Scheduled Areas (Assimilation Of Laws) Act, 1951
|Scheduled Areas (Assimilation Of Laws) Act, 1951|
|State or Central||Central|
"As the plains areas of the Balipara Frontier Tract, Tirap Frontier Tract, Abor Hills and. Mishmi Hills Districts (Sadiya Frontier Tract), have been declared by the Governor of Assam to be areas not included in the Tribal areas specified In Part B of the Table appended to Paragraph 20 of the Sixth Schedule of the Constitution, it has become necessary to incorporate these areas in the adjoining districts of Darrang and Lakhimpur and to administer them under the normal laws in force in the rest of the State of Assam. Under Art. 372(1) of the Constitution all the Acts, Regulations, Rules, etc..which applied to these areas proprio vigore or were specifically applied thereto with modifications under the Scheduled Districts Act, 1874, or S.92 of the Government of India Act, 1935, before the 26th January, 1950, will continue to be ill force therein subject to future alteration, repeal or amendment. It is thus incumbent on the appropriate Legislatures to pass legislation repealing the special laws in force in these areas making applicable to them the laws in force in the districts Of Darrang and Lakhimpur. 2. The Assam Legislature has already passed a Bill insofar as subjects in the State List are concerned. The object of the present Bill is to make a corresponding provision in respect of subjects in Union and Concurrent List."-Gut. of lnd" 9-6-1951, Pt. ll-section2,p.413.
1. Short title and commencement :(1) This Act may be called The Scheduled Areas (Assimilation of Laws) Act, 1951. (2) It shall come into force on such date" as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions :In this Act,(c) "scheduled areas" means the areas specified in the Schedule.
3. Assimilation of laws :(2) All laws which immediately before the appointed day extend to, orareinforcein,theDarrang district of the State of Assam shall as from that day extend to, or, as the case may be, come into force in the areas specified in paragraph 1 of the Schedule.
4. Transitional provisions :Notwithstanding anything contained in section 3 , the Central Government or the Government of the State of Assam may, by order, direct that during such period, not exceeding twelve months from the appointed day, as may be specified in the order, any law which immediately before the appointed day was in force in the scheduled areas, shall be deemed to have continued to be in force therein or any specified part thereof, and may further likewise direct that any law which would have extended to, or come into force in, the scheduled areas on the appointed day, shall not be deemed to have extended thereto or come into force therein or any specified part thereof.
5. Savings :Notwithstanding anything contained in section 3 , all suits, cases and other legal proceedings between the parties all of whom belong to the Scheduled Tribes specified in Item 2 of Part I-Assam, of the Schedule to the Constitution (Scheduled Tribes) Order, 1950, or such other tribe or tribes, as may be specified in this behalf, shall b e tried and continue to be tried under the Assam Frontier (Administration of Justice) Regulation, 1945, as if this Act had not been passed.
6. Provision for removal of difficulties :If any difficulty arises in relation to the transition under section 3 from one law or group of laws to another law or group of laws, the Central Government may, by order notified in the Official Gazette, make such provision as it considers necessary for the removal of the difficulty.