The cooch behar ( assimilation of state laws) act, 1950

Government of West Bengal Legislative Department West Bengal Act LXIII of 1950 The Cooch Behar (Assimilation of State Laws) Act, 1950 Superintendent, Government Printing West Bengal Government Press, Alipore, West Bengal 1950 Price—Indian. annas 2; English, 3d. West Bengal Act LXIII of 1950 THE GOOCH BEHAR (ASSIMILATION OF STATE LAWS) ACT, 1950. [Passed by the West Bengal Legislature. ] [Assent of the President was first published in the Calcutta Gazette, zof the 7th December, 1950] An Act to assimilate certuin State laws i force in Cooch Behar to the State laws in force in the rest of West Bengal. Wuereas it is expedient to assimilate certain State laws in force in Cooch Behar to the State laws in force in the rest of West Bengal; Tt is hereby enacted as follows :— 4. (2) This Act may be called the Cooch Behar (Assi- Short title milation of State Laws) feb 1950. _ m an e d n ce c - o m- (2) It shall come into force on such date as the State ment. Government may, by notification in the Official Gazette, any! appoint. 2, In this Act,— Definitions. (a) “appointed day’? means the date appointed under sub-section (2) of section 1 for the coming into force of this Act; (6) “Cooch Behar’? means the merged territory of Cooch Bebar in the State of West Bengal; (c) “State law’? means so much of any Act, Ordinance, Regulation, rule, order or by-law as relates to any of the matters enumerated in List II in the Seventh Schedule to the Constitution of India. 3. (2) All State laws which immediately before the Assimila- appointed day extend to, or are in force in the State of West tion of Bengal, but do not extend to, or are not in force in, Cooch State Behar shall, as from that day, extend to, or as the case may Tame be, come into force in, Cooch Behar. (2) All State laws which, immediately before the appointed day, are in force in Cooch Behar but not in the rest of West Bengal shall on that day cease to be in force in Cooch Behar, except as respects things done or omitted to be done before that day. (3) Notwithstanding anything contained in sub-sections (1) and (2), the Cooch Behar Acts specified in Schedule I as in force in Cooch Behar immediately before the appointed day shall continue to be in force therein after the said date subject to the adaptations specified in that Schedule, and the State laws specified in Schedule IT shall not extend to, or come into force in, Cooch Behar: f— 2 The Cooch Behar (Assimilationo:f State Laws) Act, 1980. [West Ben, Act (Section ‘4 and Schedule I.) - Provided that the State Government may, by notification in the Oficial Gazette, appoint a date on which any of the Acts specified in Schedule } shall cease to be in force and any of the Acts specified in Schedule II shall extend to, or come into force in, Cooch Behar. (4) Nothing in this section shall be deemed to restrict or affect in any way, any shooting or fishing rights guaranteed or assured to His Highness the Maharaja of Cooch Behar under any covenant or agreement made with the Government of the Dominion of India, before the commencement of the Constitution of India. Provision 4. If any difficulty arises in relation to the transition for removal from the laws mentioned in sub-section (2) of section 3 to the of diffi- laws mentioned in sub-section (7) thereof, the State Govern- culties. ment may, by order notified in the Oficial Gazette, make such provision as it considers necessary for the removal of such difficulty. SCHEDULE I, [See section 3(3).] (1) The Gooch Behar Village Ghoukidari Act, 1893 (Gooch Behar Act II! of 1893). Throughout the <Act.—For ‘‘Fouzdari Ahilkar” substitute ‘‘District Magistrate’. Preamble —For “State” substitute ‘district’. Section 7.