Acquired Territories (Merger) Act, 1960

THE ACQUIRED TERRITORIES (MERGER) ACT, 1960

[ Act No. 64 of 1964 ]

[ 28th December 1960 ]

An Act to provide for the merger into the States of Assam, Punjab, and West Bengal of certain territories acquired in pursuance of the agreements entered into between the Governments of India and Pakistan for matters connected therewith. BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:-

1. Short title

This Act may be called the Acquired Territories (Merger) Act, 1960.

2. Definitions

In this Act, unless the context otherwise requires,

(a) “acquired territories” mean so much of the territories comprised in the IndoPakistan agreements and referred to in the first Schedule as are demarcated for the purpose of being acquired by India in pursuance of the said agreements.

(b) “appointed day” means such date as the Central Government may, by notification in the Official Gazette, appoint for the merger of the acquired territories under section 3, after causing the territories to be so acquired demarcated for the purpose, and different dates may be appointed for the merger of such territories into different States;

(c) “assembly constituency”, “council constituency” and “parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);

(d) “Indo-Pakistan agreements mean the Agreements dated the 10th day of September 1958, the 23rd day of October, 1959 and the 11th day of January 1960 entered into between the Governments of India and Pakistan the relevant extracts of which are set out in the Second Schedule;

(e) “law” includes any enactment ordinance, regulation order, bye-law, rule, scheme, notification or other instruments having the force of law in the whole or in any part of the acquired territory;

(f) “sitting member” in relation to either House of parliament or of the Legislature of a State, means a person who , immediately before the appointed day, is a member of that House;

(g) “State concerned” in relation to the acquired territories referred to in Part I, Part II and Part III of the First Schedule , means, respectively , the State of Assam , the Sate of Punjab and the State of West Bengal ; and “State Government concerned” shall be construed accordingly;

(h) “Union purposes” mean the purposes of Government relatable to any of the matters mentioned in List I of the Seventh Schedule to the Constitution.

3. Merger of acquired territories

(1) As from the appointed day, the acquired territories referred to in Part, Part II and Part III of the first Schedule shall, respectively be included in , and from part of, the States of Assam, Punjab and West Bengal.

(2) As from the appointed day, the State Government concerned shall, by order in the Official Gazette, provide for the administration of the acquired territories included in that State by including them or any part of them in such district , sub-division, police station or other administrative unit as may be specified in the order.

4. Amendment of the First Schedule to the Constitution

As from the appointed day, in the First Schedule to the Constitution –

(a) in the paragraph relating to the territories of the State of Assam , after the words “the Assam Tribal Areas”, the words , figures and brackets “and the territories referred to in Part I of the First Schedule to the Acquired Territories (Merger) Act, 1960 “, shall be inserted.

(b) in the paragraph relating to the territories of the State of Punjab after the words and figures the States Reorganisation Act, 1956 ” the words, figures and brackets “and the territories referred to in Part II of the First Schedule to the Acquired Territories (Merger) Act, 1960” shall be inserted;

(c) in the paragraph relating to the territories of the State of West Bengal, after the words, brackets and figures “the Bihar and West Bengal (Transfer of Territories) Act, 1956 ” the words, figures and brackets “and the territories referred to in Part III of the First Schedule to the Acquired Territories (Merger) Act, 1960 be inserted.

5. Construction of references to existing constituencies

As from the appointed day,-

(a) any reference in the Delimitation of Parliamentary and Assembly Constitution Order, 1956-

(i) to the State of Assam or Punjab or West Bengal, shall be construed as including that part of the acquired territory which is included in that State;

(ii) to any district, shall be construed as including that part of the acquired territory, if any, which is included in that district , by order made under sub-section (2) of section 3;

(b) any reference in the Delimitation of Council Constituencies (Punjab) Order, 1951-

(i) to the State of Punjab, shall be construed as including that part of the acquired territory which is included in that State;

(ii) to any district, shall be construed as including that part of the acquired territory, if any, which is included in that district, by order made under sub-section (2) of section 3.

(c) any reference in the Delimitation of Council Constituencies (West Bengal) Order, 1951-

(i) to the State of West Bengal , shall be construed as including that part of the acquired territory which is included in that State;

(ii) to any division or district, shall be construed as including that part of the acquired territory, if any, which is included in that division or district, by order made under sub-section (2) of section 3.

6. Provisions as to sitting members

(1) Every sitting member of the House of the People representing any parliamentary constituency the extent of which has been altered virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed to have been elected as from the appointed day to that House by that constituency as so altered.

(2) Every sitting member of the Legislative Assembly of the State of Assam or Punjab or West Bengal representing any assembly constituency the extent of which has been altered by virtue of the provisions of this Act, shall, notwithstanding such alteration , be deemed to have been elected as from the appointed day to the Legislative Assembly by that constituency as so altered.

(3) Every sitting member of the Legislative Council of Punjab or West Bengal representing any council constituency the extent of which has been altered by virtue of the provisions of this Act, shall, notwithstanding such alteration be deemed to have been elected as from the appointed day to the said Legislative Council by that constituency as so altered.