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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, WEDNESDAY, JULY 27, 1949

GOVERNMENT OF INDIA

MINISTRY OF LAW

NOTIFICATION

New Delhi, the 27th July, 1949.

No. S. O 25 —The following Order made by the Gov- ernor-General is published for general information :—

THE STATES MERGER (GOVERNORS' PROVINCES ORDER, 1949.

WHEREAS full and exclusive authority, jurisdiction and powers for and in relation to the governance of the Indian States specified in the Schedules annexed hereto are exercis- tible by the Dominion Government;

AND WHEREAS it is expedient to provide by order made under section 290A of the Government of India Act, 1935, for the administration of the said States together with the ad- joining Governors' Provinces;

AND WHEREAS the views of the Governments of the said Provinces have been ascertained both with respect to the pro- posal to make such an Order and with respect to the provi- sions to be inserted therein;

Now, THEREFORE, in the exercise of the powers conferred by the said section 290A, the Governor-General is pleased to make the following Order •—

1. (1) This Order may be cited a the States' Merger (Gov- rrnors' Provinces) Order, 1949

(2) It shall come into force on the first day of August, 1949.

2. In this Order unless there if, anything repugnant in the subject or context,—

(a) "absorbing Province", in relation to a merged State.

means the Province specified in the heading of the Schedule in which that State is specified-

[ 1 3 1 7]

(b) appointed day means the date or the commence-

ment of this Order;

(c) "central purposes" means the purposes of Govern- ment relatable to any of the matters mentioned in the Federal Legislative List;

(d) c'law" includes any ordinance, order, bye-law, rule

or regulation having the force of law;

(e) "merged State" means any of the States specified in the Schedules, and in the case of Baroda, includes also the area known as Kutchigarh situated in Okhamandal;

(f) "Schedule" means a Schedule to this Order.

3. As from the appointed day, the States specified in . each of the Schedules shall be administered in all respects as if they formed part of the Province specified, in the heading of that Schedule; and accordingly, any reference to an Acceding State in the Government of India Act, 1V)35, or in any Act or Ordinance made on or after the appointed day shall be construed as not including a reference to any of the merged States, and any reference in any such Act or Ordinance as aforesaid to a Province specified in a Schedule to this Order shall be construed as including the territories of all the States specified in that Schedule. 4- All the law in force in a merged State or in any part thereof immediately before the appointed day, including orders made under section 3 or section 4 of the Extra-Provin- cial Jurisdiction Act, 1947 (XLVII of 1.947), shall continue in force until repealed, modified or amended by a competent Legislature or other competent authority:

Provided that no orders shall be made under the said Act by any authority on or after the appointed day in relation to the governance of any of the merged States.

5. (1) All property, wherever situate, which, immediately before the appointed day, is vested in the Dominion Govern- ment for purposes of the governance of a merged State shall, wo from that day, vest in the Government of the absorbing Province, unless the purposes for which the property is held immediately before that day are central purposes.

(2) A certificate of the Dominion Government signed bv a Secretary to that Government shall be conclusive as to whether the purposes for which any property is held immediately be- fore the appointed day are central purposes.

6. Arrears of any taxes outstanding in a merged State immediately before the appointed dav shall be deemed to be due.to, and may be recovered by, the Dominion Government or the Government of the absorbing Province, according as the

proceeds of any such tax imposed after the appoiated day would bo due to, and recoverable by, the dominion Govern- ment or the Government of the absorbing Province.

7. (1) All liabilities in respect of such loans, guarantees and other financial obligations of the Dominion Government us arise out of the governance of a merged State, including in particular the liability for the payment of any sums to the lU'iJer of the merged State on account of his privy pufte or to other persons in the merged State on account of political pen- sions and the like, shall, as from the appointed day, be liabi- lities of the absorbing Province, unless the loan, guarantee or other financial obligation is relatable to central purposes.

(2) A certificate of the Dominion Government signed by* a Secretary to that Government shall be conclusive as to whe- ther any loan, guarantee or other financial obligation arising out of the governance of a merged State is relatable to central purposes.

8. Without prejudice to the special provisions contained in Article 7, any contract made or deemed to be made before the appointed day by, or on behalf of, the Dominion for pur- poses connected with the governance of a merged State shall, as from that day, have effect as if it had been made by, or on behalf of, the absorbing Province, unless it is wholly or in part for central purposes.

9. Any proceedings which, if this Order had not been made, might lawfully have been brought in a merged State by or against the Dominion/ shall, in the ease of any liability arising before the appointed day or arising under any con- tract made before that day, be brought^-

00 by or against the Dominion, if the proceedings could have been brought by or against the Dominion had the liability arisen after the appointed day or, as the case may be, arisen under a contract made after the appointed day, and

(b) otherwise, by or against the absorbing Province.

10. If, immediately before the appointed day, any pro- ceedings are pending in a merged State to which the Dominion is a party and if those proceedings would have been brought by or against the absorbing Province under Article 9 had they been brought after the appointed day, the absorbing Province shall be deemed to be substituted in those proceedings for the Dominion, and the proceedings shall continue accordingly

i:}2(l O A Z L T TL ()]<' INDIA l-.X'l H A O I U U N A R Y, , ) U LV 2 7, 1 9 49

11. (1) Notwithstanding anything contained in the Fifth Schedule to the Government of Tndia Act, 1935—

(a) the total of seats in the Legislative Assemblies) of the Provinces specified below shall be as follows : —

M a d r as B o m b ay . . .. Bihar Centra) Provlm "H and Bei iu E a st P u n j ab O r i e aa . . . ..

2M 233 1 f> L 128 H2 91

(b) the total of seats in the Legislative Council ot Bombay shall be increased by 10 and shall be not less than 38 and not more than 40.

