The Himachal Pradesh and Bilaspur (New State) Act, 1954

The Himachal Pradesh and Bilaspur (New State)

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The Himachal Pradesh and Bilaspur (New State) Act, 1954 (ACT NO. 32 OF 1954) (As on the 15th April, 2026) 1

LIST OF ABBREVIATIONS USED

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LIST OF ABBREVIATIONS USED Cl.,cls. . . . . . for Clause, clauses. S., ss. . . . . . ,, Section, sections. Subs. . . . . . ,, Substituted. w.e.f. . . . . . ,, with effect from.

THE HIMACHAL PRADESH AND BILASPUR (NEW STATE)

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THE HIMACHAL PRADESH AND BILASPUR (NEW STATE) ACT, 1954 ________ ARRANGEMENT OF SECTIONS ___________ PART I PRELIMINARY SECTIONS 1. PART II FORMATION OF THE NEW STATE OF HIMACHAL PRADESH 3. Formation of the new State of Himachal Pradesh. Amendment of the First Schedule to the Constitution. Parliamentary constituencies of the new State and their delimitation. Legislative Assembly of the New State 12—16.[Repealed.] Miscellaneous 17.

SECTIONS

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Power of Delimitation Commission to revise its orders. Court of the Judicial Commissioner for the new State. PART V ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS 27. Existing authorities and officers to continue to function in the new State. Saving of the powers of the Central Government in relation to the Bhakra-Nangal Project. THE FIRST SCHEDULE— MODIFICATION IN THE DELIMITATION OF PARLIAMENTAY CONSTITUENCIES (PART C STATES) ORDER, 1951.

THE HIMACHAL PRADESH AND BILASPUR (NEW STATE) ACT, 1954

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Section 1 — Short title and commencement

Section 2 — Definitions

Section 3 — Formation of the new State of Himachal Pradesh

Section 4 — Amendment of the First Schedule to the Constitution

THE HIMACHAL PRADESH AND BILASPUR (NEW STATE) ACT, 1954 ACT NO. 32 OF 1954 [28th May, 1954.] An Act to provide for the formation of the new State of Himachal Pradesh by uniting the existing States of Himachal Pradesh and Bilaspur, and for matters connected therewith. Short title and commencement.—(1) This Act may be called the Himachal Pradesh and Bilaspur (New State) Act, 1954. Definitions.—In this Act, unless the context otherwise requires,— (a) “article” means an article of the Constitution; 2 * * * * * * (c) “existing States” mean the States specified as Bilaspur and Himachal Pradesh in Part C of the First Schedule to the Constitution immediately before the commencement of this Act, and “existing State” means either of the existing States; (d) “law” includes any enactment, ordinance, regulation, order, rule, scheme, notification, bye-law or other instrument having the force of law in the whole or in any part of either of the existing States; (e) “Order” means an order published in the Official Gazette; (f) “Parliamentary constituency” has the same meaning as in the Representation of the PeopleAct, 1950 (43 of 1950); (g) “sitting member” in relation to either House of Parliament or in relation to the Legislature of the existing State of Himachal Pradesh, means a person who immediately before the commencement of this Act is a member of that House or that Legislature, as the case may be. PART II FORMATION OF THE NEW STATE OF HIMACHAL PRADESH 3. Formation of the new State of Himachal Pradesh.—As from the commencement of this Act there shall be formed by uniting the existing States a new Part C State to be known as the State of Himachal Pradesh (hereafter in this Act referred to as the “new State”).

(ii) entries 4 to 10 shall be renumbered as entries 3 to 9 respectively;

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Section 5 — Representation in the Council of States

Section 6 — Amendment of the Fourth Schedule to the Constitution

Section 7 — Amendment of section 27A, Act 43 of 1950

Section 8 — Representation in the House of the People

Section 9 — Amendment of the First Schedule, Act 43 of 1950

Section 10 — Parliamentary constituencies of the new State and their delimitation

(ii) entries 4 to 10 shall be renumbered as entries 3 to 9 respectively; (b) under the heading “Territories of States”, after the first paragraph the following paragraph shall be inserted, namely:— “The territory of the State of Himachal Pradesh shall comprise the territories which immediately before the commencement of the Himachal Pradesh and Bilaspur (New State) Act, 1954 were comprised in the States of Bilaspur and Himachal Pradesh.” PART III REPRESENTATION IN THE LEGISLATURES Council of States 5. Representation in the Council of States.—(1) There shall be allotted one seat to the new State in the Council of States. (2) The sitting member of the Council of States representing the group of States comprising the existing States shall on and from the commencement of this Act represent the new State in the Council but the term of such sitting member shall remain unaltered, that is to say, shall expire on the 2nd of April, 1958. Amendment of the Fourth Schedule to the Constitution.—In the Fourth Schedule to the Constitution, in the Table of Seats relating to the representatives of States specified in Part C of the First Schedule— (i) for entries 4 and 5, the entry “4. Himachal Pradesh......1” shall be substituted; and (ii) entries 6 to 10 shall be renumbered as entries 5 to 9 respectively. Amendment of section 27A, Act 43 of 1950.—In section 27A of the Representation of the People Act, 1950 (43 of 1950),— (i) in sub-section (5), for the word “Delhi” the words “Delhi, Himachal Pradesh” shall be substituted; and (ii) sub-section (6) shall be omitted. Amendment of the First Schedule, Act 43 of 1950.—In the First Schedule to the Representation of the People Act, 1950 (43 of 1950), in the part relating to Part C States,— (i) entry 3 shall be omitted; (ii) entries 4 to 12 shall be renumbered as entries 3 to 11 respectively; and (iii) for the figure “3” in column 2 against Himachal Pradesh, the figure “4” shall be substituted.

