2) The Interpretation Act, 1889, applies for the interpreta- tion of this Order as it applies for the interpretation of an Act of Parliament.

3. (1) The provisions of this Order relate to the initial distribu- tion of rights, property and liabilities consequential on the setting up of the Dominions of India and Pakistan, and shall have effect subject to any agreement between the two Dominions or the Provinces concerned and to any award that may be made by the Arbitral Tribunal.

(2) Nothing in this Order affects the powers of control over military plant, machinery, equipment and stores conferred on the Joint Defence Council by the Joint Defence Council Order, 1947. (3) The powers of control over property conferred upon each of the Dominions by this Order shall include all the powers of use, consumption, management and disposition incidental to ownership; but each Dominion shall exercise the said powers with due regard to the interests of both Dominions, and shall carry out the terms of any agreement or award under which the property is to be trans- ferred to the other Dominion. .

4. All land which immediately before the appointed day is vested in His Majesty for the purposes of the Governor-General in 'Council shall on that day,—

(a) in the case of land .situated in India or in the tribal areas on the borders of India, be under the control of the Dominion of India;

(b) in the case of land situated in Pakistan or in the tribal areas on the borders of Pakistan, be under the control of the Dominion of Pakistan;

(c) in the case of land which immediately before the appointed day is used for the purposes of any official representative of the Government of India in any other part of His Majesty's dominions or in a foreign country, be under the control of the Dominion of India; and

(d) in any other case, be under the joint control of the Dominions of India and Pakistan:

Provided that any land which, by virtue of the preceding provi- sion^ of this Article, is to be under the control of the two Dominions, and which is situated in an Indian State, shall, if within one montti from the appointed day the State accedes to either of the two Pominions, be under the control of that Dominion as from the date on which the accession of the State becomes effective.

5. (1) All land which immediately before the appointed day is vested in His Majesty for the purposes of the Province of Bengal shall on that day—

(a) in the case of land situated in the Province of East Bengal, vest in His Majesty for the purposes of that Province;

(b) in the case of land situated in the Province of West Bengal, vost in His Majesty for the purposes of that Province; and

(c) in any other case, vest in His Majesty for the joint ' purposes of those two Provinces.

(2) All land which immediately before the appointed day is vested in His Majesty for the purposes of the Province of the Punjab shall, on that day—

(a) in the case of land situated in the Province of West Punjab, vest in His Majesty for the purposes of that Province;

(b) in the case of land situated in the Province of East Punjab, vest in His Majesty for the purposes of that

(c) in any other case, vest in His Majesty for the joint purposes of those two Provinces.

(3) All land which immediately before the appointed day is vested in His Majesty for the purposes of the Province of Assam shall—

(a) in the case of land situated in that part of the Province which on that day becomes part of the Province of East Bengal, vest on that day in His Majesty for the purposes oi the Province of East Bengal; and (b) in any other case, continue to be vested in His Majesty

for the purposes of the Province of Assam. (4) All land which immediately before the appointed day is vested in His Majesty for the purposes of any Province other than Bengal, the Punjab or Assam shall continue to be vested in His Majesty for the purposes of that Province.

6. The Provisions of Articles 4 and 5 of this Order shall aPJplj u relation to all goods, coins, bank notes and currency notes which immediately before the appointed day are vested in His Majesty for the purposes of the Governor-General in Council or of a Province as they apply in relation to land so vested.

7. (1) Subject to the provisions of this Order relating to certaii contractual rights, this Article shall apply to all property, othei than land, goods, coins, bank notes and currency notes, whicl immediately before the appointed day is vested in His Majesty for the purposes of the Governor-General in Council or of a Province. (2) All such property shall on the appointed day vest in His Majesty for the joint purposes of the two Dominions, for the joint purposes of the Provinces of East Bengal and West Bengal, or for the joint purposes of the Provinces of East Punjab and West Punjab, or shall, as from that day, continue to be vested in His Majesty for the purposes of the Province, according as the purposes for which the property is held immediately before the appointed day are—•

(a) purposes of the Governor-General in Council, (b) purposes of the Province of Bengal, (c) purposes of the Province of the Punjab, or (d) purposes of a Province other than Bengal or the Punjab. S. (1) Any contract made on behalf of the Gorornor-General in Council before the appointed day shall, as from that day,—

(a) if the contract is for purposes which as from that day are exclusively purposes of the Dominion of Pakistan, bo deemed to have been made on behalf of the Dominion of Pakistan instead of the Governor- General in Council; and

(b) m any other case, be deemed to have been made on be- half of the Dominion of India instead of the Governor- General in Council;

and all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the Governor-General in Council, be rights or liabilities of the Dominion of Pakistan or the Dominion of India, as the case may be.

(2) Any contract made on behalf of the Province of Bengal be- fore the appointed day shall, as from that day,—

(a) if the contract is for purposes which as from that day are exclusively purposes of the Province of West Bengal, be deemed to have been made on behalf of that Province instead of the Province of Bengal; and (b) in any other case be deemed to have been made on behalf of the Province of East Bengal instead of the Pro- vince of Bengal;

and all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the Province of Bengal, be rights or liabilities of the Province of West Bengal or the Province of East Bengal, as the oaae may be.

(3) Any contract made on behalf of the Province of the Punjab before the appointed day shall, as from that day,—

(a) if the contract is for purposes which as from that day are exclusively purposes of the Province of East Punjab, be deemed to have been made on behalf of that Province instead of the Province of the Punjab; and

(b) in any other case be deemed to have been made on behalf of the Province of West Punjab instead of the Pro- vince of the Punjab;

and all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the Province of the Punjab, be rights or liabilities of the Province of East Punjab or the Province of West Punjab, as the case may be.

(4) Any contract made before the appointed day on behalf of the Province) of Assam, being a contract for purposes which, as from that day, are exclusively purposes of the Province of East Bengal, shall, as from that day, be deemed to have been made on behalf of the Province of East Bengal instead of the Province of Assam, and all rights and liabilities which have

accrued or may accrue under the contract shall, to the extent to which they would have been rights or liabilities of the Province of Assam, be rights or liabilities of the Province of East Bengal.

(5) For the purposes of this Article there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract,—

(a) any liability to satisfy an order or award made by any; court or other tribunal in proceedings relating to the contract; and

(b,x any liability in respect of expenses incurred in or in connection with any such proceedings.

(6) The provisions of this Article shall have effect subject to the provisions of Article 9 of this Order; and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with as property to which Article 7 <&f this Order applies.

•J 0. All liabilities in respect of such loans, guarantees and other financial obligations of the Governor-General in Council or of a Province as are outstanding immediately before the appointed day shall, as from that day,—

(a) in the case of liabilities of the Governor-General in Council, be liabilities of the Dominion of India;

(b) in the case of liabilities of the Province of Bengal, be liabilities of the Province of East Bengal;

(c) in the case of liabilities of the Province of the Punjab, be liabilities of the Province of West Punjab; and (d) in the case of liabilities of any Province other than Bengal, or the Punjab, continue to be liabilities of that Province J

10, (1) Where immediately before the appointed day the Governor-General in Council is subject to any liability in respect; of an actionable wrong other than brea.ch of contract, that liability shall,—

(a) where the cause of action arose wholly within the terri- tories which, as from that day, are the territories of the Dominion of India, be a liability of that Dominion; (b) where the cause of action arose wholly within the terri- tories which, as from that day, are the territories of the Dominion of Pakistan, be a liability of that' Dominion: and

(c) in any other case, be a joint liability of the Dominions of Tndia and-Pakistan.

(2) Where irnmediatplv before the appointed day the Province of Bengal is subject to ntiv such liability as aforesaid, that¹ liability shall.

(a; wJiere the cause of action arose wholly withm the terri- tories which, as from that day, are the territories of the Province of East Bengal, be a liability of that Province;

(b) where the cause of action arose wholly within the terri- tories which, as from that day, are the territories of the Province of West Bengal, be a liability of that Province; and

(c) in any other case, be a joint liability of the Provinces

of East and West Bengal.

(3) Where immediately before the appointed day the Province of the Punjab is subject to any such liability as aforesaid, that liability shall,—

(a) where the cause of action arose wholly within the terri- tories which, as from that day, are the territories of the Province of West Punjab, be a liability of that Province:

(b) where the cause of action arose wholly within the terri- tories which, as from that day, are the territories of the Province of East Punjab, be a liability of that Province; and

(c) in any other case, be a joint liability of the Provinces

of East and West Punjab.

(4) Where immediately before the appointed day the Province of Assam is subject to any such liability as aforesaid, then, if the cause of action arose wholly within the territories which, as from that day, are the territories of East Bengal, the liability shall, as from that day, be a liability of the Province of East Bengal.

11, (1) Nothing in the preceding provisions of this Order affects the liability of cither Dominion or of any Province in res- pect of the payment of any penson.

(2) Where before the appointed day the Governor-General in Council or any Province is subject to any liability in respect of any pension, that liability shall, as from the appointed da,y,—

(a) in the case of a liability of the Governor-General in Council, be a liability of the Dominion of India;

(b) in the case of a liability of the Province of Bengal, be

a liability of the Province of East Bengal;

(c) in the case of a liability of the Province of the Punjab, be a liability of the Province of West Punjab; and

(d) iii the case of a liability of any Province other than Bengal or the Punjab, continue to be a liability of that Province.

12. (1) Where immediately before the appointed day the Governoi-General in Council is a party to any legal proceedings with respect to any property, rights or liabilities transferred by this Order, the Dominion which succeeds to the property, rights or liabilities in accordance with the provisions of this Order shall be deemed to be substituted for the Governor-General in Council as a party to those proceedings, and the proceedings may continue accordingly.

(2) Where any Province from which property, rights or liabili- ties are transferred by this Order is, immediately before the trans- fer, a party to legal proceedings with respect to that property or those rights or liabilities, the Province which succeeds to the pro- perty, rights or liabilities in accordance with the provisions of this Order shall be deemed to be substituted for the other Province as a partv to those proceedings, and the proceedings may continue accordingly.

(3) An-\ proceedings which, immediately before the appointed day, are pending by or against the Secretary of State elsewhere than in the United Kingdom in respect of any liability of the Governor-General in Council or a Province shall,—

(a) in the case of proceedings in respect of a liability of the Governor-General in Council be continued by or against the Dominion which succeeds to the liability;

(b) in the case of proceedings in respect of a liability of the Province of Bengal, the Province of the Punjab, or the Province of Assam, be continued by or against the Province which succeeds to the liability; or

(c) in the case of proceedings in respect of a liability of any other Province, be continued by or against that Province.

13. (1) Where by virtue of the preceding provisions of thi& Order either of the Dominions or any Province becomes entitled to any property or obtains any other benefits, and it is just and equi- table that that property or those benefits should be transferred or shared wi+.h the other Dominion, or with any other Province, as the case may be, the said property or benefits shall be allocated in such manner as, in default of agreement, may be determined by the Arbitral Tribunal.

(2) Where by virtue of the preceding provisions of this Order either of the Dominions or any Province becomes subject to any liability, and it is just and equitable that a contribution towards that liability should be made by the other Dominion, or by another Province, as the case mav be, the other Dominion or Province shall

make to the Dominion or Province primarily subject to the liability such contribution in respect thereof as, in default of an agreement, may be determined by the Arbitral Tribunal.

(3) In determining what is just and equitable for the purposes of this Article the parties concerned and the Arbitral Tribunal shall be guided by the principles laid down in any relevant decision of any of the bodies referred to in paragrapb (2) of Article 4 of the Arbitral Tribunal Order, 1947

MOUNT BATTEN OF BURMA,

Governor- General.

K. V. K. SUNDARAM,

CTfficer on Special Duty.

SECRETARIAT OF THE GOVERNOR-GENERAL

(REFORMS).

NOTIFICATION

New Delhi, the 14zth August, 1947

No. G. G. 0. 19.—The following Order made by the Governor-General is published tor general information :—

THE PAKISTAN (PROVINCIAL LEGISLATURES)

ORDER, 1947

In exercise of the powers conferred by section 9 of the Indian Independence Act, 1947, and of all other powers en- abling him in that behalf, the Governor-General is pleased to make the following Order :—

1. (1) This Order may be cited as the Pakistan (Pro- vincial Legislatures) Order, 1947.

(2) It shall come into force at once.

2. (1) In this Order—

"appointed day" means the fifteenth day of August, 1947;

"sitting member", in relation to a Provincial Legislative Assembly, means a person who at the commencement of this Order i" a member of that Assembly;

"West Punjab constituency" means a constituency speci- fied in the Sixth Schedule to the Government of India (Pro- vincial Legislative Assemblies) Order, 1936, as adapted by Article 3 of this Order;

"Punjab constituency" means a constituency specified in the Sixth Schedule to the, Government of India (Provincial Legislative Assemblies), Order, 3936, as in force at the com- mencement of this Order;

"East Bengal constituency" means a constituency speci- fied iu the Fourth Schedule to the Government of India (Pro- vincial Legislative Assemblies) Order, 1936, as adapted by Article 3 of this Order.

(2) The Interpretation Act, 1889, applies for the inter- pretation of this Order as it applies for the interpretation of an Act of Parliament.

3. (1) As from the appointed day; the Government of India (Provincial Legislative Assemblies) Order, 1936, the Government of India (Scheduled Castes) Order, 1936, and the Government of India (Provincial Elections) (Corrupt Practices and Election Petitions) Order, 1936, shall until other provision is made by or in accordance with a law made by the Constituent Assembly of Pakistan, or, in relation to any Provincial Legislature, by or in accordance with an Act of that Legislature, apply to the Dominion of Pakistan—

(a) with the omission of the expression "exercising his individual judgment" and the expression "in his discre- tion" wherever they occur in the said Orders; and

(b) with the omissions, additions, adaptations, and modi- fications directed in the Schedule to this Order.

(2) As from the appointed day, the Government of India (Provincial Legislative Councils) Order, 1936, shall cease to apply to the Dominion of Pakistan.

4. (1) As from the appointed day, every sitting member of the Bengal Legislative Assembly or of the Assam Legislative Assembly representing a constituency which immediately before that day bears the same name as an East Bengal constituency shall, notwithstanding any altera- tion in the extent of thut constituency, be deemed to have been elected by that constituency to the .Legislative Assembly of East Bengal.

(2) As from the appointed day, the sitting member "i the Bengal Legislative Assembly representing the Dacca Uni- versity constituency shall be deemed to have been elected by the University constituency to the Legislative Assembly of East Bengal.

(3) As from the appointed day, the sjtting member of the Assam Legislative Assembly representing the Indian Plan- ting (Surma. Valley) constituency shall be deemed to have been elected by the East Bengal Planting constituency to the Legis- lative Assembly of East Bengal.

