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REGISTERED No. L. 3131

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, THURSDAY, AUGUST 14, 1947

GOVERNMENT OF INDIA SECRETARIAT OF THE GOVERNOR-GENERAL (REFORMS)

NOTIFICATION New Delhi, the 14th August, 1947

No. G. G. O. 13.—The following Order made by the Governor- General is published for general information :—

THE INDIAN INDEPENDENCE (MISCELLANEOUS TRANSITIONAL PROVISIONS) 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 Indian Independence (Miscellaneous Transitional Provisions) Order, 1947.

(2) It shall come into force at once. 2. (1) In this Order,—

'appointed day' means the fifteenth day of August, 1947; 'Dominions' means the Dominions of India and Pakistan; 'India' means the Dominion of India ; 'Pakistan' means the Dominion of Pakistan; 'Province' includes a Chief Commissioner's Province; 'transitional period' means the period beginning on the 15th August, 1947, and ending on the 31st March, 1948. (2) The Interpretation Act, 1889, shall apply for the interpre- tation of this Order as it applies for the interpretation of an Act of Parliament.

3. (1) Each of the Acts mentioned in paragraph (2) of this Article, as it applies to either of the Dominions during the transi- tional period, shall have effect as if it extends to both the Dominions, and accordingly during that period, references to "India'' in each of the said Acts as it applies to India shall be

( 831 )

construed as including ;i reference to all the Provinces of Pakistan and references to "Pakistan" in each of the said Acts as it applies lo Pakistan shall he construed as including a reference to all the Provinces of India.

(2) The Acts referred to in paragraph (1) of this Article are : —

(i) The Motor Vehicles Act, 1939 (TV of 1939); (ii) The Indian Tea Control Act, 3938 (VITI of 1938); (iii) The Indian Tea Cess Act, 1903 (IX ot 1903), ("LV^ The Trade Marks Act, 1940 (V of 1940).

4. Without prejudice to the generality of the provision con- tained in Article 3 in respect of the Motor Vehicles Act, 1939,—

fa) the. extent of validity of any licence, certificate of regis- trntion or permit issued before the appointed day under the provisions of the said Act shall continue to be the same during the transitional period;

(b) any licence issued during the transitional period under the provisions of the said Act as it applies to either of the Dominions shall during that period be effective throughout both Ihe Dominions;

(c) mry motor vehicle registered during the transitional period in accordance with the provisions of the said Act as it applies to either of the Dominions shall not during that period require to be registered in any Province of the other Dominion, and the certificate of registration in respect of any such vehicle shall during that period be effective throughout both the Dominions,

5. Without prejudice to the generality of the provisions con- tained in Article 3 in respect of the[ndian Tea Control Act. 1938, and the Indian Tea Cess Act, WQW—

(a) the Indian Tea Licensing Committee and the Indian Tea Market Expansion Board constituted tinder the said Acts and in existence immediately before the appointed day shall be deemed to have been consti- tuted under the appropriate Act as it applies to either of the Dominions on the appointed day, and the said Committee and the said Board shall accord- ingly be competent to exercise the powers, and perform the duties, conferred or imposed on the Committee or the Board as the case may be by or under the appropriate Act in either of the Domi- nions ;

(b) all powers and functions of the Central Government under each of the said Acts as it applies to Pakistan shall be exercised by the Central Government of India on behalf of the Central Government of Pakistan.

6. Without prejudice to the generality of the provisions con- tained in Article 3 in respect of the Trade Marks Act. J940.—

(a) the Trade Mark Registry and the Branch thereof established, and the Registrar and Deputy Regist- rars of Trade Marks appointed, by or under the said Act, as in force immediately before the appointed day shall be deemed to have been established or as the case may be appointed, by or under that Act as it applies to cither of the said Dominions on the appointed day and the said officers shall accordingly be competent to exercise the powers, and perform the duties conferred or imposed on the Registrar and Deputy Registrars respectively of Trade Marks by or under that Act in either of the Dominions; (b) all powers and functions of the Centra] Government under the said Act as it applies to Pakistan shall be exercised by the Central Government of India on behalf of the Central Government of Pakistan.

7. The provisions of this Order shall have effect notwithstand- ing anything to the contrary contained in the India (Adaptation of Existing Indian Laws) Order, 1947, or in the Pakistan (Adapt- ation of Existing Pakistan Laws) Order, 1947.

MOUNTBATTEN OF BUEMA,

Governor-General.

K. V. K. SUNDAEAM, Officer on Special Duly.

SECRETARIAT OF THE GOVEBNOR-GENERAL(REFORMS)

NOTIFICATION

New Delhi, the Hth August 1947.

No. G.G.0.14.—The following Order mado by the Govornor-General is publinhtd for general information :—

THE INDIA (PROVISIONAL CONSTITUTION)

ORDER, 1847

WHEEEAS by sub-section (2) of-section 8 of the Indian Independence Act, 1847 (hereafter in the recitals to this Order referred to as the &aid Act), it is provided that except in so far as other provision is made by or in accordance with a law made by the Constituent Assembly of the Dominion under sub-section (!) of the said section, each of the new Dominions and all ProvinctB and other parts thereof shall be governed as nearly as may te in accordance with the provisions of the Government of India Act, 1935, and that the provisions of that Act shall, so far as applicable and subject tQ any express pro- visions of the said Act and with such omissions, additions, adaptations and modifications as may be specified in orders of the Governor-General under the next succeeding section of the said Aot, have effect accordingly ;

ABU WHEBEAS by paragraph (c) of sub-section (1) of section 9 of the said Act it is provided that the Governor-General shall by order make such provision as appears to him to be necessary or expedient for making omissions from, additions to, and adaptations and, modifications of, the Government of India Act, 1935, in its application to the separate new Domi- nions ;

AND WHEBEAS by sub-section (4) of section 19 of the said Aot it is provided that in the- said Act, except so far as the context otherwise requires, references to the Government of India Act, 1935, include references to any enaotments amonding or supplementing that Act and in particular references to the India (Central Government and Legislature) Act, 1946 ;

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

1. (1) This Order may be cited as the India (Provisional Constitution) Order, 1947.

42) It shall come into force on the fifteenth day of August 1947, whicTr-eUby4g hereinafter referred to as " the appointed day".

2. (1) In this Order •' India " meeais the Dominion of of India.

(2) Where a provision of the Government of India Act, 1935, has been amended before the appointed day, a reforenoe to that provision in tho Schedule to this Order shall be read as referring to the provision as in force immediately bofore the appointed day.

(3) The Interpretation Act, 1880, applies for the inter- pretation of this Order as it applies for tho interpretation of an Aot of Parliament.

3. (') A-³ from the appointed day, the Government of India Act, 1935, including the provisions of that Aot which have not come into force beforo tho appointed day, and the India (Contral Government and legislature) Act, 1946, shall, until other provision is made by or in accordance with a law made by the Constituent Assombly of India, apply to India with" the omissions, additions, adaptations and modifications direoted in the following provisions of this paragraph and in the Schedule to this Order.

(2) The following expressions shall be omitted wher- ever they occur, namely, " in his disorotion ", " acting in his •discretion " and " exercising his individual judgment ".

(3) For oaoh expression specified in the first column of the following Table, wherever that expression ooours, there shall be substituted the expression specified in the corres- ponding entry in the sooond column of the Table.

TABLE

existing Indian law

existing Indian Act

Federation .

Federal Government

Fedoral law

Federal Legislature

Federated .

a Federated

existing law

existing law

Dominion

Dominion Government

Dominion law

Dominion Legislature

Acceding

an Acceding

4. Where tho Schedule to this Order requires that m any specified provision certain words shall bo substituted for certain other words or that certain words shall bo omitted, that substi- tution or omission, as the case may be, shall, unless otherwise expressly provided, bo made wherever the words referred to appear in that provision.

5. Where any instrument is in foroe undei any provision of the Government of India Act, 1935, immediately before the appointed da^, and that provision remains in force, whether with or without modifications, on and after the appointed day, the said instrumeni shall, so far as applicable and with any necessary modifications, remain in force as from that day as if it were an instrument of the appropriate kind duly made by the appropriate authority under tho said provision as in foroe after that day, and may be varied or revoked accordingly.

6. Where any law made by the Governor of a Provinoe }jy virtue of section 93 of the Government of India Act, 1935, is in force immediately before the appointed day, the said law, notwithstanding that the said section is directed to be omitted in the Schedule to this Order or that by reason of such omission a Proclamation under the said section ceases to have offeot, shall remain in forco for the period for which it would have remained in force if the said section had been at all material times in operation.

7. (1) Subjeot to any general or special orders or arrange- ments affecting his case, any person who immediately befor© the appointed day is holding any civil post under the Crown in connection with the affairs of the Governor-General or Gov- ernor-General in Council or of a Provinco other than "Bengal or the Punjab shall, as from that day, be deemed to have been duly appointed to the corresponding post under the Crown in connection -with the affairs of the Dominion of India or, as the case may be, of the Province.

(2) Notwithstanding that section 170 of the Government of India Act, 1935, is directed to be omitted in tho Schedule to this Order, tho person holding the office of the Auditor of Indian Homo 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 exeicise suob. powers, in relation to transactions in the United Kingdom affecting the revenues of India or of any Provinco thereof as he was before tho appointed day performing or exercising under the provisions of the said section 170.

THE SCHEDULE

1 .- The Government of India Act, 1935.

Section

Adaptations

2 3

Omit. For this section substitute :— " 3. The Governor General.— The Governor- General of India is appointed by His Majesty by a Commission under the- Royal Sign Manual. "

4 5

Omit. For this section substitute : - " 5. Establishment of the Dominion.—(1) The Dominion of India established by the Indian Indopendenoe Aot, 1947, shall as from the fifteenth day of August, 1047, be a Union comprising—

(a) the Provinces hereinafter called Governors' Provinces,

(b) the Provinces hereinafter called Chief Com- missioners' Provinces,

(c) the Indian States acceding to the Dominion in the manner hereinafter provided, and (d) any other areas that may with the consent of the Dominion be included in the Dominion.

(2) The .said Dominion of India is hereafter in this Act referred to as " the Dominion " and the said fifteenth day of August is hereafter in thin Act referred to as " the date of the establishment of the Domi- nion ".

0

For this section substitute :— " 6. Accession of Indian States.—(]) An I n-

dian State shall be deemed to have acceded to the Dominion if the Governor-General has signified his acceptance of an Instrument of Accession executed by the Ruler thereof where- by the Ruler on behalf of the State :—

(a) declares that he accedes to the Do- minion with the intent that the Governor-Genera], tho Dominion

Section Adaptations

Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of his Instrument of Accession, but subjeot always to tho terms thoreof, anrt for the purposes only of the Domi- nion, e\eroise in relation to the State such functions as may be vested in them by order under this Act ; and

(6) assumes the obligation of ensuring that duo offoot is given within the State to the provisions of this Act so far as they are applicable therein by virtue of the Instrument of Accession.

(2) An Instrument of Accession shall specify the matters which the Rulef accopts as matters with respect to wliich tho Dominion Legislature may make laws for the State, and the limit- ations, if any, to which the power of tho Do- minion Legislature to make laws for the State, and the exercise of tho executive authority of the Dominion in tho State, are respective y to be subjeot.

(3) A Ruler may, by a supplementary Instru- ment executed by him and accepted by the Governor-(_4onoral, vary the Instrument of Accession of his State by extending the func- tions wliich by virtue of that Instrument are exeroisable by any Dominion authority in relation to his State.

(4) References in this Aot to the Rulor of a State include references to any persons for the time being exercising the powers of tho Ituler of the State, whether by reason of the Ruler's minoiity or for any other reason.

Adaptations

Section

(5) In this Act a State which has acceded to the Dominion ia referred to as an Acceding State and the Instrument by virtue of which a State lias so acceded, construed together with any supplementary Instrument executed under this section, is referred to a* the Instrument of Accession of that Stato.

(6) As soon as may be after any Instrument of Accession or supplementary Instrument has been accepted by the Governor-General under this section, copies of the Instrument and of the Govern or-General's acceptance thereof shall Tie laid before the Dominion Legislature, and all courts shall take judicial notice of every such Instrument and acceptance. "

7 In sub-section (2), omit all words after " by or under this Act.

8 In sub-section (]), for paragraphs (a), (b) and (c), .substitute " to the matters with respect to which the Dominion Legislature has power to make laws, including the exereiso of rights, authority and jurisdiction in and in relation to areas outside the Dominion ", and in the proviso omit paragraphs (Hi) and (iv).

9 For this section substitute :—

" 9. Council of ministers. There shall be a council of miuisters to aid and advise the Governor-General in the exercise of his functions ".

10

In sub-section (2), orait " cither Chamber of". Omit sub-section (5).

11 to 15

16

Omit. In sub-section (2), for tL British India " substitute " any Governor's or Chief Commissioner's Province " and for " federal intorests " sub- stitute " Dominion interest ". Omit sub- section (4).

Section

Adaptations

In subjection (3) omit all words after " the aaid 17

busmeSH

Omit sub-sections (4) and (5).

IS

For this section substitute :~ • " 18. Constitution of the Dominion Legis- lature.—The powers of the "Dominion Legis- lature under this Act Filial 1, until other provi- sion is made by or in accordance with a law made by the Constituent Assembly under sub- section (1) of section 8 of the Indian Indepen- dence Act, 1947, bo exeroisablc by that Assembly, and accordingly references in this Act to the Dominion Legislature shall be construed as references to the Constituent Assembly n\

lt>

In sub-section (1), omit "The Chambers of "„ In sub-section (2), for " the Chambers " sub- stitute " the Dominion Legislature ", omit " or either Chamber "\ and omit paragraph (o).

Omit sub-section (U).

20

In sub-section (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 " the Legislature ".

21

Omit " every counsellor '\ For " either Chamber, any joint sitting of the Chambers and any committee of the Legis- lature " substitute " the Dominion Legislature- or on}' committee thereof".

22

Omit sub-sections (1), (2), (',)) and (15). In sub-section (4) for " and 1 lie Deputy President of the Council of State¹¹ substitute " oi the Dominion Legislature ", for " salaries " substi- tute " salary ", and omit " respectively ".

Adaptations

Section

23

Omit !t ur Speaker ". Iti sub-section (1), for " or joint sitting of the Chambers -¹ substitute tL of the Dominion Legis- lature

28

29

30

31

32

Adaptations

Section

33 In sub-section (1) omit " both Chambers of". In sub-section (2) omit all the words after " from

other expenditure '.

In sub-section (3).-—

(*) in paragraph (a) for " required to be made by Order in Council " substitute " made by or under the Third Schedule to thia Act " ;

(ii) for paragraph (c) substitute—

" (c) the salaries and allowances of minis- ters, of the advocate-general, and of chief commissioners " ;

(Hi) omit paragraphs (e), (f) and (g).

Omit sub-section (4). In sub-section (1) omit "either Chamber of" 34

and " or paragraph (f) ".

In sub-section (2) for " Federal Assembly, and thereafter to the Council of State, and either Chamber " substitute " Dominion Legislature which ", and omit the proviso.

Omit sub-soction (3).

In sub-section (1) for " Chambers " substitute 35

" Legislature " and omit the proviso.

In sub-section (2) for " both Chambers " substi-

tute " the Legislature ". To sub-section (3), add :•—

" Provided that expenditure from the said reve- nues during the period beginning with the 15th day of August 1947 and endi lg with the 3pst day of March 1948 may be authorised or rati- fied by general or special order of the Govornor- General ".

Omit " both Chambers of ".

30

37 In sub-section (1) omit all words after " Governor-

Cencral ".

In sub-section (3) for " either Chamber " substi- tute " the Dominion Legislature" and for " that Chamber " substitute " the Legia- lature ".

Adaptations

Section

38 In sub-section (1), omit " Each Chamber of " and

the proviso.

Omit sub-sections (2) and (4). In sub-section (3) after " with resjiect to " insert " the Legislative Assembly of " and for " Governor-General " substitute " President of that Legislature ".

39 Omit.

40

x 42

Omit sub-section (2). For this section substitute :— " 4 2. Power of Governor-General to promulgate ordinances in cases of emergency.—The Gover- nor-General may, in cases of emergency, make and promulgate Ordinances for the peace and good government of the Dominion or any part there of, and any Ordinance so made shall, for the space of not more than six months from its promulgation have the like force of law as an< Act passed by the Dominion Legislature ; but the power of making Ordinances under this section is subject to the like restrictions as the power of the Dominion Legislature under this Act to make laws ; and any Ordinance made under this section may be controlled or super- seded by any such Act ".

Omit.

43-45

46 In sub-section (1) for the words from " Bengal ⁵> to " Sind " substitute " West Bengal, the United Provinces, East Punjab, Bihar, the Central Provinces and Bcrar, Assam and Orissa ".

Omit sub-section (2).

47 For this section substitute :— "47. Provisions as to Berar.—Berar shall conti- nue to be governed together with the Cen- tral Provinces as one Governor's Province un- der this Act by the name of the Central Provin- ces and Berar and in the same manner as im- mediately before the establishment of the

Section

Adaptations

48

Dominion ; and any references in this Act to tlie Dominion of India shall bo construed as in* eluding a reference to Berar ". For sub-section (1) substitute :— '" (1) The (4ovomor of a Province holding office as from tho date of the establishment of the Dominion is appointed by His Majesty by a Commission under tho .Royal Sign Manual ; but any perbon appuiuted thereafter to be the Governor of a Province shall be appointed by the (lOvcrnor-Glenera]."

50 For this¹ seotion substitute :— •' 50. Council of ministers.—There shall be a council of ministers to aid and advise the (iovcrnor iu the exercise of his functions ".

Omit Hub-section (5). Omit.

51 52-54 55

"iO-SN

59

Omit Hub-Hpction (4). Omit. In sub section (,'{) omit all words after " said

buHinobS ".

60

Omit sub-sections (4) and (5). in sub-section (1) for " Bongal, the United Provinces, Bihar and Asstra " substitute "• the United Provinces and Bihar ".

Omit sub-wection (3).

H2

67

For the words from " that one " to the end sub- stitute "the form set out in that behalf in the Fourth Schedule to this Act ".

08

Omit sub-section (2).

69

In sub-section (1), in paragraph (e), omit "whether before or after the commencement of this part of this Act ", and for " by a court in British India or in a State which is a Federated State " substitute "before the date of the establishment of the Dominion by a court in British India, or on or after that date by a court in a Gover- nor's or Chief Commissioner's Province"or-am acceding State ", and in paragraph (f) for " Federal " substitute "Dominion Legislature"

Section

Adaptations

71

In Hub-section (2) for the words from " comrnence- inrat of this Part " to u Province " substitute ww establishment of the Dominion enjoyed by members of that Chamber, or in the oase of West Bengal and East Punjab, by members of the Provincial Legislative Assemblies of Bengal cud th" Pur; jab, respectively ".

12

Omit all words after ".Legislature ", and add tlie following proviso :•—

" Provided that until other provision is so made members of the Legislative Assemblies of West Bengal and East Punjab shall be entitled to reroive salaries and allowances at such rates and upon such conditions as were immediately before the establishment of the Dominion applicable in the cane of members of tho Legis- lative Assemblies of Bengal and the Punjab, respectively ".

74

In sub-section (2) omit "or affects the discharge of any of his special responsibilities " and the last sei I tence.

76

In sub-section (1) < mit " or that he reserves the Bill for the signification of His Majesty'" pleasure thereon ".

Omit sub-section (2).

77

Omit.

78

In sub-section (2) omit all words after " from other expenditure ".

In paragraph (a) of sub-section (3) for " required to be made by Ordor in Council " substitute " made by or under the Third Schedule to this Aot".-

Onait sub-soetion (4).

Section

Adaptations*

80

Omit the proviso to sub-section (1).

To sub-section (3), add :— " Provided that expenditure from the rovonues of the Province of West Bengal or East Punjab during the poriod beginning with the 15th day of August 1947 and onding with the 31st day of March 1948 may be authorised or ratified by genera] or special order of the Governor ".

83

Omit.

84

In sub-section (1) omit the proviso. In sub-section (2) omit the last sentence. 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 the Dominion with respect to the Legis- lative Assemblies of Bengal and the Punjab, respectively, ah all have effect in relation to the Legislative Assemblies of West Bengal and East Punjab, subject to such modifications and adaptations as may be made therein by the Speakers of those Assemblies ".

85

Omit.

86

Omit sub-section (2).

88

For the Proviso to sub-soction (1) substitute :— " Provided that the Governor shall not, without instructions from the Governor-General, pro- mulgate any such ordinance if an Act of the Provincial Legislature containing the same provisions would under this Aot have been invalid unless, having been reserved for the consideration of the Govern or-General, it had received assent of the Governor-General ",

In sub-section (2) omit paragraph (&).

Omit.

89,90

Adaptations

Section

91

For this section substitute :— "91. Excluded areas and partially excluded areas.—In thi" Act, the expressions " excluded area " and " partially excluded area " mean respectively fmoh areas as were exoluded or partially excluded areas immediately before the establishment of the Dominion ".

92

In sub-section (2) omit all words after " shall have no effect ".

93 94

96 96

Omit sub-section (3). Omit. In sub-section (1) omit " British Baluohiatan ". Omit sub-seotion (2). Omit. For this sootion substitute :— " 9 6. The Andaman and Nicobar Islands, -The Governor-General may make regulations for the poaoe and good government of the Andaman and Nioobar Islands, and any regu- lations so made may repeal or amend any Act of the Dominion Legislature or any existing law which is for the time being applioable to the Province, and, when promidgated by the Governor-General, shall have the same force and effect as an Act of the Dominion Legis- lature which applies to the Province ".

97

For " His Majesty in Council" substitute " or in accordance with a law made by the Consti- tuent Assembly under¹ sub-section (1) of seotion 8 of the Indian Independence Act, 1947 ".

98

Omit.

90

In sub-seotion (1) for "for the whole or any part of British India or for any Federated State" substitute "(including laws having extra terri- torial operation) for the whole or any part of the Dominion.

Omit sub-seotion (2).

Section

Adaptations

102

For sub-section (3) substitute :—

"(3) A Proclamation of Emergency may be revoked by a subsequent Proclamation".

104 105

Omit sub-section (2). Omit.

107

In sub-section (2) omit "or for the signification of His Majesty's pleasure", and "or of His Majesty".

Omit.

108 109

In sub-section (2), in paragraph (a) for "by the Governor-General or by Hie Majesty" substi- tute "or by the Govomor-General", and in paragraph (b) for "either by the Governor- General or by His Majesty substitute "by the Governor-General".

110-121

123 126

Omit. Omit. In the proviso to subsection (2) omit "either

Chamber of".

Omit sub-section (4). In sub-section (5) for the words from " Without prejudice" to "Governor of" substitute "The Executive Authority of the Dominion shall also extend to the giving of directions to".

126A

120

In paragraph (a) omit all words after "exercised". In sub-section (4) for "the Governor-General in his discretion" substitute " an arbitrator appointed by the Chief Justioe of India". In sub-seotion (5) omit all words after "any part

thereof".

131 Omit the proviso to sub-sections (5) and (7), the words " His Majesty in Council or ", and .sub- section (9).

134 For "the Ruler whereof" substitute " unless the Ruler thereof", and lor "are not to apply " substitute "are to apply".

THE GAZETTE OP INDIA EXTKAO.KD1NA11Y, AUG. 14, 1947 849

Adaptations

^Section

135 Omit "His Majesty upon consideration of repre-

sentations iulfbvNscd to him by ".

For "Hits Mnjestv in Coum-iF¹ substitute "the

Govcrnoj '-General".

136

138

Omit "and subject to the provisions of this Aot with respect to the Federal Railway Authority". For "Federal" substitute "Dominion"; and for "subsequent Order in Council" substitute "Order of the Governor-General".

In sub-section (1) for "one per cent., or such

other" substitute "such".

