Updated: Saturday August 10, 2019/AsSabt
Thoul Hijjah 09, 1440/Sanivara
Sravana 19, 1941, at 08:40:36 PM
Indian
10 &
II Geo. 6.
ARRANGEMENT OF SECTIONS.
Section.
6.
The new Dominions.
7.
Territories of the new Dominions. .
8.
Bengal and Assam. .
9.
The Punjab.
10.
The Governor-General of the new Dominions.
11.
Legislation for the new Dominions.
12.
Consequences of the setting up of the new
Dominions.
13.
Temporary provision as to government of each
of the new
Dominions.
14.
' Orders for
bringing this Act into force.
15.
Secretary of State’s services, etc.
16.
Indian armed forces.
17.
British forces in India.
18.
Naval forces.
19.
Provisions as to the Secretary of State and
the Auditor of
Indian Home Accounts.
20.
Legal proceedings by and against the Secretary
of State.
21.
Aden.
22.
Divorce jurisdiction.
23.
Provisions as to existing laws, etc.
24.
Interpretation, etc.
25.
Short title. 1
Schedules:
First Schedule—Bengal Districts provisionally included in the new
Province of East Bengal. >
Second Schedule—Districts provisionally included in the new
Province of West Punjab.
Third Schedule—Modifications of Army
Act and Air Force ’ Act in relation to British forces. •
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Ch. 30. |
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e it enacted by
the King’s m©st Excellent Majesty, by and with the advice and consent of the
Lords Spiritual and Tempcral, and c©mm©ns, in this present Parliament
assembled, and by the authority of the same, as follows
1.
—(1) As from
the fifteenth day of August, nineteen hundred The new and forty-seven, two independent
D©mini©ns shall be set up iu Dominions. India, to be known respectively as India and Pakistan.
(2) The said Dominions are hereafter in this Act referred to As "
the new D©mini©ns ”, and the said fifteenth day of August is hereafter in this
Act referred to as “ the appointed day
2.
—(1) Subject to the provisions of
subsections (3) aud (4) Territories
of of this section, the territories of India shall
be the territories undertiie new the sovereignly of His Majesty
which, immediately before the ns'
appointed day, were included in British India except the territories which,
under subsection (2) of this section, are to be the territories of Pakistan.
(b) the territories which, at
the date of the passing of this
Act, are included in the
Province of Sind and the Chief Commissioner’s Province of British Baluchistan ;
and
(c) if, whether before or after
the passing of this Act but
before the appointed day, the
Governor-General declares that the majority of the valid votes cast in the
referendum which, at the date of the passing of this Act, is being or has
recently been held in that behalf under his authority in the North West
Frontier Province are in favour of representatives of that Province taking part
in the Constituent Assembly of Pakistan, the territories which, at the date of
the passing of this Act, are included in that Province.
(3)
Nothing in this section shall prevent any area
being at any time included in or excluded from either of the new Dominions, so,
however, that— •
(a)
no area not forming part of the territories
specified in
subsection (1) or, as the case
may be, subsection (2), of this section shall be included in either Dominion
without the consent of that Dominion ; and
(b)
npt area which forms part of the territories
specified in
the said subsection (1) or, as
the case may be, the said subsection (2), or which has after the appointed day
been included in either Dominion, shall be excluded from that Dominion without
the consent of that Dominion. ،.
(4) Without prejudice 4o the generality of the provisions of
subsection (3) of this section, nothing in this section shall be construed as
preventing the accession of Indian States to either of the new Dominions.
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Bengal and Assam. 26 Geo. 5 & 1 Edw. 8.
c. |
3.
—(1) As from
the appointed day—
(a)
the Province of Bengal, as constituted under
the Govern
ment of India Act, 1935, shall
cease to exist; and
(b)
there shall be constituted in lieu thereof two
new
Provinces, to
be known respectively as East Bengal and West Bengal.
10 & 11 Geo. 6.
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Ch. 30. |
(3)
The boundaries of the new Provinces aforesaid
and, in the event mentioned in subsection (2) of this section, the boundaries
after the appointed day of the Province of Assam, shall be such as may be
determined, whether before or after the appointed day, by the award of a
boundary commission appointed or to be appointed by the Governor-General in
that behalf, but until the boundaries ate so determined—■ ،
(a)
the Bengal Districts specified in the First
Schedule to
this Act, together with, in the event mentioned in subsection (2)
of this3 section, the Assam District of Sylhet, shall be treated as the
territories which are to be comprised in the new Province of East Bengal; '
(b)
the remainder of the territories comprised at
the date of
the passing of
this Act in the Province of Bengal shall be treated as the territories which
are to be comprised in the new Province of West Bengal; and
(c)
in the event mentioned in subsection (2) of
this section,
the District of
Sylhet shall be excluded from the Province of Assam.
(4)
In this section, the expression “ award ”
means, in relation to a boundary commission, the decisions of the chairman of
that commission contained in his report to the Governor-General at the
conclusion of the commission’s proceeding. ٠
4.
—(1) As from
the appointed day— The Punjab.
(a)
the Province of the Punjab, as constituted
under the Government of India Act, 1935, shall cease to exist; and
(b)
there shall be constituted two new Provinces,
to be known respectively as West Punjab and East Punjab.
(2)
The boundaries of the said new Provinces shall
be such as mav be determined, whether before or after the appointed day, by the
award of a boundary commission appointed or to be appointed by the
Governor-General in that behalf, but until the boundaries are so determined— .
(a)
the Districts specified in the Second Schedule
to this Act ,
. shall be treated
as the territories to be comprised in the
new Province of
West Punjab ; and
(b)
the remainder of the territories comprised at
the date of
the passing of
this Act in the Province of the Punjab shall be treated as the territories
which are to be comprised in the new Province of East Punjab.
