An Act to provide for the formation of the new State of Himachal
\nPradesh by uniting the existing States of Himachal Pradesh and
\nBilaspur, and for matters connected therewith.<\/p>\n
BE it enacted by Parliament in the Fifth Year of the Republic of
\nIndia as follows:–<\/p>\n
PART I<\/p>\n
PRELIMINARY<\/p>\n
1.Short title and commencement.<\/p>\n
1. Short title and commencement. (1) This Act may be called the
\nHimachal Pradesh and Bilaspur (New State) Act, 1954.(2) It shall come into force on such date1* as the Central
\nGovernment may, by notification in the Official Gazette, appoint in this behalf.<\/p>\n
2.Definitions.<\/p>\n
2. Definitions. In this Act, unless the context otherwise requires,–<\/p>\n
(a) “article” means an article of the Constitution;<\/p>\n
2* * * * *<\/p>\n
(c) “existing States” mean the States specified as Bilaspur and Himachal Pradesh in Part C of the First Schedule to the Constitution immediately before the commencement of this Act, and “existing State” means either of the existing States;<\/p>\n
(d) “law” includes any enactment, ordinance, regulation, order, rule, scheme, notification, bye-law or other instrument having the force of law in the whole or in any part of either of the existing States;<\/p>\n
(e) “Order” means an order published in the Official
\nGazette;<\/p>\n
(f) “Parliamentary constituency” has the same meaning as in the Representation of the People Act, 1950 (43 of
\n1950)
\n———————————————————————-
\n1. 1st July, 1954, Gazette of India, 1954, Extraordinary, Pt. II, Sec. 3, p. 1103.2. Cl. (b) omitted by the Adaptation of Laws (No. 3) Order, 1956.274.(g) “sitting member” in relation to either House of
\nParliament or in relation to the Legislature of the existing State of Himachal Pradesh, means a person who immediately before the commencement of this Act is a member of that House or that Legislature, as the case may be.<\/p>\n
PART II<\/strong><\/p>\n FORMATION OF THE NEW STATE OF HIMACHAL PRADESH<\/p>\n \u00a0<\/strong> 3. Formation of the new State of Himachal Pradesh. As from the commencement of this Act there shall be formed by uniting the existing 4.Amendment of the First Schedule to the Constitution.<\/p>\n 4. Amendment of the First Schedule to the Constitution. In the (a) under the heading “Names of States”–<\/p>\n (i) entry “3. Bilaspur” shall be omitted; and<\/p>\n (ii) entries 4 to 10 shall be renumbered as entries 3 to 9 respectively;<\/p>\n (b) under the heading “Territories of States”, after the first paragraph the following paragraph shall be inserted, namely:–<\/p>\n “The territory of the State of Himachal Pradesh shall comprise the territories which immediately before the commencement of the Himachal Pradesh and Bilaspur <\/span><\/strong><\/div>\n \u00a0<\/p>\n <\/span><\/strong><\/span><\/strong><\/p>\n \u00a0<\/p>\n \u00a0<\/p>\n (2) The sitting member of the Council of States representing the group of States comprising the existing States shall on and from the commencement of this Act represent the new State in the Council but the term of such sitting member shall remain unaltered, that is to say, shall expire on the 2nd of April, 1958.275.6.Amendment of the Fourth Schedule to the Constitution.<\/p>\n 6. Amendment of the Fourth Schedule to the Constitution. In the (i) for entries 4 and 5, the entry “4. Himachal Pradesh (ii) entries 6 to 10 shall be renumbered as entries 5 to 9.respectively.<\/p>\n 7.Amendment of section 27A, Act 43 of 1950.<\/p>\n 7. Amendment of section 27A, Act 43 of 1950. In section 27A of the Representation of the People Act, 1950 (43 of 1950),–<\/p>\n (i) in sub-section (5), for the word “Delhi” the words (ii) sub-section (6) shall be omitted.<\/p>\n House of the People<\/p>\n 8.Representation in the House of the People.<\/p>\n 8. Representation in the House of the People. Until other provision is made by law, there shall be allotted 4 seats to the new 9.Amendment of the First Schedule, Act 43 of 1950.<\/p>\n 9. Amendment of the First Schedule, Act 43 of 1950. In the First (i) entry 3 shall be omitted;<\/p>\n (ii) entries 4 to 12 shall be renumbered as entries 3 to 11.respectively; and<\/p>\n (iii) for the figure “3” in column 2 against Himachal 10.Parliamentary constituencies of the new State and their delimitation.<\/p>\n 10. Parliamentary constituencies of the new State and their delimitation. (1) The new State shall, until other provision is made by law, consist of the following three Parliamentary constituencies, namely:–<\/p>\n (i) the constituency of Bilaspur comprising the existing (ii) the two constituencies into which the existing State of (2) The Delimitation of Parliamentary Constituencies (Part C 11.Sitting members.<\/p>\n 11. Sitting members. (1) The sitting member of the House of the (2) Every sitting member of the House of the People representing a constituency of the existing State of Himachal Pradesh shall, on and from the commencement of this Act, represent the constituency of the same name in the new State and shall be deemed to have been elected to the House of the People by that constituency.