 the acquired territories (merger) bill, 1960(as introduced in lok sabra) -  ~ilie acquired territories (merger) bill, 1960 (as introduced in lok sabha)a bill to provide for the merger into the states of assam, punjab and west bengal of certain territories acquired in pursuance of the agree ments entered into between the governments of india and pakistan and fot matter& connected therewith be it enacted by parliament in the eleventh year of the republic of india as follows:-1 this act may be called the acquired territories (merger) act, shert title 1960 5 2 in this act, unless the context otherwi~e require5,-eflnitio - (a) "acquired territories" mean so much of the territories comprised in the indo-pakistan agreements and referred to in the first schedule as are demarcated for the purpose of being acquired by india in pursuance of the said agreements; 10 (b) "appointed day" means such date as the central government may, by notification in the official gazette, appoint for the merger of the acquired territories under section 3, after clausing the territories to be so acquired demarcated for the purpose, and different dates may be appointed for the merger of such is territories into different states; (c) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the 43 of 1950 representation of the people act, 1950; 54 m of law-i  (d) "indo-pakistan agreements" mean the agreements dated the 10th day of september, 1958, the 23rd day of october, 1959 and the 11th day of january, 1960 entered into between the governments of india and pakistan, the relevant extracts of which are set out in the second schedule; s (e) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrumont having the force of law in the whole or in any part of the acquired territory; (f) "sitting member", in relation to either house of parlia- 10 ment or of the legislature of a state, means a person who, immediately before the appointed day, is a member of that house; (g) "state concerned", in relation to the acquired territories  referred to in part i, part ii and part iii of the first schedule means, respectively, the state of assam, the state of punjab and is the state of west bengal; and "state government concerned" shall be construed accordingly; j (h) "union purposes" mean the purposes of government relatable to any of the matters mentioned in list i of the seventh schedule to the constitution 20 mert'er of acqwred territories 3 (1) as from the appointed day, the acquired territories referred to in part i, part ii and part iii of the first schedule shall, respectively, be included in, and form part of, the states of assam, punjab and west bengal (2) as from the apoointed day, the state government concernpd 2s shall, by order in the official gazette, provide for the administration of the acquired territories included in that state by including them or any part of them in such di~trjct, sub-division, police station or other administrative unit as may be specified in the order amendmeat ofthe first schedule to tbe constitution 4 as from the appointed day, in the first schedule to the 30 constitution,-- (a) in the para~raph relatin~ to the territories of the state of assam, after the words "the assam tribal areas", the words, figures and brackets "and the territories referred to in part i of the first schedule to the acquired territories (merger) act, 3~ 19to" shall be inserted; 5 (b) in the paragraph relating to the territories of the state of punjab, after the words and figures "the states reorganisation act, 1956", the words, figures and brackets "and the territories referred to in part ii of the first schedule to the acquired territories (merger) act, 1960" shall be inserted; 10 (c) in the paragraph relating to the territories of the state of west bt>ngal, after the words, brackets and figures "the bihar iqild west bengal (transfer of territories) act, 1958", the words, figures and brackets "and the territories referred to in part iii of the first schedule to the acquired territories (merger) act, 1960" shall be inserted 5 as from the appointed day,-constructiea (a) any reference in the delimitation of parliamentary and ~! :i-:'ca assembly constituencies order, 1956-c~nstitucll-clet 15 (i) to the state of assam or punjab or west bengal, sooll be construed as including that part of the acquired territory which is included in that state; (ii) to any district sub-division, police station or other administrative unit, shall be construed as including that part of tho> acquired territory, if any, which is included in that district, sub-division, police station or other administrative unit, by order made under sub-section (2) of section 3; (b) any reference in the delimitation of council constituencies (punjab) order, 1951-(i) to the state of punjab, shall be construed as including that part of the acquired territory which is included in that state; 30 (ii) to any district, shall be construed as includin~ that part of the acquired territory if any, which is included in that district, by order made under sub-section (2) of section 3; (c) any reference in the delimitation of council constituencies (west bengal) order, 1951-35 (i) to the state of west bengal, shall be construed at! including that part of the acquired territory which is included in that state; (ii) to any division or district, shall be construed at! including the acquired territory, if any, which is included in that division or district by order j1li8de under sub-section (2) of section 3   provision a~ to sitting members6 (1) every sitting member of the house of people representing any parliamentary constituency the extent of which has been altered by virtue of the provisions of this act shall, notwithstanding such alteration, be deemed to have been elected as from the appointed day to that house by that constituency as so altered (2) every sitting member of the legislative assembly of the state of assam or punjab