The State Government has the power to extend the provisions of a law to the transferred territories by issuing a notification, and such extension does not require a further notification under a different provision of the law.

Satyabrata Sinha, J.

These applications involve a question as regard construction of the provisions of Bihar and West Bengal (Transfer of Territories) Act, 1958, (hereinafter referred to as Transfer of Territories Act) and the West Bengal Transferred Territories (Assimilation of Laws) Act, 1958 (hereinafter referred to as the Assimilation of Law Act).

2. The petitioners are residents of such places which were prior to coming into force of the Transfer of Territories Act were situate in the State of Bihar. By reason of the provisions of the said Act, the areas mentioned therein stood transferred to the State of West Bengal with effect from 1st November, 1956 and for that purpose the First Schedule of the Constitution was also amended. Section 3 of the Transfer of Territories Act provides for transfer of the territories from the State of Bihar to the State of West Bengal. Other relevant provisions to which reference shall be made hereinafter are to Part VIII thereof.

3. The Assimilation of Laws Act were enacted for the assimilation of certain laws in force to the territories transferred from the State of Bihar to the State of West Bengal by reason of s. 3 of the Transfer of the Territories Act.

4. In these cases notices had been issued upon the petitioners in terms of the relevant provisions of the Chapter IIB as inserted by West Bengal Land Reforms (Amendment) Act, 1971 which are the subject matter of challenge in these writ applications.

5. Mr. Ghosh, the learned counsel appearing on behalf of the petitioners has principally raised two contentions in support of these applications. It is submitted that although a notification dated 24th June, 1967 was issued in terms of the Assimilation of Laws Act appointing 30th June, 1967 as the date with effect from which the West Bengal Land Reforms Act, 1955 specified in Item No. 4 of Schedule-III shall extend to the Transfer of Territories and a further notification was issued under the Land Reforms Act in that regard extending the provisions of Chapter II, IIA, IV, VI(3) of s. 17, Ss. 39, 40, 41, 42, 53, 54, 55 and 56 and cls. (1), (2), (3), (4), (5) and (6) of s. 59 of the West Bengal Land Reforms Act with effect from 1st day of October, 1969 by a notification dated 26th September, 1969; but as no notification has been issued specifying a date from which Chapter IIB of the said Act shall come into force, the impugned proceeding are bad in law.

6. In support of the aforementioned contention reliance has been placed on M/s. Jalan Trading Co. Private Ltd. v. Mill Mazdoor Sabha reported in AIR 1967 SC 691 and Rajnarain Singh v. Chairman, Patna Administration Committee, Patna & Anr. reported in AIR 1954 SC 569. It was also contended that the 1967 notification is not all pervasive. The learned counsel has also drawn the attention of this court to Sri Sri Madan Mohan Jiu Thakur & Ors. v. State of West Bengal & Ors. reported in CLT 1989(2) HC 174 wherein it has categorically been held that unless a notification is issued bringing into force Chapter VIII of the West Bengal Estates Acquisition Act, the said provisions would not apply to the territories which were transferred to the State of West Bengal in terms of Transfer of Territories Act.

7. It was further submitted that in terms of s. 43 of Transfer of Territories Act, the competent authority does not mean the State Government and the said provision requires a legislative Act in absence whereof the provisions of the said Act cannot be said to be applicable. In any event the second proviso appended to s. 3(3) of Assimilation of Laws Act is void as the same is subject to s. 4 thereof, in terms whereof the State has been conferred with the power of remove doubts under the provisions of the said Act, if any.

8. The learned counsel appearing on behalf of the State, does not dispute the fact that no notification has been issued upon coming into force of Chapter IIB of the Act. However, it is submitted that the notification dated 24th June, 1967