The Odisha Merged States (Laws) Act, 1950.

1
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 Mer ged 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 S tates’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,
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2
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 ef fected, 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 mer ged
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 T enancy laws in force in the merged S tates :-
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;
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(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 of ficer 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 af fecting 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)
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SCHEDULE
Year
1851
1853
1859
1861
1864
1967
1870
1870
1871
Number
VIII
XIX
IX
V
XV
XXII
VII
VIII
I
Short title
The Indian Tolls Act,
1851.
The Recusant Wit-
nesses Act, 1853.
The Forfeiture Act,
1859.
The Police Act, 1861.
The Indian Tolls Act,
1864.
The sarais Act,1867.
The Court Fees
Act,1970
The female Infanticide
Pevention Act, 1870.
The Cattle Trespass
Act, 1871.
Modification or Amendment
(a)  To Section 8 the following provi-
sion shall be added, namely :-
“Provided that every police of ficer 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.
(a) As subsequently amended in its
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
Omit Section 7
In Section 6 for “Provincial Government”
substitute “Magistrate of the district”.
GENERAL ACTS
5
SCHEDULE
Year
1879
1879
Number
VI
XVIII
Short title
The Elephants’
Preservation Act,
1879
The legal
Practitioner’s Act,
1879.
Modification or Amendment
Omit the second and third paragraphs
of Section 1.
(a) Omit the third paragraph of Section
1.
(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 mer ged
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
6
SCHEDULE
Year
1883
1884
1887
Number
XIX
XII
XII
Short title
The land Improve-
ment loans Act, 1683
The Agriculturists
Loans Act, 1884.
The Bengal, Agra and
Assam Civil Courts
Act, 1887.
Modification or Amendment
in any of the mer ged States and were
practising as Mukhtars as also all per-
sons who were in the list of Mukhtars in
any of the mer ged S tates 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”.
(a) Omit Sub-Section (2) of Section 1.
(b) In Section 3 after the words “a dis-
trict”, the words “the District Magis-
trate” shall be inserted.
(a) Omit Sub-Section (2) of section 1.
(b)As amended by Orissa Act VI of
1937.
(a) For Section 2, the following Section
shall be substituted namely:-
“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.
7
Year
1892
1894
1897
1897
1898
1899
1899
1912
1927
1937
Number
X
I
VIII
XIV
V
II
XIII
VIII
XVI
XVIII
Short title
The Government
Management of Pri-
vate Estates’ Act,
1892.
The Land Acquisi-
tion Act, 1894.
The Reformatory
School Act, 1897
The Indian Short
Titles Act,1897
The Code of Crimi-
nal Procedure, 1898.
The Indian Stamp
Act, 1899.
The Glanders and
Farcy Act, 1899
The Wild Birds and
Animals Protection
Act, 1912.
The Indian Forest
Act, 1927
The Hindu women’ s
Rights to property
Act, 1937
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”
Omit Sub-Section (2) and (3) of Section
1.
(a) In Section 30 after the words “an
Assam” the words “in the mer ged
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.
 As subsequently amended in its appli-
cation to the province of Orissa.
In Section 10 after  the word “Inspec-
tor” the words “the officer-in-charge of
a police-station” shall be inserted.
Omit Sub-Sections (2) and (3) of Sec-
tion 1.
As subsequently amended in its appli-
cation to the province of Orissa.
8
Year
1937
1937
1937
1938
1938
1938
1938
1938
1939
1939
1939
1939
Number
I
III
IV
II
III
V
VII
X
II
III
IV
VII
Short title
ORISSA
The Orissa General
Clauses Act, 1937.
The Orissa Minister’s
Salaries Act,1937
The Orissa Legislative
Assembly Speaker ’s
and Deputy Speaker ’s
Salaries Act, 1937
The Orissa Legislative
Assembly Members’
Salaries and Allow-
ances Act, 1938
The Orissa Co-opera-
tive Landmortgage
Bank Act, 1938
The Orissa Small Hold-
ers Relief Act,1938
The Orissa Nurses and
Midwives Registration
Act,1938
The Orissa Prevention
of Adulteration and
Control of Sale of Food
Act, 1938
The Opium (Orissa
Amendment) Act,1939.
