No: 67 Dated: Dec, 07 1950

THE COOCH-BEHAR (ASSIMILATION OF LAWS) ACT, 1950

ACT NO. 67 OF 1950

    An Act to assimilate certain State laws in force in Cooch Behar to the State laws in force in the rest of West Bengal.

    Whereas 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;

    It is hereby enacted as follows:-

1. Short title and commencement. - (1) This Act may be called the Cooch Behar (Assimilation of State Laws) Act, 1950.

(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, -

(a) "appointed day" means the date appointed under sub-section (2) of section 1 for the coming into force of this Act;

(b) "Cooch Behar" means the merged territory of Cooch Behar 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. 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, Cooch Behar shall, as from that day, extend to, or as the case may 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 II shall not extend to, or come into force in, Cooch Behar:

Provided that the State Government may, by notification in the Official Gazette, appoint a date on which any of the Acts specified in Schedule I 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 or such part thereof as may be specified in the notification.

(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.

(5) Notwithstanding anything contained in the foregoing sub-sections, if at any time after the commencement of this Act, any part of Cooch Behar is transferred from the district of Cooch Behar, to, and included in, any other district in West Bengal, then, on and from the date of transfer, to, and inclusion in, such other district of such part,-

(i) all Acts specified in Schedule I which immediately before the said date were in force in such part subject to the adaptations specified in that Schedule, shall cease to be in force therein, except as respects things done or omitted to be done before such date; and

(ii) all Acts specified in Schedule II which immediately before such date did not extend to, or were not in force in such part, shall extend to, or, as the case may be, come into force in such part.

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