(4) Unless the person, who under the provisions of paragraph (1) of this Article is deemed to have been elected by the Railway Trade Union , constituency or the Water Transport Trade Union constituency, previously resigns his seat in the Legislative Assembly of West Bengal, he shall cease to be a member of the Legislative Assembly of East Bengal on the first day of September 1947, and his seat in that Assembly shall become vacant on that day.

5. (1) As from the appointed day, every sitting member of the Punjab Legislative Assembly representing a constituency which immediately before that day bears the same name as a West Punjab Constituency shall, notwithstanding any alteration in the extent of that constituency, be deemed to have been elected by that constituency to the Legislative Assembly of West Punjab.

(2) The sitting members of the Punjab Legislative Assembly representing the Punjab constituencies specified in the first column of the following table shall as from the appoint- ed day be deemed to have been elected by the West Punjab constituency specified in the corresponding entry in the second column of the table.

TABLB.

The Punjab ronatitue.ncy

West Punjab constituency

Punjab Commerce and Industry. Went Punjab Commei-oo and In-

diiHtry.

North Punjab Landholder

Rawalpindi Division Landholders

West Punjab Landho'dors

Multan Division Landholders.

(3) The sitting member of the Punjab Legislative Assembly representing the general rural constituency of Amtitsar and Sialkot and filling the seat reserved for members of the scheduled castes shall as from the appointed day be

deemed to have been elected by the general rural constituency of West Lahore Division to the Legislative Assembly of West Punjab and to fill the seat reserved for members of the scheduled castes in that constituency.

(4) Elections shall be held as soon after the appointed day as may be practicable to choose the member of the Legislative Assembly of West Punjab representing the Lahore Division landholders.

(5) Unless the person, who under the preceding provisions of this Article is deemed to have been elected by the West Punjab Commerce and Industry constituency or the Railway Trade Union constituency or the University constituency, previously resigns his seat in the Legislative Assembly of East Punjab, he shall cease to be a member of the Legislative Assembly of West Punjab on the first day of September 1947, and his seat in that Assembly shall become vacant on that day.

6. The sitting members of the Legislative Assembly of Sind representing the European constituencies shall on the appointed day cease to be members of the said Assembly.

THE SCHEDULE

1. The, Government of India {Provincial Legislative Assemblies)

Order, 1036.

Part

Para graph Adaptations

10

r

For "BengaJ¹' substitute "Kant Bengal" ai.d for "the Punjab" substitute " West Punjab " J3

14

11

2J

26

II

in

IV

]

Part Paragraph

Adaptations

8 to 12 For Ih." heading above paragraph 8 and for

paragraphs 8 to 12, substitute :—•

"Plwntinu Seat.

"8(1), The scat to be filled by a represen- tative of the interests of planting nliall bo filled by election in the constituency specified in the first column of the table in Part VI of the Fourth Schedule to this Order and the extent of the constituency shall be as specified in the second oohimn ot that table. •

9. (1) iSubjeot, to the provisions of this Order, a person shall be qualified to be included in the electoral roll for the said constituency if he is a superintendent or manager of, or an engineer or medical officer employed on, any tea estate in the constituen- cy in question.

(2) "Notwithstanding anything in the last foregoing sub-paragraph, but subject to the other provisions of thin Order, where a tea estate in owned otherwise than by a cor- poration, the proprietor of the estate, oi where there are several co-proprietors, a co-proprietor nominated in that behalf by co-proprietors owning more than half the proprietary interests in the estate, shall be entitled, on making application within the prescribed time and in the prescribed manner, to be included in the electoral roIJ for the planting constituency in lieu of the superin- tendent or manager of the estate :

Provided that no proprietor or co-pro- prietor shall so bo included in an electoral roll, unless he has a place of residence in the

Province.

(3) The estates with less than soventy- live acres of tea under actual cultivation shall be left out of account for the purposes of this paragraph, and references therein to tea estates shall be construed accordingly.

Part .Paragraph Adaptations

i(". A pWHon shall not be qualified to be chosen to fill th.o planting seat unless he is included in the electoral roll for the consti- tuency."

For "Part VIII" substitute "Part VI".

13

15 In sub-paragraph (1), for "Burdwan and Presi- dency divisions" substitute "Jessore, Nadia, and Murshidabad districts" and for "Dacca, Rajshani and Chittagong divisions" sub- stitute "Dacca division and that portion of the former Rajshabi and Chittagong divi- sions which IH within the Province of East Bengal". In sub-paragraph (3), omit clause (a).

17 In sub-pare graph (]), for "Part I X" substitute

"Part VII".

In sub-paragraph (3) fo] "Of those constituen- cies the oonstituencies mentioned in the first of the said tables" substitute " the constituencies mentioned in the said tables '

Omit Knb-paragraph (4).

In sub-paragraph (1), omit "Culcutta or".

18

19 In sub-paragraph (1), for "a trade union' factory or colliery labour constituency" substitute "a railway trade union consti- tuency", and omit the proviso.

Omit sub-paragraphs (6) and (7).

In sub-paragraph (I), omit "factory and colliery "

20

Omit "factory or colliery".

22

23 In sub-paragraph (1), for "Part I X" read

"Part VII".

24 For sub-paragraph (J) substitute "(1) At the first and every second subsequent general election, the Heat shall be filled in the Sri- raangal constituency and at the second and every second subsequent general election the seat shall be filled in the Lungai Valley constituency".

Part

Paragraph Adaptations

27 For sub-paragraph (1), (substitute :—

"(1) The sent to be filled by a representative of University shall be filled by election in a constituency to be called the University Constituency".

In sub-paragraph (2), for " a University Consti- tuency", substitute "the University Consti- tuency".

For "India" wuimtitnte "Pakistan".

For clause (a) substitute "(a) is a member of the Court of the Dacca University ; or".

In clause (h), for "of the University", substi- tute "oi the Dacca University or of the Cal- outta University ; and omit the proviso-

V

Omit.

VI

Title For "Punjab" substitute "West Punjab".

After sub-paragraph (3), insert :—

"(4) The definitions in Parttf I and II of the Sixth Schedule to thiR Order of the ex- tent of a> rural constituency by a referenoe to a divinion or distriot or a part of district shall not have effect of including in that district any part which is included in an urban constituency of the same communal description."

4 Omit.

Part

Paragraph Adaptation

14 In sub-paragraph (4) for the words from the beginning to " eaoh such oonstituenoy" substitute " The remaining oonstituenoy shall be a non-union labour constituency and the

eleotoral roll for that oonstituenqy ".

18 I n sub-paragraph (2 ) for " India " substitute

" Pakistan ".

VII

Omit

Omit.

vni

IX

Omit.

Omit.

XI

1

XII

In sub-paragraph (1) for "Parts I to I V"

substitute " Parts I to IH ".

5 Omit.

Sohedule

Adaptation

Omit.

II

Omit.

in

Sohedule

Adaptation

For this Sohedulo substitute :

IV

" FotfBTH SCHEDULE-

EAST BENGAL CONSTITUENCIES-

I.—GENERAL CONBTITUENOIBS.

Name of

Extent of Constituenoy

Constiuenoy

Scheduled oastes seats.

No. of Seats.

(i) Urban.

1

Presidenoy Division Munioipal.

The Municipalities of the Nadia, Murshidabad and Jesaore Dia- triots.

North Bengal

I

Munioipal.

The Municipalities of the Rajshahi, Dinajpur, Rangpur, Bogra, Pabna, Malda and Mymansingh Distriots.

1

East Bengal

Munioipal.

Th'i Munioipalitios of theDaooa, Faridpur and Bakarganj dis- triota and of the Chittagong Diviaion.

(ii) Rural.

Nadia .

1

2

The Nadia distriot exoluding

munioipal areas.

1

2

The Murshidabad dietnot ex-

Murshidabad

oluding munioipal areas.

1 Jesaore

2

The Jesaore difltriot exoluding

munioipal areaa.

1

The Rajshahi distriot excluding

BajBhahi

munioipal areaa.

]

2

Malda .

The Malda distriot exoluding

munioipal areas.

2 The Dinajpur distriot excluding

3

Dinajpur

munioipal areas.

2 Rangpur

3

The Rangpur distriot exoluding

munioipal areaa.

0

1 The Bogra and Pabna distriot e*>

Hogra cum Pabna.

oluding munioipal areas.

EAST BENGAL

Name

of

Constituency. Extent of Constituenoy.

No. of seats-

Scheduled castee seats.

(it) Rural—contd.

1

2

Daooa Esat . The Sadar and Narayanganj sub- divisions of the Daooa district exoluding municipal areas.

1

Daooa Weet . The Manikganj and Munahiganj sub-divisions of the Daooa dis- trict.

i

2

Mymeneingh

Weist.

The Tangail and Jamalpur sub- divisions and the Kotwali, Muktagaoha, Phulbaria, Gaffar- gaon, Trisal and Bhaluka polioe- stations of the Sadar sub-divi- sion of the Mymenstngh distriot exoluding munioipal areas.

Mymensingh

2

U East.

The Netrakona and Kishoreganj sub-divisions and the Halua- ghat, Phulpur, Nandail and Iswarganj police-stations of the Sadar sub-division of the Mymensingh distriot oxoluding munioipal areaa.

The Faridpur distriot exoluding

2 Faridpur

3

munioipal areas.

2

Bakarganj.

1 South-West

1

Bakarganj.

Norfch-Eaat

The Pataukhali and Pirojpur sub- divisions of the Bakarganj dis- triot exoluding munioipal areas. The Sadar and Bhola sub-divi- wons of the Bakarganj distriot exoluding munioipal areas.

2

1 The Tippera district exoluding

Tippara

munioipal areas.

1

—

The Uoakhali distriot excluding

Noakhali

munioipal areas.

1

The Chittagong district exoluding

—

Ohittagong .

munioipal areas.

2

1 Sunamganj . The whole of Sunamganj sub-

division.

2

1 Habiganj

Lakhai, Nabiganj, Baniyaohung

(North).

and Ajmirigauj thanas.

EAST BENfiAL

Extent of Constituency.

Name of Constituency.

No. Scheduled of castes seats. seats.

Rural—oontd.

i Habiganj

Hftbiganj, Madhabpur, Chunari-

ghat and Bahubal thanaB.

(South). South Sylhet

1 —

Maulvi Bazar, Srimangal and

(West ,

Kamalganj thanaB.

1 —

South Sylhet Kulaura and Rajnagar thanas. .

(East)

1 —

1 --,

Fenohuganj, Golabganj, Bala- ganj and Biswanath thanae. Sylhet, Gowainghat, Kanairghat

and Jaintiapur thanas.

1 —

Jaldhup and Patharkandi thanas

Sylhet Sadr (South . Sylhet Sadr (North). Karimganj

2 I

Karimganj, Badarpur and Rata-

bari thanas.

(West). Karimganj (East).

II.—MUHAMMADAN CONSTTTUBNOIBS.

Name

Extent of Conatituenoy.

of

No. of seats- Constituency.

(i) Urban-

1

The Municipalities of the Daooa diatriot.

Daooa Munioipal

{ii) Mural-

The Ki shtia aub-diviaion of the Nadia dis- 1 Kushtia

triot.

1

The Meherpur sub-diviaion of the Nadia-.

Meherpur .

distriot.

1 Nadia East

The Chuadanga aub-division and the Rana- ghat and Hanakhali polioe-stations of the Ranaghat sub-diviaion of the Nadia distriot.

EAST BENGAL

Kxtent of Constituency.

Name of Constituency.

No. of seats.

(n) Rural—contd.

1 Nadia West

The Sadar sub-division and the Santipur, Ghakdah and Haringhata polioe-statious of the Ranaghat subdivision of the Nadia distriot.

1 The Sadar sub-division of the Mursbidabad

Berhampore

district.

1 The Lalbagh and Kandi sub-divisions of the

Murshidabad

South-West.

Mursbidabad district.

1 The Jangipui sub-division of the Mursbid-

Jangipur .

abad district.

1 The Sadar sub-division of the Jessore dis-

Jessore Sadar

trict.

The Magura and Narail Sub-divisions of 1 Jessore East

the Jessore district.

1 Bongaon

The Bongaon sub-division of the Jessore

district.

1 Jhenidah .

The Jhenidah sub-division of the Jessore

distriot.

The Natore sub-division of the Rajshahi 1 Natore

distriot.

1 Rajshahi North . The Raninagar, Naogaon, Badalgaohhi, Mahadebpur and Niamatpur police- stations of the Nnogaon sub-division of the Rajshahi district.

1 Rajshahi South . The Tanor, Godagari, Boalia, Pabna, Durgapur, Puthia and Charghat police- stations of the Sadar sub-division of the 'Rajshahi district.

1 Rajshahi Central The Manda, and Atrai polico-stations of the Naogaon sub-division and the Bagmara and Mohanpur (Khurd) police-stations of the Sadar sub-division of the Rajahahi district.

I Balurghat .

The Bulurghat sub-division oftheDinaj- pur district.

1 The Thakurgaon sub-rtiviaion of the

Thakurgaon

Dinajpur distriot.

EAST BENGAL

Extent of Constituency.

9

No. of eats.

Name of ' Constituency.

(ii) Rural—contd.

1 Dinajpur Central-

Eaat.

The Chirirbandar, Parbatipur, Nawabganj and Ghoraghat poIioe-stationB of the Sadar sub-division of the Dinajpur distriot.

1 Dinajpur Oentral-

West.

The Dinajpur, Biral, Kaliaganj, Kushmundi, Banshihari, Itahar, Raiganj and Hemtabad police-stations of the Sadar sub-division of the Dinajpur dis- triot.

1

The Nilphamari sub-division of the Nilphamari

Rangpur district

1 Rangpur North . The Kotwali, Gangaohara, Badarganj, Kaliganj and Hatibandha police-sta- tiona of the Sadar sub-division of the Rangpur district.

1 Rangpur South

1

The Kaunia, Pirgacha, Mitapokhur and Pirganj police-stations of the Sadar sub-division of the Rangpur diatrict. The Bhurangamari, Nageswari, Fulbari, Kurigaon North .

1 Kurigaon South .

Lalmonirhat and Kurigaon police-sta- tions of the Kurigaon sub-division of the Rangpur district. The Ulipur, Chilmari and Rangamari police-stations of the Kurigaon sub- division of the Rangpur distriot.

1 Gaibandha North The Sundarganj, Sadullapur and Gaibandha police-stations of the Gaibandha sub-division of the Rangpur distriot.

1 Gaibandha South The Palashbari, Gobindganj, Shaghata and Fulohuri police-stations of the Gaibandha sub-division of the Rangpur district.

