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REGISTERED No. L. 3131

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI. SUNDAY, SEPTEMBER, 7, 1947

GOVERNMENT OF INDIA.

MINISTRY OF LAW

(Reforms)

NOTIFICATION

New Delhi, the 1th September 1947

No. G.G.O. 26.—The following Order made by the Governor- General is published for general information. Certain provisions of the Order are consequential upon the awards of the Bengal and Punjab boundary Commissions which were announced in the Gazette of India Extraordinary dated the 17th August, 1947. The Government of India wish to make it clear that they consider the awards to be unsatisfactory and unreasonable in certain parts and it is only because there was an agreement between the parties to the arbitration proceedings to abide by the decisions of the Boundary Commissions that they propose for the present to accept the boundaries determined by them. They intend, however, to seek to modify the terms of the awards by such methods as may be found suitable. THE INDIA PROVISIONAL CONSTITUTION AND PRO- VINCIAL LEGISLATURES (AMENDMENT) ORDER, 1947.

WHEREAS in the exercise of the powers conferred by section 9 of the Indian Independence Act, 1947, the Governor-General was pleased to make the India (Provisional Constitution) Order, 1947, and the India (Provincial Legislatures) Order, 1947;

AND WHEREAS sub-section (5) of section 19 of the said Act pro- vides that any power conferred by that Act to make any order includes power to revoke or vary any order previously made in the exercise of that power;

AND WHEREAS sub-section (3) of section 9 of the said Act pro- vides that any order made under that section may be made so as to be retrospective to any date not earlier than the third day of June, 1947:

( 1093)

AND WHEREAS in consequence of the awards of the Boundary Commissions referred to in sections 3 and 4 of the said Act it is' necessary to amend the provisions of the India (Provisional Con-' stitution) Order, 1947, and of the India (Provincial Legislatures) Order, 1947, in certain respects;

Now THEREFORE in the exercise of the powers conferred on him as aforesaid and of all other powers enabling him in that behalf, the Governor-General is pleased to make the following Order :—•

1. This Order may be cited as the India Provisional Constitu- tion and Provincial Legislatures (Amendment) Order, 1947.

2. In the list of adaptations pertaining to the Fifth Schedule to the Government of India Act, 1935, as set out in the Schedule to the India (Provisional Constitution) Order, 1947, the table with the heading "Table of Seats, Provincial Legislative Assembly" shall be amended as follows : —

(a) for the entries in columns 2, 3 and 7 against West

Bengal, the entries "90", "44" and " 2 1" shall res- pectively be substituted;

(b) for the entries in columns 2, 3, 6 and 7 against East

Punjab, the entries " 8 1 ", " 3 1 ", "20" and "23" shall respectively be substituted;

(c) for the entries in columns 2. 3. 4. and 7 against Assam, the entries " 7 1 ", "37", " 5" and "16'y shall respec- tively be substituted.

3. In Article 2 of the India (Provincial Legislatures) Order, 1947, in paragraph (1) the following definition shall be added :—

"Bengal constituency" means a constituency specified in the Fourth Schedule to the Government of India (Provin- cial Legislative Assemblies) Order, 1930, as in force at the commencement of this Order.

4. In Article A of the India (Provincial Legislatures) Order,

1947 —

(a) in the proviso to paragraph (1), after the words ''Commerce constituency" the words "or the Presi- dency Landholders constituency" shall be inserted;

(b) For paragraph (2), the following paragraph shall be

substituted—

"(2) The sitting members of the Bengal Legislative Assembly representing the Bengal constituencies specified in the first column of the following Table shall as from the appointed day be deemed to have

been elected by the West Bengal constituency speci- fied in the corresponding entry in the second column of the Table :

TABLE

Bengal Constituency

West Bengal Constituency

General Urban

I*) General Urban

<")

Northern District Municipal Pro"idei\oy Division Municipal

(u) Muhammadan Rural

( a) Muhammadan Rural

Nnvadwp Wfst Dinajpur Malda

Nadin West Diiinjpur Central Went H"lda Naith

(w) Univertity

(iti) University

IJnivorsity

Oaloutttt Uiiiveisilv

(c) bub-paragraphs (a) and (b) of paragraph (3) shall be re-lettered as sub-paragraphs (d) and (e) respectively, and before the sub-paragraphs as so re-lettered, the following sub-paragraphs shall be inserted :-—

"(a) the Navadwip general rural constituency, (b) the West Dinajpur-fMW-Malda general rural constituency,

(c) the Presidency Landholders constituency,";

(d) in paragraph (4), for the words "first day" the words "fifteenth day" shall be substituted.