In sub-.section (4) for "His Majesty in Counoil" substitute "Order of the Governor-General", and omit "or of the Fodera] Railway Autho- rity".

Omit.

139 140

142

In sub-section (2) for "one half or such greater proportion as His Majesty in Council may determine" substitute "such proportion as the Governor-General may by order determine". For "His Majesty in Council" substitute "Order of tho Governor-General", for "His Majesty" substitute "the Governor-General", and omit the proviso.

Aftor sub-section (1) insert :—

143

"(1A) Nothing in the foregoing provisions of this Chapter authorises the levy of any duty or tax by the Dominion in any acceding State unless provision in that behalf is made in the Instrument of Accession of that State".

Omit. For "India" substitute "the Dominion". Omit sub-section (2). Omit. Omit "either Chamber of". Omit "the Federal Railway Authority or" and

145-149 150 151 152 153 154A

"that authority or".

860 THE GAZETTE OF INDIA EXTKAORDINARY, AUG. 14, 1947

Seotion

Adaptations

In sub-section (1), for "British India" substitute 155

"India".

Omit.

157-161

162 Omit "Subjeot to the provisions of Part XIII of this Aot with respeot to borrowing in sterling".

163 In sub-section (4), for "the Governor-General and the deoision of the Governor-General in his discretion shall' be final" substitute "an arbi- trator appointed by the Chief Justice of India, whose decision shall be final."

Omit.

165

166 In sub-section (2), for "His Majesty in Counoil" substitute "Order of the Governor-General". In sub-section (3), for "His Majesty in Council"

substitute "the Governor-General".

167 In sub-section (1), for "His Majesty" substitute "the Governor" and omit "after the expiration of two years from the commencement of Part III of this Act".

In paragraph (6) of sub-section (2), for "sub- section (3)" substitute "sub-sections (2) and (3)"

170-173 Omit.

In sub-section (1), omit the proviso.

175

In sub-seotion (2), omit "or of the exercise of the funotions of the Crown in its relations with the Indian States".

In sub-section (3), omit "Subject to the provi- sions of this Aot with respeot to the Federal Railway Authority".

176 177

178

Omit sub-section (2). Omit. Omit all sub-seotions except sub-section (3)- In sub-section (3), after "this Aot" insert "and

of the Indian Independence Aot, 1947".

Adaptations

Seotion

179-199 200

Omit. In sub-section (1) for " as His Majesty " substi- tute " as the Governor-General " and for " an address has been presented by the Federal Legislature to the Governor-General for sub- mission to His Majesty praying for " substitute " a resolution is passed by the Dominion Legis- lature approving ".

In subsection (2), for " His Majesty* by warrant under the Royal Sign Manual " sub- stitute " order of the Governor-General " and in paragraph (6) of the proviso omit " by His Majesty " where those words occur

for the second time.

In sub-section (3), omit " in British India or in a Federated State " and paragraph (i) of the proviso.

Add the following to sub-section (3) :— " In this sub-section the expression ' High Court' includes a High Court in an acceding State and any Court which was a High Court in British India ".

201 For "His Majesty in Council" substitute "th*

Governor-General''.

202 In sub-section (1), for " appointed by His Ma- jesty " substitute " permanently appointed " and for " for the purpose " substitute " as acting Chief Justice ".

In sub-section (2), for w' appointed by His Majesty''

substitute " permanently appointed".

In paragraph (a) of the proviso to sub-seotion

204

( 1 ) .-

in sub-paragraph (*), after the word" there- under" insert "before the date of the establishment of the Dominion, or of an order made thereunder on or after that date, or the interpretation of the Indian Independence Aot, 1947, or of any order made thereunder" :

Adaptations

Section

for sub-paragraph (Hi) substitute :—

"(in) arises under an agreement between the State and the Dominion or a Provinoe, being an agreement which expressly provides that the said jurisdiction shall extend to such a dispute, and in the case of an agreement with a Province, has been made with the approval of the Governor-General".

205 In sub-soction (1), omit "in British India", and after "made thereunder" insert "before the date of the establishment of the Dominion or any order made thereunder on or after that date, or as to tohe interpretation of the Indian Independence Act, 1947, or of any order made thereunder¹'.

206

207

In sub-section (1), omit uin British India" and all words after "certificate as aforesaid". In sub-section (2), omit "in British India". In sub-soction (3), omit "either Chamber of". In sub-section (1), for "made thereunder or" substitute "made thereunder before the date of the establishment of the Dominion or an order made thereundor on or after that date, or conoerns the interpretation of the Indian Independence Act, 1947, or of an order made thereunder or concerns".

208 In paragraph (a), for "made thereunder, or'* substitute "made thereunder before the date of the establishment of the Dominion, or an order made thereunder on or after that date, or concerns the interpretation of the Indian Independence Act, 1947, or of an order made thereunder, or conoerns".

210 In sub-section (2), omit " as respeots British India and the Federated States" and "in British India", and for "British India or of any" substitute "a Governor's Province, Chief Commissioner's Provinoe or".

Adaptations

Section

212 For "British India" substitute "any Governor's Province or Chief Commissioner s Province", and for "thereunder" substitute "or order thereunder, or of the Indian Independence Act, 1947, or of any order thereunder".

216 217

Omit sub section (2). For "His Majesty" substitute "the Governor-

General".

Omit "in British India" and for "outside British

218

India" substitute "outside India".

For "British India" substitute "India". In

219

sub-section (1) for the words from "Lahore" to "and in Sind" substitute "Patna and Nagpur, the High Court of East Punjab, the Chief Court in Oudh," for "His Majesty in Council" substitute "an Act of the appropriate Legis- lature", and in the proviso for the words from "has been made" to "then, as from" substitute "is made by His Majesty by Letters Patent for the establishment of a High Court to replace any court or courts mentioned in thia sub-section, then, as from". Add the following sub-seotion :—

"(3) In this Chapter, "India means the territories comprised in the Governors' Provinces and Chief Commissioners' Pro- vinces, and does not include any Acceding State".

220 In sub-section (1), for " as His Majesty may " substitute L' as the Governor-General may " and for " HIM Majeaty in Council may fix " substitute " the Governor-General may by order fix".

In sub-section (2), for "His Majesty may by warrant under the Hoyal Sign Manual " sube# tituto "• the Govcrnor-Gonoral ", in paragraph (b) of tho proviso omit " by His Majesty " where those words occur for the second time, and in paragraph (c) omit " by His Majesty ".

Section

Adaptations

In sub-section (3), omit the proviso, and after " shall bo inoluded " insert ( and in computing the period during which a person has served as a judge of a High Court, or been a pleader of a High Court, or held judicial office in India, any period before the establishment of the Domi- nion during which the person has served as a judge or been a pleador of a High Court in British India or has held judicial office in India, as the case may be, shall be inoluded ".

221 For "His Majesty in Council" substitute "order

of the Governor-General".

222 In sub-section (1), for " appointed by His Majesty " substitute " permanently appointed " and for " for the purpose " substitute " as act- ing chief justioe".

In sub-section (2), for " appointed by His Majesty " substitute " permanently appoint- ed ".

223 After "any other Aot" insert "to the provisions of any order made under the Indian Inde- pendence Act, 1947", and for "commencement of Part III of this Act" substitute "establish- ment of the Dominion".

Omit sub-section (2).

228

230 In sub-seotion (1), for "His Majesty in Council" substitute "The Governor-General', for "extend" substitute " by order extend", and for "British India" substitute "India".

In sub-seotion (2), for "commencement of Part III of this Act" substitute "establishment of the Dominion".

In sub-seotion (2) omit "and expenses".

231

Omit.

232-239

Adaptations

Section

In sub-section (2), after "aforesaid" insert:—

240

"who having been appointed by the Seoretary of State or the Seoretary of State in Council continues after the establishment of the Dominion to serve under the Crown in India shall be dismissed from the service of His Majesty by any authority subordinate to the Governor- General or the Governor according as that person is serving in connection with the affairs of the Dominion or of a Pro- vince, and no other such person as aforesaid".

241 In sub-section (1), omit " after the commence- ment of Part III of this Act".

In sub-sections (2) to (5) omit "in India".

In sub-section (3), in paragraph (a), for "some person empowered by the Secretary of State to give directions in that respect" substitute "the Governor-General or the Governor as the case may be", and in paragraph (6), for "Seoretary of State or by some person em- powered by the Secretary of State to give directions in that respect" substitute "Governor- General or the Governor as the case may be'',

242 Omit sub-sections (]) and (2). In sub-seotion (3), after "to posts in the" insert "railway".

244-246 Omit.

247 For this section substitute :•— ' 247. Conditions of service of persons ori- ginally recruited by Secretary of State.—The conditions of service of all persons who, having been appointed by the Secretary of State or the Secretary of State in Council to a civil Horvice of the Crown in Tndia, continue on and

Adaptations

Seotion

after the date of the establishment of the Dominion to serve under the Government of the Dominion or of any Province, shall—

(a) as respects persons serving in connection with the affairs of the Dominion, be such as may be prescribed by rules made by the Governor-General ;

(6) as respects persons serving in connection

with the affairs of a Province—

(?) in regard to their pay, leave, pensions, general rights as medical attendance and any other matter which immediately before the establishment of the Dominion was regulated by rules made by the Secretary of State, bo such as may be prescribed by rules made by the Governor-General; and

(ii) in regard to any other matter, be such as may be prescribed by rules made by the Governor of the Province."

Omit.

248-252

253 In sub-seotion (1), for "Orders in Council" sub- stitute "orders of the Governor-General", and for "His Majesty" substitute "the Governor- General".

In sub-section (2) after "meaning of this Act"

insert "as originally enacted".

Omit sub-section (3).

257-259 Omit.

200

If or tho words from " commencement of Part III " to the end of the sub-sootion substitute " establishment of the Dominion shall, fif it would have been payable by the Government of any Province it the Indian Independence

Adaptations

Section

Act, 1947, had .not been passed, bo jmid out of llio revenues of that Province or, if that Province^ has ceased to exist, of such new Province as may he determined by orders made under.that Act, and in any other oase shall be paid out of the revenues ot the Doinimonjof India oi-jof Pakistan as may be so determined. "

201 262

Omit. Omit sub-sections (3) and (5). In paragraph (a) of the proviso to sub-soction (4) for "" is in the permanent -service of the Crown in India " substitute " was in the permanent service- of the Crown in India (within the mcvinin# of this Act as originally enacted) ".

265 266

In Fuli-section ( ]) o m it " in I n d i a ". In sub-section (3) omit '' The Secretary of State as respects services and posts to which ap- pointments are made by him ", and '" other " before " services and posts ".

In sub-seotion (4) for tho words from " tho various communities " to "in India" substitute " communities or in the case of the subordinate ranks of police foices".

267 2G9, 270 271

Omit all words after " Governor ". Omit. In aub- section (2), for 'L Indian (Jode of Criminal Procedure " substitute £t Code of Criminal Procedure, 1898 " and for " Indian Code of Ci\il Procedure " substitute " Code of Civil Prooodure, 1908 ", and omit " either chamber of".

Omit sub-seotion (2).

In sub-soction (3), for " Indian Code of Civil Procedure " substitute " Code of Civil Pro- cedure, 1908 ".

Adaptations

Section

Omit.

272-274

275 277

Omit paragraph (o). Omit sub-weetions (2) and (3).

Omit.

278-289

200

In sub-section (1) for " His Majesty may by Order in Council " substitute " the Governor- General may by Order ", and for the words from " before the draft " to '" Chamber or Chambers of the Legislature" substitute WL before making any such Order the Governor-General shall ascertain the views of the Government ".

For sub-section (2) substitute :—• " (2) An Order made under this sub-seotion may contain such provisions as the Governor- General may deem necessary or proper—

(ft) for varying the representation in the Dominion Legislature of-any Governor's Province the boundaries of which are altered by the Order ;

(b) for Varying the composition of the

Legislature of any such provinoe;

(c) where a new Governor's Province is created for constituting the Legislature thereof ;

(d) for apportionments and adjustments of and in respect of assets and liabilities ; and

(e) for other supplemental, incidental and

consequential matters. "

291

For " His Majesty in Council may from time to time make provision " substitute L' in relation to any Provincial Legislature, provision may be made by Act of that Legislature ".

Omit.

292 294

Omit gub-seotion (1).

295

THE GAZETTE OF INDIA EXTRAORDINARY, AUG. 14, 1047 8B9-

Seotion

Adaptations

296 In sub-section (1) for " British India " substitute " a Governor's or Chief Commissioner's Pro- vinoe ".

298 In sub-section (1) omit " British ". Omit sub-seotion (3).

299 In snb-sootion (1) omit " in British India ". In sub-seotion (3) omit " either Chamber of J\

Omit.

300

Omit.

302

In suh-soction (1) for " Bengal " substitute " West 303

Bengal ".

Omit sub-section (3).

Omit.

305A

306 In sub-section (1) for ""against the Governor of a Province, or against the Seoretary of State " substitute " or against the Governor of a Province", for "His Majesty in Council " sub- stitute " the Governor-General ", after " has been the Governor-General " insert " His Majesty's Representative for the exercise of the functions of the crown in its relations with Indian States ", and in the proviso for " a Province or the Seoretary of State " substitute " or a Province ".

Omit mib-soction (2).

Omit.

307-310

Omit sub-sections (1), (3), (4) and (5).

311

In sub-seotion (2)—

In the definition of ''corresponding Provinoe" for " His Majesty in Counoil " substitute "the Governor-General" ;

860 THE GAZETTE OF INL>I i TCXTEAORDINAEY, AUG, 14, 1947

Section

Adaptations

in the definition of " existing law ", for " oom- rnenoement of Part III of this Aot " aubstitute " establishment of the Dominion ", and after '' territories " insert " which were " ;

in the definition of " pension " omit " in

India, Burma or Aden " ;

iri the definition of " Indian State Railway *'

omit " the Federal Railway Authority ".

In snb-Rection (6) for "Federal" ubetitute " Dominion ", and omit " or a Governor- Oeneral's Aot " and " or a Governor's Aot ".

Omit.

312-320

THE GAZETTE OF INDTA EXrl KAOHDLNAKY, AUG. 14, 1047 861

Adaptations

Schedule

i First Schedule

Second Schedule

Omit. Omit.

Third Schedule In paragraph 1 omit till entries after the entry relating to the Governor-Genera I, and insert :—

"The Governor of a Province-. .66,000 rupees. Provided that the annual salary payable to any person who having been the Governor of a Province immediately before the 15th day of August, 1947, continues to be the Governor of that Province, shall be the same as before that date. "

In paragraph 2 for " fixed by His Majesty in Council " substitute " fixed, as respects the GOVOTIIOT-General l>y Act of the Do- minion Legislature, and as respects Governor by order of the Governor- Genera) ", and for " determined by His Majesty hi Council " substitute " so deter- mined ".

In paragraph 3 for L' Hifl Majesty in Council " substitute te such tvn Aot, or, aa the case may be, an order, as aforesaid ".

In paragraph 4 for " Order in Council " substitute ^ such an Act, or, as the case may be, an order, as aforesaid ".

In paragraph 5 for "appointed by His Majesty" substitute "appointed ", and for " His Majesty in Council" substitute " such an Aot, or, as the- case may be, an order as aforesaid ".

After paragraph 6 insert :— " 7. Until other pi ovision is made by Aot of the Dominion Legislature, the Governor- General shall be entitled to the same allowances and privileges as he was en- titled to immediately before the date of the establishment of the Dominion under the rules and orders then in foroe. "

862 THE GAZETTE OF INDIA EXTRAORDINARY, AUG. 14, 1947

Sohedule Adaptations

Fourth Schedule For the Forms substitute :—

L Form of oath or affirmation to be taken or made

by a member of a Legislature :—

" I, A.B., having been eleoted (or nominated or appointed) a member of this Council (or Assembly), do solemnly swear (or affirm) that I will bear true faith and allegiance to the Constitution of India as by law estab- lished, and that I will faithfully discharge the duty upon which I am about to enter."

2

Form of judicial oath or affirmation :—

" I, A. B-, having been appointed Chief Justice (or a judge) of the Court do solemnly swear or affirm) that I will bear true faith and allegianco to the Constitution of India as by law established a"nd that I will faithfully per- form the duties of my office to the beet of my ability, knowledgo and judgment."

In paragraph 4.—

Fifth Sohedule

in sub-paragraph (ii) for " ten oolunms " substitute " nine columns, ", and omit " (e) the European commu- nity.'¹ Omit the last sentence. In paragraph 5, for " His Majesty in Counoil may deem " substitute " the Governor - General may by order deolare ", and omit " (v) fof the election of peisons to fill the European seats, if any ".

In paragrgph 8, for "fifteen to nineteen "

substitute " fourteen to eighteen ".

Omit paragraph 11.

In paragraph 12, omit •' by a European ". In paragraph 14, for " fifth and sixth " substitute " and fifth ", omit " the Europ- ean community ", for " seventh " sub- stitute " sixth ", and for " eighth " substitute " seventh ".

T HF 1 J X J J IA i ] X T L ' A ( ) i ; J ) l N A i n, VUi 11,1947 80;)

Schedule Adaptation^

" 6

TABLE OF SEATS

t

P B O V U t t H AL L E G I S L A T T VB A S S B M B LT

f

o

T H B

s

,

s o b

s e v

Seats for Women

n

n

a

y

t

t

v

l t

s t

G e n e r al S e a ts

a

s e v

M

i t

g n

>

a

w

a

i t i

i t

t

-

i t

i t

A K

" p S

t t f

a

n

U

-

t

t i J e

8

S

i

a

' l

- l

-

s t

n a

w

B

i

a

n

l

a u d n

n e

n

d n a

i

i

r

B

n

i

i t - c r

c r

u d

o

'

H

,

r

*

t i i

y

t t f e S

R T T

a e S

e " n

* n

i

u

n a d

P r o v i n ce

r

-

d

l i

p u

e n o

r

l t f

w

u o b

l

'

s t

a o o

n a J t , i - i

r

r ^ d

r

R

x h

a

l

O

p p

h k

h

p d n a

o

t

U m h o S

i

r a

p u

t r I

r

a f

? c r

. r I -

h c f i

O

m m

r

O

S

I -

o

r

i f

S

r

f

f

H

d

l f l l l l -

l

v o

o

r

u v

o

o T

n

o

o

i t f

l

i

o

f

m m

l

Q

f

f

o

n u

r a

"

n a

s b a c S

g

f

i

g n

l

O F

i

d a n u n n h u

h u

H

w

U

o o

i

l . i i i

a

s

n

A

o h d n a L

t

t

f

n

d n

I d e v

M

A

M

d n

r

I

o

I

a r e n e

o

a - i

t t f e S

o T

k c a b

S

G

. t t f e S

H

N D

I

A

17

S

16

IS 1

9

10 11 12

14 15

6 7

13

3 4 5

2

1

1

2

1

6_

1

3

M a d r as . . ..

28

6

6

6

212 146 30

2

I

7

5

1

1

15

29

3

2

7

B o m b ay . . ..

1 1*

172

E X T R A O E D

I

1

2

2

1

4

U n i t ed P r o v i n c es •

64

226

20

3

3 6

140

7

1 I

i

1

1

B i h ar . . ..

15

39

4

3 3

150 86

•-

••

N A B ¥

2

,

1

1

14

I

2

C e n t r al P r o v i n c es & B e r ar

84

3

I II

20

3

•-

I

1

IS

1

1

1

14

3

7

8

W e st B e n g al .

84 41

2

A U G

.

o

1

1

1

E a st P u n j ab .

17 31

75 30

S

-•

••

1 4

0

1

1

16

4

A s s am . . ..

4

3

68 35

.

••

1

o

1

4

6 5

1

1 2

O r i s sa . . ..

60 44

W

7

In Bombay seven of the General Seats shall be reserved for Marathae. In Assam aad Orissa the Seats reserved for women shall be non-communal seats.

TABLE OF SEATS

J

T H E

PROVI>~OIAI, LEGISLATIVE C'OONCJI

o

7

6

5

1

4

Siats to

G A Z E T T E

Indian

Povinee

Tolal of He,its

O F

Seats to be filled by Governor

Seats

Muhain- madan "M>ats

General Seats

I

be filled by Legislative Assembly

N D

I

fNot less than 8 Madras

Not lea? than 53

A

7

[_Not more than 10 Not more than .55 ( -

TNot lesa than 3 Not lew than 2*

Bombay

5

K X T E A O E D

I

[_Xot more than 4 Not more thin '29

} -

N A B

/

Y

,

fNot less than 6 United Provinces. Not less than 57

17

[_Not more than 8 Not more than 59

A U G

.

} -

1 4

.

1

fNot less than 3 Not lass than 28

W Bihar.

7

12

4

\JSot more than 4 Nut more than 28

} •

" 6 5

Adaptations

Schedule

Sixth Schedule Jn Part 1 -

in paragraph ,"}, omit " a European consti-

tuency " and " ,i 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 (I) of paragraph 13, omit " European " and for " Part T 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, 1930, or an Act of the Provincial Legislature ", after " any such Order in Council " insert ". or Act ", and omit " European constituency ".

In paragraph 1 of Part T[I omit " European ".

In Part I V-

iu the Title, for " Bengal " substitute " West

Bengal ";

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

proviso (b) ;

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

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

\n Part IX.—

in paragraph 1, omit the proviso ; in paragraph HA, omit " British ".

Omit Parts X and XII.

T HK ( . A / l / I TK OK L\'J>JA l A T U M M t D l N A J n, V U G. 1 J, I'd LI S

SL-IIITIUK-

A d i] t . ii i

(SL'-\ cuth

Jn Lis1 1

Schedule

to)¹ entry 1. substitute : —

" 1. The naval, military mid air forces of Hie Dominion _anrl any other armed forces raised or maintained liy the Dominion; and armed forces which aie not forces of the Dominion but are attached to or operating with any of the armed fortes of the Domi- nion ; eeii 1 I'H 1 intelligence bureau: pre- ventive detention for reasons of State connected with defViK'e or internal attairM " ;

in entry 2, omit Vk (not heinpc cantonmeni areas of India]] State Iroopn) \ and oiuit Lt witJiin IJriti.sh India '";

in entry 0, for '" Federal "" .suhstitute 'l Domi- nion '';

in entry 17, after k" domiciled in India '

in.sert '" or " and (jmit " or British subjects domiciled in the Vniterl Kingdom '";

in eutrieu 34 and 3(i, fur k" Kedcnil c'ojitrol • .substitute tL Dominion control ";

for entry 3f> Hubstiutc :- Lt 39. KxtciiRioii of tin ]iowei-h and juris- ' diction of members of ,i jjolicc force belong- in# to any jjrovmce to any area in another j>ro\ince, but not so as to enable the police of one province excrci.se powers and jurisdiction in another prov iure without the consent of. the (Government of thai Pro- vince ; t'xiension of the JKAVCIH and juris- diction of uiemlu'i'b of a police force belouy- - ing to any unit to railway are.is outside

that unit.

lu this eutry • j)rovinec ' includes " a Chief

Commissioners provhico" ;

Schedule

Adaptations

in entry 40, omit " and of any Order in Council

made thereunder ";

in entry, 41, for the words from " Federal Ministers " to " Federal Assembly " sub- stitute " Dominion Ministers and of the President and Deputy President of the Dominion Legislature ", and omit " to suoh extent as is expressly authorised by Part II of this Act ".

In List II —

in entry 11, omit " and of any Order in Council

made thereunder "

in entries 23 and 29, for "Federal " substitute

" Dominion ":

In entry 34 of List III, for " Federal " sulwtituto

" Dominion ".

Omit.

Eighth

Schedule

Ninth

Omit.

Schedule

n.—The India (Central Government and Legislature Act, 1946.

