THE HIMACHAL PRADESH AND BILASPUR (NEW STATE) ACT, 1954



An Act to provide for the formation of the new State of Himachal
Pradesh by uniting the existing States of Himachal Pradesh and
Bilaspur, and for matters connected therewith.

BE it enacted by Parliament in the Fifth Year of the Republic of
India as follows:–

PART I

PRELIMINARY

1.Short title and commencement.

1. Short title and commencement. (1) This Act may be called the
Himachal Pradesh and Bilaspur (New State) Act, 1954.(2) It shall come into force on such date1* as the Central
Government may, by notification in the Official Gazette, appoint in this behalf.

2.Definitions.

2. Definitions. In this Act, unless the context otherwise requires,–

(a) “article” means an article of the Constitution;

2* * * * *

(c) “existing States” mean the States specified as Bilaspur and Himachal Pradesh in Part C of the First Schedule to the Constitution immediately before the commencement of this Act, and “existing State” means either of the existing States;

(d) “law” includes any enactment, ordinance, regulation, order, rule, scheme, notification, bye-law or other instrument having the force of law in the whole or in any part of either of the existing States;

(e) “Order” means an order published in the Official
Gazette;

(f) “Parliamentary constituency” has the same meaning as in the Representation of the People Act, 1950 (43 of
1950)
———————————————————————-
1. 1st July, 1954, Gazette of India, 1954, Extraordinary, Pt. II, Sec. 3, p. 1103.2. Cl. (b) omitted by the Adaptation of Laws (No. 3) Order, 1956.274.(g) “sitting member” in relation to either House of
Parliament or in relation to the Legislature of the existing State of Himachal Pradesh, means a person who immediately before the commencement of this Act is a member of that House or that Legislature, as the case may be.

PART II

FORMATION OF THE NEW STATE OF HIMACHAL PRADESH

 
5. Representation in the Council of States. (1) There shall be allotted one seat to the new State in the Council of States.

3. Formation of the new State of Himachal Pradesh. As from the commencement of this Act there shall be formed by uniting the existing
States a new Part C State to be known as the State of Himachal Pradesh
(hereafter in this Act referred to as the “new State”).

4.Amendment of the First Schedule to the Constitution.

4. Amendment of the First Schedule to the Constitution. In the
First Schedule to the Constitution, in Part C–

(a) under the heading “Names of States”–

(i) entry “3. Bilaspur” shall be omitted; and

(ii) entries 4 to 10 shall be renumbered as entries 3 to 9 respectively;

(b) under the heading “Territories of States”, after the first paragraph the following paragraph shall be inserted, namely:–

“The territory of the State of Himachal Pradesh shall comprise the territories which immediately before the commencement of the Himachal Pradesh and Bilaspur
(New State) Act, 1954 were comprised in the States of
Bilaspur and Himachal Pradesh.

PART III

REPRESENTATION IN THE LEGISLATURES

 

 

 

(2) The sitting member of the Council of States representing the group of States comprising the existing States shall on and from the commencement of this Act represent the new State in the Council but the term of such sitting member shall remain unaltered, that is to say, shall expire on the 2nd of April, 1958.275.6.Amendment of the Fourth Schedule to the Constitution.

6. Amendment of the Fourth Schedule to the Constitution. In the
Fourth Schedule to the Constitution, in the Table of Seats relating to the representatives of States specified in Part C of the First
Schedule–

(i) for entries 4 and 5, the entry “4. Himachal Pradesh
….1″ shall be substituted; and

(ii) entries 6 to 10 shall be renumbered as entries 5 to 9.respectively.

7.Amendment of section 27A, Act 43 of 1950.

7. Amendment of section 27A, Act 43 of 1950. In section 27A of the Representation of the People Act, 1950 (43 of 1950),–

(i) in sub-section (5), for the word “Delhi” the words
“Delhi, Himachal Pradesh” shall be substituted; and

(ii) sub-section (6) shall be omitted.

House of the People

8.Representation in the House of the People.

8. Representation in the House of the People. Until other provision is made by law, there shall be allotted 4 seats to the new
State in the House of the People.

