LexThe cooch behar ( assimilation of state laws) act, 1950
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Government of West Bengal
Legislative Department
West Bengal Act LXIII of 1950
The Cooch Behar
(Assimilation of State Laws)
Act, 1950
Superintendent, Government Printing
West Bengal Government Press, Alipore, West Bengal
1950
Price—Indian. annas 2; English, 3d.
West Bengal Act LXIII of 1950
THE GOOCH BEHAR (ASSIMILATION OF STATE
LAWS) ACT, 1950.
[Passed by the West Bengal Legislature. ]
[Assent of the President was first published in the Calcutta Gazette,
zof the 7th December, 1950]
An Act to assimilate certuin State laws i force in Cooch Behar
to the State laws in force in the rest of West Bengal.
Wuereas 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;
Tt is hereby enacted as follows :—
4. (2) This Act may be called the Cooch Behar (Assi- Short title
milation of State Laws) feb 1950. and com- _ mence-
(2) It shall come into force on such date as the State ment.
Government may, by notification in the Official Gazette, any!
appoint.
2, In this Act,— Definitions.
(a) “appointed day’? means the date appointed under
sub-section (2) of section 1 for the coming into
force of this Act;
(6) “Cooch Behar’? means the merged territory of Cooch
Bebar 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. (2) All State laws which immediately before the Assimila-
appointed day extend to, or are in force in the State of West tion of
Bengal, but do not extend to, or are not in force in, Cooch State
Behar shall, as from that day, extend to, or as the case may Tame
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 IT shall not extend to, or
come into force in, Cooch Behar:
f—
Provision
for removal
of diffi-
culties.
NS
2 The Cooch Behar (Assimilation: of State Laws)
Act, 1980.
[West Ben, Act
(Section ‘4 and Schedule I.) -
Provided that the State Government may, by notification
in the Oficial Gazette, appoint a date on which any of the
Acts specified in Schedule } 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.
(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.
4. If any difficulty arises in relation to the transition
from the laws mentioned in sub-section (2) of section 3 to the
laws mentioned in sub-section (7) thereof, the State Govern-
ment may, by order notified in the Oficial Gazette, make
such provision as it considers necessary for the removal of
such difficulty.
SCHEDULE I,
[See section 3(3).]
(1) The Gooch Behar Village Ghoukidari Act, 1893 (Gooch
Behar Act II! of 1893).
Throughout the <Act.—For ‘‘Fouzdari Ahilkar”
substitute ‘‘District Magistrate’.
Preamble —For “State” substitute ‘district’.
Section 7.—In sub-clause (/), for ‘by a Sanud under his
hand and seal’ substitute ‘‘by an order published in the
Oficial Gazette’; for “State’’ substitute ‘‘district’’.
In sub-clause (2), for “His Highness the Maharaja Bhup
Bahadur in Council’’, in the two places where they occur,
substitute ‘the State Government’; for ‘‘Gooch Behar
Gazette’ substitute “Official Gazette’.
In the first proviso, for ‘‘Cooch Behar Municipal Act I uf
1885”? substitute “Cooch Behar Town Commitiee Act of
1903 (Cooch Behar Act IV of 1903) or the Cooch Behar
Municipal Act, 1944 (Cooch’ Behar Act IIT of 1944)’.
Section VI(A).—In sub-clauses (7) and (2) for “His
Highness the Maharaja Bhup Bahadur in Council” substitute
“the State Government’; for “Cooch Behar Gazette’, in
the two places where they occur, substitute ‘‘Uficial
Gazette’.
In sub-clause (%), for ‘‘granted a Sanud given under the 3 . bie 2 s Sige
hand and seal of? substitute ‘‘given an order in writing
by’’.
The Cooch, Behar (Assimilation of State Laws) 3
Act, 1950.
LEXI of 1950.]
(Schedule I.)
Section Vi(#).—In clause (h), for “His Highness the
Maharaja Bhup Bahadur in Council” substitute ‘the State
Government’’; for ‘‘Cooch Hehar (fazette’ substitute
“Oficial Gazette’.
Section X.—For “annas 12” substitute ‘Rupees 2” and
for “one pice or quarter of an anna” substitute “two pice
or half an anna’”’, .