Section

Adaptations

1          Omit.
2          For  "  Indian  Legislature  !n substitute  " Dominion
             Legislature  ".
           In  sub-section  (2)  for   " Govomor-General  in
             Council "  substitute  " Dominion  ".
           In  sub-seotion  (3) omit  " either  Chamber  of  ".
           In  sub-section    (4)  for  " Federal  "  substitute

Section

Adaptation

3

In sub-section (1) for the words " Indian Legis- lature " where they first oocur substitute " Dominion Legislature ", and for " Governor- General in Council " substitute " Central Gov- ernment ".

In sub-section (2) for " Governor-General in

Council " substitute " Dominion ".

4

^or " both Houses of Parliament " substitute

" the Dominion Legislature ".

After section 4 insert the following :—

" 4A. Powers ol 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-seotion (1) of section 8 of the Indian Independence Act, 1947, be exercisable by that Assembly, and accordingly references in this Act to the Dominion Legislature shall be construed as references to the Constituent Assembly ".

6

Omit sub-section, (1).

'

MOUNTBATTKN OF BURMA,

Governor-General.

K. V. K. SUNDABAM,

0 facer on Special Duty.

Hin T F IK O A Z r O T TK <>K I N D IA i ; \ T K A< Mil >l N A l fi , A I ' d' I-I V M7 SECRETARIAT OF THE GOVERNOR-GENERAL

(REFORMS).

NOTIFICATION

W- Delhi, the 14/// I i/i/ust, 1947

No. G. G. 0. 15.- The following Order made by L'IO Gov - ernor-General is published for¹ general informal inn :

TflK INDJA (PROVINCIAL L E G I S L A T U R ES OIU3EK. 1947.

T i l l! d A Z U T TE O L' 1 \ J U\ L X I ' i; \ O l i l M V \ U\ . ' M " ( i. 1 4, [ ! U7 S TI

("2) The J.jittM-pj'e1;itioii Act, IbH9, applies for the incci- protation of this Order .MS ii applies for the interpretation of an Ad of Parliament,

(4) Unless the person who under the provisions of para- graph (1) of this Article is deemed to have been elected by the Kailway Trade Union constituency or the Water Transport Trade Union constituency previously resigns his seat in the Legislative Assembly of East Bengal, he shall ceaso to be a ineml>er of the Legislative Assembly of "West 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 consti- tuency which immediately before that day bears the same name ad an East 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 East 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 appointed day be deemed to have been elected by the East Punjab constituency specified in the corresponding antrv in the second column of the Table:

T\BLB

East Punjab Constiiiuncy

JPA1 Punjab Cona'iiiieivtf

E-vNt Punjab Coniraoro© mid Industry.

Punjab Oaminerotf and Industry.

Ambala THviHion Landholder.

Bast Punjab Landho'dern.

Jullundui TMvinion cum Amritear Ctijil HI Punjab LandhoWr-".

Di.itriot Lnndha'dars.

(3) The sitting member of the Punjab Legislative Assembly representing the general rural constituency of Amritsar and Sialkot and filling the seat not 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 Amritsar to the Lcgislutive Assembly of EaBt PuTiiab.

(4) Unless the person who under the preceding provisions •of this Article is deemed to have been elected by the _East Puni.ib Commerce and Industry constituency or the Railway

Trade Union constituency or the University constituency pre- viously resigns his seat in the Legislative Assembly of West Punjab, he shall cease to be a member of the Legislative Assembly of East Punjab on the first day of September, 1947, and his seat in that Assembly snail become vacant on that day.

6. (1) Every sitting member of the Assam Legislative Assembly representing :i constituency whose name is not in- cluded in the Ninth Schedule to the Government of India (Provincial Legislative Assemblies) Crder, 1938, as adapted by Article 3 of this Order shall on the appointed day cease to bo a member of the Assam Legislative Assembly.

(2) All sitting members of the Assam Legislative Assembly ^presenting the European Planting constituency shall on the appointed day caase to be members of that Assembly, and a by-election shall be held for the election of one member to represent that constituency.

(3) As from the appointed day the sitting member of the Assam Legislative Assembly representing the Indian Planting (Assam Valley) constituency shall, notwithstanding the alteration in the extent of that constituency, be deemed to have been elected by that constituency.

(4) On 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- vinces and Bihar representing European constituencies and the sitting member of the Legislative Assembly of the Central 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.

• S 71 T HE I J A Z K / I TK 0 1' I X 1U \ K\ Hi \ < > l tl UN \ K Y\ \ I U. 1 -i l ' , U7

TtTTC s n i F J HTL F.

1 .- T l lC GOVEftFvMl'.NT (>if IMH V PK( >V1N< 'I \L LFUJS1.ATI \ K \Ss±,MhT [ I0S )

on m a t. 1 (>3fi.

I'.xn

I'lirnuJ'.'ipli

-Vflnptiitions

."> For l' .i FedoiaU'd Stuto .sulistitute "' mi J

u< i'C(liii'4 S t t i td ".

l

F or "ISnifial ' Miil)stitiuln "W e nt BCD^'H]

a nd f or '• t he 1 ' i . i n j a l) " s n 1 > a l , i t n t f> •' E H HI

J'liujdl) ".

II

F or '[ Jjenpil uiibst.itiitc " Went TJciigal:).

] (i

Fo] - ' J l i m ^ i i l" sul)sl.Jhito "W o ht Beiif-al".

•2

Omit.

,+ m i ll ."> Omh.

n

1!)

In Milt i " ] j . ' i f ; i a ] ) li ( 1 ), o m it " U r i t i i - li

] JI s i i | i - jip i u ^ i n ] ih ( 2 ). n i ' t c J- " ' I n d ia M ' - e ii

' ' or in tni .uccdiiijr S t n to ".

:j

Omit.

in

Tn ii)l)-[iaia^jM-[ili ( 2 ), n i ' k 'r " Jiidii? m - c r i;

'" in- in mi i K r e d h i f? S t a l ts '.

Foi " l i o i ^ i i i l" .svltht.itute " M V t ,t ECII,L;IJ .

i\r

In N u l i - ] ' i n a g i n p li ( J ), o m it " K u i o] CCTI ;\

i

."> mid 0 Omit.

s

h\ j- 1 j ic l u ' n d i u f; a l i o - yc j i n i n y i a j ih ^, s i i b i - . 1 i-

t u fo " <'iniutK ice itnrf ludunliij Hcotf- '.

')

] JI s u b -] . n n s i u q i ji ( 1 ), o m it " m i n i ng ur p ' > i n t-

i n^ " find foi " t he i o n a t i t n c nt } inly

(iiil)Htitntc " n < miHlit lu-jit b o d y ' '.

O j n it s i i b - j i m a q i ' o j ih (4),

T i l l. GAZETTF, OF INDIA TCXTJ! \OllTHNAitY, ,\U

Adaptations

Paragraph

I'-irt

1.5 In •mb-pflrutfiuph (J), ior " Bnrdwan mid l'ic-.idenev divisions '" substitute " Bimlvvan division .iiul that, portion of the former IVi'tficlency division which i-. tvithiu the I'j'ovineo of West Bengal \ .iml for Li iMccn Utijsliahi MIKI Cldttfi^ona rlivi^ions " sub- wtitutf¹ ''Jalpnifruri and TJ;uieelin" di^- t r i H n ".

In finb-pnr.igTaiili ( 3 ), u i n ii c l n n ^e (,\).

In Hiili-]imnf!].'ifh ( 1 ), o m it " or ( ' ] i i t h i M > r£

is

F or M i b - p a r n & i a ] i Ji ( J) s i i i i ti t i u tc . --

•21

" (Ij The seat to )>o tilled hy a io]>ic^vnhn- tive of Univornity slmJl bo iiUed hy an election in a consUtucncy to bo cnlled (lie Univeisity constituency ".

In sub-paragraph (2),—

for " a Univoraity constituency"' tfiib.stitnte

" tlio University conytituonoy " ;

after "India J' insert "or in an acccrlinff

State " ;

for clause (a) .substitute •' (a) is a member of the Senate of the Calcutta rniveisitv . o r ";

in clause (b), ior "of the ITniversity " subs- titute "of the Calcutta ITniversity or of the Dacca University "; and omit tho Proviwo.

Omit.

3

V

20 After " India '" instrt '' or in an acceding

State ".

Title

VI

For " Tho Punjab " Hubstituto " Kast Pun-

jab ".

]

Jn sub-paragraph (1), for Parts "I to VTT1 "

substituto "1 to IV ".

In sub-paragraph (2), for " women's consti- tuencies "' substitute " wonieiiV consti- tuency " and for "arc constituencies" substitute " is tho constituency ".

Paragrapl

Part

I Adaptations

After sub-paragraph (3) insert:—

" (4) The definitions in Parts 1 and II oi" the Sixth Sohedule to this order of the extont of a rural constituency by a reference 1*> a division or district or part of a district shall not have effeot of including in that district any part which is included in an urban constituency of the same communal description."

o Omit.

3 For " a aoat " substitute " the Beat ",

4 artd 5

6

Omit. In sub-paragraph (1), for "Part V I I I"

subatituto " Part V ".

10

11

For "Part I X" substitute "Part VI". For the words from " the Tumandar's con- stituency " to " any other " substitute " a ".

12 For the words from " the Tumandar'n con- stituency " to " any other " substitute " a ".

14 In sub-paragraph (1), for "Part X )? substi-

tute " Part VII ".

In sub-paragraph (3), for " North Western Railway Union " substitute " trade union* mentioned in th y s.cond column of thf¹ first of th< said tables ".

Tn sub-paragraph (4), for the wards from the beginning to "each such constituency " substitute "the remaining constituency shall be a non-union labour constituenoy ami tho electoral roll for that constituency ".

15 [n sub-paragraph (3), for " the North West Railway Union " substitute " a constituent lailway trade union ".

IS In sub-paragraph (2), after "India" insert

" or in an acceding State ".

VII

Omit.

Part

Paragraph

Adaptations

£2 In sub-paragraph (2), after " I n d i a" insorfc-

" or in an acoeding State ".

]

VI11

In sub-paragraph (4), for " a European con- stituency " substitute " constituency ".

3 Omit.

20 In aub-paragraj)h (2), after " India " insert

" or in an aocoding State ".

;{

IX

5

Omit. Omit " British ".

9 In aub-paragi'aph (2), foi " a British Indian police force " substitute " an Indian police force ".

In sub-paragraph (3), omit "British".

U In aub-paragraph ()), for " s e v e n" substi- tute " o n e" and for " t w o" substitute "o.ie ".

12 Ln sub-paragraph (1), for "either of the Indian planting constituencies " substitute " t he Indian planting constituency".

In sub-paragraph (1), for " the Thakurbari constituency and the Silchar constituency '" substitute " a nd tho Thakurbari consti- tuency ".

In sub-paragraph (2), for " the Biswanatb constituency and the Srimangal consti- tuency " substitute " and tlie Binwa- na,th constituenoy ".

Omit.

X

Omit.

XII

Adipations

Schedulo

Omit Part V. Omit Vnrt V.

Second Schedule . Third Schedule .

JTor this Schedule substitute : -

Fourth Schedule .

NT^ U I I <; H A Z K I ' T I: OF i \ m\ r \ i ' i ; \ o i U ) i \ A J^ , vm 14, K MT

F O U R TH S C H E D U L E.

\V KS'I B K \ WAT, C< i \ NTITU E^ <

/.—

E\te]it of ('(iiHtii u e n c \. No.of Seats.

Namo ot' ('onstitnon< y

Scheduled Castes Seats.

(i) Utbaii.

I

C.iloubta Noith.

The iSliampukur, KinntiTtnli, Bolgachin, Sat[>ukiir mid ((os- HIj>ur wtirdw ol" Ciilrntta.

!

•• (_'a!cu(jta Kmt.

The BarloUi, Sukea St.root., Bi'liagliatta and IVlaniktala uards of Calcutta.

1

('.lK'iitta West.

The Jorabtigmi Uara Baznr. Bow Bazar and Watorloo Sheet wards of Calcutta.

]

('aK'tuia

• The .lorasanko, (.'ollootolu ;uid Mut'hiparu waids of ralcuttn.

("'^utral.

1

Cil.'utfc.i S-.uMi (_Vn*"i'nl.

The l'.iddnpukui, Fenwiok Bazar, Taltulti, Kalinsfa, i'ark Stioet, Bainnii Bustee, Tangrn Entally, BtMiiapukui i>nd Ball}- gaiij wards of Calcutta.

]

('al( ntto.

The Bhowanipnr, Kalighai, Ali- (joro, EkbttljHir, Waipanj and HaNtingfl and Tollyganj wardh o{ Calcutta.

The niu]iicij)a]i1i('s of tlie Hooghlv

1

Kofjghly cvm

and Howrah distiiotg.

Hnwvnh ifiuiioipal.

1

Jjnnlwan.

Division

"VTmitctpal.

TJi c municipalities of the Burdwan. Birblium, Baukura and Midna- j)oro districts and the town of Kharagpnr in the 'Xtidnaijore district.

1

^4-Piu^vinas

• • MunicijMil.

The- nvunicipulities and eant THE GAZETTE OP INDJA UXTBAOKDJNAIiY, AUG. 14, 1947 879

Rxtent ol Conptihionoy

•Sdhedwlrd Oasto-j Seats

Name of Constituency

No of .Seate

(n) Rural-

2

1

Burdwan

Central.

The Sadar sub-division of tho Burdwan district excluding municipal areas.

2

1

Burdwan North- West.

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

o

I

The Birbhum district excluding

Birbhum-

municipal areas.

2

]

Bankura West.

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

I

Bankura East.

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

o

1

Midnapore Central.

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

2

]

Jhargram cum Qhatal.

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

1

Miduapore East.

The Tamluk sub-diviwion of the Midnapore distriot excluding municipal areaw.

1

*

MiJnapore South- Wost.

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

1

Midnapore South- East

The Khejri, Patashpur and Bhag- wanpur police-stations in the Contai sub divinion of the Midnapore district.

2

1

Hooghly North- En.'t.

The Sadar sub-division and tho Scrampore, Uttarpara, Bhad- re.swar, Sitigur and Chanditala police-stations in the Serampore suh-diviwion oi the Hooghly district excluding municipal are"iH.

Nim • uf

Scheduled (Jonwtii iieuey

Rttent of Constituent

No. of Seats.

Castes Seats

I

Hooglilv Soutll- W-st

(ii) Rural—contd. Tlie Arambagh ,suli-divinion and the Haripal, Turkeswar and Jangipara polioe-slacions in the Seramj)ore ,sn>i-divisi

1

2

The Howi'ali di^ricl excluding

Howrali

mtmi(-ij*al aieua

o

1 24-Pargaans

JWli- Enat.

The Sadar and Basirhat sub-divi- 8i'"ris ot the 24-Parganas district oxcluding municipal areas.-

1 24-Pu,rgiinna North- West

The Burraokpore, Barasat and Diiiinond Harbour f=iub-divi- si)iiH of the 24-Pargannh district excluding municipal and cantonment areas.

2

3 3

Khuhiii Jalpaigiiri •

The Khulna district The Jalpaiguri district anrl the Siliguri sub-division of the Darjeeiinp district.

1

cam Sitiguri. Darjoeling . Tte Sadtvr, Kursoong and Kalim- pong sub-divisiona of the DaT-j"elin(( district

II -—MT.HAMMADAN C'ONSTlTifBNCIja.

Na.m" of Constituency.

Extent of CQHatituency-

No. of Spate.

(t) Urban.

1 OalcuH;^ North.

TSie Slxampukur, ltumartuli, Bart^lft, Sukofwi Street, Jora- bagan, JonaBaMk*, Bar* Bazar, Gollootola, Muohipara, Bow Ba^ar, P^dd^pukur, Waterloo Street, BeliaghAtta,, Mamktala, Belgaohia, Sa.tj)^kia- aaA Gossipur wards of Calcutta.

THl'l OAZBTTfC 0*¹ LNDLA KXTlUOBDSNAliY, AUG. 14 1947 881

Extent ot Constituency

No. of Scats

Name of Ponetitiienc '.V

(0 Urban—i-ontd.

¹

¹

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

¹

T ke B i r b h nm d i s t r i ct . . ..

¹

, T ke B a n k u ra d i s t r i ct .

¹

T he M i d n a } ) o re d i s t r i ct . . ..

¹

¹

. T he H * ) o g h l ,v d i e t i i c t, e x c l u d i ng m u n i c i [ > ")

areavS.

¹

Ho"i"li

^retifi.

]

24-J*"i gwiias S

Extent of Constituency

Name of

Conetituonoy

No. Of Seats

(ii) Rwml—oontd.

l 24-Pargn nae Central.

The Tollyganj, Sonarpur, Bchala, ]\letk- bmz, Malioshtola. Tanning, Budge- Budge and Bhangar police-stationH of ttio Sadar snl)*division, the Barrackpoic sub-division and the Bnrasat, Amdanga and Rajarhat police-stations ef the Barasat sub-division of the 24-Pargana" distriot, excluding municipal and canton- ment areaw.

l 24-Parganas

North-East.

The Basirhat aub-divi?ion and the Deganga and Habra police-"tationp ot the Barnsat Bub-division of the 24-Parganas district, excluding municipal areas.

i

The iSadar aub-divinion of the Khulna Khulna

distriet.

1

The Satkhira sub-division of the Khulna Satkhira .

diatriot.

1 Bagerhat

The Bagerhat sub-division of the Khulna

district.

l Jalpaiguri cum The Jalpaiguii and Dai'joeling districts .

Darjeeling.

III.—WOMEN'S CONSTITUEKCIES.

Extent of Constituenoy

No. of Seats Name of Constituency

(t) General Urbav-

L 1 Calcutta (General) Part I.—The area bounded on the Noitli by Grey Street, on the South by Bow- Bazar Street, on the East by Uppei Circular Road and on the Wett by Chittaranjan Avenue with extenBion Tip- to Grey Street.

Part //.—The area bounded on (he Nortl by Park Street, on the South and Eafrf by Lower Ciroular Road and on the Weet by Ctowringhee Road.

Extent of Constituency

Name of Constituency

No- of Seats

(i) General Urban—contd.

Calcutta (General) Part III. -The Ballyganj, Bhowauipur, Alipore and Tollyganj wards of Calcutta

—contd,

(it) Muhammadan Urbcm-

l

•Caloutta (Mu- i Oaloutta as defined in seotion 8 (11) of the

Calcutta Muniolpal Aot, 1923.

hammadan).

IV. —A,NGLO-INDIAN CO^STITUJUNOIT.

Extent of Constituency

Name of 'Constituency

No. of Seats

4

Anglo-Indian

(including one woman's seat).

The whole of West Bengal (eioluding the Chittagong Hill Traots).

VI.—INDIAN CHRISTIAN CONSTITUENCY-

Extent of Constituency

No. of Seats

Name of Constituency

VIT.-—COMMKROE AND INDUSTRY CONSTITUENCIES

N o. of S e a ts

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

B e n g al C h a m b er of C o m n i e r oe . . . ..

. 1

1 C a l c u t ta T r a d es A s s o c i a t i o n, I n d i an J u te M i l ls A B s o o i a t i c m,

I n d i an T ea A s s o c i a t i on a nd I n d i an M i n i ng A s s o c i a t i o n.

B e n g al N a t i o n al C h a m b er of C o m m e r ce

. 2

I n d i an C h a m b or of C o m m e r ce . . . ..

. 1

M a r w a ri A s s o c i a t i on , , . . . ..

1

M u s l im C h a m b er of C o m m e r ce . . . ..

. I

VIII.—IjAXDHOLDiDRR CONSTITUENCIES.

Extent of Constituency

Nam© of Constituency

No. of Seats-

The Burdwan Division . . ..

Burdwan Land-

1 holders.

1 Pre3idenoy Land-

holders

All dietriots other than the Chittagong Hill Tracts and tho dlfltriots of Burdwan Division

I X. —LABOTTR (JoNSTITCTElsrftJKS-

Extend ofCiniHiituoncy

Nunie of Constituency

No. of Seata

-

(i) Trade Union Labour-

l

Rogisteml tiado luiionw <>f milway worlterp

Railway Trado

Union.

operating in the Provmoe.

]

Hegisterod tnido uniojisof wator trtwisport

Water Transport Trade Union.

workorw ojiorating in the Province.

(ii) Factory and Colliery Labour.

1

Calcutta .'ind the S"id"i" 'flib-division of the

24-Pai-gfwias district.

Calcutta and Suburbs (Re- gistered Facto- ries).

1

The Bai-rackpore sub division of t he 24-

Parganas district.

BaiTftokpore (R-©- gistered i?ao- tones).

]

The Howrah diHtriot . . ..

FTowrah (Regis- tered factories).

I

Tho Wadar and (Soramvoro sub-divisions

nf t he Hooghly diHtri<;t.

Hooghly cum Sarampore (Re- gistered fao- torios).

1

The Asansul sub-division of t he Burdwan

Colliery ((_'oal

distriot.

Mines),

(Hi) Tea Garden Labour

First election

Bongal Dooara Tho following tea gardens :—

(Western).

1

i i

i i

I

liood Hope aliats (iJijsiiba] i. Dam Dim. lianicherra. Kumlai. Rangamati. Gurjangjhora. Hahaipotha. New Olencoe. Sylce. Ncdam.

Extent of Constituency

Name of Constituency

No. of Seats

(ii) Tea Garden, Labour—-contd.

Seco-nd election

Darjeeling Sad&r

i

i

1

The following tea garden* ; Arya. Stointhal. Happy Valley. Windsor. Phoob-joring. Sing torn. tSoom. Patabony. Rungneet. Panda in. JJannockbuxn. Bltiomfield.

Third election

Bengal Dooart* The following toa gardens •

f (Eastern).

I

i

i

Atiabari. Bhatkawa. ltajabhat. Diina. Kalchini. GhanaparH. Mechpara. Bhatpara, Kadharani. Madiiu. Satftli.

Fautih elertiou

Kurseong .

I

i

i

The folhv oiiig tea gnideiw : - Maharani. Edenvale. SingeU. Monteviot. Makftibari. Ambootia. Springaido. Gastleton. Qiddapahar. Murbong. Sepoydhura.

j

X.—UNIVEBSITY CONSTITUENCY

Extent of Constituency

No. of Seats Name of Constituency

1

University .

Non-territorial .

Schedule

Adaptations

Fifth Schedule . Siith Schedule .

Omit Part V. For this Schedule substitute:-

SIXTH SCHEDULE.

THE EAST PUNJAB CONSTITUENCIES.

I. GUNKRAL CONSTITUENCIES.

Scheduled Extent of Constituency

Name of •Constituency

Castes Seats

No. of Seftta

(i) Urban.

1

Southern Towns.

The municipalities of Bhiwani, Hissax, Siraa, Eansi, Rohtak, Sonepat, Beri, Jhujjar, Rowari and Palwal; the Bmall towiw of Budhlada, Tohana, Meham and Hidayatpur Chhaoni (Gurgaon) ; and the Civil Linos of Rohtak.

I

South-

Eastern Towns.

The municipalities of Panipat, Karnal, Kaithal, Shahabad, Ambala, Ambala Cantonment SadrBazar, Kalka, tfagadhri, Sftdhaura. Rnpnr, Simla, Lud- hiana, Jagraon and Raikot ; the oantornnonts of Ambaha, Kawiuli, Dagshai, Sabathu and Jutogli ; andtht'iiotifiedareaflof Kaitbal Mandi, Karnal Civil ytation and Ambala Civil Sta- tion.

Extent, of Constituency

No. of Seats

Name of Constituency

.Scheduled Oastes Seats

(i) Urbnn- -nontd.

Eastern TItc municipalities of Dliaram-

1

Towns.

sala, Hoshiarpur, UrmurTanda, Kartarpur, Jullundur. Nakodar, Moga, Ferozepore, Muktsar, Abohar, Fazilka, Jandiala and Tarn Taran ; the cantonments of Dharamsala, Jullundur and Ferozepore; and the Oh i] Linrn of Ho^hiarpur.

1 . The municipality and canton-

Aniritsur City

ment of Anuitwar.

