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STATE OF HIMACHAL PRADESH ACT

Ministry of Law and Justice

Act nº 53 of 1970


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part v
  • Part VI
  • Part VII
  • Part VIII
  • Schedules
  • Act nº 53 of 1970

Preamble

THE STATE OF HIMACHAL PRADESH ACT, 1970

[Act, No. 53 of 1970]

[25th December, 1970]

PREAMBLE

An Act to provide for the establishment of the State of Himachal Pradesh and for matters connected therewith.

BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows :--

Part I

Section 1. Short title

This Act may be called The State of Himachal Pradesh Act, 1970.

Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "Administrator" means the administrator appointed by the President under Article 239 of the Constitution;

(b) "appointed day" means the day which the Central Government may, by notification in the Official Gazette, appoint;1

(c) "article" means an article of the Constitution;

(d) "Election Commission" means the Election Commission appointed by the President under article 324;

(e) "existing Union territory of Himachal Pradesh" means the Union territory of Himachal Pradesh as existing immediately before the appointed day;

(f) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument I aving, immediately before the appointed day, the force of law in the whole or any part of the existing Union territory of Himachal Pradesh;

(g) "sitting member," in relation to either House of Parliament or of the Legislative Assembly of the existing Union Territory of Himachal Pradesh, means a person who, immediately before the appointed day, is a member of that House or that Assembly;

(h) "treasury" includes a sub-treasury.

1. 25-1-1971 is the appointed day.


Part II

Section 3. Establishment of State of Himachal Pradesh

On and from the appointed day1, there shall be established a new State, to be known as the State of Himachal Pradesh, comprising the territories which immediately before that day were comprised in the existing Union Territory of Himachal Pradesh.

1. That is 25-1-1971.


Section 4. Amendment of First Schedule to the Constitution

On and from the appointed day, in the First Schedule to the Constitution,--

(a) under the heading "I, THE STATES," after entry 17, the following entry shall be inserted, namely :--

"18. Himachal Pradesh.-- The territories which immediately before the commencement of this Constitution were being administered as if they were Chief Commissioners' Provinces under the names of Himachal Pradesh and Bilaspur and the territories specified in subsection (1) of section 5 of the Punjab Reorganisation Act, 1966;"

(b) under the heading "II. THE UNION TERRITORIES," entry 2 relating to Himachal Pradesh shall be omitted and entries 3 to 10 shall be renumbered as entries 2 to 9 respectively.

Part III

Section 5. Amendment of Fourth Schedule to the Constitution

On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,--

(a) entry 18 shall be renumbered as entry 19 and before the entry as so renumbered, the following entry shall be inserted, namely :--

"18. Himachal Pradesh.3;"

(b) entry 19 shall be omitted.

Section 6. Allocation of sitting members

(1) On and from the appointed day, the three sitting members of the Council of States representing the existing Union territory of Himachal Pradesh shall be deemed to have been duly elected under clause (4) of article 80 to fill the three seats allotted to the State of Himachal Pradesh in that Council.

(2) The term of office of such sitting members shall remain unaltered.

Section 7. Amendment of section 27-A of Act 43 of 1950

Amendment of section 27-A of Act 43 of 1950

Section 8. Allocation of seats in the existing House of the People

[Omitted by Act 15 of 1971, Section 2 (w.r.e.f. 5-1-1971)].

Section 9. Provision as to sitting members

[Omitted by Act 15 of 1971, Section 2 (w.r.e.f 5-1-1971).]

Section 10. Provision, as to Legislative Assembly as constituted on the appointed day

( 1 ) On and from the appointed day1, the total number of seats in the Legislative Assembly of the State of Hi machal Pradesh to be filled by persons chosen by direct election from Assembly constituencies sh all be sixty and the number of seats to be reserved for the Scheduled Castes and for the Scheduled Tribes of that State sh all be fourteen and three respectively; and the Second Schedule to the Representation of the People Act, 1950, sh all be deemed to be amended accordingly.

( 2 ) On and from the appointed day, the sixty territorial constituencies of the existing Union territory of Hi machal Pradesh sh all be deemed to be the constituencies of the Legislative Assembly of the State of Hi machal Pradesh and the Delimitation of Parliamentary and Assembly Constituencies Ord er, 1966, sh all be construed accordingly.

( 3 ) Every sitting me mber of the Legislative Assembly of the existing Union territory of Hi machal Pradesh representing a territorial constituency which, on the appointed day . b y virtue of the provisions of sub -section ( 2 ), becomes a constituency of the State of Hi machal Pradesh sh all be deemed to have been elected under article 170 to the Legislative Assembly of the State of Hi machal Pradesh by that constituency.

( 4 ) Notwithstanding anything contained in any other law for the time being in force, the Legisla­tive Assembly of the State of Hi machal Pradesh sh all be deemed to be duly constituted on the appointed day.

1. That is 25-1-1971.


Section 11. Duration of Legislative Assembly

The period of five years referred to in clause (1) of article 172 shall, in the case of the Legislative Assembly of the State of Himachal Pradesh, be deemed to have commenced on the date on which the duration of the existing Legislative Assembly of the Union territory of Himachal Pradesh commenced under section 5 of the Government of Union Territories Act, 1963.