Section XXXIIJ.—In clause 6th, for ‘State Couneil’’
_ substitute “State Government”.
In clause 18th, for ‘“‘His Highness the Maharaja Bhup
Bahadur in Oouncil” substitute ‘‘the State Government’,
and for ‘“Coockh Behar Gazette’? substitute ‘‘Uficial
Gazette’.
Section XLI/I.—For “Superintendent of the State’
substitute ‘Divisional Commissioner’.
Sectton XLIV.—For ‘‘Cooch Behar State’? substitute
“the district of Cooch Behar’’.
(2) The Cooch Behar Gess Act, 1893 (Gooch Behar Act V of -
1893),
Throughout the Act.—For ‘His Highness the Maharaja
in Council’, ‘His Highness in Council’? and ‘His High-
ness’? substitute “the State Government’’ except where
otherwise mentioned; for ‘‘Naib Ahilkar’? substitute
“Deputy Collector’; for ‘“Naitb Ahilkar of the subdivision”’
substitute ‘“Deputy Collector in charge of the subdivision” ;
for “Revenue Minister’ substitute ‘Collector’.
Long title and preamble.—for ‘State’? substitute
_ ‘distriet’’.
Section 4.—Omit definition of ““Naib Ahilkar’; in the
definitions of ‘‘Lakherajdar’’ and ‘‘Mokoraridar’, after
“State’’ insert ‘fof Cooch Behar before merger’’.
Section 6.—Omit section 6,
Section 7.—Omit “if he think fit’’.
Section 18.-—For ‘‘the State’ substitute ‘Government’.
Section 25.—For “State Council’ substitute ‘Divisional Commissioner or the Board of Revenue’.
Section 31.—For “State? substétute ‘“Government’’,
Section 34.—For ‘His Highness the Maharaja in Council’ subsittute ‘the Divisional Commissioner and the Board of Revenue’; in the marginal note, for ‘State Council’’ substitute ‘Divisional Commissioner and Board of Revenue’’.
Part Ill, Chapter V.—For the heading ‘Constitution and Administration of the Communication Improvement Fund” substitute “Temporary Provisions’2,
ee tt
4 The Cooch Behar (Assimilation of State Laws)
Act, 1950.
[West Ben, Act
(Schedule I.)
Section 86.—For section 86, substitute the following :—
“Communication Im- 36. Until the constitution of a
pro a eee District Board for Cooch Behar, the
vert Of the Gonesli. amount produced by the Communica-
Fated Fund of the tion Improvement Cess and all sums
State. levied or tecovered as fines, penalties
or otherwise in respect of the cess
under this Act, shall form part of the
Consolidated Fund of the State of
West Bengal; and the cost of repair
and maintenance of roads, bridges and
other means of communication and the cost of
construction and maintenance of any other work
of public utility shall be paid out of the Con-
solidated Fund of the State of West Bengal.’
Seetions 37, 38, 39 and 40..—OUmit these sections.
(3) The Gooch Behar Revenue Saies Act, 1897 (Cooch Behar
Act- V of 1897). .
Throughout the Act.—Por ‘‘Naib Ahilkar’ substitute
“Deputy Collector”; for ‘‘Revenue Minister’’ substitute
“Collector of the district’; for “Cooch Behar Gazette”
substitute “Oficial Gazette’; for “Council”? substitute
“Board of Revenue, West Bengal’; and for ‘‘Civil and
Sessions Judge’? substitute “District Judge’’.
Long title.—For ‘State’ substitute ‘‘district’’.
Section I1].—For ‘State’ substitute ‘‘Government’’.
Omit the definition of Naib Ahilkar.
Section IV .—Omat this section. °
Section V.—For “as notified under the provisions of the
preceding section’? substitute ‘‘fixed under the provisions of
ao Act, .Cooch Behar, 1898 (Cooch Behar Act I of
Section VII(A).—For ‘‘Revenue Officer’ substitute
“GCollector’; for “State substitute “Government’’; for
“Section 7 of the Cooch Behar Public Demands Recovery
Act (II of 1899)” substitute ‘the Bengal Public Demands
Recovery Act, 1913 (Bengal Act ITE of 1918)’.