(ii) Rurnl.

1 The Hissar and Bhiwani Tahsiiw

'>ithe Hiasar district.

South.

The Hansi Talisil of the Hiflwar

1 Hansi

district.

Hissar

1

The Fatehabad and Sirsa TahHils

North.

of the Hissar district.

1 Rohtak

North.

The iSonepat tahsil and the police station areuH of (johana and Barauda f>f the RoMak diwti'ict

1 Rohtak

Central.

The Rohtak taliHil and the police station area of Meham of t]ie Rohtak district.

] Jhajjar

The Jhajjar tahsil of the Rohtak

district.

1

The Gurgaon and Rewari tahsilw

of the Gurgaon district.

1 North-West Gurgaon. South-East (•J-nrgaon

The Firozepore-Jhirka, Nul-, Palwal and Ballabhgarhtaheils of the Gurgaon district

1 Karnnl

The Karnal and Panipat tahsils

South.

of the Karnal district.

o

1 Katnal

The Kaithal and Thaneear tahwlf

of the Karnal district.

2

1 North. Ambala and The Ambala and N.mludistricts.

Simla,

T l l li G A Z K T TK OF IXTHV U X T Ii M V R D T N A E Y, A U G. 14, 1047 S8ft

Numo

Extent of Conntituoncy.

Sohcdulod Castes fcjt'ats of Constituent

No. of Seats

y

¹

Kangrti

North.

(if) Rural—contd. The police station areas of 8]iah- pur, l>harairsala, Kangin and Palampur (excluding the Zail of Bhangal) of the Kangra district.

•

The police station aieaHotBart-ar, Hamirpur and fchijnnpur of the Kangra diatriot.

¹

The police station aicaw (if K.11J11 and Sei'aj and tl^e Zail of Blian- gal of the Palanrpur tahwil of tho Kangra district.

¹

The police station areaw ""f In-

daurn, Nurpnr, Haripnr and Jawalamnkhi of the Kanpra dintrJcl.

f

HoHliiarpur Went.

The Hoehiarpur, L>asnya and Garhshankar tahhilw of the Hoshiarj>nr diHiricti,

¹

Una taheil <>i the Hoshiaipiu

Una.

district.

^>

1

/

.)

The Jullundur district The Ludniana and Fei'ozejioH'

districts.

Jullundur Ludlriana and Feroze- pore

¹

Amritsar . The AmutHHi' dintiict

I I. MunAMMjM>AN OoNHTlTVlCNOIiS.

Name of

Kxteni oT ('onHtitiiency

(¹onH*ituency

No. of Seats

(I) IJrbitn

]

.Southern Towns The municipalities of "Bhiwani, Hiesar, Siraa, Hansi, Rohtalc, Sonepat, Beri, •890 XJUE GAZETTE Ol'¹ INDIA EXTRAORDINARY, AUG. 14, 1947

Extent of Constituency j

Name of Constituency

No. of Seat

(i) Urban- c-ontd.

[ South- Ku"tdTTi The municipalitien of Ainbala, Ambala Oantoiim^nt S;nlr B(i7>ar, Kalka, Jaga- dliri, Sadliauni, Rupar, S ir la, Ludhiana, Jagraoa and Raikot ; the oantonment.M of Ambala, Kinauli, Dagahai, Sabathu and Jutogh ; and the notified area "f

Ainbala ('i\ il Station.

Eastern Towns .

T AmritHiir < ¹it\

(i;) Rural

1 1 ] ¹ 1 1 1

¹

^{1 1}

1

]

Name of

Extent of Constitnenoy

Constituency

No. of Seats-

(ii) Rural—contd.

Ferozepore  Eflflt  . Tho Zira and Moga tahsils of the  Ferozepore       ]
                        district.
Fazilka               The Fazilka tabsil  of the "Ferozepore  district . 1
Amritsar              The Amritsar  taheil of the  Amritaar  district    ]
Tarn TaraTi.          The  Tain  Taran  tahsil  of  the  Amritsar        I
                        district.
Ajnola                                                                   ]

The Ajnula tahwil of the Amritsar district

III.—SIKH CONSTITUENCIES.

Extent of Constittienry

No. of Seats

Name of Constituency

(i) Urban.

Eastern Towna Th(j miiiifipalitioM of Tiliiwani, Hissar, 8ii.su, Hanwi, Rohtak, Wonojuitj Beri, Jliajjar, Rewari, Palwal, Panipat, Karnal, KaithaJ. Shahabad, Anihalu, Ambala Cantonment Sadr Bazar, Jagndhri, Kadhaura, Rupar. Kalka, Simla, Ludhiana, Jagraon, Raikot. Dharainialu, Jloshiarpur, Urmur Tanda, Kartarpm. Jullundur, Nakodar, Moga, Ferozoftore. Muktsar, Abohar, Fazitka. Amritsar, Jamliala and Tarn Taran ; the cantonments of Ambala, Kasauli, Dagshai, Sabatliu, Jutogh, Dharamsala, Jullundur, Ferozoporo and Amritsar ; the notilied aroaN of Kaithal Mandi, Karnal Oivil Station find Ambala Civil Station ; the small towns of Budhlada, Tohana. Meham and Hidayatpur Chhaoni (Gur- gaon) ; and tho Civil Linos of Rohtak and Hoahiarpur.

(ii) Mural.

.South-Eatit Punjftl " The dintiiot of Hissar. Rohtak, CJurgaon Karnal and Simla and the Ambala, Narain- garh and Jaoadhri tahsils of tho Ambaltv distriot.

Name of

Extent of Constituency

('on^titiioney

No. of Seats

(ii) Mural—emitd-

¹

Tfl.e Khavar and Rupar tahsils of tho Anibala Ainliala North

distriot.

¹

]

¹

] ¹ 1 , 1 ^{1 1 1 1}

J Estonia of Constituency

No. of Name of Constituency

Amritf>ar Noutti .

J

Tho police ntfttuin areas of Tajji Taran, Sarhali and W*irowal and tho zails of China Bath and Butalfi in the polioe station area of Boas of the Amritsftr district.

I V . ^ W O M E N 'S (JOKSTITTENCY.

Extent of Constituency

Name of Constituency

No. of Seats

Sikh

The whole of the Amritsar district

J\uirit"nar

1

V.—SOMMEBCT: AN© INDUSTEY CONSTITUENCY.

Extent of Comtituonoy

Name of Constituency

No. "f Seats

1 East Punjab O&Hamerce &nd Industry.

rJ he Northern India Chamber of Commerce, tho Punjab Chamber of Commerce, the Indian Chamber of Commerce and the Punjab Trades Aasociation.

AT— LAKDHOLBEBS CONKTJTTJ1SK"OIBS.

Extent af Cbnstitnency

Name of CoHfltituency

No. ©f Weats

Tho Ambala diviaioH .

] Ambala ©j-viaioii

Jjandholders.

The Julhuidur fMvision and Anmtsar dist- 1 rict.

Julluadur Divi- sion own Amrit- sar District Landhcrtderu.

VTT.—LABOUR CONSTITUHNOrES

Extent of Constituency

Name of Constituency

No. of Seats

(i) Trade Union Labour

I Trado Union

Registered Railway Trade Unions Operat-

ing in tho Province

(n) Non-Union Labour

VIII.- - U N I V E R S I TY CONSTITUENCY

E x t e nt of Constituency

Name o±* Constituency

No. of Seats

University

. Non-territorial . . ..

1

I.—GENEBAI, CONSTITUENCIES.

¹

Extent of Constituency

Name of Constituency

Scheduled Castes Seats

No. £ of Seats

Dhubri

Bijni and Kokrajhar thanas

1

(North).

¹

Lakhipur and North Salmara

Goalptira

thanas.

¹

¹

1 1

¹

¹ "

3 ¹

¹

¹

¹

••

I

••

¹

¹ 2

Name of

Extent of Constituency

Constituency

Scheduled Castes Seats

No. of Seats

Qolaghat

1

(North).

1 Golaghat

(South).

Dergaon and Bokakhat thanaa (exoluding all areas in the Mikir Hills) plus Mahura and Khumtai mauzas from Golaghat thana. Golaghat thana (exoluding all areas in the Mikir Hills except Bar- pathar and Sarupathar mauzas) leaa Mahura and] Khumtai mauzas.

1 Jorhat

Titahar and Teok thanas . .

(South).

2 1 Jorhat

Jorhat and Majuli thanas . , -

(North).

1

"* Sibsagar^ (West).

Sibsagar and Amguri thanas ex- cluding the portion of Dopdar Mauza in Amguri thana.

1

Nazira andSonari thanas plus the

Sibsagarj (East).

portion of Dopdar Mauza in Amguri thana.

1 Dibrugarh Tinsukia, Bardubi and Jaipur

-

(Central). thanas. £

1

Dibrugarh, Moian and Dhemaji

•. *

thanas.

1

•"• Dibrugarh (West). Dibrugarh (East).

1 ...

North"

Doom Dooma, Digboi and Mar- gherita thanas (excluding the Lakhimpur Frontier Tract). The whole of North Lakhimpur

sub-division.

Lakhimpur.

1 ***

The whole of Hailakandi sub-divi-

Hailakandi

sion.

1

2 Silchar The whole of Silchar sub-division

II.—MUHAMMAD&K CONSTITUENCIES.

Extent of Constituency

Name of Constituency

No. of Seats

Dhubri (West) . Dhubri (South) .

1 1

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

Naino of Constituency

Extent of Constituency 1* S

ro. of ieats

¹

Dhubri (North) . Eilcfiipara Kokrajhar, Gossaingaon and

Bijni thanas.

Goalpara (West) L a k h i p ur t h a na . . . ..

12

¹

I

I

¹

¹

¹

¹

HI.—WOMEN'S CONSTITUENCY.

V.—INDIAN CHKISTIAN COITSTITUHNOY

Extent of Constituency

Name of Constituency

No. of Seats

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

VI.—BAOKWABD TRIBAL (PLAINS) CONSTITTTEI*OIBS

Extent of Constituency

Name of Constituency

No. of Seats

1

Kokrajhar and Bijni thanas of Goalpara Goalpara (Tribal).

distriot.

1 Kamrup (Tribal).

I Lakhimpur and (4_Majuli (Tribal).

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

Raha, Marigaon and Jamunamuth thanas Nowgong (Tribal)

excluding all areas in the Mikir Hills.

VII.—BACKWARD ABBAS (HILLS) OOWSTITUBITOIBS

Extent of Constituency

No- of Name of Constituency

1

1 Oaro Hills (North) Oaro Hills (South)

Mauzas, HI, IV ag.d ^r >' Mauzas, I, IT, *&. and X (Tura Town)

VIJ - -BACKWARD ARTCAS (HILLS) CONSTITUENCIES—ntd.

No. of Seats

Name of Constituency

Extent of Constituency

1

Shillong

. The British territory of the ShiHong sub- division plus the non-British areas in which the Municipality and Cantonment oxeroise jurisdiction.

. The whole of Jowai sub-division

1 1

Jowai Mikir Hills

The Mikir Hills (in Nowgong and Sibsagar diatriots) less Barpathar and Sarupathar mauzas in Golaghat sub-division and less the Lumding Kheraj Blook in Nowgong district.

VIII.—PLANTING CONSTITUENCIES

Name of Constituency

Extent of Constituency

No. of SeatsJ

1

European Plant-

ing.

The districts of Goalpara, Kamrup, Darrang, Nowgong, Sibsagar, Lakhim pur (excluding the Lakhimpur Frontier Tract) and Cachar (excluding the North Caohar Hills).

1

Indian Planting (Assam Valley).

The distriota of Ooalpara, Kamrup, Darrang, Nowgong, Sibsagar, Lakhim- pur (excluding the Lakhimpur Frontier Tract) and Caohar (excluding the North Caohar Hills).

IX.—COMMERCE AND INDUSTRY CONSTITUENCIES

No. of Seata

Name of Constituency

E x t e nt of Constituency

I

The Provinoe . . ..

European Com- merce and Industry.

1

The Province . . ..

Indian Coinmeroe and Industry.

X.—-LABOUR CONSTITUENCIES (TEA GARDENS)

Extent of Constituency

Name of Constituency

No. of Seats

I . —IN THE LAKHIMFUR DISRIOT

First election

Doom Dooma

(Distriot Lakhirnpur).

All gardens within a radius of three and a half miles from Doom Dooma polioe ntation.

Second election

Tinsukia (Dis- All gardens within a radius of five miles trict Lakhimpur) from Tinsukia polioe station.

Third election

DibrugarJi (Dis- All gardens within a. radius of six miles from 1 triot Lakhimpur). Dibrugarh polioe station.

II.—IN THE SIBSAGAR DISTRICT

First 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

Nazira (Sibsagar

Distriot).

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

f

Third election

All gardens within the mauzaa of Dergaon,

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

Golaghat East (Sibaagar Dis- trict).

J

X.—LABOUB CONSTITUENCIES (TEA GADEENS—cottfd

Extent of Constituency

Name of

No. of Seats

Constituency

I I I .—IN THE DABEANG 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"

3iswanath

from Pabhoi inspection bungalow.

(Darrang Distriot).

Third election

All gardens within a radius of ven

Paneri (Darrang

miles from Paneri club house.

Distriot).

-

Tenth Schedule—Omit.

Twelfth Sohedule—Omit.

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

OBDEE, 1936

Para- graph

Adaptations

Part

3

I

In sub-paragraph (3), for the second sentence substitute "in the oase of the United Pro* vinces and Bihar, one seat shall be filled by an olootion in each constituency".

II-—THB GOVERNMENT OF INDIA (PROVINCIAL LEGISLATIVE COUNCILS)'

ORDER, 1986—contd.

Part

Adaptations

Para- graph

ft 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".

n

2

in

IV

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

2 For "British India" substitute "India".

.V

For "British India" substitute "India".

2

VI

Omit.

VII

Part

Adaptations

Sohedule

Omit the heading "III—European Constitu-

I

ency" and the entries thereunder.

The Sohedule

Ditto.

II

Omit.

I II

Omit the heading "III—European Constitu-

IV

ency" and the entries thereunder.

Ditto.

V

Omit.

VI

I I I .—T HE GOVERNMENT OF INDIA (SCHEDULED CASTES) QEDEE, 1936.

Ln paragraphs 3 ami 4 for " Bengal " substi-

tute "West Bengal".

Tn Pait I II of the Schedule, for "Bengal"

substitute "West. Bengal".

In Parb V of the Sehodulp for " Punjab "

substitute "East Punjab".

IV.-—THE GOVERNMENT OF INDIA (PROVINCIAL ELECTIONS) (OOKRUTT PRACTICES AND ELECTION PETITIONS) OEDEE, 3 93 fi.

In Part I omit suh-paiagiaph (6) of paragraph

3.

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

MOUNTBATTEN OF BLTEMA,

Governor-General.

K. V. K. SUNDARAM,

Officer on Special Duty,

SECRETARIAT OP THE GOVERNOR-GENERAL

(REFORMS).

NOTIFICATION

New Delhi, the tifh August, 1947

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

THE INDIA (ADAPTATION OF EXISTING INDIAN LAWS)

ORDER, 1947.

WHEIUCAS sub-section (3) of section 18 of the Indian Indepen- dence Act, 1947 (hereafter in the recitals to this Order referred to as "the said Act") provides thai save as othorwise expressly provided in tho said Act, tho law of British India and of the several parts thoreof existing immediately before the appointed day shall, so far as applicable and with tho necessary adaptations, continue as the law of each of the now Dominions and the several parts thereof, until othor 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 WHKREAS sub-section (1) of section 9 of the said Act pro * videa thai the 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 operation and for removing difficulties arising in connection with the transition to the provisions of the said Act;

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

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

(2) It shall come into force on tho 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. AH from the appointed day, all existing Indian lawn 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. (]) Where an existing Indian law contains a provision de- fining the territories to which the law extends, or a provision refer- ring to the territories which are within the scopo of that provision, that provision shaD 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, except where the reference occurs in a titlo or pre- amble or any citation or description of an Act, Ordinance or Rogula- tion and except where the context otherwise requires, be 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 oeaees 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 replaoed by a roferonoe to the High Court of East Punjab, and (b) in any other case, be omitted.

6. Any words in an existing Indian law sigaifying that tho Governur-General or Governor is to aot in his discretion or to exer- cise his individual iud^m^nt shall be omitted.

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

8. Anj rofereiife in an existing Indian law to the Indian Legis- lature or to a Chamber or the Chambers theieof shall be construed as a reference to the Cential Legislature.

9. (1) Any tribunal, authority, officer or official body constituted¹ or appointed boforo tho 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, b& 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 roferonce 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 Provinco 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

(6) 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 Provineo of West Punjab, or

(c) to the whole of tho 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,

Bhall be construed as references to such tribunal, authority, officer or official body as the appropriate Government may by notification in the 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 ^ means, as respeots a law relating to a matter enumerated in List I of the Seventh Schedule to the

Govornment of India Aet, 1935, the Central Government, and aa respects any other law, the Provincial Government of West Bengal, East Punjab or Assam, as the case may bo,

10. Any ooutt, tribunal or authority lequirod or empowered to enforce an existing Indian law shall, notwithstanding that this Order makes no provision or insufficient provision for the adapta- tion of the law for the purpose of rendering it consistent with the provisions of the Indian rndopendeu.ce Act, 194-7, and of the Government of India Act, 1935, as applicable to the Dominion of India, ooiiRtrue the law with all such adaptations a,>> are necessary for the said purpose :

Provided that if any question arises legarding the adaptations with which such lawr should be construed for the said purpose, the question shall be referred to the Central Govornment if the law relates to a matter enumerated in List I or List III in tho Seventh Schedule to tho Government of India Ant. 1935, and to the Provincial Government in any other < a si, and the decision of that Govornment on any suoh reference, shall He iinal.

11. The Gonoral Clauses Aot, 1897, shall in its application to the Dominion of India, until repoaled or altered or amended by tho "Central Legislature, bo subject to the adaptations specified in the Sohodnle to this Order.

12. Tho provisions of this Order-shall not render invalid any- thing duly dono boforo the appointed day under an existing Indian law, and anything so done for British India or for parts thereof including territories thereafter included in tho Dominion of India gluill, as from the appointed day and until altered, varied or undone, havo effect as it it nad boen done after the appointed day for the wholo of tho Dominion of India or as the ease may be, for such territories thereof as aforesaid, by a competent authority and under and in accordance with the provisions then applicable to the case.

13. If by order" under seotion 9 of the Indian Independence Act, 1947, provision is made for authorising the continued oarrying •on for tho 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 new Provinoea of servioes or activities previously carried on under the authority of an existing Indian law on bohalf of British India as a wThole or on behalf of the former Provinces whioh those new Provinoes represent, then, notwithstanding anything herein oontain- ed, such law shall, as from the appointed day, or where the order under tho said section 9 is mado after the appointed day, as from the date of the making of the order, have offeot in its application to the Dominion of India according to the tenor of that order.

THE SCHEDULE.

(See Article Jl)

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 tho commencement of Part III of the Government of India Act, 1935, mean the Governor- General in Council or the authority competent at the relevant date to exercise the functions corresponding to those subsequently exer- oised 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 Dominion of India, mean, as respects matters with respect to which the Governor-General was by or under the provisions of the said Act then in force required to act in his discretion, the Governor General, and as respects other matters, the 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 124 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

(n) in relation to the administration of a Chief Commis- sioner's Province, the Chiof Commissioner acting within the scope of the authority given to him under sub- section (3) of section 94 of the said Act:" In clause (Sac), for "Federal" substitute "Dominion". In clause (9a) for "the Punjab" substitute "East Punjab". For clause (11), substitute :— "(11) 'Colony'— (a) in any Central Act passed after the commencement of Part III of the Government of India Act, 1936, shall mean any part of His Majesty's dominions exclusive of the British Islands, th&

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 ease where parts of those dominions are under both a oentral 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 tho 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 tho 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" ^hall 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 a Province or part thereof".

For clause (27) substitute :— "(27) "India" shall mean— (a) as respects any period bofore the establishment of the Dominion of India, British India together with all territories of any Indian ruler then under tho 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 teintories for the time being included in that Dominion :".

For clause (27a) substitute :— "(27a) 'Indian Law' shall mean any Act, Ordinance, Regulation, rule, order or bye-law which before the establishment of the Dominion of India had the forte of law in Biitish India or any part thereof, or thereafter has tho force of law in India or any part thereof other than an Acceding Stale, but does not include any A.t of Parliament or any Order-in-Connal, 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 Chiof 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 discretion, and exercising or not exorcising his individual judgment, aocording 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 exeoutive government in the Province in question :".

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

After clause (5fi) 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—la sub-section (1), omit " Federal Government " 'A Federal Railway Authority".

Section 5.—In sub-section (2), omit "or under section 32 of the Government of India Act, 1935".

Omit section 5A.

Section 30.—Omit "or ^section 43".

MOUNTBATTEN OF BURMA,

Governor-General.

K. V. K. SUNDARAM,

Officer on Special Duty.^

SECRETARIAT OF THE GOVERNOR-GENERAL

(REFORMS).

NOTIFICATION

' New Delhi, the 14th August, 1947

No. G. G. 0. 17.—The following Order made by the Gov- ernor- Gener.il is published for genera) information :—

THE INDIAN INDEPENDENCE (INTERNATIONAL

ARRANGEMENTS) ORDER, 1947

WHEREAS the agreement set out in the Schedule to this Order has beon reached at a meeting of the Partition Council on the Oth day of August, ] 947 ;

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

Now THEBKFOEE in exorcise of the powers oonferred upon him/fby section 9 of the Indian Independence Aot, 1947 and of all other' powers enabling him in that behalf, the Governor- General hereby orders as follows :—

1. This Order may be cited as tho Indian Independence (International Arrangements) Order¹, 1947.

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

.SCHEDULE

AGREEMENT AS TO THE DEVOLUTION OP INTERNATIONAL RIGHTS AND OBLIGATIONS UPON THE DOMINIONS OK INDIA AND PAKISTAN.

2. (1) Membership of all international organisations to- gether with the rights and obligations attaching to such mem- bership, 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 Finanoial Conference will be deemed to be rights or obligations attached to membership of the International 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 necessary to apply for membership of suoh international' organisations as it chooses 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 exclusive territorial application to an area comprised in the Dominion of Pakistan will devolve upon that Dominion.

4. Subjoot to Articles 2 and 3 of this agreement, rights and obligations under all international agreements to whioh 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 wiJl^if necessary, be apportioned between the^t w o2; Dominion s.

MOUNTBATTEN OF BURMA,

Governor-General.

K. V. K. SUNDARAM,

Officer on Special Duty.

SECRETARIAT OF THE GOVERNOR-GENERAL

(REFORMS) NOTIFICATION hew Delhi, the HtJi August, 1947

No. G. G. 0. 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 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 Indian Independence (Rights, Property and Liabilities) Order, 1947.

(l2) 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

lights in or over such property.

(2) Tht 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 cia.se, 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 month from the appointed day the State accedes to either of the two Dominions, 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, vest 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 Province; and

(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 of 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 Jlis Majesty for the purposes of that Province.

6. The Provisions of Articles 4 and 5 of this Order shall apply m relation to all goods, coins, bank notes and currency notes wnich 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 certain contractual rights, this Article shall apply to all property, other than land, goods, coins, bank notes and currency notes, which immediately before the appointed day is vested in His Majesty for V.e 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 a r e-

fa) 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. 8. (1) Any contract made on behalf of the Governor-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, be deemed to have been made on behalf of the Dominion of Pakistan instead of the Governor- General in Council; and

(b) in 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) it the contract is for purposes which as from that clay 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 Ea,3t Bengal, as the case 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 lights 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 n contract for purposes which, as from tbat day, are exclusively purposes of the Province of East Bengal," shall, as from that day, be deemed to have been mad.' 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) 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 of this Order applies.

