The State of Himachal Pradesh Act, 1970

Act No. 53

25-Dec-1970

Section 1 — Short title

1. Short title .-This Act may be called the State of Himachal Pradesh Act, 1970.

Section 2 — Definitions

2. Definitions .-In this Act, unless t he context otherwise requires, -

(a)“Administrator ” means the administrator appointed by the President under article 239 of the Constitution;

(b)“appointed day ” means the day which the Central Government may, by notification in the Official Gazette, appoint;

(c)“article ” means an article of the Constitution;

(d)“Election Commission ” means the Election Commission appointed by the President under article 324;

(e)“existing Union territory of Himachal Pradesh ” means the Union territory of Himachal Pradesh as existing immediately before the appointed day;

(f)“law” includes any enactment , ordinance, regulation, order, bye -law, rule, scheme, no tification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing Union territory of Himachal Pradesh;

(g)“sitting member ”, in relation to either House of Parliament or of the Legislative Assembly of the existing Union territory of Himachal Pradesh, means a person who, immediately before the appointed day, is a member of that House or that Assembly;

(h)“treasury ” includes a sub -treasury. PART II ESTABLISHMENT OF THE STATE OF HIMACHAL PRADESH

Section 3 — Establishment of State of Himachal Pradesh

3. Establishment of State of Himachal Pradesh .-On and from the appointed day, there shall be established a new State, to be known as the State of Himachal Pradesh, comprising the territories which immediately before that day were comprised in the existing Union territory of Himachal Pradesh.

Section 4 — Amendment of First Schedule to the Constitution

4. Amendment of First Schedule to the Constitution .-On and from the appointed day, in the First Schedule to the Constitution, -

(a)under the heading “I. THE STATES, ” after entry 17, the following ent ry shall be inserted, namely:- “18. Himachal Pradesh The territories which immediately before the commence ment of this Constitution were being administered as if they were Chief Commissioners ‟ Provinces under the names of Himachal Pradesh and Bilaspur and the territories specified in sub-section ( 1) of section 5 of the Punjab Reorganisation Act, 1966 .”; 5

(b)under the heading “II. THE UNION TERRITORIES ”, entry 2 relating to Himachal Pradesh shall be omitted and entries 3 to 10 shall be re -numbered as entries 2 to 9 respective ly. PART III REPRESENTATION IN THE LEGISLATURES The Council of States

Section 5 — Amendment of Fourth Schedule to the Constitution

5. Amendment of Fourth Schedule to the Constitution .-On and from the appointed day, in the Fourth Schedule to t he Constitution, in the Table, -

(a)entry 18 shall be re -numbered as entry 19 and before the entry as so re -numbered, the following entry shall be inserted, namely: - “18. Himachal Pradesh …………. 3”;

(b)entry 19 shall be omitted.