The Odisha Merged States (Laws) Act, 1950

The Odisha Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY ORISSA ACT 4 OF 1950 An Act to extend certain Acts and Regulation to certain Areas Administered as part of the (State of Orissa) Whereas by orders under section 290-A of the Government of India Act, 1935. Provision has been made for the administration of certain areas as if they form part of the (State) of Orissa; And Whereas it is expedient to provide that certain laws should be extended to, and by virtue of such extension, be in force in the said areas; It is hereby enacted as follows:- 1. Short Title:- This Act may be called the Orissa Merged states (Laws) Act, 1950. 2. Commencement:-It shall come into force at once. 3. Definition:-The expression ‘absorbing province’, ‘merged States’ and ‘Law’ shall have the same meaning as in the States’Merger(Governors’ provinces) Order, 1949. 4. Extension of laws :-All the Acts and Regulations specified in the schedule are hereby extended to, and shall be in force, of Orissa and now merged in the absorbing (States) of Orissa and now administered as part thereof and so much of any of the said Acts and Regulations as relates to matters with respect to which the (State) Legislature has power to make laws, subject to such modifications or amendments as set forth in the said Schedule, is hereby extended to and shall be in force in all such areas hereinafter referred to as the merged States. 5. Repeal of corresponding laws :- If immediately before the commencement of this Act, there is in force in any of the merged States in Act, Regulation or other law corresponding to an Act or Regulation specified in the Schedule, whether by virtue of an order under the Extra Provincial Jurisdiction Act, 1947,applying that Act or by virtue of any other Legislative power,such corresponding laws shall, upon the commencement of this Act, cease to have effect to the extent to which the law relates to matters with respect to which the (State) Legislature has power to make laws. 6. Savings :- (1) The repeal by section 5 of this Act, of any corresponding law in force in the merged States immediately before the commencement of this Act, shall not affect- (a) the previous operation of any such law, or (b) any penalty, forfeiture of punishment incurred in respect of any offence committed against any such law, or (c) any investigation, legal proceeding or remedy in respect of any such penalty,forfeiture of punishment, 1 and any such investigation, legal proceedings or remedy in and any such investigation, legal proceedings 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. (2) Subject to the provisions of Sub-Sections (1) and (3), anything done or any action taken, including any appointment or delegation made, notification, order,instruction or direction issued Rule, regulation, form, bye-law or scheme framed, certificate, patent, permit or licence granted or registration effected, under such corresponding law shall be deemed to have been done or taken under the corresponding provision of the Act or Regulation as now extended to, and in force in the merged States and shall continue in force accordingly unless and until superseded by anything done or any action taken under the said Act or Regulation. (3) All Rules, notifications, orders, bye-laws and regulations made or issued under any of the Acts or Regulations specified in the Schedule whether before or after the date of this Act in exercise of the powers conferred by or under any such Act or Regulation shall, unless they have been applied immediately before the commencement of this Act, apply to the merged States in the same manner as they applied to the (State) of Orissa before the merger, subject to such modifications not affecting the substance as may be necessary., 7. Modification of Tenancy laws in force in the merged States :- Notwithstanding anything contained in the tenancy laws of the merged States as continued in force by virtue of Article 4 of the States Merger(Governor’s Province) Order, 1949- (a) all suits and proceedings between landlord and tenants such shall be instituted and tried in revenue courts. Explanation-In this clause, the expression “landlord” shall mean a person immediately under whom a tenant holds land, and the expression “tenant” shall mean a person who holds land under another person and is or, but for a special contract would be liable to pay rent for that land to that person. (b) an occupancy tenant shall be entitled- (i) to freely transfer his holding; (ii) to have full right over all kinds of trees standing on