9. 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, bo liabilities of the Province of East Bengal;

(c) in the ease 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

10. (!) Where immediately before the appointed day the Governor-General in Council is subject to any liability in respect of an actionable wrong other than breach 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 Tndia, 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 tind Pakistan.

(2) Wilt:IP immediately before the appointed day the Province of Bengal is subject fo am- 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 East Bengal, he 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 aa 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 anv 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 Ihe liability of either 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, rhat liability shall, as from the appointed day,—

(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;

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

(d) in 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-Genera] 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 tha 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 party 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 liabilitv of the Govern or-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 againsi that Province.

13. (1) Where by virtue of the preceding provisions of this 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 lhat that property or those benefits should be transferred or shared wifh the other Dominion, or with any other Province, as the cape 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 bv the principles laid down in any relevant decision of any of the bodies referred to in paragraph (2) of Article 4 of the Arbiti-.il Tribunal Order, 1947

MOUNT BATTEN OF BUJ^MA,

Governor-General.

K. V. K. SUNDARAM,

O'fficPr on Special Duty.

SECRETARIAT OP THE GOVERNOR-GENERAL

(REFORMS).

NOTIFICATION

New Delhi, the Uth August, 1947

No. G. G. O. 19.—The following Order made by the Governor-General is published for 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 Ordei is 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 specimen JII the Sixth Schedule to the Government of India (Provincial Legislative Assemblies) Order. 1936, as in force at the com- mencement of this Order;

"Last 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 appliep 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 aitpra- tion in the extent of that 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 uf the Bengal Legislative Assembly representing the Dacca Cm- 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 sitting 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 constituency

West Punjab constituency

Punjab Commerce and Industry. We^t Punjab Commerce and In-

dustry.

North Punjab Landholder

Rawalpindi Division Landholders

West Punjab Landho'deis

Multan Division Landholder.

(3) The sitting member of the Punjab Legislative Assembly representing the general rural constituency of Amritsar 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 o£ 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.

T HE S( JHEDULE

I, The Government of J7>did (Provincial Legislative Assemblies)

Order, 1936.

_ ^^— *

Paragraph

Part

Adaptations

10

I

For "Bengm" mibsthute "Enst Bengal" and for "tlie Punjab" substitute " West Punjab "

13 1

Omit " Indian".

14

Foi "BcngHj" substitute "East Bcngnl".

n

In Hub-pi JO graph (1), omit "or a H

21

• In sub-paragrapli (2) for "India" substitute

"Pakistan".

26

Omit.

Omit.

II

Omit.

III

Title For "Bengal" .substitute "East Bengu]'\

IV

1

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

stitute "Parts I to IV".

In mib-pamgrgph (4) for "All the Anglo-Indian European and Indian Christian constituen- cies" substitute "The Indian Christian Oone- tituenev". Omit tho words from "and, for the purpose of paragraph 8" to "Calcutta confititucncieH".

Omit.

4to6

Adaptations

Part Paragraph

Poi tho heading above paragiaph 8 mtd for

8 to 12

paragraphs 8 to 12, substitute :—

"Planting Seat.

"8(1). The sent to bo filled by a vepiesen- Uitive of the interests of planting riliall be filled by election in tho constituency spf-rifiiecl in 1-he. first column of tho table in Part- VI of the Fourth Schedule to this Order and tho extent of the constituency shall be us spoofied in the second column ot that table.

9. (I) Subject to the provisions of this Order, n person sihall be qualified to be included in tho electoral roll for the uaid constituency if he is a superintendent or manager of, or an ongineer or medical officer employed on, any loa estate in the coiibi ituen- cy in question.

(2) Notwithstanding anything in the last foregoing sub-paragraph, but subject to the other provisions of this Order, where a ten estate is owned otherwise than by a eor- pnrntion, the proprietor of the estate, oi where there are several co-proprietors, a oo-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 roll for the planting constituency in lien of the superin- tendent or manager of the estate :

Provided that no proprietor or co-pro- piietor shall so be included in an electoral roll, unleMH he has a place of residence in the

Province.

(3) The estates with less than seventy- five 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.

tph Adaptations

Part Paragi'a

10 A person nhall not be qualified to be chosen lo fill the planting seat unless he is included in the electoral roll for the consti- tuency."

13 Fm "Part VIII" substitute "Part VI".

15 In sub -paragraph (1), for "Burdwan and Presi- dency divisions" nubatitutc "Jessore, Nadia, ami Murshidabad districts" and for "Dacca, Rajshani ami (Jhittagong divisions" sub- stitute "Dacca division and that portion of the former Rajeha hi and Chittagong divi- sions which is within tbe Province of East Bengal". In Mib-paragraph (3), omit clause (a)

In sub-paiagiaph (1), for "Part I X" subsiitute 17

"Part VIT".

In sub-para graph (3) foi "Of those constituen- cies the constituencies mentioned in the first of the said tables" substitute " the constituencies mentioned in the. nai'd tables '

Omit bub-paragiaph (4).

In Mil)-poi(ifrjnji}i (1), o m it " C t i l i u t ia fvr".

18

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

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

20 In sub-paiagraph (1), omit "factory and colliery "

22 Omit "factory or colliery".

23 In Hub-paTfigrnph (1), for "Part I X" read

"Part VII"

24 Foi sub-paragraph (1) substitute "(1) At the tirst ;\ji(} every second aubsoquent general election, the seat shall be filled in the Sri- nvuigal eonBiituency and at the second and everv second •subsequent general election the neat shall b<= filled in the Lungai Valley constituency".

Part

Adaptations

Paragraph

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

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

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

For "India" substitute "Pakistan".

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

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

Omit.

V

VI

Titlo For "Puirjub" substitute "Wet-t I\ njab"

After sub-paragraph (3), insert :•—

"(4) The definitions in Parts I and II of the Sixth Schedule to this Oidei of the ex- "tent of u, rural constituency by a reference to a division or district 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 name communal description."

4 Omit.

Part

Paragraph Adaptation

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

eleotoral roll for that oonstituenoy ".

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

" Pakistan ".

Omit

VII

Omit.

vni

Omit.

IX

Omit.

XI

1

XII

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

substitute " Parts I to I II ".

Omit:

5

Adaptation

Schedule

Omit.

II

Omit.

in

Sohedule Adaptation

IV For this Sohedule substitute :

" FOCTRTH SOHBDTJLE-

EAST BENGAL CONSTITUENCIES.

I.—GENERAL OONSTITD-BINOIHS.

Name of

Extent of Constituency

No. of Seats.

Oonstiuenoy

Scheduled oastea seats.

(i) Urban-

I • •

The iMunioipaliti"8 of the Nadia, Murshidabad and Jessore Dis- triots.

1

Preaidenoy Division Munioipal. North Bengal

Munioipal.

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

1 • * East Bengal Munioipal.

Th'i Munioipah'tiea of theDaooa, Faridpur and Bakarganj dis- triots and of the Chittagong Division.

(ii) Mural.

1

2

The Nadia distriot exoluding

Nadia .

munioipal areas.

1

2

The Murshidabad district ex-

Murshidabad

oluding munioipal areas.

1

2

The Jessore distriot exoluding

Jessore

munioipal areas.

1

The Rajshahi distriot exoluding

Rajshahi

munioipal areas.

1

2 Malda .

The Malda distriot exoluding

munioipal areas.

2

3 Dinajpur The Dinajpur distriot excluding

munioipal areas.

2 Rangpur

3

The Rangpur distriot exoluding

munioipal areas.

1

The Bogra and Pabna dietriot ex-

Bogra cum Pabna.

oluding munioipal areas.

EAST BENGAL

Name

of

Extent of Constituency.

Scheduled castes seats.

No. of seats.

Constituency

(it) Rural—contd.

2

1

Daooa East . The Sadar and Narayanganj sub- divisions of the Daooa district exoluding munioipal areas.

1

Daooa West . The Manikganj and Munshiganj sub-divisions of the Daooa dis- trict.

2

Mymensingh

I

West.

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 Mymensingh district exoluding munioipal areas.

Mymensingh

2

U

East.

The Netrakona and Kishoreganj sub-divisions and the Halua- ghat, Phulpur, Nandail and tswarganj polioe-stations of the Sadar sub-division of the Mymensingh district excluding munioipal areas.

Faridpur

The Earidpur district exoluding

2

3

munioipal areas.

2

Bakarganj.

1

South-Weat

Bakarganj.

1

North-East

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

2

The Tippera distriot exoluding

I

Tippera

municipal areas.

1

Noakhali The Noakhali distriot excluding

—

munioipal areas.

The Chittagong district excluding

1

Chittagong .

—

munioipal areas.

Sunamganj . The whole of Sunamganj sub-

2

1

division,

Habiganj

2

1

Lakhai, Nabiganj, Baniyaohung

•(North).

and Ajiniriganj thanas.

EAST BENGAL

Soheduled

Exbont of Consfcituonoy,

oastes seats.

No. of seats- Name of Constituonoy.

Rural—oontd.

—

¹

Habiganj, Madhabpur, Chunari-

Habiganj

ghat and Bahubal thanas.

]

MauM Bazar, Srimangal and

(South). South Sylhet

—

Kamalganj thauas.

(West ,

^{1 1}

1 2

¹

II.—^MtTHAMMADAN CONSTITUENCIES.

¹

it

EAST BENGAL

Extent of Constituency.

Name of Constituency.

No. of seats.

(ii) iiwrai—-contd.

^{1 1 1 1 1 1 1 1}

^{1 1}

¹

¹

EAST BENGAL

Name of

Extent of Constituency.

Constituency.

No. of seats.

(ii) Rural—contd.

1 Dinajpur Central-

Eaat,

The Ghirirbandar, Parbatipur, Nawabganj and Ghoraghat polico-stationa of the Sadar sub-division of the Dinajpur district.

1 Dinajpur Central-

West.

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

1

The Nilpharnari sub-division of the Nilphamari

Rangpur district

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

1 Rangpur South

1

Tho Kaunia, Pirgacha, Mitapokhur and Pirganj police-Htations of the Sadar sub-division of the Rangpur district. The Bburangamari, Nageswari, Fulbari, Kurigaon North .

i Kurigaon South ,

Lalmonirhat and Kurigaon polioe-sta- tions of tho Kurigaon sub-division of the Rangpur district. The Ulipur, Chilmaii and Rangamari police-stations of the Kurigaon sub- division of the Rangpur district.

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

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

1

The Shariakandi and Gabtali poh'oe- Bogra East

stations of the Bogra district.

I

The Bogra, Sherpur and Dhunot police- Bogra South.

stations of the Bogra district.

1

TheSibganj, Khetlal and Panchbibi police- Bogra North.

stations of the Bogra distriot.

EAST BBNGAI*

Extent o Constituency

No. of Seats Namo of Constituency

(ii) Rural—contd.

1 Bogra West

The Kahalu, Dupchanchia, Joypurhat and Admadighi police-stations of the Bogra distriot.

1

Pabna East

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

1

Pabna Wflst

The Chutmohnr, Atgharia, Pabna and Sara police-stations of the Nadar sub-division of the Pabna district,.

1

Serajganj South . The Shahzadpur, Chauhali and Belkuchi police -stations of the Serajganj sub- division of the Pabna distriot.

1

Serajganj North . Tho Serajganj and Kazipur polico-Htationa of the Serajganj sub-division of tho Pabna district.

Serajganj Central^ The Kamarkhanda, Ullapara, Eaiganj J

and Taraa police-stations of the Reraj- ganj sub-division of the Pabna district.

1

Malda North

The Kliarba, Harishchandiapiir, llatua, Mariikrhak, Gajolo, Malda, Barnangola, HabibpuT, English Bazar and Bholahat police-stations of the Malda district.

]

Malda South

The Kaliachak, Sibganj. Nawabganj, Nflchole and Gomastapur polioe-stationa of the Malda district.

1

Narayanganj South.

The Eatulla, Narayanganj, Baidyabazar and Eupganj police-stations of the Narayanganj sub-division of the Dacca district excluding municipal areas.

Narayanganj East

1

The Araihazar, Narsingdi and Sibpur police-stations of the Narayanganj sub- division of the Dacca district.

Narayanganj North

1

i The Monohardi and Raipura police- stations of tho Narayauganj sub-division of the Dacca distriot.

EAST BENGAL

Mxtend of Constituency

Name of Constituency

No. of Seats

(ii) Rural—oontd.

Munshiganj

1

Tho Munshiganj, Tangibari andLohajang polioe-sL.itions of the Munshiganj sub- division of the Dacca district.

Daoca South Con-

1 fcral.

The Serajdikhan and Srinagar police- stations of Lho Munshiganj sub-division and the N"avvabganj and Dollar police- stations of the Sadar nub-division of the Dacca dinUiot.

Manikganj East .

1

1 Manikganj West .

The Mani kjianj, fjhioi ami tSaiuria police- stations of the Manikganj sub-division and the Dhamrai police-stations of the Sadar nub-division of the Dacca district. The Singair, Daidatpur, Sibalaya and tfarirampui j)olice-stations of the Alanikganj s 'i-division of the Dacca district.

Dacca North

1 Central.

The Kaliakoir, KiripTir, Kaliganj and Kapatiia police-atations of the Sadar sub-division of the Dacca district.

I Daooa Central The Sablmr, Tezgaon, Lalbagh, Kerani- ganj and Joydebpur police-stations of the Sadar sub-division of the Daooa dintrirt excluding municipal areas.

1 Jamalpur liaat . Tho Nalitabari, Nokia and Sborpur pohce- stations of the Jarualpui sub-division of the Mymensingh difetriot.

1 Jamalpur North . The Sribardi, Dewangaiij and Ialampur polioe-stations of tho Jamalpur sub- division of the MyTuonsingh district.

1 Jamalpur West , The Molandaha, MadaTganj and Sarishabari policc-stn(,ioii3 of the Jamalpur sub-

1 Jamalpur cum Mul<

tagacha.

division of Hie Mymonsingh district. - The Jamalpur police-station of the Jamal- yrar sub-division and tho Muktagacba police-station of the .Sadar sub-division of the Mymenuingh district.

1 Mymenaingh Nort] li Tho Holnnghat, Phulpui and Kotwali polic(i-3tations of the Sadar sub-division of the Mymensinph district.

EAST BENGAL

Kxtont of Constituency

Name of Constituency

No. of Seats

(ii) liutal—contd.

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

1 Mymensingh South Tho (4nffargaon andBhaluka police-stations of tho Sadar sub-division of the Mymen- fingh district.

1 Mymenaingh Weat The Phulbaria and Tribal police-stations of the Sadar sub-division of the Mymensingh district.

1 Tangail South The Nagarpur, Mirzapur and Basail polioe- atations of the Tangail sub-diviflion of the Myraenaingh district.

1 Tangail West

Tho Tangail and Kalihati polico-stations of the Tangail sub-division of tbo Mymen- oingh distriot.

1 Tangail North Tho Ghatail, Madhupur and Gopalpui' poh'ce- stations of tho Tangail sub-di vision of the Mymenaingh district.

1 Netrakona South The Kendua, Madan, Khaliajuri, Mohan- ganj and Atpara police-stations of the Netrakona sub-division of the Mymon- singh district.

1 Netrtikona North. Tho Durgapur, Kalmakanda, Purbadliala, Barhatta and Netrakona police-stations of tho Netrakona aub-diviaion of tho Mymonsingh district.

1 Kishoreganj South The Hoasainpur, Pakundia and Kathiadi police-stations of the Kiahoroganj sub- division of the MymoiiHingh diatrict.

1 Kishoreganj North

1 Kishoreganj East.

The Kishoroganj, Karimganj, Tarail aiid It.Ua police-stations of the Kishoreganj sub-division of the Myniensingh district. The A.siagram, Nikli, Bajitpur, Bhairab* bazor and Kuliarchar jiolice-statioTw of tho Kishoreganj nnb-division of the MymenHingh district.

1 Tlio (iopalc;anj sub-division of tho JAiridpur

Gopalganj .

distiict.

EAST BENGAL

Extent of Constituency

No. of Seats.

Name of Constituency

(ii) Rural—eontd.

¹

The Goalundo sub-division of the Farid- Goalundo .

pur district.

¹ Faridpur East ^{1 1} IT

^{1 1 1 1}

EAST BENGAL

Extent of constituency.

Namo of

N o .o f Seat 3 .

Constituency,

(ii) Mural—contd.

1

Bhola North

The Bholn and Daulatkhan police-stations of the Uoksjiin Shabazpur Mib-divisiou of the Bokargtmj district.

1

Bhola South

1

Brahimmbaria

North.

1

The Baranadi, Tazumaddin and LaJmohnn police-wtptions of thn Dukshin Khabuzpur Mub-divinioji of the Bnkarganj di.stiict. The Nasirnagar, Snrnil and Brahmanbuiia police-stations of the Bi'ahmanbaria Hiib-drvipinn of t]ip Thipcra district. The Btmcliaramjnir and Nfibinagar pohce-

Brahma nbaria

South.

stationu of the Brahmanbaria sub-division of the Tippera district.

1

Tippera North -

East

The Kasha poliec-Btation of the Brahman- baria sub-diviwion and the Burichang pohce station of the Sadar sub-divieion of the Tippera dintrict.

1

Tippera North TJie Debiduar and Muradnagar pobce- Htntions or the NadiT Hub-division of tjio Tippera district.

1

Tippera West

The Hr>rnn.a and J)audkandipolice-statiotis ot the Sadar snlwiivipion of the Tippera district.

]

Tippera Central . Tho Chandina and Comilia police-stations of the Sadar Hub-divieion of the Tippeia district.

1

Tippera South The Lakaam and Chaudagram police- stations of tho Radar sub-division of the Tippera district.

1

Chandpur East . The Hajiganj and Kachua polioe-stations of _ the Chundpur sub-division of the Tij)}>era district.

1

Chandpur West . The Chandpui and Faridganj ])oh'ce-&tations of the Ohandpur Hub-di vision of the Tip- pera district,

1

Matin bbazar .

1

Noakhali North .

The Matlabbazarpolifc-station of the Chand- pur sub-dh ision of the Tijtpera distrit t. Thfc Begamganj and Senbagh policc-staf lone of the Sadar sub-division of the Noakhali aistriot.

EAST BENGAL

Extent of Constituency,

Name of

-No. |of tSeate.

Constituency.

{ii) Rural—contd.

1 Noakhali Central The Sudharam and Companyganj polico- utations of the Sadar sub-division ana the Soruigazi police-station of the Feni sub- division of the Noakhali district.

1 Rmnganj cum,

Raipur.

The Raniganj and Raipur police-stations of the Sadat sub-diviwion of the Noakliaii district.

1 Noakhali We si The LakhHhniipur and Ramgati policc- stations oftlie Sadar sub-diviwion ol'the Noakhah district.

1 Noakhali South . Tlio Hatiya andHsmlwip pojico-dtaticnisof the iSador nub-division of the NoaLbali dibtrict.

'

1 Feni

The Feni, Pashuram and Chhagalnaya polico-stations of the Feni sub-division of the Noakhali district.

The Cox's Bazar sub-division of the Chitta- 1 Cox's Bazar

gong district.

1 Chittagong South Tho Satkania, Banskhali andAnwara police- stations of the Sadar sub-division of the Chittagong distriot.

1 Chittagong South-

Central.

The Patiya, Boalkhali and,Rangania 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 the sadar sub- division of the Chittagong distriot. The Sitakund, Mixsarai, Chittagong, Double Moorings, and Paohalais police- stations of the Sadar sub-division of tho Chittagong district.

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

1 1 Sunamganj (West) Sunamganj (Cen-

tral).

Ohhatak thnua . . . ..

1 ]

I Derai and Jagannathpur thanas

1 Sunamganj (East) Sunamganj (Souths Habiganj (North- Baniyachung and Ajmiriganj thanas

.West).

EAST BENGAL

Extent of Constituency.

Name of Constituency.

No. of 3eat8.

I

(ft) Rural—oontd.

Habiganj and Nabiganjjrhanas

1

Habiganj (North-

East).

Habiganj (South- Lakhai and Madhabpur tjianas

1

West).

Habiganj (South-

1

Chunarigliat und Bahnbal thanas

East).

South Sylhet Maulvi Bazar and Sriinangal thanas

1

(West).

South Sylhet

1

Rajnagur and Kamalganj thanas

(Central).

1

South Sylhet (East*) Sylhot ' Sadr

\ 1

(Central).

Kulaum thana . Tart of Sylhot Sadr thana containing Chaukidari Circles Noa. 1— 4] and 51— 55 (inclusive) including the Municipal area.

Sylhet Sadr

1

(North).

Gowaingha/t and Jaintiapnr thanas phis the North of EH stern half of Kanairghat thann containing Chaukidari Circles NOR. ]—12, 16—20 and 32—34 (inrliwive]

i.

Sylhet Sadr

(West).

Sylhet Sadr

i 1

(East).

Part of SyDiet Sadr thann containing Chaukidari Circles Nos, 42—50 and 56—67 (inclusive) andBiswanath thana. Golabganj thana plus the South Western of Kanairgliat thana containing Chauki- dari Circlos Nos. ]3. 14 and 21^31 (in- clusive).

Sylhet Sadr Balaganj and Fenchuganj thanas

1

(South).

Karimganj (West) Karimganj (Cen-

tral).

1 3 1 1

Jaldhup thana . Karimganj thana less Chaukidari Cirolei Nos. 22—28 (inclusive), 61, 02 anc 64—68 (inclusive).

Karimganj (South ) Badarpur, Ratabari and Patharkan di ] thanas plus the following Chaukidar i Circles of Karimganj thana :-—NOH. 11— 28 (inclusive), 61, 62 and 64—68 (in elusive).

E A ST B E N G AL

III- -WOMEN'S CONSTITUENCIES

No. of

Extent ot Constituency.

Name of CJonntitueiioy.

Heats.

(i) General Urban-

1 Daooa (General) .

The Municipalities in the Daooa district

(ii) Muhammadan Urban.

1

The Municipalities in the Daooa District

Daooa (Muham-

mad n,nl.

TABLE IV—Omitted

TABLE V—Omitted

VI—INDIAN CHRISTIAN CONSTITUENCY.

  Daooa
 Division             The  Dacca  Division                             1
                      VII  -PLANTING  CONSTITUENCY.
 Eitf,  Bengal       The  district  of  SvUiet                        1
   Planting.
                 VIII—LANDHOLD ERS  CONSTIT UfflNOIES.
Rajshahi     Land-    AH districts  not  included  in. the  Dacca  or 1
  holder a.            the  ChittagoxiK  divisioiiH.
Daooa. Lundholdorw   The  Dacca  DiviHionT! lr^5?.                    1
ChifctagoiKS  Land-  The  Chittagung  Division  excluding  the        1
  holdors.             the  Chittagong  Hill  Tracts.

EAST BENGAL

IX—L-ABOuft CONSTITUENCIES

Extent of Constituency

Name of

Constituency

No. of Seats

(i) Trade Union Labour

]

Registered trade unions of railway workers

Railway Trade

operating in the Province.

Union.

1

Registered trade unions of water transport

workers operating in the Province.

Water Transport Trade Union.

(ii) Tea Garden Labour

(First flection)

le 1

All gardens within the jurisdiction of tl

Srimangal police-station,

Srimangal (Dis- triot Sylhet)

(Second election)

1

Longai Valley (District Sylhet)

All gardens in the Longai Valley, within the jurisdiction of the Patharkandi pojice-station.

X—UHiVEBsrrr CONSTITUENCY

U n i v e r s i ty . N o n - t e r r i t o r i al . . .. 1

S c h e d u le

A d a p t a t i o ns

O m i t.

V

Sohedule Adaptations

VI For this Schedule substitute

" SIXTH SCHEDULE "

THE W E ST PUNJAB CONSTTTUEITOIEB

I —GENERAL CONSTITUBNOIHS

Name

Extent of Constituency

of

Constituenoy

No. of Seats

Sohe- duled Castes Seats

(i) Urban

The Municipality and cantonment of

1 Lahore City.

Lfthoro.