(3) In this section, the
expression " award,” means, in relation to a boundary commission, the
decisions of the chairman of that commission contained in his report to the
Governor-General at the conclusion of the commission’s proceedings.
5.
For each of the new Dominions, there shall be
a Governor- The GovernorGeneral who shall be
appointed by His Majesty and shall represent General of His Majesty for the
purposes-of the government of the Dominion :
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Ch. 30. |
Provided that, unless and until provision to the contrary is made
by a law of the Legislature of either of the new Dominions, the same person may
be Governor-General of both the new Dominions.
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Legislation for the new Dominions.، |
6.
—(1) The
Legislature of each of the new Dominions shall have full power to make laws for
that Dominion, including laws having extra-territorial operation.
(2) No law and no provision of
any law made by the Legislature of either of the new Dominions shall be void
or inoperative on the ground that it is repugnant to the law of England, or to
the provisions of this or any existing or future Act of Parliament of the
United Kingdom, or to any order, rule or regulation made under any such Act,
and the powers of the Legislature of each Dominion include the power to repeal
or amend any such Act, order, rule or regulation in so far as it is part of the
law of the Dominion.
(3)
The ، Governor-General of each of
the new Dominions shall have full power to assent in His Majesty’s name to any
law of the Legislature of that Dominion and so much of any Act as relates to
the disallowance of laws by His Majesty or the reservation of laws for the
signification of His Majesty’s pleasure thereon or the suspension of the
operation of laws until the signification of His Majesty’s pleasure thereon
shall not. apply to laws of the Legislature of either of the new Dominions. ■
(4) No Act of Parliament of the
United Kingdom passed on or after the appointed day shall extend, or be deemed
to extend, to either of the new Dominions as part of the law of that Dominion
unless it is extended thereto by a law of the Legislature of the Dominion.
(5) No Order in Council made on
or after the appointed day under any Act passed before the appointed day, and
no order, rule or other instrument made on or after the appointed day under any
such Act by any United Kingdom Minister or other authority, shall extend, or be
deemed to extend, to either of the new Dominions as part of the law of that
Dominion.
, (6) The power
referred to in subsection (1) of this section extends to the making of laws
limiting for the future the powers of the Legislature of the Dominion.
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7, |
—(1) As from
the appointed day—
(a)
His Majesty’s Government in the United Kingdom
have no responsibility as respects the government of any of the territories
which, immediately before that day, were included in British India ;
(b)
the suzerainty of His Majesty over the Indian
States
lapses, and
with it, all treaties and agreements in force at the date of the passing of
this Act between His Majesty and the rulers of Indian States, all functions
exercisable by His Majesty at that date
with respect , t.0 Indian States, all obligations of His
Majesty existing
at that date towards Indian $tates or the rulers thereof, and all
powers, rights, authority or jurisdiction ' exercisable by His Majesty at that
date in or in relation to Indian $tates by treaty, grant, usage, sufferance or
otherwise ن and (ء) there lapse also any treaties or agreements in force at the date
of the passing of this Act between His Majesty and any persons having authority
in the tribal areas, any obligations of His Majesty existing at that date to
any such persons or with respect to the tribal areas, and all powers, rights,
authority or jurisdiction exercisable at that date by His Majesty in or in
relation to the tribal areas by treaty, grant, usage, sufferance or otherwise :
Provided that, notwithstanding anything in paragraph (b) or paragraph (ء)
of this subsection, effect shall, as nearly maybe, continue to be given to the
provisions of any such agreement as is therein referred to which relate to
customs, transit and communications, -posts and telegraphs, or other like
matters, until the provisions in question are denounced by the Ruler of the
Indian $tate or person having authority in the tribal areas on the one hand, or
by the Dominion or Province or other part thereof concerned on the other hand,
or are superseded by subsguent agreements.
(2)
The assent of
the Parliament of the United Kingdom is hereby given to the omission from the
Royal Style and Titles of the words “ Indiae Imperator ” and the words “
Emperor of India ٠’ and to the issue by His Majesty for that
purpose of His Royal Proclamation under the Great Seal of the Realm.
8.
—(1) In the
case of each of the new Dominions, the powers Temporary of the
żegislature of the Dominion shall, for the purj؛ose of provision as making provision as to the constitution of the Do^n؛nion, be أو fachmf^he exercisable in the first instance
by the Constituent Assembly of that Dominion, and references in this Act to the
Legislature Dominions, of the Dominion shall be construed accordingly.
(2) 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 subsectioż
(1) of this section, each of the new Dominions and all Provinces and other
parts thereof shafi be governed as nearly as may be in accordance with the
Government of India Act, 1935 ; and the provisions of that Act, and of the
,Qrders in Council, rules and other instruments made thereunder, shall, so far
as applicable, and subject to any express provisions of this -Act, and with
such, omissions, additions, adaptations and: modifications as may be specified
in orders of the GovernorGeneral under the next succeeding
section, have effect accordingly:
Provided that— ,
{a) the said provisions shall apply
separately in relation to each of the new Dominions and nothing in this subsection
shall be construed as continuing on or after the appointed day any Central
Government or Legislature common to both the new Dominions ;
(b) nothing in this subsection
shall be construed as continuing
in force on or
after the appointed day any form of control by His Majesty’s Government in the
United Kingdom over the affairs of the new Dominions or of any Province or
other part thereof ;
(c) so much of the said
provisions as requires the Governor
General or any Governor to act in his discretion or exercise his
individual judgment as respects any matter shall cease to have effect as from
the appointed day ; it (d) as from the appointed day, no Provincial Bill shall be } reserved under the Government of India Act,
1935, for
the
signification of His Majesty’s pleasure, and no Provincial Act shall be
disallowed by His Majesty thereunder ; and
(e) the powers of the Federal Legislature or Indian Legislature
under that Act, as in force in relation to each Dominion, shall, in the first
instance, be exercisable by the Constituent Assembly of the Dominion in
addition to the powers exercisable by that Assembly under subsection (1) of
this section.