or west bengal representing any assembly constituency the extent of which has been altered by virtue of the provisions of this act shall, notwithstanding such alteration, be deemed to have been elected as from the appointe4 day to the said legis- 10 lative assembly by that constitue-ncy as so altered (3) every sitting member of the legislative council of punjab or west bengal representing any council constituency the extent of which has been altered by virtu~ of the provisions of this act, shall, notwithstanding such alteration, be deemed to have been elected as is from the appointed dey to the said legislative council by that constituency as so altered properly and 7 (1) all property and assets within the acquired territories lssets which, immediately befare the appointed day, are vested in pakistan or in the province of east pakistan or the province of west pakis- 20 tan shall, as from that day,-(a) where such property and assets are relatable to union purposes, vest in the union; (b) in any other case, vest in the state concerned in which the acquired territories 'are included 25 (2) a certificate of the c(mtral government signed by a secretary to that government shall be conclusive as to whether the purposes for which any property or assets are held, immediately b"fore the appointed day, are union purposes appropriation 8 (1) as from the appointed day, any act passed by the legis- 30 of moneys lature of the state of assam or punjab or west bengal before that for expenditure in day for the appropriation of any moneys out of the consolidated acquiref fund of that state to meet any expenditure in respect of any part of te  rito~ies the financial year 1960-61, sooll have effect also in relation to the acquired territories included in that state and it shall be lawful for 35 the state government concerned to spend any amount in respect of thos::, territories out of the amount authorised by such act to be expenditure for any service in that state (2) the governor of the state concerned may, after the appointed day, authorise such expenditure from the consolidated fund of that state as he deems necessary for any purpose or service in the acquired territories included in that state for a period of not more s than three months beginning with the appointed day pending the sanction of such expenditure by the legislature of thot state 9, all laws in force in the acquired territories immediately before extension of the appointed day shall, as from that day, cease to be in force in laws those territories and all laws in force generally in the state con-10 cerned in which the ocquired territories are included shall, as from that day, extend to, or as the case may be, come into force in those territories: provided that anything done or any action taken before the appointed day under any law in force in the acquired territories is shall be deemed to have been done or taken, as from the appointed day, under the corresponding  aw extended to, and in force in, those territories 10 the state government concerned, as respects tne acquired po\\er :0 territories included in that state, may, by notification in the official nham~ ~u-fi t orltles or 20 gazette, specify the authority, officer or person who, on or after the exerci~ing appointed day, shall be competent to exercise such functions, exer- sfuntatctutpry  ions cisable under any law in force on that day in those territories, as may be mentioned in that notification and such law shall have effect accordingly i 2s 11 (1) if any difficulty arises in relation to the transition from power to any corresponding law to any law which by virtue of section 9 shall, r~move, f th ' t ddt d  f  h difficulties as rom e appom e ay, ex en to, or come mto orce m,' t e acquired territories, the central government may, by order notified in the official gazette, make such provisions as appear to it to be 30 necessary or expedient for removing the difficulty (2) if any difficulty arises in giving effect to the provisions of this act (otherwise than in relation to the transition from any corresponding law) or in connection with the administration of the acquired territories as a part of the state in which they are included, 35 the state government concerned may, by order in the official gazette, make such provisions not inconsistent with the purposes of this act, as appear ,to it to be necessary or expedient for removing the difficulty (3) no power under sub-section (1) or sub-section (2) shall be 40 exercised by the central government or, as the case may be, the state government after the expiry of three years from the appointed day i (4) any order made under ilub-section (1) or lub-section (2) may be 10 made al to be retrospective to any date not earlier than the appointed day i -  the first schedule[see sections 2(a), 2 (g), 3 and 4] s  part ithe acquired territory in relation to item (7) of paragraph 2 of the aireement dated the 10th day of september, 1958  part iithe acquired territory in relation to item (ii) and item (iii) of 10 paraeraph 1 of the agreement dated the 11th day of january, 1960  part iiithe acquired territory in relation to item (5) and item (10) of paragraph 2 of the agreement dated the 10th day of september, 1958 and paraaraph 4 of the agreement dated the 23rd day of october, is 1951t l   the second schedule[see section 2 (d)] 30 1 extltacti nom thi! note containing the agreement dated tile 10th day of september, 1958 - - - - -  2 a a result of the discussions, the followine agreement were arrived at:-\ i - - - - - (i) ~ pgtggfujl-khulna} b d d' t 24 p __ ft r - oun ary lspu es i gtgal~e"ore it is agreed that the mean of the two respective claima of india and pakistan should be adopted, taking the river as a guide, as far as possible, in the case of the latter dispute (ichhamati river) i i 30 - - - - - (7) piyain and surma river regions to be demarcated in accordance with the relevant