<\/p>\n Legislative Assembly of the New State<\/p>\n 12-1.Rep. by the Adaptation of Laws (No. 3) Order, 1956.12-16. Rep. by the Adaptation of Laws (No. 3) Order, 1956.Miscellaneous<\/p>\n 17.Amendment of section 13, Act 43 of 1950.<\/p>\n 17. Amendment of section 13, Act 43 of 1950. In section 13 of the 18.Amendment of section 2, Act 49 of 1951.18. [Amendment of section 2, Act 49 of 1951.] Rep. by the 20.Amendment of section 9, Act 81 of 1952.20. Amendment of section 9, Act 81 of 1952. In section 9 of the 21.Construction of Act 43 of 1950.<\/p>\n 21. Construction of Act 43 of 1950. Any reference to Himachal 22.Electoral rolls of constituencies.<\/p>\n 22. Electoral rolls of constituencies. (1) The electoral rolls of the constituencies of the existing States shall, on and from the commencement of this Act, be deemed to be the electoral rolls of the constituencies of the same name in 1* * * * *<\/p>\n 23.Power of Delimitation Commission to revise its orders.<\/p>\n 23. Power of Delimitation Commission to revise its orders. For the purpose of determination of the number of seats to be allotted to the new State in the House of the People in accordance with the provisions of sub-section (1), and distribution of those seats as well as the seats allotted to the Legislative Assembly of the new State to territorial constituencies and delimitation thereof in accordance with the provisions of sub-section (2) of section 8 of the Delimitation 24.Rules of procedure of the Legislative Assembly of the new State.<\/p>\n 24. [Rules of procedure of the Legislative Assembly of the new (a) the Courts of the Judicial Commissioner for the existing (b) the Judicial Commissioner and the Additional Judicial (c) every person who immediately before the commencement of this Act, is an officer or servant of either of the existing Courts shall be an officer or servant, as the case may be, of the new court deemed to have been appointed on the Provided that nothing in this clause shall be deemed to prevent the new Court from altering the designation or the duties of any office or post;<\/p>\n (d) the new Court shall have all such original, appellate and other jurisdiction as under any law is exercisable immediately before the commencement of this Act by either of the existing Courts in respect of any area forming part of the new State;<\/p>\n (e) the new Court shall have the same powers to admit, suspend and remove advocates, vakils and pleaders and to make rules with respect to advocates, vakils and pleaders in the whole of the new State as are immediately before the commencement of this Act, exercisable by either of the existing Courts:<\/p>\n Provided that subject to any rules made by the new (f) subject to the provisions of this Part, the law in force immediately before the commencement of this Act with respect to the practice and procedure in the Court of the Judicial Commissioner for the existing State of (g) the Judicial Commissioners Courts (Declaration as High 280<\/p>\n (h) all proceedings which immediately before the commencement of this Act are pending in either of the existing Courts shall by virtue of this Act stand transferred to the new Court and shall be continued as if they had been proceedings instituted in that Court;<\/p>\n (i) any order made by either of the existing Courts in any such proceedings as aforesaid shall for all purposes have effect, not only as an order of that Court, but also as an order made by the new Court;<\/p>\n (j) references in any law to either of the existing Courts by whatever name, shall, unless the context otherwise requires, be construed as references to the new Court.<\/p>\n 26.Subordinate Courts.<\/p>\n 26. Subordinate Courts. All Courts which immediately before the commencement of this Act were exercising lawful powers, authority and jurisdiction under the superintendence and control of either of the existing Courts in any area forming part of the new State shall, until further provision is made by a competent legislature or authority, continue to exercise their respective powers, authority and jurisdiction in that area under the superintendence and control of the new Court.<\/p>\n","protected":false},"excerpt":{"rendered":" An Act to provide for the formation of the new State of Himachal Pradesh by uniting the existing States of Himachal Pradesh and Bilaspur, and for matters connected therewith. BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:– PART I PRELIMINARY 1.Short title and commencement. 1. Short title […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[79],"tags":[118,117,116,120,121,119],"class_list":["post-2359","post","type-post","status-publish","format-standard","hentry","category-local-laws","tag-bare-acts","tag-law","tag-legal","tag-notifications","tag-of-india","tag-rules"],"yoast_head":"\n