—In sub-clause (/), for ‘by a Sanud under his hand and seal’ substitute ‘‘by an order published in the Oficial Gazette’; for “State’’ substitute ‘‘district’’. In sub-clause (2), for “His Highness the Maharaja Bhup Bahadur in Council’’, in the two places where they occur, substitute ‘the State Government’; for ‘‘Gooch Behar Gazette’ substitute “Official Gazette’. In the first proviso, for ‘‘Cooch Behar Municipal Act I uf 1885”? substitute “Cooch Behar Town Commitiee Act of 1903 (Cooch Behar Act IV of 1903) or the Cooch Behar Municipal Act, 1944 (Cooch’ Behar Act IIT of 1944)’. Section VI(A).—In sub-clauses (7) and (2) for “His Highness the Maharaja Bhup Bahadur in Council” substitute “the State Government’; for “Cooch Behar Gazette’, in the two places where they occur, substitute ‘‘Uficial Gazette’. In sub-clause (%), for ‘‘granted a Sanud given under the hand and seal of? 3 substit. ute bie ‘‘given an or2 der is n wriStigie ng by’’. NS The Cooch, Behar (Assimilation of State Laws) 3 Act, 1950. LEXI of 1950.] (Schedule I.) Section Vi(#).—In clause (h), for “His Highness the Maharaja Bhup Bahadur in Council” substitute ‘the State Government’’; for ‘‘Cooch Hehar (fazette’ substitute “Oficial Gazette’. Section X.—For “annas 12” substitute ‘Rupees 2” and for “one pice or quarter of an anna” substitute “two pice or half an anna’”’, . Section XXXIIJ.—In clause 6th, for ‘State Couneil’’ _ substitute “State Government”. In clause 18th, for ‘“‘His Highness the Maharaja Bhup Bahadur in Oouncil” substitute ‘‘the State Government’, and for ‘“Coockh Behar Gazette’? substitute ‘‘Uficial Gazette’. Section XLI/I.—For “Superintendent of the State’ substitute ‘Divisional Commissioner’. Sectton XLIV.—For ‘‘Cooch Behar State’? substitute “the district of Cooch Behar’’. (2) The Cooch Behar Gess Act, 1893 (Gooch Behar Act V of - 1893), Throughout the Act.—For ‘His Highness the Maharaja in Council’, ‘His Highness in Council’? and ‘His High- ness’? substitute “the State Government’’ except where otherwise mentioned; for ‘‘Naib Ahilkar’? substitute “Deputy Collector’; for ‘“Naitb Ahilkar of the subdivision”’ substitute ‘“Deputy Collector in charge of the subdivision”; for “Revenue Minister’ substitute ‘Collector’. Long title and preamble.—for ‘State’? substitute _ ‘distriet’’. Section 4.—Omit definition of ““Naib Ahilkar’; in the definitions of ‘‘Lakherajdar’’ and ‘‘Mokoraridar’, after “State’’ insert ‘fof Cooch Behar before merger’’. Section 6.—Omit section 6, Section 7.—Omit “if he think fit’’. Section 18.-—For ‘‘the State’ substitute ‘Government’. Section 25.—For “State Council’ substitute ‘Divisional Commissioner or the Board of Revenue’. Section 31.—For “State? substétute ‘“Government’’, Section 34.—For ‘His Highness the Maharaja in Council’ subsittute ‘the Divisional Commissioner and the Board of Revenue’; in the marginal note, for ‘State Council’’ substitute ‘Divisional Commissioner and Board of Revenue’’. Part Ill, Chapter V.—For the heading ‘Constitution and Administration of the Communication Improvement Fund” substitute “Temporary Provisions’2, ee tt 4 The Cooch Behar (Assimilation of State Laws) Act, 1950. [West Ben, Act (Schedule I.) Section 86.—For section 86, substitute the followin:g— “CommunicatioInm - 36. Until the constitution of a pro a eee District Board for Cooch Behar, the vert Of the Gonesli. amount produced by the Communica- Fated Fund of the tion Improvement Cess and all sums State. levied or tecovered as fines, penalties or otherwise in respect of the cess under this Act, shall form part of the Consolidated Fund of the State of West Bengal; and the cost of repair and maintenance of roads, bridges and other means of communication and the cost of construction and maintenance of any other work of public utility shall be paid out of the Con- solidated Fund of the State of West Bengal.’ Seetions 37, 38, 39 and 40..—OUmit these sections. (3) The Gooch Behar Revenue Saies Act, 1897 (Cooch Behar Act-V of 1897). . Throughout the Act.