Scheduled Areas (Assimilation Of Laws) Act, 1953
|Scheduled Areas (Assimilation Of Laws) Act, 1953|
|State or Central||State|
"Certain areas of the Mikir Hills, which is an autonomous district in Assam specified in Part A of the Table appended o paragraph 20 of the Sixth Schedule to the Constitution, have been excluder from that district and incorporated in the adjoining plain districts of Nowgong and Sibsagar. But under Arti.372(1) of the Constitution, all the Acts, Rules, regulations, etc., which applied to these areas proprio vigore or were specifically applied thereto before the commencement if the Constitution with modifications under the Scheduled Districts Act, 1874. or under S.92 of the Government of India Act, 1935, are in force and will continue to be in force in these areas until altered or repealed. In order to administer these areas under the normal laws in force in the rest of the State of Assam, it is necessary for the appropriate Legislature a pass legislation repealing the laws now in force in these areas and applying to them all such laws as are in force in the respective districts in which they have been incorporated. The Government of Assam have already drawn up a Bill to extend to those areas the laws pertaining to matters in the State List in the Seventh Schedule to the Constitution. The object of this Bill is to make provision for the extension to these areas of the laws pertaining to the Union and Concurrent Lists."-Gaz. of Ind., 28-3-1953, Extra., Pt. II, section 2, p. 179.
1. Short title and commencement :- (1) This Act may be called The Scheduled AreasAssimilation of Laws) Act, 1953. (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, (a) "appointed day" means the date appointed under sub-section (2) of section 1 for the coming into force of this Act: (b) "law" means so much of any Act, Ordinance, Regulation, rule, order or bye-law as relates to any of the matters enumerated in Lists I and III in the Seventh Schedule to the Constitution; (c) "scheduled areas" mean the areas specified in the Schedule.
3. Assimilation of laws :- (1) All laws which immediately before the appointed day extend to, or are in force in, the scheduled areas shall on that day cease to be in force in the scheduled areas except is respects things done or omitted to be done before that day, and for the removal of doubts, it is hereby declared that Section 6 of the General Clauses Act, 1897 , shall apply in relation to such cesser as it applies in relation to the repeal of an enactment by a Central Act. (2) All laws" which immediately before the appointed day extend to, or are in force in, the district of Nowgong in 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 I of the Schedule. (3) All laws' which immediately before the appointed day extend to. or are in force in, the district of Sibsagar in the State of Assam shall as from that day extend to, or as the case may be, come into force the areas specified in paragraph 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 parties all of whom belong to the Scheduled Tribes specified in Item 2 of Part I - Assam, of the Schedule annexed to the Constitution (Scheduled Tribes) Order, 1950 or such other tribe or tribes, as may be specified" in this behalf, shall be tried and continue to be tried under the Rules for t h e Administration of Justice and Police in the Sibsagar and Nowgong Mikir Hills Tracts 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.