(2) Save as provided in this Article, none of the provisions contained in the Fifth or the Sixth. Schedule to the Gov- ernment of Tndia Act, 1935, shall apply in relation to the additional seats created by paragraph (1) of this Article.

(3) The allocation of the additional seats among the merg- ed States for purposes of the nomination hereinafter pro vided shall be as shown in the Schedules.

(4) As soon as may be practicable after the appointed day, the Governor-General shall, by order in writing, nominate duly qualified persons to fill the additional seats and represent the people of the State or group of States to which those seats are allocated."

(5) A person shall not be qualified to be nominated under this Article if he—-

(M) is subject to any disqualification under section (59 of the Government of Tndia Act, 1935; or (b) in the case of a seat in the Legislative Assembly, is less than 25 years of age, and in the case of a seat in the Legislative Council, is less than 30 years of age; or

(c) has not for a period of at least 180 days in the pre- vious financial year resided in a house in the State or group of States to which the seat is allocated.

(6) F.very order made under paragraph (4) of this Article shall he communicated to the Governor of the Province con- cerned, who shall cause it to be notified in the official gazette of The Province and communicated to the Speaker of the Legislative Assembly or, as the case may be, the Piesident of the Legislative Council and to each of "the persons nominated by the order.

(7) If any of the additional seats created by paragraph 1) of this Article becomes vacant, it shall be filled by nomination of the Governor-General in accordance with paragraphs (4), (5) and (6) of this Article.

THE SCHEDULES

[ See Articles 2(e) and 11(3)]

SCHEDULE I

States merged in the Province of Madras Named of States

Number of seats ht

the Legislative

Assembly

Pudukkottai      .     .    .     ."|
BanganapaUe      .
Sandur     .     .     .    .     . J

SCHEDULE II

States merged in the Province of Bombay

Named of Spites

Nurnber of seats in

A'''.

Li'ijhhttive Council

the Legislative

Assembly

B a r o da . . . ..

4

23

' R a j p i p la .

,

.

I

6

. .

1

. , . ,

B a r ia . . .. C h h o t a - U d e p ur . B h a d e r wa S a n j e li " . T h a r f td . W ao A m b a l i n r u, . . .. G h o d a " ar , . . , I l ol . .. K h a t o s an . .. K h a d al . M o h a n p ur P u n a d ra . .. K a n a s an . . . .. S u d a s na . . . .. V a l a s na , , . . V a r s o da . V a a na . j M a l p ur . ( ^ M a n sa . . . ..

' I d ar

V i j a y a n a g ar D a n ta . . . .. P a l a n p ur . . . .. R a d t a n p i ir . . ..

1

1 •

1

B i i i i s da . . . .. D h a r a m p nr . . .. J a w h ar . . . .. S u / j / a na . . . .. J

Number of seat* in

Names of States

I

the -Legislative

No. of seats in the

Legislative Counci

Assembly

Cambay . . . .. Saohin . . . ..

i

Sant " Lunawada . . .. Jumbugodha . . .. Balaainor .

8

Kolhapur . . . ..

1

2 I

Sangli . . . ..

Jath

;

1

2

r 1

Kurundwad (Jr.) Kurundwad (Sr.) Miraj (Jr.) . . .. Miraj (Sr.) . . . . J Aundh . . . . . ~1 Phaltan ^

I

1 1 1 2

1

Bhor Janjira . . . .. Akalkot . . . . A. Sawantwadi' . . .. Jamkhandi Mudhol . . . .. Ramdurg . . . .. Savauur . . . .. Wadi _ 1 •

I

SCHEDULE III

States merged in the Province of Bihar

Ndrnes of States

Number of seats in

the Legislative

Assembly

" 1

Kharsawan . . "\ Seraikella . . . . . J

SCHEDULE IV

States mergod in the Central Provinces & Berar

Number of seals in

Name* of States

the Legislative

Assembly

4 1 2 :i l

B a s t ar . . . .. K a n k er . . . .. R a i g a rh . . . .. S u r g u ja . .. J a a h p ur . C h a n g b h a k ar K o r ea

} •

C h h u i k h a d an K a w a r d ha . .. K h a i r a g a rh . . .. N a n d g a on . . .. M a k r ai

f '

" 1

S a k ti S a r a n g a rh . . .. U d a i p ur . . . ..

SCHEDULE V

States merged in the Province of Eaqt Punjab

Names of States

Number of seats in

the Legislative

Assembly

L o h am D u j a na . . . .. P a t a u di

\ •

SCHEDULE VI

States merged in tho Provinoo of Orissa

Number of seats in

Names of States

the Legislative

A ssembly

M a y u r b h a nj B a m ia . . D h e n k a n al K a l a h a n di N a y a g a rh . .. P a t na . .. B o n ai G a n g p ur . ..

0 1 2 4 I 4 "1 , /

K e o n j h ar . Nilgiri . . , .

•} *

Names of Stales

Number of seats in

tJi^f, Legislative

Assembly

\ ' 1

A t h g a rh . B f t r n m b u. . . . . .. D a s p a l la . . .. H i n d ol . . .. K h t v n d p a r n. . . .. N a r a i n g p ur . .. B a n p ur . . .. T i g i r ia . . .. P a ' l - L a h u ra . . .. T a l o h er .

A t h m a l l ik B a u dh R a i r a k t i ol S o n e p ur .

} *

0. BAJAGOPALACHA\l I,

Governor-General.

K, V. K. SUNDARAM,

Secretary.

PtTHLIHHBD BV IHB MANAGER OF PUBLICATIONS, DlXILI, INDIA

PBTOTID Kt THE MANAGBU, GOVERNMENT OF INDIA PBESS, N"W D*tBI! INIWA.