\n5. Representation in the Council of States. (1) There shall be allotted one seat to the new State in the Council of States.<\/p>\n
\nStates a new Part C State to be known as the State of Himachal Pradesh
\n(hereafter in this Act referred to as the “new State”).<\/p>\n
\nFirst Schedule to the Constitution, in Part C–<\/p>\n
\n(New State) Act, 1954 were comprised in the States of
\nBilaspur and Himachal Pradesh.<\/p>\n
\nFourth Schedule to the Constitution, in the Table of Seats relating to the representatives of States specified in Part C of the First
\nSchedule–<\/p>\n
\n….1” shall be substituted; and<\/p>\n
\n“Delhi, Himachal Pradesh” shall be substituted; and<\/p>\n
\nState in the House of the People.<\/p>\n
\nSchedule to the Representation of the People Act, 1950 (43 of 1950), in the part relating to Part C States,–<\/p>\n
\nPradesh, the figure “4” shall be substituted.<\/p>\n
\nState of Bilaspur; and<\/p>\n
\nHimachal Pradesh has been divided.<\/p>\n
\nStates) Order, 1951,1* shall, until other provision is made by law, have effect subject to the amendments made in the First Schedule.<\/p>\n
\nPeople representing the existing State of Bilaspur shall on and from the commencement of this Act represent the Bilaspur constituency of the new State
\n———————————————————————-
\n1. See Notification No. S.R.O. 706, dated 15th May, 1951, Gazette of
\nIndia, Extraordinary, 1951, Pt. II, Sec. 3, p. 587.276.and shall be deemed to have been elected to the House of the People by that constituency.<\/p>\n
\nRepresentation of the People Act, 1950 (43 of 1950), in clause (b) of sub-section (1), the word “Bilaspur” shall be omitted.<\/p>\n
\nAdaptation of Laws (No. 3) Order, 1956.19.Amendment of the Constitution (Scheduled Castes) (Part C States)Order,
\n1951.19. Amendment of the Constitution (Scheduled Castes) (Part C
\nStates) Order, 1951. The Constitution (Scheduled Castes) (Part C
\nStates) Order, 1951,1* shall be amended as shown in the Second
\nSchedule.<\/p>\n
\nDelimitation Commission Act, 1952 (81 of 1952), in sub-section (3), for the words “and the orders made under any of the said Acts” the words, brackets and figures “the Himachal Pradesh and Bilaspur (New
\nState) Act, 1954 and the orders made under any of the said Acts” shall be substituted.<\/p>\n
\nPradesh in the Representation of the People Act, 1950 (43 of 1950),
\n2***, as amended by this Act shall be construed as a reference to the new State.<\/p>\n
\n———————————————————————-
\n1. See C. O. 32, Gazette of India, 1951, Pt. II, Sec. 3, p. 1198.2. The words “and the Government of Part C States Act, 1951” omitted by the Adaptation of Laws (No. 3) Order, 1956.277-278.the new State and shall continue in force until such rolls are revised, or fresh rolls are prepared, in accordance with law.<\/p>\n
\nCommission Act, 1952 (81 of 1952), it shall be lawful for the
\nDelimitation Commission, notwithstanding anything contained in that
\nAct, to amend, vary or rescind any of its final orders published under section 9 of that Act in so far as any such order relates to any or both of the existing States.<\/p>\n
\nState.] Rep. by the Adaptation of Laws (No. 3) Order, 1956.
\n<\/span><\/strong><\/p>\n
\n<\/span><\/strong>25. Court of the Judicial Commissioner for the new State. As from the commencement of this Act,–<\/p>\n
\nStates (hereafter in this Part referred to as “the existing Courts”) shall be amalgamated and shall constitute the Court of the Judicial Commissioner for the new State (hereafter in this Part referred to as
\n“the new Court”)<\/p>\n
\nCommissioner, if any, for the existing State of
\nHimachal Pradesh shall be respectively the Judicial
\nCommissioner and the Additional Judicial Commissioner for the new State;<\/p>\n
\n———————————————————————-
\n1. Sub-section (2) omitted by the Adaptation of Laws (No. 3) Order,
\n1956.279.same terms and conditions of service (or on terms and conditions as similar thereto as the changes effected by this Act permit) as were applicable to him immediately before such commencement:<\/p>\n
\nCourt in exercise of the powers conferred by this clause, any person who immediately before the commencement of this Act is an advocate, vakil or pleader entitled to practise in either of the existing
\nCourts shall be recognised as an advocate, vakil or pleader entitled to practise in the new Court;<\/p>\n
\nHimachal Pradesh shall, until varied or altered by a competent authority, apply in relation to the new Court with such modifications as may be made by that Court;<\/p>\n
\nCourts) Act, 1950 (15 of 1950) shall apply to the new
\nCourt as if the new Court were in existence at the commencement of that Act; and any other law in force immediately before the commencement of this Act relating to appeals to the Supreme Court from the Court of the Judicial Commissioner for the existing State of
\nHimachal Pradesh shall, with necessary modifications, apply in relation to the new Court;<\/p>\n