Indian
Independence
Act, 1947.
ro
& ii
GEO. 6.
CH.
30.
ARRANGEMENT
OF SECTIONS.
Section.
i. The new Dominions.
2.
Territories
of the
new Dominions.
3. Bengal and
Assam.
4. The Punjab.
5. The Governor-General
of
the new
Dominions.
6.
Legislation
for the
new
Dominions.
7. Consequences
of
the
setting
up of the new
Dominions.
8. Temporary
provision
as to government
of each of the new
Dominions.
9.- Orders
for
bringing
this
Act into
force.
ro.
Secretary
of State's
services,
etc.
ii.
Indian
armed
forces.
12.
British
forces
in
India.
13. Naval
forces.
14.
Provisions
as to
the
Secretary
of State
and
the
Auditor
of
Indian
Home
Accounts.
15.
Legal
proceedings
by
and against
the Secretary of State.
16.
Aden.
17.
Divorce jurisdiction.
18.
Provisions
as
to
existing
laws,
etc.
ig. Interpretation,
etc.
20.
Short
title.
SCHEDULES:
First
Schedule-Bengal
Districts
provisionally
included
in the
new
Province
of East
Bengal.
Second
Schedule-Districts
provisionally included in
the
new
Province
of
West
Punjab.
Third
Schedule-Modifications
of Army
Act
and
Air
Force
Act
in
relation
to
British
forces.
i
io
& ii
GEO.
6.
Indian
Independence
CH.
30.
Act, 1947-
CHAPTER
30..
An
Act to
make
provision for
the
setting
up in
India of
two
independent
Dominions,
to substitute other
provisions
for
certain
provisions
of the
Government
of India
Act,
1935,
which
apply outside those
Dominions,
and
to
provide
for,
other matters consequential
on
or
connected
with
the
setting
up
of
those
Dominions.
-
.T
J18th
July
1947.1
B
E it enacted
by the
King's most
Excellent Majesty,
by and
with
the advice
and consent of the
Lords Spiritual
and
Temporal,
and Commons, in
this
present
Parliament assembled,
and by
the authority of the
same, as
follows
:-
1.-(i)
As from the fifteenth
day of August,
nineteen
hundred The new
and
forty-seven,
two
independent Dominions
shall
be set up in
Dominions.
India,
to be
known
respectively as
India
and Pakistan.
(2) The said Dominions
are
hereafter
in
this Act
referred
to as
the
new
Dominions
", and the said
fifteenth
day
of August
is hereafter in
this Act referred to as " the appointed day ".
2.-(1)
Subject to the provisions of subsections (3)
and
(4)
Territories
of
of this section,
the
territories of India shall be the territories under
the new
the
sovereignty of His Majesty which, immediately before
the
Dominions.
appointed day, were
.
included
in British India except
the terri-
tories
which,
under subsection
.(2)
of this section, are
to be the
territories
of
Pakistan.
(2)
Subject
to the provisions
of subsections (3)
and
(4)
of this
section, the territories of
Pakistan
shall
be-
(a) the territories which,
on
the appointed day, are included
in
the Provinces
ofEast
Bengal and
West
Punjab,
as constituted
under the two
following
sections ;
A2
1
CH.
30.
Indian
Independence
io
& it
GEO.
6.
Act,
1947.
(b) the territories
which,
at
the
date of the
passing
of this
Act, are included
in
the
Province
of Sind
and
the Chief
Commissioner's
Province
of
British Baluchistan
;
and
(c) if, whether before
or
after
the
passing of this
Act
but
before the appointed
day,
the Governor-General
declares
that the majority
of
the
valid
votes cast
in the referen-
dum which, at the
date
of the
passing
of this Act,
is
being or has
recently
been
held
in that
behalf under his
authority
in the North
West
Frontier
Province
are
in
favour of representatives
of
that
Province
taking
part
in
the Constituent
Assembly
of Pakistan,
the
territories
which, at
the date
of
the passing
of
this Act,
are
included
in
that
Province.
(3) Nothing
in this
section
shall prevent any
area
being
at
any
time included
in or excluded
from either of
the new Dominions,
so,
however, that-
(a) no
area
not forming
part of
the
territories
specified
in
subsection
(1) or, as the
case
may be,
subsection
(2),
of
this section
shall
be included
in either
Dominion
without
the consent
of that Dominion;
and
(b) nt.. area which
forms part
of
the territories specified
in
the said subsection
(1) or, as the
case may
be, the
said
subsection
(2), or which
has after
the appointed
day
been included
in either
Dominion,
shall be excluded
from
that Dominion without
the consent
of that
Dominion.
(4) Without
prejudice to
the generality
of the provisions of
subsection
(3) of this
section, nothing
in this section
shall be
constzued
as
preventing
the accession
of Indian States
to either
of the
new Dominions.
Bengal and
3.-(1)
As
from
the appointed
day-
Assam.
(a)
the
Province
of
Bengal, as constituted under the Govern-
26
Geo.
5
&
ment of
India Act, 1935, shall cease to exist
;
and
r Edw.
8.
C.
2.
