The State of Himachal Pradesh Act, 1970
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 41 Provisions relating to other services. 1 docs
(1) Every person who immediately before the appointed day is serving in connection with the affairs of the Union under the administrative control of the Administrator of the Union territory of Himachal Pradesh shall, unless otherwise directed by an order of the Central Government, be deemed to have been allocated for service as from that day in connection with the affairs of the State of Himachal Pradesh:
Provided that no directions shall be issued under this section after the expiry of a period of one year from the appointed day:
Provided further that nothing in this section shall affect the operation of section 82 of the Punjab Reorganisation Act, 1966 (31 of 1966).
(2) The provisions of this section shall not apply in relation to persons to whom the provisions of sections 39 and 40 apply.
Provided that no directions shall be issued under this section after the expiry of a period of one year from the appointed day:
Provided further that nothing in this section shall affect the operation of section 82 of the Punjab Reorganisation Act, 1966 (31 of 1966).
(2) The provisions of this section shall not apply in relation to persons to whom the provisions of sections 39 and 40 apply.
Section 42 Other provisions as to services.
(1) Nothing in this section or sections 40 and 41 shall be deemed to affect on or after the appointed day the operations of the provisions of Chapter I of Part XIV of the Constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the State of Himachal Pradesh:
Provided that the conditions of service applicable immediately before the appointed day in the case of any person referred to in section 40 or section 41 shall not be varied to his disadvantage except with the previous approval of the Central Government.
(2) All services prior to the appointed day rendered by a person allocated under section 40 or deemed to have been allocated under section 41 in connection with the administration of Union territory of Himachal Pradesh, shall be deemed to have been rendered in connection with the affairs of the State of Himachal Pradesh for the purposes of the rules regulating his conditions of service.
Provided that the conditions of service applicable immediately before the appointed day in the case of any person referred to in section 40 or section 41 shall not be varied to his disadvantage except with the previous approval of the Central Government.
(2) All services prior to the appointed day rendered by a person allocated under section 40 or deemed to have been allocated under section 41 in connection with the administration of Union territory of Himachal Pradesh, shall be deemed to have been rendered in connection with the affairs of the State of Himachal Pradesh for the purposes of the rules regulating his conditions of service.
Section 43 Provisions as to continuance of officers in same posts.
Every person who immediately before the appointed day is holding or discharging the duties of any post or office in connection with the administration of the Union territory of Himachal Pradesh, shall continue to hold the same post or office in the State of Himachal Pradesh and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or other appropriate authority in, the State of Himachal Pradesh;
Provided that nothing in this section shall be deemed to prevent a competent authority on or after the appointed day from passing in relation to such person any order affecting his continuance in such post or office.
Provided that nothing in this section shall be deemed to prevent a competent authority on or after the appointed day from passing in relation to such person any order affecting his continuance in such post or office.
Section 44 Advisory Committees.
The Central Government may, by order establish one or more advisory committees for the purpose of assisting it in regard to—
(a) the discharge of its functions under this Part; and
(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this Part and the proper consideration of any representations made by such persons.
(a) the discharge of its functions under this Part; and
(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this Part and the proper consideration of any representations made by such persons.
Section 45 Power of Central Government to give directions.
The Central Government may give such directions to the Government of the State of Himachal Pradesh as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and also the provisions of Part IX of the Punjab Reorganisation Act, 1966 (31 of 1966), and the State Government shall comply with such directions.
Section 46 Amendment of article 210 and article 239A.
On and from the appointed day—
(a) in article 210, in clause (2), the following proviso shall be inserted at the end, namely;—
"Provided that in relation to the Legislature of the State of Himachal Pradesh this clause shall have effect as if for the words "fifteen years" occurring therein, the words "twenty-five years" were substituted.";
(b) in article 239A, in clause (1), the words "Himachal Pradesh" shall be omitted.
(a) in article 210, in clause (2), the following proviso shall be inserted at the end, namely;—
"Provided that in relation to the Legislature of the State of Himachal Pradesh this clause shall have effect as if for the words "fifteen years" occurring therein, the words "twenty-five years" were substituted.";
(b) in article 239A, in clause (1), the words "Himachal Pradesh" shall be omitted.
Section 47 Amendment of Act 37 of 1956.
On and from the appointed day, in clause (a) of section 15 of the States Reorganisation Act, 1956,—
(i) for the word "Punjab", the words "Punjab, Himachal Pradesh" shall be substituted;
(ii) for the words "Himachal Pradesh and Chandigarh", the words "and Chandigarh" shall be substituted.
(i) for the word "Punjab", the words "Punjab, Himachal Pradesh" shall be substituted;
(ii) for the words "Himachal Pradesh and Chandigarh", the words "and Chandigarh" shall be substituted.
Section 48 Amendment of Act 20 of 1963.
On and from the appointed day, in the Government of Union Territories Act, 1963, in clause (b) of sub-section (1) of section 2 and in sub-section (2) of section 44, the words "Himachal Pradesh" shall be omitted.
Section 49 Continuance of existing laws and their adaptation.
(1) All laws in force, immediately before the appointed day, in the existing Union territory of Himachal Pradesh shall continue to be in force in the State of Himachal Pradesh until altered, repealed or amended by a competent Legislature or other competent authority.
(2) For the purpose of facilitating the application in relation to the State of Himachal Pradesh of any law made before the appointed day, the appropriate Government may, within two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.
Explanation.—In this section, the expression "appropriate Government" means, as respects any law relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central Government; and as respects any other law, the Government of the State of Himachal Pradesh.
(2) For the purpose of facilitating the application in relation to the State of Himachal Pradesh of any law made before the appointed day, the appropriate Government may, within two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.
Explanation.—In this section, the expression "appropriate Government" means, as respects any law relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central Government; and as respects any other law, the Government of the State of Himachal Pradesh.
Section 50 Power to construe laws.
Notwithstanding that no provision or insufficient provision has been made under section 49 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the State of Himachal Pradesh, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be.
Section 51 Provisions as to continuance of courts, etc.
All courts and tribunals and all authorities discharging lawful functions throughout the existing Union territory of Himachal Pradesh or any part thereof immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of this Act or until other provision is made by a competent Legislature or other competent authority, continue to exercise their respective functions.
Section 52 Effect of provisions of Act inconsistent with other laws.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.
Section 53 Power to remove difficulties. 1 docs
(1) If any difficulty arises in giving effect to the provisions of this Act, the President may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty.
(2) Every order made under this section shall be laid before each House of Parliament.
(2) Every order made under this section shall be laid before each House of Parliament.
Section 54 Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.
(2) Every rule made under this section shall be laid as soon as may be after it is made before such House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 1[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) Every rule made under this section shall be laid as soon as may be after it is made before such House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 1[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1. Subs. by Act 4 of 1986, s. 2 and the Schedule, for "in two successive sessions, and if, before the expiry of the sessions in which it is so laid or the session immediately following" (w.e.f. 5-5-1986).