1

The Shariakandi and Gabtali police- Bogra East

stations of the Bogra distriot.

1

The Bogra, Sherpur and Dhunot police- Bogra South.

stations of the Bogra district.

1

TheSibganj, Khetlal and Panohbibi police- Bogra North.

stations of the Bogra distriot.

E A ST B E N G AL

Extent o Constituency

No. of Seats Name of Constituency

(ii) Rural—eontd.

1 Bogra West

The Kahalu, Dupchanchia, Joypurhat and Admadighi police-stations of the Bo^ra diatriot.

1 Pafona East

Tho Bera, Sujanagar, Santhia and Farid- pur police-stations of the Sadar sub- division of the Pabna district.

1 Pabna West

The Chatmohar, Atgharia, Pabna and Sara police-stations of the Sadar sub-division of tho Pabna district.

1 Serajganj South . The Shahzadpur, Clmunaii and Belkuohi poJice-stations of tho Serajganj sub- division of the Pabna distriot..

1 Serajganj North . The Serajganj and Kazipur police-stations of the Serajganj sub-division of tho Pabna distriot.

1 Serajganj Central^ The Kamarkhanda, Ullapara, Raiganj and Taraa police-stations of the Seraj- ganj Hub-division of the Pabna distriot.

1 Malda. North

The Kharba, Han'ahcJiandiapur, Eatiia, Manikohak, Gajole, Malda, Bamangola, Habibpur, English Bazar and Bholahat police-stations of the Malda distriot.

Malda South

r The Kaliaohak, Sibganj, Nawabganjj Nachole and Qomastapur pohce-stationa of tho Malda district.

Narayanganj

l South.

The Fatulla, Narayanganj, Baidyabazar and Kupganj police-stations of the Narayanganj Bub-divisiou of the Dacca dtstriot exoluding Tnunicipal areas.

Narayanganj East

i Tho Ai-aihazar, Naisingdi and Sibpur police-stations of tho Narayanganj sub- division of the Dacca district.

Narayanganj North

l The Monohardi and Raipura police- stations of the Narayanganj sub-diviaion of the Dacca distriot.

986 THE GAZETTE O"F TNIYTA TCYT'RArmnT'NJAP.V A im IA IOAI

E A ST BENGAL

Extent ol'Constituency

Name of Constituency

No. of Seats

(ii) Rural—flontd,

Munshiganj

1

The Munnhiganj, Tangibari andLohajang police-stations of the Munshiganj sub- division of the Dacoa district.

Daooa South Ceu-

1 tral.

The Serajdikhan and Srinagar police- tffiatkms of the Munshiganj sub-division and the Nawabgnnj and Dohar police- atationy of the Sadur yub-diviaion of th"' Daooa district. ,

Manikganj East .

1

1 .Manikganj Went .

The Manikganj, Ghior and Saluria polico- stationn of the Manikganj aub-divieion and tho Uhamrai police-atationa of the Sadar t^ub-diviaion of the Dacoa distriot. The ISingair, Daulatpur, Sibalaya and Hariranipur jtolice-atationa of the Manikganj a• Vdivision of the Daoca district.

Dacca North

1 Central.

The Kaliakoir, fcUripur, Kaliganj and Kapaaia police-stations of the Sadar aub-division of the Daooa district.

1 Daooa Central The Sabhar, Tezgaon, Lalbagh, Kerani- ganj and Joydebpur police-stations of the Sadar aub-division of the Daoca district excluding municipal areas.

1 Jamalpur East . The Nalitabari, Nokia and Sherpur police- stations of the Jamalpur sub-division of the Mymensingh district.

1 Jamalpur North . The Sribardi. Dowanganj and Ialampur police-stations of the Jamalpur sub- diviaion of the Myniensingh diatriot.

1 Jamalpur West . Th" Melandaha, Madarganj and Sarishabari police-stations of tho Jamalpur sub-

division of tho Mymensingh diatriot.

i

—

i Jamalpur cum Muk-

tagaoha.

1 Mymensingh North

The Jamalpur police-utation of the Jamal- pur nub-division and tho Muktagacha policw-atation of 1he Hadar sub-division of tho Mymenfungh district. The Haluaghat, f.'hulpur and Kotwali polico-statioiis of the Sadar sub-division of tlic Mymensingh disttiot.

EAST BENGAL

Extont of Constituency

Nuine of Constituency

No. of Seats

(ii) Bural—contd.

¹ Mymensingh East The Jswarganj and Nandail police-stations of the Sadar sub-diviaion of the Mymen- singh district.

¹

i-l "liJ^-T'lft^"

(JJ,ngI 1" I/,

^{1 1 1 1 1 1 1 1}

E A ST BENGAL

Extent of Constituency

No. of 3eata.

Name of Constituency

(ii) Rural—oontd.

1 Goalundo .

The Goalundo aub-diviaion of the Farid-

pur diatriot.

1 Faridpur Weat The Faridpur, Charbhadraaan, Nagarkanda and Bhusna police-stations of iJhe Sadar aub-division of the Faridpur distriot.

1 Faridpur East The Sadarpur and Bhanga police-stations of the Sadar aub-diviaion and the Sibohar police-station of the Madaripur aub-divi- aion of the Faridpur distriot.

1 Madaripur Weat . The Rajair, Madaripur, Kalkini and Palong polioe-stations of the Madaripur sub- division of the Faridpur district.

1 Madaripux Eaat . The Gosairhat, Bhedarganj, Naria and Janjira police -stations of the Madaripur sub-division of tho Faridpur diatrict.

1 Patuakhali North

1 Patuakhali South

The Bauphal, Patuakhali, Mirzaganj and Betagi polioe-stations of the Patuakhali sub-division of the Bakarganj district. The Barguna, Arntoli and Galaohipa police- stations of tho Patuakhali nub-division of the Bakarganj district.

I Pirojpur South The Patharghata, Mathbaria, Bamna, Bhan- daria and Kathalia police-stations of the Pimjpur sub-division of the Bakarganj district.

1 Pirojpur North The Pirojpur, Nazirpur, Swarupkati, Banaripara and Kowkhali police-etations of the Pirojpur sub-division of the Bakar- ganj distriot.

I Bakarganj Noi'th The Meheudiflanj, Muiadi and Hizla poh'ce- statioiife of thy Sadar sub-division of the Bakarganj district.

1 Bakarganj South The Bakarganj, Rnjajmr, Nalcliitland Jha- lakati police-stations ot the Sadar sub- division of fcho Bakarganj district.

Bakarganj West . The Bariaal, Babuganj, Uzirpur and Gaur- tiadi polioe-statiuiiH of the Sadar sub- division of the Bakarganj distriot.

EAST BENGAL

Name

Extent of constituency. No. o f

Coustituency.

(ii) Rural—oontd.

1

Bhola North

The Bhola and Daulatkhan police-etatiorfs of the Duksliin Shftbuzpnr sub-division of the Bakarganj district.

]

Bhola South

]

Brahmanbaria

The Baranadi, Tazumaddin and LaJmohon police-stations of the Pakshin Shabazpur sub-division of the Bakarganj district. The Nasirnagar, Sarail ami Brahmanbaria

North.

1

Brahraanbaria

police-stations of th" Brahmanboria sub-division of t]ie Tippera district. The Bancharampur and Nabinagar police-

South.

stations of the Brahnmnbaria sub-division of the Tippera. district.

1

Tippera North -

East

The Kasha police-station of the Brahman- baria sub-division and the Buriohang police station of the Sadar sub-division of the Tippera district.

1

Tippera North The "Debiduar and Mnradnagar police- stations oi the Sadrr nub-division of the Tippera district.

1

Tippora West

The Homna and Daudkandi police-stations of the- Radar fiub-divTiyion of the Tippera district.

1

Tippera Central . The Chandina and Oorailla police-stations of tho Sadar sub-division of the Tippera district.

1

Tippera South Tho Laksam and Chaudagram polico- stationo of tho Sadar sub-division of the Tippera district.

1

Chandpur East . Tlie Hajiganj and Kachua pohce-Btatums of the Chandpur sub-division of the Tippera

ylUiltllijlj,

]

Chandpur West . The Ohandpur and Paridganj police-stations of the Chandpur sub-diviaion of the Tip- pera dintrict.

1

Matlabbazar

1

Noakhali North .

TheMatlabbazarpolice-station of the Chand- pur sub-division of the Tippera district. Thfc Begamganj and Sonbagh police-etations of the Sadar sub-division of the Noakhali aistrict.

EAST BENGAL

Extent of Constituency.

Name of

Constituency.

No. of Seats.

r

(ii) Rural—contd.

1 Noakhali Central The Sudharam and Companyganj police- stations of the Saiflar sub-division ana the Sonagazi police-station of the Feni sub- division of the Noakhali district.

1 Rainganj cum

Raipur.

The Ramganj and Raipnr police-stations of the Sadar sub-division of the Noakhali district.

1 Noakhali West . The Lakhshmipur and Ratngati police- stations of the Sadar sub-division of the Noakhali district.

1 Noakhali South . The Hatiya and Sandwip poiice-atationw of the Radar Hiib-division of the Noakhnli district.

1 Feni

The Feni, Paahuram and Chhagalnaya police-statioria of the Feni sub-division of the Noakhali district.

I

The Cox's Bazar sub-division of the Chitta- Cox'a Bazar

gong district.

1 Chittagong South Tho Satkania, Banskhali and Anwara police- stations of the Sadar sub-division of the Chittagong district.

1 Chittagong South-

Central.

The Patiya, Boalkhali andRangania police- stations of the Sadar sub-division of the Chittagong district.

1 Chittagong North-

East,

1 Chittagong North-

West.

The Raojan, Hathazari and Fatikchari police-stations of tho sadar sub- division of the Chittagong district. The Sitakund, Mirsarai, Chittagong, Double Moorings and Pachalais police- stations of the Sadar sub-division of the Chittagong district.

Tahirpur, Dharampasha and Sulla thanas . Sunamganj thana . . . ..

1 1 Sunamganj (West) Sunamganj (Cen-

tral).

Chhatak thana . . . .. Derai and Jagannathpur thanas Baniyachung and Ajmhiganj thanas

1 1 1 Sunamganj (Eaat) Sunamganj (South) Habiganj (North- ..West).

EAST BHNGAL

Extent of Constituency. No.

of Seats.

Name of Constituency.

(ft) Bwal—contd.

Habiganj and Nabiganj thanas

1 Habiganj (North-

.East).

1 Lakhai and Madliabpur thanas

Habiganj (South-

\Uaaf \WQBT/f.

Chunarighat and^Bahubal thanaa

] Habiganj (South-

Jaaat;.

Maulvi Bazar and Srimangal thanaa

1 South Sylhet

(West).

Rajnagar and Kamalganj thanas

1 South Sylhet

{Oenuraij.

1 1 South Sylhet (East) Sylhot' Sadr

"(Central).

Kulaura thaua . . . .. Part of Sylhot Sadr thana containing Chaukidari Circles NOR. 1—41 and 51— 55 (inolusive) including the Municipal area.

J Sylhet Sadr

(North).

Gowainghat and Jaintiapur thanas plus the North of Eastern half of Kanairghat thana containing Chaukidari Circlos Nos. 1—12, 15—20 and 32—34 (inclusive).

Sylhet Sadr

}

(West).

1 Sylhet Sadr

(East).

Part of Sylhet Sadr thana containing Chaukidari Ciroles Nos. 42—50 and 56—67 (inclusive) andBiswanath thana. Golabganj thana plus the South Western of Kanairghat thana containing Chauki- dari Circles NOB. 13, 14 and 21—31 (in-

elusive^.

1 Sylhet Sadr

Balaganj and Fonchnganj thanaa

1 1 Karimganj (West) Jaldhup thana . . . .. Karimganj (Cen- Karimganj t h a na less Chaukidari Circles tral). Nos. 22—28 (inclusive), 61, 62 and 64—68 (inolusive). Karimganj (South) Badarpur, Ratabari and Patharkandi 1

thanas plus t he following Chaukidari Circloa of Karimganj thana :—Nos. 22— 28 (inclusive), 61, 62 and 64—fi8 (in- olusive).

EAST BENGAL

III—WOMEN'S CONSTITTJBNOIES

Extent, of Constituency.

No. of Name of Constituency.

Seats.

(i) General Urban.

¹

The Municipalities in the Daooa district .

Daooa (General) .

(ii) Muhammadan Urban.

VI- -INDIAN CHRISTIAN CONSTITUENCY.

¹ V I I I- -LANDHOLD EES GONSTITTJBNOIBS .

¹

EAST BENGAL

IX—LABOUB CONSTITUENCIES

Name of

Constituency

Extent of Constituency No. of Seats

(*) Trade Union Labour

Railway    Trade   KegiBtered trade unions of railway workers   1
  Union,             operating in the Province.
Water  Transport   Registered trade unionn of water transport   1
  Trade Union.       workers operating in the Province.

(it) Tea Garden Labour

(First election)

All gardens within the jurisdiction of the

Srimangal police-station.

Srimangal (Dis- trict Sylhet)

(Second election)

All gardens in the Longai Valley, within 1 the jurisdiction of the Patharkandi

Longai Valley (District Sylhet)

X—UNIVBEJ31TY CONBTITUBNOV

UniverBity .

1 . Non-territorial

Schedule

Adaptations

V

Omit.

Sohedule Adaptations

VI For this Schedule substitute

11 SIXTH SCHEDULE "

THE W E ST PUNJAB CONSTITUEINOIB9

I — GENERAL fIONSTITUHNCIBS

Name

of

Extent of Constituency

Constituency

No. of Seats

Sohe- duled Castes Seats

(i) Urban

The Municipality and oantonment of

Lahore City.

¹

LpJioro.

¹ I

WEST PUNJAB

Extent of Constituency

No. of Se as

Name of Constituenoy

Sohe- duled Castes Seat e.

(ii) Rnrul

2 1

West Lahore The Lahore, Gujranwala, Sialkot

and Sheikupura districts .

1 1

Division. Gurdaapur . Rawalpindi Divi-

Tbe Gurdaspur district .

The Rawalpindi Division

sion.

1

South-East Multan

Division.

The Montgomery district and the Mailsi, Khanewal and Kabirwala tahsils of tho Multan distriot.

1

2

Lyallpur and The Lyallpur and -Thang distriots

.Jhang.

1

Weat Multan

Division.

The Muzaffargarh &.nd Dera Ghazi Khan districts and the Multan, Shujabad and Lodhran tahsils of the Multan distriot.

II—MTTHAMMADAN CONSTITUENCIES

Extent of Constituency

Name of Constituency

No. of Seats :

(i) Urban

Inner Lahpro Outer Lahore

1 1 Lahore City within the Ciroular Road The munioipal area of Lahore outside the Circular Road ; the oantonmont of Lahore and the municipality of Bagh- banpura -cwm-Bhogiwal.