1 North-Eastern

Towns.

The inunioipalitiefl of Chunian, Kaeur, Patti, Baghbanpura-cwm-Bhogi- wal, Batala, Giuxlaspur, Pathan- kot, Dalhousie, Sialkot, Pasi'ur, Wazlrabad, Hufizabad, Gujran- wala, 8heikhupura and Nankfina Sahib ; the oantonmenta of Bahin, Bakloh nnd Sialkot ; the small towns of Mandi Pattoki, and Hardo Daska ; and the Civil Lines of Gurdaspur-

1 North-Western

TownB.

The Muiiioipalitiea of Gujrat, Jalal- pur Jattan, Bhera, Sargodha, Sahiwal, Khushab, Jhelum, Chakwal, Pind Dadan Khan, Rawaljiindi, Murree, Hazro, Campbellpur, Pindigheb, Mian- wali, IaakhoJ, Kalabagh, Jhang- Maghiana and Chiniot ; tho oantonments% of Jheluni, Rawal- pindi, Murroo,' Campbellpur and Attook; and the notified area of Gujrat Civil Lines.

1 South-Westem

Towns.

The municipalities of Pakpatan, Montgomery, Okara, Kamalia, Gojra, LyaUpur, Multan, Khene- wal, Muzaffargarh, Leiah, Dora Ghazi Khan and Jampur; the cantonment of Multan ; and the Civil Lines of Muzaftargarh .

W E ST P U N J AB

Extont of Constituency

No. of Se as

Name of Constituency

Sche- duled Castes Seats.

(it) Rural

¹

2

The Lahore, Gujranwala, Sialkot

West Lahore

and Sheikupura distriote

  Division.
Gurdaspur  .                                             1   —
Rawalpindi  Divi-                                        1   —

Tbe Gurdaspur distriot .

The Rawalpindi Division

sion.

2 ¹

¹

II—MtTHAMMADAN COTSTaTITTTEITOIES

1 1

W E ST P U N J AB

No. of Seats.

Extent of Constituency. i _ Name of Constituency.

(i) Urban—contd-

1 Rawalpindi Di- vision Towns.

Multan Division

1 Towns.

The municipalities of Gujrat, Jalalpur Jattan, Bhora, Sargoclha, Sahiwal, Khushab, Jhelum, Ohakwal, Pind Dadan Khan, Rawalpindi, Murree, Hazro, Campbellpur, Pindighob, Mian- wali, Isakhel and Kalabagh; the contonments of Jhelum, Rawalpindi, Murree, CampbeDpur and Attook; aud tdo notified area of Gujrat Civil Lines. The municipalities of Pakpattan, Mont- gomery, Okara, Kamalia, Gojra, Lyallpur Jhang-Maghiana, Chiniot, Multan, Khanewal, Muzaffargarh, Leiah, Dera Ghazi Khan and Jampur ; the cantonment iof Multan ; and the Civil Line of Muzaffargarh.

(it) Rural

The Lahore tahsil of the Lahore district . The Chunian tahsil of the Lahore distsiot . The Kasur tahsil of the Lahoro dis-

I 1 1 Lahore Chunian Kasur

trict.

1 Gurdaspur East . The Gurdaspur and Pathankot tahails

of the Gurdaspur district.

1

The Batala tahsil of the Gurdaspur Batala

district.

1 Shakargarh

The Shakargarh taheil of the Gurdas-

pur district.

Sialkot North ,

I

The police station areas of Phuklian, Chaprar, Sialkot and Sambrial of the Sialkot distriot.

Sialkot Central .

I

The polioe station areas of Daska, Pasrur, Satrah and Nidoke of the Sialkot district.

I Sialkot South . The polioe station areas of Phillaura, Zafarwal, Qila Sobha Singh, Narowal and Raya of t he Sialkot distriot.

1 Gujranwala North. The Wazirabed tahail and the polioe station area of Qila Dider Singh of the Gujranwala district.

1 Gujranwala East. The Gujranwala tahsil (excluding the police station area of Qila Didar Singh) of the Gujranwala district.

W E ST PUNJAB

No. of Seats

Extent of Constituency.

Name of Constituency.

(ii) Rural—contd.

¹

The Harlzabad tahsil of tlio Gujranwala

Hafizabaci .

district.

JMll'.l dlNtlU't.

¹

¹

¹

¹

¹

¹

¹

¹

¹

¹

¹

1

¹

¹

irict.

¹

W E ST P U N J AB

Nam" of

Extent of Constituency.

Constituency.

No. of Seats.

(it) Rural—oontd.

1

The Murree and Kahuta tahsils of the Rawalpindi EaBt

Rawalpindi district.

1 Attock North

The Attock taheil, the Bahtar zail of the Fatehjang tahsil and the Nara Jalwal and Basal zails of the Pindigheb tahsil ot the Attock district.

1 Att"#k Central .

T Attock South

The Fatehjang tahsil (excluding the Bahtar zail) and the Dandi, Kamiial, KJiaur, Khunda Kamalpur, Khunda Thatti Nur Aliraad Shah and Pindigheb zails of the Pindigheb tahsil of the Attock district. The Talagang tahsil and the Jand, Narrah, Makhad and Maira za ils ot the Pindigheb tahsil of tke Attock district.

J Mianwali North . The Tsakhel and Mianwali tahsils of the Mianwali district excluding the police station area of Piplan and the Wan Bhachran zail.

1 Mianwali South . The Bhakkar tahsil, the police station area of Piplan and the Wan Bhaohran Zail of the Mianwali district.

1

The Montgomery tahsil ol the Montgomery Montgomery

district.

1

I

The Okara tahsil of the Montgomery distriot The' Dipalpur tahsil of the Montgomery Okara Dipalpur

district.

I

The Pakpattan tahsil of the Montgomery Pakpattan

district.

The Lyallpur tahsil of the Lyallpur district The Ramundri tahsil of the Lyalljrar district The Toba Tek Singh tahsil of the Lyallpur

1 1 1 Lyallpur Samundri . Toba Tok Singh .

district.

The Jaranwala taheil of the LyaUpur 1 Jaranwala .

district.

I

The police station ureas of Chiniot, Lalian Jhang East

and Bhowana of the Jhang distriot.

1 Jhang Central The police station areas of Jhang Sadr, Kotwali (rural), Qadirpur, Moohiwala and Barana of the Jhang distriot.

1 Jhang West

The police station areas of Shorkot, Garb. Maharaja, Atharan Hazari and Masan. of the Jhang district.

WEST PUNJAB

Name of Constituency

Extent of Constituency

No. of Seats

(it) Rural—oontd- The Multan tahsil of the Multan district. The Shujabad tahsil of the Multan district. The Lodhran tahsil of the Multan district. The Mailei tahsiJ of the Multan district. The Khanewal taheil of the Multan district The Kabirwala tahwl of the Multan distriot The Muzaffargarh tahsil of the Muzaffar-

1 1 1 1 1 1 1

Multan Shujabaxl . Lodhran Mailsi Khanewal . Kabirwala . Muzaffargarh Sadr.

garh district.

1

Alipur

The Alipur taheil of the Muzaffargarh

district.

/

1

Muzaffargarh

The Kot Ada and Leiah tahsils of the

North.

Muzafftirgarh district.

1

Dera Ghazi Khan The police station areas of Vehoa, Eetra, Taunea, KaJa, Batil and Dera Ghazi Khan Sadr of the Dera Ghazi Khan district.

1

Dera Ghazi Khan

Central.

The police station areas of Drahman, Kot Chutta, 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 district.

WEST PUNJAB

III—SIKH CONSTITUENCIES.

Extent oi Constituency

Name of Constituency

Ko.of Seats

(i) Urban.

1 Western Towns . The municipalities of Batala, Gurdaspur, Pathankot, Dalhousie, Sialkot, Pasrur, Chunian, Lahore, Baghbaiipiira-citm- Bhogiwal, Kasur, Patti, Wazirabad, Hafizabad, Gujranwala, Sheikhupura, Nankana Sahib, Gujrat, Jalalpur Jattan, Bhera, Sargodha, SahiwaJ, Khuahab, Jhelum, Chakwal, Pind Dadan Khan, Rawalpindi, Murree, Hazro, Canipbellpur, Pindigheb, Mian- wali, Tsakhel, Katabagii, Pakpattan, Montgomery, Okara, Kamalia, Gojrii, Lyfillpur, Jhang-Maghiana, Chiniot, Mull an, Khancwfil, Muzaffargarh, Leiah, Dera Ghazi Khan and Janipur ; the runtonmenffl of Balun, Bakloh, Sialkot, Lahore, Jhelum, Rawalpindi, Mnrree, Carapbeilpur, Atlook and Multati; ill(5 notified area of Gujrat Civil Lines ; the small towns of Hardo Daska, and Mandi Pattola ; and the Civil Lines of Gitrdaspur and Muzaffar- garh.

(ii) Rural.

> West The Ltihore and Chunian tahaiis of the 1

Lahore district.

Kasur Gurdaspur North

The Kamir tahsil of tlie Lahoie district The Gurdaspur, Pathankot and Shal^argarh

1 1

tahf-ils of the Gnrdaspur district. Batala Sialkot Gujranwala and

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

1 1 1 Shahdara.

tahsil of the Sheikhupura district.

WEST PUNJAB

No. of Seats Nanv* of Const iluenoy

Extent of Constituency

(n) Rural—contd.

1 Sheikh upum Weat The Sheikh upuia, and Nankana Kahib tuhailw of tJio tSheikhupimi diMtrici.

1 Oujrnt and Shuli- The (Jujrat mid WlLuhpur diHtricts

pur

1 The Jlieluni Rawalpindi, Altock and Mian-

wali di^tricth.

Noitli-Weaf Punjal).

1 Montgomery East Tho Okaia, l)i])til])iir and Pakpattan taliHily ivf the Montgomery dial rid.

] The L\allpur and Toba Tek Singh tahails

Lynllpur Went

ot the Ljullpui diatnet.

1 Lyallpur Eaafr The Sumundri nnd Jaranwala tah&ils of

the Lyallpur diHtiict.

1 South-West Punjab.

Tlie Jhaiisf, Multan Muzaffaigarh and Dear (Jhazi Klinn diHtrieiH and the Montnompry tah^ilH of t]ie llcjntponien (JisTitict

TV- WOMEN'S CONSTITUENCIES.

Extent of (Constituency

No. of Seats Nauio of Constituency

(i) General Urban.

1 Lahore City The municipality and cantonment of Lahore

General.

(ii) Muliammadan Urban.

1 Lahore City within the Circulai R ed

] fnnor Lahore Muhammadan. Outer Lahore Muhammadan.

Tho municipal area of Lahore, outside the Circular Rood, the cantonment ot Lahore and the municipality of Baghban- pura-cwm-Bhogiwal.

WEST PUNJAB

V.—ANGLO-INDIAN CONSTITUENCY.

Extent ot f onstituency

No. of Seats Name ot Constituency

1

The West Punjab . . ..

Amrlo -Indian

VII.—INDIAN CHRISTIAN CONSTITUENCIES.

Extent of Constituency

Name of Constituency

No. of Seata

1 East Central Tlio Lahore, Gurdanpur and Kialkot districts

Punjab.

1 West Central

Punjab.

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

VIII.—COMMEBOm AND INDTJSTBY CONSTITUENCY.

Extent of Constituency

Name of Constituency

No. of Seata

1 West Punjab Commerce and Industry.

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

IX.—LANDHOLDEBS CONSTITUENCIES.

Extent of Constituency

JN . . of S e a tH Name of Constituency

]

The Gurdawpur, Lahoio, Sialkot, Shoikhu-

pura and G-ujranwala districts.

1

Tho Rawalpindi Division

Lahore Division Landholders. Rawalpindi Divi-

sion Landholders

I

The Multun Division . . ..

Multan Division Landholders.

1

The West Punjab

Tuhiandara

X.—LABOUB CONSTITUENCIES.

Extent of Constituency

No. c Name of Constituency

Seate

(i) Trade Union Labour.

1 Trade Union

The North-Western Railway Union .

(ii) Non-Union Labour.

1

The Gurdaspur, Rawalpindi and Attook North Punjab

districts.

WEST PUNJAB

XI—UNIVEBBITY CONSTITUENCY.

Extent of Qonstituenoy.

Name of Constituency

No. of Seats

1 University

Non-territorial .

Adaptations

Schedule

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" substitute " East Bengal" Omit Parts I and II of the Schedule.

In Part III of the Schedule for "Bengal" substitute "Bast Bengal". After "througliout the Province" insert "except Sylhet dibtiict".

Add the ibUowing new paragraph :—

"2. Scheduled oastea in the Sylhet diatrict :—

Mali, or Bhuimali Sutradhar Kaibartta or Jaliya [)hupi, or Dliobi Muchi Lalbegi

Dugla, or Dholi Patni Mehtar, or Bhangi Jhalo ami Malo Namasudra Bansphor Mahara

Omit Part IV. In Part V of the Schedule for "Punjab" subatituto"West Punjab" Omit Parts VI, VII. VIII and IX cf the Schedule.

MOUNTBATTEN OF BURMA,

Governor-General.

K. V. K. SUNDAE AM,

Officer am Special Duty,

SECRETARIAT OF THE GOVERNOR-GENERAL

(REFORMS).

NOTIFICATION

New Delhi, the Uth August, 1947

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

THE PAKISTAN (ADAPTATION OF EXISTING PAKISTAN

LAWS) ORDER, 1947.

WHEREAS 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 pj ovided in the Baid Act, tho law of British India and of the several parts thereof existing immediately before the appointed day shall, so far as applicable and with the necossary adaptations, continue as the law of each of the new Dominions and the several parts thereof, until othor provision is made by laws of the Legislature of the Dominion in question or by any other Legi&latuio or other authority having power in that behalf:

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

Now THEREFORE 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 Pakistan (Adaptation of Existing Pakistan Laws) Order, 1947.

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

2. (1) In this ordei—

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

" existing Pakistan law " means any Act, Ordinance, Regula- tion, rule, ordor 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 date form the territories of the Dominion of Pakistani, but does notinolude any Act of Parliament, or any Order in Council, rule or other instrument made under an Act of Parlia- ment, or the General Clauses Aot, 1897,

(2) The General Clauses Act, 1897, applies for the interpretation •£this Order as it applies for the inteipretation of a Central Aot.

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

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

(2) Without prejudice to the genoral effect of the preceding paragraph, relbrenoes in any existing Pakistan law to " the whole of British India " (or " British India "), to " Bengal " and to " the Punjab " shall, exoept 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 roquires, bo replaced by references to " all the Provinces of Pakistan ", to " East Bengal " and to " West Punjab ", respectively.

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

(a) if the reference be to the High Court of Judicature at Port 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 words in an existing Pakistan law signifying that the 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 functions of the 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 tho Crown Representative shall be omitted or cons- trued as references to the Central Government as the oontext may require.

8. Any reference 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 an existing Pakistan law to a tribunal, authority, officer or official body whose jurisdiction or authority immediately before 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 Pakistan, or

(b) to the whole of the Provinca 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 said day fall partly within the Province of Assam and partly within the Province of East Bengal, or

(c) to the whoJe of the province of" the Punjab or over parts of that Province which on the said day fall partly with in the Province of East Punjab and partly within the Pfovince of West Punjab,

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

(2) For the purposes of this Article, the expression "appro- priate Government" 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, the Provincial Government of East Bengal or West Punjab, ae the case may be,

10. Any court, tribunal or authority required or empowered to enforce an oxisting Pakistan law shall, notwithstanding that this Order makes no provision or insufficient provision for the adap- tation of the law for tha purposo 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 arc- necossary for the said pur- pose :

Provided that if any question arisos regarding the adapta- tions with which suoh 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 Schedule to the Government of India Act, 1935, and to the Pro- vinoial Government in any other oase, and the deoision of that Government on any such reference shall be final.

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

12. The provisions of this Order shall not render invalid any- thing duly dono 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 altered, 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 accordance with the provisions then applicable to the case.

13. If by order under section 9 of the Indian Independence Act, 1947. provision is made for authorising the continued carry- ing on for the time being on behalf of the new Dominions or on be- half of any two or more of the Provinces therein referred to as th& 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 which those new Provinces represent, then, nothwithstanding 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.

(SEJC ARTICLE 11).

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

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 olause (8ab) substitute :— " (8ab) " Central Government " shall— (a) in relation to anything done before the commencement of Part III of the Government of India Aot, 1935, mean the Governor* General in Council or the authority competent at the relevant date to exeroise the functions corresponding to those subsequently exer- oised by the Governor-General;

(b) in relation to anything done after the oommencement of Part III of the said Act, but before the establishment of the Federal tion of Pakistan, mean, as respeots 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 respeots other matters, the Governor-General in Council; and

(c) 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— (i) in relation to funotions entrusted under sub-section (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 acting within the scope of the authority given to him under sub-section (3) of section 94 of the said Act: "

In clause (9a), for " the Punjab "substitute "West Punjab". For clause (10) substitute "(10) ''Collector" shall mean the Chief Officer in charge of the revenue administration of a Dis- trict : "

For olause (11), substitute :—

" (11) * Colony '— (a) in any Central Act passed after the oommencement 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 exolusive of the British Islands and of British India ; and in either case where parts of those dominions are under both a oentral 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 oonneotion " substitute " made before the fifteenth day of August, 1947 in oonneotion ".

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

In clause (14e), for " t he 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 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 olause (16a) insert— " (16b) " East Bengal Act " shall mean an Aot made by the Provincial Legislature of East Bengal under the Government of India Act, 1935:".

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

For olause (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 ruler than under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian ruler, and the tribal areas ; and

(b) as respeots any period after the establishment of the Federa- tion of Pakistan, all territories for the time being included in the Dominion of India :". Omit olause (27a). In olause (27b), omit " not being part of British India ", and for " His Majesty ", substitute " the Central Government ".

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

For olause (43aJ substitute :— " (43a) " Provincial Government "—• (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, 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

(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 :".

3n clause (45), for " Britiah India " substitute '' a Province '*. After clause (56) insert:— L' West Punjab Act " shall mean an act made by the Provincial Legislature of West Punjab under the Government of India Aot" 1935".

/Section 4A.—In sub-section (J), omit " Federal Government", " Federal Railway Authority " and " Indian law ", after " official Gazette " insert'¹ Pakistan law ", and for " Indian laws' substitute " Pakistan laws ".

In sub-soction (2), for " Indian law " substitute " Pakistan

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

BANK) ORDER, 1917.

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 notea of the Government of India and bank 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 Act, 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.

THE GAZETTE OF INDIA EXTKAOltmNABY, AUG. 1*1, 1U47 963

PART IT.

PBOVISIONS TO HAVE EFFECT AS PART OF THE LAW OF PAKISTAN.

1. The provisions of this Hurt 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 cany 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.—

fa) the Bank shall accept moneys for accotmt of the Govern- ment of Pakistan and the Provincial Governments in Pakistan, make payments up to the amount stand- ing t > the credit of their accounts respectively, carry out 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 Bunk affords to the Government oi Tndia, or as the ense 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 new 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 nil 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 atrencies 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 31st day of March 1948.

(2) The conditions on which the Bank shall perform the func- tions mentioned in this section shall he 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

W64 THE GAZETTE OF INDIA EXTEAORDINABY, AUU. 14 TUT

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

5. (1) India noles shall, until the 30th day of September 1948, 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 tho 30th day of September 1948, 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 lake up any sinn or sums of money on the bills, hundis 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 may be 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 any promissory note expressed to be payable to the bearer of the instrument.

(0) 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 mi complaint made b\ the Bank

H. (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 am lost, stolen, mutilated or imperfect India note or Pakistan note.

l i lU G A Z E T TE OJJ I N D IA E X T B A O B D I N A E Y, AI i. 11, LiJ-17 905

(2) The Bank may with the previous sanction of the Govern- ment of Pakistan prescribe the circumstances in which, and the conditions 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 prescribed for the time being in that behalf as respects India under section 28 of the Reserve 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 tn the Bank against payment of their nominal vaiue 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 India 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 coma;

(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 oi 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."; (H) references to the Central Government shall be construed as references to the Government of Pakistan.

(2) Rules made under Nthe Tndian Coinage Act, 1906, and in force immediately before the commencement of this Order shall be in force in Pakistan until they are modified or rescinded 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 of rupees. Explanation. —In this section "authorised person" means ;i person who is entitled by or under the Foreign Exchange Re^nln- tion Act, 1947, to buy or, as the case may be, sell the foreign ex- change to which his demand relates.

CONTHOL OF SCHEDULED BANKS, ETC.

12. (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 loss than five per cent, of the demand liabilities, and two per cent, of the time liabilities, of that bank in Pakistan as shown m the latest return made under sub-section (2). T

Explanation.—For the puiposes of this section liabilities shall not include the paid-up capital or reserves, 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)r 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 m Pakistan in India notes and Pakistan notes, respectively,

(c) the amounts held in Pakistan m India 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 date to which it relates :

Provided that whero the Bank is satisfied tha' 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 Bunk may require such bank to furnish in lieu of a weekly return a monthly return to 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 respe-.-t of such bank at the close of business For the munth

(3) Tf at the close of business on nnv day before the dav fixed for the next return, the balance held at the Bank by any Pakistan scheduled bank is below the minimum prescribed in sub-section (1), such bank shall be liable to pay to the Bank in respect of each sr.rh day penal interest at the rate of three per cent, above the Innk rate on the amount by which (he balance with the Bank falls >h. it 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 this 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 close 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 live per cent, above the bank rate has be- come payable by a Pakistan scheduled bank, if thereafter JII 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) the 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 wilfullv 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.

Erplanation.—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^ 1 by a direction of the principal Civil Court having jurisdic- tion in the area where an office of the defaulting bank is situated, such direction being made only upon application made in that behalf to the Court bv the Bank with the previous sanction of the Government of Pakistan.

i l iL UAZWUVb) OK IJNiJJlA JJXllLVOltDJiNAKV, XbC, l i, 1H17 96l>

(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

fb) 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 outside Pakistan.

and a bank so declared shall he n "Pakistan scheduled Bank" within the meaning of this se<_ti._>n and shall by a like notification direct that anj Pakistan scheduled bank the aggregate value of whose paid-up capital and reserves becomes at any time less than fjve lakhs of rupees, or whii'h goes into liquidation or otherwise ceases to carry on banking business, shall cease to be a Pakistan scheduled bank :

Provided that no bank shall he declared to be a Pakistan scheduled bank if it is a scheduled bank within the meaning¹ of the Reserve Bank Act.

(8) The Bank may, with 1he 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 cleaiing-huuses for Pakistan scheduled banks.

(it) The provision-, of I hi*-' -action shall have effect only up to the 30th dav of September 104H

13. (]) The Bank may. until the 30th dtiv of September lf)4R, 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 12 of this Part, and while sivh a requirement is in force the pro- visions of sub-sections (5) and (r\) of (he said section 12 shall apply so far as may be 1o that co-operative bank as if ii were a Pakistan scheduled bank

(2) In this section "Pakistan provincial co-onerative bank" means—•

(a) the principal societv in a Province in Pakistan which is- registered or deemed to be registered under the Co- operathe Societies Act, 1912, or any other law for the time being in force in Pakistan relating to no- operative societies and the primary object of which is the financing of other societies in the Province which are or are deemed to be so registered •,

(b) any other central co-operative society declared for the time being by a .Provincial Government in Pakistan to be a Pakistan provincial co-operative bank foi I lie purposes of this Order

MISCELLANEOUS

14. (1; The Rank shall not be liable for the payment of any stamp duty in Pakistan in respect of Pakistan notes or India notes.