The Orissa Money-
Lenders Act, 1939.
The Orissa Hindu Reli-
gious Endowments
Act,1939
The Orissa Prohibition
Act, 1939
Modification or Amendment
As subsequently amended
As subsequently amended
As subsequently amended
As subsequently amended
As subsequently amended
As subsequenly amended
As  subsequently amended
9
Year
1943
1943
1944
1946
1946
1946
1946
1946
1947
1947
1947
1947
Number
VII
XIII
V
V
VI
VII
IX
XI
I
V
VIII
XI
Short title
The Orissa Weights and
Measures Act, 1943.
The Utkal University
Act, 1943.
Hindu Women’Right to
property (Extension to
Agricultural Land in
Orissa Act, 1944
The Orissa Entertain-
ment Tax Act, 1949.
The Orissa Drugs  Ad-
vertisement Control Act,
1946.
The Orissa Military Po-
lice, Act, 1946.
The Orissa Motor spirit
(Taxation on Sales) Act,
1946
The Orissa Removal of
Civil Disabilities Act,
1946
The Orissa Essential Ar-
ticles Control and Req-
uisitioning (T emporary
powers) Act, 1947.
The Orissa House Rent
Control Act,  1947
The Orissa Preservation
of private Forests Act,
1947
The Orissa Temple En-
try Authorization and In-
demnity Act, 1947
Modification or Amendment
As subsequently amended
As subsequently amended
As subsequently amended
 For Section 3 the following Section
shall be substituted, namely:-
“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”
For Sub-Section (3) of Section 1, the
following Sub-Section shall be sub-
stituted.
10
Year
1947
1947
1947
1947
1947
1948
1948
1948
1948
1948
1948
Number
XIV
XVI
XXIV
XXVI
XXXVI
I
III
IV
V
VIII
X
Short title
The Orissa Sales Tax
Act, 1947.
The Orissa Opium
Smoking Act, 1947
The Orissa Agricultural
Income-tax Act, 1947.
The Orissa Court of
Wards Act, 1947.
The Orissa Motor Ve-
hicles (Regulation of
State Carriage and Pub-
lic Carrier ’s Services)
Act, 1947.
The Orissa Communal,
Forest and Private Lands
(Prohibition of Alien-
ation) Act, 1948
The Orissa Tenants Pro-
tection Act, 1948
The Orissa Maintenance
of Public Order Act,
1948.
The Orissa Local Fund
Audit Act, 1948.
The Orissa Revenue
Commissioner’ (Regula-
tion of Functions) Act.
1948
The Orissa Compulsory
Labour Act, 1948.
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”.
As subsequently amended.
As subsequently amended.
For Sub-Section (3) of Section 1 the fol-
lowing Sub-Section shall be substituted
namely:-
“(3) It shall come into force on such date
as the Provincial Government may , by
notification, direct”
11
Year
1948
1948
1948
1948
1949
1949
1949
1949
1936
1937
Number
XI
XV
XVIII
XIX
I
IV
VII
VII
II
IV
Short title
The Orissa Temple En-
try Authorization Act,
1948.
The Orissa Grama
Panchayats Act, 1948.
The Orissa Develop-
ment of Industries, Irri-
gation, Agriculture,
Capital Construction
and Re-settlement of
Displaced persons
(Land Acquisition) Act,
1948
The Land Acquisition
(Orissa Amendment)
Act. 1948
The Orissa Motor Ve-
hicles (Amdt.)
Act.1949.
The Orissa Local Au-
thorities Census Ex-
penses Contribution
Act, 1949
The Orissa Muham-
madan Marriages and
Divorces Registration
Act, 1949.
The Orissa Animal Con-
tagious Diseases Act,
1949.
REGULATION
The Orissa Medical
Regulation, 1936.
The Orissa Criminal
Procedure (Election Of-
fences) Amendment
Regulations, 1937.
Modification or Amendment
12
Year
1937
1937
1942
1948
Number
XI
XII
I
I
Short title
The Orissa Ports Regula-
tion 1937.
The Orissa Famine Relief
Fund Regulation, 1937.
The Indian Post Of fice
(Orissa Amendment)
Regulation, 1942.
The Orissa Debt Bondage
Abolition Regulation,
1948.
Modification or Amendment
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