Sections IX, XIII, XXI, XXVII, XXXII and XXXII,
—For “State” substitute ‘Government’.
Section XVI.—For “State” substitute ‘‘district’’.
Section XXXVII—For the words ‘‘Naib Ahilkar may
refer to any Sub-Naib Ahilkar subordinate to him’’ substitute
‘Deputy Collector in charge of a subdivision may refer to
any other Deputy Collector or any Sub- Deputy Collector of the
same station’’; in clause 3, omit “or Sub-Naib Ahilkar’’.
Schedule A.—For “State”. substitute ‘‘district”’, wherever
it occurs.
x
The Cooch Behar (Assimilation of State Laws) 5
Act, 1980. .
LXIIE of 1950.)
(Schedule I.)
(4) The Kist Act, Gooch Behar, 1898 (Cooch Behar Act f of |
1898). -
Throughout the Act.—For “‘State” substitute “Govern-
ment’’.
(5) The Gooch Behar Town Committee Act of 1903 (Gooch
Behar Act IV of 1903).
Throughout the Act.—For “‘Cooch Behar Gazette’ substt-
tute “Oftoial Gazetie’’; for ‘‘His Highness the Maharaja in
Council’, or ‘‘His Highness the Maharaja Bhup Bahadur in
Council”? substitute “State Government’; for “His Highness
in Council” substitute “State Government”.
Section V.—In sub-section (13) for ‘‘His Highness the
Maharaja’ substitute “State Government’’.
Section Vill.—For “to him may seem fit” substitute
‘may be specified in the notification’.
Section XI.—For ‘‘Fouzdari Ahilkar’’ substitute ‘District
Magistrate’; for ‘‘State Engineer’ substitute ‘Executive
Engineer”; for “‘Naib Ahilkars’’ substitute ‘*Officers’’.
Section XIII.—For “‘the State’ substitute ‘Govern-
ment’,
Section XV.—For ‘‘His Highness the Maharaja’ substi
tute “State Government’; for “State Funds’’ substetute
“Consolidated Fund of the State”.
Section XVII.—For “His Highness the Maharaja’ substt-
tute ‘State Government’.
Section XX.—Omit ‘‘provided that when a member of the
State Council is also a member of the Town Committee, he
and not the Vice-Chairman, shall preside’.
Section XXIX.—For ‘The accounts of the Town Com-
mittee shall be subject to audit by the Audit Office of the
State in the way that accounts of all other departments of the
State are so subject” substitute “The Town Committee shall
make arrangements, subject to the approval of the State
Government, for the examination and audit of accounts of
the Committee and may direct the publication of such
accounta’’.
Section XLIIIA.—For this section substitute the follow-
ing:—
“Powers and du- XLUTA. Chaukidars appointed under
ties of Chaukidars this Act shal] exercise all the powers and appointed under fa Ya uti db “
Heke perform all the duties and be subject to
all the liabilities of police officers as
prescribed by any jaw for the time being im force so far as
such powers, duties and liabilities are not inconsistent with
or otherwise expressly provided for by this Act.”
scaecrscece een
6 Phe Cooch Behar (Assimilation of State Laws)
Act, 1950.
[West Ben. Act
(Schedule £.)
. Sections XLV and XLVI.—For “Fouzdari Ahilkar’”’
substitute ‘District Magistrate’? , :
Section XLVII.—For “‘Siate”’ substitute ‘Government’.
Section L.—For ‘State?’ substitute “Government”.
Section LXVIII.—For ‘State’ substitute ‘‘Govern-
ment’’,
Section LXLII.—For ‘His Highness the Maharaja”
", substitute ‘“‘Government’’.
Section C.—-For ‘‘State’’ substitute ‘‘Government’’.
(6) The Gooch Behar Tenancy Act, 1910 (Cooch Behar Act
V of 1910).
Phroughout the Act—For “Naib Ahilkar’’ - substitute
“Deputy Collector’; for “State Council’ substitute ‘‘Govern-
ment’’; for “‘State’’, wherever it occurs in the expression
“not paying revenue to the State’’, substitute ‘Government’.
Preamble.—For ‘‘State”’ substitute ‘‘district’’.
