বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড)/১৪
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১৮ জুলাই, ১৯৪৭ |
THE INDIAN INDEPENDENCE ACT'
18 My, 1947.
Be it enacted....as follows:
I. (1) As from the fifteenth day of August, nineteen hundred and forty-seven, two independent Dominions shall be set up in 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 fifteen day of August is hereafter in this Act referred to as 'the appointed day”.
II. (1) Subject to the provisions of sub-sections (3) and (4) of this section, the territories of India shall be the territories under the sovereignty of His Majesty which, immediately before the appointed day, were included in British-India except the territories which, under sub-section (2) of this section, are to be the territories of Pakistan.
(2) Subject to the provisions of sub-sections (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 of East Bengal and West Punjab, as constituted under the two following sections;
(b) the territories which, at the date of 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 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 North West Frontier Province are in favor 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 sub-section (1) or, as the case may be, sub section (2), of this section shall be included in either Dominion without the consent of that Dominion; and
(b) no area which forms part of the territories specified in the said sub-section (1) or, as the case may be, the said sub-section (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 generosity of the provisions of sub-section (3) of this section, nothing in this section shall be construed as preventing the accession of Indian States to either of the new Dominions.
III. (1) As from the appointed day-
(a) the Province of Bengal, as constituted under the Government of India Act, 1935, shall cease to exist; and
(b) there shall be constituted in lieu thereof two new Provinces, to be known. respectively as East Bengal and West Bangal.
(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 passing of this Act, is being or has recently been held in that behalf under his authority in the district of Sylhet are in favor 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 sub-section (3) of this section, form part of the new Province of East Bengal.
(3) The boundaries of the new Provinces aforesaid and, in the event mentioned in sub-section (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 sub-section (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 decision of the chairman of that commission contained in his report to the Governor-General at the conclusion of the commission's proceedings.
IV. (1) As from the appointed day-
(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 comprised 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.
(4) For each of the new Dominions, there shall be a Governor-General who shall be appointed by His Majesty and shall represent His Majesty for the purpose of the government of the 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 new Dominions.
VI. (1) The Legislature of each of the 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 Legislature 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 reservation of laws for the signification of His Majesty's pleasure thereon or the suspension of the operation of laws until the significance 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.
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VIII. (1) In the case of each of the new Dominions, the powers of the Legislature of the Dominion shall, for the purpose of making provision as to the constitution of the Dominion, be exercisable in the first instance by the Constituent Assembly of that Dominion, and references in this Act to the Legislature of the Dominion shall be construed accordingly.
(2) Except in so far as other provision is made by or in accordance with a law made by the Constituent Assembly of the Dominion under sub-section (1) 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 there under, 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.
XI. (1) The orders to be made by the Governor-General under the preceding provisions of this Act shall make provision for the division of the Indian armed forces of His Majesty between the new Dominions, and for the command and governance of those forces until the division is completed.
(2) As from the appointed day, while any member of His Majesty's forces, other than His Majesty's Indian forces, is attached to or serving with any of His Majesty's Indian forces-
(a) he shall, subject to any provision to the contrary made by a law of the Legislature of the Dominion or Dominions concerned or by any order of the Governor- General under the preceding provisions of this Act, have, in relation to the Indian forces in question, the powers of command and punishment appropriate to his rank and functions; but
(b) nothing in any enactment in force at the date of the passing of this Act shall render him subject in any way to the law governing the Indian forces in question.
XVIII. (3) Save as otherwise expressly provided in this Act, the law of British India and of the several parts thereof existing immediately before the appointed day shall, so far as applicable and with the necessary adaptations, continue as the law of each of the new Dominions and the several parts thereof until other provision is made by laws of the Legislature of the Dominions in question or by any other Legislature or other authority having power in that behalf.
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XX. This Act may be cited as the Indian Independence Act, -1947.
SCHEDULES
FIRST SCHEDULE
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 Bakerganj, 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
DISTRICTS PROVISIONALLY INCLUDED IN THE NEW PROVINCE OF WEST PUNJAB
In the Lahore Division, the districts of Gujranwala, Gurdaspur, Lahore, Sheikhupara 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. Lyallpur, Montgomery, Multan and Muzaffargarh.