(3) Any provision of the Government of India Act, 1935, which, as
applied to either of the new Dominions by subsection (2) of this section and
the orders therein referred to, operates to limit the power of the legislature
of that Dominion shall, unless and until other provision is made by or in
accordance with a law made by the Constituent Assembly of the Dominion in
accordance with the provisions of subsection (1) of this section, have the like
effect as a law of the Legislature،؛ of the Dominion limiting for
the future the powers of that Legislature.
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Orders for bringing this Act into force. |
9.
—(1) The
Governor-General shall by order make such provision as appears to him to be
necessary or expedient—
(a) for bringing the provisions
of this Act into effectiye
operation ,'
(b) for dividing between the
new Dominions, and between the
new Provinces
to be constituted under this Act, the powers, rights, property,, duties and
liabilities of the Governor-General in Council or, as the case may be, of the
relevant Provinces which, under this Act, are to cease to exist;
(c) for making omissions from,
additions to, and adaptations
and
modifications of, the Government of India Act, 1935, and the Orders
in Council, rules and other instruments made thereunder, in their application
to the separate new Dominions ;
(d) for removing difficulties
arising in connection with the transition to the provisions of this Act;
(e) for authorising the
carrying on of the business of ,the
Governor-General
in Council between the passing of this Act and the appointed day otherwise than
in accordance with the provisions in that behalf of the Ninth Schedule to the
Government of India Act, 1935 ;
(/) for enabling agreements to be entered into, and other acts
done, on behalf of either of the new Dominions before the appointed day; *
(g) for authorising the
continued carrying on f6r the time being on behalf of the new Dominions, or on
behalf of any two or more of the said new Provinces, of services and activities
previously carried on on behalf of British India as a whole or on behalf of the
former Provinces which those new Provinces represent;
(h) for regulating the monetary
system and any matters pertaining to the Reserve Bank of India ; and
(٠) so far as it appears necessary or expedient in connection with any
of the matters aforesaid, for varying the constitution, powers or jurisdiction
of any legislature, court or other authority in the new Dominions and creatmg
new legislatures, courts or other authorities therein.
(2) The powers conferred by
this section on the GovernorGeneral shall, in relation to their
respective Provinces, be exercisable also by the Governors of the Provinces
which, under this Act, are to
cease to exist; and those powers shall, for the purposes of the Government of
India Act, i935> be deemed to be matters as respects which the Governors are,
under that Act, to exercise their individual judgment.
(3) This section shall be
deemed to have had effect as from the third day of June, nineteen hundred and
forty-seven, and any order of the Governor-General or any Governor made on or
after that date as to any matter shall have effect accordingly, and any order
made under this section may be made so as to be retrospective to any date not
earlier than the said third day of June r
Provided that no person shall be deemed to be guilty of an offence؛iby reason of so much of any such
order as makes any provision thereof retrospective to any date before the
making thereof.
(4) Any orders made under this
section, whether before or after the appointed day, shall have effect—
(a) up to the appointed day, in
British India ;
(b) on and after the appointed
day, in the new Dominion or
Dominions concerned ; and
(c) outside British India, or,
as the case may be, outside the
new Dominion or Dominions
concerned, to such extent, whether before, on or after the appointed day, as a
law ox the Legislature of the Dominion or Dominions concerned would have on or
after the appointed day,
but shall, in the case of each
of the Dominions, be subject to the same powers of repeal and amendment as laws
of the Legislature of that Dominion.
(5)
•No order shall be made under this section, by
the Governor of any Province, after the appointed day, or, by the GovernorGeneral, after the thirty-first day of March, nineteen hundred and
forty-eight, or such earlier date as may be determined, in the case of either
Dominion,, by any law of the Legislature of that Dominion. ■
(6) If it appears that a part
of the Province of Assam is, on the appointed day, to become part of the new
Province of East Bengal, the preceding provisions of this section shall have
effect as if, under this Act, the Province of Assam was to cease to exist on
the appointed day and be reconstituted on that day as a new Province.
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Secretary of State’s services, etc. |
10.
—(1) The
provisions of this Act keeping in force provisions of the Government of India
Act, 1935, shall not continue in force the provisions of that Act relating to
appointments to the civil services of, and
civil posts
under, the Crown in India by the
Secretary of State, or the
provisions of that Act relating to the
reservation of posts.
(2) Every person who—
(a)
having been appointed by the Secretary of State,
or Secretary of State in Council, to a civil service
of the
Crown in India continues on and
after the appointed
day to serve under the
Government of either of the new Dominions or of any Province or part thereof;
or
(b) having been appointed by
His Majesty before the ١ appointed day
to be a judge of the Federal Court or of any court which is a High Court within
the meaning of the Government of India Act, 1935, continues on and after the
appointed day to serve as a judge in either of the new Dominions, ..
shall be entitled
to receive from the Governments of the Dominions and Provinces or parts which
he is from time to time serving or, as the case may be, which are served by the
courts,in which he is from time to time a judge, the same conditions of service
as respects remuneration, leave and pension, and the same rights as respects
disciplinary matters or, as the case may be, as respects . the tenure of his
office, or rights as similar thereto as changed circumstances may permit, as
that person was entitled to immediately before the appointed day.