(2) The Delimitation of Parliamentary Constituencies (Part C States) Order, 1951, shall, until

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Section 11 — Sitting members

Section 17 — Amendment of section 13, Act 43 of 1950

Section 19 — Amendment of the Constitution (Scheduled Castes) (Part C States) Order, 1951

Section 20 — Amendment of section 9, Act 81 of 1952

Section 21 — Construction of Act 43 of 1950

Section 22 — Electoral rolls of constituencies

Section 23 — Power of Delimitation Commission to revise its orders

(2) The Delimitation of Parliamentary Constituencies (Part C States) Order, 1951, shall, until other provision is made by law, have effect subject to the amendments made in the First Schedule. Rep. by the Adaptation of Laws (No.3) Order, 1956. Rep., ibid., 14. [Assembly constituencies of the new State and their delimitation.]. Amendment of the Constitution (Scheduled Castes) (Part C States) Order, 1951.—The Constitution (Scheduled Castes) (Part C States) Order, 1951, shall be amended as shown in the Second Schedule. Electoral rolls of constituencies.—(1) The electoral rolls of the constituencies of the existing States shall, on and from the commencement of this Act, be deemed to be the electoral rolls of the constituencies of the same name in the new State and shall continue in force until such rolls are revised, or fresh rolls are prepared, in accordance with law. The words, letters and figures “and the Government of Part C States Act, 1951” omitted by the A.

Legislative Assembly of the new State to territorial constituencies and delimitation thereof in

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Section 24 — [Rules of procedure of the Legislative Assembly of the new State

Section 25 — Court of the Judicial Commissioner for the new State

Legislative Assembly of the new State to territorial constituencies and delimitation thereof in accordance with the provisions of sub-section (2) of section 8 of the Delimitation Commission Act, 1952 (81 of 1952), it shall be lawful for the Delimitation Commission, notwithstanding anything contained in that Act, to Amend, vary or rescind any of its final orders published under section 9 of that Act in so far as any such order relates to any or both of the existing States. 24. [Rules of procedure of the Legislative Assembly of the new State.] Rep. by the Adaptation of laws (No. Court of the Judicial Commissioner for the new State.—As from the commencement of this Act,— (a) the Courts of the Judicial Commissioner for the existing States (hereafter in this Part referred to as “the existing Courts”) shall be amalgamated and shall constitute the Court of the Judicial Commissioner for the new State (hereafter in this Part referred to as “the new Court”); (b) the Judicial Commissioner and the Additional Judicial Commissioner, if any, for the existing State of Himachal Pradesh shall be respectively the Judicial Commissioner and the Additional Judicial Commissioner for the new State; (c) every person who immediately before the commencement of this Act, is an officer or servant of either of the existing Courts shall be an officer or servant, as the case may be, of the new Court deemed to have been appointed on the same terms and conditions of service (or on terms and conditions as similar thereto as the changes effected by this Act permit) as were applicable to him immediately before such commencement: Provided that nothing in this clause shall be deemed to prevent the new Court from altering the designation or the duties of any office or post; (d) the new Court shall have all such original, appellate and other jurisdiction as under any law is exercisable immediately before the commencement of this Act by either of the existing Courts in respect of any area forming part of the new State; (e) the new Court shall have the same powers to admit, suspend and remove advocates, vakils and pleaders and to make rules with respect to advocates, vakils and pleaders in the whole of the new State as are immediately before the commencement of this Act, exercisable by either of the existing Courts: Provided that subject to any rules made by the new Court in exercise of the powers conferred by this clause, any person who immediately before the commencement of this Act is an advocate, vakil or pleader entitled to practise in either of the existing Courts shall be recognised as an advocate, vakil or pleader entitled to practise in the new Court; (f) subject to the provisions of this Part, the law in force immediately before the commencement of this Act with respect to the practice and procedure in the Court of the Judicial Commissioner for the existing State of Himachal Pradesh shall, until varied or altered by a competent authority, apply in relation to the new Court with such modifications as may be made by that Court; (g) the Judicial Commissioners’ Courts (Declaration as High Courts) Act, 1950 (15 of 1950) shall apply to the new Court as if the new Court were in existence at the commencement of that Act; and any other law in force immediately before the commencement of this Act relating to 8

appeals to the Supreme Court from the Court of the Judicial Commissioner for the existing State