(b)
there shall
be
constituted
in lieu thereof
two
new
Provinces,
to be known respectively
as East Bengal
and
West
Bengal.
(2)
If,
whether
before or after the passing
of this Act,
but
before
the
appointed
day, the Governor-General
declares that
the
majority
of the
valid votes cast in the referendum
which, at
the
date of the passing
of this
Act, is being
or
has
recently been
held
in that behalf under
his
authority
in the District of Sylhet
are in favour of
that
District
forming part of the
new Province
of East
Bengal,
then, as
from that day, a part
of
the
Province of
Assam
shall,
in
accordance with the provisions
of
subsection (3)
of this section,
form
part of the
new Province
of East Bengal.
2
io
& ii
GEO.
6.
Indian
Independence
CH.
30.
Act,
1947.
(3) The
boundaries
of
the new
Provinces
aforesaid
and,
in
the
event
mentioned
in
subsection
(2)
of this
section, the
boundaries
after
the
appointed
day
of the
Province
of
Assam, shall be
such
as
may
be
determined,
whether before
or after the appointed
day,
by
the
award of
a boundary commission
appointed or
to
be
appointed
by the Governor-General
in
that behalf, but until
the
boundaries
are so determined-
(a)
the Bengal Districts
specified
in the First Schedule
to
this
Act,
together
with,
in the event
mentioned
in
subsection (2)
of
this= section,
the Assam District
of
Sylhet,
shall be treated
as the territories
which are to
be
comprised
in the
new Province
of East Bengal
;
(b) the
remainder.of
the. territories
comprised at the date
of
the
passing
of this Act in the
Province of
Bengal shall
be treated
as the territories which
are to
be comprised
in the
new Province of West
Bengal ; and
(c) in the
event mentioned
in
subsection
(2)
of this
section,
the
District of Sylhet shall
be excluded
from
the
Province of Assam.
(4) In
this
section, the
expression "
award "
means,
in relation
to
a boundary commission,
the decisions
of the
chairman
of that
commission contained
in
his report to the
GovernorGeneral
at
the conclusion
of the commission's
proceedings.
4.-(1) As
from the appointed
day-
The Punjab.
(a) the
Province of the
Punjab,
as constituted
under
the
Government
of
India Act,
1935, shall
cease to
exist ; and
(b) there
shall
be constituted
two
new Provinces,
to
be
known
respectively as
West
Punjab
and East Punjab.
(2) The
boundaries
of the said
new Provinces shall
be such as
may be determined,
whether
before or after the
appointed
day,
by the award
of a
boundary commission
appointed or
to
be
appointed
by the
Governor-General
in
that behalf,
but until
the
boundaries
are so
determined-
(a)
the
Districts specified
in the Second
Schedule
to this
Act
shall
be treated
as the territories
to be comprised
in the
new Province
of West
Punjab
; and
(b) the
remainder
of the
territories
comprised
at the date
of
the
passing
of
this
Act
in
the Province
of the Punjab
shall
be treated
as
the territories
which
are to be
com-
prised
in the
new
Province
of
East Punjab.
(3) In this
section,
the expression
"
award," means,
in
relation
to a
boundary
commission,
the decisions
of the
chairman of
that
commission
contained
in his
report to the Governor-General
at
the
conclusion
of
the
commission's
proceedings.
5.
For each
of the
new
Dominions, there shall
be a Governor- The Governor-
General
who
shall
be appointee
by His
Majesty and shall
represent
General of
His
Majesty
for the purposes-of
the government
of the
Dominion
;
the new
Dominions.
A3 3
CH. 30.
Indian Independence
io & ii
GEO.
6.
Act,
1947.
Legislation
for the
new
Dominions>
Consequences
of
the
setting
up of
the
new
Dominions.
Provided that, unless
and until
provision to
the
contrary is
made by
a
law of the Legislature
of either
of the new
Dominions,
the
same person may be
Governor-General
of
both the new
Dominions.
6.-(1) The Legislature of
each
of the
new
Dominions shall
have
full
power
to make
laws for
that
Dominion,
including
laws
having
extra-territorial operation.
(2)
No law and no
provision
of any
law
made
by
the Legisla-
ture of either
of the
new
Dominions shall
be void
or inoperative
on the
ground
that
it is repugnant
to
the
law of
England,
or
to
the provisions of this or any'existing
or
future Act
of
Parliament
of the
United
Kingdom,
or to any order, rule or
regulation
made
under any such Act, and the powers
of the
Legislature of each
Dominion include
the
power
to
repeal
or
amend
any such
Act,
order, rule or
regulation
in
so
far as it is
part of the
law
of the
Dominion.
(3) The
Governor-General
of
each
of
the
new
Dominions
shall
have full power
to assent in His
Majesty's
name
to
any law
of the
Legislature of that Dominion and
so
much of any Act
as
relates to the disallowance of laws by His Majesty or the
reserva-
tion of laws
for
the signification of His Majesty's pleasure thereon
or
the suspension of the operation of
laws
until the
signification
of His
Majesty's pleasure thereon
shall not,
apply
to laws of
the
Legislature
of
either of the new Dominions.