North-Eastern

I

Towns.

The municipalities of Chunian, Kasur, Patti, Batala, Giu'daspur, Pathankot, Dalhousio, Sialkot, Pasrur, Wazirabad, Hafizabad, Gujranwabv, Shoikhupura and Nankana Sahib ; the cantonments of Balun, Bakloh and fiialkot; the small towns of M&ndi Pattoki, and Hardo Da ska; and the Civil Lines of Gurdaspur.

W B ST P U N J AB

Name of CoBatituenoy.

No. of Extent of Constituency. Seats.

(i) Urban—contd-

¹ 1 1 1

¹

¹

¹

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WBST PUNJAB

Name of Constituency.

Extent of Constituency.

No. of Seats

(ii) Rural—contd.

1 The Hafizabad tahsil of the Gujranwala

Hafizabad ,

district.

i \

Tho Sheikhupura tahsil of the Sheikhu- 1 Sheikhupura

pura diatrict.

1 The Nankana Sahib tahsil of the.

Nankana Sahib .

' Shoikhupura district.

1 Tho Shahdara tahsil of tho Sheikhupura

Shahdara .

district.

1 Gujrat North Tho police station aroas of Sarai Alam- gir, KJiarian and Dinga of the Gujrat district.

1 Gujrat East

The police station areas of Karianwala and Lala Musa of the Gujrat diatrict.

1 South-East Gujrat.,

The police station areas of Jalapur Jattan, Gujrat Sadr and Kunjah of the Gujrat diatrict.

1 North-West Gujrat.

The police station areas of Pindi Baha- ud-Din, Miana Gondal and Kothala Shoikhan (oxcluding the zail of Mian- wal) of the Gujrat district.

1 South-West Gujrat.

The police station areas of Pahrianwali, Phalia and Qadirabad and the zail of Mianwal of the Gujrat district.

Tho Shahpur tahsil of the Shahpur dis- 1 Shahpur

trict.

1 The Khushab tahsil of the Shahpur dia-

Khuahab

triot.

1 The Bhalwal tahsil of the Shahpur

Bhalwal

district.

The Sargodha tahsil of the Shahpur 1 Sargodha .

district.

Jhelum Pind Dadan

1 1 The Jlielum tahsil of the Jhelum district . The Pind Dadan Khan tahsil of the

Jhelum district.

1 The Chakwal tahfiil of the Jhelum dis-

Khan. Chakwal

trict.

1 The Rawalpindi taheil of the Rawal-

Rawalpindi Sadr •

pindi district.

1 The Gujar Khan tahsil of the Rawal-

Gujar Khan

pindi diatriot.

W E ST P U N J AB

Name of

Constituency.

Extent of Constituency.

No. of Seats.

(ii) Rural—oontd.

¹

The Murree and Kahuta tahsils of the Rawalpindi East

Rawalpindi district.

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1 1 ft 1 flfl¹! ITT

¹ f\ 1 atTi /"it UlflllK \),

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W E ST P U 2 W A"

Name of Constituency

Extent of Conatiituenoy

No. of Seate

1 1 1 1 1 1 1

(ii) Rural—contd. The Multan tab sil of tho Multan district. The Shujabad tahsil of the Multan district. The Lodhran tabsil of the Multan district. The Mailsi tahsil of the Multan district. The Khanewai tahsil of the Multan district The Kabirwala tahsil of the Multan distriot The Muzaffargarh tahsiJ of the Muzaffar-

Multan Shujabad', . Lodhran ifailsi Klianewal . Kabirwala . Muzaffargarh Sadr.

garh district.

1 Alipur

The Alipur taheil of the Muzaffargarh

A ift"fvi fTi

1 Muzafforgarh

The Kot Adu and Leiah tahsils of the

Muzaffargarh distriot.

North.

I Dera Ghazi Khan The police station areas of Vehoa, Retra; Taunsa, KaJa, Batil and Dera Ghazi Khan Sadr of the Dera Ghazi Khan district.

1 Dora Ghassi Khan

Central.

The police station areas of Drahman, Kot ('hutta, Choti and Jampur of the Dera Ghazi Khan district.

1 Dera Ghazi Khan

South.

The police station areas of Dajal, Harrand, Kot Mithan, Rajanpur, Rojhan, Fazilpur and Shahwali of the Dera Ghazi Khan dinti'ioT.

WEST PUNJAB

III—SIKH CONSTITUENCIES.

Extent of Oonstltuenoy

Name of Constituency

No.of Seats

(i) Urban.

1 Western Towns The municipalities of Batala, Gurdaspur, Pathankot, Dalhousie, Sialkot, PaBrur, Chunian, Lahore, Baghbanpura-ciim- Bhogiwal, Kasur, Patti, Wazirabad, Hafizabad, Gujranwala, Sheikhupura, Nankana Sahib, Gujrat, Jalalpur Jattan, Bhera, Sargodha, SahiwaJ. Khushab, Jhelum, Chakwal, Pind Dadan Khan, Rawalpindi, Murree, Hazro, Campbellpur, Pindigheb, Mian- wali, Isakhel, Kalabagh, Pakpattan, Montgomery, Okara, Kamalia, Gojra, Lyallpur, Jhang-Maghiana, Chiniot, Multan, Khanewal, Muzaffargarh. Leiah, Dera Ghazi Khan and Jampur ; the oantonmonts of Balun, Bakloh, Sialkot, Lahore, Jhelum, Rawalpindi, Murreo, Canrpbellpur, Attock and Multan ; the notified area of Gujrat • Civil Lines ; the email towns of Hardo Daska, and Mandi Pattoki; and the Civil Lines of Gurdaspur and Muzaffar- garh.

(ii) Rural.

Lahore West

The Lahore and Chunian tahsiis of the 1

Lahore district.

The Kawur tahsil of the Lahore district The Gurdaspur, Pathankot and Shakarqarh

1 1 Kasur Gurdaepur North

tahsils of the Gurdaspur district.

1 1 1 Batala Sialkot Gujranwala and

The Batala tahsil of the Gurdaspur district The Sialkot district . . .. The Gujranwala district and the Shahdara Shahdara.

tahsil of the Sheikhupura distnot.

WEST PUNJAB

Extent of Constituency

Name of Constituency

No. of Seats

(ii) R,,ral—contd.

1 Sheikhupura West The Sheikhupura and Nankana Sahib tahsils of the Sheikhupura district.

1 Gujrat and Shall- The (.iiijrat and Mhahpur districts

pur.

1 The Jholum, Rawalpindi, Attock and Mian-

wan districts.

North-West Punjab.

1 Montgomery East The Okara, Dipalpur and Pakpattan tahsils of the Montgomery district.

1 The Lyallpur and Toba Tek Singh tahsils

Lyallpur West

oi the Lyallpur district.

1 The Samundri and Jaranwala tahsils of

Lyallpur East

the Lyallpur district.

1 South-West Punjab.

Tho Jhang, Multan, Muzaffargarh and Dear Oihazi Khun distriois and the Montgomery tahsils of the Montgomery diswtict,

IV.—WOMEN'S CONSTITUENCIES.

Extent of Constituency No. of Seats Name of Constituency

(i) General Urban.

Lahore City The municipality and cantonment of Lahore 1 General.

(ii) Muhammadan Urban.

Lahore City within tho Circular Road 1

Tho municipal area, of Lahore, outside the 1 Inner Lahore Muhammad n,n. Outer Lahore Muhammadan. Circular Road, the cantonment of Lahore and the municipality of Baghban- pura-cuM-BIiogiwaL

WEST PUNJAB

V.—ANGLO-INDIAN CONSTITUENCY.

Extent of Constituency

No. of Seats Name of Constituency

1 Anerlo -Indian

The West Punjab . . ..

VII.—INDIAN CHRISTIAN CONSTITUENCIES.

Extent of Constituency

Name of Constituency

No. of Seatg,

1 East Central The Lahore ..Gurdasjmr and Sialkot districts Punjab.

West Central

I Punjab.

Tho Gujranwala, Sheikhupura, Shahpur, Montgomery, Lyallpur and Multan districts.

VIII.—COMMERCE AND INDUSTRY CONSTITUENCY.

Constituency

Name of Extent of Constituency No. of Seats-

West Punjab The Northern India Chamber of Commerce, 1 Commorce and the Punjab Chamber of Commerce, the Industry. Indian Chamber of Commerce and the

IX.—LANDHOLDERS CONSTITUENCIES.

Extent of Constituency

IS >. of Seats Name of Constituency

The GurdHHpur, Lahore, Wialkot, Sheikhu- 1

pura and Gujranwala districts.

Lahore Division Landholders. Rawalpindi Divi- The Rawalpindi Division

I sion Landholders

The Multan Division . . ..

1 Multan Division Landholders,

The West Punjab

Tumandars

I

X.—LABOUR CONSTITUENCIES.

No. L

Extent of Constituency

Name of Constituency

SeatB

1

(i) Trade Union Labour. The North-Western Railway Union

Trade Union

(ii) Non-Union Labour.

The Gurdaspur, Rawalpindi and

Attook 1 North Punjab

districts.

WEST PUNJAB

XI—UNIVERSITY CONSTITUENCY.

Extent of Constituency.

No. of Seats Name of Constituency

1

Non-territorial .

University

Schedule

Adaptations

VII

Omit.

VIII

Omit.

IX

Omit.

XI

Omit.

XII

Omit Part IV.

I I. The Government of India (Scheduled Castes) Order, 1936.— In paragraphs 3 and 4 for "Bengal" eubetitute " Eaat Bengal " Omit Parts I and II of the Schedule.

In Part III of the Sohedule for "Bengal" substitute "East Bengal". After "throughout the Province" insert "except Sylhet distAct".

Add the following new paragraph :—

"2. Soheduled caatoa in the Sylhet distriot :—

Mali, or Bhuimali Sutradhar Kaibartta or Jaliya Dhupi, or Dhobi Muohi Lalbegi Dugla, or Dholi Patni Mehtar, or Bhangi Jhalo and Malo Namasudra Bansphor Mahara

Omit Part IV. In Part V of the Schedule for "Punjab" substituto"Wo8t Punjab" Omit Parts VI, VII, VIII and IX of the Schedule.

MOUNTBATTEN OF BURMA,

Governor-General.

K. V. K. SUNDARAM, Officer on Special Duty,

SECRETARIAT OF THE GOVERNOR-GENERAL

(REFORMS).

NOTIFICATION

New Delhi, the \teh August, 1947

No. G. G. 0, 20.—The following Order^made by the fitovernox- General is published for general information:—

THE PAKISTAN (ADAPTATION OF EXISTING^PAKISTAN

LAWS) ORDER, 1947.

WHBREAS sub-section (3) of section 18 of the Indian Independence Act, 1947 (hereafter in the recitals to this Order referred to as " the said Act "), provides that save as otherwise expressly provided in the said Act, the law of British India and of the several parts thereof existing immediately before the appointed day shall, so far as applicable and with the necessary adaptations, continue as tho law of each of the new Dominions and the several parts thereof, until other provision is made by laws of the Legislature of the Dominion in question or by any other Legislature or other authority having power in that behalf:

AM WHEREAS sub-section (1) of section 9 of the said Aot provides that the Governor-General shall by order make such pro- vision as appears to him to bo necessary or expediont for bringing the provisions of the said Aot into effective operation and for re- moving difficulties arising in connection with the transition to the provisions of the said Act:

Now THBBBEOBB in exercise of the powers conferred by the said Aot, the Governor-General is pleased to make the following Order :—

1.(1) This Order may be cited as the Pakistan (Adaptation of Existing Pakistan LawB) Order, 1947.

(2) It shall come into force on the fifteenth day of August, 1947.

2. (1) In this order—

"appointed day " means the fifteenth day of August 1947 ;

" existing Pakistan law " means any Act, Ordinance, Regula- tion, iule, order or bye-law which immediately before the appointed

day has the force of law in the whole or any part of the territori⁶⁸ whioh as from that date form the territories of the Dominion of Pakistan, but does not include any Aot of Parliament, or any Of der in Council, rule or other instrument made under an Aot of Parlia- ment, or the General Clauses Aot, 1897.

(2) The General Clauses Act, 1897, applies for the interpretation of thia Order us it applies for the inteipretation of a Central Aot.

3. As from the appointed day, all existing Pakistan laws shall, antil repealed or altored or amended by a competent Legislature or other competent authority, in their application to Pakistan and any part or parts thereof, be subject to the adaptations directed in this Order.

4. (1) Whero an existing Pakistan law contains a provision defining the territories to whioh the law extends, or a provision referring to the territories whioh are within the scope of that pro- vision, that provision shall be so adapted as to oxolude any territories which on the appointed day are not to form part of the territories of Pakistan.

(2) Without prejudico to the general offect of tho preceding paragraph, referonoos in any existing Pakistan law to " the whole of British India " (or " British India "), to " Bengal " and to " the Punjab " shall, except where the reference occurs in a title or pre- amble or any citation or description of an Act, Ordinance or Regula- tion and except where the context otherwise requires, bo replaced by references to " all the Provinces of Pakistan ", to " East Bengal " and to " West Punjab ", respectively.

5. Any reference in an oxisting Pakistan law to a High Court whioh as from the appointed day ceases to be a High Court for liny part of Pakistan shall—

(a) if the reference bo to the High Court of Judicature at Fort William in Bengal, be replaced by a reference to the High Court of East Bengal, and

(b) in any other case, be omitted.

6. Any worda in an oxisting Pakistan law signifying that tho Governor-General or Governor is to act in his discretion or to exercise his individual judgment shall be omitted.

7. Any reference in an existing Pakistan law to the exercise of the funotions of tho Crown in its relation with Indian States (including any provision the operation of which depends on the exercise of such functions) shall be omitted, and references in any such law to the Crown Representative shall be omitted or cons- trued as references to the Central Government as the context may require.

8. Any refereneo in an existing Pakistan law to the Indian Legislature, or to a Chamber or the Chambers thereof, shall be construed as a reference to the Central Legislature.