(3) Nothing in this Act shall be construed as enabling the rights and
liabilities, of any person with respect to the family pension funds vested in
Commissioners under section two hundred and seventy-three of the Government of
India Act, 1935, to be governed otherwise than by Orders in Council made
(whether before or after the passing of this Act or the appointed day) by His
Majesty in Council and rules made (whether before or after the passing of this
Act or the appointed day) by a Secretary of State or such other Minister of the
Crown as may be designated in that behalf by Order in Council under the
Ministers of the Crown (Transfer of Functions) Act, 1946. 9 **٠ Geo• e
, II.—(1) The orders to be made by the
Governor-General under Indian the preceding provisions of this Act shall make
provision for the arme(I forces, division of the Indian armed forces
of His Majesty between the new Dominions, and for the command and governance of
those forces until the division is completed. . ؛
(2) As from the appointed day, while any member of His Majesty’s
forces, other than His Majesty s Indian forces, is attached to or serving with
any of His Majesty’s Indian forces—
(a)
he shall, subject to any provision to the
contrary made * by a law of the
Legislature of the Dominion or Dominions
concerned or by
any order of the Governor-General under the preceding provisions of this Act,
have, in relation to the Indian forces in question, the powers of command and
punishment appropriate to his rank and - ,؛ functions; but ,
(b)
nothing in any enactment in force at the date
of the.
passing of this Act shall render
him subject in any way ' to the law governing the Indian forces in question.
12.
—(1) Nothing in
this Act affects the jurisdiction or authority British forces of His Majesty’s
Government in the United Kingdom, or of the in Inc؛؛a• Admiralty, the Army Council,
or the Air Council or of any other - United Kingdom authority, in relation to
any of His Majesty s forces which may, on or after the appointed day, be in
either of the new Dominions or elsewhere in the territories which, before the
appointed day, were included in India, not being Indian forces.
(2) In its application in
relation to His Majesty’s military forces, other than Indian forces, the Army
Act shall have effect on or after the appointed day—
(a) as if His Majesty’s Indianfforces were not
included in
the express^ns
“ the forces ”, “ His Majesty’s forces ” and “ the regular forces ” ; and
(b) subject to the further
modifications specified in Parts I
■ and II of the Third
Schedule to this Act.
(3) Subject to the provisions
of subsection (2) of this section, and to any provisions of any law of the
Legislature of the Dominion concerned, all civil authorities in the new
Dominions, and, subject as aforesaid and subject also to the provisions of the
last preceding, section, all service authorities in the new Dominions, shall,
in those Dominions and in the other territories which were included in India
before the appointed day, perfornl in relation to His Majesty’s military
forces, not being Indian forces, the 1same functions as were, before
the appointed day, performed by them, or by the authorities corresponding to
them, whether by virtue of the Army Act or otherwise, and the matters for
which provision is to be made by orders of the Governor-General under the
preceding provisions of this Act shall include the facilitating of the
withdrawal from the new Dominions and other territories aforesaid of His
Majesty’s military forces, not being Indian forces.
(4) The provisions of
subsections (2) and (3) of this section shall apply in relation to the air
forces of His Majesty, not being Indian air forces, as they apply in relatio'n
to. His Majesty’s military forces, subject, however, to the necessary
adaptations, and, in particular, as if-
(a)
for the
references to the Army Act there ^؛ere substituted references to the Air Force Act; and
(ة) for the reference to Part II of the Third Schedule to this Act
there were substituted a reference to Part III of that Schedule. ١
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Naval forces. |
13.
f—(1) In the
application of the Naval Discipline Act to His Majesty’s naval forces, other
than Indian naval forces, references to His Majesty’s navy and His Majesty’s
ships shall not, as from the appointed day, include references to His Majesty’s
dffin ^vy or the ships thereof.
(2)
In the
application of the Naval Discipline Act by virtue of ^iy law made in India
before the appointed day to Indian naval forces, references to'His Majesty’s
navy and His Majesty’s ships shall, as from the appointed day, be deemed to be,
and to be only, references to His Majesty’s Indian navy and the ships thereof.
(3) In section ninety B of the Naval Discipline Act (which, in certain
cases, subjects officers and men of the Royal Navy and Royal Marines to the law
and customs of the ships and naval forces of other parts of His Majesty’s
dominions) the words “ or of India ” shall be repealed as from the appointed
day, wherever those words occur.
14.
—(1) A
Secretary of State, or such other Minister of the Provisions Crown as may be
designated in that behalf by Order in Council t0
the
'under the Ministers of the Crown (Transfer of Functions) Act, ^
1946, is hereby
authorised to continue for the time being the Auditor of performance, on behalf of
whatever government or governments Indian Home may be concerned, of functions as to the making of payments Accounts, and other
matters similar to the functions which, up to the appointed day, the Secretary
of State was performing on behalf
of governments
constituted or continued under the Government of India Act, 1935.
(2) The functions referred to
in subsection (1) of this section include functions as respects the management
of, and the making of payments in respect of, government debt, and any
enactments relating to such debt shall have effect accordingly :
Proviiied that nothing in this subsection shall be construed as
continuing in force so much of any enactment as empowers the Secretary of State
to contract sterling loans on behalf of any such Government as aforesaid or as
applying to the Government of either of thn new Dominions the prohibition
imposed on the Governor-General in Council by section three hundred and fifteen
of the Government of India Act, 1935» as respects the contracting of sterling loans.
(3) As from the appointed day,
there shall not be any such advisers of the Secretary of State as are provided
for by section two hundred!'and seventy-eight of the Government of India Act,
1935, and that
section, and any provisions of that Act which require the Secretary of State to
obtain the concurrence of his advisers, are hereby repealed as from that day.
(4) The Auditor of Indian Home
Accounts is hereby authorised . to continue for the time being to exercise his
functions as respects
the accounts of the Secretary of
State or any such other Minister of the Crown as is mentioned in subsection (1)
of this section, . both in respect of activities before, and in respect of
activities after, the appointed day, in the same manner, as nearly as may be as
he would have done if this Act had not passed.
15.