5. In Article 5 of the India (Provincial Legislatures) Order, 1947,—

(a) in the table in paragraph (2),—

(i) the words "cum Amritsar District" shall be omitted; and

(ii) the following entry shall be added :—

"Sikh rural constituency Sikh rural eoustitueitoy

of KaHur

of Patti";

(b) in paragraph (4), for the words "first day" the words 'fifteenth day" shall be substituted.

6. After Article 7 of the India (Provincial Legislatures) Order, 1947, the following Articles shall be added :—

"8. Where in respect of any person who, under the provi- sions of Article 4 or Article 5 of this Order, is deemed to have been elected to the Legislative Assem- bly of West Bengal or of East Punjab, as the case may be, any enquiry into an election petition was immediately before the appointed day pending under the provisions of the Government of India (Provin- cial Elections) (Corrupt Practices and Election Peti- tions) Order, 1936,—

(a) the enquiry shall be continued before such commis- sioners aa may be appointed in this behalf by the

.Governor of West Bengal or of East Punjab, as the case may be, in accordance with the provisions of Part I II of the said Order :

Provided that the commissioners may direct, that any( evidence already recorded shall remain on record, and in that case it shall not be necessary to re- examine those witnesses who have already been examined and discharged;

(b) il upon the completion of the enquiry; and the sub- mission by4 the commissioners of jheir report, orders are issued by the Governor declaring the election of the person to be void, such person shall cease to be a member of the Legislative Assembly, of West Bengal or of East Punjab, as t,he case may be.

9. (1) No person shall be a member both of a Provincial Legislature in India and of a Legislature, whether Central or Provincial, in Pakistan.

(2) If a person who is a member of a Provincial Legislature in India has been, or hereafter is, chosen as a mem- ber of a Legislature in Pakistan, then, at the expira tion of one month from the appointed day or the date on which he is so chosen, whichever is later, his seat in the Provincial Legislature in India shall become vacant unless he has previously resigned his seat in the Legislature in Pakistan."

7. In the list of adaptations pertaining to the Government of India (Provincial Legislative Assemblies) Order, 1936, as set out in the Schedule to the India (Provincial Legislatures) Order, 1947,—

(1) the adaptations of sub-paragraph (1) of paragraph 15 of Part IV of the Order shall be amended by substituting for the words "Ualpaiguri and Darjeeling districts" the words "that portion of the former Rajshahi division which is within the Pro- vince of "West Bengal¹';

(2) the Fourth Schedule specifying the West Bengal consti- tuencies shall be amended as follows :—

(a) in the table in Part I,—

(i) after the entry relating to the 24-Parganas Municipal constituency, insert the following entry: —

"Worthern Eittritie He Mnnkijaliticp of i\c• Kiwid^, 1 iunloipal. MurhLidoKd, l e l i f, VUil I n j i ir

' a nd Jalpaigwi districts.

(ii) after the entry relating to the 24-Parganas North- West constituency insert the following entries :—

"Navadwip . . Thu Naviid-wrp dnf nut excluding municipal 1

areas.

Murshidabud . . The Murnhidafoad distrirt oxoluding unini 2 1

uipal areaw.

WeHt Dinajpur-cwm- The West Dinajpur and Malda districts 2 1"

Malda. oxoluding munioipa 1 areas.

(iii) omit the entry relating to the Khulna constituency;

(b) in the table in Part IT,—

(i) after the entry relating to the 24-Parganas North- East constituency insert the following entries \ —

"Navadwip . . The Navaduip ilmtrn t . .. 1 Borhampore . . ThrSndm Sub-Thvisionnl tlinMm liulnhnd 1

dibtrict.

Murahidabad (Mouth The Lalbrigh nud Kandi hub diviMion- of 1

Went).

the Murshnlabud diHtji^t.