9. (1) Any reference in un existing Pakistan law to a tribunal, authority, officer or official body whoso jurisdiction or authority immediately beforo the appointed day extends—

(a) to the whole of India or British India or over parts of British India which on the said day fall partly within the Dominion of India and partly within the Dominion of Pakistan5 or

(b) to the whole of the Province of Bengal or over parts of that Province which on the*said day fall partly within the Province of East Bengal and partly within the Pro- vince of West Bengal, or to the whole of the Province of Assam or over parts of that Province which on the aaid day fall partly within the Province of Assam and partly within the Province of East Bengal, or

(c) to the whole of the province ol the Punjab or over parts of that Province which on the said day fall partly with in the Province of East Punjab anil partly within the Province of West Punjab,

shall be construed as references to such tribunal, authority, offioer or official body aa the appropriate Government may by notification in the official Gazette constitute or appoint in that behalf, a n (j any suoh direction may be given so as to have retroapecftve effect from the appointed day,

(2) For the purposes of this Article, the expression "appro- priate Government¹" means, as respects a law relating to a matter enumerated in List I of the Seventh Schedule to the Government of India Act, 1935, the Central Government, and as respects any other law, tho Provincial Government of East Bengal or West Punjab, as the case may be,

10. Any court, tribunal or authority required or empowered to enforce an existing Pakistan law shall, notwithstanding that this Order makes no provision or insufficient provision for the adap- tation of the law for tho purpose of rendering it consistent with the provisions of the Indian Independence Act, 1947, and of the Govern, ment of India Act, 1935, as applicable to Pakistan, construe the law with all such adaptations as are necessary for the said pur- pose :

Provided that if any question arises regarding the adapta- tions with which such law should be construed for the said purpose, the question shall be referred to the Central Government if the law

relates to a matter enumerated in List I or List III in the Seventh Sohedule to the Government of India Aot, 1935, and to the Pro- vincial Government in any other case, and the deoision of that Government on any suoh reference shall be final.

11. The General Clauses Act, 1897, shall in its application to Pakistan, until repealed or altered or amended by the Central Legislature, be subject to the adaptations specified in the Sohedule to this Order.

12. The provisions of this Order shall not render invalid any- thing duly done before the appointed day under an existing Pakis- tan law, and anything so done for British India or for parts thereof including territories* thereafter included in Pakistan shall, as from the appointed day and until alterod, varied or undone, have effect as if it had been done after the appointed day for the whole of Pakistan or as the case may be, for such territories thereof as aforesaid, by a competent authority and under and in aocordanoe with tho provisions then applicable to the case.

13. If by order under section 9 of the Indian Independence Aot, 1947, provision is made for authorising the oontinued carry- ing on for the time being on behalf of tho now Dominions or on be- half of anv two or more of the Provinces therein referred to as the said new Provinces or services or activities previously carried on under the authority of an existing Pakistan law on behalf of British India as a whole or on behalf of the former Provinces whioh those new Provinces represent, then, notwithstanding anything herein contained, such law shall, as from the appointed day, or where the order under the said section 9 is made after the appointed day as from the date of the making of the order, have effect in its application to Pakistan according to the tenor of that order..

THE SCHEDULE.

(SEE ARTICLE 11).

Adaptations of the General Glauses Act, 1807 in its application t&

Pakistan.

Section 3.—In clause (7), after " any period after that date " insert "and before the establishment of the Federation of Pakistan".

In clause (8aa), omit " or section 44 of the Government of India Act, 1935 ".

For clause (8ab) substitute :— " (Sab) " Central Government " shall—

(a) in relation to anything done bofore the commencement of Part III of the Government of India Act, 1935, mean the Governor- General in Counoil or the authority competent at the relevant date to exercise the functions corresponding to those subsequently exer- cised by the Governor-General;

(b) in relation to anything done after the commencement of Part III of the said Act, but before the establishment of the Federal tion of Pakistan, mean, as respects matters with respeot to which the Governor-General was by or under the provisions of the said aot then in force required to act in his discretion, the Governor-General and as respects other matters, the Governor-General in Council; and

(0) in relation to anything done or to be done after the establi⁸ ment of the Federation of Pakistan, mean the Governor-General ;

and shall include— (1) in relation to functions entrusted under sub-seotiou (1) o* section 124 of the said Aot to the Government of a Province, the Provincial Government acting within the scope of the authority given to it under that sub-section ; and

(ii) in relation to the administration of a Chief Commissioner's Province, the Chief Commissioner aoting within the soope of the Mthority given to him under sub-seotion (3) of seotion 94 of the yid Act: "

In clause (9a), for " t he Punjab "substitute "West Punjab". For olauso (10) substitute " (10) '' Collootor " shall mean the Chief Officer in charge of the revenue administration of a Dis- trict : "

For olausc (11), substitute :—

"(31) * Colony'— (a) in any Central Act passed after the commencement of Part III of the Government of India Act, 1935, shall mean any part of His Majesty's dominions exclusive of the British Islands, the Domi- nions of India and Pakistan (and before the establishment of those Dominions, British India) any Dominion as defined in the Statute of Westminster, 1931, any Province or State forming part of any of the said Dominions, and British Burma ; and

(b) in any Central Act passed before the commencement of Part III of the said Act, mean any part of His Majesty's dominions exclusive of the British Islands and of British India ; and in either case where parts of those dominions are under both a central and local legislature, all parts under the central legislature shall, for the purposes of this definition, be deemed to be one colony.

In clause (14a), omit " contracts made by the Federal Railway- Authority " and for "made in connection" substitute "made before the fifteenth day of August, 1947 in connection ".

In clauses (14b), (14c) and (14d), omit " t he Federal Railway Authority " .

In clause (14e), for " the Federal Railway authority or the Crown Representative " substitute " and with referenoe to a state of affairs existing after the commencement of Part III of the Government of India Act, 1935, and before the establishment of the Federation of Pakistan, includes also property vested in His Majesty, or other- wise held, for the purposes of the Crown Representative ".

After clause (16a) insert-— " (16b) " East Bengal Act " shall mean an Act made by the Provincial Legislature of East Bengal under the Government of India Act, 1935 :".

In clause (17), omit " Madras ". Omit clauses (18a) and (18b). Tn clause (24), for " part of British India " substitute " in a Province or part thereof".

For clause (27) substitute :— " (27) " India " shall mean— (a) as respects any period before the establishment of the Federation of Pakistan, British India together with all territories of any Indian rider than under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian ruler, and the tribal areas ; and

(b) as respects any period after the establishment of the Federa- tion of Pakistan, all territories for the time being included in the Dominion of India :",

Omit clause (27a). In clause (27b), omit " not being part of British India ", and for " His Majesty ", substitute " the Central Government ".

In olause (37a), for " India " substitute " Pakistan ". After olause (37a) insert :— " (37b) " Pakistan Law " shall mean any Act, Ordinance, Regu lation, rule, order or bye-law which before the establishment of th' Federation of Pakistan had the force of law in British India or an> part thereof, or thereafter has the force of law in Pakistan or an> part thereof other than a Federated State, but does not inolude anj Act of Parliament or any Order-in-Counoil, rule or other instrumen made under an Act of Parliament ". Omit clauses (40) and (41).

For clause (43a) substitute : — " (43a) " Provincial Government ¹'—• (a) as respects anything done or to be done after the establish- ment of the Federation of Pakistan, shall mean in a Governor's Province, the Governor, and in a Chief Commissioner's Province, the Central Government ;

(b) as respects anything done before the establishment of the Federation of" Pakistan, but after the commencement of Part III of the Government of India Act, 1935, shall mean in a Governor's Province, the Governor acting or not acting in his discretion, and exercising or not exercising his individual judgment, acoording to the provision in that behalf made by and under the said Act, and in a Chief Commissioner's Province, the Central Government; and

(c) as respects anything done before the commencement of Part III of the said Act, shall mean the authority or person autho- rised at the relevant date to administer executive government in the Province in question :".

In clause (45), for " British India " substitute " a Province ''. After clause (56) insert:— " West Punjab Act " shall mean an act made by the Provincial Legislature of West Punjab under the Government of India Act" 1935 ".

Omit section 5A. Section 30%—Omit " or section 43 ".

Governor- General.

Officer on Special Duty.

SECRETARIAT OF THE GOVERNOR-GENERAL (REFORMS)

NOTIFICATION

New Delhi, the 14th August, 1947.

No. G.G.O. 21.—The following Order made by the Governor- General is published for general information :

THE PAKISTAN (MONETARY SYSTEM AND RESERVE

BANE) ORDER, 1947.

In exercise of the powers conferred by section 9 of the Indian Independence Act, 1947, and of all other powers enabling him in that behalf, the Governor-General is pleased to make the follow- ing Order:—

PART I.

INTRODUCTORY

1. (1) This Order may be called the Pakistan (Monetary System and Reserve Bank) Order. 1947.

(2) It shall come into force on the 15th day of August 1947. 2. In this Order, unless there is anything repugnant in the subject or context,—

(a) "the Bank" means the Reserve Bank of India; (b) "India notes" means currency notes of the Government of India and bunk notes of the Bank, other than Pakistan notes;

(c) "Pakistan notes" means bank notes of the Bank inscrib- ed in the manner provided in sub-section (2) of sec- tion 5 of Part II of this Order;

(d) "India rupee coin" means rupee coin which is for the time being legal tender in India and includes one- rupee notes;

(e) "India subsidiary coin" means coin of a lower denomi- nation than one rupee which is for the time being legal tender in India;

(f) "Reserve Bank Act" means the Reserve Bank of India &ct, 1934;

(g) "section" means a section of the Part of this Order in which the word occurs;

and other expressions have the same meaning as in the Reserve Bank Act.

PART IT. PROVISIONS TO HAVE EFFECT AS FAHT OF THE LAW OF PAKISTAN. 1. The provisions of this Part shall have effect as part of the law of Pakistan.

2. Subject to the provisions of this Part, the Bank shall, until the 30th day of September, 1948, manage the currency of Pakistan and carry on the business of banking in Pakistan.

3. Until the Pakistan Legislature otherwise provides, the standard monetary unit of Pakistan shall be the India rupee.

4. (1) Until the 30th day of September, 1948.—

(a) the Bank shall accept moneys for account of the Govern- ment of Pakistan and the Provincial Governments m Pakistan, make payments up to the amount stand- ing t•) the credit of their accounts respectively, carry nut their exchange, remittance and other banking operations, including the management of the public debt, and generally afford to them similar facilities to those which the Bank affords to the Government of India, or as the cane may be, the Provincial Gov- ernments in India:

(b) the Government of Pakistan and each Provincial Gov- ernment in Pakistan shall entrust the Bank with the management of the public debt and with the issue of any now loans;

(c) the Government of Pakistan and the Provincial Govern- ments in Pakistan shall entrust the Bank with all their money, remittance, exchange and banking transactions in Pakistan, and in particular, shall deposit free of interest all their cash balances with the Bank :

Provided that nothing in this sub-section shall prevent the Government of Pakistan or any Provincial Government in Pakis- tan from carrying on money transactions at places where the Bank has no branches or agencies and from holding at those places such balances as they may require :

Provided further that the provisions of this sub-section, so far as thev relate to management of the public debt, the issue of new loans and exchange operations, shall not have effect after the 3lst day of March 1948.

(2) The conditions on which the Bank shall perform the func- tions mentioned in this section shall be the same as those regulat- ing similar transactions between the Bank and the Government of India, or as the case may be, a Provincial Government in India, subject however to such adaptations and .modifications as may be

agreed upon between the Government concerned and the Bank, or as may, in default of agreement be prescribed by the Governor- General of Pakistan.

5. (1) India notes shall, until the 30th day of September 1048, be legal tender at any place in Pakistan in payment or on account of the amount expressed therein.

(2) On and after the 1st day of April 1948 the Bank may issue in Pakistan bank notes of the Bank inscribed with the words "Government of Pakistan" in English and Urdu, and such notes shall be legal tender in Pakistan in payment or on account of the amount expressed therein :

Provided that notwithstanding anything contained in any enactment or rule of law to the contrary, the Government of India shall not be deemed to be liable to pay the value of any notes so inscribed; neither after the 30th day of September 1948 shall the Bank be so liable.

(3) The Bank shall, up to the 30th day of September 194S, have the sole right to issue bank notes in Pakistan, and before the expiry of that day, the Government of Pakistan shall not issue any currency notes.

(4) No person in Pakistan other than the Bank shall draw, accept, make or issue any bill of exchange, hundi, promissory note or engagement for the payment of money payable to bearer on demand, or borrow, owe or take up any sum or¹ sums of money on the bills, hutidia or notes payable to bearer on demand of any such person :

Provided that cheques or drafts, including hundis, payable to bearer on demand or otherwise maybe drawn on a person's account with a banker, shroff, or agent.

(5) Notwithstanding anything contained in the ' Negotiable Instruments Act, 1881, no person in Pakistan, other than the Bank, shall make or issue anv promissory note expressed to be paya-ble to the bearer of the instrument.

(6) Any person contravening the provisions of sub-section (4) or sub-section (5) shall be punishable with fine which may extend to the amount of the bill, hundi, note or engagement in respect of which the offence is committed.

(7) No prosecution under this section shall be instituted except on complaint made by the Bank.

0. (1) Notwithstanding anything contained in any enactment or .rule of law to the contrary, no person shall of right be entitled to recover from the Bank or the Government of Pakistan the value of anv lost, stolen, mutilated or imperfect India note or Pakistan note.

T HE G A Z E T TE OJj I N D IA E X T R A O E D I N A l i Y, A id 14, 1U47 965

(2) The Bank may with the previous sanction of the Govern- ment of Pakistan prescribe the circumstances in which, and the condituins and limitations subject to which, the value of lost, stolen, mutilated or imperfect Pakistan notes may be refunded as of grace.

(3) The value of lost, stolen, mutilated or imperfect India notes may be refunded as of grace in Pakistan in the circumstances and subject to the conditions and limitations proscribed for the time being in that behalf as respects Jndia under section 28 of the Eeserve Bank Act.

COINAGE

7. (1) India rupee coin and India subsidiary coin shall continue to be legal tender in Pakistan to the like extent and subject to the same conditions as immediately before the 15th day of August 1947 for such period or periods, not expiring, in the case of any coins, sooner than one year from the introduction of corresponding Pakistan coins, as the Government of Pakistan may determine :

Provided that India one-rupee notes shall not be legal tender in Pakistan, after the 30th day of September 1948.