—(1) Notwithstanding
anything in this Act, and, in par- ؛؛ ticular, notwithstanding any of the
provisions of the last preceding and section, any provision of any
enactment which, but for the passing against the of this Act, would authorise legal proceedings to be taken, in Secretary of India or
elsewhere, by or against the Secretary of State in respect State.
of any right or
liability of India or any part of India shall cease to ha^e effect on the
appointed day, and any legal proceedings pending by virtue of any such
provision on the appointed day shall, by virtue of this Act, abate on the
appointed day, so far as the Secretary of State is concerned.
(2) Snbject to the provisions
of this subsection, any legal p^ceedin^s which, but for the passing of this
Act, could have ^een brought by or against the Secretary of State in reject of
a^y right or liability of India, or any part of India, shall instead be
brought—
(a)
in the case of
proceedings in the United Kingdom, by or against the High Commissioner ;
(ة) in the case of other
proceedings, by or against such person as may be designated by order of the GovernorGeneral under the preceding provisions of this Act or other^se by the law
of the new Dominion concerned^ and any legal proceedings by or against the
Secretary of State in respect of any such right or liability as aforesaid which
are pendiPg immedi؛^ely before the appointed day
shall be continued by or against the High Commissioner or, as the case may be,
the person designated as aforesaid :
Provided that, at any time after the appointed day, the right
conferred by this subsection to bring or continue proceedings may, whether the
proceedings are by, or are against, the High Commissioner or person designated
as aforesaid؛ be withdrawn by a law of the
Legislature of either of the new Dominions so far as that Dominion is
concerned, and any such law may operate as respects proceedings pending at the
date of the passing of the law.
(3) In this section, the
expression “ the High Commissioner ” means, in relation to each of the new
Dominions, any such officer as may for the time being be authoi^sed to perform
in the United Kingdom, in relatio^ to that D'ominion, functions similar to
those performed before the appointed day, in relation to the Governor-General
in Council, by the High Commissioner referred to in section three hundred and
two of the Government of India Act, 1935 ; and any legal proceedings which,
immediately before the appointed day, are the subject of an appeal to His
Majesty in Council, or of a petition for special leave to appeal to His Majesty
in Council, shall be treated for the purposes of this section as legal
proceedings pending in the United Kingdom.
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Aden. |
16.
—(1)
Subsections (2) to (4) of section two hundred and eighty-eight of the
Government of India Act, و3ول (which confer on His Majesty power to make
by Order in Council provision for the government of Aden) shall cease to have
effect and the British Settlements Acts, 1887 and 1945, (which anthorise His
Majesty to make laws and establish institutions for British Settlements as
defined in those Acts) shall apply in relation to Aden as if it were a British
Settlement as so defined.
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10 & II Geo. 6. |
(2) Notwithstanding the repeal
of the said subsections (2) to
(4)
, the Orders in
Council in force thereunder at the date of the passing of this Act shall
continue in force, but the said Orders in Council, any other Orders in Council
made under the Government 'of India Act, و3ول, in so far as they apply to Aden, and any
enactments applied to Aden or amended in relation to Aden by any such Ordem in
Council as aforesaid, may be repealed, revoked ؛ or amended under the powers
of the British Settlements Acts,
1887 and 1945.
(3)
Unless and until provision to the contrary is
made' as respects Aden under the powers of the British Settlements Acts,
1887 and 1945,
or, as respects the new Dominion in question, by a law of the Legislature of
that Dominion, the .. of the said Orders in Council and enactments relating to
appeals from any courts in Aden to any courts which will, after the appointed
day, be in either of the new Dominions, shall continue in force in their
application both to Aden and to the Dominion in question, and the last mentioned
courts shall exercise their jurisdiction accordingly.
17.
—(1) No court in either of the new.
Dominions shall, by Divorce virtue of the Indian and Colonial Divorce Jurisdiction Acts, jurisdiction. 1926 and 1940,
have jurisdiction in or in relation to any proceedings for a decree for dhe
dissolution of a marriage, unless those proceedings were instituted before the
appointed day, but, save as aforesaid and subject to any provision to the
contrary which may hereafter be made by any Act of the Parliament of the United
Kingdom or by any law of the Legislature of the new Dominion concerned, all
courts in the new Dominions shall have
the same
jurisdiction under the said Acts as they would have had if this Act had not
been passed.
(2) Any rules 'made on or after
the appointed day under subsection (4) of section one of the Indian Colonial
Divorce-^7أ * ؛؛ Jurisdiction ^ct, ة2ول, for a court in either of the new Dominions eo■
[1]'
c' 4°' shall, instead of being made by the $ecretary of
State with the concurrence of the Lord Chancellor, be made by such authority
as may be
determined by the law of the Dominion concerned, and so much of the said subsection and of any rules
in force thereunder immediately before the appointed day as require the
approval of the Lord Chancellor to the nomination for any pu^ose of any judges
of any such court shall cease to have effect.
(3)
The reference in subsection (1) of this
section to proceedings for a decree for the dissolution of a marriage include
references to proceedings for such a decree of presumption of death and
dissolution of a marriage as is authorised by section eight of the I Edw. 8&I Matrimonial Causes Act, 1937.
(4) Nothing in this section affects any court outside the new
Dominions, and the power conferred by section two of the Indian and Colonial
Divorce Jurisdiction Act, 1926, to apply certain provisions of that Act to
other parts of His Majesty’s dominions as they apply to India shall be deemed
to be power to apply those provisions as they would have applied to India if
this Act had not passed.
|
Provisions to existing laws, etc. |
18.
—(1) In so far
as any Act of Parliament, Order in Council, order, rule, regulation or other,
instrument passed or made before the appointed day operates otherwise than as
part of the law of British India or the new Dominions, references therein to
India or British India, however worded and whether by name or not, shall, in so
far as the context permits and except so far as Parliament may hereafter
otherwise provide, be construed as, or as including, references to the new
Dominions, taken together, or taken separately, according as the circumstances
and subject matter may require : .