9.Amendment of the First Schedule, Act 43 of 1950.

9. Amendment of the First Schedule, Act 43 of 1950. In the First
Schedule to the Representation of the People Act, 1950 (43 of 1950), in the part relating to Part C States,–

(i) entry 3 shall be omitted;

(ii) entries 4 to 12 shall be renumbered as entries 3 to 11.respectively; and

(iii) for the figure “3” in column 2 against Himachal
Pradesh, the figure “4” shall be substituted.

10.Parliamentary constituencies of the new State and their delimitation.

10. Parliamentary constituencies of the new State and their delimitation. (1) The new State shall, until other provision is made by law, consist of the following three Parliamentary constituencies, namely:–

(i) the constituency of Bilaspur comprising the existing
State of Bilaspur; and

(ii) the two constituencies into which the existing State of
Himachal Pradesh has been divided.

(2) The Delimitation of Parliamentary Constituencies (Part C
States) Order, 1951,1* shall, until other provision is made by law, have effect subject to the amendments made in the First Schedule.

11.Sitting members.

11. Sitting members. (1) The sitting member of the House of the
People representing the existing State of Bilaspur shall on and from the commencement of this Act represent the Bilaspur constituency of the new State
———————————————————————-
1. See Notification No. S.R.O. 706, dated 15th May, 1951, Gazette of
India, Extraordinary, 1951, Pt. II, Sec. 3, p. 587.276.and shall be deemed to have been elected to the House of the People by that constituency.

(2) Every sitting member of the House of the People representing a constituency of the existing State of Himachal Pradesh shall, on and from the commencement of this Act, represent the constituency of the same name in the new State and shall be deemed to have been elected to the House of the People by that constituency.

Legislative Assembly of the New State

12-1.Rep. by the Adaptation of Laws (No. 3) Order, 1956.12-16. Rep. by the Adaptation of Laws (No. 3) Order, 1956.Miscellaneous

17.Amendment of section 13, Act 43 of 1950.

17. Amendment of section 13, Act 43 of 1950. In section 13 of the
Representation of the People Act, 1950 (43 of 1950), in clause (b) of sub-section (1), the word “Bilaspur” shall be omitted.

18.Amendment of section 2, Act 49 of 1951.18. [Amendment of section 2, Act 49 of 1951.] Rep. by the
Adaptation of Laws (No. 3) Order, 1956.19.Amendment of the Constitution (Scheduled Castes) (Part C States)Order,
1951.19. Amendment of the Constitution (Scheduled Castes) (Part C
States) Order, 1951. The Constitution (Scheduled Castes) (Part C
States) Order, 1951,1* shall be amended as shown in the Second
Schedule.

20.Amendment of section 9, Act 81 of 1952.20. Amendment of section 9, Act 81 of 1952. In section 9 of the
Delimitation Commission Act, 1952 (81 of 1952), in sub-section (3), for the words “and the orders made under any of the said Acts” the words, brackets and figures “the Himachal Pradesh and Bilaspur (New
State) Act, 1954 and the orders made under any of the said Acts” shall be substituted.

21.Construction of Act 43 of 1950.

21. Construction of Act 43 of 1950. Any reference to Himachal
Pradesh in the Representation of the People Act, 1950 (43 of 1950),
2***, as amended by this Act shall be construed as a reference to the new State.

22.Electoral rolls of constituencies.

22. Electoral rolls of constituencies. (1) The electoral rolls of the constituencies of the existing States shall, on and from the commencement of this Act, be deemed to be the electoral rolls of the constituencies of the same name in
———————————————————————-
1. See C. O. 32, Gazette of India, 1951, Pt. II, Sec. 3, p. 1198.2. The words “and the Government of Part C States Act, 1951″ omitted by the Adaptation of Laws (No. 3) Order, 1956.277-278.the new State and shall continue in force until such rolls are revised, or fresh rolls are prepared, in accordance with law.

1* * * * *

23.Power of Delimitation Commission to revise its orders.