(2) No Pakistan coins shall be issued except in pursuance of a law of Pakistan, and before the 1st day of October 1948, no Pakistan coin shall be issued of a denomination different to that of Tndia coin in circulation at the commencement of this Order. 8. During the period in which the Bank is managing the currency of Pakistan—

(a) any Pakistan coins issued shall on demand be supplied by the Government of Pakistan to the Bank against payment of their nominal value in such quantities as will, in the opinion of the Bank, be required for cir- culation in Pakistan, and the Government of Pakis- tan shall not put any coins in circulation in Pakistan except through the Bank in pursuance of a demand made under this clause;

(b) the Bank may deliver to the Government of Pakistan any Pakistan coins which will not in its opinion be required for circulation in Pakistan against pay- ment of their nominal value, and no Pakistan coins shall be disposed of by the Bank otherwise than for the purposes of circulation or by delivery to the Government of Pakistan under this clause;

(c) the Bank shall on demand issue Tndia or Pakistan rupee coin in exchange for legal tender notes :

Provided that, if any Pakistan coins have been issued, the Bank shall not, after the 31st day of March 1948, issue India coins, except to the extent that Pakistan

coins are not, in the opinion of the Bank, available in sufficient quantities for the purposes of circulation; (d) the Bank shall on demand issue legal tender notes in exchange for legal tender coins;

(e) the Bank shall in exchange for legal tender notes of five rupees or upwards supply legal tender notes of lower value or legal tender coins in such quantities as may in the opinion of the Bank be required for circula- tion;

(f) if the Government of India or, as the case may be, the Government of Pakistan, at any time fails to supply coins to the Bank, the Bank shall be released from its obligations under clause (c) or clause (e) to supply such coins to the public.

9. Notwithstanding anything contained in any enactment or rule of law to the contrary, the Government of India shall not be liable to pay the value of any one-rupee note inscribed with the words "Government of Pakistan" in English and Urdu.

10. (1) The Indian Coinage Act, 1906, shall, until other pro- vision is made by a law of Pakistan and subject to the provisions of this Order, apply to Pakistan, and in such application —

(a) for section 1 there shall be substituted the following section, namely :—

"1. Short title and extent.—(1) This Act may be called the Pakistan Coinage Act.

(2) It extends to the whole of Pakistan."; (b¹) references to the Central Government shall be construed as references to the Government of Pakistan.

(2) Rules made under the Indian Coinage Act, 1906, and in force immediately before the commencement of this Order shall be in force in Pakistan until they are modified or Tescinded under that Act as in force in Pakistan.

DUTIES OF BANK REGARDING EXCHANGE.

11. Up to the 31st day of March 1948, the Bank shall sell to or buy from any authorised person who makes a demand in that behalf at its office in Karachi foreign exchange at such rates of exchange and on such conditions as the Government of Pakistan, in consultation with the Government of India, may, from time to time by general or special order determine:

Provided that no person shall be entitled to demand to buy or sell foreign exchange of the value of less than two lakhs nf rupees. Ewplanation.—In this section "authorised porson" means ;i person who is entitled by or under the Foreign Exchange Regula- tion Act, 1947, to buy or, as the case may be, sell the foreign ex- change to which his demand relates.

CONTROL OF SCHEDULED BANKS, ETC.

V2. (1) Every Pakistan scheduled bank shall maintain with the Bank a balance the amount of which shall not at the close of business on any day be less than five per cent, of the demand liabilities, and two per cent, of the time liabilities, of that bank in Pakistan as shown in the latest return made under sub-section (2).

Explanation.-—For the purposes of this section liabilities shall not include the paid-up capital or Eesorves, or any credit balance in the profit and loss account of the scheduled .bank or the amount of any loan taken by it from the Bank.

(2) Every Pakistan scheduled bank shall send to the Bank a return signed by two responsible officers of the scheduled bank showing—

(a) the amounts of its demand and time liabilities, respect- ively in Pakistan,

(b) the total amount held in Pakistan in India notes and Pakistan notes, respectively,

(c) the amounts held in Pakistan in Tndia rupee coin, India subsidiary coin and Pakistan rupee and Pakistan subsidiary coin, respectively,

(d) the amounts of advances made and of bills discounted in Pakistan, respectively, (e) the balance held at the Bank,—

at the close of business on each Friday, or where Friday is a public , holiday under the Negotiable Instruments Act, 1881, at the close of business on the preceding working day, and the return shall be sent not later than two working days after the datfe to which it relates :

Provided that where the Bank is .satisfied that the furnishing of a weekly return under this sub-section is impracticable in the case of any Pakistan Scheduled bank by reason of the geographical position of the bank and its branches, the Bank may require such bank to furnish in lieu of a weekly return a monthly return 10 be despatched not later than fourteen days after the end of the month to which it relates, giving the details specified in this sub-section in respect of such bank at the dose of business for the month

(3) Tf at the close of business on any day before the day fixed for the next return, the balance held at the Hank by any Pakistan scheduled bank is below the minimum prescribed in sub-section (I), such bank shall be liable to pay to the Bank in respect of each surh day penal interest at the rate of three per cent, above the bank rate on the amount by which the balance with the Bank falls sluit of the prescribed minimum, and if on the day fixed for the next

return such balance is still below the prescribed minimum as dis- closed by tins return, the rate of penal interest shall be increased to a rate live per cent, above the bank rate in respect of that day and each subsequent day on which the balance held at the Bank at the dose of business on that day is below the prescribed minimum.

(4) Where under the provisions of sub-section (3) penal interest at the increased rate of five per cent, above the bank rate has be- come payable by a Pakistan scheduled bank, if thereafter on the day fixed for the next return the balance held at the Bank is still below the prescribed- minimum as disclosed by this return.—

(a) every director and any managing agent, manager or secretary of the Pakistan scheduled bank, who is knowingly and wilfully a party to the default, shall be punishable with fine which may extend to five hundred rupees and with a further fine which may extend to five hundred rupees for each subsequent day on which the default continues,

(b) tho Bank may prohibit the Pakistan scheduled bank from receiving after the said day any fresh deposit, and. if default is made by the Pakistan scheduled bank in complying with the prohibition referred to in clause (b), every director and officer thereof who is knowingly and wilfully a party to such default or who through negligence or/otherwise contributes to such default shall in respect of each such default be punishable with fine "which may extend to five hundred rupees and with a further fine which may extend to five hundred rupees for each day after the first on which a deposit received in contravention of such prohibition is retained by the Pakistan scheduled bank.

Krplanation.—In this sub-section "officer" includes a manag- ing agent, manager, secretary, branch manager and branch secretary,

(5) Any Pakistan scheduled bank failing to comply with the provisions'of sub-section (2) shall be liable to pay to the Bank a penalty of one hundred rupees for each day during which the failure continues.

(6) The penalties imposed by sub-sections (3) and (5) shall be payable on demand made by the Bank, and in the event of a refusal by the defaulting bank to pay on such demand, may be levi<-.l by a direction of the principal Civil Court having jurisdic- tion in the area where an office of the defaulting bank is situ.ited, such direction being made only upon application made _ in that behalf to the Court by the Bank with the previous sanction of the Govern men! of Pakistan.

(7) The Government of Pakistan shall, by notification in the official Gazette, declare to be a Pakistan scheduled bank any bank which carries on the business of banking in Pakistan and which— (a) has a paid up capital and reserves of an aggregate value of not less than five lakhs of rupees, and

(b) is a company as defined in a clause (2) of section 2 of the Indian Companies Act, 1913, or a corporation or a company incorporated by or under any law in force in any place on!side Pakistan.

and a bank wo declared shall be a "Pakistan scheduled Bank¹¹ within the meaning of this .seel ion. and shall by a like notification direct that any Pakistan scheduled bank the aggregate value of whose paid-up capital and reserves becomes at any time less than Jive lakhs of rupees, or which goes into liquidation or otherwise ceases to carry on banking business, shall cease to be a Pakistan scheduled bank :

Provided that no bank shall be declared to be a Pakistan scheduled bank if it is a scheduled bank within the meaning of the Reserve Bank Act.

(8) The Bank may, with'the previous sanction of the Govern- ment of Pakistan, make regulations to provide for—

(a) the relations of Pakistan scheduled banks with the Bank and the returns to be submitted by Pakistan scheduled banks to the Bank:

(b) the regulation of clearing-houses for Pakistan scheduled banks.

(9) The provisions of thi^ section shall have effect only up to the 30th day of September 194B.

13. (]) The Bank may. until the 30th day of September 1948, require any Pakistan provincial co-operative bank with which it has transactions under section 17 of the Reserve Bank Act to fur- nish such returns as are referred to in sub-section (2) of section V2 of this Part, and while such a requirement is in force the pro- visions of sub-sections (5) and (fi) of the said section 12 shall apply so far as may be to that co-operative bank as if it were a Pakistan scheduled bank

(2) In this section "Pakistan provincial co-operative, bank" means—

(b) any other central L'O-operative society declared (or the time being by a Provincial Government in Pakistan to be a Pakistan provincial co-operative bank for the purposes of this Order

MISCELLANEOUS

14. (1) The Bank shall not bo liable for the payment uf any stamp duty in Pakistan in respect of Pakistan notes or India notes,

(2) The Bank shall not be liable to pay Pakistan income tax or super-tax on any of its income, profits or gains;

Provided that nothing in this sub-section shall affect the liability •of any shareholder in respect of Pakistan income-tax or super-tax.

(3) For the purposes of any provisions of the Indian Income- tax Act, 1922, as in force in Pakistan, which relate to the levy and refund of income-tax, any dividends paid under section 47 of the Reserve Bank Act shall be deemed to be "Interest on Securities". 15. (1) The Reserve Bank Act shall cpase to be part of tho law -of Pakistan, and the status of the Bank in Pakistan shall be that of a corporation existing only by virtue of the law oP India and capable of suing and being sued as such in Pakistan; and accord- ingly efleet shall be given to the said Act by Courts in Pakistan •only in so far as under the rules and principles of: law determining the cases in which law other than Pakistan law is to be applied in Pakistan, the proper law to be applied is the law of India.

(2) Nothing in the Indian Companies Act, 1913, shall apply to the Bank.

16. (1) If any person in Pakistan makes a false declaration in any declaration furnished by him in pursuance of a requisition under sub-section (1) of section 56 of the Reserve Bank Act, he shall be deemed in Pakistan to have committed the offence of giving false evidence denned in section 191 of the Indian Penal Code, and shall be punishable under the second paragraph of section 193 of the said Code.

(2) Nothing contained in any declaration furnished under the said sub-section (1) shall operate to affect the Bank with notice of any trust, and no notice of any trust express, implied or con- structive shall be receivable by the Bank.

T HE UAZTCTITK t>Jb' INDTA E X T H A O K D I N A E Y, AUO. 14, UM7 97I

Pakistan and for clause (b) of sub-section (1) of section 5 of the said Ordinance, the following shall be substituted, namely-—

"(b) notwithstanding- anything contained in sub-section (7) of section 12 of Part II of the Pakistan (Monetary System and .Reserve Bank) Order, 1947 the Govern- ment of Pakistan shall refuse to declare the banking company to be a Pakistan scheduled bank, or if the banking company has been so declared, shall by noti- fication in the Official gazette, cancel such declara- tion :"

PART Til PHOVIS1£>NS TO HAVE EFFECT AS PART OF THE T.AW OF INDIA

1. Until the 30th day of September 1948, the Eeserve Ban!; of Indin Act, 1934. shall have effect as if—

(1) to section 2 the following clauses were added, namely : — "(f, "Pakistan scheduled Bank", "Pakistan provincial co-operative bank" and "Pakistan notes" have the same meaning as in the Pakistan (Monetary System and Reserve Bank) Order, 1947;

(g) "batik notes'" and "currency notes of the Govern- ment of India" do not, save as is expressly provid- ed, include any notos which arc Pakistan note;";

(h) "local authority" includes a local authority in Pakistan.";

(2) in sub-section (3) of section 4,—

(a) after the word "India" wherever it occurs, and after the word "Indian" wherever it occurs except in the expression "Indian Companies Act. 1913," the words "or Pakistan" were inserted;

(b) after clause (c) the following clause were insprled, namely:—

"(d) a company or co-operative society registered in Pakistan under anv law relating to companies or co-operative societies, or a Pakistan scheduled bank,";

(3) in section 6. after the word "India" the words "or Pakistan" were inserted:

(4) in sub-section (1) of section 10, after the word "India" in both places where it occurs the words "or Pakistan'' were inserted;

(5) in sub-section (5) of section 11.—

fa) for the words "tho Federal Legislature, the Indian Legislature, a Provincial Legislature or the Ooonr Legislative Council" the words "anv Legislature in Tnditi or Pakistan" were substituted:

(h) the words "or Con-noil" were omitted:

(6) m section 17—

(a) in clauses (1), (5), (8) ami (11) there were included references to the Government of Pakistan and to the Provincial Governments in Pakistan;

(b) in sub-clause (a) of clause (2)—

(i) for the words "and payable in India" the words "India or Pakistan and payable in India or Pakistan" wero substituted;

(ii) alter the words "scheduled bank" the words "or a Pakistan scheduled bank" were inserted;

(c) in sub-clause (b) of clause (2)—

(i) for the words "and payable in India" the words "in India or Pakistan and payable in India or Pakistan" were substituted;

(ii) for the words "OP a provincial co-operative bank" the words "a Pakistan scheduled bank, ,i pro- vincial co-operative bank or a Pakistan pTi'>- vincial co-operative bank" were substituted;

(d) in sub-clause (c) of clause (2)—

(i) for the words "and payable in India" the words "in India or Pakistan and payable in India or Pakistan" were substituted:

(ii) after the, words "scheduled bank" the words "or

a Pakistan scheduled bank" were inserted;

(iii) after the words "Provincial Government" the words "or the Government of Pakistan or a Provincial Government in Pakistan" weie in- serted ;

(e) in sub-clause (a) of clause (3), after the word "banks" the words "and Pakistan scheduled banks" wore inserted;

(f) to sub-clause (b) of clause (3) the words "™' in

Pakistan except with a scheduled bank or a Pakistan scheduled bank" were added;

(g) in clause (4)—

(i) after the words "co-operative banks" the worjs "Pakistan scheduled banks, Pakistan provincial co-operative banks" were inserted:

(ii) to sub-clause (a) the words "or Pakistan" were

addftd•

(iii) in sub-clause (d), after the words "co-operative bank" the words "or Pakistan scheduled bank or Pakistan provincial co-operative bank" were inserted;

(h) in clause (14)—

(i) after the word "India" where it occurs for the first time, the words "or Pakistan" were inserted;

(ii) after the words "scheduled bank" the words "or Pakistan scheduled bank" were inserted;

(iii) after the word "India" where it occurs for the second and third times, the words "and Pakistan" were inserted;

(i) to clause (15) the following were added, namely:—

"and the making and issue of Pakistan notes in accord- ance with the provisions of the Pakistan (Monetary System and Reserve Bank) Order, 1947".