Séction 1.—For sub-section (2), substitute—
(2) It shall apply to the whole of the district of Cooch
Behar.’
Section J.—In clause (a) of sub-section (7) for ‘‘State’”’
substitute ‘‘Government”’; im sub-section (3) omzt ‘“‘in the
State’’; in sub-section (5) for “‘State’’ substitute ‘‘Govern-
ment’’; in sub-section (8) for ‘‘State’’ subsiztute ‘‘Govern-
ment’; im sub-section (9) for ‘State’ substitute ‘‘Govern-
ment’; omit sub-section (46); in sub-section (20) for ‘‘State’’
substitute - ‘district’; im sub-section (23) for ‘‘State’’
substitute ‘‘Government’’ and omit ‘‘in the State’’; in sub-
section (27) omit ‘‘as introduced into the State’’.
Section 4.—Omat ‘‘as introduced into the State’’.
Section §.—In clause (a) for ‘‘State’’ substitute ‘‘Govern-
ment’’.
Section §8—In the explanation, for ‘‘State’’ substitute
‘Government’.
Section J0.—in the proviso for ‘‘State’ substitute
district’.
Sectton 18A.—For “‘State’’ substitute ‘‘Government’’.
Section 84.—-Omit ‘‘of the State’.
Section 36.—+In sub-section (2) for ‘‘His Highness in
Council’ substitute ‘State Government’’.
Section 39A4.—in sub-section eh omit “as introduced into
the State’.
Section 39B.—For ‘‘the Cooch Behar Limitation Act,
1921” substitute ‘any other law for the time being in force’’.
a
The Cooch Behar (Assimilation of State Laws) 7
“a Act, 1950.
EXIIt of 1950.
(Schedule-I.)
Section 41.—Omit ‘‘in force in the State’’.
Section 47.—For “Civil Judge’’, where it occurs for the
first time, substitute ‘District Judge, Additional Judge or
Subordinate Judge’’; for ‘‘His Highness in Council’’ substi-
tute ‘‘High Court’’; in the proviso for ‘‘Civil Judge”
substitute ‘District Judge’.
Section 49.—For the words ‘‘Revenue Minister” in the
second paragraph, substitute ‘‘Dewan or Revenue Minister of
Cooch Behar or by the Chief Commissioner or the Collector’.
/ Section d&.—In the proviso to sub-section (2) for “Tis
Highness in Council’ substitute ‘State Government’.
Section 65.—In sub-section (2) after ‘appears’? insert .
“to the Court’? and for ‘‘Civil Judge” substetute ‘District
Judge’.
Section 66.—For ‘State’ substitute ‘district’’.
Section G8A.—In sub-section (2) fer “Civil Judge’’
substitute “District Judge’’.
Section 73.—In sub-section (4) for ‘‘State’ substitute
‘Government’.
Section 79.—-Kor ‘‘Revente Minister’ substiiute
“Collector’’.
Section 82.—-Omit ‘‘as introduced into the State’? from
both the sub-sections (1) and (2).
Section 83.—For “State” substitute ‘‘Government’’.
Section 89.—For “State” substitute “Government”.
Schedule V.—In Part Il, for “Civil Judge’ substitute
‘District Judge’; for ‘Revenue Minister’? substetute
“‘Collector’’. “
In Part III, for ‘‘Cooch Behar Limitation Act, 1921"
substitute “Indian Limitation Act, 1908’’.
(7) The Gooch Behar Municipal Act, 1944 (Cooch Behar
Act [EI of 1944), ©
Throughout the Act.—for ‘State’ substitute ‘‘district’’,
except where otherwise specifically provided; fer ‘‘Cooch
Behar Gazette’ substitute “Oficial Gazette”; for “Durbar”?
substitute ‘State Government’; for ‘‘Fouzdari. Ahilkar’”’
substitute ‘‘District Magistrate’.
Section 2.—In sub-section (%) omit “after publication in
the Cooch Behar Gazette with the assent of His Highness the
Maharaja Bhup Bahadur’.
Section 4.—In sub-clanse (2) of clause (10) for ‘His
Highness the Maharaja Bhup Bahadur in Council”
substitute “State Government’’.