Provided that nothing in this
subsection shall be construed as continuing in operation any provision in so
far as the continuance thereof as adapted by this subsection is inconsistent
with any of the provisions $f this Act other than this section.
(2) Subject to the provisions
of subsection (i)_ of this section and.to any other express provision of this
Act, the Orders in Council made under subsection (5) of section three hundred
and eleven of the Government of India Act, 1935, for adapting and modifying
Acts of Parliament shall, except so far as Parliament may hereafter otherwise
provide, continue in force in relation to all Acts in so far as they operate
otherwise than as part of the law of British India or the new Dominions.
(3) Save as otherwise expressly
provided in this Act, the law of British India and of the several parts thereof
existing immediately before the appointed day shall, so far as applicable and
with the necessary adaptations, continue as the law of each of the new
Dominions and the several parts thereof until other 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.
19.
—(1) References
in this Act to the Governor-General shall, interpreta- in relation to
any order to be made or other act done on or after tion, etc. the appointed
day, be construed—
{a) where the order or other act concerns
one only of the new Dominions, as references to the Governor-General of that
Dominion ;
(b) where the order or other
act concerns both of the new
Dominions and the same person is the
Governor-General of both those Dominions, as references to that person ; and ■ ' ؛
(c) in any other case, as
references to the Governors-General
of the new Dominions, acting
jointly.
(2) References in this Act to
the Governor-General shall, in relation to any order to be made or other act
done before the appointed day, be construed as references to the
Governor-General of India within the meaning of the Government of India Act,
1935, and so much of that or any
other Act as requires references to the Governor-General to be construed as
references to the Governor-General in Council shall not apply to references to
the Governor-General in this Act.
(3) References in this Act to
the Constituent Assembly of a Dominion shall be construed as references—
(a) in relation to India, to
the Constituent Assembly, the first sitting whereof was held on the ninth day
of December, nineteen hundred and forty-six, modified—
(i)
by the exclusion of the members representing
Bengal, the Punjab, Sind and British Baluchistan ; and
(ii)
should it appear that the North West Frontier
Province will form part of Pakistan, by the exclusion of the members
representing that Province ; and
(iii)
by the inclusion of members representing West
Bengal and East Punjab ; and
(iv)
should it appear that, on the appointed day, , a part of the Province of Assam is to form
part of
the new
Province of East Bengal, by the exclusion of the members theretofore representing
the Province of Assam and the inclusion of members chosen to represent the
remainder of that Province ;
(b) in relation to Pakistan, to
the Assembly set up or about
to be set up at
the date of the passing of this Act under the authority of the Governor-General
as the Constituent Assembly for Pakistan : .
Provided that nothing in this subsection shall be construed as
affecting the extent to which representatives of the Indian States take part in
either of the said Assemblies, or as preventing the
filling of casual vacancies in
the said Assemblies^ or as preventing the participation ط either of the said Assemblies, in accordance with such
arrangements as may be made in that ^ehah, of representatives of the tribal
areas on the borders of the Dominion fo^• which that Assembly sits, and the
powers of the said Assemblies shah extend and be dee^ned always to have
extended to the making of provision for the matters specified in this proviso.
(4) In this Act, except so far
as the context otherwise requires— references to the Government of India Act,
1935, include
|
و
& I© Geo, 39 .ء• |
references to any enactments
amending or supplementing that Act, and, in particular, references to the
India (Central Government and Legislature) Act, 1946 ;
“ India ”, where the reference
is to a state of affairs existing before the appointed day or which would have existed
but for the passing of this Act, has the meaning assigned to ff bytion three
hundred and eleven of the Government of India Act, 1935 ;
“ Indian forces ” includes all
His Majesty’s Indian forces existing before toe appointed day and also any
forces of either of the new Dominions ;
. “ pension ” ;means, in relation to
any person, a pension whether contributory or not, of any kind whatsoever
payable to or in respect of that person, and includes retired pay so payable, a
gratuity so payable and any sum or sums so payable by way of the return, with
or without interest thereon or other additions thereto, of subscriptions to a
provident fund ;
“ Province ” means a Governor's
Province ;
“ ” ” includes leave pay, allowances and
the cost
of any privileges or facilities
provided in kind.
|
Short
title. |
(5)
Any power conferred by this Act to make any
order includes po^r to revoke or vary anv order previously made in the exercise of that power.
20. This Act may be cited as the Indian Independence Act,
1947•
SCHED U|L|E S .
|
Section 3. |
BENGAL
DISTRICTS PROVISIONALLY INCLUDED IN THE NEW PROVINCE OF EAST BENGAL.
In the Chittagong Division, the districts of Chittagong, Noakhali
and Tippera.
In the Dacca Division, the districts of Bakarganj, Dacca, Faridpur
and Mymensingh.
In the Presidency Division, the districts of Jessore, Murshidabad
and Nadia. .
In the Rajshahi Division, the
districts of Bogra, Dinajpur, Malda, Pabna, Rajshahi and Rangpur.
|
Section 4. |
DISTRICTS PROVISIONALLY INCLUDED IN THE NEW PROVINCE OF WEST
PUNJAB.
In the Lahore Division, the districts of Gujranwala, Gurdaspur,
Lahore, Sheikhupura and Sialkot.
In the Rawalpindi Division, the districts of Attock, Gujrat,
Jhelum, Mianwali, Rawalpindi and Shahpur.
In the Multan Division, the districts
of Dera Ghazi Khan, Jhang, Lyallpur, Montgomery, Multan and Muzaffargarh.
|
Section 12. |
MODIFICATIONS OF ARMY ACT AND AIR FORCE ACT IN RELATION TO BRITISH
FORCES.
