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Orissa Merged States Laws Act, 1950

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S.1 Short title

This Act may be called the Orissa Merged States (Laws) Act, 1950.


S.2 Commencement

It shall come into force at once.


S.3 Definitions

The expressions 'absorbing Province', 'merged State and 'laws' shall have the same meaning as in the States' Merger (Governors' Provinces) Order, 1949.


S.4 Extension of laws

All the Acts and Regulations specified in the Schedule are hereby extended to, and shall be in force, in the areas merged in the absorbing State 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).


S.5 Repeal of corresponding laws

If immediately before the commencement of this Act there is in force in any of the merged States an 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 (XLVII of 1947), applying that Act or Regulation 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.


S.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 or punishment incurred in respect of any offence committed against any such law; or
       For Statement of Objects and Reasons, see Orissa Gazette Ext./4.1.1950 and for Proceedings in the Assembly, see Proceedings of the Orissa Legislative Assembly, 1950, Vol. XI, pp. 7985 and 112-131.
       (c) any investigation, legal proceeding or remedy in respect of any such penalty, forfeiture or punishment ;
       and any such investigation, legal proceeding or remedy may be instituted, continued or

S.7 Modification of Tenancy Laws in force in the merged States

       Notwithstanding anything contained in the tenancy laws of the merged States as continue in force by virtue of Article 4 of the States Merger (Governor's Provinces) Order, 1949-
       (a) all suits and proceedings between landlord and tenant as 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 subject to the restriction that no transfer of a holding from a member of an aboriginal tri

S.8 Powers of Courts and authorities for purposes 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 the Schedule, any Court or other authority may construe any such Act or Regulation with such alterations, not affecting the substance, as may be necessary or proper to adopt it to the matter before the Court or other authority.


S.9 Repeal

The Orissa Merged States' (Laws) Ordinance, 1949 (Orissa Ordinance No. IV of 1949) is hereby repealed.


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