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THE STATE OF HIMACHAL PRADESH ACT, 1970

Title : THE STATE OF HIMACHAL PRADESH ACT, 1970

Year : 1970



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 Slate 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.



On and from the appointed day, in clause (a) of section 15 of the States Reorganisation Act, 1956,-

(i) For the word "Punjab", words "Punjab, Himachal Pradesh" shall be substituted;

(ii) For the words "Himachal Pradesh and Chandigarh", the words "and Chandigarh" shall be substituted.



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.



(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Union Territory of Himachal Pradesh shall continue to be in force in the State of Himachal Pradesh until altered, repealed or amended by a competent Legislature or other competent authority.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 Slate 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and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.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



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.



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.



The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.



(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.



(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 each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 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.

THE FIRST SCHEDULE
[See section 19(1)]

AMENDMENT OF THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950

(1) In paragraph 2, for the figure "XIII", the figure "XIV" shall be substituted, and in paragraph 4, for the portion beginning with the words, figures and letter "and any reference in Parts IVA and X of the Schedule" and ending with the words and figures "the first day of November, 1966", the following shall be substituted, namely:-

"any reference in Parts IVA and X of the Schedule to a State or to a district or other territorial division thereof shall be construed as a reference to the State, district or other territorial division constituted as from the first day of November, 1966; and any reference in Part XIV to a State or to a district or other territorial division thereof shall be construed as a reference to the State, district or other territorial division constituted as from the day appointed under clause (b) of section 2 of the State of Himachal Pradesh Act, 1970".

(2) In the Schedule, after Part XIII, the following Part shall be inserted, namely :-

"PART XIV.- Himachal Pradesh

1. Throughout the State except the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966):-

1. Ad-dharmi

2. Badhi or Nagalu

3. Bandhela

4. Balmiki, Chura or Bhangi

5. Bangali

6. Banjara

7. Bansi

8. Barad

9. Barar

10. Batwal

11. Bawaria

12. Bazigar

13. Bhanjra

14. Chamar, Mochi, Ramdasi, Ravidasi or Ramdasia

15. Chanal

16. Chhimbe (Dhobi)

17. Chuhre

18. Dagi

19. Daole

20. Darai or Daryai

21. Daule

22. Dhaki or Toori

23. Dhaogri or Dhuai

24. Doom or Doomna

25. Dumne (Bhanjre)

26. Hali

27. Hesi

28. Jogi

29. Julahe

30. Kabirpanthi, Julaha or Keer

31. Kamoh or Dagoli

32. Karoack

33. Khatik

34. Koli

35. Lohar

36. Mazhabi

37. Megh

38. Nat

39. Od

40. Pasi

41. Phrera

42. Rehar

43. Rehara

44. Sansi

45. Sapela

46. Sarde, Sarare or Siryare

47. Sarehde

48. Sikligar

49. Sipi

50. Sirkiband

51. Teli

52. Thathiar or Thathera.

2. In the territories specified in sub-section (1) of section 5.of the Punjab Reorganisation Act, 1966 (31 of 1966) :-

1. Ad Dharmi

2. Bangali

3. Barar, Burar or Berar

4. Batwal

5. Bauria or Bawaria

6. Bazigar

7. Balmiki, Chura or Bhangi

8. Bhanjra

9. Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi or Ravidasi

10. Chanal

11. Dagi

12. Darain

13. Dhanak

14. Dhogri, Dhangri or Siggi

15. Dumna, Mahasha or Doom

16. Gagra

17. Gandhila or Gandil Gondola

18. Kabirpanthi or Julaha

19. Khatik

20. Kori or Koli

21. Marija or Marecha

22. Mazhabi

23. Megh

24. Nat

25. Od

26. Pasi

27. Perna

28. Pherera

29. Sanhai

30. Sanhal

31. Sansoi

32. Sansi, Bhedkut or Manesh

33. Sapela

34. Sarera

35. Sikligar

36. Sirkiband.

[See section 19(2)]

AMENDMENT OF THE CONSTITUTION (SCHEDULED CASTES)
(UNION TERRITORIES) ORDER, 1951.

(1) In paragraph 4, for the words and figures "Parts II and V" in both the places where they occur, the word and figure "Part V" shall be substituted.

(2) In the Schedule, Part II shall be omitted.

THE THIRD SCHEDULE
[See section 20(1)]

AMENDMENT OF THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950

(1) In paragraph 2, for the figure "XII", the figure "XIII" shall be substituted and in paragraph 3, for the portion beginning with the words, figures and letters "and any reference in Parts IV and VIIA"and ending with the words, figures and letters "as from the 1st day of May, 1960", the following shall be substituted, namely:-

"any reference in Parts IV and VIIA of the Schedule to a State or to a district or other territorial division thereof shall be construed as a reference to the State, district or other territorial division constituted as from the 1st day of May, 1960; and any reference in Part XIII to a State or to a district or other territorial division thereof shall be construed as a reference to the State, district or other territorial division constituted as from the day appointed under clause (b) of section 2 of the State of Himachal Pradesh Act, 1970".

(2) In the Schedule, after Part XII, the following Part shall be inserted, namely:-

"PART XIII.-Himachal Pradesh

1. Throughout the State except the territories specified in sub- section (1) of section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966):-

1. Gaddi

2. Gujjar

3. Jad, Lamba, Khampa and Bhot or Bodh

4. Kanaura or Kinnara

5. Lahaula

6. Pangwala.

2. In Lahaul and Spiti district:-

1. Gaddi

2. Swangla

3. Bhot or Bodh.".

[See section 20(2)]

AMENDMENT OF THE CONSTITUTION (SCHEDULED TRIBES) (UNION
TERRITORIES) ORDER, 1951.

(1) For paragraph 3, the following paragraph shall be substituted,namely:-

"3. Any reference in this Order to a Union territory shall be construed as a reference to the territory constituted as a Union territory as from the 1st day of November, 1956.".

(2) In the Schedule, Part I shall be omitted.

Last updated on September, 2016

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