(2) Thu Bank shall not be liable to pay Pakistan income-tav 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 Rese-ve Bank Act shall lie deemed to be "Interest on Securities". 15. (1) The Reserve Bank Act shall cease to be part of the law of Pakistan, and the status of the Bank in Pakistan shall be that of a corporation existing <>n!\ by virtue of the law of India and capable of suing and being sued as such in Pakistan; and accord- ingly effect 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 he applied is the law of India.

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

10. (1) If any person in Pakistan makes a false declaration in any declaration furnished by him in pursuance of a requisition under tub-section (1) of section 56 of the Reserve Bank Act, he shall be deemed in Pakistan to have committed the offence of piving false evidence defined 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

T HE O A Z K T TE OF I N D IA E X T l t A O l O J l l s A l i Y, A lu 14, 1

Pakistan and for clause (b) of bub-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 32 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 PROVISIONS TO HAVE EFFECT AS PAKT OF THE LAW OF TNDIA

1. Until the 30th day of September 1948, the Reserve BanL of India Act, J934, shall have effect as if—

(3) 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) "bank notes" -md "currency notes of the Govern- ment of India" do not, save as is expressly provid- ed, include any notes which are Pakistan notef;,

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

(2) in sub-section (3) of section 4,—

f9) after the word "India" wherever it occurs, and aiter the word "Indian" wherever it occurs except in the expression "Indian Companies Act, 1913," Liie words "or Pakistan" were inserted;

(b) after clause (c) the following clause were inserted, 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.-—

(a) for the words "the Federal Legislature, the Indian Legislature, a Provincial Legislature or the Cnorg Legislative Council" the words "anv Legislature in India or Pakistan" were substituted:

(b) the words "or Council" were omitted-

(6) in section 17—

(a) in clause (1), (5), (8) and (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 Jndia" the words "India or Pakistan and payable in India or Pakistan¹¹ were substituted;

(ii) after 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 >r Pakistan" were substituted;

(ii) for the words "or a provincial co-operative hank" the words "a Pakistan scheduled bank, i pro- vincial co-operative bank or a Pakistan pr'i 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" weir¹ in- serted ;

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

(f) to sub-clause (b) of clause (3) the words. 'V in Pakistan except with a scheduled bank or q Pakistan scheduled hank" were added:

(g) in clause (4)—

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

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

added;

(iii) in sub-clause (d), after the words "co-operative bank" the words "or Pakistan scheduled bank or Pakistan provincial co-operative bank'¹ wtre inserted;

(h) in clause (14)—

(i) after the word "India" where it occurs for the first time, tho 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, 1047".

(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;

(10) 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;

("!3) 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 oi 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,

(•j) 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,";

(3 5) to section 43 the following were added, namely.—

'"'and from Pakistan scheduled banks under the corres- pounding provision of the Pakistan (Monetary System and Reserve 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 "cooperative banks"- the wordg "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 (12) 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 slip 11 send as soon as may oe to the Government of Pakistan, notice of any proposal to introduce, or move nn amendment to, a SBill in the Indian Legislature which affects the coinage or currency of India or the constitution or functions of the Bank.

PART IV

'ADJUSTMENTS BETWEEN 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,

leas 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 lespect of the period commencing on the 1st 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 ffune 1949

(2) The Government of India shall pay to the Government of Pakistan that portion of the Government's Bank profits in respect of the period commencing on the 1st day of July, 1947 and ending on the 30th day of September, 194R 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 in circulation in Pakistan on the 30th day of September 1948 plus the total value of India notes returning from circulation in Pakistan in the period commencing on tho 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 from circulation in Pakistan to a considerable extent, the pro- visions of this sub-section and of sub-section (2) of section 4 shall be const rued and shall have effect as if for the references in those provisions to the 31st day of March 1949 there were substituted references to the 30th day of September 1949.

2. (1) In respect of tlie period commencing on the 15th August 9.947 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 India, on the destruction of any India subsidiary coins returned from Pakistan during that period and destroyed as not being fit for reissue.

3 (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 withoxit payment.

4. (1) As soon after the 30th September 1948 as practicable anU 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 80th 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 pai until the 31st Maich 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 Tteserve Bank Act, h.ive togethei a valae 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 Bank shall first bo 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 secuiilies, be transferred in the proportions in which assets of those Masses respectively 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 1948 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 aa 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 him, 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;

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

MOTJNTBATTEN OF BURMA,

Governor-General.

K. V. -K. SUNDARAM,

Officer on Special Duty.

SECRETARIAT OF THE GOVEENOR-GENERAL

(REFORMS)

NOTIFICATION

New Delhi, the lMh August 1947

No. G.G.O. 23.—The following Order made by the Gover- nor-General is published for general information :—

THE PAKISTAN (PROVISIONAL CONSTITUTION)

BORDER, 1917

,,3H '^WHERBVS by sub-section (2) of section 8 of the Indian Independence Act, 191-7 (hereafter in the recitals to this Order referred to as the .slid Act), it is provide! that except in so far as other provision is mide by or in accordance with a law made by the GVnoitmnl Assembly of the Dominion under subsection (I) of the Raid s-jofton, each of the now Dominions and all Pro- vinces and other pirfcs thereof .shall be governed as nearly as mvy be in aocordtnea with tho provisions of the Government of India Act, 1935, a il that tin provisions of that Aot shall, so far as applicable anJ subject to any ex:pros3 provisions of the siid Aot an I wifcK such omission?, ad litiois, adaptation? and rm lifmtion as miy ba sp3Difi31 in ordsrs of tin Governor- Ganaral ual^r tin mxfc sacosa linj aostioi of thi sii'l Ait, have effect accordingly.jl

jAyo w.lB3,E\.s by pxragr^ph (c) of sub-seotion (1) of seo- tion 9 of th? sxid Act it is provided that the Governor-General sh.H-11 hv orl^r mxko ainh provisioi as aprniw to him to bo naoa^iry or eKp^itent for raiktno; omiasions from, additions to, and adxptatioris and modifications of tin Government of India Act, 1933, in its application to tho separate n^w Dominions ;,

^AND WHERHIA.S by sub-aection (4) of section 19 of the said Act it as provided that in the said Act, except so far as the oon- text otherwise requires, references to the Government of India Act, 1935, include references to any enactments amending or supplementing that Act and in particular references to the India (Central Government and Legislature) Act, 1946 ;

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

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

(2) [t shall come into force on the fifteenth day of August 1947, whioh day is horeinafter referrod to as "the appointed day ".

2. (1) Where u provision of the Government of Jndia Aot, 1935, lias been amended before the appointed day, a reference to that provision in the Schedule to this Order shall be read as referring to the provision as in force im- mediately before the appointed day

(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) AH from the appointed day, the Government of India Act, 1935, including Hie provisions of that Act which havo not come into force before the appointed day, and the India (Central Government nnd Legislature) Act, 1946, shall, until other provision is made by or in accordance with a law made by the Constituent Assembly of Pakistan, apply to Pakis- tan with the omissions, additions, adaptations and modifi- cations diiected in the following provisions of this paragraph and in the Schedule to tldt Ordei.

(2) The following expressions shall bo omitted wherever they occur, namely, " in his discretion ", "' aoting in his dis- cretion " and " exorcising bis individual judgment ".

(3) For each of the expressions " existing Indian law " and LL existing Indian Act " wherever that expression ocours' there shail be substituted the oppression " existing law ".

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

5. Where any instrument is in force under any provision o

the Govrnment of India Act, 1935, immediately before the ap- pointed day, and that piovision remains in force, whether with or without modifioaiions, on and after tho appointed day, the said instrument shall, so far as applioablo and with any neces- sary modifications, roinaiu in force as from that day as if it were an instrument of the appropriate kind duly made by the appro- private authoiity under the said provision as in force after that. day, and may be varied or revoked accordingly.

fi. Where any law made by the Governor of a Province- by vivt/ue of section 93 of the Government of Tndia Act, 1935, is in force immediately before the appointed day, tho said law, notwithstanding that 1} e said section is directed to be omitted in t} e Schedule to this Oi'der or that by icason of such omission a Proclamation urder the paid section ceases to have effeit, shall remain in forco for the period fi r tyhich it -Rould have re ir aired in force if 1he faid section? ad been i.t nil material times in operation,

7. (!) i-'iibjcct to any gereial or f-penal orders or arrarger ments affecting Itiw rase, ai.y person viho immediately before the appointed day is },okliig any civil post nrder ihe Crown in conjiection "with the afUnrs of the Province of Pcrgal, the Punjab, the Notth-West Frontier Proviiu e or f-ind hhall, as from that day, be deemed to have been dulj appended to the cor- responding post under the Cicvvii in connection uiththe affairg of the Piovircft of Fast l?ci gal, West Punjab, Iho Korth-West Frontier Pro\ii ce or, as the ca^e may be, Slrd.

(2) Not^vithsiardirg that section 170 of the Government of Ij'dia Act, 11-35, is tlirectcd to be omitted in the Hchedulo to this Order, the person 1 oldii g the office rf the Auditor of Indian Home Accounts immediately before the appointed day is hereby authorised to eoiiUr.uo until such date as the Governor- General may specify to pejfoim such duties, and exercise such powers, in relation to trtirsactiorH in the Vntecl Kirgdom affectb g the rtvcijres of Pakifdan oi of any I'ro\irte thereof as lie \^aB 1 eforo the appointed day pciforming or exeicis ng under the pro\isioi s of Ire paid 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 a Commission under the Eoyal Sign Manual ". Omit.

4

Adaptations

Section

5 For tln> section substitute:—

" 5. Establishment ol the Federation.—(1) Aa from the fifteenth day of August, 1947, there shall be united in a .Federation b> the name of Pakis- tan—

(a) the Provinces hereinafter called Governors'

Piovinces,

(b) the Provinces hereinafter called Chief

(Wimissiotiers' Provinces, and

(r) such Indian Slates as may accede to the Federation in the mannor hereinafter provided.

(2) The said fifteenth duy of August is the date referred to in this Act as the date of the establish- ment of the Federation ".

G Save as otherwise provided, for " His Maje&ty" substitute " the Govcinor-Geneial'\

In sub-Fccticn (1), omit the words "His Majesty the King ", the words " of India ", and the proviso.

In subjection (4), omit " 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 " substitute " the 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 ".

Adaptations

Section

In sub-soction (1), for paragraphs (a), (b) and (c) substitute " to the matters with rospect to which 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).

0 For this seotion substitute : —

" 0. Council of ministers.—There shall be a oounoil of ministers to aid and advise the Governor* General in the exorcise of his functions."

10 In subjection (2), omit " either Chamber of ".

Omit sub-seotion (5).

11 to 15 Omit.

16 In sub-section (2), for " British India " substitute "any Governor's Province or Chief Commissioner's Province ".

Omit sub-section (4).

17 In sub-section (3), u:nit all word} after " Slid business ".

In sub-section (4), omit all words after " sa trans- mitted ".

Omit sub-suctions (4) and (5),

For this seotion substitute :—

18

" 18. Constitution of tin Paiaral Legislature.— The powers of the Federal 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 (1) of seotion 8 of the Indian Independence Aot, 1947, be exeroisable by that Assembly, and aooordingly references in this Act to the Federal Legislature shall be oonstrued as references to the Constituent Assembly ".

Adaptations

Section

In sub-section (1), omit " The Chambers of ".

In sub-section (2), for " the Chambers " substitute " the Dominion Legislature ", omit " or either Chamber ", and omit paragraph (c).

Omit sub-section (3).

20 In sub-section (1), omit "either Chamber of " and " or botli Chambers assembled together ". In sub-section (2), omit ''either Chamber of" and for " H Chamber to whom any message is BO sent " substitute " the Legislature ".

21 Omit " every counsellor ".

For " either Chamber, any joint sitting ot the Chambers and any committee of the Legislature " substitute " the Federal Legislature or any committee thereof".

22 For " Council of State " substitute " Federal" Legislature ", for " Couacil " substitute " Legis- lature ", and for •' President " substitute " Speaker ".

Omit sub-section (5).

23 to 27 Omit. In sub-seotion (1), o nit " eithsr C.iiTnb3r of".

28

In sub-section (2), for " the Chambers " substitute

" tho Federal Legislature ".

Omit sub-sections (3) and (4).

For " eithor Chamber" substitute " the jFederal

29

Logislaturo '\

For this section substitute : —

30

" 30. Provision as to pending bills.—(1) Al Bill pending in tho Federal Legislature shall not lapse by reason of the prorogation of the Legislature.

Section

Adaptations

31 32

(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 bo inoluded in rules made by the Federal Legis- lature undor section 38 of this Act, be continued in the-Federal Legislature as if the proceedings taken with refcrenco to the Bill in the said Legislative Assembly had been taken in the Federal Legisla- ture". Omit. Tr sul-Fecl^n H). for " Ct'iuvhcm" substitute " FedtTp] I tpfiiflitvie ", urtl omit Cl or that he reserve!-' the Bill for the signification of His Majesty's pleasure ".

Omit sub-scot ion 8 (2) and (3).

In sub-section (1), omit "both Chambers of".

23

Jr. sub-seotioi) (2), ori'it HJI the -words after "from

othe]¹ expenditure ".

In sub-section (3) —

(*) in paragraph (a) for " required to be made by Ordei in Council " substitute '•made by or under the Third Schedule to this Aol ";

(ii) for paragraph (c) substitute—•

"(c) the salaries and allowances of minia 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 of* 34

and " or paragraph (f) ".

In sub-seotion (2), toL " Federal Assembly, and thereafter to the Council of State, and either Chamber " substitute " Fedoial Legislature which " and omit the proviso.

Omit sub-eeotion (3).

Section

Adaptations

]n sub-soctoin (1), for "Chambers" substitute 35

" Legislat-me " and omit the proviso.

In sub-section (2), for " both Chambeia " substitute

" the Legislature ".

To sub-section (3), add :—

" Provided that expenditure from the said revenues during the period beginning with the 15th day of August 1047 and ending with the 31st day of March 1948 may be authorised or ratified by gonoral or special order of tho Governor-Geneial ".

36 Omit " both Chambois of ".

In sub-section (1), omit a]l words after '' Governor- 37

General ".

In sub-section (3), for " either Chamber " substitute " the Federal Legislature" and for " t h at Chamber " substitute " the Legislature ".

In sub-section (1), ouiit " Each Chamber of " and the 38

proviso.

Omit eub-eettions (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 ".

39 Omi*\

40 Omit sub-section (2).

42 For this section substitute :—

"42. Power of Governor-General to promulgate ordinances in cases oi emergency.—(1) The Goveinor- General may, in oases 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 have the like force of law as an Act passed by the Federal Legislature ; but the power of making ordinances under this seotion is

Section

Adaptations

subject to the rike restrictions as tho power of the Federal Legislature to make lows ; and any ordinance made under this section may be controlled or superseded by any such Act.

(2) Notwithstanding any restrictions imposed by the preceding sub-section, an ordinance made under this section may authorise expenditure from the reveimos of the Federation."

Omit.

43 to 45

For sub-section (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 Governoi's Provinces as may be created under tins Act ".

Omit sub-section (2).

Omit.

47

For sub-section (1) substitute :

48

"(1) Tho Governor of a Province holding office as from the date of the establishment of the Federation is appointed by His Majesty by a com- mission under tlie Royal Sign Manual; but any person appointed thereafter to be the Governor of a Province shell be appointed by the Governor- General. ".

In sub-section (1) omit " on behalf of His Majopty".

49

50 FOJ this section substitute •—

" 50. Council of Ministers. -

council of ministers to aid and advise the Governor in the exeroise of his functions.¹'

Adaptations

Seotion

For sub-section (5), substitute :—

51

" (5) In the exercise of his functions under this section w ith rasper t to th" choosing and summon ing and tho dismissal of ministers the Governor shall be under the genera] control of, and comply with such particular directions, if any, as may from time to time be give n to him by, the Governor-General. ""

Omit,

52-54

Omit sub-section (4).

55

Omit.

56;58

In sub-section (3), omit till words after " said busi- 59

ness ".

In sub-section (4), omit all v ords after " so trans- mitted ".

Omit subjections (4) and (5).

For this Hection substitute :—

60

"60. Constitution of Provincial Legislatures :— There shall for every Province bo a Provinoial Legislature which Fhall consiet of His Majesty, represented b\ the Governor, and one Chamber whioh shall be known as the Legislative Assembly."

i"nie-

61 In sub seotion (11 for "Chamber or Chambers of the Legislature" substitute "Legislative As- sembly".

Omit sub-section (3).

62 In sub-section (1), for "Chamber or Chambers of each Provincial Legislature" substitute "Legislative Assembly of each Province."

In sub-seotion (2), omit " or either Chamber" and "Chamber or", and for "Chambers" substitute "Legislative Assembly." Omit sub-soction (3).

Seotion

Adaptations

In aub-soction (1), omit from " or, in the oase " to 6

" assembled together ".

In sub-soction (2) for " Chimbor or Chambers of the Provincial Legislature " substitute "Lo^islativa Assembly ", and for "a Chamber to whom any message is so sont" substitute "the Assembly".

64 Omit from " or, in tho caso of" to "of the Chambers", Omit sub-section (5).

65

Omit " or President ".

66

In sub-sootion (1), for " a Chamber, or a joint sit- ting of two Chambers of a Provincial Legislature" substitute " a Provincial Legislative Assombly ".

In sub-sootion (2), for " Chamber of a Provincial Legislature" substitute "Provincial Legislative Assembly ".

In sub-section (3) omit from, "or if at any time" to " ten. members are present ", and omit " or as the caso may bo at least ton mombors".

-67 For the words 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-seotions (3) and (4) for " a Chamber " substi- tuto " a Provincial Legislative Assembly ", and for " the Chamber " substitute " the Assembly ".

69 For " India " substitute " Pakistan ". In sub-section (1) omit "or Legislative Council". In paragraph (e) of aub-seotion (1), omit "whether before or after the commencement of this Part of this Act" and for "by a oourt in British India or in a State which is a Federated State" substitute "before the date of the establishment of the Fede- ration by a court in British India, or on or after that dato by a oourt in Pakistan".

Section

Adaptations

fii sub-sootion (2) for ''Chamber of a Provincial Legislature"¹ m bstitute "Provincial Legislative Assembly''.

70

71

72 73

Adaptations

Section

Omit.

74

75 Omit from "or in the case of" to "Legislature". In the proviso for "Chamber or Chambers" substi-

tute Legislative Assembly".

76 In sub-section (1) omit "or that ho reserves the Bill for the sienifioatioii of His Majesty's pleasure thereon", for "Chamber or as the oase may be the Chambers of the Provincial Legislature" substi- tute "Provincial Legislative Assembly", and for "Chamber or Chambers" substitute "Assembly". 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 Ordor in Council" substitute "made by or under the Third Schedulo to this Act".

Omit sub-section (4).

79 Tor "Legislature" substitute "Assembly".

80 In sub-section (1) for "Chamber or Chambers" substi-

tute "Assembly", and omit the proviso.

In sub-section (2) for "Legislature" substitute

"Assembly".

To sub-seotion (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"

a Adaptation

Seotio]

82 In sub-section (1) omit all words after "GovernoT'* In subsection (3) for "a Chamber of the Legislature" substitute "Legislative Assembly" and for "that Chamber" substitute "the Assembly".

Omit.

83

84 In sub-section (1) for "ChamLer of a Provincial Legis- lature" substitute "Provincial Legislative Assem- bly", and omit the proviso.

Omit sub-sections (2) and (4).

For sub-aeotion (3) substitute :—

"(3) Until rules are xnade under this section the rules of procedure and standing orders in force immediately before the establishment of the Fede- ration with respect to the Legislative Assemblies of Bengal and the Punjab, respectively, shall have effect in relation to the Legislative Assemblies of Enst Bengal and West Punjab, subject to such modifications and adaptations as may be made therein by the Speakers of those Assemblies."

Omit.

85

Omit sub-section (2).

86

For the proviso to subjection (1) substitute :—

88

"Provided that the Governor shall not, without instructions from the Governor-Genoral, promulgate any such ordinance if an Act of the Provincial Legis- lature containing the same provisions would under this Act havo been invalid unless, having been re- served for the consideration of the Governor- General, it had received assent of the Governor- General". In sub-section (2) omit paragraph (b).

89—90 Omit.

Secti Oil Adipta'ion

91 For this section substitute ; —

"91. Excluded areas and partially excluded areas. In this Act, the expressions "excluded area" and "partially excluded area" mean respectively such areas as were excluded or partially excluded areas immediate] v before the establishment of the Federa- tion."

92 In sub-section (2) omit all words aftor "shall have

no effect".

Omit sub-section (3).

93 Omit.

94 In sub-soctioi^(l) fur the wonh from "Chief Commi- ssioners' Provinces" to "Panth Piploda" substi- tute "Chief Commissioner's Province of British Baluchistan".

Omit sub-section (2).

Omit sub-section (1).

95

Tn sub-section (2) omit "as it extends to other Chief Commissioners¹ Provinces".

In sub-section (3) omit the second sentence.

Omit.

96—98

99 In sub-section(l), for "' for the whole or any pnit oi British India or for any Federated Stat

Omit sub-section (2).

102 For " India " substitute " Pakistan ". For s

" (3) A Proclamation of Emergency • ay be revoked by a Hubneqnent Pro 'lamation "r

Omit " the Chambers of".

103

Section

Adaptation

104 Omit sub-section (2).

105 Omit.

107 In sub-section (2) omit " or for the si^mhcation

of HiR Majesty's pleasure." and " ot of His

Majesty ".

108 Omit.

109 Tn sub-section (2), in paragraph (a) tor •' by the Governor General or by His Majesty " substitute " or by the Governor-General " and in paragraph (b) for " either by the Governor-General or by His Majesty " substitute " by the Govern or-General ".

Omit.

110-121

Omit.

123

In sub-.section (4) for " India " substitute ''Pakistan" 124

In the proviso to sub-sect ion (2) omit " either Cham- 126

ber of".

Omit sub section (4).

In subsection (5) lor the words from '" Without prejudice" to "Governor of" substitute " The executive authority of the Federation shall also extend to the giving ot directions to ".

In paragraph (a) omit all uords after ll exercised " 126 A

For " India " .substitute " Pakistan ".

127

120 In sub-section (4) for " thetiovertior-

Tn sub-section (5) for " India " substitute u* Pakis- tan ", and omit all words after " any part t hereof.

131 Omit the proviso to sub-sections (5) and (7), the words " His Majesty in Council or ", and subsec- tion (0).

Section

Adaptations

16 Omit " His Majesty upon consideration of represen- tations addressed to him by ".

For " His Majesty in Council " substitute " the Governor-General ".

136 Omit " and subject to the provisions of this Act .with respect to the Federal Railway Authority ".

138 For " subsequent Order in Council" substitute "Order of the Governor-General ".

In sub-section (1) for '* one per cent., or such other " substitute " such ".

In sub-section (4) for " His Majesty in Council" substitute " Order of the Governor-General" and omit " or of the Federal Railway Authority "

In sub-section (1), for " establishment of " substitute 139

" accession of the State to ".

140 In sub-seotion (2) for " one half or such greater pro- portion as His Majesty in Council may determine " substitute " such proportion as the Governor- General may by order determine ".

142 For " H is Majesty in Council " substitute " Order of the Governor-General ", for " His Majesty " substitute " the Governor-General ", and omit the proviso.

144 145—149

For " India " substituto " Pakistan ". Omit.

150 For " India " substitute lt Pakistan '\

Omit sub-seotion (li).

151

152 Omit.

153 Omit " either Chnnibor of '.

Omit " the Fed^ivil Railway Authority or " and 1 MA

"' thnt Authority or n\

In sub-seotion (1), for " British Tndia " substitute I5r>

" Pakistan ".

Adaptations

[Section

For " India " substitute " Pakistan ".

156

Omit.