(4) No Act of
Parliament
of
the
United Kingdom
passed
on or
after the appointed day shall extend, or be deemed to extend, to
either
of the new Dominions
as
part
of the
law
of that Dominion
unless
it is extended thereto by a law of the Legislature of the
Dominion.
(5) No Order
in
Council
made
on or after the appointed day
under
any
Act passed before
the
appointed
day, and
no order,
rule or other instrument made
on
or after the appointed
day
under
any such
Act
by any United Kingdom Minister or other
authority, shall extend,
or
be deemed to extend, to either of the
new
Dominions as part
of
the
law
of
that Dominion.
(6)
The power referred
to
in
subsection
(i)
of this section
extends to
the making
of
laws limiting for the future
the
powers
of the
Legislature of
the
Dominion.
7.--(1) As from the
appointed day-
(a) His
Majesty's Government
in
the United
Kingdom have
no
responsibility
as
respects
the
government of any
of
the
territories
which, immediately
before
that day,
were
included
in
British India
;
(b) the
suzerainty
of His Majesty
over the Indian States
lapses,
and with it, all treaties
and agreements in
force
at
the date
of the passing of
this Act between
His
Majesty
and
the
rulers
of
Indian States, all functions
=o
&
is
GEO.
6.
Indian
Independence
CH.
30.
Act,
1947.
exercisable
by
His
Majesty
at that date with
respect
to
Indian
States,
all obligations
of His
Majesty existing
at
that
date
towards
Indian
States or
the rulers thereof,
and
all
powers,
rights,
authority
or jurisdiction
exercisable
by His Majesty at that date in or in relation
to
Indian
States
by treaty, grant,
usage, sufferance
or
otherwise
, and
(c)
there
lapse also any treaties or agreements in
force
at
the
date of the passing of this Act between
His
Majesty
and any persons having authority
in
the tribal areas,
any obligations
of His Majesty
existing
at
that
date
to any such persons
or with respect
to the tribal
areas,
and
all
powers,
rights,
authority or jurisdiction
exercis-
able at
that date by
His Majesty in
or
in relation
to
the tribal
areas by
treaty, grant,
usage, sufferance
or
otherwise
Provided
that, notwithstanding
anything
in
paragraph
(b)
or
paragraph
(c)
of this
subsection, effect shall, as
nearly
as may be,
continue
to be
given to
the
provisions
of
any
such agreement as
is
therein referred
to
which
relate
to customs, transit and
communications,
-posts
and telegraphs, or other
like matters,
until
the provisions
in question
are
denounced by the Ruler of
the Indian
State or
person having
authority
in the
tribal areas
on the
one hand, or by
the
Dominion
or
Province or other
part
thereof
concerned on the
other
hand,
or
are superseded by
subsequent
agreements.
(2) The assent
of the
Parliament
of the United
Kingdom is
hereby
given
to the
omission from
the
Royal Style and Titles
of
the words " Indiae Imperator " and the words
" Emperor
of
India " and
to the
issue
by His Majesty for that
purpose of
His
Royal Proclamation
under
the
Great Seal of the
Realm.
8.-(1)
In the case of each of the new
Dominions, the powers
Temporary
of the Legislature
of the
Dominion
shall,
for the
purpose
of
provision
as
making
provision
as to the constitution
of the
Dominion, be
to
government
of e
exercisable
in
the
first instance by the Constituent
Assembly
newach
of the
of
that Dominion, and references
in
this
Act to the
Legislature
Dominions.
of the Dominion
shall
be
construed
accordingly.
(2)
Except
in so
far as other provision
is
made by or
in accord-
ance
with a
Jaw
made
by
the
Constituent
Assembly
of the
Dominion
under
subsection (i) of this
section,
each of the
new
Dominions and all Provinces and
other
parts thereof
shall be
governed
as
nearly
as
may be in
accordance
with
the Government
of
India
Act, 1935 ; and
the provisions of
that
Act, and of
the
Orders in Council,
rules and other instruments
made thereunder,
shall,
so
far as applicable, and
subject
to any express
provisions
of
this Act,
and
with
such,
omissions,
additions,
adaptations
and-.
modifications as may
be
specified
in orders of
the Governor-
General under the
next succeeding section,
have effect accordingly:
5
Ca.
30.
Indian
Independence
10
&
11
GEO. 6.
Act,
1947.
Orders
for
bringing
this
Act
into
force.
Provided
that-
(a) the
said provisions shall
apply separately
in relation to
each of
the
new Dominions
and
nothing
in
this sub-
section
shall
be
construed
as continuing
on or after the
appointed day any Central
Government
or Legislature
common
to both
the
new Dominions
;
(b)
nothing in
this subsection shall
be
construed
as
continuing
in
force
on or after
the appointed
day
any form of
control by
His
Majesty's
Government
in
the United
Kingdom
over
the affairs of the
new
Dominions
or of any
Province
or
other part
thereof
;
(c)
so'much of the
said provisions as requires
the Governor-
General
or any
Governor to
act
in
his
discretion
or
exercise his individual
judgment
as
respects any
matter
shall cease to have
effect as from the appointed
day ;
(d) as from
the appointed
day,
no
Provincial Bill shall
be
reserved
under the Government
of
India Act, 1935,
for
the
signification
of
His Majesty's
pleasure, and
no
Provincial
Act
shall
be
disallowed
by
His
Majesty
thereunder ;
and
(e)
the
powers
of
the
Federal Legislature or Indian Legisla-
ture
under
that Act, as in
force
in relation to each
Dominion,
shall, in the
first
instance,
be
exercisable
by -
the Constituent Assembly
of
the Dominion
in
addition
to
the powers exercisable by that Assembly
under
subsection (1)
of this section.