his holding; (iii) to use the land comprised in the holding in any manner which does not materially impair the value of the land or render it unfit for the purpose of the tenancy, (iv) to the benefit of his presumption by any Court that the rent for the time being payable by him is fair and equitable until the con- trary is proved; Eplanation :– (i) An “Occupancy tenant” means tenant or a raiyat having occupancy right in his holding under the tenancy laws continued in force in this merged States. (ii) An “aboriginal tribe” means any tribe that may, from time to time, be notified as such by the State Government; (c) Where a rent of an occupancy tenant is payable in accordance with the tenancy laws continued in force in the merged State concerned; 2 (d) an occupancy tenant shall not be liable to eviction from his holding except in execution of a degree for ejectment passed on the ground that - (i) he has used the land comprised in his holding in a manner which renders it unfit for the purposes of the tenancy, or (ii) he has broken a condition consistent with the provisions of the tenancy laws in force in the merged State concerned and on breach of which he is under the terms of contract between himself and his landlord, liable to be ejected: (e) the interest of an occupancy tenant in his holding shall on his death pass by inheritance or survivorship in accordance with his personal law; (f) a “sukhabasi” shall be entitled to the rights of an occupancy tenant over his homestead notwithstanding any law or custom to the contrary; Explanation-A “Sukhabasi” means any person holding only homestead whether or not recorded in the settlements paper as “Ghar”, “Bari” or “Gharbari” or a person who is granted land by the Thekadar or by a competent revenue officer for the purpose of using it as homestead. (g) When land is held as service-tenure, either under the Rule or any member of his family, the liability of the holder of such tenure to render service for the use and occupation thereof shall cease, and he shall, on payment of such rent as may be assessed by the (State) Government as fair and equitable, acquire occupancy right therein. (h) When a person holds khamar, nij-jote or any other private lands of a Ruler, which has been recognised as such by the (State) Government, he shall not be liable to ejectment but shall be liable to pay such fair and equitable rent as may be fixed by the 1(Subdivisional Officer having jurisdiction or any other officer not below the rank of Sub-Deputy Collector authorised by the Collector in this behalf) and thereupon he shall acquire right of occupancy in respect of such lands: 2[Explanation :-For the purpose of this Section. Subdivisional Officer shall mean the principal revenue officer of a Subdivision.] 8. Power of courts and Authorities for purpose of facilitating application of laws :- For the purpose of facilitating the application in any of the merged States of any Act or regulation specified in Schedule, any Court or other authority may construe any such Act or Regulation with such alterations, not affecting the substance, as may be necessary or proper to adapt it to the matter before the Court or other Authority. 9. The Orissa Merged States (Laws) Ordinance, 1949 is hereby repealed. 1. Substituted by Orissa Act 22/1962 Sec. 2 (iii) for an competent Authority appointed in this behalf by the Revenue Commissioner or the Commissioner, North Division, as the case may be. 2. Inserted by Orissa Act 22/1962, Sec. 2 (iv) 3 SCHEDULE Year Number Short title Modification or Amendment GENERAL ACTS 1851 VIII The Indian Tolls Act, 1851. 1853 XIX The Recusant Wit- nesses Act, 1853. 1859 IX The Forfeiture Act, 1859. 1861 V The Police Act, 1861. (a) To Section 8 the following provi- sion shall be added, namely :- “Provided that every police officer ap- pointed to the police force in any merged State prior to the 31st December, 1947 or 1948 and continued in service after that date shall, till the 1st March, 1948 or 1949, be deemed to be a police of- ficer for the purposes of this Act, but after the latter date he shall cease to be a police officer unless he is enrolled un- der this Section”. (b) In section 46- Sub-Section (1) and the first fourteen words of Sub-Section (2) shall be omit- ted. 1864 XV The Indian Tolls Act, 1864. 1967 XXII The sarais Act,1867. 1870 VII The Court Fees (a) As subsequently amended in its Act,1970 application to the State of Orissa. (b) Omit the second and third para- graphs of Section 1 and Section -A (c) For the words “appropriate Government” Wherever they occur the words “state Government” shall be substituted 1870 VIII The female Infanticide Omit Section 7 Pevention Act, 1870. 