23. Power of Delimitation Commission to revise its orders. For the purpose of determination of the number of seats to be allotted to the new State in the House of the People in accordance with the provisions of sub-section (1), and distribution of those seats as well as the seats allotted to the Legislative Assembly of the new State to territorial constituencies and delimitation thereof in accordance with the provisions of sub-section (2) of section 8 of the Delimitation
Commission Act, 1952 (81 of 1952), it shall be lawful for the
Delimitation Commission, notwithstanding anything contained in that
Act, to amend, vary or rescind any of its final orders published under section 9 of that Act in so far as any such order relates to any or both of the existing States.

24.Rules of procedure of the Legislative Assembly of the new State.

24. [Rules of procedure of the Legislative Assembly of the new
State.] Rep. by the Adaptation of Laws (No. 3) Order, 1956.


25. Court of the Judicial Commissioner for the new State. As from the commencement of this Act,–

(a) the Courts of the Judicial Commissioner for the existing
States (hereafter in this Part referred to as “the existing Courts”) shall be amalgamated and shall constitute the Court of the Judicial Commissioner for the new State (hereafter in this Part referred to as
“the new Court”)

(b) the Judicial Commissioner and the Additional Judicial
Commissioner, if any, for the existing State of
Himachal Pradesh shall be respectively the Judicial
Commissioner and the Additional Judicial Commissioner for the new State;

(c) every person who immediately before the commencement of this Act, is an officer or servant of either of the existing Courts shall be an officer or servant, as the case may be, of the new court deemed to have been appointed on the
———————————————————————-
1. Sub-section (2) omitted by the Adaptation of Laws (No. 3) Order,
1956.279.same terms and conditions of service (or on terms and conditions as similar thereto as the changes effected by this Act permit) as were applicable to him immediately before such commencement:

Provided that nothing in this clause shall be deemed to prevent the new Court from altering the designation or the duties of any office or post;

(d) the new Court shall have all such original, appellate and other jurisdiction as under any law is exercisable immediately before the commencement of this Act by either of the existing Courts in respect of any area forming part of the new State;

(e) the new Court shall have the same powers to admit, suspend and remove advocates, vakils and pleaders and to make rules with respect to advocates, vakils and pleaders in the whole of the new State as are immediately before the commencement of this Act, exercisable by either of the existing Courts:

Provided that subject to any rules made by the new
Court in exercise of the powers conferred by this clause, any person who immediately before the commencement of this Act is an advocate, vakil or pleader entitled to practise in either of the existing
Courts shall be recognised as an advocate, vakil or pleader entitled to practise in the new Court;

(f) subject to the provisions of this Part, the law in force immediately before the commencement of this Act with respect to the practice and procedure in the Court of the Judicial Commissioner for the existing State of
Himachal Pradesh shall, until varied or altered by a competent authority, apply in relation to the new Court with such modifications as may be made by that Court;

(g) the Judicial Commissioners Courts (Declaration as High
Courts) Act, 1950 (15 of 1950) shall apply to the new
Court as if the new Court were in existence at the commencement of that Act; and any other law in force immediately before the commencement of this Act relating to appeals to the Supreme Court from the Court of the Judicial Commissioner for the existing State of
Himachal Pradesh shall, with necessary modifications, apply in relation to the new Court;

280

(h) all proceedings which immediately before the commencement of this Act are pending in either of the existing Courts shall by virtue of this Act stand transferred to the new Court and shall be continued as if they had been proceedings instituted in that Court;

(i) any order made by either of the existing Courts in any such proceedings as aforesaid shall for all purposes have effect, not only as an order of that Court, but also as an order made by the new Court;

(j) references in any law to either of the existing Courts by whatever name, shall, unless the context otherwise requires, be construed as references to the new Court.

26.Subordinate Courts.

26. Subordinate Courts. All Courts which immediately before the commencement of this Act were exercising lawful powers, authority and jurisdiction under the superintendence and control of either of the existing Courts in any area forming part of the new State shall, until further provision is made by a competent legislature or authority, continue to exercise their respective powers, authority and jurisdiction in that area under the superintendence and control of the new Court.

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