(3) Any provision
of
the Government of India Act, 1935, which,
as
applied
to either of the new
Dominions
by
subsection (2)
of
this section and
the orders therein referred
to, operates to
limit
the power of
the
legislature
of that
Dominion shall, unless
and
until
other
provision
is
made
by
or
in
accordance with a
law
made by the
Constituent Assembly
of the Dominion
in
accordance
with the provisions
of subsection
(1)
of
this
section, have
the
like
effect
as a law
of
the
Legislature;
of the Dominion limiting for
the
future
the
powers
of
that
Legislature.
9.-(1) The
Governor-General
shall
by
order make such pro-
vision
as appears
to him to be necessary
or expedient-
(a) for bringing
the
provisions
of
this Act into effective
operation ;
(b)
for
dividing
between
the
new
Dominions, and between the
new Provinces
to
be constituted under
this
Act,
the
powers,
rights, property,, duties
and
liabilities of
the
Governor-General
in Collcil or, as the case
may
be,
of
the relevant
Provinces
which, under
this
Act, are
to
cease
to exist ;
6
10
&
II
GEO. 6.
Indian
Independence
CH. 30.
Act,
1947.
(c)
for
making
omissions
from,
additions to,
and adaptations
and
modifications
of, the
Government
of India Act,
1935,
and
the
Orders
in Council,
rules
and other
instru-
ments
made thereunder,
in their
application to the
separate
new
Dominions
;
(d)
for removing difficulties
arising
in connection with the
transition to the
provisions
of this Act ;
(e)
for
authorising
the
carrying
on of the business of
_the
Governor-General
in
Council
between the passing of
this
Act and
the
appointed day otherwise than
in
accordance
with the
provisions
in
that
behalf of
the
Ninth Schedule
to the
Government
of India Act,
1935;
(f) for enabling agreements
to be
entered into, and other
acts done,
on
behalf
of either of the
new Dominions
before the
appointed day ;
(g) for
authorising
the
continued carrying
on for the time
being
on behalf of
the new
Dominions, or on
behalf of
any two or
more of
the said
new Provinces, of
services
and
activities previously
carried
on on behalf
of British
India
as a whole
or
on behalf
of the
former Provinces
which those
new
Provinces
represent
;
(h)
for regulating
the
monetary
system
and
any
matters
pertaining
to
the Reserve
Bank of India
;
and
(i) so far
as it
appears
necessary
or
expedient
in connection
with
any
of the
matters
aforesaid,
for varying the con-
stitution,
powers
or jurisdiction
of
any legislature, court
or other
authority
in the
new Dominions
and creating
new legislatures,
courts
or other
authorities
therein.
(2)
The
powers
conferred
by this
section
on the
Governor-
General
shall,
in relation
to their
respective
Provinces,
be
exercisable
also by
the Governors
of the
Provinces
which,
under
this
Act,
are to
cease to
exist ;
and those
powers shall,
for the
purposes
of the
Government
of
India,
Act, 1935,
be deemed to
be
matters
as respects
which
the
Governors
are,
under that
Act,
to
exercise
their
individual
judgment.
F
(3) This
section
shall
be deemed
to
have had effect
as
from the
third
day
of June,
nineteen
hundred
and
forty-seven,
and any
order of the
Governor-General
or any
Governor
made on or
after
that
date as to
any
matter
shall
have effect
accordingly,
and any
order
made under
this
section
may
be made so
as to
be retrospec-
tive
to any
date
not earlier
than
the
said third
day of
June
Provided that
no
person
shall
be deemed
to
be guilty
of an
offence'iby
reason
of so
much
of
any
such order
as
makes
any
provision thereof
retrospective
to
any date
before
the
making
thereof.
7
CH. 30.
Indian
Independence
io &
ii GEO.
6.
Act,
1947-
(4)
Any orders
made under
this
section, whether
before or
after the appointed
day, shall
have
effect-
(a) up to the appointed
day,
in
British
India
;
(b) on and
after
the
appointed
day,
in the
new Dominion or
Dominions
concerned ;
and
(c) outside British India,
or, as
the
case
may
be, outside
the
new Dominion or Dominions
concerned,
to such
extent,
whether before, on or
after
the
appointed
day,
as
a law
ui
the
Legislature
of
the
Dominion
or
Dominions
concerned would
have
on or after
the
appointed
day,
but shall,
in
the case of each of the Dominions,
be subject
to the
same powers
of repeal and amendment as
laws
of the
Legislature
of that Dominion.