—Por ‘‘Naib Ahilkar’ substitute “Deputy Collector”; for ‘‘Revenue Minister’’ substitute “Collector of the district’f;or “Cooch Behar Gazette” substitute “Oficial Gazette’; for “Council”? substitute “Board of Revenue, West Bengal’; and for ‘‘Civil and Sessions Judge’? substitute “District Judge’’. Long title.—For ‘State’ substitute ‘‘district’’. Section I1].—For ‘State’ substitute ‘‘Government’’. Omit the definition of Naib Ahilkar. Section IV .—Omat this section. ° Section V.—For “as notified under the provisions of the preceding section’? substitute ‘‘fixed under the provisions of ao Act, .Cooch Behar, 1898 (Cooch Behar Act I of Section VII(A).—For ‘‘Revenue Officer’ substitute “GCollector’; for “State substitute “Government’’; for “Section 7 of the Cooch Behar Public Demands Recovery Act (II of 1899)” substitute ‘the Bengal Public Demands Recovery Act, 1913 (Bengal Act ITE of 1918)’. Sections IX, XIII, XXI, XXVII, XXXII and XXXII, —For “State” substitute ‘Government’. Section XVI.—For “State” substitute ‘‘district’’. Section XXXVII—For the words ‘‘Naib Ahilkar may refer to any Sub-Naib Ahilkar subordinate to him’’ substitute ‘Deputy Collector in charge of a subdivision may refer to any other Deputy Collector or any Sub- Deputy Collector of the same station’’; in clause 3, omit “or Sub-Naib Ahilkar’’. Schedule A.—For “State”. substitute ‘‘district”’, wherever it occurs. x The Cooch Behar (Assimilation of State Laws) 5 Act, 1980. . LXIIE of 1950.) (Schedule I.) (4) The Kist Act, Gooch Behar, 1898 (Cooch Behar Act f of| 1898). - Throughout the Act.—For “‘State” substitute “Govern- ment’’. (5) The Gooch Behar Town Committee Act of 1903 (Gooch Behar Act IV of 1903). Throughout the Act.—For “‘Cooch Behar Gazette’ substt- tute “Oftoial Gazetie’’; for ‘‘His Highness the Maharaja in Council’, or ‘‘His Highness the Maharaja Bhup Bahadur in Council”? substitute “State Government’; for “His Highness in Council” substitute “State Government”. Section V.—In sub-section (13) for ‘‘His Highness the Maharaja’ substitute “State Government’’. Section Vill.—For “to him may seem fit” substitute ‘may be specified in the notification’. Section XI.—For ‘‘Fouzdari Ahilkar’’ substitute ‘District Magistrate’; for ‘‘State Engineer’ substitute ‘Executive Engineer”; for “‘Naib Ahilkars’’ substitute ‘*Officers’’. Section XIII.—For “‘the State’ substitute ‘Govern- ment’, Section XV.—For ‘‘His Highness the Maharaja’ substi tute “State Government’; for “State Funds’’ substetute “Consolidated Fund of the State”. Section XVII.—For “His Highness the Maharaja’ substt- tute ‘State Government’. Section XX.—Omit ‘‘provided that when a member of the State Council is also a member of the Town Committee, he and not the Vice-Chairman, shall preside’. Section XXIX.—For ‘The accounts of the Town Com- mittee shall be subject to audit by the Audit Office of the State in the way that accounts of all other departments of the State are so subject” substitute “The Town Committee shall make arrangements, subject to the approval of the State Government, for the examination and audit of accounts of the Committee and may direct the publication of such accounta’’. Section XLIIIA.—For this section substitute the follow- ing:— “Powers and du- XLUTA. Chaukidars appointed under ties of Chaukidars this Act shal] exercise all the powers and Hapepokinet ed under perffa orm all Y a the du u t ti i es and db be subje “ ct to all the liabilities of police officers as prescribed by any jaw for the time being im force so far as such powers, duties and liabilities are not inconsistent with or otherwise expressly provided for by this Act.” scaecrscece een 6 Phe Cooch Behar (Assimilation of State Laws) Act, 1950. [West Ben. Act (Schedule £.) . Sections XLV and XLVI.—For “Fouzdari Ahilkar’”’ substitute ‘District Magistrate’? , : Section XLVII.