Part I.
Modifications of Army
Act applicable also to Air Force Act.
1.
The proviso to section forty-one (which limits
the jurisdiction of courts martial) shall not apply to offences committed in
either of the new Dominions or in any of the other territories which were
included in India before the appointed day.
2.
In section forty-three (which relates to
complaints), the words “ with the approval of the Governor-General of India in
Council ” shall be omitted.
3.
In subsections (8) and (9) of section
fifty-four (which, amongst other things, require certain sentences to be
confirmed by the GovernorGeneral in Council), the words “ India
or ”, the words “ by the
Governor-General, or, as the
case may be ” and the words “ in India, by the Governor-General, or, if he has
been tried ” shall be omitted.
|
3rd Sch. —cont. |
4.
In subsection (3) of section seventy-three
(which provides for the nomination of officers with power to dispense with
courts martial for desertion and fraudulent enlistment) the words “ with the
approval of the Governor-General ” shall be omitted.
5.
The powers conferred by subsection (5) of
section one hundred and thirty (which provides for the removal of insane
persons) shall not be exercised except with the consent of the officer
commanding the forces in the new Dominions.
6.
In subsection (2) of section one hundred and
thirty-two (which relates to rules regulating service prisons and detention
barracks) the words “ and in India for the Governor-General ” and the words “
the Governor-General ” shall be omitted except as respects rules made before
the appointed day.
7.
In the cases specified in subsection (1) of
section one hundred and thirty-four, inquests shall be held in all cases in
accordance with the provisions of subsection (3) of that section.
8.
In section one hundred and thirty-six (which
relates to deductions from pay), in subsection (1) the words “ India or ” and
the words “ being in the case of India a law of the Indian legislature ”, and
the whole of subsection (2), shall be omitted.
9.
In paragraph (4) of section one hundred and
thirty-seven (which relates to penal stoppages from the ordinary pay of
officers), the words “or in the case of officers serving in India the GovernorGeneral ” the words “ India or ” and the words “ for India or, as the
case may be ” shall be omitted.
10. In paragraph (12) of
section one hundred and seventy-five and paragraph (n) of section one hundred
and seventy-six (which apply the Act to certain members of His Majesty’s Indian
Forces and to certain other persons) the word “ India ” shall be omitted
wherever it occurs.
11. In subsection (1) of section
one hundred and eighty (which provides for the punishment of misconduct by
civilians in relation to courts martial) the words “ India or ” shall be
omitted wherever they occur.
12. In the provisions of
section one hundred and eighty-three relating to the reduction in rank of
non-commissioned officers, the words “ with the approval of the
Governor-General ” shall be omitted in both places where they occur.
Part II.
Modifications of Army
Act.
Section 184B (which regulates relations with the Indian Air Force)
shall be omitted.
Part III.
|
3RD SCH. —Cont, |
Modifications of Air
Force Act.
1.
In section 179D (which relates to the
attachment of officers and airmen to Indian and Burma Air Forces), the words “
by the Air Council and the Governor-General of India or, as the case may be,”
and the words “ India or ”, wherever those words occur, shall be omitted.
2.
In section 184B (which regulates relations
with Indian and Burma Air Forces) the words “ India or ” and the words “ by the
Air Council and the Governor-General of India or, as the case may be,” shall be
omitted.
3.
Sub-paragraph (e) of paragraph (4) of section one
hundred and ninety (which provides that officers of His Majesty’s Indian Air
Force are to bs officers within the meaning of the Act) shall be omitted.
(2) Subject to the provisious of subsecti©ns (3)
and (4) of this section, the territories of Pakistan shall be—
1.
the territories
which, on the appointed day, are included in the Proviuces of ؛East Bengal and West Punjab, as constituted under the two
following secti©n.s ;
(2) If,
whether before or after the passing of this Act, but before the appointed day,
the Governor-General declares that the majority of the valid votes cast in the
referendum which, at the date of the passing of this Act, is being or has
recently been held in that behalf under his authority in the District of Sylhet
are in favour of that District forming part of the new Province of East Bengal,
then, as from that day, a part of the Province of Assam shall, in accordance
with the provisions of subsection (3) of this section, form part of the new
Province of East Bengal.
(4) It is hereby declared that
the Instruments of Instructions issued before the passing of this Act by His
Majesty to the Governor-General and the Governors of Provinces lapse as from
the appointed day, and nothing in this Act shall be construed as continuing in
force any provision of the Government of India Act, 1935, relating to such
Instruments of Instructions
|
|
Indian
1947 CHAPTER 30 10 and 11 Geo 6
An Act to make provision for the setting up in India of two independent Dominions, to substitute other provisions for certain provisions of the Government of India Act 1935, which apply outside those Dominions, and to provide for other matters consequential on or connected with the setting up of those Dominions [18th July 1947]
1 The new Dominions.
2.
As from the fifteenth day of August, nineteen hundred and
forty-seven, two independent Dominions shall be set up in
3. The said Dominions are hereafter in this Act referred to as “the new Dominions”, and the said fifteenth day of August is hereafter in this Act referred to as “the appointed day”.
2—5
Annotations:
Amendments (Textual)
F1 Ss. 2-5, 6(1)—(3)(6), 8-12 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. VII
6 Legislation for the new Dominions.
26.
No Act of Parliament of the United Kingdom passed on or
after the appointed day shall extend, or be deemed to extend, to either of the
new Dominions as part of the law of that Dominion unless it is extended thereto
by a law of the Legislature of the Dominion.
27. No Order in Council made on or after the appointed day under any Act passed before the appointed day, and no order, rule or other instrument made on or after the appointed day under any such Act by any United Kingdom Minister or other authority, shall extend, or be deemed to extend, to either of the new Dominions as part of the law of that Dominion.