(5) ' No order shall be made
under
this section,
by the Governor
of:any
Province,
after the appointed day,
or, by the Governor-
General,
after the thirty-first day of March, nineteen hundred
and
forty-eight, or such
earlier date as
may be determined, in
the
case of either
Dominion,. by 'any law
of the Legislature of
that
Dominion.
(6) If it
appears that a part
of
the
Province of
Assam is, on
the
appointed day, to
become
part of the
new Province
of
East
Bengal, the
preceding
provisions
of this section
shall have
effect
as if, under this Act, the
Province of Assam was
to cease
to exist
on the
appointed
day and
be reconstituted on
that day
as
a
new Province.
Secretary
of State's
services, etc.
10.-(1)
The
provisions
of this Act keeping in force provisions
of
the
Government
of India Act, 1935, shall not continue
in
force
the
provisions
of that Act relating to appointments to
the
civil
services
of, and
civil posts
under, the Crown in India by
the
Secretary of
State,
or
the
provisions
of
that
Act
relating
to
the
reservation
of posts.
(2)
Every
person
who-
(a)
having been appointed by the Secretary of State, or
Secretary
of State in
Council,
to a civil service of the
Crown in
India
continues on and
after
the
appointed
day to
serve
under the Government
of either of
the
new
Dominions or of any Province or part thereof ; or
(b)
having been appointed by His Majesty before the
appointed day to be a judge of the
Federal
Court or,
of
any court which is a High Court within
the meaning
of
the Government of
India
Act,
1935, continues
on
and
after the
appointed
day to serve as
a judge in either
of
the
new Dominions,
shall be
entitled to
receive from
the Governments
of the Dominions
and Provinces
or
parts
which
he
is
from
time
to time
serving or,
8
Ca. 30. Indian Independence
=o &
i1
GEo.
6.
Act,
1947-
(2)
In its
application in
relation
to
His Majesty's
military
forces,
other than Indian forces,
the
Army Act
shall
have effect
on
or after the appointed day-
(a) as
if
His Majesty's
Indian-forces
were
not included
in
the expressions
" the
forces
", "
His
Majesty's forces
and "
the
regular
forces
" ;
and
(b)
subject
to the
further modifications
specified
in Parts
I
and
II
of the
Third
Schedule
to
this
Act.
(3) Subject
to the
provisions of subsection
(2)
of
this section,
and to any provisions
of
any law of
the Legislature
of
the Domi-
nion
concerned,
all
civil authorities
in
the
new Dominions,
and,
subject
as aforesaid
and subject
also to the provisions
of
the
last
preceding,
section, all service
authorities
in the
new
Dominions,
shall, . in those Dominions and
in the
other
territories
which
were
included
in
India before the appointed
day,
perform in relation,
to
His Majesty's military
forces, not
being
Indian forces,
the same
functions
as
were,
before the
appointed day, performed
by them, or
by the authorities corres-
ponding
to them,
whether
by virtue of
the Army
Act or other-
wise,
and the matters for
which
provision
is to
be made by
orders
of the'
Governor-General
under the preceding
provisions
of this Act
shall include the facilitating
of
the withdrawal
from
the
new Dominions
and other territories
aforesaid of
His Majesty's
military
forces, not being Indian forces.
(4) The
provisions
of subsections
(2)
and
(3)
of
this
section
shall apply in relation
to the air
forces of His
Majesty, not
being
Indian
air forces,
as they apply
in
relation
to , His
Majesty's
military forces,
subject, however, to
the .necessary
adaptations,
and,
in particular,
as
if-
(a)
for
the references to the Army Act
there were substituted
references
to the
Air Force Act ; and
(b) for
the reference to
Part II
of
the
Third
Schedule
to this
Act
there were
substituted
a
reference
to Part III of
that Schedule.
Naval
forces.
13.E--(1) In
the
application
of the
Naval
Discipline Act
to
His Majesty's naval forces, other than
Indian
naval forces,
references
to His Majesty's navy and
His Majesty's ships shall
not,
as
from the
appointed
day, include references
to His Majesty's
Indian navy
or
the
ships thereof.
(2)
In
the application of the
Naval
Discipline Act
by virtue
of
any
law made in
India before the appointed
day to
Indian
naval forces,
references to His Majesty's
navy
and
His Majesty's
ships shall,
as
from the appointed day,
be deemed to be, and to
be
only, references
to
His Majesty's
Indian
navy and the
ships
thereof.
ro
CH.
30.
Indian
Independence
io
&
II GEO.
6.
Act,
1947.
of any right or
liability
of,
India
or any
part
of
India
shall
cease
to have effect on the
appointed
day,
and
any
legal
proceedings
pending
by virtue of any
such
provision
on
the
appointed
day
shall,
by
virtue of this
Act, abate
on
the
appointed
day,
so
far
as
the Secretary of State
is
concerned.