—For “‘Siate”’ substitute ‘Government’. Section L.—For ‘State?’ substitute “Government”. Section LXVIII.—For ‘State’ substitute ‘‘Govern- ment’’, Section LXLII.—For ‘His Highness the Maharaja” ", substitute ‘“‘Government’’. Section C.—-For ‘‘State’’ substitute ‘‘Government’’. (6) The Gooch Behar Tenancy Act, 1910 (Cooch Behar Act V of 1910). Phroughout the Act—For “Naib Ahilkar’’ - substitute “Deputy Collector’; for “State Council’ substitute ‘‘Govern- ment’’; for “‘State’’, wherever it occurs in the expression “not paying revenue to the State’’, substitute ‘Government’. Preamble.—For ‘‘State”’ substitute ‘‘district’’. Séction 1.—For sub-section (2), substitute— (2) It shall apply to the whole of the district of Cooch Behar.’ Section J.—In clause (a) of sub-section (7) for ‘‘State’”’ substitute ‘‘Government”’; im sub-section (3) omzt ‘“‘in the State’’; in sub-section (5) for “‘State’’ substitute ‘‘Govern- ment’’; in sub-section (8) for ‘‘State’’ subsiztute ‘‘Govern- ment’; im sub-section (9) for ‘State’ substitute ‘‘Govern- ment’; omit sub-section (46); in sub-section (20) for ‘‘State’’ substitute - ‘district’; im sub-section (23) for ‘‘State’’ substitute ‘‘Government’’ and omit ‘‘in the State’’; in sub- section (27) omit ‘‘as introduced into the State’’. Section 4.—Omat ‘‘as introduced into the State’’. Section §.—In clause (a) for ‘‘State’’ substitute ‘‘Govern- ment’’. Section §8—In the explanation, for ‘‘State’’ substitute ‘Government’. Section J0.—in the proviso for ‘‘State’ substitute district’. Sectton 18A.—For “‘State’’ substitute ‘‘Government’’. Section 84.—-Omit ‘‘of the State’. Section 36.—+In sub-section (2) for ‘‘His Highness in Council’ substitute ‘State Government’’. Section 39A4.—in sub-section eh omit “as introduced into the State’. Section 39B.—For ‘‘the Cooch Behar Limitation Act, 1921” substitute ‘any other law for the time being in force’’. a oper The Cooch Behar (Assimilation of State Laws) 7 “a Act, 1950. EXIIt of 1950. (Schedule-I.) Section 41.—Omit ‘‘in force in the State’’. Section 47.—For “Civil Judge’’, where it occurs for the first time, substitute ‘District Judge, Additional Judge or Subordinate Judge’’; for ‘‘His Highness in Council’’ substi- tute ‘‘High Court’’; in the proviso for ‘‘Civil Judge” substitute ‘District Judge’. Section 49.—For the words ‘‘Revenue Minister” in the second paragraph, substitute ‘‘Dewan or Revenue Minister of Cooch Behar or by the Chief Commissioner or the Collector’. / Section d&.—In the proviso to sub-section (2) for “Tis Highness in Council’ substitute ‘State Government’. Section 65.—In sub-section (2) after ‘appears’? insert. “to the Court’? and for ‘‘Civil Judge” substetute ‘District Judge’. Section 66.—For ‘State’ substitute ‘district’’. Section G8A.—In sub-section (2) fer “Civil Judge’’ substitute “District Judge’’. Section 73.—In sub-section (4) for ‘‘State’ substitute ‘Government’. Section 79.—-Kor ‘‘Revente Minister’ substiiute “Collector’’. Section 82.—-Omit ‘‘as introduced into the State’? from both the sub-sections (1) and (2). Section 83.—For “State” substitute ‘‘Government’’. Section 89.—For “State” substitute “Government”. Schedule V.—In Part Il, for “Civil Judge’ substitute ‘District Judge’; for ‘Revenue Minister’? substetute “‘Collector’’. “ In Part III, for ‘‘Cooch Behar Limitation Act, 1921" substitute “Indian Limitation Act, 1908’’. (7) The Gooch Behar Municipal Act, 1944 (Cooch Behar Act [EI of 1944), © Throughout the Act.—for ‘State’ substitute ‘‘district’’, except where otherwise specifically provided; fer ‘‘Cooch Behar Gazette’ substitute “Oficial Gazette”; for “Durbar”? substitute ‘State Government’; for ‘‘Fouzdari. Ahilkar’”’ substitute ‘‘District Magistrate’. Section 2.—In sub-section (%) omit “after publication in the Cooch Behar Gazette with the assent of His Highness the Maharaja Bhup Bahadur’. Section 4.