(j) to clause (16) the words, brackets and figures "and the Pakistan (Monetary System and Reserve Bank) Order, 1947" were added;

(7) in section 18—

(a) after the word "Indian" the words "or Pakistan"

were inserted;

(b) in clause (1), after the words "co-operative bank" the words "or a Pakistan scheduled bank or a Pakistan provincial co-operative bank" were inserted;

(8) to sections 23 and 34 the following sub-section were

added,- namely : —

"(3) In this section references to bank notes include references to Pakistan notes.";

(9) in section 29, after the word "notes" the words "or

Pakistan notes" were inserted; -—

aO) in sub-section (1) of section 30, after the words "by or under this Act" the words, brackets and figures "or the Pakistan (Monetary System and Reserve Bank) Order, 1947," were inserted;

(11) in sub-sections (1) and (3) of section 33, for the words "rupee coin" the words "India rupee coin, Pakistan rupee coin" were substituted;

(12) in section 40, after the words "by general or special order determine/' the words "in consultation with the Government of Pakistan and" were inserted;

(13) after section 40, the following section were inserted,

namely :—

"40A. Remittance between India and Pakistan,—The Bank shall, until the 31st day of March 1948', provide any person who makes a demand in that behalf with remittance at par between its offices in Pakistan and such office or offices in India as may be pres- cribed by the Bank, in such amounts and subject only to such rate or rates of commission as may be approved by the Government of India and the Government of Pakistan."

(14) in section 42—

(a.) in sub-section (1), after the word "India" the words "and Pakistan" were inserted;

(b) in sub-section (2), after clause (e) the following clauses were inserted, namely:—

"(f) the amounts of its demand and time liabilities, respectively, in Pakistan.

(g) the total amount held in India in Pakistan notes,

(h) the total amount held in Pakistan in currency notes of the Government of India and bank notes,

(i) the total amount held in Pakistan in Pakistan notes,

(]) the amounts held in Pakistan in rupee coin, sub- sidiary coin and Pakistan rupee coin and Pakistan subsidiary coin, respectively,

(k) the amounts of advances made and of bills dis- counted in Pakistan, respectively,";

(35) to section 43 the following were added, namely:—

'""and from Pakistan scheduled banks under the corres- pounding provision of the Pakistan (Monetary System and Eeserve Bank) Order, 1947".

(16) in section 54,—

(a) in clause (a), for the words "provincial co-operative banks" the words "the Government of Pakistan, the Provincial Governments in Pakistan, provincial co-operative banks, Pakistan provincial co-opera- tive banks" were, substituted;

(b) in clause (b), after the words "co-operative banks" the words "Pakistan provincial co-operative banks" were inserted;

(17) in the First Schedule,—

(a) in Part II, for the words "the Bengal Presidency" the words "East Bengal, West Bengal" were sub- stituted;

(b) in Part I I I, for the words "the Punjab" the words.

"East Punjab, West Punjab" were substituted:

Provided that the modification made in section 40 of the Reserve Bank Act by clause (112) of this section shall have effect only up to the 31st day of March 1948.

2. Until the 30th day of September 1948, the Government of India shall send as soon as may be to the Government of Pakistan notice of any proposal to introduce, or move an amendment to, a Bill in the Indian Legislature which affects the coinage or currency of India or the constitution or functions of the Bank.

PART IV

'ADJUSTMENTS BET WHEN GOVERNMENTS AND OTHER MISCELLANEOUS

PROVISIONS

1. (1) In this section "Government's Bank Profits" in respect of any period means the sum of—

(a) any amounts payable in respect of that period to the Government of India by the Bank under section 47, or sub-section (2) of section 37, of the Reserve Bank Act, and by the Issue Department under sub-section (2) of section 34 of that Act, and

(b) any other profits accruing in that period to the Gov- ernment of India by reason of any revaluation of the gold held by the Bank,

less any amount debited to the Government of India in that period under sub-section (2) of the said section 34:

Provided that the Government's Bank profits in respect of the period commencing on the 1 st day of July 1948 and ending on the 80th day of September 1948 shall be deemed to be one-quarter of the said profits in respect of the year ending on the 30th day of yune 1949

(2) The Government of India shall pay to the Government of" Pakistan that portion of the Government's Bank profits in respecti of the period commencing on the 1st day of July, 1947 and ending on the 30th day of September, 1948 which bears "to the total of such profits in respect of the said period the same proportion as the total value of the Pakistan notes m circulation in Pakistan on the 80th day of September 1948 plus the total value of India notes returning from circulation in Pakistan in the period commencing on the 1st day of October 1948 and ending on the 31st day of March 1949 bears to the total value of India and Pakistan notes in circulation in India and Pakistan on the 30th day of September, 1948 :

Provided that if a declaration is made by or on the authority of the two Governments to the effect that they are agreed that on or about the 1st day of January 1949 India notes are still return- ing fiom circulation in Pakistan to a considerable extent, the pro- visions of this sub-section and of sub-section (2) of section 4 shall be construed and sha.ll have effect as if for the references in thoae provisions to the 31st day of March 1949 there were substituted references to the 30th day of September 1949.

2. (1) In respect of the period commencing on the 15th August 1947 and ending on the 30th September 1948 the Government of India shall pay to the Government of Pakistan the profit, as cal- culated by the Auditor General of India, on the net amount of India subsidiary coins which are actually passed into circulation in Pakistan during that period less the loss, as calculated by the Auditor General of India, on the destruction of any India subsi- diary coins returned from Pakistan during that period and destroyed as not being fit for reissue.

(2) If in respect of the period mentioned in sub-section (1), the amount of India subsidiary coins returning from circulation in Pakistan exceeds the amount of India subsidiary coins actually, passed into circulation in Pakistan during that period, the Gov- ernment of Pakistan shall pay to the Government of India the loss attributable to that fact, as calculated by the Auditor General of India, together with the loss, as calculated by the Auditor General of Tndia, on the destruction of any Tndia subsidiary coins returned from Pakistan during that period and destroyed as not being fit for reissue.

'S. (1) Any India coins other than one-rupee notes retired from Pakistan (whether from circulation, from the Bank's balances; from Treasury balances, or from small coin depots) by reason of the introduction of corresponding Pakistan coins shall be disposed of ns follows : —

(a) Coins, other than nickel brass and quaternary silver coins, shall be accepted against payment to the

Government of Pakistan of their bullion value. In addition, so long as the issue of such coins continues in India, the cost to India of minting the same amount of coin in the same form shall be paid to the Government of Pakistan.

(b) Nickel brass and quaternary silver coins shall be disposed of by the Government of Pakistan for their bullion contents direct.

.(c) The Government of Pakistan shall not dispose of any coins as coin but may dispose of their bullion contents in any other manner desired by them.

(2) One-rupee notes of the Government of India shall be exchanged into Pakistan notes before the 30th day of September 1948, and the Pakistan Government shall return the notes so exchanged to the Government of India without payment.

4. (1) As soon after the 30th September 1948 as practicable and. subject to the provisions of sub-section (3), there shall be transferred from the Issue Department of the Bank to the Govern- ment of Pakistan assets, which, as valued for the purposes of the Reserve Bank Act, have together a value equal to the total liability in respect of the Pakistan notes outstanding on that day.

(2) India notes which may be legal tender in Pakistan on the 30th September 1948 or in respect of which the rights of encash- ment in Pakistan exist on that date shall be accepted by the Gov- ernment of Pakistan at par until the 31st March 1949, and there shall from time to time on the demand of the Government of Pakistan be transferred from the Issue Department of the Bank to the Government of Pakistan assets which as valued for the pur- poses of the Reserve Bank Act, have together a value equal to the amount of notes accepted by the Government of Pakistan under this sub-section.

(3) In transferring assets under this section, Pakistan rupee securities and the advances, if any, taken by the Government of Pakistan from the "Rank shall first be set off against the liability for Pakistan notes and India notes accepted by the Government of Pakistan, and only in respect of the balance of that liability shall the other assets of the Issue Department, con- sisting of gold, sterling securities, India rupee coin, Pakistan rupee coin and Government of India securities, be transferred in the proportions in which assets of those Hawser re-spectivelv may be held by the Issue Department, on the 30th day of September 1948.

(4) Any India rupee coin transferred under the foregoing provi- sions of this section shall be disposed of in accordane with the provisions of section 3 as if it were retired rupee coin, and any

Pakistan rupee coin remaining with the Bank after the transfers under this section shall be made over to the Government of India for disposal otherwise than as coin.

(5) The Government of Pakistan shall, if the Bank so desires, take over from the Bank all or any of the property held by the Bank in Pakistan for the purpose of carrying on its business against payment of the value of that property as shown in the books of the Bank.

(6) The Government of Pakistan shall be entitled to—

(a) the same fraction of the amount of the Reserve Fund of the Bank as on the 30th day of September 1948 which would accrue to the Government of India if the Bank went into liquidation on that date, as the fraction of the uncovered debt of the Government of India for which the Government of Pakistan becomes liable on the 15th day of August 1947;

(b) the same fraction of the other surplus assets of the Bank which would exist on the 30th day of September 1648 if the Bank went into liquidation on that date remaining after deducting therefrom the sums pay- able for a proportionate period in respect of the financial year of the Bank" current on that date to the Government of India and the shareholders of the Bank, as the fraction of the assets of the Issue Department which the Government of Pakistan takes over :

Provided that any payment due under this sub-section shall be credited as a capital payment in reduction of the debt, if any, due by the Government of Pakistan to the Government of India.

5. The agreement made in pursuance of section '45 of the Reserve Bank Act between the Bank and the Imperial Bank of India shall, so far as the context so permits, have effect subject to the following adaptations, namely :—

(a) references to India and British India shall be construed

as including references to Pakistan;

(b) references to the Governor General in Council in rela- tion to his general banking business, his accounts, and sums due to or from hinij and references to Gov- ernment in relation to receipts and disbursements dealt with on account of Government shall be con- strued as including references to the Government of Pakistan and to the Provincial Governments in Pakistan;

(o) references to banks included in the Second Schedule to the Reserve Bank Act shall be construed as including references to Pakistan scheduled banks.

MOUNTBATTEN OF BUBMA,

Governor-General.

K. V. K. SUNDARAM,

Officer on Special Duty,

(REFORMS)

NOTIFICATION

New Delhi, the 14th August 1947

No. G.G.O. 22.—The following Order made by the Gover- nor-General is published for general information :—

THE PAKISTAN (PROVISIONAL CONSTITUTION)

ORDER, 1947 WHERE.IS by sub-section (2) of ssotion 8 of the Indian Independence Ant, 1917 (horaafbor in the recitals to this Order referred to as the said A.ob), it is provide! that except in so far as other provision is made by or in accordance witb a law made by the Constituent Assembly of the Dominion under sub-section (i) of the said section, each of the new Dominions and all Pro- vinces and other p\rts thereof shall be governed as nearly as may be in accordance with the provisions of the Government of India Aot, 1935, anfl that tin provisions of thtt Act shall, so far as applicable anr] subject to any express provisions of tho said Aot and with such omissions, additions, adaptations and milifioi,tion"3 as rn^v bs spacifici in ordor.9 of tta^ Governor- General uniar th^ n^st succa^lin^ secbioi of th^ aud Arst, havo effeot accordingly.

AN"D witEauvs by p\rai5rgph (o) of sub-seotion (1) of sec- tion 9 of th? said Aot it is provided that the Governor-General shall by ori^r mxke sinh provision as app^irs to him to ba necassary or exparUent for making omissions from, additions to, and adaptations and mo'lifioations of tha Govv^rnment of India Aot, 1935, in its application to tha separate n?f Dominions ;^

AND WHEREAS by sub-seotion (4) of seotion 19 of the said Act it is provided that in the said Aot, except so far as the con- text otherwise requires, references to the Government of India Act, 1935, include references to any enaotmenta amending or supplementing that Act and in particular references to the India (Central Government and Legislature) Act, 1946 ;

Now THERT3FORB in exercise of the powers conferred by the said provisions of the said Aot, the Governor-General is pleased to make tho following Order :—

1.(1) This Order may bo cited as the Pakistan (Provisional Constitution) Order, 1947.

(2) It shall come into force on the fifteenth day of August 1947, which day is hereinafter referred to as "the appointed day ".

2. (1) Where n provision of the Government of India Aot, 1935, has been amendod bofore the appointed day, a reference to that provision in the Sohedulo to this Order shall be read as referring to the provision as in force im- mediately before the appointed day

(2) The Interpretation Aot, 1889, applies for the inter- pretation of this Ordor as it applies for the interpretation of an Act of Parliament.

3. (1) As from the appointed day, the Government of India Act, 1935, including the provisions of that Aot which have not come into force before the appointed day, and the India (Central Government and Legislature) Aot, 1946, shall, until other provision is made by or in accordance with a law niado by the Constituent Assembly of Pakistan, apply to Pakis- tan with the omissions, additions, adaptations and modifi- cations directed in the following provisions of this paragraph and in the Schedule to this Order.

(2) The following expressions shall be omittod wherever they occur, namely, " in his discretion ", " acting m his dis- cretion " mid "• exercising his individual judgment ".

(3) For each of the expressions u existing Indian law " and " existing Indian Act " wherever that expression occurs' there whail be substituted the expression " existing law ".

4. Where the Schedule to this Order requires that in any specified provision certain words sht.ll bo substituted for cer- tain other words or that certain words shall be omitted, that substitution or omission as tho case may be., shall, unless otherwise expressly provided, be mado wherever the words re- ferred to appear in that provision.

• • f 5. Where any instrument is in force under any provision o the Govrnment of India Act, 1935, immediately bofore the ap- pointed day, and that piovision remains in force, whether with or without modifications, on and after the appointed day, the said instrument shall, so far as applicable and with any neces- sary modifications, remain in force as from that day as if it were an instrument of the appropriate kind duly made by the appro- private authority under the said provision as in force after that. day, and may be varied or revoked accordingly.

6. Where any law ma do by tho Governor of a Province by virtue of section 93 of the Government of India Act, 1935,. is in force immediately before the .appointed day, tho said law, notwitbstanding that tho eajd section is directed to be omitted in the Schedule to this Order or that by reason of such omission a. Proclamation under the paid section ceases to have effect, shall remain in forco for the peuod for which it would have rf m aired in force if the said section had been at aJl material times in operation.

7. (1) Subject lo any general or special orders or arrartger ments affecting his case, any person who immediately before the appointed day is holding any civil post under the Crown in connection with the affairs of the Province of Pen gal, the Punjab, the North-West Frontier Province or Sind nhall, as from that day, be deemed to have been duly appoiniod to the cor- responding post under the Or own in connection with the affairs of tho Piovince of East Bergal, West Punjab, the North-West Frontier Province or, as the case may be, iSind.

(12) Notwithstanding that section 170 of the Government of India Act^ 15135, is directed to be omitted in the Schedule to this Order, the person holding the office of the Auditor of Indian Home Accounts immediately before the appointed day is hereby authorised to continue until such date as the Governor- General may specify to perform such duties, and exercise such powers, in relation to transactions in tho United Kingdom affecting 1he rrvonufs of Pakistan or of any Province'thereof as he was before the appointed day performing on exercising urder the provisions of the Raid section 170.