7. )
Annotations:
Amendments (Textual)
F2 Ss. 2-5, 6(1)-(3)(6), 8-12 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. VII
Consequences of the setting up of the new Dominions.
(5) As from the appointed day—
(d)
His Majesty’s
Government in the
(e) the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States, all functions exercisable by His Majesty at that date with respect to Indian States, all obligations of His Majesty existing at that date towards Indian States or the rulers thereof, and all powers, rights, authority or jurisdiction exercisable by His Majesty at that date in or in relation to Indian States by treaty, grant, usage, sufferance or otherwise; and
(f) there lapse also any treaties or agreements in force at the date of the passing of this Act between His Majesty and any persons having authority in the tribal areas, any obligations of His Majesty existing at that date to any such persons or with respect to the tribal areas, and all powers, rights, authority or jurisdiction exercisable at that date by His Majesty in or in relation to the tribal areas by treaty, grant, usage, sufferance or otherwise:
Provided that, notwithstanding anything in paragraph (b) or paragraph (c) of this subsection, effect shall, as nearly as may be, continue to be given to the provisions of any such agreement as is therein referred to which relate to customs, transit and communications, posts and telegraphs, or other like matters, until the provisions in question are denounced by the Ruler of the Indian State or person having authority in the tribal areas on the one hand, or by the Dominion or Province or other part thereof concerned on the other hand, or are superseded by subsequent agreements.
(6) The assent of the Parliament of the
Indian
Document Generated: 2012-03-05
Changes
to legislation: There
are currently no known outstanding effects for the Indian
Annotations:
F3 Ss. 2-5, 6(1)-(3)(6), 8-12 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. VII
Annotations:
F4 S. 13 repealed by Naval Discipline Act 1957 (c. 53), Sch. 6
F514 fProvisions as to the Secretary of State and the Auditor of Indian Home
Accounts.
Annotation؟:
F5 S. 14 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. IX Grou^.
15 Legal proceedings by and against the Secretary of State.
(c) Notwithstanding anything in this Act, and, in particular, notwithstanding any of the provisions of the last preceding section, any provision of any enactment which, but for the passing of this Act, would authorise legal proceedings to be taken, in India or elsewhere, by or against the Secretary of State in respect of any right or liability of India or any part of India shall cease to have effect on the appointed day, and any legal proceedings pending by virtue of any such provision on the appointed day shall, by virtue of this Act, abate on the appointed day, so far as the Secretary of State is concerned.
(d) Subject to the provisions of this subsection, any legal proceedings which, but for the passing of this Act, could have been brought by or against the Secretary of State in respect of any right or liability of India, or any part of India, shall instead be brought—
(c) in the case of proceedings in the
(d) in the case of other proceedings, by or against such person as may be designated by order of the Governor-General under the preceding provisions of this Act or otherwise by the law of the new Dominion concerned,
and any legal proceedings by or against the Secretary of State in respect of any such right or liability as aforesaid which are pending immediately before the appointed day shall be continued by or against the High Commissioner or, as the case may be, the person designated as aforesaid:
Provided that, at any time after the appointed day, the right conferred by this subsection to bring or continue proceedings may, whether the proceedings are by, or are against, the High Commissioner or person designated as aforesaid, be withdrawn by a law of the Legislature of either of the new Dominions so far as that Dominion is concerned, and any such law may operate as respects proceedings pending at the date of the passing of the law.
(e) In this section, the expression “the High Commissioner” means, in relation to each of the new Dominions, any such o®cer as may for the time being be authorised to perform in the United Kingdom, in relation to that Dominion, functions similar to those petformed before the appointed day, in relation to the Governor-General in Council, by the High Commissioner referred to in section three hundred and two of the ^*Government of India Act 1935; . . . F6
Annotation؟:
F6 Words repealed by Statue Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. V[[
Ml 1935 c. 2 (26 Geo. 5 & 1 Edw. 8).
16 ...................................................................................... F7
Annotations:
F7 Ss. 14(3)(4), 16, 18(3)-(5), 19, Schs. 1, 2 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. VII
17
Annotation؟:
F8 S. 17 repealed by Family Law Act 1986 (c.55,SIF 49:3), 2)68.؟),Sch.2
18 Provisions as to existing laws, etc.
(1) In so far as any Act of Parliament, Order in Council, order, rule, regulation or other instrument passed or made before the appointed day operates otherwise than as part of the law of British India or the new Dominions, references therein to India or British India, however worded and whether by name or not, shall, in so far as the context permits and except so far as Parliament may hereafter otherwise provide, be construed as, or as including, references to the new Dominions, taken together, or taken separately, according as the circumstances and subject matter may require: Provided that nothing in this subsection shall be construed as continuing in operation any provision in so far as the continuance thereof as adapted by this subsection is inconsistent with any of the provisions of this Act other than this section.
F9(2)
Annotations:
F9 S. 18(2) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. X Group 5
F10 Ss. 14(3)(4), 16, 18(3)-(5), 19, Schs. 1, 2 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. VII
19
Annotations:
F11 Ss. 14(3)(4), 16, 18(3)-(5), 19, Schs. 1, 2 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. VII
20 Short title.
This Act may be
cited as the Indian Independence Act 1947.
Indian
FIRST-SECOND SCHEDULES -
Document Generated: 2012-03-05 Changes
to legislation: There
are currently no known outstanding effects for the Indian
FIRST—SECOND
SCHEDULES
Annotations:
F12 Ss. 14(3)(4), 16, 18(3)-(5), 19, Schs. 1, 2 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. VII
THIRD SCHEDULE
Annotations:
F13 Sch.
3 repealed by Revision of the Army and
Air Force Acts (Transitional Provisions) Act 1955 (c. 20), Sch. 4
Changes to legislation:
There are currently no known outstanding
effects for the Indian