notifications, cadastral survey map and, if necessary, record of rights whatever the result of this demarcation might be, the nationals of both the governments to have the facility of navigation on both these rivers - - - - - s - - - (10) exchange of old cooch behar enclaves in pakistan and pakistan enclaves in india without claim to compensation for extra area going to pakistan, is agreed to - - signed (m j desai) signed (m s a baig) foreign secretary, commonwealth seet'etary 10 ministry of foreign affair and ministry of external affairs, commonwealth relatiom, government of india government of pakistan new delhi, september 10, 1958 15 2 extracts from the agreement entitled "agreed decisions and procedurl!'s to end disputes and incidents along the indo-east pakistan border areas", dated the 23rd day oj' 0ct0bbb, 1959 - - - - - 4 west bengal-east pakistan boundary 20 over 1,200 miles of this boundary have already been demarcated as regards the boundary between west bengal and east pakistan in the areas of mahananda, burung ildd karatoa rivers, it was agreed that demarcation w ii be made in accordance with the latest cadastral survey maps supported by relevant noti1l-~s eations and record of i'1ahta - - - - (sci) (j g kharas) (sd) (m j desai) acting foreign secretary, commonwealth secretary, miniltry of foreign affairs & ministry of external affairs, n~ delhi commonwealth relations, karachi new dam, october 23, 1959 m m of law-2  3 extracts from the agreement entitled «agreed decisions and pro- cedubes to end displjtes and incidents along the indo-west pakistan border areas", dated the 11th day of' january, 1960 - • - • •"i west pakistan-punjab border-of the total of 325 miles of the s border in this sector, demarcation has been completed along about 252 miles about 73 miles of the border has not yet been demarcated due to differences between the governments of india and pa~stan regarding interpretation of the decision and award of the punjab boundary commission presented by sir cyril radcliffe as chairman 10 of the commission these differences have been settled along the lines given below in a spirit of accommodation: - - - - - (ii) chak ladheke (amritsar-lahore border) -the governments of india and pakistan agree that the delineation of the is boundary will be as shown in the map of the kasur tehsil by sir cyril radcliffe and chak ladheke will in consequence fall within the territorial jurisdiction of the government of india (iii) ferozepur (lahore-ferozepurborder) -the govern~ ments of india and pakistan agree that the west pakistan-punjab 20 (india) boundary in this region is along the district boundaries of these districts and not along the actual course of the river sutlej - - - - - (sd) m j desai, commonwealth secretary ministry of external affairs, government of india (sd) j g kharas, joint secretary, 25 ministry of foreign affairs and commonwealth relations, government of pakistan new delhi; january 11 1960  statement of objects and reasonsagreements between the governments of india and pakistan dated 10th september, 1958, 23rd october, 1959, and 11th january, 1960, settled certain boundary disputes between the gov'ernmenta of india and pakistan relating, inter azia, to the borders of the states of assam, punjab and west bengal according to these agreements, certain territories are to be transferred to india from pakistan after demarcation the bill seeks to provide for the merger into the states of assam, punjab and west bengal the territories acquired in pursuance of these agreements and makes the necessary supplemental and incidental provisions relating to representation in parliament and in the state legislatures, the vesting of property and assets and other mattera   _  _    as required by the proviso to article 8 of tbe constitur,ion, this bil! was referred by the president to the leais1atures of the states of assam, pulljab and west bengal for expressina their views there' on within a stated period and the peripd so specified or ahowed bas expired      new delhi;                                     jawaiiarlal nehru the 16m deoember, 1960  financial memorandumthe bill may involve some expenditure from the consolidated fund of india on account of demarcation of boundaries between india and pakistan the demarcation, however, will be carried out by the existing officers of the government the amount of such expenditure is not likely to be substantiaj and it is not possible to give any exact figure of the amount involved at this stage  •-  •-  - first schedule[articles 1 and f) - - - -  i the states •ntjfm 2 assam - the territories which immediately before the commencement of this constitution were comprised in the province of assam, the khasi states and the assam tribal areas, but excluding the territories specified in tpe schedule t6 the assam (alteration of boundaries) act, 1951 - - - - 11 punjab - the territories specifted in section 11 of the states reorganisation act 1956 - - - - 14 west bengal the territories which immediately before the commencement of this constitution were either comprised in the province of west bengal or were being administered as if they fbrmed part of that province and the territory of cbandernagore as defined in clause (c) of section 2 of the chandernagore (merger) act, 1954 and also the territories specified in sub-section (1) of section 3 of the bihar and west bengal (transfer of territories) act, 1956  - - - - -  a blllto provide for the merger into the states of asslill, punjab and west bengal of certain territories acquired in pursuance of thi~ agreements entered into b~twecn the governments of india and pakistan and for matters connected therewith the president has, in  pursuance of article 3 and clause (3) of article 117 of the constitution of india, recommendl!d to lok sabha the introduction and consideration of the bill m n kaul, secretary (shrijardaharlal nehru, minister of external affairs) 