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Section 289 - New Provinces and Alterations of Boundaries of Provinces in Government of India Act, 1935 [Repealed]

snapp 289 GOIA[ 1935 0 Notes

New Provinces and Alterations of Boundaries of Provinces.

1 [289.New Provinces and alterations of boundaries of Provinces

(1)As from such date2 as His Majesty may by Order in Council appoint--

(a) Sind shall beseparated from the Presidency of Bombay and shall form a Governor's Province tobe known as the Province of Sind;

(b) Orissa and suchother areas in the Province of Bihar and Orissa as may be specified in the Orderof His Majesty shall be separated from that Province, and such areas as may beseparated from the Presidency of Madras and the Central Provinces respectively,and Orissa and the other areas so separated shall together form a Governor'sProvince to be known as the Province of Orissa; and

(c)the Province formerly known as Bihar and Orissa shall be known as the Provinceof Bihar.

(2)An Order in Council made under this section shall define the boundaries of theProvinces of Sind and Orissa and may contain--

(a) such provisionsfor their government and administration during the period before Part III ofthis Act comes into operation;

(b) such provisionsfor varying during the said period the composition of the Local Legislature ofany Presidency or Province the boundaries of which are altered under thissection;

(c) such provisionswith respect to the laws which, subject to amendment or repeal by theProvincial or, as the case may be, the Federal Legislature, are to be in forcein, or in any part of Sind or Orissa respectively;

(d)in the case of Orissa, such provisions with respect to the jurisdictiontherein of any court theretofore exercising the jurisdiction of a High Court,either generally or for any particular purpose, in any area to be included inthe Province;

(e) such provisionswith respect to apportionments and adjustments of and in respect of assets andliabilities; and

(f)such supplemental, incidental and consequential provisions; as His Majesty maydeem necessary or proper.

(3)Subject to the provisions of any such Order as aforesaid, the Governor-Generalin Coucnil may, until the date on which Part III of this Act comes intooperation, exercise in relation to the provinces of Sind and Orissa and anyPresidency or Province the boundaries of which are altered under this sectionany powers which he might have exercised if the said new Provinces had beenconstituted, or those boundaries had been altered, under the provisions in thatbehalf contained in the Government of India Act.

(4)In this Act the expression "the Legislative Council of the Province"when used in relation to a date before the commencement of Part III of this Actshall in the case of Sind and Orissa be deemed to refer to the LegislativeCouncils of Bombay and of Biha^ or Bihar and Orissa respectively.

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1.Omitted, by the India (Provisional Constitution) Order, 1947.

2.1-4-1936,the Government of India (Constitution of Sind) Order, 1936[3-3-19361and the Government of India (Constitution of Orissa) Order, 1936[3-3-1936],paras 4, Gazette of India, 1936, Pt. I pp. 364 and 349 respectively.

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