The Schedule

1. THE GOVERNMENT OF INDIA ACT, 1935

Adaptations

Section

Omit. For this section substitute :—

2 3

" 3. The Governor-General.—The Governor-Gene- ral of Pakistan is appointed by His Majesty by Commission under the Royal Sign Manual " Omit.

4

Section

Adaptations

For this peri ion fruli&tituie :—

5

" 5, .Establishment of the Federation.—(1) As from the fifteenth day of August, 1947, there shall be united, in a Federation by the name of Pakis- tan—

(a) the Provinces hereinafter called. Governors'

Provinces,

(h) the Provinces hereinafter called Chief

Commissioners' Provinces, and

(c) such 'Indian States as may accede to the Federation in the manner hereinafter provided.

(12) The said fifteenth day of August ie the date referred to in this Act as the date of the establish- ment of the Federation ".

6 Save as otherwise provided, for " His Majesty" substitute " the Governor-General ".

In sub-section (]), omit the words "His Majesty the King ", the words " of India ", and the proviso.

In sub-section (4), emit " after the establishment of the Federation ".

In sub-section (5), omit " mentioned in the second Schedule thereto ", and for " or by autho- rity of Parliament'¹ substitute " t he Federal Legislature ".

Omit sub-section (7).

In sub-section (9), for " His Majesty's " substitute " the Governor General's " and for " Parliament " substitute " the Federal Legislature ",

** *

7

In sub-section (1), omit" on behalf of His Majesty ".

In sub-section (2), omit all words after " by or under' this Act ".

Section

Adaptations

8 Tn sub-section (1), for paragraphs (a), (6) and (c) substitute " to the matters with reapeot to whiob. the federal Legislature has power to make laws, including the exercise of rights, authority and jurisdiction in and in relation to areas outside Pakistan ", and in the proviso omit paragraphs {Hi) and {iv).

9 For this section substitute : —

" 9. Council of ministers.—There shall be a oouncil of ministers to aid and advise the Governor* General in the exercise of his functions."

10 In sub-section (2), omit " either Chamber of".

Omit aub-section (5).

11 to 15

Omit.

16 In sub-section (2), for " British India " substitute "any Governor's Province or Chief Commissioner's Province ".

Omit aub-section (4).

In sub-section (3), oarib all word? after " said 17

business ".

In sub-section (4), omit all words after " sojtrans- mitted ".

Omit sub-sections (4) and (5).

18 For this section substitute :—

" 18. Constitution of tin Fdloral LBjislature.— The powers of tka forloral Legislature under thi3 Act shall, until other provision is made by or in. accordance with a law made by the Constituent Assembly under sub-section (l)ofsoction 8 of the Indian independence Act, 1947, be exercisable by that Assembly, and accordingly references in this Act to the Federal Legislature shall be oonstrued as references to the Constituent Assembly ".

Section

Adaptations

39 In sub-seotion (1), omit " The Chambers of ".

v In sub-section (2), for " tho Chambers " substitute " the Dominion Legislature ", omit " or either Chamber ", and omit paragraph (o).

Omit sub-section (3).

50 In sub-seetion (1), omit "either Chamber of" and " or both Chambers assembled together ". In sub-section (2), omit "either Chamber of" and for " a Chamber to whom any message is so sent "substitute " t he Legislature".

21 Omit " every counsellor ".

For " either Chamber, any joint sitting ot the Chambers and any oommibtee of the Legislature '* substitute " the' Federal Legislature or any committee thereof".

22 For " Council of State " substitute •' Federal Legislature ", for '' Counoil " substitute " Legis- lature ", and for ''President" substitute '^Spoaker".

Omit sub-section (5).

Omit.

23 to 21

28 In sub-seofcion (1), ojait "either C.iiQib3r of".

In sub-section (2), for " the Chambers " substitute " tho Federal Legislature ".

Omit sub-sections (3) and (4).

29 For " either Chamber " substitute " the Federal Legislature ",

For this section substitute \—

30

" 30. Provision as to pending bills.—(1) A] B i ll pending in the Federal Legislature shall not lapse by reason of the prorogation of the Legislature.

Section

Adaptations

(2) A Bill which, immediately before the establishment of the Federation, was pending in the Legislative Assembly of the Indian Legislature may, subject to any provision to the contrary which may be included in rules made by the Federal Legis- lature under section 38 of this Act, be-continued in the Federal Legislature as if the proceedings taken with reference to the Bill in the said Legislative Assembly had been taken in the Federal Legisla- ture".

31 32

Omit. In siib-f-:ectkn (]), for (t CVainbers'' substitute " Federal 1 egialature '\ frd omit " or that he reserves the Bill for the signification of Hia MajeHfy'n pleasure- ".

Omit sub-sections (2) and (3).

In sub-seotion (1), omit " both Clumbers of".

In sub-seotion (2), ondt all the words after "from

other expenditure .

In sub-section (3) —

(i) in paragraph (a) for " required to bo made by Order in Council " substitute "made by or under the Third Sohedule to this Ach ";

(ii) for paragraph (c) substitute—

tl(c) the salaries atid allowances of minis ters, of the advocate-general, and of chief commissioners " ; (in) omit paragraphs (e), (f) and (g).

Omit sub-seotion (4).

In sub-section (1) omit "either Chamber o f' 34

and " or paragraph (f) ".

In sub-section (2), fov. " Federal Assembly, and thereafter to the Council of State, and either Chamber " substitute " Fedoial Legislature which " and omit the proviso.

Omit sub-seotion (3).

Section

Adaptations

]n sub-sectoin (1), for " Chambers" substitute 35

" Legislature " and omit the proviso.

In sub-section (2), for " both Chambeis " substitute " the Legislature ".

To fiub-sc otion (3), add : —

" Provided that expenditure from the said revenues during the period beginning with the 15th day of August 1947 and ending with the 31st day of March 1948 may be authorised or ratified by general or special ordor of the Governor-Geneial ".

36 Omit " both Chambers of ".

37 In sub-section (1), omit all words after '' Governor' General ".

In sub-section (3), for " either Chamber " substitute " the Federal Legislature " and for " that Chantbor " substitute " the Legislature ".

In sub-section (1), omit " Each Chamber of " and the 38

proviso.

Omit sub-sections (2) and (4).

In sub-section (3), after " with respect to " insert " the Legislative Assembly of " and for "Gover- nor-General " substitute " President of that Legislature ".

Orai*\

39

40 Omit sub-section (2).

42 For this section substitute :•—

"42. Power of Governor-General to promulgate ordinances in cases of emergency.~(1) The Governor- General may, in cases of emergency, make and pro- mulgate ordinances for the peace and good govern- ment of Pakistan or any pait thereof, and any or- dinance so made shall havo the like force of law as an Act passed by the Federal Legislature ; but the power of making ordinances under this aeotion i"

Section

Adaptationa

subject to the like restrictions as the power of the Federal Legislature to make laws ; and any ordinance made under this seotion may be controlled or superseded by any suoh Aot.

(2) Notwithstanding any restrictions imposed by the preceding sub-seotion. an ordinanoe made under this section may authorise expenditure from the revenuos of the Federation."

Omit.

43 to 45

For sub-seotion (1) substitute : -

46

•

" (1) The following shall be Governor's Pro- vinces, that is to say, East Bengal, West Punjab, the Noith-West Frontier Province, Sind, and suoh. other Governor's Provinces as may be oreatedi under this Act ". Omit sub-section (2).

Omit.

47

For sub-section (1) substitute : -

48

" (1) The Governor of a Province holding offioo as from the date of the establishment of the Federation is appointed by His Majesty by a com- mission under the Royal Sign Manual; but any person appointed thereafter to he the Governor of a Province shall be appointed by the Governor- General. ".

In sub-section (1) omit " on behalf of His Majesty".

49

For this section substitute :—•

60

" 50. Council of Ministers.—

council of ministers to aid and advise the Governor in the exeroise of his functions."

Seotion

Adaptations

For sub-flection (5), substitute :—

51

" (5) In the exercise of his functions under this section with respect to the choosing and summon ing and the dismissal of ministers the Governor shall be under the general control of, and comply with such particular directions, if any, as may from time to time he give n to him by, the Governor-General. "

Omit,

62-54

Omit sub-section (4).

65

Omit.

56-58

In sub-seotion (3), omit all words after " said busi- 59

ness ".

In sub-section (4), omit all words after "so trans-- mitted ".

Omit 8ub-Feotions (4) and (5).

For this section substitute :—

60

Constitution of Provincial Legislatures :—

"60.

There shall for every Provinco be a Provincial' Legislature which ph.all consist of His Majesty, represented by the Governor, and one Chamber which shall bo known as the Legislative Assembly."

61 In sub-section (1) for "Chamber or Chambers of the Legislature" substitute "Legislative As- sembly".

Omit sub-soction (3).

62 In sub-Bection (1), for "Chamber or Chambers of each Provincial Legislature" substitute "Legislative Assembly of each Province."

In sub-sef:tion (2), omit " or either Chamber" and "Chamber or", and for "Chambers" substitute "Legislative Assembly." Omit sub-section (3).

Section

Adaptations

In sub-section (1), omit from " or, in the oase " to 6

" assembled together ".

In sub-soction (2) foi' " Chamber or Chambers of the Provincial Legislature" substitute "Legislative Assombly ", and for "a Chamber to whom any message* is so sent " substitute "the Assembly". Omit from " or, in tho caso of" to "of the Chambers".

64

Omit'sub-sootion (5).

65

Omit " or President ".

66

In sub-section (1), for " a Chamber, or a joint sit- ting of two Chambers of a Provincial Legislature" substitute " a Provincial Legislative Assembly ". In sub-soction (2), for " Chamber of a Provincial Legislature" substitute "Provincial Legislative Assembly ".

la s.i b-action (3) omit frum "or if at any time" to " tea members are present ", and o.nit " o:¹ as the case may bo at least ten members".

07 For the worda from "that one" substitute " the form set out in that behalf in the Fourth Schedule to this Act".

Omit sub-sections (1) and (2).

68

In sub-seotioiis (3) and (4) for " a Chamber " substi- tute " a Provincial Legislative Assembly ", and. for " the.Chambor " substitute " the Assembly ".

69 For " India " substitute " Pakistan ". In sub-section (1) omit "or Legislative Counoil". In paiagraph (e) of sub-aootion (1), omit "whether before or after the commenoemont of this Part of this Act" and for "by a court in British India or in a State which is a Federatod State" substitute "before the date of the establishment of the Fede- ration by a court in British India, or on or after that date bv a court in Pakistan".

Seotion

Adaptations

Xu sub-sootion (2) for "Chamber of a Provincial Legislature" svhstitute "Provincial Legislative Assombly".

Tn sub-section (3) for "Chamber" substitute "Pro- vincial Legislative Assembly".

70 Omit "or Legislative Council".

In sub-section (1) for "Chamber of such a Legislature*' 71

substitute "Provincial Legislative Assembly", In sub-seotion (2), for "Chambor of a Provinoial Legislature" substitute "Provincial Legislative Assembly" and for the words from "commence- ment" to "Province" substitute "establishments of the Federation enjoyed by members of that Assembly, or in tho oase of East Bengal and West Punjab, by members of the Provincial ' gislative Assemblies of Bengal and the Punjab, respect- ively".

In sub-soction (3), for "a Chamber thereof or both Chambers sitting together" substitute "tho Legis- laturo".

In sub-section (4), for "Chamber" substitute "Legis- lative Assembly" and for "India" substitute "Pakistan".

72 Omit "and Legislative Councils" and all words after [*\ "Legislature", and add the following proviso :— p "Provided that until other provision is so made, members of tho Legislative Assemblies of East Bengal and West Punjab shall be entitled to receive salaries and allowances nt such rates and upon suoh conditions as wero immediately before the establish- ment of tho "Federation applicable in the ease of members <">f the Legislative Assemblies of Bengal and tho Punjab, respectively/'

Omit sub-sections (1) and (3).

la sub-section (2) for "Chamber or Chambers thereof" substitute "Legislative Assembly".

'In snb-section (4) omit from "or which" to "Council".

Section

Adaptations

Omit.

74

75 Omit from "or in the case of" to "Legislature". In the proviso for "Chamber or Chambers" substi- tute "Legislative Assembly".

7<> In sub-section (1) omit "or that he reserves the Bill for tho Bipnification of His Majesty's pleasure thereon'*, for "Chambor or as the case may be the Chambers of tho Provincial Legislature" substi- tute "Provincial Legislative Assembly", and foi "Chamber or Chambers" substitute "Assembly'¹. Omit sub-section (2).

77 Omit.

78 In sub-section (1) for "Chamber or Chambers of the Legislature" substitute "Legislative Assembly". In sub-section (2) omit all words after "from other expenditure".

In paragraph (a) of sub-section (3) for "required to. be made by Order in Council" substitute "made by or under the Third Schedule to this Act".

Omit sub-section (4).

79 For "Legislature" substitute "Assembly".

80 In sub-eoction (1) for "Chamber or Chambers" substi- tute "Assembly", and omit the proviso.

In sub-section (2) for "Legislature" substitute "Assembly",

To sub-section (3), add :—

"Provided that expenditure from the revenues of the Provinoe of East Bengal or West Punjab during the period beginning with the fifteenth day of August 1947 and ending with the 31st day of March 1948 may be authorised or ratified by general or special order^of the Governor".

81 For "Chamber or Chambers" substitute "Assembly"

Section Adaptation

82 In sub-section (1) omit all words after "Governor " In subseotion (3) for "a Chamber of the Legislature" substitute "Legialativo Assembly" and for "that Chamber" substitute "the Assembly".

Omit.

83

84 In aub-section (1) for "Chamber of a Provincial Legis- lature" substitute "Provincial Legislative Assem- bly", and omit tho proviso.

Omit sub-sections (2) and (4).

For sub-section (3) substitute :—

"(3) Until rules are made under this section the rules of procedure and standing orders in force immediately before the establishment of tho Fede- ration with respect to the Legislative Assemblies of Bengal and the Punjab, respectively, shall have effect in relation to the Legislative Assemblies of East Bengal and West Punjab, subject to such modifications and adaptations as may be made therein by tho Speakers of those Assemblies."

Omit.

85

Omit sub-section (2).

86

For the proviso to sub-section (1) substitute :--

88

"Provided that the Governor shall not, without instructions from tho Governor-Genera], promulgate any such ordinance if an Act of the Provincial Legis- lature containing the same pro visions would under this Act have been invalid unless, having been re- served for the consideration of the Governor- General, it had received assent of the Govo.mor- General".

In sub-section (2) omit paragraph (b).

89—yo Omit.