(2)
Subject
to the
provisions
of
this
subsection,
any
legal
proceedings which,
but for the
passing
of
this
Act, could
have
been
brought by
or
against the Secretary
of
State
in
respect of
any
right or liability of India,
or any part
of
India,
shall
instead
be
brought-
(a)
in
the
case of proceedings in the
United
Kingdom,
by
or against the High Commissioner
;
(b) in the case
of other proceedings,
by or
against
such
person
as may be designated by
order of
the
Governor-
General
under the preceding
provisions
of this
Act
or
otherwise
by
the
law of the
new Dominion
concerned,
and
any legal proceedings
by or
against
the
Secretary
of State
in
respect of
any
such
right
or
liability as aforesaid
which
are
pending
immediately
before
the
appointed day
shall
be continued
by
or against
the High
Commissioner
or, as the
case
may be,
the person
designated
as aforesaid :
Provided that,
at any time
after the
appointed
day, the right
conferred
by this
subsection to
bring or
continue
proceedings
may, whether the
proceedings.
are
by,
or
are
against,
the High
Commissioner
or
person designated
as aforesaid.,
be
withdrawn
by
a law of the
Legislature of either
of the
new Dominions
so
far
as that
Dominion
is
concerned,
and
any such
law may operate
as
respects proceedings
pending
at the date
of the passing
of the
law.
(3) In this section,
the expression
" the
High Commissioner
"
means, in relation to each
of the
new
Dominions,
any
such
officer
as may for the
time being
be
authorised
to perform
in
the United
Kingdom,
in relation to
that
Dominion,
functions
similar
to those
performed
before
the
appointed
day,
in
relation
to the Governor-General
in Council,
by
the
High Commissioner
referred to in section
three hundred
and two
of
the Government
of India
Act, 1935 ;
and
any legal proceedings
which,
immediately
before
the
appointed day, are the
subject
of an
appeal
to
His
Majesty
in
Council, or of a petition
for
special
leave
to appeal
to
His Majesty
in
Council, shall be
treated
for the
purposes
of this
section
as legal proceedings pending
in the United
Kingdom.
Aden.
16.-(1)
Subsections
(2) to (4) of
section
two
hundred
and
eighty-eight
of
the
Government of India
Act,
1935 (which
confer
on
His Majesty power to make
by Order
in
Council
provision
for
the
government of Aden) shall
cease
to
have
effect
and the
British
Settlements Acts, 1887 and
1945, (which
authorise
His
12
CH. 30.
Indian
Independence
io
& ii GEO.
6.
Act,
1947.
(4) Nothing
in
this section
affects
any court
outside the
new Dominions,
and the power
conferred
by section two
of the
Indian
and Colonial Divorce
Jurisdiction
Act,
1926, to
apply
certain provisions of that
Act to
other
parts
of His Majesty's
dominions
as they apply to
India
shall
be deemed to
be power
to
apply
those provisions as
they would
have applied to India
if this Act
had
not
passed.
Provisions
as
18.-(1)
In so far as any Act of Parliament,
Order
in
Council,
to
existing
order,
rule,
regulation
or other.
instrument
passed
or
made
before
laws,
etc.
the appointed
day operates otherwise
than
as part
of the
law
of
British India or the
new Dominions, references therein
to India
or British
India, however
worded
and
whether
by
name or not,
shall, in
so
far
as the
context
permits and
except so
far as
Parliament
may
hereafter otherwise provide, be
construed
as,
or
as
including, references
to the
new Dominions,
taken together, or
taken separately, according as the circumstances
and subject
matter may require
:
Provided
that
nothing in
-this
subsection shall be
construed
as
continuing in operation
any
provision' in so
far
as the
continuance
thereof as
adapted
by
this
subsection is
inconsistent
with any
of the provisions,c .f this
Act
other than this section.
(2) Subject
to
the provisions of subsection
(1),
of this section
and,
to any other
express provision of this
Act,
the Orders in
Council
made under
subsection
(5) of
section three hundred and
eleven
of the Government
of
India Act, 1935, for
adapting and
modifying
Acts of Parliament shall, except so far as Parliament
may hereafter otherwise
provide, continue in force in relation
to
all Acts in
so
far as
they operate otherwise than as part of
the
law
of British India
or
the new Dominions.
(3) Save as otherwise expressly
provided
in this Act,
the law
of
British
India and of the
several parts
thereof
existing imme-
diately
before the appointed day shall, so far as applicable
and
with
the
necessary
adaptations, continue as tfie law of
each of
the new
Dominions and the
several parts thereof
until other
provision is made by laws of the Legislature of the
Dominion in
question or by any other
Legislature
or
other
authority having
power in that behalf.
(q.) It is hereby declared
that the Instruments
of Instructions
issued
before the passing
of this
Act
by
His
Majesty
to
the
Governor-General and
the Governors of
Provinces lapse as from
the
appointed day, and nothing in
this
Act shall be construed as
continuing
in force
any
provision
of the,
Government
of India
Act,
1935,
relating to
such Instruments of
Instructions.
(5) As from the appointed day, so much
of any
enactment as
requires
the approval of His Majesty'in Council
to any rules
of
court shall
not apply
to any court in either
of the new Dominions.
14
io
& ii
GEO. 6. Indian
Independence
CH. 30.
Act,
1947.