Jangipur . , . Tho Jttn^ijiur^ub-divisiou oftheMut-hxia- 1

bud district

jVVest Dinnjpur . . The Went Diiwjpur district . . 1 •Malda . . . The Malda district . . 1"

(ii) omit the entries relating to the Khulna, Satkihra

and Bagerhat constituencies;

(c) in the table in Part IV, omit "(excluding the

Chittagoiig Hill Tracts)";

(d) in the table in Part VI, for "Khulna and 24-Pa.rganas" substitute "24- Parian as and Murshidabad" ; (e) in the table in Part VIII, omit "Chittagong Hill Tracts

and";

(3) the Sixth Schedule wpei-ifyino- the Knst Punjab constituen-

ts shall be amended as follQws :—~

(a) in the table in Part I,—

(i) in the entry relatintr to the Eastern Towns consti- tuency/ for "and Tarn Taran" substitute "Tarn Taran, Patli, Batala, Ourdaspur, Pathankot and Dalhousie"; For "and Ferozepore" substitute "Eerozepore, Balnn and Bakloh" ; and after "Civil Lines of Hoshiarpur" insert "and Gurdaspur";

(ii) after the pntry relating to the Araritsar constituency,

insert the following entry •—

'GurdiiHpiii . Tho Gurdtisjmr distri'it . . .1

(b) in the table in Part IT,—

(i) in the entry relating to the Eastern Towns consti- tuency, 'for "and Tarn Taran" substitute "Tarn Tarari, Patti, Batala, Gurdaspur, Pathankot and Dalhoime"; for (fand Eerozepore" substitute "Eerozepore, Balun and Bakloh"; and after "Civil Tines of Hoshiarpur" insert "and Gurdaspur";

(ii) after the entry relating to the Ajnala constituency,

insert the following entries :•— "Gurdaspur East . . The Guidaspur and Puthankot tnhm]H of 1

the Curdaspar district. Batalft . . . Tho Batalatuhsilof the GurdaBpur diwtriot 1 " ;"

(c) in the table in Part 111,—

(i) in the entry relating to the Eastern Towns consti- tuency for "and Tarn Taran" substitute "Tarn Taran, Patti, Eatala, Gurdasjmr, Pathankot and Dalhousie"; for "and Ferozepore" substitute "Ferozepore, Balun and Bakloh"; and after "Civil Lines of Hoshiarpur" insert "and Gurdaspur";

(ii) after the entry relating io the Ainritsar South con-

stituency, insert the following entries :— "Patti . . . The Patti Sub tah=!il of the Ainritsar district 1 Gurdaspur North . The Gurdaspur and Pathankot tahwile of 1

tho Gurdaspur district,

Batala . . . The Batala tahsil of tho GurdaNpurdiHtriot 1"

(d) in the table in Part VI, omit "cum Amritsar District"

and "and Amritsar district".

(e) in the table in Part VII, after the word "Jullundur" insert the word "Gurdaspur";

(4) the Ninth Schedule specifying the Aassm constituencies shall be amended as follows :—

(a) in the table in Part T, after the entry relating to the North Lakhimpur constituency insert the following entry :—

"Karimganj (Bant) . KftrLooganj, Pathnrkaiuli, BadHrpur Hud 2 1"

Ratftbari thanas.

(b) in the table in Part II after the entry relating to the Lakhimpur constituency insert the following entry :—

"Kanmganj (South) . KM'imKanj, Fethaikandi, Barliiipur and 1".

Batabari thnnas.

8. The amendments made by the preceding provisions of this Order in the India (Provisional Constitution) Order, 1947, and the India (Provincial Legislatures) Order, 1947, shall be deemed to have been made on the fifteenth day of August, 1947, and shall have effect accordingly.

MOITNTBATTEN OF BURMA,

Governor-General'.

K. V. K. SUNDARAM,

Officer on Svecial Duty.

PUBLISHED BT THI MANAOBB OF PUBLICATIONS, DTJ.HI, INDIA. PRINTED zt THE MANAGKB, GOVERNMENT OF INDIA Panss, N"w PBLHI, INPIA.