1871 I The Cattle Trespass In Section 6 for “Provincial Government” Act, 1871. substitute “Magistrate of the district”. 4 SCHEDULE Year Number Short title Modification or Amendment 1879 VI The Elephants’ Omit the second and third paragraphs Preservation Act, of Section 1. 1879 1879 XVIII The legal (a) Omit the third paragraph of Section Practitioner’s Act, 1. 1879. (b) As Amended by the Orissa Act VI of 1938. (c) For the words “the chief controlling Revenue Authority”Wherever they occur,the words “the Commissioner, Northern Division or the Revenue Com- missioner as the case may be” shall be substituted. (d) After Section 41,the following new section shall be inserted namely:- “42. savings-Until other provisions are made by or under this Act- (1) all persons enrolled as Advocates in the Register of any High Court in the merged states [and all the pleaders in the merged State of Mayurbhanj who were enrolled as advocates in the defunct High court of Mayurbhanj] shall be deemed to be Advocates for the purpose of this Act: (2) all persons enrolled as pleaders un- der the Authority of such a High Court and such other persons who were in the list of pleaders in any of the merged States on the 31st December, 1947 or 1948 as the case may be and are found fit to continue to practice as such by the High court of Orissa for such period or periods as it considers necessary subject to such terms and conditions as may be imposed in that behalf by the said High Court shall be deemed to be pleaders for the purposes of this Act; and (3) all persons who have passed the Mukhtarship examination held under the Authority of the High court of patna or Calcutta or the Mukhtarship examina- tion conducted by a Board constituted 5 SCHEDULE Year Number Short title Modification or Amendment in any of the merged States and were practising as Mukhtars as also all per- sons who were in the list of Mukhtars in any of the merged States on the 31st December, 1947 or 1948 as the case may be and are found fit to continue to prac- tise as such by the High Court of Orissa for such period or periods as it consid- ers necessary, subjct to such terms and conditions as may be imposed in that behalf by the said High Court, shall be deemed to be Mukhtars for the purposes of this Act”. 1883 XIX The land Improve- (a) Omit Sub-Section (2) of Section 1. ment loans Act, 1683 (b) In Section 3 after the words “a dis- trict”, the words “the District Magis- trate” shall be inserted. 1884 XII The Agriculturists (a) Omit Sub-Section (2) of section 1. Loans Act, 1884. (b)As amended by Orissa Act VI of 1937. 1887 XII The Bengal, Agra and (a) For Section 2, the following Section Assam Civil Courts shall be substituted namely:- Act, 1887. “2. Savings-(1) All Courts (Whether known as Courts of Munsifs or Subor- dinate Judge or by any such expression) other than the Courts of the Subordinate Judge with unlimited pecuniary jurisdic- tion or the Additional Judge or the Dis- trict judge constituted appointments, nominations, rules and orders made ju- risdiction and powers conferred and lists published under any enactment for the time being in force in any merged State relating to Civil Court shall be deemed to have been respectively constituted, made, conferred and published under this Act. 6 Year Number Short title Modification or Amendment (2) Any enactment or instrument refer- ring to any law relating to Civil courts which was repealed either partially or wholly by the application of this Act shall be construed as referring to this Act or to the corresponding provisions thereof” 1892 X The Government Management of Pri- vate Estates’ Act, 1892. 1894 I The Land Acquisi- Omit Sub-Section (2) and (3) of Section tion Act, 1894. 1. 1897 VIII The Reformatory School Act, 1897 1897 XIV The Indian Short Titles Act,1897 1898 V The Code of Crimi- (a) In Section 30 after the words “an nal Procedure, 1898. Assam” the words “in the merged States” shall be inserted (b) In Sub-Section (1) of Section 503 after the words “such attendants and” the words “if such witness resides in any Province of India or in any area to which this Code has been applied” shall be inserted. 1899 II The Indian Stamp As subsequently amended in its appli- Act, 1899. cation to the province of Orissa. 1899 XIII The Glanders and In Section 10 after the word “Inspec- Farcy Act, 1899 tor” the words “the officer-in-charge of a police-station” shall be inserted. 1912 VIII The Wild Birds and Animals Protection Act, 1912. 