19.-(1)
References
in
this Act
to the
Governor-General
shall,
Interpreta-
in relation
to any order
to be made or other
act done
on or after
tion,
etc.
the appointed
day, be
construed-
(a)
where the order
or other
act concerns one only
of
the
new Dominions,
as references
to the
Governor-General
of that
Dominion
;
(b)
where the
order
or
other act
concerns
both of the new
Dominions and the same
person is the
Governor-General
of both those Dominions,
as
references
to that
person ;
and
(c)
in
any
other
case, as references
to the
Governors-General
of the
new Dominions, acting jointly.
(2)
References
in this Act
to the Governor-General shall, in
relation to
any
order
to be
made
or
other act done before the
appointed day, be construed as references
to the Governor-General
of India within the meaning
of
the
Government
of India Act,
1935,
and so much of that or any other Act as requires references
to the Governor-General to be construed as references to the
Governor-General in
Council shall
not
apply to
references
to
the
Governor-General in this Act.
(3) References in
this
Act to the Constituent Assembly of
a
Dominion shall be construed as
references-
(a) in relation to India, to the Constituent
Assembly,
the
first
sitting
whereof was held on the
ninth day of
December,
nineteen hundred
and
forty-six, modified-
(i) by the
exclusion
of
the
members
representing
Bengal, the Punjab, Sind and
British Baluchistan ;
and
(ii)
should
it appear that the North West
Frontier
Province will form part of Pakistan,
by the exclusion
of
the members
representing that Province ;
and
(iii)
by
the
inclusion
of members
representing
West
Bengal and East Punjab ; and
(iv)
should
it appear that, on the
appointed day,
a part of the Province of
Assam is to
form
part
of
the
new
Province
of East Bengal, by the
exclusion
of the
members theretofore
representing the
Province
of Assam and the
inclusion of members
chosen to
represent the
remainder of that Province
;
(b) in relation to
Pakistan, to the Assembly set
up
or about
to
be
set
up at the
date of
the passing
of this
Act under
the
authority
of the Governor-General
as the
Con-
stituent Assembly
for Pakistan
:
Provided that nothing
in this subsection shall
be construed
as
affecting the
extent to
which representatives
of
the Indian
States
take
part in either of the
said Assemblies, or
as preventing
the
15
9 & io
Geo. 6.
c. 39.
Short title.
CIi.
30.
Indian
Independence
.io
&
i1 GEO.
6.
Act,
1947,
filling
of
casual vacancies
in the
said
Assemblies.,
or
as preventing
the participation
in either
of
the said
Assemblies,
in
accordance
with such
arrangements
as
may
be
made
in that
behalf,
of
representatives
of the
tribal
areas
on
the
borders
of the
Dominion
for
which
that
Assembly sits,
and
the
powers
of the said
Assemblies
shall extend
and
be deemed
always
to have
extended
to the
making
of provision for the
matters
specified
in this
proviso.
(4) In
this
Act, except
so
far as the
context
otherwise
requires-
references to the Government
of India
Act,
1935, include
references to any enactments
amending
or supple-
menting
that
Act, and, in
particular,
references
to the
India
(Central Government
and
Legislature)
Act,
1946
;
" India
", where the
reference is to
a
state
of
affairs
existing
before the appointed
day or which
would
have
existed
but
for
the
passing of this Act,
has the
meaning
assigned
to
it by section three
hundred and eleven
of
the
Govern-
ment of India
Act,
1935
;
" Indian
forces
"
includes all
His Majesty's Indian
forces
existing before the
appointed
day and also any
forces
of either of the
new Dominions
;
" pension
"
means,
in relation to
any person,
a pension
whether contributory
or not,
of any
kind whatsoever
payable to or
in respect
of
that
person,
and includes
retired pay so
payable,
a gratuity so payable
and any
sum or sums so
payable
by
way
of the
return,
with or
without
interest thereon
or other
additions thereto,
of subscriptions to
a provident
fund;
" Province
"
means a Governor's
Province ;
" remuneration " includes leave pay,
allowances
and
the
cost
of any privileges or
facilities provided
in kind.
(5)
Any
power
conferred
by this Act to
make
any
order
includes
power to
revoke
or vary any
order
previously made in
the
exercise
of that power.
20.
This Act may be cited as the
Indian
Independence
Act,
1947.
16
io
& ii
GEO.
6.
Indian
Independence
CH. 30.
Act,
1947.
SCHEDUILIES.
FIRST
SCHEDULE.
Section
3.
BENGAL
DISTRICTS
PROVISIONALLY
INCLUDED IN
THE
NEW
PROVINCE
OF EAST
BENGAL.
In
the
Chittagong Division, the districts
of Chittagong, Noakhali and
Tippera.
In
the
Dacca Division, the districts
of Bakarganj, Dacca, Faridpur
and Mymensingh.
In the Presidency
Division, the
districts
of Jessore, Murshidabad and
Nadia.
In
the Rajshahi Division,
the districts of
Bogra, Dinajpur, Malda,
Pabna,
Rajshahi and
Rangpur.
SECOND SCHEDULE.
Section
4.
DISTRICTS PROVISIONALLY
INCLUDED
IN THE
NEW
PROVINCE OF
WEST
PUNJAB.
