West Bengal Transferred Territories (Assimilation of Laws) Act, 1958
No: 19 Dated: Sep, 24 1958
THE WEST BENGAL TRANSFERRED TERRITORIES (ASSIMILATION OF LAWS) ACT, 1958
West Bengal Act XIX of 1958
An Act to provide for the assimilation of certain laws in force in the territories transferred from the State of Bihar to the State of West Bengal by section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, to the laws in force in the State of West Bengal.
Whereas it is expedient to provide for the assimilation of certain laws in force in the territories transferred from the State of Bihar to the State of West Bengal by section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, to the laws in force in the State of West Bengal;
It is hereby enacted as follows :-
1. Short title and commencement. - (1) This Act may be called the West Bengal Transferred Territories (Assimilation of Law's) Act, 1958.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(a) "appointed day" means the date appointed under sub-section (2) of section 1 ;
(b) "State law" means so much of any enactment, ordinance or regulation as relates to any of the matters enumerated in Lists II and III in the Seventh Schedule to the Constitution and includes any order, by-law, rule, scheme, notification or other instrument having the force of law ;
(c) "transferred territories" means the territories transferred from the State of Bihar to the State of West Bengal by section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956.
3. Assimilation of State laws. - (1) All State laws which, immediately before the appointed day, extend to. or are in force in, the State of West Bengal, but do not extend to, or are not in force in, the transferred territories shall as from that day, extend to or, as the case may be, come into force in, the transferred territories :
Provided that the State law specified in Schedule I shall extend to the transferred territories subject to the amendment specified in that Schedule.
(2) All State laws which, immediately before the appointed day, are in force in the whole or any part of the transferred territories but not in the rest of West Bengal shall, on that day, stand repealed in the transferred territories :
Provided that such repeal shall not affect-
(a) the previous operation of any State law so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation, or liability acquired, accrued or incurred under any State law so repealed; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any State law so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the State laws specified in Schedule II as in force in the whole or any part of the transferred territories immediately before the appointed day shall continue in force therein after that day, [subject to such adaptations and modifications, whether by way of repeal or amendment, as the State Government may, from time to time but before the expiration of one year from that day, by notification in the Official Gazette, make in any such law for the purpose of facilitating the application thereof in relation to West Bengal,] and the State laws specified in Schedule III shall not extend to, or come into force in, the whole or such part of the transferred territories, as the case may be:
Provided that the State law specified in item (16) of Schedule II as in force in the transferred territories immediately before the appointed day shall continue in force, after that day, only in the territory referred to in clause (6) of sub-section (1) of section 1 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, and the State laws specified in items (9) and (10) of Schedule III shall not extend to, or come into force in, such territory :
Provided further that, subject to the provisions of the proviso to subsection (2) and of section 4, the State laws specified in Schedule II shall stand repealed or the State laws specified in Schedule III shall extend to, or come into force in, the transferred territories or any part thereof, with effect from such date or dates as the State Government may, by notification issued in the Official Gazette, from time to time, appoint in this behalf.