157—161

162 Omit " vSnbjeot to the provisions of Part X I II of this Act with respect to borrowing in sterling ".

163 In sub-flection (3), for "India" substitute "Pakistan" and omit " or by tho Governor-Gonorsl in Council ".

In sub-seotion (4), for 'L the Governor-General and the decision of the Governoj-Goneral " substitute " an arbitrator appointed by the Chief Justi *> of India, whose decision ".

15n Omit.

166 In sub-section (1), tor " India '" substitute " Pakistan" and for " His Majoity¹" substitute " The Governor-General ".

In sub-section (2), for " His Majesty in Council", substitute " Order of tho Governor-General ".

In sub-seotion (;i), for " His Majesty in (jounoil " substitute " the GovoTiioi'-General varying or extending suoh an Order ".

In sub-section (1), tor "His Majesty" aubstitute " the Governor ", and omit " after the expiration of two vears from tho commons lent of Part HI of this Act ".

In paragraph (b) of sub-section (2), for " sub-aection (3) " substitute " sub-sections (2) and (3) ".

Omit.

170—173

Til sub-section (1), omit the proviso.

175

In sub-section (2), omit 'l or of the exercise of the functions of the Crown in its relations with the Indian States ".

Scution

Adaptations

In sub-section (3), omit " Subject to th© pro\i

17(1 In sub-section (1), for L' India " substitute

" Pakistan ".

Omit sub-section (2).

177 Omit.

178 Omit all sub-sections except sub-seotion (,'i). In sub-section (3), after "this Act " insert " and of th& Indian Independence Act, 1947 ".

199 Omit.

179—

200 For " Chief Justice of India " substitute " Chief

Justice of Pakistan ".

In sub-seotion (1), for " as His Majesty " substitute " as the Governor-General " and for " an address has been presented by the Federal Legislature to the Governor-General for submission to His Majesty piaying for " substitute " a resolution is passed by the Dominicn Legislature approving ". In sub-seotion (2), lor " Ws Majesty by warrant under tho Royal Sign Manual " substitute " ordor of tho Governor-General " and in paragiaph (h) of the proviso omit " by His Majesty " WII"MT TIIORO words occur for tho second tim.e.

In sub-section (3), omit " in British India or.in a

Federated 81 ate ".

Add tho following to sub-seotion (3) :"

" In this sub-section, the expression'L High Court " includes a High Court in a Federated State and any CouTt which was a High Court in P>ritish India ".

For " His Majesty in Councj] " substitute "' the 201

Governor-General ".

THTC UAZETTK Ol-¹ 1\TI>IA EX I UAOIUMVA HY, ATJG 14, 1947 '(Of,

Section

Adaptations

In Hub (-Mtion ( I ), tor "Hi^pointed by H is M a j e s ty " 202

203

204 In sub-section (1), in sub-paragraph (i) of paragraph (a) of the pioviso, after the word " thereunder " inetort u before the date of the establishment of the Federation, or of an order made thereunder on or after that date, for the interpretation of the Indian Independence Act, 1947, or of any order made thereunder '\ and in sub-paragraph (in) of that paragraph, omit from " with the approval" to <£ Indian States ".

205 In sub-section (1), omit "in British India ", and after " made thereunder " insert " before the date of the establishment of the Federation or anj order made thereunder on or after that date, or as to the interpretation of the Indian Independence Act, 1947, or of any order made thereunder ".

In sub-seotion (1), omit " in British India " and all words after " ceriificaie as aforesaid "

In sub-Roction (2). omjt -t in British India ".

In sub-section (H), omit " either Chamber ot

207 In sub-section (1), for "made thereunder or" subs- titute L' made thereunder before the date of the establishment of Federation or an order made thereunder on or after that date or concerns the interpretation of the Indian Independence Act, 1947, or of any order made thereunder, or concerns ".

Section

Adaptations

208 In paragraph (a) for "made thereunder or" substitute made thereunder before the date of the establish- ment of the Federation or an order made there- under on ov after that date or oonoerns the inter- pretation of the Indian Independence Aot, 1947, or of any order made thereunder, or oonoerns ".

210 En sub-section (2), omit " as respeots British India and the Federated States " and " in British India" and for " British India or of any " substitute " a Governor's Province, Chief Commissioner'* Province or ".

For " British India " substitute

214 In sub-section (2), for " India " substitute " Pakistan ".

216 Omit sub-section (2).

217 For " His MajeRty " substitute " the Governor- General ".

218 Omit " in British India " and for " outside British India " substitute " outside Pakistan ".

219 For " British India " substitute " Pakistan '\

In sub-section (1), for the words from " High Courts in Calcutta " to " aud in Sind " substitute " the High Court in Lahore, the High Court of East Bengal, the Chief Court in Sind, the Judicial Commissioner's Court in the North-West Frontier Province ", for " His Majesty in Council " subs- titute " an Act of the appropriate Legislature ", and in the proviso for " has been made whether before or after the commencement of Part III of this Act " substitute " is made " and omit " in India" and " of the Judicial Commissioner's Court in Sind '\

Section

Adaptations

Add the following sub-section :—

" In this chapter " Pakistan " means the territories comprised in the Goverror's Province and Chief Commissioner's Province and does not include any Federated State ".

221)

In sub-section (1), for " as His Majesty may " substitute " as the Governor-General may " and for " His Majesty in Council may fix" substitute " the Governor-General may by ordor fix ".

In sub-section (2), for " His Majesty may by warrant under the Royal Sign Manual " substitute " the Governor-General ", in paragraph (b) of the pro- viso omit " by His Majesty^' where these words occur for the second time, and in paragraph (c) omit " by His Majesty ".

In sub-section (3), for " British India " substitute " Pakistan " and after " shall be included " insert " and in computing the period during which a person has served as a jtidge of the High Court or been a pleader of a High Court- or held judicial office, in Pakistan, any period before the establish- ment of the Federation during which the person has served as a judge or been a pleader of any High Court in British India or has held judicial office in British India, as the case may be, shall be included ".

221 For " His Majesty in Council '¹ substitute " order of the Governor-General ".

222 In sub-section (1), for" appointed by His Majesty " substitute " permanently appointed " and for "for the purpose " substitute " as acting chief justice ".

In sub-section (2), for " appointed by His Majesty' substitute " permanently appointed ".

Section

Adaptations

223 After " any other Act " insert " to the provisions of any order made under the Indian Independence Act, 194.7," and for " commencement of part III of this Act " substitute " establishment of the Federation ".

224

228 230

For " India " substitute " Pakistan '\ Omit sub-section (2). Tii sub-section (1), for "His Majesty in Council** substitute'' the Governor-General, " for " extend " substitute '' by order extend " and for *' BritiBh India " substitute " Pakistan ".

In sub-section (2), for " commencement of Part III of this Act¹' substitute " establishment of the Federation ".

231 In sub-section (2), omit " and expenses '".

239 Omit.

232—

240 For " India " substitute " Pakistan ".

In sub -section (2), after " aforesaid " insert "who having been appointed by the Secretary of State or the Secretary of State in Council continues after the establishment of the Federation to serve under the Crown in Pakistan shall be dismissed from the service of His Majesty by any authority subordinate to the Governor- General or the Governor according as that person is serving in connection with the affairs of the Federation or a Provinoe, and no other such person as aforesaid ".

241 In sub-section (I), for " India" substitute "Pakistan" and omit " after the commencement of Part III of this Act ".

In sub-soctions (2) to (5) omit " in India ".

In sub-section (3), in paragraph (a) for" some person empowered by the Secretary of Stjate to give direc- tions in that respect " substitute " t he Governor- General or the Governor, as the case may be "

Adaptations

Section

and in paragraph (b), foi '" Secretary of State or by some person empowered by the Secretary of state to give directions in that respect " substitute " Governor-General or the Governor as the case may be ".

Omit sub-section- (1) and (2), for 'l India " nubsti- tutc " Pakistan ".

In sub-section (3), after " two posts in t h e" insert " railway ".

For " India " substitute " Pakistan '".

243

244— 252 Omit.

253 In sub-section (1), for '< Orders in Council " substitute k' orders of the Governor-General", and for " His Majewtv " substitute " the Governor-Gene- ral ".

Omit sub-sections (2) and (3).

257— 259 Omit.

2<>0 For the words from " commencement of Part III " to the end of the sub-section substitute " establish- ment of the Federation shall, if it would have been payable by the Government of any province if the Indian independence Act, 1947, had not been passed, be paid out of the revenues of that province or, if that province lias ceased to exist, of such new province as may be determined by orders made under that Act and in any other case shall be paid out of the revenues of the Federation of Pakistan or of India as may be so determined".

Omit sub-section (2).

201 Omit.

In sub-sections (1) and (2) for " India " substitute 2t>2

lt Pakistan ".

Omit sub-sections (3) and (5).

Section

Adaptations

In sub-section (4) for " India " where it first and last occurs, substitute "Pakistan" and in paragraph (a) of the proviso f or "is in the perma- nent service of the Crown in India " substitute " was" in the permanent service of the Crown in. India (within the meaning of this Act as originally onacted) ".

266 In sub-section (1), omit " in India ". In sub-section (3), for " India " substitute " Pakis- tan ".

266 In sub section (3), omit " The Socretary of State as respects services and posts to which appoint- ments are made by him " and " other " before " services and posts ".

In sub-section (4), for " India " substitute "Pakis-

tan ".

267 Omit all words after " Governor ".

Omit.

269f 270

271 In. nub- section (1), for " I n d i a" substitute " Pakistan ", for " Indian Code of Criminal Pro- cedure " substitute " Code of Criminal Proce- dure, 1898 ", for " Indian Code of Civil Proce- dure " substitute " Code of Civil Procedure, 1908 ", and omit " either Chambor of'¹.

Omit sub-seotion (2).

In sub-section (3), for " Indian Code of Civil Pro- cedure " substitute "Code of Civil Procedure, 1908 ".

272-274 Omit.

275 For " India " substitute " Pakistan " and omit

paragraph'(c).

277

278-289

Adaptations

Seotion

290 In sub-section (1), for " His Majesty may by order in Council " substitute " the Governor-General may by order " and for tho words from " before the draft " to " Chamber or Chambers of the Legislature " substitute " before making any such order the Governor-General shall ascertain the views of tho Government ".

For sub-soction (2) substitute :—

"(2) An Order made under this section may contain such provisions as tho Governor-General may deom necessary or p r o p e r- fa) for varying I ho representation in tho Federal Legislature of any Governor's Province the boundaries of which are altered by the order ; (b) for varying the composition of the Legisla- tuie of any such Province; (c) where a new ('ovm-noi's Province is created, for < o.istiluting the Legislature t • oi : (d) for apportionments and adjustments of, and in re^pe.-t of, ass 'ts and liabilities ; and (o) for othei supplemental, inoilontal and consequential matters, "

291 For " His Majesty ir Council may from time to time make provision " ubstitute " in relation to any Provincial i ^islature, provision mny be made by an Act of that Legislature " Omit.

292-1294 295 290

Omit sub-aection (1). tn sub-section (1), for " British India " substitute " a Governor's Province or Chief Commissioner's Province ".

298 jn sub-section (1), for "India " substitute " Pakis- tan " and omit " British ".

299

Omit sub-soction (3). In sub-soction (1), omit " in British India ". In sub-sootion (3), omit " oither Chamber of " nncf " in a Chamber of".

300 302-303

Omit. ! Omit.

For " India " substitute " Pakistan ".

304 305A Omit.

Section

Adaptations

In sub-section (1)—

306

for *w India " substitute " Pakistan " ;

for " n gainst the Governor of a Province or

against the Secretary of State " substitute " or against the Governor of a Province " ;

for " His Majesty iti Council " substitute "the

Governor-General " ;

after " has been the Governor-General " insert " His Majesty's representative for the ex- ercise of the functions of the Crown in its lelations with Indian States " ; and in the proviso for " a Province or the Secretary of State "substitute " a Province ".

Omit sub-section (2).

> Omit.

307-31C

,H11 Omit sub-sections (1), (3), (4) and (5).

In sub-section (2)--

in the definition of ' agricultural income ' and ' corporation tax ' for " India " substitute " Pakistan " ;

in the definition of ' corresponding Provinoe ' for " His Majesty in Council " substitute " the Governor-General " ;

In the definition of ' existing Indian law ' omit " Indian ", for " commencement of Part III of this Act " substitute " establishment of the Federation " and after " territories " insert " which wero " ;

After the definition of guarantee insert :—

" " Indian State " means any territory re- cognised by the Federation as being such a State, whether described as a State, an Instate, a Jagir or otherwise " ;

Trrj'j GAZETTK ui I \ D IA ^ X T I U O H I H ^ A H Y, Aaa. 14, Jo^ioo¹?

Adaptations

Section

in the definition of ' pension ' omit " in India, Burma or Aden " ;

in the definition of ' public notification ' for " Endia " substitute " Pakistan ", and after that definition insert :—

" Ruler in relation to an Indian State means the Prince, Chief or other person recognised by the Federation as the Ruler of the State ".

lu the definition of "Indian State railway " omit " tho Federal Railway Authority ".

In sub-section (6) omit " or a Governor-General's Act " and " or a Governor's Aot ".

Omit.

312-320

Schedule Adaptations

First Schedule. Omit.

Second Schedule. Omit.

Third Schedule. For the entries in paragraph J, substitute:—- " The Govornor-(General 1,25,000 rupees.

Tho Governor of East Bengal "]

V 72,000 rupees.

The Governor of West Punjab J

Tho Govornor of the North-"]

West Frontier Province. J- 66,000 rupees." The Governor of Sind J

Tn paragraphs 2 and 3 for " His Majesty in Couu oil" substitute "Order of the Governor Gener 11

1008 THJ£ G A Z E T T J: OK \X\>\\ J'lVIM! \ < ) ] { " n i \ A U l\ AfT(} 14 1<)tf

• S c h e d u le Adaptations

Fn paragraph 4 for " Order in Council " substitute " Order of the Governor General ".

Jn paragraph 5 for " appointed by His Majesty " substitute " appointed " and for " His Majesty in Council " substitute " Order of the Governor General ".

Fourth For the Forms substitute :—

Schedule.

1

Form of oath or affirmation to he taken or made by a mem bo r of a Legislature :

" I, A. B., having been elected (or nominated or appointed) a member of this Council (or Assemb- ly), do solemnly swear (or affirm) that I will bear true faith and allegiance to the Constitution of Pakistan as by law established, and that I will faithfully discharge the duty upon which J am about 1o enter.'¹

2

Form of judicial oath or affirmation :~-

" J, A. B., having been appointed Chief Justice (or a judge) of the Court do solemnly swear (or affirm) that \ will hear true faith and allegiance to the Constitution of Pakistan as by law established and that I will faithfully perform the duties of my office to tho best of my ability, knowledge and judgment."

Fifth In sub-paragraph (b) of paragraph 1, omit " in the Schedule, case of seat in a Legislative Assembly " and " and in the case of a .seat in a Legislative Council, not less than thirty years of age '\

T r ue ( l A Z E T TU OF l ' \ D IA K A T 1! U > 111 ) 1\ \ KY A K. I t, LD17 HX)(>

Schedule Adaptations

Tu paragraph 4, —

In sub paragraph (?'), omit " and, in the case of Bombay, seven shall be reserved for Marathas,'¹ in sub-paragraph (ii), for " ton columns " substitute ' ' nine columns ' ' , and omit " (P) the European community " ; for " the Punjab " substitute " Weal Punjab ".

In paragraph 5 for " His Majesty may doem " substitute " tho Governor-lWieral may by order declare ," and omit *l (v) for the election of persons to till the European seats, if any " and " except in the ease of Bihar ".

In paragraph 6, omit " and in the Province of Bombay for Marathas " and " or, as the case may be, for Marathas ".

In paragraph 8, for " fifteen to nineteen '" " sub- stitute " fourteen and fifteen ".

In paragraph 10, omit " and in Bihar the person to fill the Indian Christian seat ".

In paragraph 11, for " the Punjab " substitute " West Punjab ".

Tn paragraph 12, omit " by a European ".

Omit paragraphs 13 to 18.

In paragraph 19 :—

for tho definitions of " a European ". " an Anglo-[iidiau "\ " an Tii<]ian Phristian " and " the scheduled castes " substitute the follow- ing definitions :—

" ' a European ' means a person whose father or any of whose other male progenitors in the male lino is or was of European des- cent and who is not a native of India or Pakistan or any Indian State ;

Schedule Adaptations

' An Anglo-Indian ¹ means a person whose father^or any of whose other male pro- genitors in the male line is or was of Europoan descent but who is a native of India, Pakistan or an Indian Stale ;

' an Indian Christian ' means a person who professes any form of thx* Christian re- ligion and is not a European or an Anglo- Indian •

' the Scheduled Castew ' means such castes, races or tribes or parls or groups within castes, races or tribes, being castes, races, tribes, parts or groups which appear to the Governor-General to correspond to the classes of persona formerly known as " the depressed classos ", as tho Governor- General may by order specify' ." ;

for " His Majesty in Council may from time to time " substitute " Governor-General may from time to time by order " ;

for " His Majesty in Council " in the defini- tion of " perscribed " substitute " order of the Governor-General ".

In paragraph 20, for " His Majesty in Council " substitute " order of the Governor-General " and omit " or in the case of Bombay for Marathas ". For the Table of Seats pertaining to Provincial Legislative Assemblies substi- tute :—

TABLE OF SEATS

Provincial Legislative A^niblies

T H K

j

^ o v

e v

General Seats

I

i t

G A Z E

a

1

Seats for Women

I

l t l l t

t

g

t

i

[ )

d

H

m

u

i

l

"

i t

t

i

u

n u S

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H

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t

l

i

n u

n e S

l

,

n n ^ o n

a o S

o

i

u a

n

O j s n e o

i

p e I

K

L

L O

v

p 1

l

J

i

u n

J

t r i

a

i

1 u

n p a q o g

T

d

u

i

i r

%

l r i

t

r

j

r

I

\

u d n

i i

n a

o

d

o

o

t I

f

m

s t l f

h C

m

I

l l

m

f

l o g

n

g n

I

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u

l l

o

O

u u

o S

I

i

i

i i

I

o n

u o b a

l

i i i

I

i

H L

B

l *

J

n

l

l

d n

£

t

i

A I ;

n d

l

f

n

f

t t f

h u

h u

h k

l

H

r e n e

i j

o

o

i

t

m

i

O

M U L

J

u S

A

M

T

T

H

M

S

G

p a

i

I

3

11

15

S

12

9

10

6

2

13 14

">

K A T

I t

1

I

49

1

i

ITS

1

1

-East Bengal

19

118

³

1

A O

1

I t l

M

\

7

12

4

1

1

103

2

i.3

1 i Wea: Pu jab

U

m

1

,

1

(

i

T

1

( q

i J

NOith-We-t Frontier So

36

4

Province

1

U

i

1

I I

1

1

i

i

1 -,

1

Sind

i

I lb>

33

1

1

i

1 9 1 7 1 0

U

In West Punjab one of tbe Landholders' seats -ball te a seat to be filled by a Tumandar

Adaptations

Schedule

Omit the Table rf Seats pertaining to Provincial

Legislative ('ounciLs.

Sixth In Part T,

Si hoclule.

in paragraph f>, omit 'L a Pjuopor.n constituency "

end lt i¹ European ";

in paragraph ( , emit tL Europe an coi wtitiioiU'} "

tmd the |:roviso ;

in paragraph 12, for lt British India police force " nib^tituto '"• ])olino force bolonging to a Gover- nor's JVoviiH-e or (Uiiof ('onimissioiier's Pio- vin<:e '';

in paragraph 13,--

in 8nl>-]>ttVHgrapl) (1), oirit " Ruropean " and for ll Part I ot tho First Schedule " suVvStituto tL the hilth Schedule ";

in sub-piiragraph (2) for " order in ('ouncil delimiting territoiir,] constituencies " "ul)Stitute " the (Joveniment of India (Provincial Legislative Assemblies) Or- der, 1930, or an Act of the Provincial Legislature ", aft or " any such Order in CounciV' insert t£ or Act ", and omit " Kuiopeaii t'onstituonoy v;

in sub-])ai'agraj)}i (6), omit " Indian ".

Omit Harts II and ITT. In Part IV,—

in the Title, for " Bengal " substitute " East Bengal "; in sub-paragraph (1) of paragraph 1, omit the proviso;

omit paiagraph 7 ; in paragraph 8, omit " which is not a Calcutta constituency " and for LL in the municipality of Howrah, municijKi! taxes or fees of not loss than three rupees, or, in anv othor " substitute " in any ";

T J J il G A Z E T TH O b¹ I M ) I -\ K K T It \ < > J ( I >I \ \ U \, \ ( (i I I, 1 1 ) 47 1 0 13

Adaptations

Sohodule

omit paragraph 11 ; in piiragiM.pli 14, for tL Bengal " substitute " East Bengal " ajid omit the definitions of ' Calcutta ' and of ' a Calcutta constituency " and sub- paragraph (2).

()rnit Pad V. In Part VI, in tlio Title and in paragraph ](>, for

Jill Jt 'lMUii (iAtfUT'l n

SohoduJe

Adaptations

to enable the polioo of one provinoo to oxeroiso powers and jurisdiction in another province without the consent of the government of that province ; extension of iho powers and jurisdiction of members of a police force belonging to any unit to railway are,t,s outside Hint unit.

In. tbis onlry " province " includes a Chief Commissioner's province ";

iji entry 40, omit " and of any Ordor in Corneil

made thereunder ";

in entry 41, omit " of the President and Vico- Preaident of the (Jonnoil of State ", for " Assem- bly ", Hubtstitute Li Legislature ", and omit " to wio.h extent art is exjjroHsly authorised by Part II of tins A c t ";

inoufcry-15, for " India " Bubf^titute "Pakistan" in entry 50, for " India " substitute "Pakistan" omit entry 52.

Iti List II,—

in bntry 11, omit " ajid of any Order in Council

mtide thereunder ";

in on try V2, omit " and if theie is a Logislativo Council, of the Presidont and Deputy President thoroof ", and for " Provincial Legislature " ftubslituto " Loiglative Aasombly ";

in entry 15, foi " India " substitute " Pakistan " in entry 17, omit " other than those specified in

paragraph 13 of List I '';

in ontry 40, for " India " ,'iubstituto " Pakistan "

Omit.

Eight!) Sechdule.

Omit.

Ninth ^Schedule.

II

The India (Central Government and Legislature) Act, 1946.

Adaptations

WectioR

1 <•?

Omit. For " Indian Logislaturo " substitute " Federal Legislature ".

In sub-section (2) for " Governor Genoral in Coun- cil " substitute " Federation ".

In sub-section (3) oiait " either Chamber of".

3 In sub-section (1) f>,r the words " Indian Legislature" whore they first occur substitute " Federal Legis- lature ", and for " Governor Gonoral in Council " substitute " Coutral Government ".

In sub-seotion (2) for " Governor General in Council " substitute " Federation ".

For " both Houses of Parliament " substitute " the 4

Federal Legislature ".

After section 4 insert the following :—

" 4A. Powers of the Federal Legislature to be poivers of the Constituent Assembly.—The powers of the Federal Legislature under this Act shall, until other provision ift made by or in accordance with a law made by the Constituent Assembly under sub-seotion(l)of section 8 of the Indian Independence Act, 1947, be exeroisable by that Assembly, and accordingly references in this Act to the Federal Legislature shall be construed as references to the Constituent Assembly ". Omit sub-section (1).

MOUNTBATTEN OF BURMA,

Governor General.

K. Y. K. SUNDARAM,

Officer on Special duty.

Ptmwsmtt) BT vent MANAGES oir PUBLICATIONS, DULHI, IiftiiA.

PaJNTic BT ma MAtuaM, Ooymmgnra or INDIA PSBSS, NEW DELHI, INDIA.

PWBLIHKIW BY I H1 MANASBa CUT PUBLIOATIONB, DffiLHi, INDIA.

PB"NT"B SI XHI MANA*E", Qeyisinpmx w INDIA P B M ", NBW Dauri, INDIA.