In
the
Lahore
Division, the districts
of Gujranwala,
Gurdaspur,
Lahore,
Sheikhupura
and
Sialkot.
In
the
Rawalpindi
Division, the districts
of
Attock, Gujrat, Jhelum,
Mianwali,
Rawalpindi and Shahpur.
In the
Multan Division, the
districts
of Dera Ghazi
Khan, Jhang,-
Lyalipur,
Montgomery, Multan
and Muzaffargarh.
THIRD SCHEDULE.
Section 22.
MODIFICATIONS
OF
ARMY ACT
AND
AIR FORCE ACT IN
RELATION
TO BRITISH FORCES.
PART I.
MODIFICATIONS
OF
ARMY
ACT APPLICABLE
ALSO TO AIR
FORCE
ACT.
i. The proviso
to section
forty-one (which
limits
the jurisdiction of
courts martial)
shall
not apply
to
offences committed
in either of
the
new
Dominions
or in any
of the other territories
which
were
included
in
India
before
the
appointed
day.
2. In
section
forty-three (which
relates to complaints),
the
words
" with
the
approval of the
Governor-General
of India
in Council "
shall
be
omitted.
3. In subsections
(8) and (9)
of section fifty-four
(which, amongst
other things,
require certain
sentences to be confirmed
by the
Governor-
General
in Council),
the words
" India or ", the words
"
by
the
A
4 17
CH. 30. Indian Independence
io &
zi GEO.
6.
Act,
1947.
3RD
Sca.
Governor-General, or, as the case may be " and
the words
" in
India,
-cont. by the Governor-General, or, if he
has
been tried
" shall
be omitted.
4. In
subsection (3)
of section
seventy-three (which
provides
for
the
nomination
of officers with power
to dispense
with courts
martial
for
desertion
and fraudulent enlistment)
the words "
with
the
approval
of
the
Governor-General
" shall
be omitted.
5. The powers
conferred by
subsection (5)
of section
one
hundred
and
thirty (which provides for the removal
of insane
persons),
shall
not
be exercised
except
with
the consent of the officer commanding
the
forces in the
new
Dominions.
6.
In subsection
(2)
of
section one hundred
and thirty-two
(which
relates
to rules
regulating
service prisons and
detention
barracks) the
words " and in India
for the
Governor-General " and the words
" the
Governor-General "
shall be omitted
except as respects rules
made, before the appointed day.
7. In the cases specified in
subsection
(1)
of section one
hundred
and
thirty-four, inquests shall
be held
in
all cases
in accordance
with
the
provisions
of subsection (3)
of that section.
8. In
section one
hundred
and
thirty-six
(which relates
to
deductions
from pay),
in subsection
(1)
the
words
" India or "
and the
words
" being
in
the case of
India
a law of
the
Indian
legislature ", and
the
whole of subsection
(z), shall be omitted.
9. In paragraph
(4) of section one
hundred
and
thirty-seven
(which
relates
to penal
stoppages
from
the
ordinary pay
of
officers),
the
words " or in
the
case of officers
serving in India the
Governor-
General
" the words " India or " and
the words " for India or,
as the
case
may be " shall be omitted.
Io..
In paragraph
(12) of
section,
one
hundred
and
seventy-five and
paragraph
(ii)
of section
one hundred and seventy-six (which
apply
the Act to
certain members of
His
Majesty's Indian Forces
and to
certain
other persons)
the word
" India "
shall be omitted
wherever
it occurs.
ii.
In subsection
(i)
of section one hundred
and eighty (which
provides for
the punishment of misconduct by
civilians
in
relation
to
courts martial)
the words " India or " shall be omitted
wherever
they
occur.
12. In
the
provisions
of section
one
hundred
and
eighty-three
relating
to
the
reduction
in
rank of non-commissioned officers,
the
words " with
the approval of the Governor-General
" shall
be
omitted
in both places
where they occur.
PART
H.
MODIFICATIONS
OF
ARMY ACT.
Section
184B
(which regulates relations with the
Indian Air
Force)
shall
be
omitted.
18
.e.
io
& ii GEO'
6.. Indian Independence
CH.
30.
Act,
1947.
PART III.
MODIFICATIONS
OF
AIR FORCE ACT.
1. In
section
179D
(which
relates to
the
attachment
of officers and
airmen
to
Indian
and Burma
Air
Forces), the
words " by
the
Air Council
and the
Governor-General of India
or, as the
case
may be,"
and the
words
"
India
or ", wherever those words occur, shall
be
omitted.
2.
In section
184B (which
regulates relations with Indian
and
Burma
Air Forces)
the
words
" India
or " and
the words " by the Air Council
and the Governor-General
of India or, as
the case may be," shall be
omitted.
3. Sub-paragraph
(e) of paragraph (4) of section one
hundred
and
ninety (which
provides
that
officers of
His Majesty's Indian
Air Force
are
to be
officers
within
the meaning of
the
Act) shall be omitted.
3RD
SCH.
--font.
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Controller
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Majesty's Stationery
Office
and
King's
Printer
of Acts
of
Parliament
Cii.
30. Indian
Independence
Act,
1947.
i
IO&iiGEo.6.
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