—In sub-clanse (2) of clause (10) for ‘His Highness the Maharaja Bhup Bahadur in Council” substitute “State Government’’. Omit clause (15). 8 The Cooch Behar {Assimilation of State Laws) Act, 1950. ~ [West Ben. Act (Schedule I.) Section 15.—For clause (i1) of sub-section (2) substitute “'(at) is a citizen of India, and’’. Section 24,—In sub-section (2) onut ‘and section 171d of the Cooch Behar Penal Code concerning an election under this Act’’; in clause (c) of sub-section (2} omit ‘‘section 171J of ~ the Cooch Behar Penal Code concerning an election under 'this Act and’’; in sub-section (3) omit ‘fand section 171J of the Cooch Behar Penal (Cede concerning an election wnder this Act’’. Section 26.—In sub-section (1) for ‘“‘Civil Judge of the State’? substitute ‘District Judge’; in clause (a) of sub- section (2) insert 1908" after ‘Code of Civil Procedure’. Section 33.—In clause (b) of sub-section (1), for ‘His° Highness the Maharaja Bhup Bahadur, his heirs and successors’? substitute ‘‘the Union of India’’. Section 60.—For ‘State’? substatute ‘Government’. Section 63.—In sub-section (J), for “Cooch Behar Regis- tration Act, 1921’’ substitute “‘Indian Registration Act, 1908”’. , Section €5.—In clause (c), for ‘State funds by His High- ness the Maharaja Bhup Bahadur or by the Durbar’’ substitute “Consolidated Fund of the State’. Section 74.—For this section substitute the followin: g— “Audit of 74, The accounts of the Municipal Funds shall accounts. be audited at such times and in such manner as the State Government may prescribe.” Section 122.—In the first provisé to sub-section (2) fer “State” substitute “‘Government’’, Section 190.—For clauses (a) and (6) substitute— (a) prescribing the standard weights and measures to be used within the municipality, namel,y— (1) Government standard weights, that is to say, one maund consisting of 40 seers, one seer consist- ing of 80 tolas and one tola consisting of 180 grains; or (ii) a standard cubit consisting of 18 inches for the measure of commodities other than land; or (iii) both the weights and the measure of length mentioned in sub-clauses ©) and (2) respectively ; (b) providing standards of the weights and measures 80 preseribed ;”’. = r The Cooch Behar (Assimilation of State Laws) a “ Act, 1950 LXAII of 1950.) a (Schedule I and Schedule I2.) Section 191.—For sub-section (2) substitute— (2) Where the Commissioners of any municipality have made by-laws under section 190 prescribing standard. weights and measures to be used within the municipality, they may, at a meeting by an order published in the prescribed manner, prohibit the usé within the municipality of any maund, seer-or tola or any cubit measure other than such as conform with the standard prescrib- ed in ‘the said by-laws.’’. In sub-section (2) for the words “‘when such standard weights or measurea or both are in force’ - substitute “when. such order has been published’’. Section 193.—For “‘Cooch Behar Food Adulteration Act, 1941” substitute “Bengal Food Adulteration Act, 1919”. Sections #21 and 234.—For ‘‘Cooch Behar Penal Code’’ substitute ‘Indian Penal Code’’. Section 227.-——In clause (c) of sub-section (7) for “His Highness the Maharaja Bhup Bahadur of Cooch Behar”’ substitute ‘State Government’’. ’ SCHEDULE Il. [See section 3(3).] (1) The Bengal Land Revenue Sales Act, 1859 (XI of 1859). (2) The Bengal Land Revenue Sales Act, 1868 (Bengal Act VII of 1868). 5 (3) The Village Chaukidari Act, 1870 (Bengal Act V1 of 1870). - (4) The Bengal Village Chaukidari Act, 1871 (Bengal Act I of 1871). (5) The Cess Act, 1880 (Bengal Act IX of 1880}. (8) The Bengal Tenancy Act, 1885 (VITI of 1885). (7) The Bengal Village Self-Government Act, 1919 (Bengal Act V of 1919). (8) The Bengal Municipal Act, 19382 (Bengal Act XV of 1982), WRBGP-50/ -85964.-4,500