Omit clause (15).
oper
8 The Cooch Behar {Assimilation of State Laws)
Act, 1950. ~
[West Ben. Act
(Schedule I.)
Section 15.—For clause (i1) of sub-section (2) substitute
“'(at) is a citizen of India, and’’.
Section 24,—In sub-section (2) onut ‘and section 171d of
the Cooch Behar Penal Code concerning an election under this
Act’’; in clause (c) of sub-section (2} omit ‘‘section 171J of
~ the Cooch Behar Penal Code concerning an election under
'this Act and’’; in sub-section (3) omit ‘fand section 171J of
the Cooch Behar Penal (Cede concerning an election wnder
this Act’’.
Section 26.—In sub-section (1) for ‘“‘Civil Judge of the
State’? substitute ‘District Judge’; in clause (a) of sub-
section (2) insert 1908" after ‘Code of Civil Procedure’.
Section 33.—In clause (b) of sub-section (1), for ‘His °
Highness the Maharaja Bhup Bahadur, his heirs and
successors’? substitute ‘‘the Union of India’’.
Section 60.—For ‘State’? substatute ‘Government’.
Section 63.—In sub-section (J), for “Cooch Behar Regis-
tration Act, 1921’’ substitute “‘Indian Registration Act,
1908”’. ,
Section €5.—In clause (c), for ‘State funds by His High-
ness the Maharaja Bhup Bahadur or by the Durbar’’
substitute “Consolidated Fund of the State’.
Section 74.—For this section substitute the following : —
“Audit of 74, The accounts of the Municipal Funds shall
accounts. be audited at such times and in such manner as
the State Government may prescribe.”
Section 122.—In the first provisé to sub-section (2) fer
“State” substitute “‘Government’’,
Section 190.—For clauses (a) and (6) substitute—
(a) prescribing the standard weights and measures to
be used within the municipality, namely ,—
(1) Government standard weights, that is to say, one
maund consisting of 40 seers, one seer consist-
ing of 80 tolas and one tola consisting of
180 grains; or
(ii) a standard cubit consisting of 18 inches for the
measure of commodities other than land; or
(iii) both the weights and the measure of length
mentioned in sub-clauses ©) and (2)
respectively ;
(b) providing standards of the weights and measures 80
preseribed ;”’.
r
The Cooch Behar (Assimilation of State Laws) a
“ Act, 1950
LXAII of 1950.) a
(Schedule I and Schedule I2.)
Section 191.—For sub-section (2) substitute—
(2) Where the Commissioners of any municipality
have made by-laws under section 190 prescribing
standard. weights and measures to be used within
the municipality, they may, at a meeting by an
order published in the prescribed manner,
prohibit the usé within the municipality of any
maund, seer-or tola or any cubit measure other
than such as conform with the standard prescrib-
ed in ‘the said by-laws.’’.
In sub-section (2) for the words “‘when such standard
weights or measurea or both are in force’ - substitute “when.
such order has been published’’.
Section 193.—For “‘Cooch Behar Food Adulteration Act,
1941” substitute “Bengal Food Adulteration Act, 1919”.
Sections #21 and 234.—For ‘‘Cooch Behar Penal Code’’
substitute ‘Indian Penal Code’’.
Section 227.-——In clause (c) of sub-section (7) for “His
Highness the Maharaja Bhup Bahadur of Cooch Behar”’
substitute ‘State Government’’. ’
SCHEDULE Il.
[See section 3(3).]
(1) The Bengal Land Revenue Sales Act, 1859 (XI of
1859).
(2) The Bengal Land Revenue Sales Act, 1868 (Bengal
Act VII of 1868). 5
(3) The Village Chaukidari Act, 1870 (Bengal Act V1
of 1870). -
(4) The Bengal Village Chaukidari Act, 1871 (Bengal
Act I of 1871).
(5) The Cess Act, 1880 (Bengal Act IX of 1880}.
(8) The Bengal Tenancy Act, 1885 (VITI of 1885).
(7) The Bengal Village Self-Government Act, 1919
(Bengal Act V of 1919).
(8) The Bengal Municipal Act, 19382 (Bengal Act XV
of 1982),
WRBGP-50/ -85964.-4,500
=