1927 XVI The Indian Forest Omit Sub-Sections (2) and (3) of Sec- Act, 1927 tion 1. 1937 XVIII The Hindu women’s As subsequently amended in its appli- Rights to property cation to the province of Orissa. Act, 1937 7 Year Number Short title Modification or Amendment ORISSA The Orissa General 1937 I Clauses Act, 1937. The Orissa Minister’s 1937 III As subsequently amended Salaries Act,1937 The Orissa Legislative 1937 IV As subsequently amended Assembly Speaker’s and Deputy Speaker’s Salaries Act, 1937 The Orissa Legislative 1938 II As subsequently amended Assembly Members’ Salaries and Allow- ances Act, 1938 The Orissa Co-opera- 1938 III As subsequently amended tive Landmortgage Bank Act, 1938 The Orissa Small Hold- 1938 V ers Relief Act,1938 The Orissa Nurses and 1938 VII As subsequently amended Midwives Registration Act,1938 The Orissa Prevention 1938 X of Adulteration and Control of Sale of Food Act, 1938 The Opium (Orissa 1939 II As subsequenly amended Amendment) Act,1939. The Orissa Money- 1939 III As subsequently amended Lenders Act, 1939. The Orissa Hindu Reli- 1939 IV gious Endowments Act,1939 The Orissa Prohibition 1939 VII Act, 1939 8 Year Number Short title Modification or Amendment 1943 VII The Orissa Weights and Measures Act, 1943. 1943 XIII The Utkal University As subsequently amended Act, 1943. 1944 V Hindu Women’Right to property (Extension to Agricultural Land in Orissa Act, 1944 1946 V The Orissa Entertain- ment Tax Act, 1949. As subsequently amended 1946 VI The Orissa Drugs Ad- vertisement Control Act, 1946. 1946 VII The Orissa Military Po- lice, Act, 1946. 1946 IX The Orissa Motor spirit (Taxation on Sales) Act, 1946 1946 XI The Orissa Removal of Civil Disabilities Act, 1946 1947 I The Orissa Essential Ar- ticles Control and Req- uisitioning (Temporary powers) Act, 1947. 1947 V The Orissa House Rent As subsequently amended Control Act, 1947 1947 VIII The Orissa Preservation For Section 3 the following Section of private Forests Act, shall be substituted, namely:- 1947 “It shall come into force in such ar- eas, and from such date as the Pro- vincial Government may, by notifi- cation, from time to time direct” 1947 XI The Orissa Temple En- For Sub-Section (3) of Section 1, the try Authorization and In- following Sub-Section shall be sub- demnity Act, 1947 stituted. 9 Year Number Short title Modification or Amendment namely:- “[3] Section 1 shall come into force at once and the remaining Sections shall come into force in such areas and on such date or dates as the Provincial Govern- ment, may, by notification appoint”. 1947 XIV The Orissa Sales Tax Act, 1947. 1947 XVI The Orissa Opium Smoking Act, 1947 1947 XXIV The Orissa Agricultural Income-tax Act, 1947. 1947 XXVI The Orissa Court of Wards Act, 1947. 1947 XXXVIThe Orissa Motor Ve- hicles (Regulation of State Carriage and Pub- lic Carrier’s Services) Act, 1947. 1948 I The Orissa Communal, Forest and Private Lands (Prohibition of Alien- ation) Act, 1948 1948 III The Orissa Tenants Pro- As subsequently amended. tection Act, 1948 1948 IV The Orissa Maintenance As subsequently amended. of Public Order Act, 1948. 1948 V The Orissa Local Fund Audit Act, 1948. 1948 VIII The Orissa Revenue Commissioner’ (Regula- tion of Functions) Act. 1948 1948 X The Orissa Compulsory For Sub-Section (3) of Section 1 the fol- Labour Act, 1948. lowing Sub-Section shall be substituted namely:- “(3) It shall come into force on such date as the Provincial Government may, by notification, direct” 10 Year Number Short title Modification or Amendment 1948 XI The Orissa Temple En- try Authorization Act, 1948. 1948 XV The Orissa Grama Panchayats Act, 1948. 1948 XVIII The Orissa Develop- ment of Industries, Irri- gation, Agriculture, Capital Construction and Re-settlement of Displaced persons (Land Acquisition) Act, 1948 1948 XIX The Land Acquisition (Orissa Amendment) Act. 1948 1949 I The Orissa Motor Ve- hicles (Amdt.) Act.1949. 1949 IV The Orissa Local Au- thorities Census Ex- penses Contribution Act, 1949 1949 VII The Orissa Muham- madan Marriages and Divorces Registration Act, 1949. 1949 VII The Orissa Animal Con- tagious Diseases Act, 1949. REGULATION 1936 II The Orissa Medical Regulation, 1936. 1937 IV The Orissa Criminal Procedure (Election Of- fences) Amendment Regulations, 1937. 11 Year Number Short title Modification or Amendment 1937 XI The Orissa Ports Regula- tion 1937. 1937 XII The Orissa Famine Relief Fund Regulation, 1937. 1942 I The Indian Post Office (Orissa Amendment) Regulation, 1942. 1948 I The Orissa Debt Bondage Abolition Regulation, 1948. ____________________ 12