REGISTERED No. D -28
The Gazette of Andía
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI , WEDNESDAY, JANUARY 12, 1949
GOVERNMENT OF INDIA
MINISTRY OF LAW
New Delhi , the 12th January 1949
The following Act of the Constituent Assembly has been authen- teated by the President of the Constituent Assembly by his signature on the 10th January , 1949 , and is hereby published for general information :-
CONSTITUENT ASSEMBLY ACT NO . I OF 1949
An Act to amend the Government of India Act , 1985 .
0. 2 .
WHEREAS it is expedient to amend the Government of India Act , 20 Geo . 5, 1935 , for the purposes hereinafter appearing ;
It is hereby enacted as follows : -
1 (1 ) This Act may be called the Clovernment of fudia (Amend- ment) Act , 1949 .
Short title and eom- mencement , (2) It shall come into force on the 15th day of Jamuary , 1949 .
Interpreta tion .
2. The Interpretation Act , 1889 , applies for the interpretation of this Act as it applies for the interpretation of an Act of Parliament .
3. In section 8 of the Government of India Act , 1985 ( hereinafter referred to as the sail Act) ,
Amendment of section 8 of the Government of India Act , 1935.
(a) in clause ( i) of the proviso to sub- section ( 1) , after the words " in this Act " , the words " or in any law rande by the Dominion Legislature with respect to any of the mattersers speci- fied in the next succeeding sub - section " shall be inserted ; and
(b ) after sub - sectiou ( 1 ) , the following sub - section shall be inserted , namely .
" ( 1A) The matters referred to in clause ( i ) of the proviso to sub- section ( 1 ) of this section are-
(a) industrial and labour disputes ;
(b) trade and commerce in , and production , supply and distribution of , products of industries the development of which is declared by Dominion law to be expedient in the public interest ;
(c) the sanctioning of cinematograph films for exhibi- tion ; and
(d) inquiries and statistics for the purpose of any of the matters in the Concurrent Legislative List . "
( 29 ) 30 THE GAZETTE OF INDIA EXTRAORDINARY , JAN 12 , 1949
4. After section 61 of the said Act , the following section shall be inserted , namely
Insertion of now section 61A.
" 61A . Extension of term of offre of members of Provincial Legislative Councils -Notwithstanding anything contained in this Act , the (Governor may , in the case of a Provmee having a Legislative Council , extend the tour of offre of a member of the Council , who is due to retire under sub - section ( 3) of section 61 of this Act , for such period as he thinks fit and may , in making such order , give such incidental and consequential directions as he may deem neçossary ."
Amendment of section 101 .
5 In section 101 of the said Act , before the words " Nothing in this Act" the words , figures and letter " Sore as prouded in section 290A" shall be mserted .
6. After section 290 of the said Act , the following sections shall be inserted , namely :
Insertion of new 500- thong 200A and 200B .
" 2004. Administration of certain Acceding States as a Chief Commissioner's Province or as part of a Govermor's o1 Chief Comnussioner's Province .-( 1) Where full and exclusive authority, quusdiction and powers for and in relation to the governance of any Indian State or of any group of such States are for the time being exercisable by the Dommion Government , the Governor- General may by Onder direct-
( a) that the State or the group of States shall be adminis- tered m all respects as if the State or the group of States were a Chiel Commissioner's Province , or
(b ) that the State of the group of States shall be adminis- tered in all respects as if the State or the group of States form- ed parted a Governor's on a Chief Commissioner's Proxmee specified in the Order .
Provided that if any Order made under clause ( 6 ) of this sub- section affects a Governor's Province , the Governor- General shell before making such Order, ascertain the views of the Government of that Province both with respect to the proposal to make the Order and with respect to the provisions to be mserted therein .
(2) Upon the issue of an Order under clause ( a ) of sub - section (1) of this section , all the provisions of this Act applicable to the Chief Commissioner's Province of Della shall apply to the State or the group of States in respçet of which the Order is made .
(3 ) The Governor- General may im making an Order under sub- section ( 1 ) of this section give such supplemental , incidental and consequential duections ( meluding directions as to representation in the Legislature ) as he ruay aleem ncess
(4) In this section , reference to a State shall melude refer- ence to a part of a State .
2003. Administration of areas included a ithin a Governor's Province or a Chief Commissioner's Province by an Acceding . State . ( 1) The Governor-General may by Order direct that unv area included within a Governor's Province or the whole or any part of the area included within a Chief Commissioner's Proxme shall be a lministered in all respects by a neighbouring Acceding State as if such area formed part such State and there apon the provisions of this Act shall apply accordingly :
31 THE CAZETTE OF INDIA EXTRAORDINARY , JAN . 12 , 1940
Provided that where any such Order is made with respect to any aren meluded within a Governors Province , the Covernor- General shalt , before making such Order , spertain the views of the Government of that Province both with respect to the pro posal to make the Order and with respect to the provisions to be inserted therein .
(2 ) An Order made under sub- section ( 1 ) of this section ma contain such supplemental , incidental and consequential pro visions ( including provisions for varying the representation in the Legislature) is the Governor- Generel roay deem necessary
7. In the Seventh Schedule to the said Act,-
Amendment of the Seventh Schedule .
(4) for pagraph 34 of the Federal Legislative List , the following paragraph shall be substituted namely: -
" 81 Development of industries , where development under Dominion control is declared by Dominion law to be expodient ir the public interest ; regulation and control of such industries " ,
(b ) for paragraph 27 of the Provincial Legislative List , the following paragraph shall be substituted , namely : -
" 27. Trade and commerce within the Province , subject to the provisions in paragraph 31A of List Ill ; markets and fairs , money lending and money lendors . " ;
(c) tot paragraph 20 of the Provincial Legislative List , the following paragraph shall be substituted , namely : --
" 29. Production , supply and distribution of goods and development of industries , subject to the provisions in para- graph 81A of List III. "
( d) afterr paragraph 31 of the Concurrent Legislatino Last , the following paragraph shall be inserted , namely
314 Trade and commerce in , and production supply and distribution of , products of industries , the development of which is declared by Dominion law to be expedient in the public mterest under pragraph 31 of List I
KVK SUNDARAM , Sec .
PUBLISHED BY THE MANAGER OF PUBLICATIONS , DETHI , INDIA . PRINTED DE AANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI , INDIA ,