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Section 26 — Subordinate Courts

Section 27 — Existing authorities and officers to continue to function in the new State

Section 28 — Existing laws to continue

Section 29 — Power to construe laws

Section 30 — Existing taxes to continue

Section 31 — Saving of the powers of the Central Government in relation to the Bhakra-Nangal Project

appeals to the Supreme Court from the Court of the Judicial Commissioner for the existing State of Himachal Pradesh shall, with necessary modifications, apply in relation to the new Court; (h) all proceedings which immediately before the commencement of this Act are pending in either of the existing Courts shall by virtue of this Act stand transferred to the new Court and shall be continued as if they had been proceedings instituted in that Court; (i) any order made by either of the existing Courts in any such proceedings as aforesaid shall for all purposes have effect, not only as an order of that Court, but also as an order made by the new Court; (j) references in any law to either of the existing Courts by whatever name, shall, unless the context otherwise requires, be construed as references to the new Court. Subordinate Courts.—All Courts which immediately before the commencement of this Act were exercising lawful powers, authority and jurisdiction under the superintendence and control of either of the existing Courts in any area forming part of the new State shall, until further provision is made by a competent legislature or authority, continue to exercise their respective powers, authority and jurisdiction in that area under the superintendence and control of the new Court. Existing authorities and officers to continue to function in the new State.—Save as otherwise provided in this Act, all authorities and all officers, judicial, executive and ministerial, who immediately before the commencement of this Act were exercising lawful functions in any area forming part of the new State, shall, until further provision is made by a competent authority, continue to exercise their respective functions as far as may be, in the same manner and to the same extent as they were doing before such commencement. Existing laws to continue.—Save as otherwise provided in this Act, all the law in force immediately before the commencement of this Act in any area forming part of the new State shall continue to be in force until repealed or amended by a competent legislature or authority. Power to construe laws.—For the purpose of facilitating the application in relation to the new State of any law made before the commencement of this Act, any Court, tribunal or authority may, subject to any express provision of this Act, construe the law with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the Court, tribunal or authority, as the case may be. Existing taxes to continue.—All taxes, duties, cesses and fees which immediately before the commencement of this Act were being lawfully levied in either of the existing States or any part thereof, shall continue to be levied in the same manner and to the same extent and to be applied for the same purposes until other provision is made by a competent legislature or authority.

32. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of

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Section 32 — Power to remove difficulties

Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the President may make such orders not inconsistent with the said provisions, as appears to him to be necessary or expedient for the purpose of removing the difficulty: Provided that no such power shall be exercised by the President after the expiry of one year from the commencement of this Act.

THE FIRST SCHEDULE

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THE FIRST SCHEDULE (See section 10) MODIFICATIONS IN THE DELIMITATION OF PARLIAMENTARY CONSTITUENCIES (PART C STATES) ORDER, 1951 1. In paragraph 2, omit the words “Bilaspur and”. In Table IV, after the entry relating to Chamba-Sirmur constituency, insert the following entry, namely:— “Bilaspur Bilaspur 1 ” 11

THE SECOND SCHEDULE

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THE SECOND SCHEDULE (See section 19) Amendment of the Constitution (Scheduled Castes) (Part C States) Order, 1951 1. In paragraph 2, for “Parts I to X” substitute “Parts I to IX”. For paragraph 4, substitute the following, namely:— “4, Any reference in the Schedule to this Order,— (a) to the State of Himachal Pradesh or to a district or other territorial division thereof shall be construed as a reference to the State of Himachal Pradesh as formed by the Himachal Pradesh and Bilaspur (New State) Act, 1954, or to a district or other territorial division of that State as so formed; and (b) to any other State or to a district or other territorial division thereof shall be construed as a reference to that State or to that district or other territorial division as constituted on the 26th day of January, 1950.” 3. In the Schedule,— (a) omit Part III relating to Bilaspur; (b) renumber “Parts IV to X” as “Parts III to IX” respectively; (c) in Part V as so renumbered relating to Himachal Pradesh, insert the following, namely:— “31.

STATEMENT OF OBJECTS AND REASONS

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STATEMENT OF OBJECTS AND REASONS Bilaspur is the smallest of Part C States. It has an area of 453 square miles, a population of 126, 099 and an annual revenue of about Rs. I was one of the Punjab Hills States which should normally have been integrated in Himachal Pradesh but in view of the location of the Bhakra Dam in the State it was kept as a separate Part C State. Bilaspur is geographically contiguous to Himachal Pradesh and the people of Bilaspur and Himachal Pradesh have cultural affinities. It has accordingly been decided that it is no longer necessary to continue Bilaspur as a separate States with all the paraphernalia of a separate administration and that it should be merged in Himachal Pradesh without prejudice to the arrangements that may be devised by the central Government for the future administration of the Bhakra-Nangal Project. The Bill seeks to carry out the decision and also makes provision for matters consequential to the merger.